Document 82jLOzdLp4QMOoZjxjDv6DjrB

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: ASBESTOS RELATED LITIGATION S S MASTER ASBESTOS DOCKET NO. 100 MASTER ASBESTOS FILE OBJECTIONS AND SUBJECT THERETO, ANSWERS OF THE DEFENDANT, GAF CORPORATION, TO PLAINTIFF'S INTERROGATORIES GAF Corporation, one of the defendants in the above entitled and numbered cause, through its attorneys of record makes, the following answers to written interroga tories heretofore served on it by counsel for the plaintiff. 1. As to the person answering these interroga tories, state: b. Title .disposition with defendant. c. Business address. d. Residence address. e. Length of time employed by defendant. ANSWER: These answers to interrogatories have been executed by Deborah Lawson, Assistant Secretary, GAF Corporation, 1361 Alps Road, Wayne, New Jersey 07470. The following persons have supplied information in response to these interrogatories: Phillip Bettoli - (retired) Former Technical Director o"?~i:he Research Department at GAF Corporation. was formerly employed at South Bound Brook, New Jersey 08880. He William Schwingen - Director of Commercial Roofing Development, GAF Corporation; employed at GAF offices. dant: 2. State the following concerning this defen a. Full and correct name. ANSWER: GAF Corporation. b. Principal place of business. ANSWER: 07470. 1361 Alps Road, Wayne, New Jersey c. State of incorporation. ANSWER: Delaware. d. Date of incorporation and name of corporation. ANSWER: See answer below. e. Is this defendant authorized to transact business in the state of Texas? If so, state the date such authority was first issued and last renewed. ANSWER: See answer below. f. Does this defendant have an agent, represen tative or place of business in Texas? If so, state the name and address of such agent, representative or place of business. ANSWER: See answer below. g. Does this defendant have an agent for service in the State of Texas? If so, state the name and address of the registered agent. ANSWER: GAF Corporation was incorporated in Delaware in 1929 as American I.G. Corporation. Its name was changed in 1939 to General Aniline and Film Corporation, and again in 1968 to GAF Corporation. GAF maintains its princi pal place of business at 1361 Alps Road, Wayne, New Jersey 07470. On May 26, 1967, GAF merged with The Ruberoid Co., assuming its assets and liabilities. The Ruberoid 005FWMDC/052E01 -2- Co. was originally incorporated in New York in 1886 as the Standard Paint Company. This company was succeeded by a company of the same name, which was incorporated in New Jersey on June 16, 1905. The name of the company was changed to The Ruberoid Co. on March 10, 1921. GAF is qualified to do business in Texas. Its agent for service of process is Prentice-Hall Corporation, Austin, Texas 78701. 3. Has this defendant been sued under its correct name? If not, state the correct legal name of the defendant and provide the information requested in No. 2 above concerning the defendant as correctly named. ANSWER: Yes. 4. As to any product containing asbestos in any form, has this defendant: a. Ever designed such a product? b. Manufactured such a product? c. Processed such a product? d. Sold such a product? ANSWER: GAF objects to this interrogatory to the extent it could be construed to seek information regarding non-thermal insulation not relevant to this litigation. Subject to the foregoing objection, GAF. responds that it designed, manufactured, processed and sold such a product. e. Distributed such a product? See answer to Interrogatory No. 17. f. Patented such a product? ANSWER: Yes. 005FWMDC/052E01 -3- g. Relabeled such a product which was manu factured, sold, or distributed by another company? ANSWER: See answer to Interrogatory No. 5 regarding "313" and "412" insulation cements. 5. If your answer to No. 4d and 4e. is "yes" then give the trade name of the product, the year the defendant first sold or distributed such product, and the year the defendant last sold or distributed such product. ANSWER: GAF objects to this interrogatory to the extent it assumes GAF had distributors. Subject to the foregoing objection, GAF responds that thermal insulation products containing asbestos sold by GAF Corporation are as follows: Calsilite Pipecovering and Block products were manufactured at the Gloucester City, New Jersey facility on a "commercial basis" beginning as of April 1, 1949, until October 1971, when the Calsilite plant was closed. Calsilite was manufactured on a very limited basis and net for general sale or distribution from approximately November 1944 until March 1947, when the Calsilite plant became classified as a "research project." Calsilite Fipecovering and Block were lightweight and hard substances of various thicknesses and sizes. Both Calsilite Pipecovering and Block were manufactured using the same product formula, which included lime, diatomeceous earth, silica sand and approximately 13.5% asbestos, approximately half of which was amosite asbestos and half chrysotile asbestos. Calsilite-Hi, developed subsequent to 1960, could withstand temperatures up to 1800F. It was manufactured using essentially the same formula as Calsilite but had a higher clay content. In the mid-1960's "Calsilite SS" an "inhibited" product was developed specifically to prevent stress cor rosion and chloride cracking of austenitic stainless steel piping. In 1970 an asbestos-free Calsilite, was developed, occasionally referred to as "Calsilite II," in which asbestos was replaced by sulphite pulp. 115 Insulation Cement was a chrysotile asbestos product sold f:rom 1937 until 1975. 00 5FWMDC/05 2E01 4- 214 Insulation Cement was a chrysotile asbestos product sold from 1937 until 1975. 313 Insulation Cement was composed of chrysotile asbestos fiber and clay and to the best of GAF's knowledge was manufactured by Baldwin-Ehret-Hill, now Keene Corporation Ruberoid, and later GAF, sold "313" Insulation Cement from 1960 until 1971. 412 Insulation Cement was composed of chrysotile asbestos fiber and clay and to the best of GAF's knowledge was manufactured by Baldwin-Ehret-Hill, now Keene Corporation Ruberoid, and later GAF, sold "412" Insulation Cement from 1960 until 1971. Packaging of "412" Insulation Cement may have varied according to purchaser specifications. Calsilite Insulation Cement was a combination of chrysotile asbestos ^iber, ground Calsilite pipecovering or block-scrap, Portland and other cements. Its basic formula was as follows: a. 36.8% ground Calsilite scrap; b. 45% chrysotile asbestos fiber; c. 13.6% Lummite cement; and d. 4.6% Portland cement. It is believed that Ruberoid produced Calsilite Insulation Cement from 1951 until 1960 in extremely limited quantities (if any). Flat and Corrugated Asbestos Paper was manufac tured from 1928 until 1981, when the facility was sold. Flat and Corrugated Asbestos Paper was composed of a mixture of sulphite pulp and chrysotile asbestos fiber. In or about 1975, latex was added as a binder to the products. Asbestos Rollboard was manufactured from 1928 until 1981, when the facility was sold. Rollboard was a composition of sulphite pulp and asbestos, the amount of which varied according to customer specification but was generally less than 40%. In or about 1975, latex was added as a binder to the product. Asbestos Millboard was manufactured from 1928 until 1981, when the facility was sold. Millboard was a composition of sulphite pulp and chrysotile asbestos, bonded with either starch or Portland cement. The asbestos content varied from 10% to 90%, depending on purchaser specifica tions. Asbestos Millboard, upon purchaser request, was occasionally manufactured with blue asbestos fiber (crocidolite) . In or about 1975, latex was added as a binder to the product. 6. In what year did the defendant first begin selling or distributing insulation products containing asbestos? 00 5FWMDC/0 52EQ1 -5- ANSWER: GAF Corporation did not manufacture or sell asbestos-containing thermal insulation products until it merged with The Ruberoid Co. in 1967. 7. In what year did the defendant last sell the insulation product which contained asbestos? ANSWER: See answer to Interrogatory No. 5. 3. For each asbestos-containing insulation manufactured or sold by you, please give the asbestos content by weight and by volume. ANSWER: See answer to Interrogatory No. 5. All the available information pertaining to the asbestos content of each insulation product is contained in answer to No. 5. 9. Has this defendant ever acquired another corporation, company or business which manufactured, sold, processed, distributed or contracted to apply insulation products containing asbestos? ANSWER: Yes. 10. If the answer to Interrogatory No. 9 is "yes" then state the following concerning such predecessor: a. Full and correct name. ANSWER: See answer to Interrogatory No. 2. b. The principal place of business. ANSWER: See answer to Interrogatory No. 2. c. State of incorporation. ANSWER: See answer to Interrogatory No. 2. d. Date of acquisition by Defendant. ANSWER: See answer to Interrogatory No. 2. e. Was this business authorized to transact business in the State of Texas? 005FWMDC/052E01 -6 ANSWER: Yes. f. Attach copies of all papers pertaining to the acquisition. ANSWER: Documents will be made available at GAT headquarters. 11. If your answer to No. 9 is "yes" then give the trade name of the product, the year such predecessor first sold or distributed such product, and the year such predecessor last sold or distributed such product. ANSWER: See answer to Interrogatory No. 5. 12. In what year did the predecessor or business begin' selling or distributing insulation products containing asbestos? ANSWER: 1928. 13. In what year did the predecessor or acquired business last sell insulation products containing asbestos? ANSWER: See answer to Interrogatory No. 5. 14. As to the named defendant or any predecessor or acquired business, state the various types of products such as blocks, pipe covering, cements, tape, spray-on insulation, mastics, and cloth, and in connection with each type of product, state how the same was packaged (i.e., bags, boxes, sacks, etc.) for sale. ANSWER: See answer to Interrogatory No. 5. ^ost Ruberoid and GAP industrial thermal insulation products were sold in cardboard boxes bearing the companies' names or logos. The insulation cement was sold in heavy-duty bags. 15. Have you since 1950 had designated distribu tors of your products in the State of Texas? ANSWER: See answer to Interrogatory No. 17. 005FWMDC/052E01 -7 16. If your answer to Interrogatory No. 15 is "yes" then state the name of all companies, their addresses, and give the years that each was a designated distributor. ANSWER: Not applicable. 17. If you did not have designated distributors in the State of Texas, then state by what method sales were promoted, encouraged or consummated, and give the name and addresses of all sales offices located in the State of Texas. ANSWER: GAF' s (and formerly Ruberoid's) products generally were specified for purchase by independent insula tion contractors, industrial users, including naval and contract shipyards, and various other agencies and depart ments of the United States Government, directly through GAF facilities or GAF sales representatives. 18. Describe the purpose or purposes for which each of the products were designed, said types of products being as follows: a. Pipe covering. ANSWER: See answer to Interrogatory No. 5. b. Blocks. ANSWER: See answer to Interrogatory No. 5. c. Asbestos cloth. ANSWER: GAF Corporation did not manufacture or sell asbestos cloth. d. Mastics. ANSWER: GAF Corporation did not manufacture or sell mastics. e. Spray-on insulation. ANSWER: GAF Corporation did not manufacture or sell spray-on insulation. f. Rope or tape. 005FWMDC/052E01 -8 ANSWER: GAF Corporation did not manufacture or sell rope or tape. g. Asbestos sheeting or millboard. ANSWER: GAF Corporation did not manufacture or sell asbestos sheeting. As to millboard, see answer to Interrogatory No. 5. 19. Did each of your insulation products or materials generally reach, or were they packaged to reach, the consumer, insulation helper, insulation mechanic, or ultimate user, without substantial change in the condition in which it was sold? ANSWER: GAF objects to this interrogatory on the grounds that it is vague and ambiguous. Subject to the foregoing objection, GAF responds that its insulation products were packaged to reach its customers without substantial changes.' GAF could not control how the customer or its employer treated the products or their packaging. See also answer to Interrogatory No. 5. 20. Do you admit that asbestos insulation appli cators, helpers or mechanics, were foreseeable users of defendant's asbestos-containing insulation products? ANSWER: GAF objects to this interrogatory to the extent that as a manufacturer and seller, GAF did not have information as to whether the plaintiff or his co-workers would be the user of such asbestos-containing insulation products. 21. Based upon the material contents of your products, the method of manufacturing and tne method of application for the purpose of insulation, can your pro ducts be generally applied by an insulator without creating dust? ANSWER: GAF objects to this interrogatory to the extent that as a manufacturer and seller, GAF did not govern or control how products were "generally applied". 22. Please describe in detail each test that you performed on your asbestos-containing insulation products to 005FWMDC/052E01 -9- determine whether persons applying the products would be exposed to bodily injury or disease as a result of applying those products. In connection with this interrogatory, include in your answer the date the test was made, the results of the test, and the name and address of the person or persons who have custody of the documentary evidence supporting the tests. ANSWER: GAF objects to this interrogatory on the ground that as a manufacturer and seller, GAF did not govern or control application of products. Subject to foregoing objection, GAF products were continually tested for purposes of quality control, weather and element resistance and with governmental specifications. However, GAF complied with Government Specifica tions concerning product content, performance, packaging and labeling in order for such products to be eligible for sale, by contract or otherwise, for use in federally-owned and federally-sponsored projects and facilities. By its promulgation and enforcement of mandatory contract specifications for asbestos-containing thermal insulation products, the United States impliedly warranted the specifications for their accuracy, feasibility and safety. The United States at all relevant times exercised sole supervision and control over products used and work performed at shipyards and other facilities owned, operated by or under contract with the United States. GAF employees did not conduct any other tests than those described above. 23. Did your company, or any predecessor, ever at any time give insulation contractors, insulation helpers or insulation mechanics who would be using or applying your products instructions concerning safecy precautions to use in applying such products? If so, describe such instruc tions, to whom they were given, the dates they were given and the manner of giving such instructions. ANSWER: In approximately 1964, The Ruberoid Co. began placing warning notices on certain packages of its thermal insulation products containing asbestos fiber: 005FWMDC/052E01 -10 CAUTION THIS PRODUCT CONTAINS ASBESTOS FIBER. INHALATION OF ASBESTOS IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL. IF DUST IS CREATED WHEN THIS PRODUCT IS HANDLED, AVOID BREATHING THE DUST. IF ADEQUATE VENTILATION CON TROL IS NOT POSSIBLE, WEAR RESPIRATORS APPROVED BY THE U.S. BUREAU OF MINES FOR PNEUMOCONIOSIS PRODUCING DUST. In approximately 1970, this warning label was changed to read as follows: CAUTION CONTAINS ASBESTOS FIBER. INHALATION IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL. AVOID BREATHING DUST. IF ADEQUATE VEN TILATION IS NOT POSSIBLE, WEAR RESPIRA TORS APPROVED BY THE U.S. BUREAU OF MINES FOR PNEUMOCONIOSIS PRODUCING DUST. In approximately 1972, this warning label was changed to read as follows: CAUTION CONTAINS ASBESTOS FIBERS. AVOID CREAT ING DUST. BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. 24. Did your company or your predecessor ever require your employees at the mines, mills, factories or plants to wear respirators? If your answer is "yes" then state the first year that respirators were required. ANSWER: GAF objects to this interrogatory on the grounds that it is irrelevant to the litigation, in that plaintiff was not employed in the same capacity as GAF employees who worked with many different materials and compounds other than asbestos products. 005FWMDC/052E01 -11- 25. Prior to your company or its predecessor requiring your employees at mines, mills, factories or plants to wear respirators, did you require of such employee a physical examination to determine whether the wearing of a respirator would endanger such employee's health? ANSWER: Objection. The information sought is irrelevant to the subject matter of the instant action and not reasonably calculated to lead to the discovery of admissible evidence. See above objections and answer to 24. 26. Was your company aware that in 1971-1972, in Washington, D.C. an advisory committee on the asbestos standard was set up by the United States Secretary of Labor, James Hodgson, which committee recommended to the Secretary of Labor that before respirators could be issued to workers for any reason, each worker must have a complete physical examination to determine whether such worker could wear a respirator without endangering his health? ANSWER: this lawsuit. Objection. Irrelevant to any issue in 27. Did your company or your predecessor ever place any warning signs on the containers in which asbestos insulation products were packaged? ANSWER: Yes. 28. If you have answered Interrogatory No. 27 in the affirmative, please state: a. On what date did your company or your prede cessor issue an order directing a warning be placed on your insulation products or con tainers? ANSWER: See answer to Interrogatory No. 23. b. On what date was such warning actually first placed on your insulation products or con tainers? ANSWER: See answer to Interrogatory No. 23. 005FWMDC/052E01 -12- c. State the exact size of the warning printed on your asbestos-products or containers ANSWER: Objection. See answer to e. d. Did your company or its predecessor place such warning on your asbestos insulation products or containers? ANSWER: Yes. e. Please attach to your answers to these interrogatories true and correct copies of any photographs you may have showing the placement of such warning on the boxes containing your products. ANSWER: Photographs will be made available at GAF headquarters. 29. Did your company or its predecessor ever place any warning on any of its asbestos insulation pipe covering, blocks, cloth or millboard? ANSWER: GAF objects to this interrogatory on the grounds that it is vague. GAF further objects on the grounds that GAF did not manufacture or sell cloth. Not withstanding the foregoing objection, see answer to Inter rogatory No. 23. 30. If your answer to Interrogatory No. 29 is "yes" then state the date and type of product on which said warning was stamped or printed. ANSWER: See answer to Interrogatory No. 29 and 23. 31. Did your company ever stamp the name of its company, its initials or any identifying logo on any of its asbestos pipe covering, blocks, cloth or millboard? ANSWER: No. 32. Did the warning inquired about in Interroga tories No. 27 and No. 29, or a similar warning, ever appear 005FWMDC/052E01 13- in any of your sales literature? If so, attach copies of such sales literature showing the date such literature was printed. ANSWER: No. 33. On what date was the sales literature in quired about in Interrogatory No. 32 first provided to distributors or sellers of your company's products, or your predecessor's products? ANSWER: Not applicable. 34. Has your company or its predecessor ever devised a high temperature heat insulation which does not contain asbestos? If so, state the date that such insu lation was first placed on the market. ANSWER: GAF manufactured its asbestos-containing thermal insulation products in compliance with specifica tions, including military specifications, of agencies and departments of the United States of America. Government specifications applicable to asbestos-containing products relevant to this litigation were promulgated or approved by various agencies and departments of the United States, including: General Services Administration Washington, D.C. Department of Defense Washington, D.C. Department of the Navy Washington, D.C. Each such specification set a standard applicable to a group or class of products. Upon meeting the standard, a manufacturer's product could be placed on a "Qualified Product List," which listed all products in such group or class to which the standard applied. Such products were then eligible for sale, by contract or otherwise, for use in federally-owned and federally-sponsored projects and facil ities including, but not limited to the construction, outfitting, reconstruction and overhaul of vessels owned and operated by the United States, particularly the Navy. 005FWMDC/052E01 14- It was necessary to comply with each such govern ment specification, as well as specifications governing packaging and similar matters, in order for products to be eligible for sale, by contract or otherwise, for use in federally-owned and federally-sponsored projects and facilities. GAF developed an asbestos-free thermal insulation, occasionally referred to as "Calsilite II." Asbestos was re placed with sulphite pulp. The Government, however, refused to accept a non-asbestos thermal insulation product for use in its facilities and on its vessels. In light of this, GAT ceased production and closed its Calsilite operation in 1971. 35. If your company or its predecessor ever devised a high temperature heat insulation which does not contain asbestos, state what prompted your company to devise such high temperature heat insulation not containing asbestos. ANSWER: See answer to Interrogatory No. 34. 36. Has such high temperature heat insulation not containing asbestos performed satisfactorily; that is, is such insulation suitable for the purpose for which it is to be used? ANSWER: See answer to Interrogatory No. 34. 37. Give the trade name of your high temperature heat insulation products which do not contain asbestos, and state fully what such insulation contains. ANSWER: See answer to Interrogatory No. 34. 38. Does your company have now, or has it ever had, a division or subsidiary company engaged in the con tracting business of applying asbestos-containing insulation products? If so, give the name of such division or subsid iary company, full address of the home office of such division or subsidiary company, and the date or dates such company or subsidiary was engaged in the contracting business. ANSWER: No. 005FWMDC/052E01 -15- 39. Please state whether or not any division of your company or subsidiary company engaged in the contract business of applying insulation products, had any claims for lung diseases or death from lung disease attributable to asbestosis, mesothelioma or lung cancer. If the answer is "yes" then give the names of such employees and attach copies of such claims. ANSWER: Not applicable. 40. Has your company or ics predecessor ever conducted or caused to be conducted, any studies designed to minimize or eliminate the inhalation of asbestos dust and fibers by those exposed to the use of your company's insu lation products? If so, give the following: a. Name of the person or firm conducting such studies. b. The date the studies began and the date completed. c. Any publication or dissemination of the results of the studies. d. The nature of any action to eliminate or minimize the inhalation of asbestos dust or fibers. ANSWER: Not applicable. GAF never conducted or caused to be conducted such studies. 41. State the year that this defendant or any predecessor was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of Govern mental Industrial Hygienists, and state the name of the employee-official of the company receiving such advice and attach copies of the instrument communicating such advice. ANSWER: The ACGIH has published suggested threshold limits for numerous substances for many years. These values changed periodically to reflect pertinent scientific information and data. 005FWMDC/052E01 -16- 42. Were such threshold limit values or maximum allowable concentrations inquired about in Interrogatory No. 41 total dust and not just asbestos dust? ANSWER: This interrogatory is objected to on the grounds that it calls upon this defendant for an interpreta tion of a statement of another, i.e. ACGXH. 43. State whether or not the American Conference of Governmental Industrial Hygienists is or is not an agency or department of the United States Government. ANSWER: No. 44. Has your company or its predecessor ever advised any contractor to whom you sell your products containing asbestos of threshold limit values for exposure to asbestos dust recommended by the American Conference of Governmental Industrial Hygienists? If so, state the date or dates that you so advised such contractors, the manner in which you advised such contractor, and name of each contractor. ANSWER: This defendant has not advised such contractors of such threshold value because this defendant's customers are industrial corporation insulation contractors who are experts in the field of insulation applications, many of whom probably have employee members in the ACGIH or receive its publications and who should be aware of any dust problems and required practices, and that high temperature insulation products contain some asbestos and that reason able care must be taken to keep a minimum dust concentration in work areas and in installation of these products. Further, it is the duty and the responsibility of the insulation contractor or owner to furnish his employees a reasonably safe place to work and to inform his employees of these facts, to take necessary safety precautions, and to require use of appropriate personal protective equipment when needed. 45. Before releasing the products previously listed in these interrogatories to the public, were any tests conducted on them to determine potential health hazards involved in the use of materials contained in those products? ANSWER: Not by GAF. 005FWMDC/052E01 -17- 46. If the answer to Interrogatory No. 45 is affirmative, state: a. The names of the products tested and date. b. The name, address and job title of each person who conducted those tests. c. The results of those tests and date. ANSWER: Not applicable 47. Do any documents, including written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character relating to the testing of the named products now exist? ANSWER: GAF products were tested for purposes of quality control, weather and element resistance. GAF products were also tested by and at and under the direction of the United States for compliance with mandatory Govern ment specifications. No other testing was performed with respect to GAF thermal insulation products. GAF at all times complied with mandatory Govern ment specifications concerning product content, packaging and labelling. By its promulgation and enforcement of mandatory contract specifications for asbestos-containing thermal insulation products, the United States impliedly warranted the specifications for their accuracy, feasibility and safety. The United States at all relevant times exer cised sole supervision and control over products used and work performed at facilities owned, operated by or under contract with the United States. GAF does not have in its possession documents relating to testing of its products by, at or for the United States for compliance with mandatory Government specifica tions, except on a limited or occasional basis. With respect to non-Government documents requested by this interrogatory, no list, compilation, summary or abstract of the documents sought by this interrogatory presently exists in discoverable form. Accordingly, GAF objects to this interrogatory to the extent that it could be construed to require that GAF prepare such a list, which would be unduly burdensome. 005FWMDC/052E01 -18- Subject to the foregoing objection, GAT has in its possession a limited number of documents relating to GAF's response, including but not limited to military and federal specifications for products in which the Government required explicitly or as a practical matter the inclusion of asbes tos, and a few reports by certain officials and agents of the Government confirming that certain GAF products were in conformance with applicable Government specifications. 48. affirmative: a. b. If the answer to Interrogatory No. 47 is List each document and date. State the name, address and job title of each person who currently has possession of each document and where it is presently located. ANSWER: No list, compilation, summary or abstract of the documents sought by this interrogatory presently exists indiscoverable form. 49. Did defendant or its predecessor, or any of its subsidiary companies make any design changes as a result of those tests? ANSWER: Yes. 50. If the answer to Interrogatory No. 49 is affirmative, state: a. The trade names of the products changed. ANSWER: See answer below. b. The nature of the changes made. ANSWER: See answer below. c. The name, address and job title of each person responsible for having made a change. ANSWER: GAF (then The Ruberoid Co.) devel oped Calsilite Pipecovering and Block for, at and under the direction of the U.S. Navy. 005FWMDC/052E01 19- Ruberoid from time to time in the development process, and thereafter, made changes in content, formulation and design (including without limitation the inclusion of asbestos) as a result of tests performed, and direc tions issued, by the Navy, in or about 1971, as a result of Navy-ordered tests, non asbestos Calsilite was removed from the Navy's Qualified Product List because the product did not contain asbestos. GAF thereafter ceased manufacturing Calsilite. With respect to initial development efforts and changes accompanying same, Herbert Abraham, President of Ruberoid (now deceased) was "in charge." With respect to non-asbestos Calsilite, Richard Henry, head of the Industrial Sales Division of GAF (now deceased) was in charge. 51. Please state the amount of asbestos fibers that are required to be in the body to produce the following diseases: a. Pleural asbestosis. b. Parenchymal asbestosis. c. Lung cancer. d. Mesothelioma. ANSWER: Objection. Calls for a medical conclusion. 52. Please state in detail the evidence you intend to offer at the time of trial to show, or prove, that the plaintiff in this case was actually aware of the follow ing dangers from exposure to asbestos: a. Pleural asbestosis. b. Parenchymal asbestosis. c. Lung cancer. d. Mesothelioma. 005FWMDC/052E01 20- ANSWER: This has not yet been determined but will be provided with the defendant's pre-trial order. 53. Has defendant, or its predecessor, or any of its subsidiary companies at any time been members of any "trade organization" or "association" comprised of other manufacturers, miners, marketers and/or sellers of asbestos products? ANSWER: Yes. 54. If the answer to Interrogatory No. 53 is affirmative, state: a. The name and address of each of those asso ciations or organizations. ANSWER: Asbestos Information Association/North America Suite 914 1660 L Street, N.W. Washington, D.C. 20036 National Insulation Manufacturers' ciation, Inc. 441 Lexington Avenue New York, New York 10017 Asso Mineral Fiber Products Bureau, formerly known as Asbestos Cement Product Association New York, New York American Society of Testing Materials Philadelphia, Pennsylvania Thermal Insulation Manufacturers' Association New York, New York National Safety Council New York, New York Industrial Health Foundation New York, New York (but only for the period 1944-46 and 1953) 005FWMDC/052E01 -21- b. The dates during which defendant or its predecessor or any of its subsidiary com panies were members. ANSWER: Unknown except as stated above. c. The names of any publications published by or written by any of the named associations or organizations. ANSWER: Unknown. 55. Have any written materials of any kind or character been prepared by defendant or its predecessor or any of its subsidiary companies or their agents indicating how asbestos products should be used and maintained? Please attach to your answers to these interrogatories true and correct copies of such literature. ANSWER: No. 56. Does defendant have insurance policies that might cover the claims made by plaintiff in this case? ANSWER: GAT objects to this interrogatory on the grounds that it seeks information not relevant to this litigation and is not reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objection, GAF's insurance coverage is in dispute and is the subject of litigation. 57. If the answer to Interrogatory No. 56 is affirmative, list the name of each insurance carrier, the amount of coverage, and the effective dates of each policy. ANSWER: See answer to Interrogatory No. 56. 58. Describe in detail the type of packages in which defendant or its predecessor, or any of its subsidiary companies, sold asbestos material, listing the dates each type of package was used, a physical description of each type of package and a description of any printed material or trademarks that appeared on it. Please attach to your answers to these interrogatories true and correct copies of 005FWMDC/052E01 -22- photographs of the packages in which your products were packed. ANSWER: See answer to Interrogatory No. 5. 59. Does defendant admit that it or its predeces sor or any of its subsidiaries sold asbestos insulation materials in the State of Texas at any time? ANSWER: Yes. 60. If your answer to No. 59 is affirmative, list the dates during which the product was sold. ANSWER: See answer to Interrogatory No. 5. GAF has no list, compilation or abstract existing in discover able form. 61. State the name of each and every witness, including experts, whom you intend to call to testify during the trial of this cause and indicate as to what they are expected to testify. If any of your expert witnesses whom you expect to testify at trial of this cause have furnished you with any sort of written reports, memoranda or any other written information, please identify such writings by attaching a true copy to your answers hereto. ANSWER: This has not yet been determined but will be provided with defendant's pre-trial order. 62. Name by date and source as to when your company, or its predecessor, first suspected there was a health hazard to human beings from exposure to, or breathing of, asbestos dusts, fibers or particles. ANSWER: In approximately 1964, GAF first suspected such a hazard for asbestos insulation users might exist as a result of the reported studies of Dr. Irving Selikoff, although the studies did not relate specifically to GAF Corporation or The Ruberoid Co. 63. Please list and identify in detail each and every document, report, research study, survey, article or 005FWMDC/052E01 -23- journal, both medical and technical, which this defendant will use, or anticipates using, at the time of trial. ANSWER: This has not yet been determined but will be provided with defendant's pre-trial order. 005FWMDC/052E01 24- THE STATE OF MEW JERSEY $SS THE COUNTY OF PASSAIC SSS Deborah 0. Lawson, being duly sworn according to law, daposas aad says that sha is assistant sacratary for dafandant GAF Corporation; that sha is duly authorized to make this affidavit on behalf of said corporation; and that all of tha statements sat forth in the foregoing Answers to Interrogatories are true and correct to tha best of her knowledge, information and belief. SWORN TO AND SUBSCRIBED before me this 2JL r day of g. L^SU ____________ , 1985. SHOU.EE KOZELL NOTARY PUBLIC OF NEW JERSEY MyCHWHtipiMMTAiW CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Answers to Interrogatories was served by mailing a copy by Certified Mail, return receipt requested, to Plaintiff's attorney and by regular mail to all other counsel of record on this 9 ** day of Oc rob*-*" F. Witcher McCullough, -ixF^ 005FWMDC/052E01 -25-