Document 85LBxvX2Y9bLOndNkxk2ddr8o

-A 1 John M. Drath, State Bar No. 045031 Traci E. Wennerholm, State Bar No. 121152 2 David F. Beach, State Bar No, 094847 DRATH, CLIFFORD, MURPHY, WENNERHOLM & HAGEN 3 44 Montgomery Street, Suite 1500 San Francisco, California 94104 4 Telephone: (415) 392-3006 TELEFAX: 5 (415) 391-3348 OF COUNSEL: 6 R. Patrick Baughman, Esq. 7 Susan S. Henderson, Esq. Robert J. Eppich,' Esq. 8 BAUGHMAN & ASSOCIATES CO., L.P.A 55 Public Square, Suite 2215 9 Cleveland, Ohio 44113 Telephone: (216) 687-1244 10 TELEFAX: (216) 621-4066 PLAINTIFF'S EXHIBIT USX-I059 11 Attorneys for Defendant USX CORPORATION 12 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 14 15 IN RE: COMPLEX ASBESTOS 16 LITIGATION 17 18 ) CASE NO.: 828684 ) ) DEFENDANT RESPONSES TO GENERAL ORDER NO. 129 STANDARD INTERROGATORIES TO DEFENDANTS 19 PROPOUNDING PARTY: 20 RESPONDING PARTY: 21 SET NO.: PLAINTIFFS DEFENDANT USX CORPORATION STANDARD INTERROGATORIES TO DEFENDANTS 22 INTERROGATORY NO. 1. J 23 IDENTIFY the person verifying these answers on YOUR behalf. 24 RESPONSE TO INTERROGATORY NO.. 1: 25 Richard F. Lerach, Esq., Senior General Counsel for USX 26 Corporation. 27 INTERROGATORY NO. 2. 28 State the date of first employment with YOU, and the dates 4- 1 T" 1 and titles of each job position the person verifying these 2 interrogatories has held while employed by YOU. 3 RESPONSE TO INTERROGATORY NO. 2: 4 Attorney: April 1, 1968 to July, 1977 5 General Attorney: July 1, 1977 to February 1, 1985 6 Senior General Attorney: February 1, 1985 to present. 7 INTERROGATORY NO. 3. 8 State whether or not YOU are a corporation, and if so, state: 9 A. YOUR correct corporate, name; 10 B. YOUR state of incorporation; 11 C. The date of YOUR incorporation; 12 D. The address of YOUR principal place of business; 13 E. Whether or not YOU have ever held a certificate of 14 authority to do business in the State of California, and if so the 15 inclusive dates of any certificate; 16 F. If YOU are wholly owned or the majority interest of 17 YOUR company is owned by- another business entity, state the 18 entity's name and principal place of business; 19 G. Whether YOU have any business offices in 20 California, and, if so, YOUR principal place of business in 21 California. 22 RESPONSE TO INTERROGATORY NO. 3: 23 "* A. USX Corporation. 24 B. Delaware. 25 C. 1986. 26 D. 600 Grant Street, Pittsburgh, PA. 27 E. Yes. Defendant has been qualified to do business in 28 the State of California since at least 1952. Defendant will 2 r 1 supplement this response should its research determine that it was 2 qualified to do business in the State of California at an earlier 3 date 4 F. Not applicable. 5 G. No. 6 INTERROGATORY NO. 4. 7 Have YOU ever been identified, known, or done business under 8 any other name in the State of California? 9 RESPONSE TO INTERROGATORY NO. 4: 10 Yes. 11 INTERROGATORY NO. 5. 12 If your answer to Interrogatory No. 4 is in the affirmative 13 please state such name or names and the time period during which 14 THIS DEFENDANT was so known or identified. 15 RESPONSE TO INTERROGATORY NO. 5; 16 Columbia Steel Company, from 1930 to 1951; 17 United States Steel, corporation, from 1901 to 1986; 18 Consolidated Western Steel Corporation, from 1928 to 1948 19 INTERROGATORY NO. 6. 20 If YOU are not a corporation, what is YOUR business structure 21 (partnership, joint venture, sole proprietorship, etc.). 22 RESPONSE TO INTERROGATORY NO. 6: 23 Not applicable. 24 INTERROGATORY NO. 7. 25 If YOU are not a corporation, please IDENTIFY all persons or 26 other entities with an ownership interest in YOU. 27 RESPONSE TO INTERROGATORY NO. 7: 28 Not applicable. 3 1 INTERROGATORY NO. 8. 2 If you are not a corporation, please state the following: 3 A. The address where the HISTORICAL RECORDS of THIS 4 DEFENDANT are currently located; and 5 B. The name, job title and current address of the 6 Custodian for THIS DEFENDANTS HISTORICAL RECORDS. 7 As used herein, "HISTORICAL RECORDS" shall include all 8 DOCUMENTS relating to the formation of THIS DEFENDANT, all minutes 9 of partners', general partners', or other owners' meetings, and 10 all DOCUMENTS relating to THIS DEFENDANT'S merger with, 11 acquisition of or purchase or sale of or by any other COMPANY. 12 RESPONSE TO INTERROGATORY NO. 8: 13 Not applicable. 14 INTERROGATORY NO. 9. 15 IDENTIFY YOUR custodian of Business Records. 16 RESPONSE TO .INTERROGATORY NO. 9: 17 John Grossman. 18 INTERROGATORY NO. 10. 19 IDENTIFY the person or persons most knowledgeable about: 20 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS 21 CONTAINING PRODUCTS; 22 B. YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING 23 PRODUCTS; 24 C. YOUR contracting with others to do work involving 25 use or handling of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS. 26 // 27 RESPONSE TO. INTERROGATORY NO. 10: 28 As to RAW ASBESTOS, USX responds as follows: not applicable. 4 T 1 As to ASBESTOS-CONTAINING PRODUCTS, USX objects on the basis 2 the interrogatory is overly broad as to time and scope. Without 3 waiving any objections, USX maintained hundreds of different 4 facilities over the years and no one person could have knowledge 5 as to the acquisition, use or contract work involving ASBESTOS6 CONTAINING PRODUCTS at all of the various facilities. Plaintiffs 7 have conducted depositions in the past in reference to company 8 representatives with the greatest overall knowledge. USX is 9 presently unaware of any other persons with more knowledge. 10 INTERROGATORY NO. 11. 11 For DEFENDANTS involved in the MARKETING of ASBESTOS12 CONTAINING PRODUCTS state the IDENTITY of physicians, medical 13 directors and/or industrial hygienists -employed by YOU during the 14 time frame or prior to the time YOU discontinued the marketing of 15 such products. All other DEFENDANTS need only respond as to 16 medical directors and/or industrial hygienists or physicians 17 employed in the area of employee health and safety. PREMISES 18 owners and domestic corporations need only respond as to the 19 United States. 20 RESPONSE TO INTERROGATORY NO. lit 21 USX has employed the following persons in the following positions: 22 Corporation Medical Directors 23 J.J. Schwerha, M.D., 1982 - present; General Manager and 24 Medical Director Health Services 25 Merle Bundy, MD. 1968 - 1982 (retired). Director - Industrial 26 Medicine 27 Robert O'Connor, M.D. (deceased), 1955 - 1968, Corporate 28 Medical Director 5 1 Hugh Wagner, MD.~, (deceased) 1925(?)- 1955, Chief Surgeon 2 Corporate Industrial Sygiene Directors 3 John B. Masaitas,. CIH, 1991 - 1996 (retired), Manager 4 Industrial Hygiene 5 Frederick M. Toca, Ph.D., CIH, CSP 1981-1991 6 W.C. Janes (deceased), 1973 - 1980, Assistant Director of 7 Industrial Hygiene 8 Kenneth M. Morse (deceased), 1951 - 1973 Director of 9 Environmental Health. 10 INTERROGATORY NO. 12. 11 Has any employee of THIS DEFENDANT testified by deposition or 12 at trial on behalf of THIS DEFENDANT in a third-party case, in 13 which THIS DEFENDANT was a party, wherein the plaintiff has 14 alleged an asbestos-related injury? If so, for each such third15 party case (except that Premises Defendants and Contractor 16 Defendants need answer only with respect to cases relating to 17 sites within the GEOGRAPHIC AREA) please state: 18 A. The caption and case number; 19 B. The court filing including state and county; 20 C. The date of deposition or trial testimony; 21 D. The name and address of plaintiffs counsel of 22 record; 23 E. The name and address of the court reporter. 24 RESPONSE TO INTERROGATORY NO,-12; Yes. 25 John B. Masaitis 26 A. In.re: Complex-Asbestos Litigation. No. 828 684. 27 B. In the Superior Court of California in and for the 28 City and County of San Francisco; 6 T - 4t 1 C. December 11, 1991; 2 D. Brayton Harley Curtis, 222 Rush Landing Road, 3 Novato, CA 94948; 4 E. Tooker & Antz, 131 Steuart Street, Suite 201, San 5 Francisco CA 94105. 6 John B. Masaitis 7 A. Harold James Dennis vs. Abex.Corporation, et. al.. 8 No. 943238; 9 B. In the Superior Court of California in and for the 10 City and County of San Francisco; 11 C. December 3, 1992; 12 D. Brayton Harley Curtis, 222 Rush Landing Road, 13 Novato, CA 94948; 14 E. Tooker & Antz, 131 Steuart Street, Suite 201, San 15 Francisco CA 94105. 16 Tan Matosian 17 A. Joseph W. Balesteri.vs. United States Steel 18 Corporation, et. al.. No. 245870; 19 B. In the Superior Court of California, County of 20 Contra Costa; 21 C. August 2 and 7, 1985; 22 D. George W. Kilbourne, Attorney at Law, 1304 Willow 23 Street, Martinez, CA 94553; 24 E. Zandonella Reporting Service, 2827 Concord Blvd., 25 Concord CA, 94519. 26 Tan Matosian 27 A. Svcbert Fairchild, et. al... vs. Abex Corporation, 28 et. al.. No. 922508; 7 T 1 B. In the Superior Court of San Francisco in and for 2 the City and County of San Francisco; 3 C. ' February 19, 1992; 4 D. Brayton Harley Curtis, 222 Rush Landing Road, 5 Novato, CA 94948; 6 E. Tooker & Antz, Certified Court Reporters, 131 7 Stueart Street, Suite 201, San Francisco CA 8 Tan Matosian 9 A. Richard 5. Sorensen and Marv Ella Sorensen v. Abex 10 Corporation, et. al.f No. 953470; 11 B. In the Superior Court of California in and for the 12 city and County of San Francisco. 13 C. August 8, 1985 14 D. Brayton Harley Curtis, 222 Rush Landing Rd., Novato, 15 CA 94948 16 E. Not Available; 17 John B. Masaitis 18 A. William Anderson v. USX Corp., fka USS Corp, et al.. No. 19 M88-71663. 20 B. U.S. District court Eastern District of Michigan, 21 Southern Division. 22 C. April 29, 1991 23 -* D. The Jacques Admiralty Firm, 1370 Penobscot Building, 24 Detroit, Michigan 48226. 25 E. Gary John Giblin, CSR-2625 N.P., Wayne County Michigan. 26 John B. Masaitie 27 A. In re; Asbestos IV Case No. 95-C-8888 28 B. In the Circuit Court of Kanawha County, WVA. 8 T - 1 C. June 29, 1995 2 D. Goldberg, Persky, Jennings & White, P.C., 1030 Fifth 3 Ave., Pittsburgh, PA 15219. 4 E. Jacquelyn P. Grove, N.P., Morse. Gantuerg & Hodge, Inc t 5 Pittsburgh, PA 15219. 6 John B. Kasaihis 7 A. Mike Norman v. A.C. Products Liability Trust, et. al.. 6 No. 94-421061NP 9 B. State of Michigan, In the Circuit Court tor the County 10 of Wayne. 11 C. December 8, 1995. 12 D. Robert Swickle 13 E. Marsia L. Gasper, Steffan & Stauffer, LTD 14 Don Vickers 15 A. In Re: Asbestos IV No. 95-0-8888 16 B. In the Circuit Court of Kanawha County, WA 17 C. July 7, 1995 18 D. Goldberg, Persky, Jennings & White, P.C., 1030 Fifth 19 Ave., Pittsburgh, PA 15219 20 E. Joanne Greenway, Speedy Reporters Service, P.O. Box 21 1942, Athens, GA 30603. 22 Rockwood Reed, Jr. 23 x A. In Re: Asbestos Personal Injury Cases, Abrams Lead No. 24 88-5422 (2). 25 B. In the Circuit Court of Jackson County, MS. 26 C January 14, 1993 27 D. Ness Motley, Richardson & Poolee, Two Charles 28 Street, Providence, RI 02904. 9 T - wi- 1 2 E. Diane Gaudet, A. William Roberts, Jr. & Assoc., 3 Charleston, SC 4 INTERROGATORY NO. 13. 5 For each of the following, please state whether, at any time 6 within the time frame or until such time as any defendant which 7 had been engaged in MARKETING RAW ASBESTOS or ASBESTOS-CONTAINING 8 PRODUCTS discontinued the MARKETING of such products, THIS 9 DEFENDANT was a member or paid dues for any representative of THIS 10 DEFENDANT (excluding faculty members of educational institutions) 11 to be a member of the following: 12 A. American Conference of Governmental Industrial 13 Hygienists; 14 B. American Industrial Hygiene Association; 15 C. American Petroleum Institute; 16 D. American Railroad Association; 17 E. Asbestos Cement Producers Association; 18 F. Asbestos Information Association (AIA)(please 19 answer through date of your answers); 20 G. Asbestos Information Association/North America 21 (AIA/NA)(please answer through date of your answers); 22 H. Asbestos Textile Institute (A-); 23 I. Industrial Hygiene Foundation and/or Industrial 24 Health Foundation (IHF); 25 J. Industrial Mineral Insulation Manufacturers 26 Institute; 27 K. Magnesia Insulation Manufacturers' Association; 28 L. Magnesia Silica Insulation Manufacturers 10 T - Jt 1 Association; 2 M. 3 N. 4 (NIMA); Mineral Wool Institute; _National Insulation Manufacturers Association 5 0. National Safety Council; 6 P. New York Academy of Sciences; 7 Q. Quebec Asbestos Mining Association (QAMA); 8 R. Refractories Institute; 9 S. Safe Building Alliance, (please answer through date 10 of your answers); 11 T. Thermal Insulation Manufacturers Association 12 (TIMA); 13 U. U.S. Maritime Commission; 14 V. IDENTIFY any other organizations, associations or 15 groups of manufacturers, miners, distributors, importers. 16 labelers, suppliers, and/or sellers of ASBESTOS-CONTAINING 17 PRODUCTS of which THIS DEFENDANT was a member; 18 W. IDENTIFY any such representative of THIS DEFENDANT. 19 RESPONSE TO INTERROGATORY NO. 13: 20 A. No. 21 B. Yes (1950-1992; 1992-present, only selective 22 individuals in the Industrial Hygiene department) 23 * C. Yes (1948-1982) 24 D No. 25 E. No. 26 F. No. 27 G. No. 28 H. No. 11 T 1 I. Yes. (1935-1977, 1980-1981, 1984-1986) 2 J. No. 3 K. No. 4 L No. 5 M. No. 6 N. No. 7 0. Yes. (From 1932 to the present). 8 P. No. 9 Q. No. 10 R. No. 11 S. No. 12 T. No. 13 U. NO. 14 V. USX has never been a member of any association or 15 trade organization of asbestos manufactures, miners, distributors. 16 labelers, suppliers, and/or sellers of asbestos-containing 17 products. 18 W. Not applicable. 19 INTERROGATORY NO. 14. 20 For each organization, association or other entity identified 21 in YOUR Response to Interrogatory No. 13, please state: 22 A. The dates during which THIS DEFENDANT was a member; 23 B. The name(s) of any publication(s) received by THIS 24 DEFENDANT from such association or organization; 25 C. The name of any committee or subcommittee of which 26 THIS DEFENDANT was a member, and the dates of such committee or 27 subcommittee membership. 28 // 12 T 1 RESPONSE TO INTERROGATORY NO. 14; 2 A. See response Interrogatory No. 13, which is 3 incorporated by this reference as though fully set forth herein. 4 B. Defendant received the Industrial Health. Foundation 5 Diaest. althoucrh it is unclear for how Iona or precisely when. 6 Defendant can verify receipt of only a few issues. Defendant also 7 received periodic bulletins from the National Safety Counsel 8 beginning in the mid-1980's. 9 C. Unknown 10 INTERROGATORY NO. 15. 11 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 12 containing results or conclusions of any studies and/or tests 13 conducted by Bonsib for Standard Oil of New Jersey relating to 14 asbestos exposure in the workplace or the human health 15 consequences of exposure to asbestos? If so: 16 A. Either (1) attach all DOCUMENTS evidencing the 17 information sought in this Interrogatory and its subparts to your 18 answers to these Interrogatories, or (2) attach disks containing 19 such data, or (3) describe such DOCUMENTS with sufficient 20 particularity that they may be made the subject of a request for 21 production of documents. 22 B. State the date upon which THIS DEFENDANT first 23 received such DOCUMENTS; 24 C. State the IDENTITY of the custodian of such 25 DOCUMENTS. 26 D. This interrogatory does not apply to DOCUMENTS 27 contained in a library maintained by a DEFENDANT hospital or a 28 DEFENDANT'S library providing access to the general public. 13 T - Jt 1 RESPONSE .TO INTERROGATORY WO. 15; 2 knowledge, no. 3 A - D: Not applicable. 4 INTERROGATORY NO. 16. To the best of defendant's 5 Had THIS DEFENDANT prior to 1973 received a copy or any 6 portion of any studies and/or tests conducted by any insurance 7 company, including but not limited to Metropolitan Life Insurance 8 Company and Aetna'Insurance relating to asbestos exposure in the 9 workplace or the human health consequences of asbestos? If so: 10 A. Either {1} attach all DOCUMENTS evidencing the 11 information sought in this Interrogatory and its subparts to your 12 answers to these Interrogatories, or (2) attach disks containing 13 such data, or (3) describe such DOCUMENTS with sufficient 14 particularity that they may be made the subject of a request for 15 production of documents. 16 B. State the date upon which THIS DEFENDANT first 17 received such DOCUMENTS; 18 C. State the IDENTITY of the custodian of such 19 DOCUMENTS. 20 D. This interrogatory does not apply to DOCUMENTS 21 contained in a library maintained by a DEFENDANT hospital or a 22 DEFENDANT'S library providing access to the general public. 23 RESPONSE TO INTERROGATORY NO_, 16: To the best of defendant's 24 knowledge, no. 25 INTERROGATORY NO. 17. 26 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 27 containing results or conclusions of any studies and/or tests 28 conducted by any laboratory, including but not limited to, the 14 T - jT 1 Saranac Laboratory relating to asbestos exposure in the workplace 2 or the human health consequences of exposure to asbestos? If so: 3 A. Either (1) attach all DOCUMENTS evidencing the 4 information sought in this Interrogatory and its subparts to your 5 answers to these Interrogatories, or (2) attach disks containing 6 such data, or (3) describe such DOCUMENTS with sufficient 7 particularity that they may be made the subject of a request for 8 production of documents. 9 B. State the date upon which THIS DEFENDANT first 10 received such DOCUMENTS; 11 C. State the IDENTITY of the custodian of such 12 DOCUMENTS. 13 D. This interrogatory does not apply to DOCUMENTS 14 contained in a library maintained by a DEFENDANT hospital or a 15 DEFENDANT'S library providing access to the general public. 16 RESPONSE TO INTERROGATORY NO. 17: Yes. 17 A. Hazards of Asbestosis with Ship Repair (abstract) 18 Pellet Analysis 19 B. Late 1970's - December 15, 19(75)? 20 C. Baughman & Associates, Co., L.P.A., 21 55 Public Square, Suite 2215 Cleveland, Ohio 44113 22 INTERROGATORY NO. 18. ' 23 Had THIS DEFENDANT (except for a defendant that is an 24 educational institution) prior to 1973 ever maintained a library 25 (or libraries) which contained books, articles, periodicals. 26 journals and/or reference materials that related to the subjects 27 of asbestos, industrial hygiene, medicine, safety and/or 28 occupational disease. If so, state: 15 T 1 A. The date each such library was established; 2 B. The location of each such library; 3 C. The IDENTITY of ear:h librarian or other person in 4 charge of such library. 5 RESPONSE TO INTERROGATORY. NO. 18: Yes. 6 (A)-(B) USX's Medical and Industrial Hygiene Departments 7 have maintained an informal library since the late 1930's. The 8 library is located at USX's corporate headquarters in Pittsburgh, 9 PA. 10 C. The individuals responsible for the medical and 11 industrial hygiene library have included: 12 Joseph Schwerha, M.D. 13 Merle Bundy, M.D. 14 Robert O'Connor, M.D. (Deceased). 15 J. Hubert Wagner, M.D. (Deceased). 16 INTERROGATORY NO. 19. 17 With the exception of OSHA compliance, had THIS DEFENDANT 18 (except for a defendant that is an educational institution) prior 19 to 1980 exchanged DOCUMENTS or communicated with any person or 20 other COMPANY expressly regarding the results of tests and/or 21 studies relating to asbestos exposure in the workplace or the 22 human health consequences of exposure to asbestos? If so, state: 23 .* A. Each person or COMPANY with whom the information 24 was exchanged or to whom it was communicated. 25 B. The date(s) of any such exchanges or 26 communications; 27 C. The IDENTITY of the custodian of such DOCUMENTS. 28 // 16 T - V* 1 RESPONSE TO INTERROGATORY NO. 19: 2 To the best of USX's knowledge. No. 3 INTERROGATORY NO. 20. 4 Has any employee or designee of THIS DEFENDANT testified as a 5 representative of THIS DEFENDANT before the Occupational Safety 6 and Health Administration, the National Institute of Occupational 7 Safety and Health, or any committee or subcommittee of the United 8 States Congress relating to asbestos exposure in the workplace or 9 the human health consequences of exposure to asbestos? If so. 10 please state: 11 A. The entity before whom such testimony was given; 12 B. The date(s) and location{s) of such testimony; 13 C. The IDENTITY of the individual<s) who so testified; 14 D. Whether any DOCUMENTS were presented to the entity 15 before which testimony was given; 16 E. Whether copies of DOCUMENTS presented were retained 17 by THIS DEFENDANT and if so, state the IDENTITY of the custodian 18 of such DOCUMENTS. 19 RESPONSE TO INTERROGATORY NO. 20: 20 To the best of USX's knowledge. No. 21 INTERROGATORY NO. 21. 22 Has THIS DEFENDANT (except for a defendant that is an 23 educational institution) conducted, or caused to be conducted. 24 tests, and/or studies of ambient asbestos dust created during 25 the manufacture, processing and/or assembling for sale of 26 ASBESTOS-CONTAINING PRODUCTS? If so state: 27 A. Each manufacturing facility, including location and 28 address, at which any such test and/or study was conducted; 17 T -- 1 B. The date of each such test and/or study; 2 C. The individual(s) or entity conducting each such 3 test and/or study; 4 D. 'Whether THIS DEFENDANT has any DOCUMENTS containing 5 the results and/or conclusions of each such study; 6 E. The IDENTITY of the custodian of such DOCUMENTS. 7 RESPONSE TO INTERROGATORY NO. 21; 8 As to environmental health surveys relative to the 9 manufacture of its asbestos-containing electrical wire and cable 10 products. 11 A. USS Electrical Cable Division, Ballard Street, 12 Warchester, MA. 13 B. January and June 1965, March 1966', April 1972, January 14 and September 1973, March and November 1974, July 1975, March 1976 15 and February 1977. 16 C. U.S. Steel Department of Industrial Hygiene and 17 Massachusetts Department of Labor and Industries. 18 D. Yes. 19 E. Baughman & Associates Company, LPA, 55 Public Square, 20 Suite 2215, Cleveland, Ohio. 21 INTERROGATORY NO. 22. 22 Has THIS DEFENDANT (except for a defendant that is an 23 educational institution)conducted, or caused to be conducted, any 24 tests and/or studies on ambient asbestos dust levels at any 25 location or job site where ASBESTOS-CONTAINING PRODUCTS were 26 installed, utilized or removed? If so, for the first 5 tests 27 and/or studies, state: 28 A. The location, including name and address, at which 18 T -A 1 each such test and/or study was conducted; 2 B. The individual(s) or entity conducting each such 3 test and/or study; 4 C. The date of each such test and/or study; 5 D. Whether THIS DEFENDANT has any DOCUMENTS containing 6 the results and/or conclusions of each such test and/or study; 7 E. The IDENTITY of the custodian of such DOCUMENTS. 8 PgSPON.SE.TQ__INTEBROGATORY NO. 22; Yes. 9 1- (a) Worcester Works Plant, Worcester, 10 Massachusetts, U.S. Steel. 11 (b) H.E. Bumstead and J.B Masaitis. 12 (c) January 20-23 and June 21-24, 1965. 13 (d) Yes. 14 (e) Baughman & Associates, Co., LPA., 55 Public 15 Square, Suite 2215, Cleveland, Ohio 44113. 16 2. (a) Worcester Works Plant, Worcester, 17 Massachusetts, U-S Steel. 18 (b) Kenneth M. Morse, Director Environmental 19 Health. 20 (c) April 26-28, 1972. 21 (d) Yes. 22 (e) Baughman & Associates Co., LPA., 55 Public 23 Square, Suite 2215, Cleveland, Ohio 44113. 24 3. (a) Neville Island Plan, Pittsburgh, PA, U.S. 25 Steel. 26 (b) Jack Masaitis, Environmental Health Engineer. 27 (c) August 29-30 and September 7-8, 1972 28 (d) Yes. 19 1 (e) Baughman & Associates Co., L.P.A., 55 Public 2 Square, Suite 2215, Cleveland, Ohio 44113. 3 4. (a) Trenton Plant, Trenton, NJ, U.S. Steel 4 (b) Rich Fischoff, Environmental Health Engineer. 5 (c) September 6 and 7, 1972. 6 (d) Yes 7 (e) Baughman & Associates, Co., L.P.A., 55 Public 8 Square, Suite 2215, Cleveland, Ohio 44113. 9 INTERROGATORY NO. 23. 10 Did THIS DEFENDANT (except for a defendant that is an 11 educational institution) have any laboratory or other similar type 12 of facility anywhere in the United States at which it conducted, 13 or caused to be conducted any tests and/or studies of ASBESTOS14 CONTAINING PRODUCTS or RAW ASBESTOS relating to the health 15 consequences of asbestos or the dust generated by any use of 16 asbestos or ASBESTOS-CONTAINING PRODUCTS? If so, state: 17 A. The location, including name and address, at which 18 each test and/or study was conducted; 19 B. The individual(s) or entity conducting each such 20 test and/or study; 21 C. The date of each such test and/or study; 22 D. Whether THIS DEFENDANT has any DOCUMENTS containing 23 the-' results and/or conclusions of each such test and/or study; 24 E. The IDENTITY of the custodian of such DOCUMENTS. 25 RESPONSE -T.0 INTERROGATORY NO. 23: 26 As to its electrical wire and cable products, not to the best 27 of USX's knowledge, because the chrysotile in USX's asbestos28 containing electrical wire and cable was not believed or known to 20 T 1 present health hazards at the levels of concentration used and in 2 view of the encapsulation of fibers. 3 INTERROGATORY NO. 24. 4 Has THIS DEFENDANT made available to its employees a medical 5 examination program to determine the absence or presence of 6 asbestos-related disease? If so, state: 7 A. Whether chest x-rays or pulmonary function tests were 8 part of such program(s); 9 B. Whether participation in any such program was a 10 mandatory condition of employment or was voluntary; 11 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 12 D. The IDENTITY of the custodian of such DOCUMENTS.- 13 RESPONSE TO INTERROGATORY NO.24; 14 (A)-(B) Although not implemented necessarily to determine 15 the presence of asbestos-caused diseases, USX has conducted 16 pre-employment physical examinations of personnel since at least 17 the 1940's. USX has also, required certain workers, such as 18 maintenance workers, carpenters, plumbers, and electricians, to be 19 examined on a yearly basis. Also, USX implemented a medical 20 surveillance program as required by the Occupational Safety and 21 Health Administration's Asbestos Standard. Chest x-rays and 22 pulmonary function tests were part of USX's pre-employment 23 examinations since approximately 1971. These programs were 24 mandatory. 25 C. Yes. 26 D. John Grossman, 600 Grant Street, Pittsburgh, PA. 27 INTERROGATORY NO. 25. 28 Prior to 1973, did any person file a Workers' Compensation 21 T * 1 claim for asbestos-related injury against THIS DEFENDANT or 2 against any Workers' Compensation insurance carrier which provided 3 coverage for THIS DEFENDANT? If so, state the total number of such 4 claims and, for the first 20 such claims state: 5 A. The date of such claim; 6 B. The name of the claimant; 7 C. The case number; 8 D. The court in which the claim was filed; 9 E. The IDENTITY of THIS DEFENDANTS' custodian of 10 DOCUMENTS evidencing such claims. 11 RESPONSE TO INTERROGATORY NO. 25: 12 No. 13 INTERROGATORY NO. 26. 14 Does THIS DEFENDANT have insurance available to cover 15 judgment() entered against it in asbestos-related personal injury 16 lawsuits? If so, state: 17 A. The name and principal place of business of any 18 insurance carrier who has issued such policy of insurance; 19 B. The number and effective date of each policy; 20 C. The amount(s) of coverage of each policy; 21 D. The applicable dates of coverage. 22 RESPONSE TO INTERROGATORY NO. 26: 23 ^ No. 24 INTERROGATORY NO. 27. 25 State whether YOU have controlled, purchased, or in any way 26 acquired any controlling interest in any corporation or business 27 entity which has mined, manufactured, produced, processed. 28 compounded, sold, supplied, distributed and/or otherwise placed 22 T - 1 RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS in the stream of 2 commerce. If so, state: 3 A. The name and address of said corporation or 4 business entity; 5 B. The dates YOU controlled, purchased or acquired any 6 interest; and 7 C. The nature of the business as it pertains to 8 asbestos. 9 RESPONSE TO INTERROGATORY NO. 27: 10 USX never controlled, purchased, or in any way acquired any 11 controlling interest in any corporation or business entity which 12 has mined, manufactured, produced, processed, compounded, sold, 13 supplied, distributed, and/or otherwise placed raw asbestos in the 14 stream of commerce. As to asbestos-containing products, USX 15 responds as follows: 16 A. Protective Coatings Division of Pittsburgh Chemical 17 Co.; Oil Well Supply Co.. 18 B. 1964 as to Protective Coatings; 1930 as to Oil Well 19 Supply Co. 20 C. Protective Coatings manufactured certain grades of 21 mastic coatings that may have contained asbestos. 22 Oil Well Supply manufactured a centrifugal pump 23 that may have contained an asbestos gasket. 24 INTERROGATORY NO. 28. 25 State whether THIS DEFENDANT, between 1930 and 1985, has ever 26 engaged in the following activities with regard to RAW ASBESTOS, 27 and if so, state the inclusive dates of such activity: 28 A Mining; 23 T -* 1 B. Milling; 2 C. Supply; 3 D. Importing; 4 E. Processing; 5 F. Distribution; 6 G. Marketing; 7 H. Sale; 8 I. Brokering. 9 RESPONSE.TO INTERROGATORY NO. 28; 10 No. 11 INTERROGATORY NO. 29. 12 If YOUR answer to any of subparts of Interrogatory 28 13 regarding RAW ASBESTOS is in the affirmative, state: 14 A. The trade, brand name, and/or generic name of such 15 RAW ASBESTOS milled or MARKETED in any form or quantity between 16 1930 and 1985; 17 B. The date(s) such RAW ASBESTOS was first placed on 18 the market, including the date(s) such RAW ASBESTOS was first 19 marketed; 20 1. On an experimental basis; 21 2. On a test basis; 22 3. For sale. 23 ' 24 C. The date(s) such RAW ASBESTOS: 1. Ceased to be produced; or 25 2. Was recalled from the market, if ever. 26 D. A description of the chemical composition of such 27 RAW ASBESTOS, including the type and/or grade of asbestos; 28 E. A description of the physical appearance and nature 24 T 1 of such RAW ASBESTOS, including any color coding, distinctive 2 marking and/or logo on the packaging or container; 3 F. A detailed description of the intended use of such 4 RAW ASBESTOS, including any temperature limits for each such use; 5 G. Whether such RAW ASBESTOS was on the U.S. 6 Government's "Qualified Products List," and if so, the inclusive 7 dates it was on such list; 8 H. IDENTIFY to whom such RAW ASBESTOS has, at any 9 time, been sold. As to each such, state; 10 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS has, 11 at any time been sold, shipped, used or installed to or at any 12 COMPANY (including power company or utility), governmental agency 13 or entity, shipyard, distributor, refinery, contractor, supplier, 14 PREMISE owner or occupant, ship owner, or other PREMISE or site in 15 the GEOGRAPHIC AREA and whether any of THIS DEFENDANTS RAW 16 ASBESTOS has at any time, been sold to any manufacturer, or 17 manufacturing facility, .of ASBESTOS-CONTAINING PRODUCTS If so 18 state: 19 1. The names of each such COMPANY, governmental 20 agency or entity, shipyard, distributor, supplier, manufacturer or 21 refinery; 22 2. The inclusive dates of each such sale, and the 23 amount (quantity) and the trade brand name of such RAW ASBESTOS 24 sold; 25 3. The manner of shipment (e.g. boat, rail, etc.) 26 4. Whether you have any records indicating any 27 such sale or shipment and, if so, the name, address and job 28 classification of each person who currently has possession of such 25 T - 1 records. 2 5. Either (1) attach all DOCUMENTS evidencing the 3 information sought in this Interrogatory and its subparts to your 4 answers to these Interrogatories, or (2) attach disks containing 5 such data, or (3) describe such DOCUMENTS with sufficient 6 particularity that they may be made the subject of a request for 7 production of documents. 8 RESPONSE TO INTERROGATORY NO. 29: 9 Not applicable. 10 INTERROGATORY NO. 30. 11 Between 1930 and 1985, did YOU ever engage in any of the 12 activities listed below with regard to ASBESTOS-CONTAINING 13 PRODUCTS? If so, state the inclusive dates of such activity: 14 A. Supply; 15 B. Importing; 16 C, Distribution; 17 D. Marketing; 18 E. Sale; 19 F. Labeling; 20 G. Manufacturing; 21 H. Brokering. 22 RESPONSE TO INTERROGATORY NO. 30: 23 Yes. 24 A. 1891 to 1977. 25 B. No. 26 C. 1899 to 1977. 27 D. 1899 to 1977. 28 E. 1899'to 1977. 26 T 1 F. 1899 to 1977. 2 G. 1899 to 1977. 3 H. No. 4 INTERROGATORY NO. 31. 5 If your answer to any subpart of Interrogatory No. 31 6 regarding ASBESTOS-CONTAINING PRODUCTS is in the affirmative, 7 state: 8 A. The trade, brand name, and/or genetic name of each 9 such ASBESTOS-CONTAINING PRODUCTS MARKETED in any form or quantity 10 between 1930 and 1985; 11 B. The date(S) each such ASBESTOS-CONTAINING PRODUCT 12 was first placed on the market, including the date(s) each- such 13 ASBESTOS-CONTAINING PRODUCT was first MARKETED; 14 1. On an experimental basis; 15 2. On a test basis; or 16 3. For sale. 17 C. The date(s) each such ASBESTOS-CONTAINING PRODUCT: 18 1. Ceased to be produced; or 19 2. Was recalled from the market, if ever 20 D. A detailed description of the chemical composition 21 of each such ASBESTOS-CONTAINING PRODUCT, including the type 22 and/or grade of asbestos and/or asbestos fiber contained in each 23 such product and the quantitative percentage of asbestos or 24 asbestos fiber in each such product, and all non-asbestos 25 components of the ASBESTOS-CONTAINING PRODUCT, and if the chemical 26 composition changed over time, the inclusive dates of each 27 formulation; 28 E. A description of the physical appearance and nature 27 T * 1 of each such ASBESTOS-CONTAINING-PRODUCT, including any color 2 coding, distinctive marking and/or logo, either on the product or 3 on the packaging; 4 F. A detailed description of the intended use of each 5 such ASBESTOS-CONTAINING PRODUCT, including any temperature limits 6 for each such use; 7 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on 8 the U. S. Government's "Qualified Products List," and if so, the 9 inclusive dates it was on such list; 10 H. The name and address of the supplier of the RAW 11 ASBESTOS used in each such product and the time period of such 12 supply; 13 I. Whether any of THIS DEFENDANTS RAW ASBESTOS OR 14 ASBESTOS-CONTAINING PRODUCTS have, at any time, been sold, 15 shipped, or otherwise distributed to any COMPANY (including power 16 company or utility), governmental agency or entity, shipyard, 17 distributor, refinery, contractor, supplier, manufacturer, PREMISE 18 owner or occupant, ship owner, or other PREMISE or site in the 19 GEOGRAPHIC AREA If so, state: 20 1. The names of each such COMPANY, governmental 21 agency or entity, shipyard, distributor, supplier, manufacturer, 22 refinery, contractor, PREMISE owner or occupant, ship owner, 23 PREMISE or site; 24 2. The inclusive dates of each such sale, 25 shipment, distribution, use or installation and the amount 26 (volume) and the trade or brand name of each such ASBESTOS27 CONTAINING PRODUCT sold; 28 3. Whether you have any records indicating any 28 T 1 such sale, shipment, distribution, use or installation and, if so, 2 the name, address and job classification of each person who 3 currently has possession of such records. 4 J. Either (1) attach all DOCUMENTS evidencing the 5 information sought in this Interrogatory and its subparts to your 6 answers to these Interrogatories, or (2) attach disks containing 7 such data, or (3) describe such DOCUMENTS with sufficient 8 particularity that they may be made the subject of a request for 9 production of documents. 10 RESPONSE TO INTERROGATORY WO. 31: 11 A. Amerbestos and certain types of Tiger Brand wire 12 and cable. Insul-Mastic for mastic coatings; Wilson Snyder for 13 centrifugal pumps. 14 B-l to B-3. At least one type of asbestos-containing 15 cable was offered in 1910. USX has been unable to locate records 16 which would indicate when each of its various types of wire and 17 cable products were placed on the market. Insul-Mastic was on the 18 market when USX purchased the company. Unknown as to centrifugal 19 pumps. 20 C-l. 1977 at the latest, as to wire and cable. Since 21 1960 as to mastic coatings. Unknown as to centrifugal pumps. 22 C-2. Not applicable. 23 D. USX's asbestos-containing-wire and cable contained 24 annealed, uncoated copper conductors; varnish cambric; saturants; 25 encapsulated chrysotile asbestos tape, lap, fillers or yarn; 26 silicone rubber, PVC, and/or flame-heat-moisture-resistant 27 finishing compounds. Centrifugal pumps were metal and may have 28 contained an asbestos-containing gasket. Composition of the 29 T 1 gasket, including fiber type, is unknown. Insul-Mastic contained 2 bitumen combined with various amounts of high-grade asphalt and 3 select inert pigments. Some grades contained combinations of mica 4 flakes, asbestos, granulated cork and other additives and 5 pigments. Types of asbestos fiber is unknown. 6 E. Most USX wire and cable products had an 7 identification surface legend showing the "U.S.S. Corp. Tiger 8 Brand" trade name," as well as the specific wire type, size, and 9 voltage. As to mastic coatings and centrifugal pumps, unknown. 10 F. The electrical wire and cable products were 11 designed for use as specialty products in high-temperature 12 industrial applications. The individual-wire and cable products 13 were capable of operating in temperature ranges from 194 to 392 14 degrees Fahrenheit depending upon the application. Insul-Mastic 15 products were intended as industrial protective coatings. 16 Temperature ranges are unknown. Centrifugal pumps were intended 17 for moving liquids. 18 G. The electrical wire and cable products were 19 designed for use as specialty products in high-temperature 20 industrial applications. The individual wire and cable products 21 were capable of operating in temperature ranges from 194 to 392 22 degrees Fahrenheit depending upon the application. Insul-Mastic 23 products were intended as industrial protective coatings. 24 Temperature ranges are unknown. Centrifugal pumps were intended 25 for moving liquids. 26 H. To the best of USX's knowledge, raw asbestos fiber 27 was not purchased for use in its products. 28 I. With respect to its asbestos containing wire and 30 T - -A 1 cable, USX identified two invoices which show delivery of 2 asbestos-containing wire to Northern California, but since the 3 electrical cable division was the central purchasing agent for all 4 electrical wire and cable products, it is unknown if the wire was 5 manufactured by USX. USX may have supplied federal shipyards with 6 asbestos-containing electrical cable pursuant to defense contracts 7 with the U.S. Government through the U.S. Navy Bureau of Ships. 8 USX does not presently have in its possession the requested 9 information regarding any such contracts. As to mastic coatings 10 and centrifugal pumps, unknown. 11 J. See attached document nos. USX 00328 and USX 12 000329. 13 INTERROGATORY NO. 32. (PREMISES DEFENDANTS ONLY) 14 Did YOU install, remove, or handle or contract to have others 15 install, remove, or handle RAW ASBESTOS or ASBESTOS-CONTAINING 16 PRODUCTS at any PREMISES in the GEOGRAPHIC AREA which PREMISES is 17 at issue as to YOU in San Francisco Superior Court asbestos 18 litigation as of the date of your answers to these 19 interrogatories? If so: 20 A. IDENTIFY the PREMISES; 21 B. For each of the PREMISES: 22 1. State the nature of your ownership or 23 possessory interest; 24 2. State the inclusive date of that interest; 25 3. IDENTIFY the party from whom that interest was 26 acquired; 27 4. IDENTIFY the party, if any, to whom that 28 interest was transferred. 31 T - 1 C. IDENTIFY every contract to which YOU were a party 2 or of which you have knowledge wherein the performance of such 3 contract involved the installation, removal, disturbing or 4 handling of any RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at 5 YOUR PREMISES. For each such contract: 6 1. IDENTIFY the parties to the contract; 7 2. Provide a general description and specific 8 location of the work to be performed by each party to the 9 contract; 10 3. IDENTIFY and describe the NATURE of the RAW 11 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS installed, removed. 12 disturbed or handled in the performance of the contract; 13 4. State the dates of the contract and the dates 14 of performance; 15 D. Except as provided in response to subpart (c), has 16 any work other than routine maintenance been done on or to the 17 PREMISES that involved the installation, removal, disturbing or 18 handling of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If so, 19 for each such instance: 20 1. State the inclusive dates of the work; 21 2. Provide a general description and specific 22 location of the work; 23 ^ 3. State whether the work was done by YOU and/or 24 YOUR employees. 25 4. IDENTIFY and describe the NATURE of the RAW 26 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS installed, removed, 27 handled or disturbed; 28 5. IDENTIFY from whom the RAW ASBESTOS OR 32 T - --^ 1 ASBESTOS-CONTAINING PRODUCTS were acquired. 2 E. Has any asbestos abatement effort been made at the 3 PREMISES? If so, for each such effort: 4 1. IDENTIFY who did the work; 5 2. State the inclusive dates thereof; 6 3. State whether samples were taken and if the 7 samples still exist IDENTIFY the custodian of the samples; 8 4.' State whether any material was tested, and, if 9 so, what were the results of each test; 10 5. IDENTIFY each test result with sufficient 11 particularity for purposes of a request for production of 12 documents, or, in the alternative, attach a copy to YOUR answers 13 to these interrogatories. 14 F. Except for insurance coverage litigation, have you 15 filed suit against, or otherwise sought to recover from, any 16 person or entity for some or all of the cost of asbestos abatement 17 or for the property damage allegedly caused by the presence of RAW 18 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS on the PREMISES 19 identified in response to subpart (A) above? If so: 20 1. IDENTIFY the person or entity against whom YOU 21 have filed suit or otherwise sought to recover; 22 2. If YOU have filed suit, state the court in 23 which the action was filed, the date on which it was filed. 24 IDENTIFY all Plaintiffs and Defendants and their counsel of 25 record; 26 3. State whether or not the case has been 27 resolved, and, if so, what was the status or disposition. 28 G. Either (1) attach all DOCUMENTS evidencing the 33 T -* 1 information sought in this Interrogatory and its subparts to your i*L answers to these Interrogatories, or (2) attach disks containing 3 such data, or (3) describe such DOCUMENTS with sufficient 4 particularity that they may be made the subject of a request for 5 production of documents. 6 H. IDENTIFY the person (s) presently most knowledgeable 7 about the information sought in this interrogatory or its 8 subparts. 9 RESPONSE TO INTERROGATORY NO. 32; 10 A. A steel processing plant located at 700 Loverage 11 Road, Pittsburg, California. Defendant has also been sued in San 12 Francisco Superior Court on the basis that it is the successor-in- 13 interest to certain shipbuilding facilities commonly known as 14 "Western Pipe and Steel Shipyard" and "Consolidated Steel 15 Shipyards." 16 B-l to B-2. USX Corporation owned the steel 17 processing plant from January 1930 to April 1, 1986. Defendant 18 never had any ownership interest in the shipyards identified in 19 Interrogatory 32-A above. Further, defendant was not the 20 successor-in-interest to the companies that operated those 21 facilities. 22 B-3. Defendant acquired the plant identified in 32- 23 A above from Columbia Steel Corporation. 24 B-4 USS-POSCO Industries. 25 C-l to C-4. USX did not purchase any part of the 26 ship building activities of "Western Pipe & Steel" and 27 "Consolidated Steel Shipyards" (WPS). Such activities ceased 28 prior to the time that Consolidated of California (a successor of 34 T --A 1 WPS) was purchased by Consolidated of Delaware (a predecessor of 2 USX). USX did not obtain any documents related to any such ship 3 building activities. 4 USX sold the steel processing plant in Pittsburg, California 5 on April 1, 1986. The records related to the operation of said 6 steel processing plant were transferred to the new owner, USS7 PQSCO. USX no longer has possession, custody or control of the 8 records concerning the operation of the plant. In addition, USX 9 did not maintain records as to what repairs involved or did not 10 involve the use of asbestos or asbestos-containing products. 11 Therefore, to the extent that records may still be within 12 defendant's possession, custody or control, defendant has no way 13 of readily identifying said contracts that are responsive to this 14 Interrogatory. 15 D. See response 32 C-l to C-4 above. 16 E. Yes. 17 1. Primarily USX employees; 18 2. 1972 - 1986; 19 3. Yes. USX presently has been unable to locate 20 any documents which are responsive to this interrogatory. 21 4. USX is unaware if any materials were tested or 22 not and has been unable to locate any documents which are 23 responsive to this interrogatory. 24 5. Not Applicable. 25 F. Due to the enormous amount of various and. different 26 types of litigation USX has been involved with in the past, USX 27 has yet to determine if such a recovery has been sought. USX will 28 supplement this answer at a later date if such information is 35 T - 1 discovered. 2 G. Not applicable. 3 INTERROGATORY NO. 33. (CONTRACTOR DEFENDANTS only) 4 At any time between 1930 and 1985, did YOU hold a 5 contractor's license in the State of California? If so: 6 A. IDENTIFY each license by type, date and number. 7 B. If on the date of your answers YOU are a defendant 8 in four or more asbestos actions in San Francisco Superior Court, 9 IDENTIFY each job or contract that YOU performed (directly or 10 through one or more subcontractors) during this time period for 11 work in any PREMISES which is at issue as to YOU on such date, and 12 in any PREMISES of 30,000 square feet or more in the GEOGRAPHIC 13 AREA which job or contract involved installation, removal, 14 disturbing or handling RAW ASBESTOS or ASBESTOS-CONTAINING 15 PRODUCTS (Alternatively, at your option, you may IDENTIFY each job 16 or contract YOU performed (directly or through one or more 17 subcontractors) during this time frame for all work or for all 18 work on PREMISES of 50,000 square feet or more in the GEOGRAPHIC 19 AREA) As to each such job or contract: 20 1. IDENTIFY the location (including name of ship, 21 if applicable) where the job or work was performed; 22 2. State the date of the contract or the 23 inclusive dates of the work; 24 3. IDENTIFY the person or .entity with whom you 25 contracted; 26 4. State your job or contract number. 27 C. If on the date of your answers you are not a 28 defendant in four or more asbestos actions in San Francisco 36 T  - J* 1 Superior Court, IDENTIFY each job or contract that YOU performed 2 (directly or through one or more subcontractors) during this time 3 period for work in any PREMISES which is at issue as to YOU on 4 such date. As to each such job or contract: 5 1. IDENTIFY the location (including name of ship e 6 if applicable) where the job or work was performed; 7 2. State the date of the contract or the 8 inclusive dates of the work; 9 3. IDENTIFY the person or entity with whom you 10 contracted; 11 4. State your job or contract number. 12 RESPONSE TO INTERROGATORY NO. 33: 13 Not applicable. 14 INTERROGATORY NO. 34. 15 Did any of the distributors identified in your Answer to 16 Interrogatory Nos. 29 and 31 above have an exclusive 17 distributorship? If so, state the relevant time period. 18 RESPONSE TO INTERROGATORY NO. 34: 19 Not applicable. 20 INTERROGATORY NO. 35. 21 If THIS DEFENDANT entered into any agreements for the 22 rebranding of any ASBESTOS-CONTAINING PRODUCTS by THIS DEFENDANT 23 fort resale or distribution by another person or entity, describe 24 each agreement's terms and the parties to said agreement, the 25 duration of the agreement, and name of each product(s) and/or 26 material(s) covered by each such agreement. 27 RESPONSE TO INTERROGATORY NO. 35: 28 Not applicable. 37 T  -- * 1 INTERROGATORY NO. 36. 2 If THIS DEFENDANT entered into any agreements for the 3 rebranding of ASBESTOS-CONTAINING PRODUCTS manufactured, sold. 4 supplied or distributed by another person or entity for resale or 5 distribution by YOU, describe each of the agreements and the 6 parties to said agreement, the terms, the duration, and the names 7 of each product (s) and/or material{s) covered by each such 8 agreement. 9 RESPONSE TO INTERROGATORY NO. 36;. 10 Not applicable. 11 INTERROGATORY NO. 37. 12 As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING 13 PRODUCT listed in YOUR responses to Interrogatories No. 29 and 31 14 did DEFENDANT warn of the health hazards of asbestos? If so, state 15 for each such warning: 16 A. The content, size, color, and location; whether the 17 warning appeared on the material and/or on the container, and/or 18 was placed on a tag; whether the warning was included in 19 contracts; whether the warning was included in advertising or 20 other promotional materials. 21 B. State whether you have any photographs thereof; 22 C. The inclusive dates on which you used each such 23 waning; 24 D. State all changes you made in such warnings and the 25 dates of such changes; and 26 E. Identify the person most knowledgeable about your 27 warnings and warning policy. 28 // 38 T '* 1 RESPONSE_TO INTERROGATORY NO. 37; 2 As to electrical cable and wire, no because the chrysotile in 3 USX's electrical wire and cable products was not believed or known 4 to be a health hazard at the levels of concentration used and in 5 view of the encapsulation of fibers. As to mastics and 6 centrifugal pumps, unknown. 7 INTERROGATORY NO. 38. 8 With respect'to each of YOUR ASBESTOS-CONTAINING PRODUCTS, 9 state whether THIS DEFENDANT'S name, a trademark, logos, color 10 coding, or other identifying markings ever appeared on the actual 11 product itself. If so, IDENTIFY each such product, state when the 12 practice to place such identifying markings upon the product was 13 begun and when it ended, if applicable, and describe in detail the 14 pertinent marking(s) and the purpose, if any, of such markings. 15 RESPONSE TO INTERROGATORY NO. 38; 16 Most electrical wire and cable products had an identification 17 surface legend showing the "U.S.S. Corp. Tiger Brand" trade name, 18 as well as the specific type and voltage and UL designation if 19 applicable. Relevant dates are presently unknown. At least some 20 mastic coating drums and pails were stenciled with the lot number 21 and store. As to centrifugal pumps, unknown. 22 INTERROGATORY NO. 39. 23 * Between the years 1930 to 1985, did THIS DEFENDANT purchase 24 or otherwise acquire any ASBESTOS-CONTAINING PRODUCT lines from 25 another person or entity? If so, state for each such purchase 26 A. Date of purchase or acquisition; 27 B. Terms of purchase or acquisition agreement; 28 C. Either (1) attach all DOCUMENTS evidencing said 39 , T -* 1 acquisition, or (2) attach disks containing such data, or (3) 2 describe such DOCUMENTS with sufficient particularity that they 3 may be made the subject of a request for production of documents. 4 D. Trade, brand, and/or generic name of each such 5 product line so acquired; 6 E. Name of the person or entity from whom YOU 7 purchased or acquired each such ASBESTOS-CONTAINING PRODUCT line; 8 and 9 F. Location of any manufacturing facilities so 10 acquired, and the type of ASBESTOS-CONTAINING PRODUCTS 11 manufactured therein. 12 response-TO INTERROGATORY NO. 39: 13 See response to interrogatory no. 27. 14 INTERROGATORY NO. 40. 15 Between the years 1930 to 1985, did THIS DEFENDANT sell any 16 ASBESTOS-CONTAINING PRODUCT line to another person or entity? If 17 so, state for each such sale: 18 A. Date of purchase or acquisition; 19 B. Terms of purchase or acquisition agreement; 20 C. Either (1) attach all DOCUMENTS evidencing said 21 acquisition, of (2) attach disks containing such data, or (3) 22 describe such DOCUMENTS with sufficient particularity that they 23 may-*be made the subject of a request for production of documents. 24 D. Trade, brand, and/or generic name of each such 25 product line so acquired; 26 E. Name of the person or entity from whom YOU 27 purchased or acquired each such ASBESTOS-CONTAINING PRODUCT line; 28 and; 40 T " 1 F. Location of any manufacturing facilities so 2 acquired, and the type of ASBESTOS-CONTAINING PRODUCTS 3 manufactured therein. 4 RESPONSE TO INTERROGATORY NO. 40; 5 No as to electrical cable and wire. 6 INTERROGATORY NO. 41. 7 IDENTIFY all brochures, pamphlets, catalogs or other 8 advertising relating to ASBESTOS-CONTAINING PRODUCTS and/or RAW 9 ASBESTOS which THIS DEFENDANT manufactured, sold, distributed or 10 supplied from the year 1930 to 1895. For each such document. 11 state: 12 A. A description of the document; 13 B. The year it was printed; 14 C. The period of time in which it was used; 15 D. The purpose of such document; 16 E. Whether the documents or copies of said documents 17 presently exist; 18 F. If said documents or copies still exist, where they 19 are located; and 20 G. The IDENTITY of the custodian of such documents. 21 RESPONSE TO INTERROGATORY NO. 41; 22 A-G. USS Tiber Brand Electrical Wire & Cable stock 23 List, July 1967; Undated brochure entitled "USS Tiger Brand 24 Electrical Cable, A Full Line for All Industries"; Undated 25 document entitled "This is your personal copy of the new 26 Specifications Manual for USS Tiger Brand Electrical Cables." 27 INTERROGATORY NO. 42. 28 State if YOU have or had within YOUR corporate or other 41 T 1 business structure any CONTRACT UNITS. 2 RESPONSE TO INTERROGATORY NO. 42; 3. No. 4 INTERROGATORY NO. 43. 5 State whether or not any of YOUR CONTRACT UNITS installed 6 and/or removed RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS in 7 the GEOGRAPHIC AREA at any time between 1930 and 1985. If so: 8 A. State the business addresses and name of the 9 CONTRACT UNIT; 10 B. State the inclusive periods of time the CONTRACT 11 UNITS were working in the GEOGRAPHIC AREA; 12 C. State the name and address of each job site within 13 the GEOGRAPHIC AREA and the dates the CONTRACT UNIT worked at 14 those job sites, and, IDENTIFY the RAW ASBESTOS and/or ASBESTOS15 CONTAINING PRODUCTS installed or removed on each occasion; 16 D. Either (1) attach all DOCUMENTS evidencing the 17 information sought in this Interrogatory and its subparts to your 18 answers to these Interrogatories; or (2) attach disks containing 19 such data or (3) describe such documents with sufficient 20 particularity that they made be made the subject of a request for 21 production of documents. 22 RESPONSE TO INTERROGATORY NO. 43: 23 Not applicable. 24 INTERROGATORY NO. 44. 25 When do YOU contend that THIS DEFENDANT first became aware 26 that there is an association between asbestos exposure and disease 27 in human beings? 28 // 42 r - ** 1 RESPONSE TO 'KWqi;^ROGATORY NO. 44: 2 It is difficult to pinpoint an exact date as to when USX 3 became aware of the hazardous potential of asbestos. However, USX 4 was aware of discussions concerning the need to monitor all 5 excessive dust levels in the middle to late 1930's. USX's 6 awareness of the potential dangers associated with different 7 exposures and forms of asbestos and other dusts developed 8 gradually over the years, as did the general public's awareness of 9 such dangers. USX was aware of the publication in the mid-1960's 10 of Irving Selikoff's views on the potential dangers associated 11 with asbestos exposures, and, in 1972, of OSHA promulgated 12 regulations regarding safe exposure levels. 13 INTERROGATORY NO. 45. 14 How do YOU contend that THIS DEFENDANT first became aware 15 that there is an association between asbestos exposure and disease 16 in human beings. 17, RESPONSE TO INTERROGATORY NO. 45: 18 See response to interrogatory No. 44 above. 19 INTERROGATORY NO. 46. 20 Either (1) attach all DOCUMENTS evidencing the information 21 upon which YOUR contentions in YOUR answers to Interrogatories No. 22 44 and No.45 are based, or (2) attach disks containing such data; 23 or'O) describe such DOCUMENTS with sufficient particularity that 24 they may be made the subject of a request for production of 25 documents. 26 RESPONSE TO INTERROGATORY NO. 46: 27 See response to interrogatory No. 44 above. 28 // 43 1 INTERROGATORY MO. 47. 2 When did THIS DEFENDANT first warn its employees that 3 exposure to asbestos could be hazardous to human health? State: 4 A. Whether the first such warning was written or oral; 5 B. Whether copies of DOCUMENTS containing such warning 6 exist; 7 C. The IDENTITY of the custodian of such DOCUMENTS; 8 D. The content of the warning. 9 RESPONSE TO INTERROGATORY NO. 47: 10 It has been USX's policy since at least the 1930's to caution 11 employees about potential hazards of excessive dust inhalation, 12 including but not limited to, asbestos dust. Such warnings were 13 issued in both written and oral form. Such information came 14 generally from the industrial hygiene, medical and safety 15 departments to management at the various facilities. This 16 information was then communicated to employees at regularly held 17 safety meetings. Relevant documents are in the custody of USX's 18 National Asbestos Council, Baughman & Associates, LPA, 55 Public 19 Square, Suite 2215, Cleveland, Ohio 44113. 20 INTERROGATORY NO. 48. 21 Did THIS DEFENDANT ever issue a written COMPANY policy 22 discontinuing warning its employees that exposure to asbestos 23 could be hazardous to human health? If so, 24 A. Provide the date; 25 B. Describe the circumstances; and 26 C. Either (I) attach all DOCUMENTS evidencing the 27 information sought in this Interrogatory and its subparts to your 28 answers to these Interrogatories, or (2) attach disks containing 44 I 1 such data; or (3) describe such DOCUMENTS with sufficient 2 particularity that they may be made the subject of a request for 3 production of documents. 4 RESPONSE TO INTERROGATORY NO. 48; 5 No. 6 INTERROGATORY NO. 49. 7 Did THIS DEFENDANT provide any Independent Contractor or 8 Subcontractor within the GEOGRAPHIC AREA with a written warning 9 that exposure to asbestos could be hazardous to human health. 10 RESPONSE ..TP INTERROGATORY NO, 49; 11 Since at least 1958, it has been-USX's policy to issue the 12 Contractors' Safety Responsibility booklet to management personnel 13 of independent contractors performing work on USX's premises. The 14 booklet outlines USX's procedure whereby the contractor meets with 15 USX's corporate representatives to view the premises and become 16 completely aware of existing conditions and hazards, if any. The 17 booklet also suggests that contractors consult USX's plant safety 18 department regarding the elements of an effective program for the 19 safe performance of work. 20 INTERROGATORY NO. 50. 21 Has THIS DEFENDANT been cited for or otherwise charged by a 22 public agency with a violation in the GEOGRAPHIC AREA of any 23 statute, ordinance, safety order, regulation, or law pertaining to 24 asbestos exposure? For each occasion, IDENTIFY: 25 A. The code section, safety order, statute, or 26 regulation for which THIS DEFENDANT had been cited or otherwise 27 charged; 28 B. The date{s) thereof 45 T - 4* 1 C. The agency or other governmental unit which issued 2 the citation or otherwise charged YOU. 3 D. All persons known to YOU with information relevant 4 to the incident. 5 E. what was the ultimate resolution. 6 RESPONSE TO INTERROGATORY NO. 50: 7 Yes. 8 A. 8CAC5208, 88CAC520BC5. 9 B. 1978 and 1982. 10 C. Cal-OSHA. 11 D. USX is presently unaware of any current employee 12 with such knowledge. 13 E. With respect to the 1978 citation, USX appealed but 14 withdrew the appeal when Cal-OSHA amended the citation to 15 "general/carcinogen" with no penalty. With respect to the 1982 16 citation, USX paid a $1,000 penalty. 17 INTERROGATORY NO. 51. 18 If THIS DEFENDANT has ever owned or operated a railroad, 19 state: 20 A. The IDENTITY of each such railroad, including the 21 name(s) of such railroad during the time period of YOUR ownership 22 and/or operation, the principal place of business of such railroad 23 and* the dates of YOUR ownership and/or operation; 24 B. The geographic area of operation of such railroad; 25 C. The name(s) of such railroad prior to YOUR 26 ownership and/or operation; 27 D. The IDENTITY of the person or entity from whom YOU 28 purchased your ownership or operating interest, and the date of 46 T - Jt 1 such purchase; 2 E. The IDENTITY of the person or entity to whom YOU 3 sold your ownership or operating interest, and the date of such 4 sale; 5 F. Whether copies of DOCUMENTS evidencing your 6 ownership/operation and/or sale exist; 7 G. The IDENTITY of the Custodian of such DOCUMENTS; 8 H. To'the extent that information has not been given 9 in answers to Interrogatory Nos. 32 and 33, the information 10 requested in Interrogatory Nos. 32 and 33, for each railroad owned 11 or operated by YOU. 12 RESPONSE TO INTERROGATORY NO. 51; 13 Not applicable. 14 INTERROGATORY NO. 52. 15 If DEFENDANT has ever owned or operated a shipyard, state: 16 A. The IDENTITY of each such shipyard, including the 17 name(s} of such shipyard during the Lime period of YOUR ownership 18 and/or operation, the place of business of such shipyard and the 19 dates of YOUR ownership and/or operation; 20 B. The name(s) of such shipyard prior to YOUR 21 ownership and/or operation; 22 C. The IDENTITY of the person or entity to whom YOU 23 sold your ownership or operating interest, and the date of such 24 sale; 25 D. Whether copies of DOCUMENTS evidencing your 26 ownership/operation and/or sale exist; 27 E. Whether any representative of THIS DEFENDANT 28 attended the Maritime Commission Conference in December 1942 in 47 T ' 4? 1 Chicago, Illinois? If so, IDENTIFY any such representative of THIS 2 DEFENDANT; 3 F. The IDENTITY of the Custodian of such DOCUMENTS; 4 G. To the extent that information has not been given 5 in answers to Interrogatory No. 32, the information requested in 6 Interrogatory No. 32, for each shipyard owned or operated by YOU. 7 FSSFPNSS to INTERROGATORY NO,._52_l 8 Not applicable. 9 INTERROGATORY NO. 53. 10 At any time between 1930 and 1983, did you import, export, 11 ship, transship or otherwise transport RAW ASBESTOS or ASBESTOS- 12 CONTAINING PRODUCTS into, out of or through any port in the 13 GEOGRAPHIC AREA? If so, for each occasion: 14 A. IDENTIFY and describe the NATURE and amount of RAW 15 ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS; 16 B. IDENTIFY the ship or ships (including the owners 17 and operators thereof) onto or from which the RAW ASBESTOS and/or 16 ASBESTOS-CONTAINING PRODUCTS were loaded, unloaded or 19 transshipped; 20 C. State the dates, port and pier involved for each 21 occasion; 22 D. Either (1) attach all DOCUMENTS evidencing the 23 information sought in this Interrogatory and its subparts to your 24 answers to these Interrogatories, or (2) attach disks containing 25 such data, or (3) describe such DOCUMENTS with sufficient 26 particularity that they may be made the subject of a request for 27 production of documents. 28 // 48 T 1 RESPONSE TO INTERROGATORY WO. 53; 2 As to RAW ASBESTOS, USX responds as follows: Not applicable. 3 As to ASBESTOS-CONTAINING PRODUCTS, USX presently is unaware 4 of any documents which indicate USX imported, exported, shipped, 5 transshipped or otherwise transported ASBESTOS-CONTAINING PRODUCTS 6 into, out off or through any port in the GEOGRAPHIC AREA. 7 Dated: July 24, 1997 8 BY: DRATH, CLIFFORD, MURPHY, WENNERHOLM & HAGEN 9 DAVID F. BEACH 10 Attorneys for Defendant USX CORPORATION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R.\CLIENTS\9A\000\Drf3dfb drift GO topowo.clj 49 1 PROOF OF SERVtCE 2 I, the undersigned, declare that I am over the age of eighteen (18) years and not a party to the within action. 3 My business address is 44 Montgomery Street, Suite 1500, San Francisco, California. 4 On July 24, 1997 I served the within RESPONSES TO GENERAL ORDER NO. 129 5 STANDARD INTERROGATORIES TO DEFENDANTS by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States Post Office in San Francisco. California, addressed 6 as follows: 7 LAW OFFICES OF BRYCE ANDERSON 1985 Bonifacio Street, Suite 102 8 Concord, California 94520 BRAYTON HARLEY CURTIS Post Office Box 2109 Novato, California 94948 9 FRANK FINNEY, ESQ. 2033 North Main Street, Suite 430 10 Walnut Creek. California 94596-4642 JACK K. CLAPPER LAW OFFICES 2330 Marinship Way, Suite 140 Sausaiito, California 94965 11 CHRISTOPHER E. GRELL, ESQ. 685 Market Street, Suite 540 12 San Francisco, California 94105 HARRISON & DEGARMO One Daniel Burnham Court, Suite 220C San Francisco, California 94109-5460 13 VIVIAN R. JOHNSTON 35451 Avenue 12% 14 Madera, California 93638 KAZAN & McLAIN 171 Twelfth Street. Suite 300 Oakland, California 94607 15 McCarthy, johnson & miller 595 Market Street, Suite 2200 16 San Francisco, California 94105 JOHN C. ROBINSON. ESQ. 365 Notre Dame Drive Vallejo. California 94589-1834 17 ROBLES & GONZALES 1 Bayfront Plaza 18 100 South Biscayne Boulevard, Suite 900 Miami, Florida 33131 IS WARTNICK, CHABER, HAROWITZ, 20 SMITH & TIGERMAN 101 California Street, Suite 2200 21 San Francisco, California 94111-5802 JOHN C. SMITH. JR. 1390 Market Street, Suite 702 San Francisco, California 94102 RICHARD K. FIKE Gordon & Rees 275 Battery Street, 20th Floor San Francisco, California 94111 22 I am readily familiar with the firm's practice of collection and processing correspondence/documents for mailing. It is deposited with the United States Postal Service on that same 23 day in the ordinary course of business, i am aware that on motion of the party or parties served that service is presumed invalid if the postal cancellation date or postage meter date is more than one (1) day 24 after the date of depositing for mailing. 25 t declare under penalty of perjury, in accordance with the laws of the State of California, that the foregoing is true and correct. 26 Executed on July 24, 1997. 27 28 lOBE^TA CAMPBELL y/r 1 KENNETH B. PRINDLE, ESQ. (BAR #82691) PETER A. POGUE, ESQ. (BAR# 171003) 2 PRINDLE, DECKER & AMARO 369 Pine Street, Suite 800 3 San Francisco, CA 94104 Tel: (415) 788-8354 4 Fax: (415) 788-3625 5 Attorneys for Defendant, DISCOUNT BUILDERS SUPPLY 6 RECEDED APR 3 r fGOo 0RATH, c- WENNEfi r.'O^:. ''-PHY, - '*AGE/V 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 12 IN RE:COMPLEX ASBESTOS LITIGATION 13 14 15 ) ) ) ) ) ) CASE NO. 828684 DEFENDANT DISCOUNT BUILDERS SUPPLY' AMENDED RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO A1 DEFENDANTS PURSUANT TO GENERAL ORDI NO. .129 16 PROPOUNDING PARTY:- Plaintiffs 17 RESPONDING PARTY: Defendant, DISCOUNT BUILDERS SUPPLY 18 Defendant, DISCOUNT BUILDERS SUPPLY, (herein also referred t 19 as Defendant), hereby responds to Plaintiffs' General Order No. i: 20 Interrogatories To Defendants..as follows: 21 PRELIMINARY STATEMENT 22 The responses herein are given without prejudice to DISCOUI 23 BUILDERS SUPPLY'S right to produce evidence of any subsequent! 24 discovered fact, writing, or interpretation thereof, or to modi: 25 or amend the responses. The information herein is true and corre< 26 to the best knowledge and information of responding party as ( 27 this date after diligent inquiry and is subject to correction f< 28 1 r I errors, mistakes or omissions. 2 The answers to these interrogatories are made without 3 prejudice to Defendant's right to introduce at trial evidence which 4 is presently unknown and/or is discovered subsequent to the date of 5 these answers, and this responding party reserves the right to 6 amend these responses without motion at any time. 7 Responding party is of the opinion that many of General Order 8 No. 129's Standard Interrogatories to All Defendants are 9 objectionable as vague, ambiguous, overbroad, burdensome, not 10 likely to lead to the discovery of admissible evidence and/or 11 violate the Civil Discovery Act of 1986. Responding party notes 12 that the Court-adopted interrogatories are not beyond objection 13 (Nacht & Lewis Architects,. Inc. V. Superior Court (1996) 47 Cal. 14 App.4th 214). However, pursuant to General Order No. 129 Section 15 4.A, the Court has barred insertion of objections, other than to 16 privilege. On that basis, responding party has not asserted these 17 objections, which it would do otherwise. By failing to assert its 18 objections, responding party does not concede that General Order 19 No. 129 4.A. represents a valid and enforceable exercise of the Sar 20 Francisco Superior Court's rule-making powers. 21 Defendant, DISCOUNT BUILDERS SUPPLY hereby responds tc 22 Plaintiffs' Interrogatories pursuant to General Order No. 129 at 23 follows: 24 In responding to these Interrogatories, Responding Party ha: 25 provided information presently available and in compliance wit: 26 California Code of Civil Procedure Section 2030 (C.C.P. Sectio. 27 2030). This Defendant reserves the right to supplement thes 28 Responses as additional evidence or facts become known to it. 2