Document 9J6mb3NGey3mv7959yK4KOdkR

AUG C LO. tV CSo.M 1983 MORGENSTEIN & JUBELIRER ELIOT S. JUBELIRER 2 KARLIN GOULD The Federal Reserve Bank Building 3 101 Market Street, Suite 601 San Francisco, California 94105 4 (415) 896-0666 5 Attorneys For Owens-Illinois, Inc. 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF ALAMEDA 9 10 WILLIE COLEMAN, et al.. 11 Plaintiffs, 12 v. 13 FIBREBOARD CORP., et al. 14 Defendants. 15 ) No. 650495-3 ) ) ) DEFENDANT, ) OWENS-ILLINOIS, INC.'S ) ANSWERS TO PROPOSED ) PLAINTIFF'S FIRST SET OF ) INTERROGATORIES ) ) 16 PROPOUNDING PARTY: 17 RESPONDING PARTY: 18 19 SET NUMBER: REFERENCE: 20 Plaintiffs, WILLIE COLEMAN, et al., Defendant, OWENS-ILLINOIS, INC. One (1) IN RE COMPLEX ASBESTOS LITIGATION No. 607734-9 21 IN RE SHIPYARD AND APPLICATOR ASBESTOS CASES (Consolidated 22 for Discovery) No. 537868-7 23 OWENS-ILLINOIS, INC. by and through its counsel of 24 record hereby responds in writing under oath to plaintiff's 25 first set of interrogatories. 26 27 28 ASBO0-129:06600.00001 -1- L PRELIMINARY STATEMENT 2 Some of the events which may be relevant to the 3 matters inquired about by Plaintiffs* Interrogatories 4 apparently occurred more than thirty-five years ago. In 5 addition, effective April 30, 1958, Owens-Illinois, Inc. 6 disposed of the business involved in this action by way of sale 7 of that business to Owens-Corning Fiberglas Corporation. Since 8 that time, Owens-Illinois, Inc. has not engaged in any such 9 business. It does not now and it has not since that sale 10 manufactured, distributed or sold any asbestos-containing 11 products. As a result of the foregoing factors, many of the 12 individuals who might have had personal knowledge of the matters to which plaintiffs' interrogatories relate are 13 14 deceased, or are otherwise unavailable to Owens-Illinois, Inc., and investigations to date indicate that at least some 15 documents which relate to matters inquired about by these 16 interrogatories may have been transferred to Owens-Corning 17 Fiberglas Corporation with the transfer of the business in 18 19 question in 1958. Owens-Illinois, Inc. is engaged in a continuing investigation in an attempt to locate, confirm the 20 transfer of, or confirm the absence of, such documents and is 21 also engaged in a continuing investigation into the matters 22 inquired about in these interrogatories. Unless otherwise 23 stated in an answer to a specific interrogatory, the answers 24 .set-out-Jhereinafter are limited to the period during which '25 Owens-Illinois, Inc. manufactured asbestos-containing 26 insulation products and to the facilities related to that 27 28 ASB00-129:06600.00001 -2- business. The following is part of and is incorporated by i 2 reference in every answer provided hereinafter: 3 This answer is accurate as of the date made. 4 However, Owens-Illinois, Inc.'s investigation is 5 continuing, and Owens-Illinois, Inc. cannot exclude 6 the possibility that it -may be able to obtain more 7 complete information or even information which 8 indicates that the answer being supplied is 9 incorrect. Owens-Illinois, Inc. objects to answering 10 this interrogatory in regard to any period of time other than the period during which it engaged in the 11 business involved in this case which ended in 12 mid-1958 or concerning any facility not related to 13 14 that business, on the basis that any such answer would be irrelevant to the subject matter of the 15 pending litigation, would not be reasonably 16 calculated to lead to the discovery of admissible 17 evidence, and would be burdensome and oppressive. 18 Furthermore, Owens-Illinois, Inc. objects to the 19 instructions and definitions supplied by plaintiffs with regard 20 to these interrogatories, on the basis that the definitions are 21 overbroad, vague, and often inconsistent with the normal usage 22 and meaning of such words, and the instructions are overbroad, 23 burdensome and constitute an unreasonable expansion of the 24 interrogatories themselves. Owens-Illinois, Inc. therefore------ -- 25 gives noticd that it does not consider itself bound by the 26 instructions and definitions propounded by plaintiffs, and 27 instead shall answer the interrogatories in a manner consistent 28 ASBO0-129:06600.00001 -3- with a normal understanding of the language used in the 2 interrogatory and to the extent necessary to fairly and fully 3 answer the interrogatory. 4 RESPONSE TO INTERROGATORY 1: 5 (a-c) Arthur H. Smith, Assistant Secretary of 6 Owens-Illinois, Inc., One SeaGate, Toledo, Ohio 43666. 7 (d) This defendant objects to this interrogatory on 8 the basis that it seeks information which is not relevant to 9 the subject matter of this litigation and is not reasonably 10 calculated to lead to the discovery of admissible evidence. 11 RESPONSE TO INTERROGATORY NO. 2: 12 (a-d) Owens-Illinois Glass Company was incorporated 13 in the State of Ohio in 1929. Owens-Illinois Glass Company 14 changed its name to Owens-Illinois, Inc. on April 28, 1965. 15 Due to corporate restructuring in 1987, this defendant is now a 16 Delaware corporation. The address of the principal place of 17 business is One SeaGate, Toledo, Ohio 43666. 18 (e) This defendant objects to this interrogatory on 19 the basis that it seeks information which is not relevant to the subject matter of this litigation and is not reasonably 20 calculated to lead to the discovery of admissible evidence. 21 RESPONSE TO INTERROGATORY NO. 3: 22 Owens-Illinois Glass Company changed its name to 23 Owens-Illinois, Inc. on April 28, 1965. Owens-Illinois Glass 24 -Company has- been- retained-as-an---inactive name -saving subsidiary 25 but has no assets or employees. 26 27 28 ASB00-129:06600.00001 -4- RESPONSE TO INTERROGATORY NO. 4; 2 Yes. This defendant has been authorized to conduct 3 business in the State of California since 1944. 4 j RESPONSE TO INTERROGATORY NO. 5: 5 This defendant objects to this interrogatory on the 6 | basis that it seeks information which is not relevant to the 7 subject matter of this litigation and is not reasonably 8 calculated to lead to the discovery of admissible evidence, 9 except as it relates to the period of time during which this 10 defendant engaged in the manufacture and sale of its 11 asbestos-containing products. Without waiving the above 12 objection, this defendant did not have what might be termed a 13 scientific section which is involved in the continuing 14 development of its products. 15 RESPONSE TO INTERROGATORY NO. 6: 16 (a) Kaylo and Kaylo-20. 17 (b-c) Owens-Illinois Glass Company began limited 18 pilot plant operations involving the production of "Kaylo" 19 asbestos-containing products in 1943. It began the manufacture of commercial quantities of "Kaylo" asbestos-containing 20 products in about 1948 and continued such manufacture until 21 about April 30, 1958. 22 (d-e) Thi-s defendant ceased the manufacture, sale 23 and distribution of its asbestos-containing products in 1958. 24 Its investigation as to the composition of each such product, 25 including the type of asbestos contained therein (i.e., amosite 26 or chrysotile) and the quantitative percentage of asbestos, is 27 continuing, although this defendant now believes that this 28 ASBO0-129:06600.00001 -5- products in 1958 and does not have information sufficient to i 2 further answer this interrogatory. 3 (j) This defendant states that it has referred to 4 the relevant business records of the Owens-Illinois Glass 5 Company, which are still in the possession of Owens-Illinois, 6 Inc., in connection with the preparation of answers to these 7 interrogatories unless otherwise indicated. 8 RESPONSE TO INTERROGATORY NO. 7: 9 This defendant does not now and has not in the past 10 engaged in the business of mining, milling, or selling raw 11 asbestos. 12 RESPONSE TO INTERROGATORY NO. 8: 13 This defendant incorporates by reference its answer 14 to Interrogatory No. 6. RESPONSE TO INTERROGATORY NO. 9: 15 This defendant does not now and has not in the past 16 17 engaged in the business of mining, milling, or selling raw asbestos. 18 19 RESPONSE TO INTERROGATORY NO. 10: This defendant did not purchase, mine, use, sell or 20 otherwise acquire crocidolite asbestos. 21 RESPONSE TO INTERROGATORY NO. 11: 22 This defendant does not now and has not in the past 23 engaged in the business of mining, milling, or selling raw 24 asbestos .--------- ------------------------------------------------- - - 25 RESPONSE TO INTERROGATORY NO. 12: 26 (a, d, e) American Structural Products Company, a 27 wholly owned subsidiary of Owens-Illinois Glass Company, 28 ASB00-129:06600.00001 -7- engaged in the manufacture and sale of asbestos-containing i 2 IIi I products from about January, 1948 until about June, 1949 when 3 it became the Kaylo Division of this Owens-Illinois Glass 4 Company. The Kaylo Division of this defendant continued to 5 | i manufacture such products until about April 30, 1958 when it 6 ! was purchased by Owens-Corning Fiberglas Corporation from this 7 defendant effective on that date. As of that time, this 8 defendant ceased the manufacture and sale of 9 asbestos-containing products, and it has not engaged in any 10 such business since that date. (b, c) This defendant objects to this interrogatory 11 on the basis that it seeks information which is not relevant to 12 the subject matter of this litigation and is not reasonably 13 calculated to lead to the discovery of admissible evidence. 14 (f) This defendant's manufacturing plants were 15 located in Berlin, New Jersey and Sayreville, New Jersey. The 16 Berlin plant was in operation from approximately 1943 (as a 17 pilot plant at first) until on or about April 30, 1958. The 18 Sayreville plant was in operation from February, 1948 until 19 about April 30, 1953. 20 (g) Kaylo and Kaylo-20. 21 RESPONSE TO INTERROGATORY NO. 13: 22 No. This defendant does not now and has not in the 23 past engaged in the business of mining, milling, or selling raw 24 asbestos. 25 RESPONSE TO INTERROGATORY NO. 14: 26 This defendant ceased the manufacture, sale and 27 distribution of asbestos-containing products in 1958. This 28 ASB00-129:06600.00001 -8- 1 defendant has not found information in its records sufficient 2 to enable it to answer this interrogatory. 3 RESPONSE TO INTERROGATORY NO. 15; 4 This defendant's manufacturing plants were located in 5 Berlin, New Jersey and Sayreville, New Jersey. The Berlin 6 plant was in operation from approximately 1943 until on or 7 about April 30, 1958. The Sayreville plant was in operation 8 from February, 1948 until about April 30, 1953. 9 RESPONSE TO INTERROGATORY NO. 16: 10 (a, b) This defendant incorporates by reference its 11 answer to Interrogatory No. 15. 12 (c) Kaylo and Kaylo-20. RESPONSE TO INTERROGATORY NO. 17: 13 14 NO. 15 RESPONSE TO INTERROGATORY NO. 18: 16 This defendant ceased the manufacture, sale and 17 distribution of asbestos-containing products in 1958. Its investigation as to information concerning any such United 18 19 States Patents is continuing. However, it appears that the following patents may have been related to this defendant's 20 asbestos-containing products at one time: 21 Patent No. Inventor 22 Issue Date 2,425,610 Finley 23 2,439,724 Finley 08-12-47 04-13-48 RE.23,228 Frasor 24 2,534,303 Serinis 05-09-50 12-19-51 2,540,354 Selden --------- 02-06-51-- 25 2,547,127 Kalousek 04-03-51 2,570,835 Mooney, et al. 10-09-51 26 2,574,667 Shuman 11-13-51 2,665,996 Kalousek 27 2,748,008 Kalousek 01-12-54 05-29-56 28 ASB00-129:06600.00001 -9- 2,787,345 Soubier, et al. 04-02-57 i 2,788,304 Scovronek 04-09-57 2 RESPONSE TO INTERROGATORY NO. 19: 3 (a) Calcium silicate materials. 4 (b) Federal. 5 (c) 6/18/46, 5/11/48, 1/1/57. 6 (d) Trademarks printed or stenciled on containers of i materials. 8 (e) Trademark 421,786 republished 3/2/48. 9 (f) Owens-Illinois Glass Company. 10 (g) Law Department, Owens-Illinois, Inc. 11 RESPONSE TO INTERROGATORY NO. 20: 12 Not applicable to this defendant. This defendant 13 does not now and has not in the past engaged in the business of 14 mining, milling, or selling raw asbestos. This defendant 15 engaged in the business of commercially manufacturing, selling 16 and distributing an asbestos-containing product from 1948 17 through mid-1958. 18 RESPONSE TO INTERROGATORY NO. 21: 19 This defendant objects to this interrogatory on the 20 basis that it seeks information which is not relevant to the 21 subject matter of this litigation and is not reasonably 22 calculated to lead to the discovery of admissible evidence, 23 except as it relates to plaintiff's employers during 24 plaintiff's periods of employment. Without waiving the above 25' objection, this defendant has found no information on its 26 business records indicating that it ever sold, or otherwise ASB00-129:06600.00001 -10- supplied any of its asbestos-containing products to the General 2 Services Administration. 3 RESPONSE TO INTERROGATORY NO. 22; 4 This defendant objects to this interrogatory on the 5 basis that it seeks information which is not relevant to the 6 subject matter of this litigation and is not reasonably- 7 calculated to lead to the discovery of admissible evidence, 8 except as it relates to plaintiff's employers during 9 plaintiff's periods of employment. RESPONSE TO INTERROGATORY NO. 23: 10 This defendant does not now and has not in the past 11 engaged in the business of mining, milling, or selling raw 12 asbestos. This defendant engaged in the business of 13 commercially manufacturing, selling and distributing an 14 asbestos-containing product from 1948 through mid-1958. This 15 defendant ceased the manufacture, sale and distribution of 16 asbestos-containing products in 1958 pursuant to the sale of 17 its Kaylo Division to Owens-Corning Fiberglas Corporation on 18 April 30, 1958. It has not found any information in its 19 records pertinent to a record or document retention policy 20 during the period when it manufactured its asbestos-containing 21 products or for the period of years shortly thereafter. In 22 accordance with the -contract for the sale of the Kaylo 23 Division, in the ordinary course of business relating to such 24 sale, and because of the production of certain documents by 25 other defendant's in asbestos-related litigation in the United 26 States, this defendant believes that most of its records 27 pertinent to the Kaylo Division were either transferred or made 28 ASB00-129:06600.00001 -11- This defendant ceased the manufacture, sale and distribution of 2 asbestos-containing products in 1958 and does not have 3 information sufficient to further answer this interrogatory. 4 RESPONSE TO INTERROGATORY NO. 29: 5 This defendant believes that some of its 6 asbestos-containing insulation products were packaged in 7 corrugated cartons with the trademark Kaylo on the carton. 8 This defendant ceased the manufacture, sale and distribution of 9 asbestos-containing products in 1958 and does not have 10 information sufficient to further answer this interrogatory. RESPONSE TO INTERROGATORY NO. 30: 11 To the extent this request seeks visual reproductions 12 of this defendant's product, refer to Exhibit I. This 13 defendant ceased the manufacture, sale and distribution of 14 asbestos-containing products in 1958. This defendant has not 15 found information in its records sufficient to enable it to 16 further answer this interrogatory. 17 RESPONSE TO INTERROGATORY NO. 31: 18 Not applicable to this defendant. This defendant 19 does not now and has not in the past engaged in the business of 20 mining, milling, or selling raw asbestos. 21 RESPONSE TO INTERROGATORY NO. 28: 22 This defendant ceased the manufacture, sale and 23 distribution of asbestos-containing products in 1958. This 24 1 defendant has not found inf ormation--in its--records- sufficient--------25 to enable it to answer this interrogatory. However, it does 26 not appear that any warning concerning asbestos was given in 27 that it does not appear that this defendant had reason to 28 ASB00-129:06600.00001 -13- 1 I available to the purchaser of the division in 1958. This I defendant states that it has not destroyed any documents or 2i 3 records pertaining to the Kaylo Division which were found in 4 its records in 1975 (the year in which this defendant first 5 | became aware of asbestos-related actions against it) and | thereafter. 6 i 7 RESPONSE TO INTERROGATORY NO. 24: 8 Refer to Exhibit I. 9 RESPONSE TO INTERROGATORY NO. 25: This defendant objects to this interrogatory on the 10 basis that it seeks information which is not relevant to the 11 subject matter of this litigation and is not reasonably 12 calculated to lead to the discovery of admissible evidence. 13 Without waiving the above objection, the majority of this 14 defendant's corporate records are located at its principal 15 place of business which is One SeaGate, Toledo, Ohio 43666. 16 RESPONSE TO INTERROGATORY NO. 26: 17 Not applicable to this defendant. This defendant 18 does not now and has not in the past engaged in the business of 19 mining, milling, or selling raw asbestos. 20 RESPONSE TO INTERROGATORY NO. 27: 21 Not applicable to this defendant. This defendant 22 does not now and has- not in the past engaged in the business of 23 mining, milling, or selling raw asbestos. 24 ---RESPONSE.TO INTERROGATORY NO. 28: 25 This defendant believes that some of its 26 asbestos-containing insulation products were packaged in 27 corrugated cartons with the trademark Kaylo on the carton. 28 ASB00-129 .`06600.00001 -12- 1 Relieve that the use of its products would result in a 2 foreseeable risk of harm. 3 RESPONSE TO INTERROGATORY NO. 33: 4 This defendant ceased the manufacture, sale and 5 distribution of asbestos-containing products in 1958. This l 6 ! defendant has not found information in its records sufficient 7 to enable it to answer this interrogatory. However, it does 8 not appear that any warning concerning asbestos was given in 9 that it does not appear that this defendant had reason to 10 believe that the use of its products would result in a 11 foreseeable risk of harm. RESPONSE TO INTERROGATORY NO. 34: 12 This defendant ceased the manufacture, sale and 13 distribution of asbestos-containing products in 1958. This 14 defendant has not found information in its records sufficient 15 to enable it to answer this interrogatory. However, it does 16 not appear that any warning concerning asbestos was given in 17 that it does not appear that this defendant had reason to 18 believe that the use of its products would result in a 19 foreseeable risk of harm. Owens-Illinois never had "contract 20 units." 21 RESPONSE TO INTERROGATORY NO. 35: 22 Charles Shook, M.D., deceased, employed from March 23 25, 1946 until June 30, 1960 was the Medical Director during 24 the period in which this defendant manufactured, sold or 25 distributed asbestos-containing products. 26 W.G. Hazard was employed as this defendant's 27 industrial hygienist during the period of time in which this 28 ASB00-129:06600.00001 -14- defendant engaged in the manufacture, sale and distribution of 1 asbestos-containing products. Mr. Hazard has retired from this 2 defendant's employ and currently resides in Toledo, Ohio. This 3 4 defendant objects to further answering this interrogatory on 5 the grounds that it seeks information not relevant to the 6 subject matter of this litigation and not reasonably calculated 7 to lead to the discovery of admissible evidence except as it 8 relates to the period of time within which this defendant 9 manufactured its asbestos-containing products. RESPONSE TO INTERROGATORY NO. 36: 10 This defendant ceased the manufacture, sale and 11 distribution of asbestos-containing products in 1958. This 12 defendant is aware that the following present or former 13 employees have testified at trial or by deposition in 14 asbestos-related litigation: 15 Edward C. Ames 10/8/79, 1/10/80, 2/12/81, 16 3/26/81 and 10/7/81. 17 Robert Grim 9/6 & 7/84 (trial), 10/11/84 (trial), and 7/1/87 (trial). 18 Richard L. Grimmie 7/10/79, 10/24/79 (trial) and 19 10/29/79 (trial). 20 David Innis 9/27/83. 21 William Justice 7/11/79 and 5/3/82. 22 John Pershing 7/26/79. 23 John Rhoads 7/11/79. 24 June Welser 7/11/79. 25 Everett Shuman 4/26/79, 6/12/79, 7/15/80, 8/19/80, and 3/4/81. 26 Willis G. Hazard 2/11/81, 3/27/81, 12/14/81, 27 1/27/82. 28 I ASB00-129:06600.00001 -15- 1 Richard R. Beck 4/1/81. 2 Samuel F. Schillaci 4/7/81, 7/31/81 (trial), 11/9/81 (trial), 11/17/81, 3 4-26-27/82, 6/4/84, 8/28/84, 9/6/84, 11/14/84, 2/5/85, 4 3/4/85 (trial), 4/30/85, 12/19/85 (trial), 10/8/86, 5 4/10/87 (trial), 6/25/87 (trial), 11/4/87 (trial), 6 1/20/88 (trial), 10/15/88 (trial), 11/22/88 (trial), 7 11/29/88 (trial), 12/8/88 (trial), and 12/15/88 (trial). 8 George N. Bates, 4/6/81. 9 M.D. 10 Thomas A. Meehan, Esq. 8/3/81 (trial), 11/9/81 (trial), 12/15/83, 1/16/84, 11 8/28/84, 6/4/84, and 11/13/84. Effective April 30, 1958, this defendant sold its 12 asbestos-containing product manufacturing division to 13 Owens-Corning Fiberglas Corporation. At that time certain 14 employees who worked in the division, some of whom are 15 mentioned above, transferred to Owens-Corning Fiberglas 16 Corporation. These individuals have been deposed with regard 17 to asbestos-related litigation involving Owens-Corning 18 Fiberglas Corporation. 19 This defendant objects to the production of copies of 20 the transcripts of these depositions on the basis that said 21 transcripts are filed with various courts around the country, 22 they are therefore matters of public record, and therefore 23 plaintiffs have equal access to such documents. Defendant 24 -reserves the right to advance additional arguments against the 25 production of such documents if and when plaintiffs file a 26 request for production. 27 28 ASB00-129:06600.00001 16- i t RESPONSE TO INTERROGATORY NO. 37: 2 This defendant objects to this interrogatory on the 3 grounds that it seeks information which is not relevant to the 4 subject matter of this litigation and is not reasonably 5 calculated to lead to the discovery of admissible evidence 6 except as it relates to the period of time within which this 7 defendant manufactured its asbestos-containing products. 8 Without waiving the above objection, this defendant 9 states that insofar as this interrogatory refers to 10 associations or organizations of which this defendant was a 11 member during the time when it manufactured asbestos-containing 12 products, it was a member of the Industrial Hygiene Foundation 13 (which changed its name to the Industrial Health Foundation in 14 1970) for the years 1936 through 1975. This defendant has been 15 unable to find any information in its records which would 16 enable it to further answer this interrogatory, although its 17 investigation into the subject matter referred to in this 18 interrogatory is continuing. This defendant was not a member 19 of any of the other organizations about which this interrogatory inquires. 20 RESPONSE TO INTERROGATORY NO. 38: 21 Refer to answer to Interrogatory No. 37. This 22 defendant ceased the manufacture, sale and distribution of 23 asbestos-containing products in 1958. This defendant has not 24 found information in its records sufficient to enable it to 25 further answer this interrogatory. 26 27 28 ASB00-129 :06600.00001 -17- RESPONSE TO INTERROGATORY NO. 39: 2 This defendant ceased the manufacture, sale and 3 distribution of asbestos-containing products in 1958 and does 4 not have any records from which it can obtain information 5 sufficient to answer this interrogatory. 6 During May, 1979, various papers and reports were 7 produced by an employee of the Trudeau Institute, Mr. Allan 8 Logie, regarding animal experiments conducted at laboratories 9 at Saranac Lake involving dust collected during the Kaylo 10 manufacturing process. These,papers and reports may contain 11 information relating to the substance of this interrogatory. This defendant has not been able to find these papers and 12 reports in its business records or correspondence although it 13 14 has searched for and continues to search for them. This defendant's counsel obtained copies of some of 15 the papers and reports produced by Mr. Logie. However, these 16 17 copies constitute only a portion of a larger volume of papers and reports which this defendant has not copied. They are 18 19 available through Winne, Banta, Rizzi, Hetherington & Basralian, 25 E. Salem Street, Hackensack, New Jersey. This 20 defendant also has reason to believe that plaintiffs' counsel 21 has copies of the documents produced by Mr. Logie. Other 22 documents possibly relating to this interrogatory may have been 23 produced by Owens-Corning Fiberglas Corporation in the asbestos 24 litigation______________________ __________________ - ----------25 Those documents found at Saranac Lake and at 26 Owens-Corning Fiberglas Corporation and elsewhere, indicate 27 that during the period of time when Owens-Illinois was in the 28 ASB00-129 : 06600.00001 -18- business of manufacturing asbestos-containing products, the j 2 state of government, industrial hygiene and medical community 3 knowledge was that there was a recognized safe exposure level 4 for asbestos dust and that persons installing insulation were 5 not exposed to excessive or hazardous levels of asbestos dust. 6 The foregoing documents also indicate that Kaylo plant 7 employees were x-rayed periodically and displayed no 8 asbestos-related chest disease; that this defendant made 9 appropriate efforts to provide ventilation and to control the 10 emissions of all dust emitted during the manufacturing process 11 within recognized safe levels of exposure, including the use of respirators in some instances, dust collection equipment and 12 other devices as necessary; and that therefore during the 13 period in which this defendant was in the business of 14 manufacturing Kaylo it had no reason to believe that the 15 foreseeable use of Kaylo would create a hazard to users. 16 The documents produced by Owens-Corning Fiberglas 17 Corporation indicate that the September, 1955 publication in 18 the A.M.A. Archives of Industrial Health was a publication of 19 inhalation experiments. 20 To the extent that this interrogatory seeks the 21 production of documents, such documents, as outlined in this 22 response, have not been found as part of this defendant's 23 records and, to the extent that this defendant is in possession 24 of copies of documents, it possesses copies only of documents 25 collected in preparation for litigation. This defendant 26 objects to producing the same. The documents are available 27 from their proper source. 28 ASB00-129:06600.00001 -19- RESPONSE TO INTERROGATORY NO. 40; i 2 During the period of time pertinent to these actions, 3 this defendant did not maintain an entity which would be 4 characterized as an industrial hygiene, medicine, safety and/or 5 engineering library. However, this defendant believes that a 6 separate engineering library may have been maintained by its 7 technical facility. 8 RESPONSE TO INTERROGATORY NO. 41: 9 This defendant objects to this interrogatory insofar 10 as it may seek to discovery work product of counsel and trial 11 preparation material. Without waiving the above objection, 12 this defendant states that it ceased the manufacture, sale and distribution of asbestos-containing products and does not have 13 14 any records of having interchanged any of the materials referred to in this interrogatory with any of the other 15 defendants named in this case; however, this defendant states 16 17 that defendant Owens-Corning Fiberglas Corporation was entitled to receive and may have received from this defendant material 18 of the type specified in this interrogatory pursuant to an 19 Agreement dated March 9, 1958 by which this defendant sold the 20 Kaylo Division to Owens-Corning Fiberglas Corporation, if in 21 fact this defendant had any material of said type at that 22 time. This defendant's investigation into the subject matter 23 of this interrogatory is continuing. 24 RESPONSE TO INTERROGATORY NO. 42: 25 - ---------------- This defendant states that no such testimony has been 26 given and that no such documents have been given and that no 27 such documents have been presented or utilized. This defendant 28 ASB00-129:06600.00001 -20- I ceased activities in the business involved in this litigation 2 in mid-1958. 3 RESPONSE TO INTERROGATORY NO. 43: 4 This defendant ceased the manufacture, sale and 5 distribution of asbestos-containing products in 1958 and does 6 not have any records from which it can obtain information 7 sufficient to answer this interrogatory. 8 During May, 1979, various papers and reports were 9 produced by an employee of the Trudeau Institute, Mr. Allan 10 Logie, regarding animal experiments conducted at laboratories 11 at Saranac Lake involving dust collected during the Kaylo 12 manufacturing process. These papers and reports may contain 13 information relating to the substance of this interrogatory. 14 This defendant has not been able to find these papers and 15 reports in its business records or correspondence although it has searched for and continues to search for them. 16 17 This defendant's counsel obtained copies of some of the papers and reports produced by Mr. Logie. However, these 18 19 copies constitute only a portion of a larger volume of papers and reports which this defendant has not copied. They are 20 available through Winne, Banta, Rizzi, Hetherington & 21 Basralian, 25 E. Salem Street, Hackensack, New Jersey. This 22 defendant also has reason to believe that plaintiffs' counsel 23 has copies of the documents produced by Mr. Logie. Other 24 documents possibly -relating-to- this interrogatory may have been 25 produced by Owens-Corning Fiberglas Corporation in the asbestos 26 i litigation. 27 28 ASB00-129:06600.00001 -21- 1 Those documents found at Saranac Lake and at 2 Owens-Corning Fiberglas Corporation and elsewhere, indicate 3 that during the period of time when Owens-Illinois was in the 4 business of manufacturing asbestos-containing products, the 5 state of government, industrial hygiene and medical community 6 knowledge was that there was a recognized safe exposure level 7 for asbestos dust and that persons installing insulation were 8 not exposed to excessive or hazardous levels of asbestos dust. 9 The foregoing documents also indicate that Kaylo plant 10 employees were x-rayed periodically and displayed no asbestos-related chest disease; that this defendant made 11 appropriate efforts to provide ventilation and to control the 12 emissions of all dust emitted during the manufacturing process 13 within recognized safe levels of exposure, including the use of 14 respirators in some instances, dust collection equipment and 15 other devices as necessary; and that therefore during the 16 period in which this defendant was in the business of 17 manufacturing Kaylo it had no reason to believe that the 18 foreseeable use of Kaylo would create a hazard to users. 19 The documents produced by Owens-Corning Fiberglas 20 Corporation indicate that the September, 1955 publication in 21 the A.M.A. Archives of Industrial Health was a publication of 22 inhalation experiments. 23 To the extent that this interrogatory seeks the 24 production of documents, such documents, as outlined in this 25 response, have not been found as part of this defendant's 26 records and, to the extent that this defendant is in possession 27 of copies of documents, it possesses copies only of documents 28 ASB00-129:06600.00001 -22- I 1 collected in preparation for litigation. This defendant 2 objects to producing the same. The documents are available 3 from their proper source. 4 RESPONSE TO INTERROGATORY NO. 44; 5 This defendant ceased the manufacture, sale and 6 distribution of asbestos-containing products in 1958. This 7 defendant has not found information in its records sufficient 8 to enable it to answer this interrogatory. 9 RESPONSE TO INTERROGATORY NO. 45: This defendant ceased the manufacture, sale and 10 distribution of asbestos-containing products in 1958 and does 11 not have any records from which it can obtain information 12 sufficient to answer this interrogatory. 13 During May, 1979, various papers and reports were 14 produced by an employee of the Trudeau Institute, Mr. Allan 15 Logie, regarding animal experiments conducted at laboratories 16 at Saranac Lake involving dust collected during the Kaylo 17 manufacturing process. These papers and reports may contain 18 information relating to the substance of this interrogatory. 19 This defendant has not been able to find these papers and 20 reports in its business records or correspondence although it 21 has searched for and continues to search for them. 22 This defendant's counsel obtained copies of some of 23 the papers and reports produced by Mr. Logie. However, these 24 copies constitute only a portion of -a larger volume of papers---------25 and reports which this defendant has not copied. They are 26 available through Winne, Banta, Rizzi, Hetherington & 27 Basralian, 25 E. Salem Street, Hackensack, New Jersey. This 28 ASB00-129:06600.00001 -23- i defendant also has reason to believe that plaintiffs' counsel 2 has copies of the documents produced by Mr. Logie. Other 3 documents possibly relating to this interrogatory may have been 4 produced by Owens-Corning Fiberglas Corporation in the asbestos 5 litigation. 6 Those documents found at Saranac Lake and at 7 Owens-Corning Fiberglas Corporation and elsewhere, indicate 8 that during the period of time when Owens-Illinois was in the 9 business of manufacturing asbestos-containing products, the 10 state of government, industrial hygiene and medical community 11 knowledge was that there was a recognized safe exposure level for asbestos dust and that persons installing insulation were 12 not exposed to excessive or hazardous levels of asbestos dust. 13 14 The foregoing documents also indicate that Kaylo plant 15 employees were x-rayed periodically and displayed no 16 asbestos-related chest disease; that this defendant made 17 appropriate efforts to provide ventilation and to control the 18 emissions of all dust emitted during the manufacturing process 19 within recognized safe levels of exposure, including the use of respirators in some instances, dust collection equipment and 20 other devices as necessary; and that therefore during the 21 period in which this defendant was in the business of 22 manufacturing Kaylo it had no reason to believe that the 23 foreseeable use of Kaylo would create a hazard to users. 24 -------------- The-documents produced-by Owens-Corning Fiberglas 25 Corporation indicate that the September, 1955 publication in 26 the A.M.A. Archives of Industrial Health was a publication of 27 inhalation experiments. 28 ASB00-129:06600.00001 -24- 1 To the extent that this interrogatory seeks the 2 production of documents, such documents, as outlined in this 3 response, have not been found as part of this defendant's 4 records and, to the extent that this defendant is in possession 5 of copies of documents, it possesses copies only of documents 6 collected in preparation for litigation. This defendant 7 objects to producing the same. The documents are available 8 from their proper source. 9 RESPONSE TO INTERROGATORY NO. 46: 10 This defendant ceased the manufacture, sale and 11 distribution of asbestos-containing products in 1958, and does 12 not have any records from which it can obtain information 13 sufficient to enable it to answer this interrogatory. 14 Documents which have been located in places other than 15 asbestos-containing products, Inc., indicate that plant workers 16 received periodic chest x-rays pursuant to established company 17 policy, that such x-rays and related health evaluations showed 18 no asbestos-related plant worker lung disease. 19 RESPONSE TO INTERROGATORY NO. 47: This defendant ceased the manufacture, sale and 20 distribution of asbestos-containing products in 1958. This 21 defendant has not found information in its records sufficient 22 to enable it to answer this interrogatory. However, it does 23 not appear that any warning concerning asbestos was given in 24 that it does not appear that this defendant had reason to 25 believe that* the use of its products would result in a 26 foreseeable risk of harm. 27 28 ASB00-129:06600.00001 -25- 1 I RESPONSE TO INTERROGATORY NO. 48: 2 This defendant ceased the manufacture, sale and 3 distribution of asbestos-containing products in 1958. This 4 defendant has not found information in its records sufficient 5 to enable it to answer this interrogatory. 6 RESPONSE TO INTERROGATORY NO. 49; 7 This defendant has never formed nor maintained a 8 group or groups known as "contract units," such "contract 9 units" being a division or group within or maintained by the 10 corporation which, inter alia, engaged in the actual 11 installation of insulation products containing asbestos at job 12 sites. RESPONSE TO INTERROGATORY NO. 50: 13 14 This defendant objects to this interrogatory on the 15 basis that it seeks information which is not relevant to the 16 subject matter of this litigation and is not reasonably 17 calculated to lead to the discovery of admissible evidence. Without waiving the above objection, this defendant received 18 19 its first lawsuit alleging asbestos-related disease in 1975. RESPONSE TO INTERROGATORY NO. 51: 20 During the period in which this defendant engaged in 21 the manufacture of its asbestos-containing products, it 22 received no workerscompensation claims for any 23 asbestos-related disease. 24 RESPONSE TO INTERROGATORY NO. 52: 25 -------------------- ----- ----- During the period in which this defendant engaged in 26 ! the manufacture of its asbestos-containing products, it 27 28 ASB00-129:06600.00001 -26- received no workers* compensation claims for any 1 2 asbestos-related disease. 3 RESPONSE TO INTERROGATORY NO. 53: 4 This defendant objects to this interrogatory on the 5 ground that it seeks irrelevant and immaterial information 6 which is not reasonably calculated to lead to the discovery of 7 admissible evidence. Expressly reserving and without waiving 8 its objections, and subject to them, this defendant states that 9 the issues surrounding its insurance coverage for asbestos 10 claims are complex. Because of disputes over possible insurance coverage, this defendant has engaged in litigation 11 against certain insurance carriers which may provide coverage 12 for asbestos claims. One such lawsuit resulted in a decision 13 of the United States District Court of the District of Columbia 14 in Owens-Illinois. Inc, v. Aetna Casualty and Surety Company. 15 597 F.Supp. 1515 (D.D.C. 1984). 16 The litigation between this defendant and Aetna 17 Casualty and Surety Co. has been settled. The terms and 18 conditions of the settlement agreement are confidential, and as 19 a consequence, the parties are precluded from disclosing the 20 terms or contents of the agreement. Litigation with other 21 insurance carriers is ongoing. 22 RESPONSE TO INTERROGATORY NO. 54: 23 This defendant objects to this interrogatory on the 24 -basis that it-seeks information which is not relevant to the 25 subject matter of this litigation and is not reasonably 26 calculated to lead to the discovery of admissible evidence, 27 except as it relates to the period of time during which this 28 ASB00-129:06600.00001 -27- 1 defendant engaged in the manufacture, sale and distribution of 2 its asbestos-containing products. Without waiving its 3 objection, the answer this defendant has found no records that 4 it owned or operated any such business. 5 | RESPONSE TO INTERROGATORY NO. 55: 6 Refer to objection to Interrogatory No. 54. 7 RESPONSE TO INTERROGATORY NO. 56: 8 This defendant was not provided with Interrogatory 9 No. 56. 10 RESPONSE TO INTERROGATORY NO. 57: 11 This defendant objects to this interrogatory as being 12 vague, ambiguous, unintelligible, irrelevant, overly broad, 13 burdensome and oppressive, not reasonably calculated to lead to 14 the discovery of admissible evidence and not limited to any 15 issue which is the subject of this case. Without waiving the 16 above objection, this defendant has found no records that it 17 ever had such an arrangement. DATED: August iL. 1989. 18 19 MORGENSTEIN & JUBELIRER 20 21 Karlin Gould ^ Attorney for Owens-Illinois 22 Inc. 23 24 25 26 27 28 ASBOO-129:06600.00001 -28- AFFIDAVIT STATE OF OHIO COUNTY OF LUCAS ) ) SS: ) A. H. SMITH, being duly sworn according to law, deposes and says that he is an Assistant Secretary of OwensIllinois, Inc., a defendant herein; that as such he is authorized to make an Affidavit on its behalf; and that the facts set forth in the foregoing DEFENDANT, OWENS-ILLINOIS, INC.'S ANSWERS TO INTERROGATORIES, are true and correct to the best of his knowledge, information and belief. R-. H. A. H. SMITH SWORN TO and subscribed befor Ine this / day Notary Public My Commission Expires: DIANNE M. GEMPEl Notary Public, State of Ohio Jtfcj Commission Expires August 27, I9PJ >1 EXHIBIT I t 'N A NEW HEAT INSULATION WITH REMARKABLE COMBINATION OF ADVANTAGES.... A Kaylo Heat Insulating Bloc a new type of lightweight minera sulation that is efficient enough u used at ordinary room temperar and resistant enough to perform e lively up to 1200 F. Few new products of any kind ) been so thoroughly researched be being placed on the market. K Heat Insulating Block is the achi meat of many years' work by Ow Illinois Glass Company engint physicists and chemists. No other material, new or ole effectively combines the most d< able characteristics of the ideal insulation. For instance . .. LOW DENSITY Kaylo Heat Insulating B1 weighs only 11 pounds per cubic f This light weight (less than one po to the board foot) simplifies handl shipping and application. It gre reduces weight--an important ad tage on ships, for an example. i Notice the clean, straight ed on these insulated precipitator h pers. Applicators find it easy to do kind of work with Kaylo Heat Insu ing Block because they are so eas; cut and yet they have a -irively h flexural strength. The w_..s abo\e hoppers are also insulated with Ka Heat Insulating Block. O.VY THERMAL CONDUCTIVITY The coefficient of conductivity, or K'\ of Kaylo Heat Insulating Block, s -uown on the chart on page four, u.' ' it among the most efficient inulations for medium high temperaures. Its insulation value comes prinipally from its fine, interlaced cellular tructure. These cells are so tiny and o numerous that they present a raaerial surface of approximately 140 cres per cubic foot of insulation. Experience shows that the insulaion value of Kaylo insulation im>roves when the material is put into ervice. EFFECTIVE OVER WIDE rEMPERATURE RANGE Kaylo Heat Insulating Block perorms efficiently not only on temperaures in the low pressure steam and hot vater range but on temperatures in he superheated steam range as well. This is shown by the flatness of the ronductivity curve. One-material cov erage with Kaylo insulation handles ipplications which often require two hicknesses of different materials. -IIGH COMPRESSIVE STRENGTH 's compressive strength is un ite .y high for a mineral product of such light weight. Kaylo Heat Insu lating Block withstands compression values equivalent to those of a man's walking on it or even to those of a heel's being ground into it. HIGH FLEXURAL STRENGTH Its flexural strength is higher than the normal requirement for heat insu lation of this type. This strength makes for easy handling and applica tion, and contributes to long service with low maintenance. NO ADDED BINDER Kaylo insulation is an inorganic compound, containing no added binder. Its performance characteris tics, therefore, are not affected by additives, which often reduce insulat ing value, modify effective tempera ture range or otherwise limit per formance. EASY TO APPLY WELL Kaylo Heat Insulating Blocks are clean-cut and trim. They are easy to fit into place to make a good-looking installation. Their "feeP* is pUasMt and non-irritating. They can be cut, scored and sawed with ordinary wood working tools. Finishes that go over the block, whether cement, cloth or other types, can be applied smoothly and with a minimum of effort. No special tools are needed. LOW MOISTURE ABSORPTION Moisture absorption is no prob lem with Kaylo insulation. Even when subjected to an atmosphere of 90% relative humidity and a temperature of 120 F., in standard tests, speci mens absorb less than 1 % moisture by volume. RETAINS EFFECTIVENESS AFTER LONG SERVICE Kaylo Heat Insulating Block re mains strong, free from excessive powdering, and shows little loss in weight or shrinkage after long appli cation to temperatures up to 1200 F. Even conventional tumbling tests, run after prolonged heating, produce relatively little crumbling or break down of the material. STANDARD SIZES Lengths (inches) 36 36 36 36 36 36 36 36 36 36 Widths (inches) 6 6 6 6 6 12 12 12 12 12 Thicknesses (inches) 1 1*4 2 2*4 3 1 1*4 2 2*4 3 Other sizes are available on special order. On large or small equipment, in- , Kaylo Heat Insulating Block cov ide or out, Kaylo Heat Insulating ers both flat and curved surfaces on flock performs efficiently and with a the power house equipment pictured ninimum of maintenance. Here it is here. At the right are fresh air intakes; De>-< applied to the walls of a large the center compartments house in v /itator. Workmen are laying duced draft fans; and at the left are lock over 6" x 6" wire mesh welded conduits leading to a precipitator. o the stiffeners. The block are then Kaylo insulation means continuous :overed with finishing cement and fuel savings to this power plant. isphalt mastic weatherproofing. Hot water is always ready when needed in the office building where this hot water storage tank is installed, thanks to Kaylo Heat Insulating Block. This permanent insulation holds water temperature constant with a minimum of power consumption". Other applications for Kaylo Heat Insulat ing block are listed on the back page. PRINCIPAL FEATURES OF RATIO HEAT INSULATING SLOCK 4 PHYSICAL CHARACTERISTICS AT A GLANCE jjf>e-*-AW* r-*; Af -.J;V, . -\"#w fW*.; .-SJ-tP'.1? TT*y j**-' -r?5e"-J- ` ->.-iC^~ &-VS ,, ^JjSfe- I. Approximate!; &K*?sesgp3? FUEXURAL^STRENGTH at 750 F.Y. l 5*5 at 1000 F... -.*. r.*' 7*9 % tf 1200 F. a -,? * *J*iV^a J_* 1< * * *> * *'; *** -S>8% -* ' .- .* " ' :: - .i-j./tt. -r -..?* _ .. -. ^ * WAt I a t <* O ^ k ai *" ' .'* --* ' A 1 flt r- After heating for 24 hours.'2B33^!p^,____ . _ _____ __ _ __ . d^y"-3;^ . feooo* '*' -r`^l, ___ ; ^ir1 ^yjg'T ; '-w _ Linear Shrinkage after heating for 24 hr'i'T,^? - ,,-- - .r.S-. `.-: v ' - .. . ar,750' Fa a'V * a a a.a aV a^ff-a-. a-a a'-a,a * V a a.fc *T>..a a a a a a a . t a_.a : 0.8% ?* at'1000* F.,*i\ V;7:?.. 1. .H... I.' /. '6.9% at 12oof...............'."'v.'rVY.;.^.;':'^............... 1.5% Elongation after saturation (max.).......'........... r. v. v .. .v0:4 %l ^>3IGTYr*?^` (volume) After 6 hours exposure in atmosphere of 120 F. and 90% Relative Humidity............................................... 0.9% t c 1 i r, l I M t | r't \ , At 300 F. mean temperature........................................................ 0.474 DC3S0t^QC3@ BtL@CS Heat Loss, Surface Temperatures and Efficiencies MO 2JO NO 330 Moon Temperature, F. -1^5* *. y-sa<i if-;`: -SSS Inside of outside, for large ias'nl^ jj-*-^^.,^htdons, or-small, frpm 0 KA-YIO HEAT INSULATING W.OCX MAI loss from fut surfaces Dryers-V :W>2 Turbines'-^ :------! 'fccftenftm. $**.Serfote1Temperetvre-pf hiUdtienTooTemoesroeotvre Dmifoferone*S.5oS-o-r-e-Sm75v5r-io-c-e-1io50e5A"ir. *Fw. >00<J HOC 1X0 * .-'%; supported bythe performance of the * - .C:.-';. product in service. .7 ' ' ><. '* . ;t Ilf. *-*"v-.>--*7v' \ - .m`:.-n. . N ; * "-C'.*:--rv. %'' More detailed information bn Kaylo Heat Insulating Block is avail* able on request. American Structural Products Company, Toledo 1, Ohio. Subsidiary of Owens-Illinois Glass Company. < ft S -^:'-^SSB3p*:: Anew neggg * ** t ins WITH A REMARKABLE COUNMIIOE 01 KAYLO HEAT INSULATING BLOCK is a new cype of lightweight mineral insulation that is efficient enough to be used at ordinary room temperatures and resistant enough to perform effectively up to 1200 F. Few new products of any kind have been so thoroughly researched before being placed on the market. Kaylo Heat Insulating Block is the achievement ofmany years' work by Owens-Illinois Glass Company engi neers, physicists and chemists. It combines the most desirable characteristics of the ideal heat insulation. LOW DENSITY. Kaylo Heat Insulating Block weighs only 11 pounds per cubic foot. This light weight (less than one pound to the board foot) simplifies handling, shipping and application. LOW THERMAL CONDUCTIVITY. The coefficient of conductivity, or k, of Kaylo Heat Insulating Block places it among the most efficient insulations for medium high temperatures. Its insulation value comes principally from its fine, cellular structure. These cells are so tiny and so numerous that they present a material surface of approximately 140 acres per cubic foot of insulation. Experience shows that the efficiency of Kaylo insula tion improves after exposure to service temperatures. EFFECTIVE OVER WIDE TEMPERATURE RANGE. Kaylo Heat Insulating Block performs efficiently not only on temperatures in the low pressure steam and hot water range but on temperatures in the super heated steam range as well. One-material coverage with Kaylo insulation handles applications which often require two thicknesses of different materials. HIGH COMPRESSIVE STRENGTH. Its compressive strength is unusually high for a mineral product of such light weight. HIGH FLEXURAL STRENGTH. Its flexural strength is higher than the normal requirements for heat insula tion of this type. This strength makes for easy hand ling and application, and contributes to long service with low maintenance. NO ADDED BINDER. Kaylo insulation is an inorganic compound, containing no added binder. Its per formance characteristics, therefore, are not affected by additives, which often reduce insulating value, modify effective temperature range or otherwise limit per formance. EASY TO APPLY. Kaylo Heat Insulating Blocks are clean-cut and trim. They are easy to fit into place to Notice the dean, straight edges on these insulated pre cipitator hoppers. Applicators find it easy to work with Kaylo Heat Insulating Block because they are so easy to cut and yet have a high flexural strength. On large or small equipment, inside or out, Kaylo Heat Insulating Block performs efficiently and with a minimum of maintenance. Here it is being applied to the walls of a large precipitator. ' X, Nation >VANTAGES... take a good-looking installation. Their-"fNl" i*- leasant and non-irritating. They can be cut, scored nd sawed with ordinary woodworking tools. Finishes hat go over the block, whether cement, cloth or other ypes, can be applied smoothly and with a minimum >f effort. No special tools are needed. .OW MOISTURE ABSORPTION. Kaylo Heat Insulat- ng Block absorbs little moisture from surrounding sumid air. EFFECTIVE AFTER LONG SERVICE. Kaylo Heat Insulat- ng Block remains strong, free from excessive powderng, and shows little loss in weight or shrinkage after long application to temperatures up to 1200 F. Even conventional tumbling tests, run after prolonged neating, produce relatively little crumbling or break down of the material. TYPICAL APPLICATIONS: Ir. or outside, for large installations or small, up to 1200 F,, use Kaylo Heat Insulating Block to insulate: Breechings Hot Air Ducts Tanks Towers Dryers Evaporators Heat Exchangers Condensers Lehrs Autoclaves Ovens Furnaces Turbines Chilling Pits Boilers Precipitators Locomotives iaylo Heat Insulating Block covers both flat and curved urfaces on the power house equipment pictured here. By ninimizing heat loss, it saves fuel and keeps temperatures vithin the room at comfortable levels. PHYSICAL CHARACTERISTICS DENSITY............................................... Approaiotolaly 11 lb. par cv. ft. FLEXURAL STRENGTH.................................................. SO lb. par tq. in. COMPRESSIVE STRENGTH (at S% datamation) tafora hasting........................................................1 SO lb. par sq. in. Attoatr 7hSa0s*tinFg...t..o..r...2..4....h..o..v..r.s..... .............. .................144 lb. par sq. in. ot 1000* F.......................................................... 123 lb. par sq. in. at 1200* F.......................................................... 117 lb. par tq. in. , Attar boiling for 24 hovrt (whila wall................ 74 lb. par tq. in. LOSS IN WEIGHT Attoatr h7o5o0tin*gF.t.o...r...2..4....h..o..v..r..t......................................................... 5.5% ot 1000' F...............................................................................7.9% ot 1200' F...............................................................................9.*% Attar boiling for 24 hours (oftar drying)............................... 0.2% R(CEoSnISvaTnAlNioCnEol tTuOmbAliBngRAtaSil-IlOosNs in weight ottar 10 minutai) Sefore haonng............................................................................. 2.2% Attoatr h7a5o0tin'gf.f.o...r...2..4....h..o..u..r.s............................................................ 3.7% ot 1000* F.................................................................................5.7% ot 1200" F.................................................................................6.9% DIMENSIONAL STABILITY lmoot r 7sh5r0in*kaF.g..e....o..f.f.e...r..h...e..a..t.i.n..g....f.o...r...2..4....h..o..u..r.s............................. 0.8% at 1000' f..................................................... .........................0.9% at 1200' F................................................................................1.3% MOISETloUnRgaEtioAnBoSfOfeRrPsToIfOurNali(ovno(lummaan).]...................................... 0<M% f.After 6 hovrt exposure in otmotphere of 120* ond 90% Relative Humidity........................... .0.9% CONDUACt T1I0V0IT' YF. (mKe)an temperolur*.............................................. .. 0.41 `------------------------ 0.54 Pr.n.n-Tr'a"' ' * `9p * `-A* LENGTH (inches} WIDTH (inches) THICKNESS (inches) "";_. _7ix_ .o T-^-- r~ \ HEAT INSULATING BLOCK Heat Loss, Surface Temperatures, and Efficiencies SOURCES OF TEST DATA: The data shown on these pages are supported by tests run at var ious laboratories, all well known to the insu lation industry. They are further supported by the performance of the product in service. More detailed information on Kaylo Heat Insulating Block is available on request. laylo., Structural Insulating Block--is a near-white, rigid mineral insulating Ip^s^inaterial weighing approximately 20 pounds per cubic foot. It is composed . prineipaliy-of calcium, silicate. Except for density and for those characteris tics that are changed by density it is similar to Kaylo Heat Insulating Block, a lightweight insulation used to insulate against heat loss from hot surfaces. Kaylo Structural Insulating Block (20-lb. density) is designed to develop maximum strength and fire resistance without sacrificing its advantages of light weight and low thermal conductivity. In fact the practical combination of these four properties--strength, weight, insulating value and fire resist ance--makes it almost unique as a building material. It weighs nominally 20 pounds to the cubic foot (actually on an oven dry basis from 19.5 to 22 lb.), has a compressive strength of approximately 500 lb. per sq. in., a "k" of 0.66 at 100 mean and outstanding resistance to the travel of heat and flame at building fire temperatures. For use in fabrications that are to be Underwriters' Lab< atories inspected, Kaylo Structural Insulating Block furnished bearing the Underwriters' label for fire haza classification for building material. Kaylo Structural Insulating Block is not a finished build ing material in itself and is not made for exposure to the weather. Its principal uses are as a structural roof tile, or roof deck unit, in which a steel reinforcing mat is inserted at the time of forming, and as a core material. In this latter use it serves as the core of laminated structures where the faces or laminates are applied with adhesives, and also as the core of structural shells or envelopes where the Kaylo core material is simply inserted in the open spaces and held by its own contact or by such conven tional methods as clips or other attachments. In any of these applications it adds rigidity to the structure uid vastly increases insulation value and fire resistance. PHYSICAL PROPERTIES Light Weight--Nominal 20-lb. density Kaylo Block is about a third lighter than yellow pine. On an oven-dry basis it weighs from 1SK5 to 22 pounds per cubic foot. High Strength--Its compressive strength is approximately 500 lb. per sq. in. with a deformation of 5 per cent. Flexural strength is approximately 175 lb. per sq. in. Fireproof--Kaylo 20-lb. density Structural . Insulating Block has been tested at the Underwriters' Laboratories in Chicago and given the following rating, based on com parison with untreated Red Oak as 100. Flame spread......................... 0.0 Fuel contributed................... negligible Smoke produced.................... 0.0 Mean Tcmperoturt, *F. Good Insulation Value--At low mean temperatures Kaj Structural Insulating Block is one of the mosc efficie structural mineral insulations. At high mean temperatuj it still compares favorably with heat insulating materi; of its own weight. High Light Reflectivity--Where left exposed and untreat (as with the underside of a roof deck) Kaylo Structu Insulating Block has high light reflectivity. Its light flection factor is from 70 to 80 per cent. Non-Abrasive Surface--Its surface is non-abrasive. It h a somewhat "soapy" feel that makes it pleasant to hand At the same time it has a firm surface that assures go contact with surfaces applied over it. No Added Binder--It contains no added binder, but i stead constitutes its own binder. Hence its characterise: are not modified as to temperature limit, solubility, in? lation value, fire resistance or otherwise by "bine limitations." L INSULATING BLOCK (20-LB. DENSITY) ood Workability--Kaylo Structural Insulating Block is sponsive to wood working tools. It can be sawed with a and saw or power saw, can be routed, tongue-and'ooved, sanded, and, in fact, run through most woodorking equipment. igh Modulus of Elasticity--The modulus of elasticity of )-lb. density block is approximately 160,000 lb. per sq. in. ow Specific Hoat--The specific heat of Kaylo Structural isulating Block is approximately 0.22. Ilular Structure--Kaylo Structural Insulating Block is bout SO per cent inter-communicating air cells. The cells -e extremely small, less than a micron in diameter. jw Moisture Absorption--Kaylo Structural Block is hyoscopic. It will absorb moisture from humid air and will ach equilibrium at lower moisture contents when exposed > lower humidities. However, because of its extremely nail pore size and other characteristics, its behavior with ;spect to moisture differs from that of most porous ma in It has unusual capacity to distribute moisture -iti__ its mass, and to give it off to surrounding air of >wer moisture content. a moisture absorption when surrounded by humid air low. Test specimens dried for 24 hours at 215 F., cooled nd then exposed on all surfaces to an atmosphere of 90 ?r cent relative humidity and a temperature of 120 F. ir six hours, absorbed less than one per cent of moisture y volume. onsistent with the common practice for good construcon involving porous insulating materials of high internal irface area, Kaylo Structured Insulating Block should e sealed against moisture on the warm side when it is lbjected to extremely low temperatures. igh Wet Strength--Kaylo Structural Insulating Block, ke most other insulating materials, is not intended to irve immersed in water or exposed to extremely damp or umid conditions, yet its flexural strength when wet (im mersed 10 hours) is reduced only about 15 per cent. Dimensionally Stable--The dimensions of Kaylo Struct ural Insulating Block change little with changes in moist ure content. Experience has shown from the manufacture of thousands of units of laminated structures that they have unusual dimensional stability and unusual freedom from warping. Available with and without Reinforcing^--In the form of roof tile Kaylo Structural Insulation is available with a steel reinforcing mat. In the form of core material for var ious types of structure it is available without reinforcing. Accepts Noils and Screws--Both nails and screws can be used with Kaylo Structural Block. Tables showing holding power of both are available on request. Nails should be of the cement-coated type without barbs that abrade the sides of the opening they make as they are driven into the block. Galvanized or non-ferrous nails may be used where greater resistance to corrosion is required. Screws may be inserted either with or without drilling a pilot hole. Sizes--Kaylo Structural Insulating Block is made in a standard size of 18 x 36 inches. Since most uses involve manufacturing operations, thick nesses that are practical can best be worked out with the manufacturer of Kaylo Insulating Products after approxi mate quantities needed are known. These will usually be between one and two inches thick. Certain thicknesses are suggested by certain building re quirements. A thickness of from to 2 inches of Kaylo Structural Insulating Block is required to withstand a typical building fire for one hour--usually somewhat more for a partition than for a door because of the greater per formance required of a partition. 20-Lb. and 11-Lb. Density Block Can Bo Used in Combination. Where two thicknesses of insulation are used to build up an insulating structure it is jssible to use the two den sities in combination to deveiop the best insulation value strength and fire resistance. AMERICAN STRUCTURAL PRODUCTS COMPANY Toledo 1, Ohio J LAMINATION !------------------------- :------<t aminotion ever a Kaylo Insulating Cere--Almost any face material may be bonded to Kaylo Structural Insulating Block surfaces. Bonding agents can be selected to meet the requirements of the particular facing--also to satisfy the service requirements of the finished product--and still offer some choice in curing procedures. Some adhesives which may be used with various types of face materials are listed below. (This list is not intended to be complete. Its only purpose is to identify a partial list of adhesives. These have been found to provide a tensile strength of 35 lb. per sq. in. and a minimum shear strength of 100 lb. per sq. in. when cured in the manner indicated.) ADHESIVES FOR JOINING f caam STRUCTURAL INSULATING BLOCK TO: Weed Veneer Aluminum Stainless Steel ADHESIVES FOR JOINING LIKE MATERIALS: Insulating Block to Insulating Block Aluminum to Aluminum Stainlet4 Steel to Stainless Steel Durit# No. 3024A Q 3024AWH207 3024AWF Panocolit# 01131 Q Ftcoro 7)1 Cqtobond 720 Vinylicol MA 28*10 O o o Ambcrlit# 7814 ^ottik 7026 Ridux Syneo X-8348 o o o + 1301W (DW) QDurilo No. 3024A Pocora 711 Q Woldwood 0 Insalut# No. 1 0 lnt#rlak# 4142 Vulcalock GO oo Dupont 4433 Dupont 4444 O. E. 2142 O. E. 7031 Vinylsool MA 24-14 Amborlito PRI4 4otik EXE 134 R#dux o o o o o o Durit# No. 3024 0 No. A, NK247 N100 A 3 MEC 124 Wold wood O Insalut# No. 1 0 l#ifrlak 4162 Vulcalock Dupont 4663 OO Dupont 4446 C. E. 2142 G. t 7031 Vinylsool MA 28*18 Ambcrlit# 7814 8otik 7026 Sodium Silicaft Rodux e o o o oo o Durit# 3024A Ptflocelifc GU31 o o W.ldwood Intolwt# 1 G. E. 2142 Plotken 811 o o G 0O S#l#ctron 3003 VinyU#ol AAA 24-11 Amborlilt PR14 Sostik 7024 4otik EXE 134 Sodium Silicot# O O O O o o 8#dux 0 Synco X-4344 o + 130LW (DW) Vwlcolock Dupont 4433 GOO Dupont ftQft 4444 G. E. 7031 O 4ostik 7024 O Eostik EXE 134 O R#dux Q Dupont 4433 GOO G. E. 7031 Eostik. 7024 0 Q Sostik EXE 134 0 R#dux Clamped at room temperature for 24 hours. Symbols for method of cure: For Maximum Strength f Clamped in oven at 120 F. for 1 hour. Placed in press at 10 p.s.i. at 300s F. for 10*30 minutes, Placed in press at 100 p.s.i. at 300 F. for 10-30 minutes. [ Q Clamped in oven at 250s F. for 10*30 minutes. High-frequency curing has been tried successfully on an experimental basis with wood, aluminum and stainless steel bonded to a Kaylo sulating core. Many of the manufacturers making the above listed adhesives can provide adhesives suitable for high-frequency curing. I ( [?[3[Da!)(S<0, TOLEDO 1, OHIO Subsidiary of OWENS-ILLINOIS GLASS COMPANT Kaylo Structural Insulating Block--is a near-white, rigid mineral insulating material weighing approximately 20 pounds per cubic foot. It is composed principally of calcium silicate. Except for density and for those characteris tics that are changed by density it is similar to Kaylo Heal Insulating Block, a lightweight insulation used to insulate against heat loss from hot surfaces. Kaylo Structural Insulating Block (20-lb. density) is designed to develop maximum strength and fire resistance without sacrificing its advantages of light weight and low thermal conductivity. In fact the practical combination of these four properties--strength, weight, insulating value and fire resist ance--makes it almost unique as a building material. It weighs nominally 20 pounds to the cubic foot (actually on an oven dry basis from 19.5 to 22 lb.), has a compressive strength of approximately 50n lb. per sq. in., a ''k" of 0.66 at 100 mean and.outstanding resistance to the travel of heat and flame at building fire temperatures. s > 20-LB. DENSITY B USES For use in fabrications that are to be Underwriters' Labor atories inspected, Kaylo Structural Insulating Block is furnished bearing the Underwriters' label for fire hazard classification for building material. Kaylo Structural Insulating Block is not a finished build ing'material in itself and is not made for exposure to the weather. Its principal uses are as a structural roof tile, or roof deck unit, in which a steel reinforcing mat is inserted at the time of forming, and as a core material. In this latter use it serves as the core of laminated structures where the faces or laminates are applied with adhesives, and also as the core of structural shells or envelopes where the Kaylo core material is simply inserted in the open spaces and held by its own contact or by such conven tional methods as clips or other attachments. In any of these applications it adds rigidity to the structure and vastly increases insulation value and fire resistance. PHYSICAL PROPERTIES Light Weight--Nominal 20-lb. density Kaylo Block is about a third lighter than yellow pine. On an oven-dry basis it weighs from 19.5 to 22 pounds per cubic foot. High Strength--Its compressive strength is approximately 500 lb. per sq. in. with a deformation of 5 per cent. Flexural strength is approximately 175 lb. per sq. in. Fireproof--Kaylo 20-lb. density Structural Insulating Block has been tested at the Underwriters' Laboratories in Chicago and given the following rating, based on com parison with untreated Red Oak as 100. Flame spread.........................0.0 Fuel contributed................... negligible Smoke produced .................... 0.0 Good Insulation Value--At low mean temperatures Kaylo Structural Insulating Block is one of the most efficient structural mineral insulations. At high mean temperatures it still compares favorably with heat insulating materials of its own weight. High Light Reflectivity--Where left exposed and untreated (as with the underside of a roof deck) Kaylo Structural Insulating Block has high light reflectivity. Its light re flection factor is from 70 to 80 per cent. Non-Abrasive Surface--Its surface is non-abrasive. It has a somewhat "soapy" feel that makes it pleasant to handle. At the same time it has a firm surface that assures good contact with surfaces applied over it. No Added Binder--It contains no added binder, but in stead constitutes its own binder. Hence its characteristics are not modified as to temperature limit, solubility, insu lation value, fire resistance or otherwise by "binder limitations." STRUCTURAL INSULATING BLOCK Good Workability--Kaylo Structural Insulating Block is responsive to wood working tools. It can be sawed with a hand saw or power saw, can be routed, tongue-andgrooved, sanded, and, in fact, run through most wood working equipment. Dimensionally Stable--The dimensions of Kaylo Struct ural Insulating Block change little with changes in moist ure content. Experience has shown from the manufacture of thousands of units of laminated structures that they have unusual dimensional stability and unusual freedom from warping. High Modulus of Elasticity--The modulus of elasticity of 20-lb. density block is approximately 160,000 lb. per sq. in. Available with and without Reinforcing--In the form of roof tile Kaylo Structural Insulation is available with a steel reinforcing mat. In the form of core material for var Low Specific Heat--The specific heat of Kaylo Struc ious types of structure it is available without reinforcing. tural Insulating Block is approximately 0.22. Accepts Noils and Screws--Both nails and screws can be Cellular Structure--Kaylo Structural Insulating Block is used with Kaylo Structural Block. Tables showing holding about 80 per cent inter-communicating air cells. The power of both are available on request. Nails should be of cells are extremely small, less than a micron in diameter. the cement-coated type without barbs that abrade the sides of the opening they make as they are driven into the Low Moisture Absorption--Kaylo Structural Block is block. Galvanized or non-ferrous nails may be used where hygroscopic. It will absorb moisture from humid air and greater resistance to corrosion is required. Screws may be will reach equilibrium at lower moisture contents when inserted either with or without drilling a pilot hole. exposed to lower humidities. However, because of its extremely small pore size and other characteristics, its behavior with respect to moisture differs from that of Sizes--Kaylo Structural Insulating Block is made in a standard size of 18 x 36 inches. i jmost porous materials. It has unusual capacity to dis- Since most uses involve manufacturing operations, thick tribute moisture within its mass, and to give it off to nesses that are practical can best be worked out with the surrounding air of lower moisture content. manufacturer of Kaylo Insulating Products after approxi Its moisture absorption when surrounded by humid air is low. Test specimens dried for 24 hours at 215 F., mate quantities needed are known. These will usually be between one and two inches thick. cooled and then exposed on all surfaces to an atmos phere of 90 per cent relative humidity and a tempera ture of 120 F. for six hours, absoibed less than one per cent of moisture by volume. Certain thicknesses are suggested by certain building re quirements. A thickness of from l34 to 2 inches of Kaylo Structural Insulating BJpckJs required to withstand a typical building fire for one hour--usually somewhat more Consistent with the common practice for good construc tion involving porous insulating materials of high for a partition than for a door because of the greater per formance required of a partition. internal surface area, Kaylo Structural Insulating Blpck should be sealed against moisture on the warm side when it is subjected to extremely low temperatures. 20-Lb. and 11-Lb. Density Block Can Be Used in Combination. Where two thicknesses of insulation are used to build up an insulating structure it is possible to use the two den High Wet Strength--Kaylo Structural Insulating Block, like most other insulating materials, is not intended to sities in combination to develop the best insulation value strength and fire resistance. sene immersed in water or exposed to extremely damp or humid conditions, yet its flexural strength when wet (immersed 10 hours) is reduced only about 15 per cent. Kaylo Division OWENS-ILLINOIS * ! LAMINATION amination over a Kaylo Insulating Core--Almost any face material may be bonded to Kaylo Structural Insul ating Block surfaces. Bonding agents can be selected to meet the requirements of the particular facing--also to satisfy the service requirements of the finished product --and still offer some choice in curing procedures. Some adhesives and primers which may be used with various types of face materials are listed below. tThis list is not intended to be complete. Its only purpose is to identify a partial list of adhesives. An adhesive noj^ listed does not imply that it is not suitable. These hav^ been found to provide a tensile strength of 35 lb. per square inch and a minimum shear strength of 100 lb. oersauare inch when cured according to the manufac turers recommendation. They are not listed in the order of their adhesive strength.) ADHESIVES AND PRIMERS FOR JOINING STRUCTURAL INSULATING BLOCK TO: ^ r- Woon Veneer or Paper or Plastics Dvrit* No. 3026A Ponocofito 01131 Pecora 714 Colobond 720 VinyUoal MA 28*18 Amborfito PR U 8ostik 7026 Rodux Synco S-8348+1301W (OW) R*iorabond R*12 Armstrong J*1162 Tego O O G O O O o o o o o o - Steel, Stainless Steel Galvaneal, or Aluminum Duril* No. 3026A or No. ANH267 N100 W G Pecora 718 3MEC 826 G GOG Ponocolit* Gil31 Inialut# No. 1 Oo Intcrlok* 4162 GO Vulcolock GO DuPont 4653 GOG DuPont 4646 GOG Rtsorsabond R*12 O C.E. 2U2 G G.E. 7031 G Sottik 7026 O Sottik EXE 138 O toslik 1007 Vinylseal MA 28-18 O G Amborltt* PR-14 O Rtdux O Armstrong J-1162 O Kaylo Insulating Block or Cement-Asbestos Board Durit* 3026A Ponocolit* G1131 Armstrong J 1162 Insalvto 1 G 2162 Solectron 5003 VTnyltool MA 28-16 Amborfit* PR-14 bostik 7026 So.Kk EXE 138 Sodium SiKcat* Rdwx Synco X-8348+130LW (0W) Roiorsobond R-l 2 Togo o 0 o0 G G G O O0 o oo oo sf.'vq * -> - K*: -i' *7 vS * *. < Clamped at room temperature for 24 hours. Q Clamped in oven at 120 F. for 1 hour. Symbols for method of cure: Q Placed in press at 10 p.s.i. at 300 F. for 10-30 minutes. For Maximum Strength * i Placed in press at 100 p.s.i. at 300 F. for 10-30 minutes. Clamped in oven at 250 F. for 10-30 minutes. High-frequency curing has been tried successfully on an experimental basis with wood, aluminum and stainless steel bonded to a Kaylo nsulating core. Many of the manufacturers making the above listed adhesives can provide adhesives suitable for high-frequency curing. r---------------------------------------- ------------------- I Kaylo Division OWENS-ILLINOIS GLASS COMPANY Toledo 1, Ohio The Right Material... Expert Application First, Kaylo Heat Insulation is proved a better material hydrous calcium silicate. Its light weight, strength, waterinsolubility, low conductivity and wide temperature range give you extra advantages ut no extra cost. Second, Kaylo distributors have the technical knowledge and experience to provide you with a complete insulating service. Their trained applicators are skilled craftsmen who do neat and efficient installation. To bo sure of getting the most out of your insulating dollars for your next job, call the nearest Kaylo distributor. Chances are you can find him listed in the yellow pages of your phone book. If not contact us and we'll give you his name. KAYLO WRITt FOR FREE BOOK--''Kaylo Heat Imulalion." Address: Dept. N-370, Owent*lllnos Clots' Com* pony, Kaylo Division, Toledo 1, Ohio. .. first in calcium silicate ...pioneered by OWENS I LLINOIS Glass Company MAIN OfFIC(: TOICOO I. OHIO-KAYLO SALES OFFICES: ATLANTA CHICAGO HOUSTON NEW YORK PHILADELPHIA PITTSBURGH ST. LOUIS Owens-Illinois Glass Company--Kaylo Division AcWcrtisement No. K-153, appearing in the following publication*: Chemical Engineering -Jan., 1953 Oil Sl Cat Journal--Jan. 12. 1953 Plant Engineering Jan.. 1953 Power -- Jan.. 19S3 Petroleum Refiner --Feb . 19S3 Chemical Processing - Feb.. 1953 r ........ ........ .. r-tv i q; > For Radii Com %lnch... to Infinity Nesting Kaylo Heat Insulation Requires Fewer Pieces Per Job The complete range of Kaylo Insulation includes pipe covering in Simplified Dimensional Standards for diameters from in. to 72 in., curved block from 72 in. to 60 ft. and flat block for surfaces of less curvature whose radii approach infinity. With its wide selection of interchangeable sizes and shapes, Kaylo Insu lation reduces the number of items needed per job and permits substantial savings in warehousing maintenance stock. WRITE FOR FREE BOOK--KoyioH.o. Insulotion," KAYLO Address: Dept. N*371, Owens-Illinois Cion Compony, Koylo Division, Toledo 1, Ohio. ... first in calcium silicate 4 ...pioneered by OWENS .(?)>ILLINOIS Glass Company MAIN OFFICE: TOLEDO 1, OHIO-KAYIO SALES OFFICES: ATLANTA CHICAOO HOUSTON NEW YORK PHILADELPHIA PITTSBURGH ST. LOUIS Owens-Illinois Glass Company Advertisement No. K-15* --appearing in the following publications: Plant Engineering--March. 1953 Oil & Cat Journal --March 23. 1953 Chemical Engineering--March. 1953 Chemical Procettmg - April. 1953 Petroleum Refine- Mav 1 PROOF OF SERVICE 2 I, Cherly Dorsey, do hereby declare and state: 3 I am employed in the City and County of San Francisco, California. I am over the age of 18 years and not a party to 4 the within action. My business address is The Federal Reserve Bank Building, 101 Market Street, Suite 601, San Francisco, 5 California, 94105. On August 4, 1989, I served the within: 6 DEFENDANT, OWENS-ILLINOIS, INCH'S ANSWERS TO PROPOSED PLAINTIFF'S FIRST SET 7 OF INTERROGATORIESS 8 on the parties in this action, by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: 9 Ms. Jackie Goldsley 10 Kazan & McClin 171 - 12th Street, Suite 300 Oakland, CA 94607 11 12 /XXX/ (By Personal Service) I caused each such envelope to be delivered by hand to the offices of each addressee above. 13 14 I declare under penalty of perjury that the foregoing is true and correct. Executed this 4th day of August, 1989 at San Francisco, California. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ASB00-129:06600.00001 -29- XJ4.'W+' 7~* KjOAK^mcutr APVIOreVOMM. IiV.TcHotfifPTOHfSt*trnjOCNV MIATrntAQOl CFmlOJOFAtotfiY t4iltMS>TOft H<4M>VS r C t Denise Abrams, Esq. KAZAN & McCLAIN, A Professional Law Corporation 2 1?1 Twelfth Street, Suite 300 Oakland, California 94607 Telephone: (41S) 46S-7728 3 Attorney for Plaintiff fi 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ft IN AND FOR THE COUNTY OF ALAMEDA 9 10 WILLIE COLEMAN 11 12 Plaintiff, ) No. 65049S-3 ) ) ) INTERROGATORIES vs. ) 13 ) FIBREBOARD CORPORATION, et al., ) 14 ) Defendants. ) 15 ________________ ___________ -1 . 16 PROPOUNDING PARTY: Plaintiff, WILLIE COLEMAN 17 RESPONDING PARTY: Defendant, OWENS-ILLINOIS, INC. 19 SET NUMBER: ONE (1) 19 20 TO DEFENDANT AND TO THE ATTORNEYS OF RECORD HEREIN: 21 Plaintiff requests that defendant OWENS-ILLINOIS answer the 22 following Interrogatories fully, separately and under oath, 23 pursuant to 52030 of the California Code of Civil Procedure. 24 DEFINITIONS 25 "NAME" shall refer to the name, business and residence 26 33901 1. M**)*CCfttN iUnaiWvMpCOiLOHfRtMPSOhSRoTAnTiiaICOlNT yhiup rum mhciamC. C*uf ? Riftf\$\ US 4*3 6 1 ft 0 10 11 13 13 14 15 16 17 ift IB 30 21 32 23 3V 25 26 rf address* and business and residence telephone number of persons inquired about herein. "USED" shall refer to asbestos-containing products which were purchased, distributed, or otherwise supplied to or possessed by the various contractors named herein. "Fruitvale Cannery" shall refer to the canning business and plant located at 90S 66th Avenue, Fruicvals, Oakland, California, known at various times as Fruitvale Cannery, National Can, Glorietta Foods, and Tri-Valley Growers. "OWENS-ILLINOIS" shall refer to Owens-Illinois, Inc. and its predecessors, including but not limited to Owens-Illinois Glass Company. INTERROGATORY NO. 1: NAME each and every person who can identify any ashestoecontaining products USED by Western Asbestos Company in Northern California between the years 1944 and 1967. INTERROGATORY NO. 2: NAME each and every person who can identify any OWENSILLINOIS products USED by Western Asbestos Company in Northern California between the years 1944 and 1958. INTERROGATORY NO. 3: NAME each and every person who can identify any asbestoscontaining products USED by Bay Cities Asbestos Company in Northern California between the years 1944 and 1948. INTERROGATORY NO. 4: NAME each and every person who can identify any OWENS- 33901 2. /i>a !um xTO 0"ItWtfct >2* 111 41(3 1 7 3 4 S e 7 e 9 10 II 12 12 14 IS 10 17 18 19 20 21 22 23 24 25 ff ILLINOIS products USED by Bay Cities Asbestos Company in Northern California between the years 1944 and 1946. INTERROGATORY no. 5; NAME each And every person who can identify any asbestoscontaining products OSED by Plant Asbestos Company in Northern California between the years 1947 and 1958. INTERROGATORY NO. G; NAME each and every person who can identify any OWENSILLINOIS products USED by Plant Asbestos Company in Northern California between the years 1947 and 1958. INTERROGATORY NO. 7: NAME each and every person who can identify any asbestoscontaining products USED by Plant Rubber c Asbestos Works in Northern California between the years 1944 and 1947. INTERROGATORY NO. B: NAME each and every person who can identify any OWENSILLINOIS products USED by Plant Rubber i Asbestos Works in Northern California between the years 1944 and 1947. INTERROGATORY NO. 9; NAME each and every person who can identify any asbestoscontaining products USED by Asbestos Company of California in Northern California between the years 1944 and 1947. INTERROGATORY NO. 10; NAME each and every person who can identify any OWENSILLINOIS products USED by Asbestos Company of California in Northern California between the years 1944 and 1947. 33901 3. X2.' MtM 4 MCCUhlN <(^f$lONAL \4jA\ TrC^Oe*ixmd*s*nmOc'r 0MUr*U*CoHCOALO^N.I7 (M4i'iS)4ltKUf'V*H' fh*. fS) 199-dlO ' c c ) INTERROCATORY NO. 11: 2 NAME each and every person who can identify any ashe9tosi containing products USED at Puget Sound Naval Shipyard in 4 Bremerton* Washington in 1943 and 1944. s INTERROGATORY NO. 12: 6 NAME each and every person who can identify any OWENS1 ILLINOIS products USED at Puget Sound Naval Shipyard in 8 Bremerton* Washington in 1943 and 1944. 9 INTERROGATORY NO. 13: 10 NAME each and every person who can identify any asbestos- 11 containing products USED by insulation contractors at Fruitvale 12 Cannery in Fruitvale, California between the years 1946 and 1958 13 INTERROGATORY NO. 14: 14 NAME each and every person who can identify any OWENS- 15 ILLINOIS products USED by insulation contractors at Fruitvale 16 Cannery in Fruitvale, California between the years 1946 and 1958 17 INTERROGATORY NO. IS: IB NAME each and every person who can Identify any asbestos19 containing products used at Fruitvale Cannery in Fruitvale, 20 California between the years 1946 and 1958. 21 INTERROGATORY NO. 16: 22 NAME each and every person who can identify any OWENS- 23 ILLINOIS products USED at Fruitvale Cannery in Fruitvale, 24 California between the years 1946 and 1956. 25 INTERROGATORY NO. 17: 26 NAME each and every person who can identify any asbestos- 33901 4. *}.' V**-' 3V WiAMtMsCUUN A MKJ'ESStCNA*. UMCOaWUTlOM in jmttT WW 'lOO OMUwtxcwj*- um> Hp'uii ittiw)i nu r c containing products USED at Oakland Army Base in Oakland, California in 1944 and 1945. INTERROGATORY NO. 18; NAME each and every person who can identify any OWENS- ILLINOIS products USED at Oakland Army Base in Oakland, California in 1944 and 1945. INTERROGATORY NO. 19: NAME each and ewery person who can Identify any asbestos- containing products USED at Alameda Naval Air Station in Alameda, 10 California in 194S and 1946. 11 INTERROGATORY NO. 20: 12 NAME each and every person who can identify any OWENS- 13 ILLINOIS products USED at Alameda Naval Air Station in Alameda, u California in 1945 and 1946. is INTERROGATORY NO. 21: NAME each and every person who can identify any asbestos- 16 containing products manufactured by any defendants other than 17 IB OWENS-ILLINOIS and USED by Western Asbestos Company in Northern California between the year9 1944 and 1959. 19 INTERROGATORY NO. 22: 20 NAME each and every person who can identify any asbestos- 31 containing products manufactured by any defendants other than 32 OWENS-ILLINOIS and USED by Bay Cities Asbestos Company in 23 Northern California between the years 1944 and 1948. 24 INTERROGATORY NO, 23: 25 NAME each and every person who can identify any asbestos- 36 33901 5. UluilikCuM on UH)CQWO*riON >l TWtl/Tri STMECr aMipT<w*Kaw4ocrSuhTXu7Mnmis' f c 1 containing product* manufactured by any defendants other than OWENS-ILLINOIS and USED by Plant Asbestos Company in Northern 2 California between the years 194? and 1950. 3 4 INTERROGATORY NO. 24i # e ? 8 9 10 11 8 12 I NAME each and every person who can identify any a9beatoscontaining products manufactured by any dfifendant6 other than OWENS-ILLINOIS and USED by Plant Rubber l Asbestos Works in Northern California between the years 1944 and 1947. INTERROGATORY NO. 25; NAME each and every person who can identify any asbestoscontaining products manufactured by any defendants other than OWENS-ILLINOIS and USED by Asbestos Company of California in Northern California between the years 1944 and 1947. 13 INTERROGATORY NO. 26: 14 NAME each and every person who can identify any asbestos16 containing products manufactured by any defendants other than 16 OWENS-ILLINOIS and USED at Puget Sound Naval Shipyard in 17 Bremerton, Washington in 1943 and 1944. 16 INTERROGATORY NO. 27; 19 NAME each and every person who can identify any asbestos- 20 containing products manufactured by any defendants other than 21 OWENS-ILLINOIS and USED at Fruitvale Cannery in Fruitvale, 22 California between the years 1946 and 1958. 23 INTERROGATORY NO. 28: J4 NAME each and every person who can identify any asbestos- 25 containing ptoducta manufactured by any defendants other than 26 33901 6. ib*MrwCOuOrr**0)FtalOiMn TVhHO^lOM 6*1*uq Cm.iC M0> pi3|Mt.77M cuwami 1 2 3 4 5 6 7 8 8 10 11 12 13 14 15 16 17 18 18 20 2i 72 23 24 25 26 cc OWENS-ILLINOIS and USED at Alameda Naval Air Station in Alameda, California in 1945 and 1946. INTERROGATORY NO. 29: NAME each and every person who can identify any asbestoscontaining products manufactured by any defendants other than OWENS-ILLINOIS and USED at Oakland Army Base in Oakland, California in 1944 and 1945. INTERROGATORY NO. 30: NAME each distributor of OWENS-ILLINOIS products in the Northern California area between the years 1944 and 1958. INTERROGATORY NO. 31? -For each distributor listed in response to Interrogatory No 30, identify the years inclusive that the distributor sold owens ILLINOIS products in the Northern California area. INTERROGATORY NO. 32: NAME each salesperson who sold OWENS-ILLINOIS products in the Northern California area between the years 1944 and 1958. INTERROGATORY NO 33: For each salesperson listed in response to Interrogatory No 32 identify the years inclusive that the salesperson sold OWENSILLINOIS products in the Northern California area. INTERROGATORY NO 34: NAME every person with knowledge of the OWENS-ILLINOIS products sold in Northern California between the years 1944 and 1958. INTERROGATOR^ NO. 35: 33901 7. MN ItMCUlM otpiocrCooSmShOWN'AOLm im TwttSTH pnesr TmflOfuOO* OMLAN&. CmjF. Mtol (41 S)jfr7>2 rw<(SMDWk14" ii] t 2 3 4 5 E 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 21 25 26 cc NAME each distributor of OWENS-ILLINOIS products in the State of Washington in 1943 and 1944. INTERROGATORY NO. 36; For each distributor named in response to Interrogatory No. 35, identify the years inclusive that the distributor sold OWENS ILLINOIS products in the State of Washington. INTERROGATORY NO. 37: NAME each salesperson who sold OWENS-ILLINOIS products in the State of Washington in 1943 and 1944. INTERROGATORY NO. 38: For each salesperson listed in response to Interrogatory No 37, identify the years inclusive that the salesperson sold OWENS ILLINOIS products in the State of Washington. INTERROGATORY NO. 39: NAME each and every person with knowledge of the OWENSILLINOIS products sold in the State of Washington in 1943 and 1944. INTERROGATORY NO 40; NAME every person with knowledge of the OWENS-ILLINOIS products sold to Western Asbestos Co. between the years 1944 and 1958. INTERROGATORY NO 41: NAME every person with knowledge of the OWENS-ILLINOIS products sold to Bay Cities Asbestos Company between the years 1944 and 1948. INTERROGATORY NO 42: 33901 8. 1*2*>4 MiCbOMr MOtUSlOKM. I U*fCtoO(i,r*rOviI.|r*nNwO(r*r TH*0*(.00* OAKtAMO. CL; MB' <wasrm I W|S|UM Q 1I 2 3 4 5 s 7 a 0I io | n| ff NAME every person with knowledge of the OWENS'ILLINOIS products sold to Plant Asbestos Company between the years 1947 and 1956. INTERROGATORY NO. 43: NAME every person with knowledge of the OWENS'-ILLINOIS products sold to Plant Rubber Asbestos Works between the years 1944 and 1947. INTERROGATORY NO. 45: NAME every person with knowledge of the OWENS-ILLINOIS products sold to Asbestos Company of California between the years 1944 and 1947. INTERROGATORY NO 4S: NAME every person with knowledge of the OWENS-ILLINOIS n products sold to Fruitvale Cannery at Fruitvaie, California '.t between the years 1946 and 1952. 15 INTERROGATORY NQ. Ag; 16 NAME every person with knowledge of the OWENS-ILLINOIS 17 products sold to Alameda Naval Air Station at Alameda, California IB in 1945 and 1946. 19 INTERROGATORY NO. 47: 20 NAME every person with knowledge of the OWENS-ILLINOIS products sold to Oakland Army Base at Oakland, California in 1944 22 and 1945. *> INTERROGATORY NO. 48: 24 NAME every person with knowledge of the OWENS-ILLINOIS 35 products sold to Puget Sound Naval Shipyard at Bremerton, 26 33901 3. KAZAN McCLA* i <X(M'ONl \.mn COWOSaTiOm TmMO^LOO* Oakl'4a<nadC**a.?l#>MST |4ij|4A>rni (4tDUS-M13 1 2 : 4 9 6 7 8 e 10 u 12 13 14 16 16 17 18 19 20 21 22 33 2 2G 36 Washington in 1943 and 1944. INTERROGATORY NO. 49: NAME each and every person who can identify any asbestos- containing products USED by J.T. Thorpe in Northern California between the years 1946 and 1972. INTERROGATORY NO. SO: NAME each and every person who can identify any OWENS- ILLINOIS products USED by J.T. Thorpe in Northern California between the years 1946 and 1958. INTERROGATORY NO. Sit NAME each and every person who can identify any asbestos- containing products manufactured by any defendants other than OWENS-ILLINOIS and USED by J.T. Thorps in Northern California between the years 1946 and 1958. INTERROCATORY NO 52: NAME every person with knowledge of the OWENS-ILLINOIS products sold to J.T. Thorpe between the years 1946 and 1958. DATED: X 217-' 1982 KAZAN 4 McCLAIN A Professional Law Corporation DENISE ABRAMS 1 Attorney for Plaintiff 33901 10.