Document 7RzvwRBYwxQpzBwm6e33dKR98

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE: MASSACHUSETTS ASBESTOS CASES ) ) ) ) NOS. 1 and 2 ALL CASES ANSWERS OF GARLOCK INC TO PLAINTIFFS' INTERROGATORIES The defendant, Garlock Inc ("Garlock"), hereby answers and objects to the plaintiffs' interrogatories as follows: GENERAL OBJECTIONS Garlock poses the following general objectsion to plaintiffs' interrogatories and incorporates each of these objections by reference to every answer provided hereinafter: 1. The interrogatories request information going back many years, and Garlock has found it difficult, if not impos sible, to reconstruct or retrieve much of the information requested. The answers given are based upon the present facts known or believed to be true by Garlock at the time of its i it answer. Records destruction policies requiring destruction of documents further complicates this task. 2. The interrogatories are overly broad, burdensome, and, in places, vague and ambiguous. In addition, the inter rogatories are not sufficiently limited in time and use terms which do not refer to products manufactured by Garlock. ^104*4, if y&ui naJ :ia^ha*ao*t. /OO jbwvUiry Sfatet Nation, OtffO Garlock does not now produce, manufacture, or sell, and has never produced, manufactured or sold, asbestos-containing .J "insulation products" as that term is commonly used and under stood. Therefore, Garlock objects to any interrogatory refer ring to or assuming that such products are manufactured by Garlock and presumes that questions referring to insulation materials are thus not applicable to Garlock. 3. It is understood that in the description of "asbestos products" as used in these interrogatories the fol lowing agreement was reached by the parties in their "Further Stipulation of 3/18/82" and these definitions are indicated in parentheses ( ), after each use of the phrase "asbestos pro ducts" as modifying that phrase. (Type 1) - "Type 1 products" includes pipe covering, block, cement, 7M type cement, welders cloth and blankets, felt, cloth, tape, rope, thread, yarn, roving, board, marinite, paper and gasket and sheet gasket material. (Type 2) - "Type 2 products" includes protective aprons and gloves, automotive brakes and clutch facings and building insulation. (Type 3) - "Type 3 products" includes other asbestos products such as transite pipes, ceiling and floor tiles, and electrical insulation. INTERROGATORY NO. 1 State the name, address, telephone number and position of the corporate officer answering these interrogatories. >'00 CtffC -2 ANSWER NO. 1 Harold D. Retting, General Counsel, Garlock Inc, P.0 Box 8090, Longview, Texas 75601, (214) 758-0000. INTERROGATORY NO. 2 Have any documents and records of the defendant been used or referred to, in connection with the preparation or answers to these interrogatories? If so, for each document referred to, state the following: (a) The number of the question and its subpart (b) The identity and title of the document; (c) The name and location of the file in which the document was found? (d) The name and location of the file in which the document is presently located; (e) The originator of the document. (As modified by Further Stipulation of 3/18/82.) tOO dfeu%jUu%' OHiO ANSWER NO. 2 Yes. Prime Sources. - Workmen's Compensation Files. - Product description records - Sales records - Product specification records INTERROGATORY NO. 3 State the names of each person, who was spoken to or who provided information to assist in answering these inter rogatories and for each person state the following: 3 s (a) The number of each question and its subpart for which such personnel provided informa tion; (b) For each question identified in (a), state the name, title and position description of the personnel supplying information; (c) The present location and address of the personnel identified in (b); (d) The contents of the information provided. (As modified by Further Stipulation of 3/18/82.) ANSWER NO. 3 (a)-(d) The following persons at Garlock have supplied infor mation relating generally to all the various subject areas of these interrogatories in response to these interrogatories: (1) Harold D. Retting, General Counsel Garlock Inc P.O. Box 8090 Longview, Texas 75601 (2) Clayton M. Jewett Manager of Marketing - Gasket products Garlock Inc 1666 Division Street Palmyra, New York 14522 (3) INTERROGATORY NO. 4 Richard w. Watson, Paralegal Garlock Inc 1666 Division Street Palmyra, New York 14522 State the full and complete legal name under which / tMtrtnal 'jjtijfiGAeUum ICO OfHO your company or any predecessor is now doing business and has done business at all times from the date when it began mining, 4 ti processing, raanufacturing and/or selling asbestos products or thermal insulation products and materials up until the present time. ANSWER NO, 4 The Garlock Packing Company was originally incorpo rated on March 27, 1905, On April 25, 1960 the name was changed to Garlock Inc . Garlock has never mined asbestos products, and has never processed, manufactured or sold asbestos-containing thermal insulation products or materials. INTERROGATORY NO. 5 Please state in which state or states of the United States or what foreign country your business is incorporated and where its principal place of business is located. ANSWER NO. 5 Garlock is an Ohio corporation. Its principal place of business is 1666 Division Street, Palmyra, New York. INTERROGATORY NO. 6 Please state whether: (a) Your company is authorized to do business in Massachusetts; (b) Your company does business in Massachusetts. fOO J&ntfan, ANSWER NO. 6 (a) S&ttt OHIO Registration to do business in Massachusetts withdrawn in 1981. 5 (b) Products manufactured by Garlock are used in Massachusetts and are sold to customers in Massachusetts. INTERROGATORY NO. 7 Is your firm now or has it or any of its predecessors ever been engaged in: (a) The mining of asbestos material; (b) The processing and/or refining of asbestos material; (c) The manufacture of asbestos products (all types); (d) The sale and/or distribution of asbestos products (all types); ANSWER NO. 7 (a) No. (b) Asbestos material is processed only in the sense that other materials are mixed with it. No asbestos materials are "refined" by this defendant. (c) This defendant manufactures products that contain a portion of asbestos. (d) This defendant sells products that contain a portion of asbestos. INTERROGATORY NO. 8 If y&t/l / twmtri r''&G0fia*a&artr /CO Sfamt If any subpart of Interrogatory 7 is answered matively, state for each such affirmative answer: affir Ci/fO 6- (a) Each asbestos product mined, processed, manufactured, sold and/or distributed; (b) The inception date for each product; (c) The location of each mine, plant, and sales or distribution facility for each product; (d) The name, present address and title of the officers responsible for such facility from its inception to the present time. ANSWER NO. 8 (a) - (d) Objection. See General Objections 1 and 2. Garlock further objects on the grounds that the only Garlock products at issue in this litigation are those to which a plain tiff was actually, or claims to have' been exposed. Until such products have been identified by a plaintiff, Garlock objects to this interrogatory as being overly broad and not related to any claim set forth by any plaintiff in this litigation. Notwithstanding this objection or in any way waiving 'QateAi, v y&iii the same, Garlock further responds as follows: (a) Garlock Compressed Asbestos Sheet. Garlock Gasketing Materials (several styles, including compressed asbestos sheet) ' tOO ^euuUinr dCcu*. OZHO Garlock Packing materials (several styles). 7 (b) Unknown. (See General Objection No. 1). (c) Manufacturing facilities are located in Palmyra, New York; Sodus, New York; Gastonia, North Carolina. (d) Current responsible officer - Palmyra & Sodus, N.Y. - George W. Townsend - c/o Garlock Inc., 1666 Division St., Palmyra, N.Y. 14522; Gastonia, N.C. - Robert D. O'Neal - c/o Garlock Inc., 4307 York Rd., Gastonia, N.C. 28052. INTERROGATORY NO. 9 State the names and positions of all corporate officers or officials having the responsibility of creating, directing, setting or determining the course of action and/or the responsibility of your firm's activities with regard to the mining, manufacturing, processing, sale and/or packaging of asbestos products since 1930, insofar as it relates to asbestos and health. (As modified by "Understanding of 12/9/81.") ANSWER NO. 9 See General Objection No. 1. No individuals had such a responsiblity. Such policies were general management func tions relating to manufacturing. George W. Townsend, vice President of Garlock Inc., is in such a management position. k CgHO 8 INTERROGATORY NO. 10 For each asbestos product (Type 1 only) mined, manu factured, processed, refined, sold or distributed by you since 1930, state: (a) The date you commenced such activities; (b) The generic name of the "asbestos product"; (c) The brand name of the "asbestos product"; (d) The Trademark name of the "asbestos pro duct"; (e) The asbestos content of such "asbestos product"; (f) The mineralogical and other constituents of such "asbestos product" and the percentage by weight of each such constituent contained therein. ANSWER NO. 10 (a) itrncr/ fC0 cfamt cBtOZflO (b) (c) (d) Over the years since 1930, Garlock Inc has manufactured and sold hundreds of products that contain some portion of asbestos, primarily gasketing and packing materials. Gasket and packing material. Garlock. The principal marks which have been used over the years in connection with asbestoscontaining products, as well as non asbestos-containing products are as follows: -9 BELMONT, CHEVRON, GUARDIAN, LATTICE BRAID, PALMYRA, PAPER PAK. (e) Substantially, all of Garlock's products ar made with chrysotile asbestos fibers that have been encapsulated to prevent the release of asbestos fibers, if any, in sufficient quantities to pose a health hazard to persons using those products. (f) Objection. Until such time as a proper agreement concerning the confidentiality of this information is executed by the parties Garlock objects to the production of this proprietary information. (See also Answer NO. 11.) INTERROGATORY NO. 11 With respect to each asbestos product (Type 1 only) referred to in Answer 10, or which were sold to any other defendant, state: (a) The full description of each product; (b) The intended use of the product; (c) The form in which the product is sold, e.g. bags, drums, boxes, etc.; (d) Does the asbestos product have to be cut, sawed, shaped, mixed, or otherwise worked before or during application or use? If so describe what the user had to do before tee mt CSHC applying and using the product. 10 tCO iBaUaa* OHIO ANSWER NO. 11 See General objections 1 and 2. The only asbestos- containing products of Garlock to which plaintiffs claim to have been exposed are Garlock asbestos sheet and gaskets. Accordingly, Garlock answers as follows, subject to the fore going objections: (a) Garlock asbestos sheet is a mixture of asbestos fibers, curing agents, reinforcing fillers and elastomers (natural rubber or synthetic polymers having the elastic qualities of rubber). Asbestos fibers are machine blended with the rest of the mixture until they are thoroughly coated. The entire compound is then heated and rolled into sheets and is continually compressed to form a tough, impermeable, homogeneous material that looks like Linoleum. Other gasket material is ma'de from long fiber asbestos yarn impregnated and encased in a rubberized coating. Other gaskets have asbestos encased by layers of metal or encapsulated within a Teflon resin envelope. Garlock asbestos packing materials consist of woven asbestos encapsulated in either elastomeric compounds or metal foils and/or impregnated with lubricants. 11 ^ y&Ji OMOfta/ 100 ^a&ian* 3faef OHIO (b) Garlock asbestos sheet is suitable for sealing steam line flanges, cylinder heads of engines, compressors and refrigeration equipment. Garlock gasketing products are suitable for sealing joints between two conduits through which fluids flow. Garlock packing materials are used to seal machin ery. (c) The form in which Garlock asbestos sheets and gaskets is shipped varies depending on the size and configuration of each item, the number of items called for by the customer's order, and the customer's own desires, among the containers used are burlap bags, cardboard boxes and wooden crates. In addition, asbestos sheet is occasionally shipped flat on wooden pallets. (d) Finished compressed asbestos sheet is either cut into gaskets by Garlock or sold for use by others in cutting gaskets. Garlock's flexible and durable gasketing material is handled, installed and removed in all intended applications without releasing meaningful quantities, if any, of asbestos fibers into the air. Garlock compressed asbestos sheets and gaskets are treated with an anti-stick releasing agent which reduces 12 ^aMentd- V 2&z/l ico z8o*ot%, OfffO any tendency of the gasket to adhere to pipe flanges during removal and replacement. This anti-stick agent facilitates the removal of old gaskets by servicing employees without generating dust. Other Garlock products come in specific sizes for application and do not generally require modification before or during application or use. INTERROGATORY NO. 12 For each asbestos product (Type 1 only) referred to in Answer 10, or which was made available to GD or BSC directly or indirectly or which was sold to any other defendant, state separately: (a) The date the product was first commercially sold? (b) The date and place where the product was designed and developed. (c) The identity and present whereabouts of the person or persons responsible for the design or development of the product? (d) The identity and present location of all records describing and dealing with the design and development of the process? (e) The identity and present location of all records dealing with the testing of the product? 13 (f) [withdrawn by "Further Stipulation of 3/18/82."] (g) For each asbestos product that your firm did not (sic) develop, state the circumstances under which your firm began to sell or manufacture such asbestos product. (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 12 Garlock has produced asbestos products since early in this century and there have been continual tests, changes and alterations over the years. To require Garlock to attempt to tabulate such matters on an individual product basis would be unduly burdensome and impossible, given the passage of time. See General Objections 1 and 2. Accordingly, Garlock answers as follows, subject to the foregoing objections: (a) i) Asbestos compressed sheet - unknown, ii) Gasket material - unknown, iii) Packing material - unknown. (b) i) Asbestos compressed sheet - unknown, ii) Gasket material - unknown, iii) Packing material - unknown. (c) Most of these individuals are deceased as compressed sheet gasket material was devel oped prior to 1900. There is some ongoing OiftO 14 development under the direction of Chief Engineer of Process, R. L. Whittaker and Chief Product Engineer J. R. Mitchell, both of Palmyra, New York* (d) If such documents exist, they are probably located in Palmyra, New York. (e) If such documents exist, they are probably located in Palmyra, New York. (f) No response required. Withdrawn by "Further Stipulation of 3/18/82." (g) See Answers a - e. INTERROGATORY NO. 13 With respect to each asbestos product (all types) referred to in Answer (10) , or which was made available to GD and BSC directly or indirectly, or which was sold to any other defendant, state separately whether you gave any consideration to the possibility of inhalation of asbestos fibers by user of the product. If so: (a) Describe, in detail, the factors considered; (b) Give the date, location and names of parti cipants at each meeting where the matter was discussed or considered? (c) Identify each document recording such con sideration by date, title, file designation, . author and present location. string/ *00 Sfaetf *,4Ca**. OHIO 15 ANSWER NO. 13 (a) See General Objections 1 and 2. There has never been any evidence or reason to believe that Garlock products, upon reasonable use, release asbestos fibers, if any, in suf ficient quantity to pose a health hazard, potential or otherwise, to persons using such products. Garlock denies that use of, or exposure to, its asbestos-containing products pose any health hazard or any significant possibility of inhalation of asbestos fiber; (b) Unknown; (c) Unknown. INTERROGATORY NO. 14 With respect to each asbestos product referred to in Answer (10) , or which was made available to GD or BSC, directly or indirectly, or which was sold to any other defendant, state whether any instructions, operating instructions or warnings were given to purchasers of the product or directed to the users of the product. If so, state separately for each pro duct: (a) The verbatim content of each warning or set of instructions;. 9? 3$aM mimo/ *00 iicn> OHIO (b) The exact date defendant determined to use the warning; (c) The exact date each warning was first used; 16 fCO Jf-anAMsy C%a*oa, OHfO (d) The date defendant contends each of its asbestos products had a warning affixed to it; (e) The name, title and present address of the author of each such warning and/or instruc tions ; (f) Whether the instructions were communicated or delivered to the distributor, and if so, state the name, address and telephone number of the persons who communicated and who received the instructions and the date delivered to the purchaser? (g) Whether the instructions were communicated or delivered to the purchaser, and if so, state the name, address and telephone number of the persons who communicated and who received the instructions and the date delivered to the purchaser? (h) whether the warning and instructions were physically attached to the product itself when sold and/or delivered by you, and if so, the method of attachment? (i) Whether any studies, evaluations or analyses of any potential hazards of your asbestos product were conducted by you prior to your use of each warning and/or instructions. If so, identify the study by date, author. 17 title, and file number and state its present location ? (j) Whether you have a copy of the warning and/or instructions in your possession at the present time, and if so, where it is located. ANSWER NO, 14 (a) (b) (c) (d) (e) <f) (g) (h) Garlock states that all Garlock asbestoscontaining products are exempt from any warning label requirements, however these products have carried warning labels since at least late 1977. A sample of the current label is set forth below: CAUTION Contains Asbestos fibers. Avoid creating dust. Breathing Asbestos dust may cause serious bodily harm. Unknown. Unknown. Late 1977. OSHA Regulations. Attached to product. Attached to product. Yes, sticker. tOO OtHC 18 ( i) No. (j) Yes. Palmyra, New York. INTERROGATORY NO. 15 State whether you have ever considered the effect giv: such warnings referred to in 14, would have on sales of products containing asbestos? If so, please state: (a) The form of the consideration; (b) The date of the consideration; (c) If the consideration occurred at a meeting, the names and present business and home addresses of those attending; (d) The location and identifying codes of any records of such considerations; (e) Whether you considered the effect the warn ing would have on sales of the product; (f) Whether you considered the costs that would : be incurred in preparing and using such ^ label; (g) Whether consideration was given to the effect any particular language used in a warning might have on sales. I ANSWER NO. 15 No . t*' fOC 0ittO 19 INTERROGATORY NO. 16 Did you ever consider the resultant effect on sales of your asbestos products, of the public knowing of health hazards linked or allegedly linked to asbestos? If so, please state: (a) The form of consideration; (b) The date of the consideration; (c) The names of each person who considered the matter; (d) If the consideration occurred at a meeting, the names and present business and home addresses of those attending; (e) The location and identifying codes of all records of such consideration. ANSWER NO. 16 No . INTERROGATORY NO. 17* Have you ever imposed or considered any restriction or limitation on the intended use, frequency of use and/or likely use of the asbestos products (Type 1 and 2 only) referred to in Answer (10), or made available to GD or BSC directly or in directly, or sold to any other defendant? If so, state sepa rately for each product: (As modified by "Understanding of 12/9/81.") (a) The verbatim content of each limitation indicating which product it applied to; tOO S/bemt OtttC (b) The date it was first imposed; 20 (c) The reason for imposing the restriction or limitations; (d) If the reason for the restriction is stated in any document, identify each document by date, author, title and state where it is presently located; (e) The person responsible for imposing the restriction or limitation; (f) If the limitation or restriction was com municated to purchasers of the product, state how this was communicated and if in writing, identify the communication and attach a copy of your answer; (g) If not imposed, state why not. ANSWER NO. 17 Other than service specification limits, no. INTERROGATORY NO. 18 Did you, at any time since 1930, ever consider pro viding any warnings, using any caution label or imposing restrictions on the use of your asbestos products (all types). If so, state separately for each time the matter was con sidered : (a) The form of the consideration; (b) The date of the consideration; >CC Z/ivU OtHO 21 (c) If the consideration occurred at a meeting, the names and present business and home addresses of those attending; (d) The substance of the consideration; (e) The location and identifying codes of any records of such consideration; (f) What language to be used in the label was considered and whether you considered the effect such language would have in: i# providing an adequate warning; ii. depressing sales of the product; g. What were the various sizes of labels that were considered and the substance of the discussion; h. Where the label or warning was to be placed on the product and the substance of any pertinent discussions. ANSWER NO. 18 Yes. See Answers to Interrogatories No. 14 & 17. INTERROGATORY NO. 19 At the time of the development of or at the time of the decision to manufacture or sell each asbestos product listed in Answer (10), or made available to GD or BSC directly or indirectly, or bought from or sold to any other defendant, did you attempt to determine whether the product complied with Autma/ tCO yimt oino 22 any then applicable safety standards, safety orders, regula tions, laws, rules and design requirements of any city, county, state, or the Federal Government of the United States? (a) If the answer is in the negative, please state the reasons for not conducting such an analysis and identify the name of the per sons deciding not to conduct the analysis? (b) If the answer is in the affirmative, identify the safety standards, safety orders, rules, regulations, which you claim you considered, by naming the title, number, page and date of the regulation, and identi fying the place where a copy can be obtained of said regulation. ANSWER NO, 19 Garlock is not aware of any safety standards, safety orders, regulations, laws or rules of any of the entities listed which dealt with any of its asbestos products at the time when those products were developed or at the time of the decision to manufacture or sell these products. A few products were developed to meet the requirements of various Federal Government specifications, especially ones for the military services. For the most part, those specifications were related to material content and performance, and Garlock's products were made to meet the requirements of those specifications. Garlock believes that all of its products are, and have been. fCO Sfaeet 23 - in compliance with federal, state and local regulations. INTERROGATORY NO. 20 At the time of the development of, or at the time of the decision to manufacture or sell, each asbestos product (Type 1 only) listed in Answer (10) , or made available to GD or BSC directly or indirectly or sold to or bought from any other defendant, did you attempt to determine whether the product complied with any applicable safety standards, orders or rules, regulations or design requirements promulgated by any profes sional society or association or government body? (a) If the answer is in the negative, please . state the reasons for not conducting such an analysis and identify the name of the person deciding not to conduct the analysis; (b) If the answer is in the affirmative, iden tify the safety standards, safety orders, rules, regulations, which you claim you considered by naming the title, number, page and date of the regulation, and identifying the place where a copy can be obtained of said regulation. see Nation, 5`2w eifSO ANSWER NO. 20 See Answers to Interrogatories No. 19 and No. 35. INTERROGATORY NO. 21 With respect to each asbestos product (Type 1 only) listed in Answer (10), or made available to GO or BSC directly 24 or indirectly, or which was sold to any other defendant, state whether there has been any change, alteration or modification in the asbestos content of the product, its chemical composi tion, or designs and changes in packaging (hereinafter col lectively called "change") from the time when it was first developed or you began to manufacture or sell it, to the pre sent. If so, state: (a) The nature of each such change; (b) The reason for each such change; (c) The details of how the changed product differed from the original product; (d) The names of each person recommending and/or approving such change; (e) The date each change was accepted by you and made commercially available; (f) Whether there were any studies, evaluations or tests made in connection with such change, and if so, identify each such study by title, date, name of author and present location and custodian. (modified by "Understanding of 12/9/81.") ANSWER NO. 21 (a)-(f) See Response to Nos. 10, 12, and 19. Intro duction, distribution, improvement, modification, and discon tinuance of styles of all kinds has been a continuing process tCC Offto 25 `[--an/ *00 Ot**0 at Garlock for many years. Over the years, Garlock has dis continued the manufacture and sale of numerous styles of asbestos-containing products. The reasons were basically economic in that the market for the particular products was such that manufacture and sale was not profitable. Also, as new and better products have been introduced, older products have become obsolete and, again, unprofitable. Many persons have been involved in cancellation or discontinuance of such styles, but it may generally be stated that the primary respon sibility or impetus came from the personnel directly respon sible for maintaining profitable operat-ions. Many of the changes in its products over the years amount to changes in chemistry. Some of these changes have not been recorded while others have been. Records relating to some of these changes may no longer be in existence. Changes were made for many reasons, including cost reduction, improved performance, or because materials were no longer available. INTERROGATORY NO. 22 Did defendant ever recommend to purchasers or users of the asbestos products listed in Answer (10) , or to GD or BSC, or any other defendant, with respect to asbestos products sold or made available to then, directly, or indirectly, that respirators, protective masks and/or protective clothing be worn while working with, installing or removing the product? If so, state separately for each product: (a) The date or dates when each such recommenda tion was made; ' 26 (b) The date or dates when each such recommenda tion was made to all users? (c) Who made the recommendation? (d) Who received the recommendation? (e) If oral, the manner and substance of the recommendation ? (f) If written, identify the document by title, date, file designation and author of each such recommendation and the location and present custodian of each such recommenda tion . t tMtnnn/ tOO Jfia&lan* OHIO ANSWER NO. 2 2 No. INTERROGATORY NO. 23 Whether or not your company ever made the the recom mendations referred to in Interrogatory 22, state whether you ever considered making such recommendations since 1930. If so state separately for each consideration: (a) The form of the consideration? (b) The date of the consideration? (c) If the consideration occurred at a meeting, the names and present business and home addresses of those attending? <d) The substance of the recommendations dis cussed? 27 If tOO ^KX/xi/t/%, (e) The location and identifying codes of any records of such considerations. ANSWER NO. 23 INTERROGATORY NO. 24 Have you at any time since 1930, sold, delivered or supplied any thermal insulation products (Type 1 only) contain ing asbestos whatever the type, (whether or not classified as an asbestos product by you) to GD or BSC, directly or indi rectly since 1926? (As modified by "Understanding of 12/9/81.") ANSWER NO. 24 . NO . INTERROGATORY NO. 25 If Interrogatory 24 is answered in the affirmative, state for each such sale, delivery, or supply: (a) The date of each sale or delivery; i The invoice number; ii. The purchase order; (b) The generic name of the asbestos product or insulation product; (c) The brand name of the asbestos product or insulation product; (d) The Trade name of the asbestos product or insulation product; 28 - (e) The chemical composition of such asbestos product or insulation product; (f) The mineralogical constituents of each asbestos product or insulation product and the percentage, by weight, of each consti tuent; (g) The quantity of each such sale or delivery; (h) The price paid by GD or BSC for the ship ment? (i) The department and officer or employee at GD or BSC who: 1. Placed the order; 2. Accepted delivery; (k) The department and officer or employee at your company who: 1. Accepted the order? 2. Packaged the order; 3. Shipped the order? 4. Has possession, at the present time, of the records concerning each shipment. ANSWER NO. 25 No response required. See Answer No. 24. INTERROGATORY NO. 26 With regard to each order specified in Answer 25, state whether: /OO SZcuUAn, OHIO 29 (a) You provided GD or BSC with specifications concerning the products sold; (b) GD or BSC provided product specifications to you concerning the products it ordered from you; (c) You provided GD or BSC with any advertising or promotional material or technical infor mation; (d) You provided any instructions concerning the proper use of the material; (e) You provided any warnings regarding the products you sold and/or delivered; (f) You provided any warranties concerning the products. ANSWER NO. 26 No response required. INTERROGATORY NO. 27 If any part of Interrogatory 26 is answered in the affirmative, identify each such document by: (a) Date; (b) Title and identification number; (c) Name of person who prepared it; (d) Name of person who authorized its use; (e) Present location and custodian of the docu ment . fOO Sfoeat OtffO 30 ANSWER NO, 27 No response required.. INTERROGATORY NO. 28 If you performed any acts which altered the asbestos products between the time they came into your possession and the time they were delivered to GD or BSC describe: (a) The form the asbestos products were in when they first came into your possession; (b) What alteration you made to the asbestos product; (c) The reason for the alteration made by you before you shipped the asbestos product to GD. ^euae** 3%aM ANSWER NO. 2 8 . This defendant produces finished products. It does not alter other products. Once the product is finished, it is not altered by this defendant. INTERROGATORY NO. 29 Did you provide any warnings, instructions or infor mation as to the dangers of asbestos inhalation when you sold, shipped, delivered or supplied each order of asbestos products to GD or BSC. If so, for each shipment: (a) Describe in detail each such warning, instruction or information given; (b) State the date of each such warning; ICS x* dcw&M. OlttO 31 (c) State whether such warning, instruction or information was oral or written; (d) If oral, identify the substance of the warning instruction or information given and the date and name of the person at GD or BSC to whom given; (e) If written, or printed attach a copy of each warning, instruction and information, iden tify it by date given, title and reference number and state the manner and location whereby it was transmitted to users of the product. ANSWER NO. 29 See Response to Interrogatory No. 14. INTERROGATORY NO. 30 Specify all correspondence (other than the invoice and purchase orders referred to in Interrogatory (25) between you and GD or BSC by; (a) Document number; (b) Subject matter; (c) Date; (d) Name and title of sender; (e) Name and title of addressee and state where such documents are presently located and the name of the custodian of such documents. too ostto 32 ANSWER NO. 30 No answer required. "Understanding of 12/9/81." Interrogatory withdrawn by INTERROGATORY NO, 31 Has any officer, employee or representative of your company who is a salesman of insulation products or engaged in health, safety or medical affairs, visited the Quincy, Massa chusetts Shipyard of GD or BSC or the Electric Boat Division of GD since 1926. If so, state: (a) The name, address and title of each employee who visited the shipyard; (b) The date of the visit? (c) The purpose of the visit? (d) Who at the Quincy shipyard or the Electric Boat Division of GD he saw and spoke to. (As modified by "Understanding of 12/9/81" and "Magistrate DeGiacomo's Order of 2/16/82.") ANSWER NO. 31 Garlock states that it does not now have nor has it ever had salesmen of insulation products nor have any of its health, safety or medical personnel made any field trips to work sites. nmvtrr/ tOO zBoaIoa* Ott/O INTERROGATORY NO. 32 Have you at any time since 1930 bought from or, sold. delivered or supplied to any other defendant in this action any "asbestos products" (Type 1 only) ? 33 - ANSWER NO, 32 Garlock cannot answer this interrogatory at the pre sent time but will supplement this answer when and if such information becomes available to it. INTERROGATORY NO. 33 If Interrogatory 32 is answered in the affirmative, state for each such sale, and delivery or purchase: (a) The date such products were bought, sup plied, sold and delivered? the invoice number? li. the purchase order number? (b) The generic name of the "asbestos product11? (c) The brand name of the "asbestos product"? (d) The Trademark name of the "asbestos pro duct"? (e) The chemical composition of such "asbestos products"? (f) The mineralogical constituents of such asbestos product and the percentage, by weight, of such constituent? (g) The quantity of each such purchase, sale and delivery? (h) The price paid by the buyer for the ship ment? (i) The invoice and purchase order number of such shipment and any other information required to identify each such document? f0C 34 - (j) The department and officer or employee who placed the order; (k) The department and officer or employee who accepted the order. 'ir 3%aM 'nttnnir/ tOO Motion, OStfO ANSWER NO. 33 (a) See Answer to Interrogatory 32. (b) See Answer to Interrogatory 32. (c) See Answer to Interrogatory 32. (d) See Answer to Interrogatory 32. (e) See Answer to Interrogatory 32. (f) See Answer to Interrogatory 32. (g) See Answer to Interrogatory 32. (h) No answer required. (i) See Answer to Interrogatory 32. (j) See Answer to Interrogatory 32. (k) See Answer to Interrogatory 32. INTERROGATORY NO. 34 With regard to each order of asbestos products (Type 1 only) referred to in Answer 33 state whether: (a) You provided other defendants with speci fications concerning the asbestos products sold; (b) The other defendants provided product speci- - fications to you concerning the asbestos products it ordered from you;s 35 (c) You provided other defendants with any advertising, promotional material or tech nical information; (d) You provided any instructions concerning the proper use of the asbestos material; (e) You provided any warnings regarding the asbestos products you sold and/or delivered regardless of purpose; {f) You provided any warranties concerning the asbestos products; (g) You received any warranties concerning the asbestos products % (As modified by "Further Stipulation of 3/18/82".) ANSWER NO. 34 (a) See Answer to Interrogatory 32. (b) See Answer to Interrogatory 32. (c) See Answer to Interrogatory 32. (d) See Answer to Interrogatory 32. (e) See Answer to Interrogatory 32. (f) See Answer to Interrogatory 32. (g) See Answer to Interrogatory 32. INTERROGATORY NO. 35 Have you ever communicated with an agency or depart ment .of the United States, by any means, concerning the speci 3&M iuioW 'ifo,fu>*cUtan' '00 AAh, J}r\Uc>fu ^6x4*. 0t/40 fications and/or standard for any asbestos product (Type 1 only) or thermal insulation product? If the answer is in the 36 V 3$a/ affirmative, state separately for each product or set of speci fications : (a) identify each such product? (b) The number, if any, assigned to the military or federal specification or standard? (c) The intended purpose or use for the product so specified? (d) The date, time and place of each communica tion : 1. The name of each of your agents or employees who participated in each communication ? 2. The names, titles, and agencies of each individual with whom such communication was had? 3. The subject of the communication; 4. Whether- any notes, minutes or memoranda in any form were recorded of such communication or of any meetings between you and the agency? 5* Whether any documents were submitted to the agency? 6* If (4) or (5) is answered in the affir mative, state the name and location of the custodian of such records. fOO Nation* S OttiO 37 ANSWER NO. 35 Garlock has communicated from time to time with agen cies and departments of the United States Government regarding certain of its asbestos-containing products, but not asbestos- containing thermal insulation products, of which Garlock has never been a manufacturer or seller. See response to No. 24. (a) Gasket and packing material. (b) See Attachment "A". (c) Sealing of fluids. (d) (1-6) Unknown. All correspondence was destroyed in the ordinary course of busi- . ness. INTERROGATORY NO. 36 Since 1926, have you ever directly -participated as an officer or member of the board of directors in a trade associa tion which communicated with an agency or a department of the United States, by any means, concerning the specifications and/or standards for any asbestos product (All Types) or thermal insulation product. If your involvement was limited to attendance at general meetings, no answer is required. If so, state separately for each product or set of specifications: (a) Identify each such product? (b) The number, if any, assigned to the military or federal specification or standard? . (c) The name of the association? (d) The years during which you were a member of tco CiffO or participated in the association? 38  y&z/t fOO &*a*%AJi/*i ykmt cdatfou ,,4cz4*. OtflO (e) The intended purpose or use for the product so specified; (f) The date, time and place of each communica tion : 1. The name of each of your agents or employees and the association repre sentative who participated in each communication; 2. The names, titles, and agencies of each individual with whom such communication was had; 3. The subject of the communication; 4. Whether any notes, minutes or memoranda in any form were recorded of such communication or of any meetings between you and the agency; 5. Whether any documents were submitted to the agency; 6. If (4) or (5) is answered in the affir mative, state the name and location of the custodian of such records; (g) The date, time and place of trade organiza tion meetings at which such communications were discussed; 1. The name and location of the custodian of the notes, minutes, or memoranda of such meetings; , 39 2. The identifying classification of such notes, minutes or memoranda, (As modified by "Understanding of 12/9/81.") ANSWER MO. 36 Garlock does not know whether any trade association to which it has belonged communicated with the United States Government regarding specifications for asbestos products or thermal insulation products. (See General Objection No. 1.) INTERROGATORY NO. 37 Were any of the products (Types 1 and 2 only) sold by you since 1926 to private persons or companies (i.e., non military or non-governmental contractor sales) the same pro ducts you sold pursuant to military or federal specifications? If so, please state: (a) Your name or designation for the product? (b) The applicable military or federal speci fication . (As modified by "Understanding of 12/9/81.") ANSWER NO. 37 Yes. (a) (b) See Answer to Interrogatory No. 35. See Answer to Interrogatory No. 35. OHIO 40 - INTERROGATORY' NO. 33 If any part of Interrogatories 34, 35, 36 or 37 is answered in the affirmative, identify each pertinent document by: (a) Date; (b) Title and identification number; (c) Name of person who prepared it; (d) Name of person who authorized its use; (e) Present location and custodian of the docu ment . ANSWER NO. 39 See Answers to Interrogatories No. 2, 35. INTERROGATORY NO . 39 1 If you performed any acts which altered the asbestos products between the time they came into your possession and the time they were delivered to any other defendant, describe: (a) The form the asbestos products were in when they first came into your possession; (b) What alteration you made to the asbestos products; (c) The reason for the alteration made by you before you shipped the asbestos product to any other defendant. rskutvtn/ 100 OSflO ANSWER NO. 39 No. See Answer to Interrogatory No 28. 41 INTERROGATORY NO. 40 Did you give any warning, instructions, or information as to the dangers of asbestos inhalation when you sold, shipped, or delivered each order of asbestos products (all Types) to any other defendant? if so, for each shipment state: (a) Describe in detail each such warning, instruction or information given; (b) State whether such warnings, instruction or information was oral or written; (c) If oral, identify the substance of the warning, instruction or information given and the date and name of the person to whom given by other defendants; (d) If written, attach a copy of each warning, instruction and information, identify it by date given, title and reference number and state the manner and location whereby it was transmitted to users of the product. v y&i ANSWER NO. 40 See Answer to Interrogatory Nos. 14, 32 and 51. INTERROGATORY NO. 41 Did you receive any warning, instructions, or infor mation as to the dangers of asbestos inhalation when you pur chased, or accepted each order of asbestos products (All Types) from any other defendant? If so, for each order state: iOO Sfa*al *s46j** OSftO 42 (a) Describe in detail each such warning, instruction or information received? (b) State whether such warnings, instruction or information was oral or written? (c) If oral, identify the substance of the warning, instruction or information received and the date and the name and company of the person from whom received? (a) If written, attach a copy of each warning, instruction and information, identify it by date given, title and reference number and state the manner and location whereby it was transmitted to you. fe,w(v\ad tOO OiHO ANSWER NO. 41 The defendant did not and does not purchase asbestos products from other defendants. INTERROGATORY NO. 42 Have you ever provided a warning directly to workers at the Quincy Shipyard concerning the danger of exposure to asbestos inhalation as a result of use of your asbestos pro ducts (All Types)? If so: (a) State the date of each such direct warning? (b) Identify the name of your employee who provided the direct warning? (c) Identify the employee who determined to provide a warning? . 43 j i! (d) If the warning was in writing, identify each document containing the warning and state the content of each warning; (e) If the warning was oral, state the substance of the warning, where given, and the names of the Quincy Shipyard employees to whom it was given ICO Nation* Sfaeel CifiC ANSWER NO. 4 2 See Answer to Interrogatory No. 14. No. There is no such danger. INTERROGATORY NO. 43 Has your company had, as part of its processing, distribution and sales of asbestos materials and products, a system of inspections? (a) If not, please state the reason and the facts underlying the reason for not having such a system, and give the names, present addresses and telephone numbers of the person responsible on behalf of your company for making such a decision not to have such a system; (b) If the answer is in the affirmative, state: 1. When the system was initiated; 2, Who was responsible for initiating and overseeing the system; 3. Describe the system used 44 - 4. If there are any documents describing the inspection system, identify each such document. ANSWER NO 43 Yes. (a) Not applicable* (b) 1.-4. Garlock has always maintained a Quality Control Department to ensure that its products conform to its own and/or its customers' specifications. Beyond that, where government orders are involved, government inspectors have frequently visited the Garlock facilities to ensure that the materials supplied conform to the government requirements. Quite often those requirements are spelled out in the purchase order or contract which is executed prior to acceptance and initiation of the order. INTERROGATORY NO. 44 Were the asbestos materials and products (All Types) sold, distributed to GD or BSC, directly or indirectly, subject to such a system of inspection? If so, describe the inspection system used generally (As modified by "Understanding of 12/9/81.") jtfaM 'iSotfiota/ki/v *00 OHfO 45 ANSWER NO, 4 4 Yes. See Answer to Interrogatory No. 43(b). INTERROGATORY NO. 45 Please state for each inspection of material (All Types) sold, distributed or delivered to GD or BSC: (a) The stage of the production, processing and packing of the asbestos material when such inspections were performed; (b) The name, present title and present address of the persons responsible for each and every such inspection; (c) The present location of all notes and records for each such inspection. (As modified by "Understanding 12/9/81.") ANSWER NO. 45 (a)-(b) No response needed. Withdrawn by "Under standing of 12/9/81.") (c) If such documents exist they would be located in Palmyra or Sodus, N.Y. or Gastonia, N.C. INTERROGATORY NO. 46 State whether any such asbestos products were rejected during the inspection process. If so, state what the reasons were- for any such rejection. . tOO JBcvla*, OtttO 46 ANSWER NO. 46 No response needed. Withdrawn by "Understanding of 12/9/81." INTERROGATORY NO, 47 State whether any subsequent corrections, changes or modifications were made in your procedures as a result of a rejection made during the inspection of asbestos products or materials sold and/or distributed to GD or BSC? ANSWER NO. 47 No response needed. Withdrawn by "Understanding of 12/9/81." INTERROGATORY NO. 48 Identify all records of inspections and state the name, present address and telephone number of the custodian of such records, including notations or corrections to be made and whether or not the corrections were made. (a) If the answer to the foregoing interrogatory is that all records of such inspections and corrections were oral communications, state the date, name of the person making the oral communication and the subject matter of each such communication. ANSWER NO. 48 No response needed Withdrawn by "Agreement of 12/9/81." *00 3?*is*jUuv cfotmi 33aUoit, OtHO 47 - 100 wS&u*. OHIO INTERROGATORY NO. 49 State whether the products sold, delivered or supplied to GD or BSC were subject to a system of United States govern ment inspections ("GSI"). If so: (a) Identify all documents describing or estab lishing such a system of inspection; (b) Identify all records of such inspections. ANSWER NO. 49 Yes. (a) See Answer to Interrogatories No. 43(b) and 45(c) . . (b) See Answer to Interrogatories No. 43(b) and 45(c) . INTERROGATORY NO. 50 State whether the asbestos products (Type 1 only) listed in Answer (10), or made available to GD or BSC or sold to any defendant, were the subject of any type of advertise ment, regardless of media, issued in behalf of your company since 1926. If so, state for each product: (a) The subject matter of the advertisement; (b) The media in which the advertisement was placed? (c) When the advertisement(s) was so placed? (d) The geographic area(s) the advertisement was ' used in? (e) Whether any photographs or diagrams were included in the copy of the advertisement? 48 100 iSoAOtf10 INTERROGATORY NO. 49 State whether the products sold, delivered or supplied to GD or BSC were subject to a system of United States govern ment inspections ("GSI"). If so: (a) Identify all documents describing or estab lishing such a system of inspection; (b) Identify all records of such inspections. ANSWER NO. 49 Yes . (a) See Answer to Interrogatories No. 43(b) and 45(c) . . (b) See Answer to interrogatories No. 43(b) and 45(c) . INTERROGATORY NO. 50 State whether the asbestos products (Type 1 only) listed in Answer (10), or made available to GD or BSC or sold to any defendant, were the subject of any type of advertise ment, regardless of media, issued in behalf of your company since 1926. If so, state for each product: (a) The subject matter of the advertisement; (b) The media in which the advertisement was placed; (c) When the advertisement(s) was so placed; (d) The geographic area(s) the advertisement was used in; (e) Whether any photographs or diagrams were included in the copy of the advertisement; 48 (f) Identify the advertisement by author, date, and present location and custodian, attach . copies of all advertisements and state exactly where the advertisement was pub lished, broadcast or made public; (g) Was anyone, besides you, involved in the preparation of the copy for the advertise ment, and if so, state such other name and address (As modified by "Understanding of 12/9/81.") ANSWER NO. 50 Yes . (a) (b) (c) (d) (e) (f) (g) Garlock products. Brochures, periodical advertising, newspape advertising Periodically over the past seventy-five years Unknown. Yes. Unknown. Current custodians, Mrs. Gay M. Harboe-Pollock and Joan S. Clement, Palmyra New York. Unknown. ICO $$*** CZ110 49 - INTERROGATORY NO. 51 State whether any brochures, writings, or other mate rials, written or photographic, were made available to distri butors, ultimate users or the general public concerning the design, manufacture, distribution, selling, use, and/or quality and properties of the asbestos product (Type 1 only) referred to in Answer (10) or made available to GD or BSC directly or indirectly. If so, for each such brochure or other material: (a) State the purpose of the brochure and mate rial? (b) State when the material was accepted on behalf of the company for general distri bution; (c) Give the name, present address, telephone number of the person responsible for the preparation and acceptance of the material for general distribution on behalf of the company? (d) Identify the brochure or material by author, date and present location and custodian, and attach copies of each? (e) Please attach a copy of the applicable aforementioned material to your answers. (As modified by "Understanding of 12/9/81."} <buanal "&ejfto*aan- tOO j?*a/\jUtA' ^-<W J8o44b*u OiltO 50 ANSWER NO. 51 See Answer to interrogatory No. 40. Garlock uses a variety of media for its advertising, including direct litera ture, periodicals and newspapers. (a) Advertisement. (b) Unknown. (c) See Answer to Interrogatory No. 50(f). (d) See Answer to Interrogatory No. 50(f). (e) Objection. Unduly burdensome. Irrelevant until plaintiff claims exposure to a par ticular product. INTERROGATORY NO. 52 Have you stopped producing, distributing and/or sell ing any of the asbestos products (Type 1 only) listed in Answer (10) orwhich had been made available to GD or BSC or which were sold to anyother defendant? If so, state: (a) The reason you stopped? (b) When you stopped? (c) Who authorized or directed the stopping? (d) Whether any studies were conducted before you directed that production and sale be stopped and if so, identify each study by date, author, title and subject matter and attach a copy. .iAocmal too omc 51 tOO asviAn. onto ANSWER NO. 5 2 See Answer to Interrogatories No. 10 and 21. Intro duction, distribution, modification, improvement, and discon tinuance of styles of all kinds has been a continuing process at Garlock for many years. Over the years Garlock has dis continued the manufacture and sale of numerous styles of asbestos-containing products. The reasons were basically economic in that the market for the particular products was such that manufacture and sale was not profitable. Also, as new and better products have been introduced, older products have become obsolete and, again, unprofitable. Many persons have been involved in cancellation or discontinuance of such styles, but it may generally be stated that the primary respon sibility or impetus came from the personnel directly respon sible for maintaining profitable operations. INTERROGATORY NO. 53 If your company manufactures or manufactured any insulating products which are used by insulation workers and which contain or contained asbestos, please describe how the following types of products actually shipped into GD and BSC are cut, shaped, mixed and applied on the jobs: (a) Asbestos cement mixes; (b) Asbestos pipe covering? (c) Asbestos bricks or blocks? (d) Asbestos sheeting ? (e) Asbestos insulation used to protect against extremes of heat as well as cold; 52 (f) Asbestos insulation in loose form which may be blown into homes or buildings; (g) Asbestos applied in spray form;. (h) Asbestos tape, cloth or yarn; (i) Asbestos felt or blanket. giving particular reference as to whether or not the materials have to be sawed or cut on the job, blown into confined areas, or mixed with water into a cement or paste. (As modified by "Understanding of 12/9/81.") ANSWER NO. 53 (a)-(e), (h)-(i) Garlock does not manufacture and has not manufactured any insulating products commonly used by insulation workers and which contain or contained asbestos. (f)-(g) No response required. Withdrawn by "Understanding of 12/9/81." INTERROGATORY NO. 54 Please state if there is any way known to you that the products listed in question 53(a)-(i) can be used, applied or installed without the worker involved inhaling any asbestos dust or fibers? ANSWER NO. 54 Not applicable, see Answer No. 53 (a)-(e) and (h)-(i). .MufvxcU too omo 53 INTERROGATORY NO. 55 Is it possible to distinguish the asbestos products listed by you in Answer (10), or made available to GD or BSC directly or indirectly, from those manufactured or distributed by a competitor? (a) if the answer is "yes", please describe how you contend your product can be distin guished and identify the products by trade and Generic name. (b) if there are products which cannot be, in your opinion, distinguished from products of a similar kind manufactured by a competitor, please state the name of such similar pro duct, who manufactures it, as well as the trade name of the product manufacturer by your competitor. tCO ksMom* OiflO ANSWER NO. 55 The ability to distinguish Garlock's asbestos- containing products depends on the particular Garlock product in question and on the degree of expertise of the person seek ing to make the distinction. INTERROGATORY NO. 56 Do you have knowledge that there are health hazards associated with the use and/or fabrication of asbestoscontaining products; state the extent and of such information. (As modified by "Further Stipulation of 3/18/82.") 54 ANSWER NO. 56 The Garlock products at issue contain only asbestos fibers which are thoroughly bonded, coated or otherwise retained so as to prevent the release of aiborne fibers in the course of any reasonably foreseeable use. There has never been any evidence or reason to believe that Garlock products, upon reasonable use, release asbestos fibers in sufficient quantity to pose a health hazard, potential or otherwise, to persons using such products. Garlock denies that use of, or exposure to, its asbestos-containing products pose any health hazard. INTERROGATORY NO. 57 Does your company have knowledge that: (a) Asbestos causes asbestosis?; ' (b) Asbestos exposure leads to an individual contracting asbestosis?; (c) There is a correlation between exposure to asbestos and the occurrence of asbestosis? (As modified by "Further Stipulation of 3/18/82.") V >&z/l ) fAninna/ fOO Sfoetf OHIO ANSWER NO. 57 Garlock is aware that some experts have maintained that large quantities of asbestos might possibly cause some forms of disease when an individual is subjected to exposure to large quantities in a confined area over a long period of time. Garlock further believes that the prevailing view in the med ical community is that small quantities of asbestos are not 55 dangerous to human beings, particularly when exposure to asbes tos is on a casual basis and not in a confined area. Garlock's products, upon reasonable uset do not release asbestos fibers, if any, in sufficient quantity to pose a health hazard, poten tial or otherwise, to persons using such products. Garlock states that this Interrogatory otherwise calls for a medical opinion that it is not qualified to give. INTERROGATORY MO. 58 With regard to any part of question 53 (sic): (a) If your answer to any subpart is "Yes", what is that knowledge; (b) If your answer is "No", explain the basis for this answer and/or why no studies were made by your company to learn these facts , and so to thereafter advise those exposed, of the dangers. (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 58 (a) No response required. See Answer No. 53. (b) No response required, as modified by "Futher Stipulation of 3/18/82." INTERROGATORY NO. 59 Does your company have knowledge that: - (a) Asbestos causes lung cancer; yiatirvur/ <~f^ny$nmTi/riiif /GO cfbmt GUtO 56 (b) There is a correlation between asbestos exposure and the occurrence of lung cancer (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 59 See Answer to Interrogtory No. 57. INTERROGATORY NO. 60 With regard to any part of question 59: (a) If your answer to any subpart is "Yes", what that knowledge is; ' (b) If your answer is "No", explain the basis for this answer and/or why no studies were made by your company to ascertain this fac and thereafter to take action to advise those exposed to your products of their dangerous nature. (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 60 (a) See Answer to Interrogatory No. 57. (b) No response required. As modified by "Further Stipulation of 3/18/82." INTERROGATORY NO. 61 Does your company have knowledge that there is a connection between the inhalation of asbestos dust and fibers tCO 57 - and the disease mesothelioma? If your answer is "Yes," state what that knowledge is? (As modified by "Further Stipulation of 3/18/82.") ANSWER HO. 61 See Answer to Interrogatory No. 57. INTERROGATORY NO, 62 Does your company have knowledge that there is a connection between inhalation or ingestion of asbestos dust and fibers and diseases of the lungs other than asbestosis, mesothelioma or lung cancer? If your answer is "Yes," state what that knowledge is. (As modified by Further Stipulation of 3/18/82.") ANSWER NO. 62 See answer to interrogatory No. 57. INTERROGATORY NO. 63 Does your company have knowledge that a portion of inhaled asbestos fibers persist in the lungs unimpaired after being inhaled into the human body and do not eventually dis sipate? (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 63 Garlock has no independent personal knowledge of this matter and further states that it calls for a medical opinion '^riyifwvT/fhn that Garlock is not qualified to give and may well depend upon fOO OiftO 58 a number of unexpressed variable factors such as the type of asbestos fibers involved and, therefore, no answer can be given to this interrogatory. INTERROGATORY NO. 64 Does your company have knowledge that once asbestos fibers or dust are inhaled into the lungs of a person, there is no way to eliminate a portion of such dust or fibers from the lungs for the balance of such person's life? (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 64 See Answer to Interrogatory No. 63. INTERROGATORY NO. 65 . Does your company have knowledge that the symptoms of asbestosis and other asbestos-induced lung diseases or cancers may not manifest themselves until many years after the asbestos was inhaled into the body? (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 65 See Answer to Interrogatory No. 63. INTERROGATORY NO. 66 Do you have knowledge that prolonged use of the asbes tos material listed in Answer (10) can cause or contribute to various occupational diseases, including asbetosis, . mesothelioma, cancer and other lung and respiratory diseases? 100 Sfo&eO (As modified by "Further Stipulation of 3/18/82.") 02110 59 ANSWER NO. 66 Garlock states that there has never been any evidence or reason to believe that Garlock products, upon reasonable use, release asbestos fibers, if any, in sufficient quantity to pose a health hazard, potential or otherwise, to persons using such products. Garlock denies that use of, or exposure to, its asbestos-containing products pose any health hazard. INTERROGATORY NO. 67 Do you have knowledge that the use of asbestos insu lating products listed in Answer (10) are dangerous and harmful to human health? If your answer to this question is "Yes", what is that knowledge? (As modified by "Further Stipulation of 3/18/82.") If your answer is that your products are not harmful then explain what facts and tests were made upon which you base such conclusion. (As modified by "Further Stipulation of 3/18/82.") &/ ANSWER NO. 67 No asbestos insulation products were listed in Answer (10). Garlock states that there has never been any evidence or reason to believe that Garlock products, upon reasonable use, release asbestos fibers, if any, in sufficient quantity to pose i a health hazard, potential or otherwise, to persons using such products. Garlock denies that use of, or exposure to, its asbestos-containing products pose any health hazard. fCC zSfytin*, Sfaeat CtttO 60 INTERROGATORY NO. .6 8 Do you have knowledge that the possibility of exposure to asbestos dust and fibers extends not only to workers actu ally handling the asbestos products but also to: (a) Other workers in the area where the asbestos products are being used; (b) Members of the families of workers. (As modified by "Further Stipulation of 3/18/82.") "^cuoe*>i, to/ fOO OiffC ANSWER NO. 68 There has never been any evidence or reason to believe that Garlock products, upon reasonable use, release asbestos fibers, if any, in sufficient quantity to pose a health hazard, potential or otherwise, to persons using such products. Garlock denies that use of, or exposure to, its asbestoscontaining products pose any health hazard. INTERROGATORY NO. 69 If your answer to Interrogatory No. 68(a) is "No," state whether you are have knowledge with the testimony of Dr. William H. Steward, former Surgeon-General of the United States before the House Labor Committee that probably three and onehalf million construction workers are being exposed to asbestos dust in addition to those workers actually handling the mate rials containing asbestos? (As modified by "Further Stipulation of 3/18/82.") 61 If fOO ANSWER NO. 69 No . INTERROGATORY NO. 70 State whether you have knowledge of any deaths or cases of lung disease or lung impairment among your employees which are or may be attributable to the inhalation of asbestos dust or fibers. If so, please give the number, the name and address of such employees, the dates of receipts of the work men's compensation claims giving notice of any such deaths, disease or impairments, and reports if any, of occupational disease furnished to the Industrial Commission of the relevant states and attach copies of the latter. (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 70 WORKMEN'S COMPENSATION CLAIMS Involving Possible Asbestosis and/or Pulmonary Problems Date of Claim Diagnosis Baylord, Grace 11/14/57 Pulmonary Fibrosis, Pulmonary Asbestosis Bacon, Clara 1/20/71 Asbestosis Bohner, Elsie 6/7/73 Secondary Asbestosis Beadle, Harold 9/22/7 5 Metastatic Carcinomatosis Gross, William 5/22/79 (Un known) Brown, Harold 2/26/8 0 Honore, Martin D. 3/13/80 First-Bronchitis due to asbestos inhalation. Later, no evidence of asbestosis. Thickened Pleura 62 imwih/ /co w&d*i. Ot/tO DiStefano, Angelo Bills, Arthur 4/11/80 6/4/82 (Unknown) Asbestosis, Pulmonary Fibrosis Spencer, Lester No Claim Made "Lung Impairment" INTERROGATORY NO. 71 Have you ever, as a part of your business, had a division or unit which installed insulation materials on a contract by contract basis. (hereinafter "contract units"). If so state: (a) Where each contract unit was based; (b) The name of the managers of each contract unit since 1930; (c) Whether rules, regulations and/or work practices existed which were to be followed by employees in each such contract unit; (d) Were employees in these contract units ever required to wear respirators. If so please state: i . whether the requirement was by written regulation or oral direction; i i . the names of the people in your firm originating such a requirement and/or in charge of enforcing it; iii . the date the requirement was imposed for the first time; (e) Have former employees of your contract units ever filed workmen's compensation claims due 63 to lung oc coronary illness. If so, for each such claim, state: i. the date, jurisdiction and docket number ; ii. the illness or disease claimed; iii. the resolution of the claim; iv. the names of the co-respondents. ANSWER NO. 71 NO . INTERROGATORY NO. 72 Have you ever employed any steam plant operators or boiler repair workers. If so, state: (a) Whether there existed rules, regulations and/or work practices which were to be followed by such employees; (b) Were such employees ever required to wear respirators. If so, please state: i. whether the requirement was by written regulation or oral direction; . ' ii. the names of the people in your firm originating such a requirement and/or in charge of enforcing it; iii. the date the requirement was imposed . for the first time. wfui/ *lfajyha+aAan. tOO ^-tvf 'flni&n* OttfO (c) Have such former employees ever filed work men's compensation claims due to lung or 64 - coronary illness. If so, for each such claim, state: i. the date, jurisdiction and docket number; ii. the resolution of the claim; iii. the names of the corespondents. ANSWER NO. 72 Yes. (a) Yes. (b) No . (c) No re: lung illness. Unknown re: coronary illness. INTERROGATORY NO. 73 Do you have any statistical data showing the number o your employees who have been exposed to asbestos dust and fibers for more for more than ten years who have asbestosrelated cancer, lung disease or lung impairment? If so, iden tify the date and provide the figures. />0 JSo^Cofu OHIO ANSWER NO. 73 NO . INTERROGATORY NO. 74 Have you ever considered preparing a statistical analysis of the type referred to in Interrogatory 73. If so, for each occasion when such consideration was given, state: (a) The form of the consideration? 65 (b) The date of the consideration; (c) The action taken; (d) If the consideration occurred at a meeting, the names and present business and home addresses of those attending; (e) The location of any records of such con s id erations. ANSWER MO, 74 No . INTERROGATORY NO . 7 5 List all the companies which have carried your Work men's Compensation insurance since 1930. if 'itAiosur/ fOO i dSadaA* OH/O ANSWER NO. 75 WORKMEN'S COMPENSATION INSURANCE CARRIERS 1930 to Present DATES CARRIER 1925-1931 The Travelers Life Insurance Company 1932-1940 Liberty Mutual Insurance Company 1941-1945 Lumbermen's Mutual Casualty Co. 1946-March 1, 1976 Employers Mutual of Wausau March 1, 1976April 25, 1976 Aetna Life & Casualty Insurance April 26, 1976Current Lavarack & Haines (At this time, Garlock became self-insured and L&H became Garlock's representative). 66 FOOTNOTES: 1. Prior to 1976, we presume that coverage changed on January 1. 2. We have located no record from 1959 through 1970 and for the moment are assuming that Snployers of Wausau were continuous through that period. INTERROGATORY NO. 76 Have any workmen's compensation claims based on asbes- tosis, asbestos-induced diseases, or lung diseases been filed against you. If so, for each claim state: (a) The date filed; (b) When and where the claims were filed? (c) The reference numbers of all claims filed? (d) The outcome of the claims. .iAWia/ ANSWER NO. 76 WORKMEN'S COMPENSATION CLAIMS Involving Possible Asbestosis and/or Pulmonary Problems Date of Claim Diagnosis Baylord, Grace 11/14/57 pulmonary Fibrosis, Pulmonary Asbestosis Bacon , Clara Bohner, Elsie 1/20/71 6/7/73 Asbestosis Secondary Asbestosis Beadle, Harold t- 9/22/15 Metastatic Carcinomatosis Disposition $ 2,400. $18,852 No Payment No payment ClffO - 67 - Gross, William Brown, Harold 5/22/79 2/26/80 Honore, Martin D. DiStefano, Angelo Bills, Arthur 3/13/80 4/11/80 6/4/82 (On known) Case Pending First-Bronchi No Payment tis due to asbestos inhala tion . Later, no evidence of asbestosis. Thickened Pleura Case Pending (On known) $25,000 Asbestosis, Pulmonary Fibrosis Case Pendig -^Qu*e*4' V 3$a/l inn/ia/ tC 3?*asuin, &** CZ110 INTERROGATORY NO. 77 When did you learn for the first time of a diagnosed case of asbestosis, lung cancer, mesothelioma, or gastro intestinal cancer associated with asbestos exposure; (a) Among your own employees or former employ ees ; (b) Involving users of asbestos insulation products; (c) Involving users of asbestos products manu factured, sold or distributed by you; (d) Involving members of families of workers using your product; (e) Involving members of the families of your employees or former employees. 68 ANSWER NO. 77 (a) 1958 (b) During discovery incidental to pending asbestos litigation in 1976 or 1977. (c) None; (d) None; (e) None. INTERROGATORY NO. 78 Have you ever been named as a defendant in any other action in which damages were sought for personal injuries, sickness or death, as a result of use of your asbestos pro ducts? If so, state: (a) What products were involved; (b) The name of the court, the docket number and each party to the lawsuit; (c) The date the action was filed; (d) The judgment that was rendered in the action; (e) The date set for trial of any action not yet concluded? (f) State the terms by which any settlement was arrived at and the disposition of only such aforementioned legal action. d- tOO OiflO ANSWER NO. 78 No response needed 12/9/81." Withdrawn by "Understanding of 69 -  fOO dfiaUafu ^-rai/ OHIO INTERROGATORY NO. 79 Have you ever conducted or financed any inspection. or made any dust count of areas of GD or BSC or at other facilities where workers used asbestos products manufactured by your company? (a) if you have not, explain why this was not done; (b) If you have, explain what action, if any, was taken by your company following the inspection or the taking of dust counts at any of the locations referred to above. Also, please give the date and place, if any, that your company first started making such dust counts, and set forth in detail the dates and places this has been done since, and the results of such tests; (c) Identify each report of a test identified in (b) ; (d) Whether or not you have conducted such studies, state whether you ever considered doing so and for each such occasion when such consideration was given, state: 1 the form of the consideration; ii the date of the consideration; iii. if the consideration ocourred at a meeting, the names and present business and home addresses of those attending; 70 iv. the location of any records of such cons iderations. ANSWER NO. 79 (a) Garlock states that, through continuous investigation, observation, experience and study of its products and their use, Garlock learned and knew that its products posed no health hazard, potential or otherwise, to persons using such products; (b) No response required; (c) No response required; (d) No . ' INTERROGATORY NO. 30 Have you ever conducted or financed any studies of the dust levels of asbestos produced when your asbestos products are used, installed or removed from a prior installation? (a) Whether or not you have conducted such studies state whether you ever considered doing so and for each such occasion when such consideration was given, state; (b) The date of each such consideration; ii i (c) The form of the consideration; (d) The date of the consideration; (e) The result of the consideration; *00 jSatlan, Sfamt021*0 71 (f) If the consideration occurred at a meeting, the names and present business and home addresses of those attending; (g) The location of any records of such consid erations . ANSWER NO, 80 (a)-(g) Garlock states that, through continuous investigation, observation, experience and study of its products and their use, Garlock learned and knew that its products posed no health hazard, potential or otherwise, to persons using such products. INTERROGATORY NO. 81 Have you ever monitored dust levels in your own plants? If so, when and where did you first begin monitoring of asbestos dust levels in your own plant and manufacturing facilities and for each subsequent facility monitored, state when you first began such dust monitoring. ftutcina/ *CO cSo4JCaf%H S&mt CtlfO ANSWER NO. 81 Yes. In the 1950's as required by State and Federal regulation. INTERROGATORY NO. 82 . State whether you ever considered monitoring dust levels and for each such occasion when such consideration was given, state: 72 (a) The form of the consideration; (b) The date of the consideration; (c) If the consideration occurred at a meeting, the names and present business and home addresses of those attending; (d) The location of any records of such con siderations . ANSWER NO. 82 (no answer required at this time - disputed inter rogatory) INTERROGATORY NO. 83 Was the monitoring of dust levels required by any Government regulation or rule of any government, agency, or insurance company? If so, state the substance of the rule, the course imposing it and the date it was first imposed* ANSWER NO. 33 Garlock objects to this interrogatory because it is unduly burdensome, does not call for the furnishing of relevant evidence, is not reasonably calculated to lead to the discovery of relevant evidence, and calls for a conclusion of law. Answering further, this is a matter of public information and not something uniquely within the knowledge of Garlock. /CO -Jpecuyjk/irt. frfrrtt Off/C 73 INTERROGATORY NO. 84 If Interrogatories 79 or 80 and/or 81 are answered in the affirmative please state, for each dust measurement or set of measurements: (a) Whether a log book was kept of the samples taken; (b) The location, custodian and identifying information for each report or analysis of the measurements; (c) The location, custodian and identifying information for the raw data of the measure ments ; (d) The persons responsible for supervising such measurements and their present addresses, if known ^GtoexAt "if 3%aM tOO J**&>*. OtttO ANSWER NO. 84 (a) Yes. (b) , (c) Richard Watson, Garlock Inc., Palymra, New York. (d) Lloyd Green, Chief Plant Engineer, Palmyra, New York. INTERROGATORY NO. 85 State what technique(s) if any, do you use or have you used- in the past to make dust level measurements, explaining the technique, when it was commenced, what the purpose was and 74 what action has been taken in response to the findings as to the dust samples. ANSWER NO. 85 Dust level measurements at Garlock's textile opera tions were made by the Impinger Technique from inception until 1972. Thereafter, the Phase Contrast Technique has been used. Dust measurements were made in order to ensure compliance with government regulations and whenever excessive dust levels were found, measures were taken %o get the a*ust down to permissible levels. When permissible dust levels were reduced in 1972, a study was undertaken and it was ultimately determined that it would not be economically practical, if technically feasible, to get Garlock's equipment into conformance due to its type and age. Accordingly, the asbestos textile operations in Palmyra were terminated. INTERROGATORY NO. 86 State whether from 1930 to date you have promulgated any rules, written or oral, for the handling of asbestos pro ducts by your own employees? If so, state: (a) When each such rules were promulgated; (b) The substance of the rules, if oral, and the name, address and title of the person who disseminated them? '^OAaeJU' 'tf f.uuttrui/ 100 finn 02/10 (c) If in writing, either attach a copy of the rules or identify the written rules by date. 75 title, identification number, present loca tion and the name and address of the custodian therof; (d) Whether any such material was provided to GD or BSC or to any defendant and, if so, when and to whom. ANSWER NO. 86 No'. INTERROGATORY NO. 87 * * Have any of your employees been reassigned to other duties because of pulmonary or coronary health problems. If so, please state for each such reassignment: (a) The age.of the employee at the time of reassignment; (b) The date of the reassignment; (c) The job prior to reassignment; (d) The job after reassignment; (e) The reason for such reassignment; (f) The associated health problem. If ff&z/l ritiicrta/ tCP &*an6Ar C!HO ANSWER NO. 87 As far as coronary health probelms are concerned, Garlock does not have any statistical compilation concerning reassignments. Relative to pulmonary health problems, Grace Baylord, Clara Bacon, Elsie Bohner, Harold Beadle, and Lester Spencer were transferred after they were diagnosed as having 76 signs of asbestosis or other pulmonary problems. Garlock has no information on specific job titles and dates of reassignment nor employee age at the time of reassignment. However, each of the five was apparently involved initially in a job which would have exposed them to asbestos dust and they were ultimately transferred to a job which did not expose them to such dust in order to avoid any chance of further aggravation of their diagnosed pulmonary problems. INTERROGATORY NO. 88 State the names an& addresses *of all professional, trade, industrial and safety, hygiene, or health associations and research foundations or organizations you have been a member of since 1930 indicating: (a) The date you first joined; (b) The date, if any, your membership termi nated ; (c) The names of your employees who attended meetings and the dates and designations of such meetings. rtf y&i/i ANSWER NO. 88 Garlock states that it has been a member of the fol lowing organizations for the periods indicated below: Fluid Sealing Association (formerly Mechanical Packing Association) . 2017 Walnut Street Philadelphia, PA 19103 fOO *.#04+. Oft10 77 (1933 to Present) Asbestos Textile Institute, Inc. P.0. Box 471 North York Road Willowgrove, PA 19090 (approximately 1966 to approximately 1979) Asbestos Information Association of North America 1975 K Street Washington, D. C. 20006 (approximately 1974- 1980) American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 (1945 to present) INTERROGATORY NO. 89 * * State the names and addresses of any organizations to which you have belonged since 1930 having anything to do with the setting of standards, regulations, information, lobbying, research, engineering, or use of asbestos products, materials, or fibers. For each organization please state: (a) The date you joined; (b) The date, if any, your membership termi nated? (c) The names of your employees who attended meetings and the dates and designations of such meetings. ANSWER NO. 89 Aside from those groups listed in response to Inter rogatory No. 88, Garlock has no knowledge of membership in any other groups having an interest in any of the areas mentioned. ICC OittC 78 INTERROGATORY NO. 90 Do you maintain a library dealing with industrial hygiene, medicine, safety and/or engineering? If so, state: (a) The date you established the library; (b) The location of the library; (c) The name or names of the librarian(s) since 1930? (d) All journals subscribed to by you concerning asbestos, industrial hygiene, medicine, safety aSd/or engineering. (e) All books and articles dealing with asbestos and asbestos-related diseases and the date acquired. ' ANSWER NO. 90 Garlock has for many years maintained an engineering or technical library. No record exists as to the date when such a library was first established. The library has been in a variety of locations in Palmyra, New York. Various persons have performed whatever librarian function was necessary. From time to time Garlock has subscribed to many engineering and industrial journals and magazines. No comprehensive listing of these publications is available nor does Garlock have informa tion as to when these publications were acquired. tuAtarujf 100 zBotfcu - Sfamt OZttO 79 INTERROGATORY NO. 91 Have you, at any time since 1930, maintained any office or department dealing with medical research related to asbestos exposure? If so, state: (a) The name of such department; (b) The location of such department; (c) The name, address and title of each person who has been in charge of the department. (As modified by "Understanding of 12/9/81.") %* ANSWER NO. 91 NO . INTERROGATORY NO. 92 When was the first time you hired a "medical direc tor"? Please state: (a) The reason for hiring such a medical direc tor ; (b) The location where the medical director was assigned ANSWER NO. 92 No such individual with that title has ever been hired. INTERROGATORY NO. 93 . State for any physician or biological scientist ever enployed by your firm as a consultant, plant physician or iCO OtHC 80 otherwise; whose duties related to asbestos or occupational d iseases: (a) His or her name and address; (b) The dates of employment; (c) The duties and responsibilities of each; (d) The location, identifying titles or codes, and custodians of all reports or memoranda written by each; (e) The professional specialization of each; s. a (f) The reason for hiring each such person; (g) The name and address of the person in your firm responsible for hiring such person (As modified by "Further Stipulation of 3/18/81.") etMwnal tOO jdatfou onto ANSWER NO. 93 Garlock has had four plant physicians since 1920. They are as follows: Names Dates of Service Dr. -C.C. Nesbitt (deceased) 8/30/20-8/1/56 Dr. J.D. Brarner 8/1/56 - 7/24/72 Dr. K.K. Kapur 1269 Pittsford-Palmyra Rd. 10/23/72 - 8/14/79 Dr. William G. Fallon 1666 Division St. Palmyra, N.Y. 10/31/79 - present. - All of these physicians served on a part-time basis and were at Garlock primarily for incoming employee physicals and treatment of minor injuries occurring in the plant, etc. 81 Garlock does not have information on any professional speciali zation of each. Any existing records, reports or memoranda written by any of these physicians and pertaining to Garlock are in the hospital records which are all maintained by patient name . INTERROGATORY NO. 94 Have you ever employed an "industrial hygienist" or employed one as a consultant whose duties related to asbestos or occupational diseases? Please state for each hygienist: ** (a) The reasons for hiring such a hygienist; (b) The location where the hygienist was assigned; (c) The duties of the hygienist; (d) The names and addresses of the persons hiring such hygienist and of the hygienist; (e) The date when each hygienist was first hired. (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 94 NO . INTERROGATORY NO. 95 Prior to 1972, have your employees ever been subject to periodic medical examinations? If so, please state: (a) Whether the examinations were performed by your firm, its agents or employees or by tffff J%rvii4/irv OHIO 82 outside personnel either private or govern mental; (b) whether the examinations were performed as a result of an internal corporate decision or to comply with some governmental rule; (c) Whether any person wasrejected for employ ment as the result of such examination. If so, state the date and reason for such rejection; (d) Whether ny employee* was reassigned, termi nated or pensioned as the result of such examination and the date and reason for each such occurrence. ANSWER NO. 95 Yes. (a) Outside personnel. (b) Government Rule. (c) Unknown. (d) Unknown. INTERROGATORY NO. 96 Have environmental conditions in the workplace ever been the subject of negotiation between your firm and any organization representing your employees, respecting all dusts found in work areas where asbestos or asbestos products were manufactured or handled? (As modified by "Further Stipulation of 3/18/82."} tCO Sfat*i omo 83 ANSWER NO. 96 Garlock is unable to answer this interrogatory at this time and will supplement its answer when and if further infor mation becomes available. INTERROGATORY NO. 97 If answer 96 is affirmative, please state: (a) The date of each negotiation; (b) The employee organization and the names of the negotiators; X. * (c) The firm operation in question; (d) The negotiators for your firm; (e) The condition at issue and the proposed contract clause. ANSWER NO. 97 See Answer to Interrogatory No. 96. INTERROGATORY NO. 98 Have environmental conditions in the workplace with respect to all dusts found in work areas where asbestos or asbestos products were manufactured or handled ever been the subject of a clause in a collective bargaining agreement (C3A) to which you have been a party, (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 98 See Answer to Interrogatory No. 96. tOO OHIO 84 .1 INTERROGATORY NO. 99 If Answer 93 is affirmative, please state for each such CBA: (a) The firm operation by each such CBA; (b) The effective dates of each such CBA; (c) The employee organizations which were parties to such a CBA; (d) The specific clauses in the CBA covering environmental conditions. %* ANSWER NO. 99 See Answer to Interrogatory No. 96. INTERROGATORY NO. 100 Have any grievances ever been filed by any of your employees, complaining of or related to dusty conditions respecting all dusts found in work areas where asbestos or asbestos products were manufactured or handled? If so, please state and for each such grievance: (a) The document identification for all docu ments relating to such a grievance; (b) The date filed; (c) The response? (d) Whether or not each such grievance reached arbitration and if so, whether the arbi . if trator filed a decision. /Off JSatfah ffittff 85 ANSWER NO. 100 See Answer to Interrogatory No. 96. INTERROGATORY NO, 101 Has your firm ever been cited or admonished by any government agency (federal, state or local) for dust levels excess of any threshold limit value (TLV) or other predeter mined number respecting all dusts found in work areas where asbestos or asbestos products were manufactured or handled? If so, please state: I, * (a) The dust and TLV or number involved; (b) The date; (c) The government agency; (d) The means of identifying any document related to such an occurrence; (e) Any action taken by the agency involved. (As modified by ''Further Stipulation of 3/18/82.") ANSWER NO. 101 Yes. (a) (b) (c) (d> (e) . 5 fibers/ml. 6/27/72. United States Department of Labor. CSHO No. P-1568. Abatement of violation and proposed fine. ICO ** CiHC 86 INTERROGATORY NO. 102 Since 1935 has there ever been a Health and Safety Committee of an employee organization at any of your firm's locations? if so, please state for each such committee: (a) The firm location involved; (b) The employee organization; (c) The name and address of all chairpersons. ANSWER NO. 102 See Answer to Interrogatory No. 96. INTERROGATORY NO. 103 Had you done anything prior to 1972 to notify users of your products of the dangers of inhalation of asbestos dust and fibers? If so, explain in detail what you did and give the dates ANSWER NO. 103 See response to No. 14. There has never been any evidence or reason to believe that Garlock products, upon reasonable use, release asbestos fibers in sufficient quantity to pose a health hazard, potential or otherwise, to persons using such products. Garlock denies that use of, or exposure to, its asbestos-containing products pose any health hazard. tOO t( OHIO 87 INTERROGATORY NO. 104 State separately for each year from 1930 to the pre sent: (a) Total Sales; (b) Asbestos product (Type 1 and 2 only) sales. ANSWER NO. 104 (a) No answer required; (b) This information is not available, recorded, or complied as such. INTERROGATORY NO. 105 Have you contributed any funds to research concerning asbestos and its relation to lung, heart, gastro-intestinal, and/or larynx disease? If so, please state for each year the amount of money contributed, when and to whom, attaching any report or reports from each individual or organization to whom your funds were distributed. ANSWER NO. 105 . Garlock believes the answer is no. See General Objec tion No. 1. INTERROGATORY NO. 106 Has defendant conducted, had conducted for it or funded any investigation, study, test, review or analysis v y&x/i ffAMtVttli 'T&vfi/un&CIttr ICC emotion* *,$04+. 02UC 88 (hereinafter referred to as "study") concerning asbestosrelated diseases, asbestosis, pulmonary diseases or cancer. so, identify each such study by: If (a) The date each study was conducted; (b) The person authorizing the study; (c) The person in charge of the study; (d) The people participating in the study; (e) The title and subject of the study; (f) The results of each study; (g) If statistical analyses were made, state the results, describe the data and assumptions upon which the results were based; (h) If in writing, either attach a copy of the study or identify it by date, title, iden tification number, present location and custodian. -%uae*Jr tOO CSft ANSWER NO. 106 Garlock states that, through continuous investigation, observation and experience with its products and their use, Garlock learned and knew that its products posed no health hazard, potential or otherwise, to persons using such products. INTERROGATORY NO. 107 Have you conducted, participated, financed or had conducted for you any tests, studies, investigations or analy ses (hereinafter referred to collectively as "studies") to 89 - determine the effects of your product on workers working with any of your asbestos products? If so, state for each study: (a) The subject matter, title and date of each study; (b) The date and name of the person authorizing the study? (c) The reason for the study; (d) The names of the persons who conducted the study; %* (e) The date the study was completed? (f) Whether the results were published and disseminated, and if so, where and to whom; (g) The results of each study; (h) if statistical analyses were made, state the results and describe the date and assump tions upon which the results were based; (i) If in writing, identify it by date, title, identification number, present location and custodian and attach a copy. ANSWER NO. 107 Garlock states that, through continuous investigation, observation and experience with its products and their use, Garlock learned and knew that its products posed no health hazard, potential or otherwise, to persons using such products. tOO CHIC - 90 - INTERROGATORY NO. 108 Have you conducted, participated, financed or had conducted for you any tests, studies, investigations or analy ses (hereinafter referred to collectively as "studies") to determine the effects of inhalation of asbestos dust or fibers or any other safety problem, by any one using or being exposed to asbestos products (All Types) manufactured by your company? If so, state for each study: (a) The subject matter, title and date of each % study; * (b) The date and name of the person authorizing the study; (c) The reason for the study; . (d) The names of the persons who conducted the study; (e) The date the study was completed; {f) Whether the results were published and disseminated, and if so, where and to whom; (g) The results of each.study; (h) If statistical analyses were made, state the results and describe the date and assump tions upon which they were based; (i) If in writing, identify it by date, title, identification nuuber, present location and If <T*ri)iiiwn/r'ni ICO OSftO custodian and attach a copy. 91 v 3&a ANSWER NO. 108 Garlock states that, through continuous investigation, observation and experience and study of its products and their use, Garlock learned and knew that its products posed no health hazard, potential or otherwise, to persons using such products. INTERROGATORY NO. 109 Have you conducted, participated, financed or had conducted for you any tests, studies, investigations or analy ses (hereinafter referred to collectively as "studies") which ** had the purpose to prevent, minimize, or eliminate inhalation of asbestos dust and fibers by those using or exposed to your asbestos products (All Types)? If so, state for each study: (a) The subject matter, title and date of each study? (b) The date and name of the person authorizing the study? (d) The names of the persons who conducted the study? (e) The date the study was completed? (f) Whether the results were published and disseminated, and if so, where and to whom? (g) The results of each study? (h) If statistical analyses were made, state the results and describe the data and the . assumptions upon which the results were based? Jtai&vu 0tt*6 92 (i) If in writing, identify it by date, title, identification number, present location and custodian and attach a copy. $uae*a, 'e' J&tM ANSWER NO. 109 Garlock states that, through continuous investigation observation and experience with its products and their use, Garlock learned and knew that its products posed no health hazard, potential or otherwise, to persons using such products INTERROGATORY NO, 110 State whether you considered or took any action as a result of any of the studies listed in Answers to Interroga tories 105, 106, 107, 108 or 109. If so: (a) Describe what factors you considered; (b) Describe the action taken; (c) Identify who authorized or directed the action;. . (d) When was the action taken; (e) Why was the action taken; (f) Identify all documents discussing the study the action considered and the action taken by data, title, subject, author and present custodian and location and produce the document; (g) If you have not taken any action state in detail, why not; fCC yI/+as\sUui sffam/ --Mr***, /"gfto 93 (h) If you have not given any consideration to taking such actions, state in detail the reasons why. ANSWER NO. 110 Not applicable. INTERROGATORY NO. Ill Whether or not you have contributed, participated in or caused to be conducted the studies mentioned in Interroga. %* tones 105-109, state whether you ever considered doing so. I so, for each consideration please state the following: (a) The form of the consideration; (b) The date of the consideration; (c) If the consideration occurred at a meeting, the names and present business and home addresses of those attending; (d) The location and identifying codes of any records of such considerations. & tCO Jfra*.'^'*-rr> CittC ANSWER NO. Ill See General Objection No. 1. Garlock is unable to answer this interrogatory. . INTERROGATORY NO. 112 Have you, at any time, used the services of an indus trial health consulting or research organization whose duties related to asbestos or occupational diseases? If so, state: (a) The name of the organization; 94 (b) The dates such services were used; (c) The names of the persons in your company and in the health organization who negotiated the agreement or understanding; (d) Whether any reports or documents concerning the services were prepared and, if so, identify the documents by name, date, title, file number and present location. ANSWER NO. 112 ** NO . INTERROGATORY NO. 113 Did you in any way assist or participate in the Metro politan Life Insurance Company studies of asbestos conducted from 1929-1940 or the Trudeau Foundation Saranac Lake studies from 1929-1960. If so: (a) State what role or action you took; (b) Identify all documents relevant to such activities by name, date, title, file number and present location. ANSWER NO. 113 NO . t0O oajUui, SfUt* t ^'- OttlO 95 INTERROGATORY NO. 114 Do you maintain a library or file of pathological findings, slides, x-rays and related material concerning asbes tos induced injuries, disability or impairment of your employ ees or other persons? If so, state: (a) The date such file was first organized; (b) All past and present custodians of the file (c) Where the file is presently located; {d) identify the material included in the file; (e) State whether any statistical analyses of the material in the files were conducted. ANSWER NO. 114 . NO . INTERROGATORY NO. 115 Do you have knowledge that any respirators or other breathing devices prevent inhalation of the asbestos dust and fiber from your product? If so, state: (a) When the respirator was sold; (b) Give the detailed description of such respirator or other breathing device; (c) The source of your knowledge that it would prevent the Inhalation of such dust and fibers; (d) Identify any relevant tests performed by data, title, author, and number. (As modified by "Further Stipulation of 3/18/82.") - 96 ANSWER NO. 115 There has never been any evidence or reason to believe that Garlock products, upon reasonable use, release asbestos fibers, if any, in sufficient quantity to pose a health hazard, potential or otherwise, to persons using such products. Garlock denies that use of, or exposure to, its asbestoscontaining products pose any health hazard or any significant possibility of asbestos fiber inhalation. INTERROGATORY NO. 116 Have you undertaken or financed any studies to deter mine what type of respirator and/or protective mask wouid either eliminate or afford maximum protection against the inhalation of asbestos fibers? If so, state: (a) Who made the study; Cb) When was the study made; (c) What was the result of the study; (d) If the r esult was written, identify the document by title, date, file designation and author of each such study, and the location and present custodian thereof. 'Pautwr O' ytfa/l /QC OS/fC ANSWER NO. 116 No. There has never been any evidence or reason to believe that Garlock products, upon reasonable use, release asbestos fibers, if any, in sufficient quantity to pose a health hazard, potential or otherwise, to persons using such products. Garlock denies that use of, or exposure to, its 97 asbestos-containing products pose any health hazard which would require the wearing of respirators, or protective masks. INTERROGATORY NO. 117 Have you undertaken or financed any tests or studies to determine what type of ventilator or ventilating system would eliminate or decrease the number of airborne asbestos fibers in confined spaces? If so, state: (a) Who made the test or study; (b) When was the test or study made; * (c) What was the resul t of the study or test; (d) If the resul t was written, identify the document by ti tie, date, file designation and author of each such test or study, and the location and present custodian thereof. 'Pctaeju, rer yhU ANSWER NO * 117 Studies and actions to reduce airborne dust have been a continuing function at Garlock since textile operations were begun during World War I. Such tests, studies and implementa tion programs were carried out over many, many years and in volved many people and results. Substantially all of the factual data has long since been discarded. Records pertaining to the studies and actions following the June, 1972 citation are available and in the custody of Richard Watson, Palmyra, New York. See Answer to Interrogatory No. 101 also. fCC CttiO 98 INTERROGATORY NO. 118 If any of your employees or officers have testified before any Congressional Committee or administrative agency concerning asbestos exposure, pulmonary or asbestos-related diseases or industrial hygiene relating to asbestos use, state: (a) The name, address and title of each person who testified; (b) The date, location and forum of such testi mony; tg * (c) Whether defendant has a copy of such testi mony; (d) whether defendant will voluntarily produce a ' copy of such testimony. (As modified by "Understanding of 12/9/81.") dPatae*}, r<r y&Ui tCC - CfIf ANSWER NO. 113 . (a) - (d) . Mr.. Kuzmuk has testified at the U.S. Department of Labor, Offices of the Secre tary, Washington, D.C., on March 13, 1972. This defendant has a copy of this testimony and will make the same available upon proper request by the plaintiffs pursuant to the Federal Rules of Civil Procedure. INTERROGATORY NO. 119 For every policy of liability insurance insuring you against losses as a result of claims for bodily injury or death 99 as a result of use of your asbestos products from 1935 to the present list: (a) The name of each insurer; (b) Each policy number; (c) The term of each policy; (d) Theamount of the coverage; (e) Whether each policy provides for primary or excess coverage and if excess, the limits; (f) The deductible, if any, for each policy; i, a (g) The basis of coverage for each e.g. claims made, occurrence; (h) The identity of the person having possession of each policy. ANSWER MO. 119 (a) , ( b) , ( c) : Carrier Years Policy Mo. Travelers Insurance Company 1951-1961 Qnployers Mutual of Wausau 1961-1976 Aetna Life & Casualty 1975-1931 (d) The full amount of coverage available under the above policies is subject to differing views between the insured and the insurers. (e) - (h) Copies of these policies will be made available to the plaintiffs upon proper 7r y&zM request pursuant to the Federal Rules of fCC CtttO Civil Procedure. 100 - INTERROGATORY NO. 120 Describe in detail your corporate history from 1930, as it relates to any mergers, acquisitions or spin-offs having to do with the manufacture or sale of asbestos products. (a) Identify every document related to each stage in the history set forth above. (As modified by "Understanding of 12/9/81.") ANSWER NO. 120 See Answer to Interrogatory ?lo. 4. Over the years, Garlock acquired four companies which made and/or sold some asbestos-containing products. Those companies were The Belmon Packing & Rubber Company, Crandall Packing Company, Dealers' Steam Packing Company, and u.S. Gasket Company. Ultimately, each of these subsidiary companies was merged or otherwise absorbed into Garlock with all assets and liabilities thereof. Any documents relating to this history are located in Palmyra, New York. INTERROGATORY NO. 121 If your company was formed after 1930, describe in detail the circumstances under which it was formed including the sources of the knowledge or equipment to be used to manu facture asbestos products, the source of the rights to manu facture asbestos products, the company's incorporators, first y&di uivm/ fee JxtnJUvx. Jdw CtiiO 101 Board of Directors and officers and their occupational history prior to your company's formation. (a) Identify every document related to the description set forth above. /CO Can. CtHO ANSWER MO. 121 No response required. Withdrawn by "understanding of 12/4/81." INTERROGATORY NO. 122 %* With respect to any product manufactured by you which does not contain asbestos, have you ever included a warning with the product indicating that it may in some way be harmful to human beings? If so, for each such product please state: (a) The name of the product; (b) The chemical composition or ingredients of the product; (c) The use for which such product is intended; (d) The manner in which it is thought the pro duct may cause harm to human beings; (e) The contents of the warning; (f) The size of the warning; (g) The color of the warning; (h) The date the warning was first given to the public; (i) the names of the people responsible for or participating in the decision to provide the warning and: 102 i. their present address; ii. their present position or status with your company; iii. the position held at the time the decision was made. (j) Please identify every document which relates to the making of the decision to provide a warning . ANSWER MO. 122 * No such warnings have been located by Garlock to date. INTERROGATORY NO. 123 Does your company have a record or document retention policy, plan or program? If so, please describe such a plan in detail. If the plan is different for separate categories of records, please describe the plan for each category. Please include in the descriptions the following: (a) The name and title of the custodian of the records; (b) The length of time for which records a-re retained; (c) The titles and names of the personnel responsible for determining the policy or plan from 193 5 to the present; (d) The titles and names of the personnel responsible for the removal and destruction 4/CO Pta/iA/t/*, 09//0 103 of any records, pursuant to any such plans from 1935 to the present. ANSWER NO. 123 (a-d) Garlock states that it maintains a policy of record retention, the most recent descrip tion of which is attached hereto as Attach ment "B" . See also General Objection No. 1. INTERROGATORY NO. 124 {. x Purusant to your retention policy, have you destroyed any documents records or writings pertaining to: (a) Health hazards of asbestos; (b) Workmen's Compensation claims arising out of asbestosis, lung cancer, mesothelioma, corpulmonale, pneumoconiosis, or pulmonary fibrosis; (c) Placing warning labels on your products; (d) Dust-related hazardous conditions in your plants or factories; (e) Funding of studies about health hazards of asbestos; (f) Lawsuits arising out of injuries alleged to having been caused by asbestos. fCC ZftaruUm CSfiO 104 ANSWER NO. 124 Garlock does not know precisely what documents have not been retained. However, any destruction of documents has been performed in the ordinary course of business. INTERROGATORY NO. 125 If your answer to question 124 is affirmative, list every such document destroyed by author, date and subject matter. 'er' y&zM ANSWER NO. 125 See Answer to Interrogatory No. 124. INTERROGATORY NO. 126 Were the products listed in the answer to question (10) , or supplied directly or indirectly to BSC or GO, manu factured in accordance with company product specifications (whether or not they also were produced in accordance with specifications of any outside organization)? If so, please state the following: (a) The identity or designation of each of the specifications; (b) The present location of the specification; (c) The dates of the specifications and any amendments or changes thereto; (d) The names and titles of the persons pre paring each specification and any amendments thereto; . C9t0 105 (e) The names and titles of the persons approv ing each specification and any amendments thereto. ANSWER NO. 126 Garlock states that it obviously has specifications for the various styles of products it manufactures and that hundreds of persons have been involved over many years in the preparation of these specifications. INTERROGATORY NO. 127 * * Does your company have knowledge that workers who specialize in the installation of insulation might be or have been users of your asbestos-containing products? If so, please state when you came to have such knowledge. (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 127 . NO . INTERROGATORY NO. 128 Does your company have knowledge that people working in the same area where your asbestos products were being used or installed could inhale and/or ingest asbestos fibers emitted fran your products? (As modified by "Further Stipulation of 3/13/82.") V y&x fco d/~.. duff 106 ANSWER NO. 128 No. There has never been any evidence or reason to believe that Oarlock products, upon reasonable use, release asbestos fibers, if any, in sufficient quantity to pose a health hazard, potential or otherwise, to persons using such products. Oarlock denies that use of, or exposure to, its asbestos-containing products pose any health hazard or any significant possibility of asbestos fiber inhalation. INTERROGATOR NO. 129 %* Does your company have knowledge that workers who specialize in installation of insulation could inhale and/or ingest asbestos fibers released from your asbestos products? (As modified by "Further Stipulation of 3/18/82.") ANSWER NO. 129 No. See response to Interrogatory No. 128. INTERROGATORY 130 Does your company have knowledge that workers in the following trades might use or have used your products? If so, when did you come to have such knowledge? a. Pipe 1aggers; b. Pipe fitters; c. Welders? d.. Burners; ' e Chipeers ? Grinders; fCC CttfO 107 g. Riggers? h. Pipe Inspectors. (As modified by "Further Stipulation of 3/13/82.") ANSWER MO. 130 Yes, as to (b) only. INTERROGATORY MO. 131 Does your company have knowledge that workers who specialize in installation of insulation or pipe coverers employed at BSC or GD coul$f be or could have been users of your asbestos products? (As modified by ''Further Stipulation of 3/13/82.") ANSWER NO. 131 No . INTERROGATORY NO. 132 Does your company have knowledge that pipe coverers or workers who specialize in installation of insulation employed at BSC or GD could inhale and/or ingest asbestos fibers released from your asbestos products? (As modified by "Further Stipulation of 3/13/82.") tCC JZmtf iCtfiO 108 ANSWER NO. 132 No. See response to Interrogatories No. 115 and No. 128. Subscribed and sworn to this day of , 1982. The Defendant GARLOCK INC. .v By Harold D. Retting, General Counsel Esq. *! As to All Objections: ^luaw. e' tCC C&atlan* CUtC 100 Franklin Street Boston, MA 02110 (617) 357-1500 109