Document B8OLYbVM5jvrzYK6jjJnnLNyk

FILE NAME: US Gypsum (USG) DATE: 1985 Mar 27 DOC#: USG066 DOCUMENT DESCRIPTION: Letter to LR Weatherly re USG response to interrogatories J O H N F, W ALTH EW C H A R LE S F. W AR N ER TH O M AS PATRICK KEEFE EUGENE ARRON JO H N J. CO STELLO ROBERT H. TH O M P S O N C H R IB T O P H C R M. EAOAN R O B ER T M. K E E F E CO W ARD F. B O Y E R J O H N F. W A R N E R M ARILYN R. M oAO Q O OFFICE MANAGER LAW O FFIC E S W ALTHEW , WARNER KEEFE ARRON C O S T E L L O & THOMPSON P.S. T h e Wa lt h ew b u ild in g 123 THIRD A VEN U E SD UTH THIRD SDUTH & WASHINGTON SEATTLE. WASHINGTON 9B1D4-269D 1-BOQ-S24-6Z15 (WASHINGTON DNLY) RHO N E (206) 623-5311 March 27, 1985 Laurence R. Weatherly KELLER, ROHRBACK, WALDO, HISCOCK BUTTERWORTH & FARDAL 14th Floor IBM Building Seattle, Wa. 98101 Re: U.S. Gypsum Dear Lon: I have reviewed U.S. Gypsum's answers to our interrogatories in the King County Asbestos Cases. Although I appreciate the responses which we have received from you, I find that some of the interrogatory answers are so incomplete as to be almost meaning less. As we have previously briefly discussed, I would like to resolve this matter without the necessity of a formal motion to compel. My main purpose in writing this letter is to request some additional information which I hope your client can provide without requiring us to get a court brder. Interrogatories 3, 4 and 17 deal with asbestos-containing products and their asbestos content. You have objected to revealing the contents of each product on the grounds that this is "confidential and a trade secret". I believe that we are clearly entitled to know the asbestos content of each product, both in terms of the percent of asbestos and the type of asbestos (e.g. chrysotile, amocite, etc.) Although your answer to interrogatory no. 17 indicates that "there may have been many minor changes over the years due to raw material availability and differing geographic market conditions", I believe that U.S. Gypsum can give us at least a range of asbestos content, e.g. "Texolite Joint Compound contained 6% to 10% chrysotile asbestos". Another major concern which I have is that you did not identify or produce any photographs, drawings or other documents regarding U.S. Gypsum's products. Instead, many of your interrogatories Laurence R. Weatherly March 27, 1985 Page 2 (e.g. numbers ,1 24, 26, 30 and 34) indicate such items will be made available at a mutually agreeable time for inspection and copying at U.S. Gypsum's corporate headquarters in Chicago. I would appreciate it if you would find out from your client the approximate volume of materials, the nature of the materials and the organization of the materials so that I can determine approximately how much time we need to allow to review the same. Thank you for your prompt attention to this matter. Very truly yours, WALTHEW, WARNER, KEEFE, ARRON, COSTELLO & THOMPSON CME:cj By Christopher M. Eagan