Document B89yeaGD6NepQ973vR7gxRxxj

FILE NAME Owens Illinois Library OWL DATE 1993 Aug 26 DOC OWL003 DOCUMENT DESCRIPTION Defendant's Responses to Plaintiffs First Set of Interrogatories MD075.ASB 08/26/93 IN THE CIRCUIT COURT FOR BALTIMORE CITY MARYLAND IN RE PERSONAL INJURY * AND WRONGFUL DEATH ASBESTOS CASES * BILL ADAMS ET AL Plaintiffs v ARMSTRONG WORLD INC ET AL INDUSTRIES Defendants * * * * * * * September Term Before the Honorable * Joseph I. Pines Circuit Court Judge * * Case No * * * * * DEFENDANT ILLINOIS INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES TO DEFENDANTS PRELIMINARY STATEMENT Some of the events which may be relevant to the matters inquired about by Plaintiffs Interrogatories apparently occurred more than thirty years ago In addition effective April 30 1958 Illinois Inc. disposed of the business involved in this action by way of sale of that business to Owens- Corning Fiberglas Corporation Since that Inc. has not engaged in any such business time Illinois It does not now and it has not since that sale manufactured distributed or sold any of its containing products As a result of the foregoing factors many of the individuals who might have had personal knowledge of the matters to interrogatories relate are deceased which plaintiffs or are otherwise unavailable to Illinois Inc. and investigations to date indicate that at least some documents which relate to matters inquired about by these interrogatories were transferred to Corning Fiberglas Corporation with the transfer of the business in question in 1958. Illinois Inc. is engaged in a continuing public accountant firm or firms which compile net worth statements and profit and loss statements for you for the past seven years to date A. 13. Not applicable to this defendant Refer to answer to Interrogatory No. 12 Q. 14. List by title author or authors publisher and date of publication all scientific articles treatises text books books magazines handbooks manuals and any other published matter whatsoever of a scientific industrial hygiene or engineering medical or industrial or consumer safety nature which you have ever possessed of whether it was contained in your library regardless A. 14. This defendant objects to this interrogatory as being vague ambiguous irrelevant overly broad burdensome and oppressive not reasonably calculated to lead to the discovery of admissible evidence and not limited in time or scope to any issue which is the subject of this case Further this defendant objects to this interrogatory in that it seeks information protected by the attorney and the attorney product privilege Without waiving the above objections during the period of time pertinent to these actions this defendant did not maintain an entity which would be characterized as an industrial hygiene medicine safety and engineering library However this defendant believes that a separate engineering library may have been maintained by its technical facility This defendant also states that although it has no records indicating the existence of such a library upon becoming involved in asbestos litigation this defendant listed all the publications which were in its then existing industrial hygiene library These publications are listed on Exhibit III This defendant has not yet determined which if 9 any of these publications were in this defendant's possession during the time it manufactured sold and distributed its containing products Q. 15. Give the date of acquisition by you of each such publication listed in your answer to the interrogatory immediately preceding reference its A. 15. objection and This defendant incorporates answer to Interrogatory No. by 14 Respectfully submitted Tostanski Tostanski Gerry Lawrence Gerry Hooper Jr. H. Tostanoski Tydings & Rosenberg 100 East Pratt Street Baltimore Maryland 410 752-9700 21202 Attorneys for defendant Illinois Inc. 10 AFFIDAVIT STATE OF OHIO COUNTY OF WOOD ) SS ) H. G. BRUSS being duly sworn according to law deposes and says that he is an Assistant Secretary of Owens 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 ILLINOIS INC.'S ANSWERS TO INTERROGATORIES are true and correct to the best of his knowledge information and belief H. G. BRUSS SWORN TO and subscribed before me this 1H 1H day of My Commission SEAL Expires THERESAR THERSAR DEWITT Attorney Law NOTARY PUBLIC - STATE OF OHIO My Commission has no expiration date Section 147.03 0.R.C. 19 August , 1993 1993 Notary Public EXHIBIT III by the 1958 American Medical Association Archives American Archives Health published Medical Association Vol 11 1955 through Vol Reviews Annual Review of Nuclear Inc. 1952 through 1953 Science published 1955 through 1957 by Annual Archives of Industrial Industrial Hygiene and Medicine published by the American Occupational 1954 Medical Association 1950 to British Journal of Industrial Industrial British Medical Medicine published by Association 1949 through 1958 worth Industrial Medicine and Hygiene and Company 1954 through 1956 published by Butter- Industrial Medicine and Surgery 1949 through 1958 Journal published by the of Industrial Hygiene and Toxicology The Williams and Wilkins Company 1928 through 1949 America through the Noise Control published by 1955 1958 Accoustical Society of Aids to Anatomy Last 1951 Airborne Contagion and Air Bygiene An Ecological Study of Traupwood Infections Wells 1955 Analytical Chemistry Quantitative Analysis 1937 By Treadwell Vol 1 Chemical Scheslan 1953 Analysis of Industrial Solvents Jacobs and Chemical Engineers Handbook edited by Perry 1941 Design of Industrial Exhaust Systems Alden 1939 Dictionary of Modern English Usage A by Fowler 1926 Electromagnetically Spectrometry Proceedings of Hall Harwell Sept. 1955 Enriched Isotopes and Mass the Conference Held in Cockcroft edited Encyclopedia of Instrumentation by Yasse Byers and Hosey 1956 for Industrial Hygiene Fatigue edited by Floyd and Welford 1953 Handbook of Toxicology edited by Spector 1955 and History of Factory and Mine Hygiene Human Machine The Shilling 1955 Teleky 1948 Industrial Environment and Its Control The by Dallavalle 1948 , 1954 ~ Industrial through 1956 Medicine and Hygiene edited by Merewether Dean 194I8ndustrial Methods of Analysis Willard Merritt and 1923 Industrial P isons in the United States Hamilton 1929 Industrial Toxicology Hamilton and Johnstone 1945 Introduction to Medical Biometry and Statistics Pearl , Introductory Quantitative Chemistry Olson Koch and Pimentel 1955 Language Habits in Human Affairs Lee 1941 Manual of Industrial Health Eazards Ficklen 1940 U.S. Manual Government of the International List of Causes of Death Printing Office 1929 Manual of the of Diseases Injuries Index 1950 International and Causes of Statistical Death Vol Classification 2 Alphabetical Mechanical Engineer's Handbook edited by Marks Methods of Air Analysis By Haldane 1935 1951 Noxious Gas and the Principles Influencing their Action Henderson and of Respiration Haggard 1927 Odors Physiology Control Cord and Witheridge 1949 Preventive Medicine and Public Health Smillie 1947 Answers Professional Londe 1956 Engineer's Examination Questions and ; Radioisotopes in Scientific Research edited by Extermann 1958 se we - Fatigue of Workers - Production Committee on Work Council 1941 Its Relation to Industry of the Industrial National Research 1957 Fuels and Combustion Smith and Stinson 1952 Acoustics and Vibrational Bate 1950 Physics Stevens and ; Acoustical Engineering Olson 1957 Acoustic Measurements Beranek 1949 The Measurement of Hearing Hirsh 1952 Man's World Sound Pierce and David 1958 Technical Aspects of Sound edited by Richardson 1953 Physiological Acoustics Weaver and Lawrence 1954 Fundamentals of Acoustics and Frey 1950 2nd Edition Kinsler Acoustics Noise in Buildings Parkin and Humphreys 1958 Hearing and Deafness 3rd Edition edited by Davis and Silverman 1947 A Textbook of Sound Wood 1949 Noise Reduction Manual Geiger 1953 Physical Acoustics Supplement 1 edited by Lukasik and Nolle 1955 Foundry Noise Manual American Foundrymen's Society 1958 and 1956 Foundry Ventilation and Dust Control Harrogate 1956 Body Temperature Its Changes with Environment Disease and Therapy Selle 1952 Applied Heat Transmission Stoever 1941 Heat and Temperature Measurement Weber 1950 Life Heat and Altitude Dill 1938 Heat Insulation Wilkes 1950 Basic Principles of Ventilation and Heating Bedford 1948 Heat Transmission McAdams 1942 Climate in Everyday Life Brooks 1951 Handbook of Chemistry Lange 1956 Handbook of Emergency Toxicology Kaye 1954 Handbook of Glass Manufacture By Tooley 1953 Handbook of Material Trade Names Zimmerman and Lavine 19580 19580 Roget's College Thesaures The New American Library Edition Edition Standard Methods of Chemical Analysis 1925 Scott 5th Symposium published on Instrumentation in Atmospheric Analysis by The American Society for Testing and Materials * Lehmann anTdoxiFcloulroygy1a9n4d3 Hygiene of Industrial Solvents edited by Baetjer Women 1946 in Industry - Their Health and Efficiency- . Proceedings of the 9th International Congress on Industrial Medicine 1949 The Pneumoconiosis Problem Thomas 1958