Document B5K6p3xp3NE0kVEkqMEBj2RVj

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS WESTERN SECTION k PAUL M.CULLINAN, et al., * * Plaintiffs f * * * v, * * * MONSANTO COMPANY, et al,, * * Defendants. * * **************** CIVIL ACTION NO. 85-0 378-F ANSWERS AND OBJECTIONS OF DEFENDANT THE B.F. GOODRICH COMPANY TO INTERROGATORIES PROPOUNDED BY THE PLAINTIFF(S), SET I The defendant The B.F. Goodrich Company (BFG) submits the following answers and objections to the plaintiffs' first set of interrogatories addressed to it. In responding to these interrogatories BFG has complied with the appropriate provisions of the Federal Rules of Civil Procedure, which may vary from the "instructions" and "definitions" included therein. INTERROGATORY NO. 1; Please state your corporate name, state and date of incor poration, corporate purpose, address of principal place of busi ness, names of all subsidiaries and predecessor corporations, corporate purposes of all subsidiaries and predecessor corpor ations, and the date of acquisition by you of all subsidiaries, and the dissolution of all predecessor corporations. BFG10995 OBJECTION TO INTERROGATORY NO. 1: This interrogatory is objected to to the extent that it seeks information not relevant to the subject matter involved in this action and is unnecessarily broad. Relevant informa tion is hereafter supplied. ANSWER TO INTERROGATORY NO. 1: The B.F. Goodrich Company; incorporated May 2, 1912, New York; 500 South Main Street, Akron, Ohio 44 318. The B.F. Good rich Company is a diversified manufacturer of plastics, spe cialty chemicals, tires, aerospace and defense products and other industrial products. INTERROGATORY NO 2; For all products or materials containing polyvinyl chloride ("PVC") and/or vinyl chloride ("VC") or for which PVC and/or VC was a product of decomposition sold or supplied by you to the Monsanto Company between the years 1953 and 1979, please state: a. trade name; b. the name and address of the plant to which the product or material was shipped; c. the dates during which the product was shipped to that plant. OBJECTION TO INTERROGATORY NO. 2; This interrogatory is objected to to the extent that it seeks information not relevant to the subject matter involved in this action insofar as it seeks information relating to sales -2- BFG10996 K )J T T 2 to Monsanto Company for delivery and use at plants other than the Indian Orchard, Massachusetts, plant. Relevant information is hereafter supplied. ANSWER TO INTERROGATORY NO. 2: The only record of sales to Monsanto's Indian Orchard, Massachusetts, plant are as follows: a. i. ii. iii. Vinyl chloride monomer 85642 G.P. 260 rigid PVC pipe extrusion compound 3007 grey 250 CPVC compound b. Monsanto, Indian Orchard, Massachusetts c. i. November 1974 ii. January 1975 iii. January 1975 INTERROGATORY NO. 3: For each product identified in response to Interrogatory 2, please state the following: a. composition, including amount and nature of PVC and/or VC; b. intended use; c. form of product or material and manner of packaging; d. place of manufacture, marketing,, sale and distribu tion; e. dates during which you manufactured, produced, shipped, marketed, sold or distributed this product. ANSWER TO INTERROGATORY NO. 3: a. i. ii. iii. 100% vinyl chloride monomer 88% PVC resin with various additives (stabilizers, impact modifiers, pigments) 90% CPVC resin with various additives (stabilizers, impact modifiers, pigments) eat>7z,TTz -3- BFG10997 b. i. ii. iii. Manufacture of PVC (assumed) Unknown - small sample size indicates test sample Unknown - small sample size indicates test sample c. i. ii. iii. Tank car Unknown Unknown (assumed) d. Unknown - no records available e. i. ii. iii. November, 1974 January, 1975 January, 1975 INTERROGATORY NO. 4: For all products containing PVC and/or VC or for which PVC and/or VC was a product of decomposition sold or supplied by you to the Monsanto Company during the years 1953-1979, please identify: a. all purchase orders evidencing such sales or supply; b. all invoices evidencing such sales or supply; c. all statements of account evidencing such sales or supply; d. any other written materials including office memoranda relating to such sales or supply; e. all correspondence with or between officers or agents of the Monsanto Company relating to such sales. OBJECTION TO INTERROGATORY NO. 4; This interrogatory is objected to to the extent that it seeks information not relevant to the subject matter involved in this action insofar as it seeks information relating to sales to Monsanto Company for delivery and use at plants other than the Indian Orchard, Massachusetts plant. Relevant information is hereafter supplied. 21171004 -4- BFG10998 ANSWER TO INTERROGATORY NO. 4: The only available information is in the form of sales sum maries. The relevant information contained in those summaries is as follows: Product Quantity Sold Date Sold VCM PVC compound CPVC compound 925,270 # 600 # 200 # November 1974 January 1975 January 1975 INTERROGATORY NO. 5: For each individual in your employ at any time subsequent to 1953, who has knowledge of the sales or supply by you of PVC and/or VC-containing products or materials, or products or mate rials for which PVC and/or VC is a product of decomposition, to the Monsanto Company between the years 1953 and 1959, please state: a. the individual's name; b. his or her present address and telephone number; c. his or her present employment and job classification if still in your employ; d. his or her job title during the time that he or she had such knowledge, with dates for each job title. OBJECTION TO INTERROGATORY NO. 5; This interrogatory is objected to to the extent that it seeks information not relevant to the subject matter involved in this action insofar as it seeks information relating to sales to Monsanto Company for delivery and use at plants other than the Indian Orchard, Massachusetts, plant. Relevant information is hereafter supplied. 21171005 -5- BFG10999 ANSWER TO INTERROGATORY NO. 5: We have not been able to locate any specific individual with this knowledge. INTERROGATORY NO. 6: Please state the full name, home address and telephone num ber, business address and telephone number, and employment capac ity or title of the individual signing these interrogatories on behalf of the answering defendant, and of all other individuals who have supplied information in answer to these interrogatories, specifying next to the name of each such individual the number of the interrogatory or interrogatories to which that individual contributed the response. ANSWER TO INTERROGATORY NO. 6: Gary A. Jones, Manager, Litigation Support 6100 Oak Tree Boulevard Cleveland, Ohio 44131 Donald R. Hise Nos. 2, 3, 4, 5 Manufacturing Manager-Petrochemicals P.O. Box 527 Highway 1523 Industrial Loop Calvert City, Kentucky 42029 The following individuals are located at 6100 Oak Tree Boulevard Cleveland, Ohio 44131 Veronica Zalewski Nos. 2, 3, 4, 5 Records and Forms Supervisor Gary D. Garman Nos. 2, 3, 4, 5 Marketing Specialist, Temprite CPVC Group Joseph C. Kelley Nos. 2, 3, 4, 5 Technical Service Manager, Geon Vinyl Division James D. Tanzilli Nos. 2, 3 Manager, Product Safety Literature 21:171006 -6- BFGHOOO STATE OF OHIO COUNTY OF CUYAHOGA ) ) SS ) PAUL M. CULLINAN, as Executor of the Estate of Paul R. Cullinan, deceased, and in his own behalf; Edward Cullinan; Patricia Layton; and Margaret Cullinan, Plaintiffs, vs. MONSANTO COMPANY; THE DOW CHEMICAL CO.; B.F.GOODRICH CO.; GREAT AMERICAN CHEMICAL CORP., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I, Gary A. Jones, being duly sworn, state that I am Manager, Litigation Support of The B.F.Goodrich Company; that the foregoing Answers to Interrogatories are not based upon my personal knowledge but are based upon information contained in regular business records and upon information received from other employ ees; and that the foregoing Answers to Interrogatories are true and correct to the best of my knowledge and information. Ga^y A. /Hones j Manager ,1/Litigation Support The B.F.Goodrich Company 6100 Oak Tree Blvd. Cleveland, OH 44131 (216) 447-6226 Subscribed and sworn to before me this day of Apr il. 1986 . .*~y .y Notary Public G.ilL L. C'Tf-X, Vi-rricy At Law Notary PujI-c 5ia:e o( Ohio My corr,in.os.cn i.cs r.o axpiraiioft data. Section 147.03 R. C. -7- BFG11001 21171007 Signed as to the within objections to interrogatories num bered 1, , 4 and 5 this 22nd day of April, 1986. -8- BFG11002 21171008 CERTIFICATE OF SERVICE Boston, Massachusetts April 24, 1986 I, Allan van Gestel, attorney for The B.F. Goodrich Com pany, hereby certify that I this day served a copy of the within ANSWERS AND OBJECTIONS OF DEFENDANT THE B.F. GOODRICH COMPANY TO INTERROGATORIES PROPOUNDED BY THE PLAINTIFF (S) , SET I to all parties of record by mailing a copy of the Answers and Objections, postage prepaid, to the following: Keith S. Halpern, Esquire Silverglate, Gertner, Baker & Fine 88 Broad Street Boston, MA 02110 Robert P. Powers, Esquire Me lick & Porter 11 Arlington Street Boston, MA 02116 Lane McGovern, Esquire Ropes & Gray 225 Franklin Street Boston, MA 02110 21171009 -9- BFG11003