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Dokovan. Ross. Nester 5L Szewczyk. P. C.
Attorneys at Law
(Alt WAVHI NCfO N lrCCT
Belleville. Illinois saaaoaisa
October 14, 1987
Hon. Willard V. Portell Clerk of the Circuit Courts Madison County Courthouse Edwardsville, IL 62024
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VINCENT <J. HATCH 'f *IJNCL
Re: Asbestos cases
Dear Sir:
Enclosed please find the following which we ask that you file:
Complaint Answer Demand for Jury Trial Interrogatories Request to Produce Notice of Deposition Answers to Interrogatories Notice of Compliance Motion Original Retained Other
\
Check Enclosed
( ( ( ( ( ( ( xx ( xx ( ( (
) ) ) ) ) ) ) ) ) ) )
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Very truly yours.
DONOVAN, ROSE, NESTER & SZEWCZYK, P.C.
IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS
DONALD SINCLAIR, ROBERT SINCLAIR, AND GEORGE WENNER, ROY CARSON, BRUCE LUSK AND EDWARD MEINERS, ELAINE HARDISON ETC., WILLIAM ADAMS THROUGH LEWIS FLEURY,
Plaintiffs, v. ANCHOR PACKING COMPANY,
ET AL,
Defendants.
) ) * 86-L-451
86-L-450 86-L-453 86-L-824 86-L-836 86-L-1024 j 86-L-1827-86-L-2458
) ) )
GENERAL OBJECTIONS TO INTERROGATORIES AND REQUEST TO PRODUCE
A.W. Chesterton sets forth the following General Objections to Plaintiff's Interrogatories and Request to Produce and incorporates each of these objections by reference to every response provided hereinafter:
1. The Interrogatories and Request to Produce are overly broad, unreasonably burdensome, harassing, cumbersome, vague, ambiguous and not intended nor reasonably calculated to lead to the discovery of admissible or relevant evidence.
2. The Interrogatories and Request to Produce are difficult to understand or unintelligible due to the use of particular phrases or terms which have more than one meaning within and without the industry..
3. The Interrogatories and Request to Produce are of excessive depth in time, not being limited to the matters in dispute as said forth in the Complaint. The Interrogatories and Request to Produce go back many years in time and A.W. Chesterton has found it difficult, and in some cases impossible, to reconstruct or retrieve the information requested.
4. The burden is upon plaintiffs to establish his exposure to products manufactured by A.W. Chesterton in order to recover based on his allegations againsts A.W. Chesterton. To the extent that plaintiffs have not identified any product of A.W. Chesterton to
which they have been exposed, the Interrogatories and Request to Produce herein are irrelevant and immaterial to any issue in this litigation and are not calculated to lead to the discovery of admissible evidence. Further, to require A.W. Chesterton, under such circumstances, to respond to questions requiring disclosure of masses of irrelevant information is beyond the scope of permissible discovery.
5. Not withstanding these objections, A.W. Chesterton, responds to the Interrogatories and Request to Produce based upon facts known or believed by A.W. Chesterton at the time of it's answer pursuant to Court Order. These answers provided herein do not in any way waive the objections stated hereinabove.
BY
rnwiiACX u .vc3 ucx
j / 6,
DONOVAN,iROSE, NESTER
& SZEWCZYK, P.C.
8 East Washington Street
Belleville, Illinois 62220 *
(618)235-2020
;s Thj (;v;i coi'KT THlXh JUDICIAL CIKCuIT KAO ISON COUNTY, ILLINOIS
DONALD SINCLAIR. aORERT SINCLAIR, AND CF.ORGE
)
VENNER.
)
roy Carson, bruce lusk, and edvard meiners,
)
ELAINE HARDISON. SPEC. ADMINISTRATOR OF THE
)
ESTATE OF LESLIE HARDISON,
)
WILLIAM ADAMS, through LEWIS FLF.UKY.
)
)
PI n i n c i f f s ,
'/
)
vs. )
)
ANCHOR PACKINC COMPANY; A.P. CREEN REFRACTORIES )
CO.; A.W. CHESTERTON,INC.; ARMSTRONG WORLD
)
INDUSTRIES, INC.;AMERICAN WIRE & CABLE; ATLAS )
ABESTOS; THE BABCOCK & WILCOX COMPANY;
)
BENJAMIN FOSTER CO., DIVISION OF AMCHEM
)
PRODUCTS, INC.;B1CL0W-LIPTAK CORP.; THE
)
CARBORUNDUM COMPANY, INCORPORATED; THE-CELOTEX )
CORPORATION; CERTAIN-TEED CORPORATION; CHARLES )
TAYLOR SONS CO.; CHICAGO FIRE BRICK COMPANY;
)
CHRISTY FIREBRICK CO.; COMBUSTION ENGINEERING; )
CORHART REFRACTORIES COMPANY; CRANE PACKINC
)
COMPANY; CROWN CORK & SEAL COMPANY, INC.;
)
DIDIER TAYLOR REFRACTORIES CORPORATION; EACLE- )
PICKER INDUSTRIES, INC.; ELLIS SAFETY PRODUCTS )
CO.; FIBREBOARD CORPORATION; THE FLINTKOTE
)
CORPORATION; CARLOCK, INC.; GENERAL REFRACTORIES)
COMPANY; GENERAL ELECTRIC COMPANY; GEORGIA
),
PACIFIC; GENERAL CASKET CORP.; CRANT WILSON,
)
INC.; GUNNING REFRACTORIES, INC.; HARBISON-
)
WALKER CORPORATION; HESTER-3RADLEY CO.; H.K.
)
PORTER COMPANY; INTERNATIONAL INSULATION CO.; )
INTERNATIONAL VERMICULITE; J.H. FRANCE
)
REFRACTORIES COMPANY;JOHN E. BRAZES & CO.;
)
J.P. BUSHNELL PACKING; KAISER REFRACTORIES, A ).
DIVISION OF KAISER ALUMINUM & CHEMICAL
)
CORPORATION; KEENE CORPORATION; KENNECOTT
)
CORPORATION; KIMBALL SAFETY PRODUCTS; LACLEDE )
CHRISTY CORPORATION; LAWRENCE REFRACTORIES;
)
M.A. BELL CO.; M.H. DETRICK COMPANY; MEXICO
)
REFRACTORIES CO.; MIDWESTERN SAFETY EQUIPMENT )
CO.; MINE SAFETY APPLIANCES COMPANY;
)
MINNESOTA MINING AND MANUFACTURING COMPANY;
)
MUNDET CORK COMPANY; NATIONAL ELECTRIC COIL CO.;)
NATIONAL GYPSUM COMPANY; NATIONAL REFRACTORIES, )
INC.; NICOLET INDUSTRIES, INC.; NORTH AMERICAN )
REFRACTORIES COMPANY; OWENS-CORNINC FI3RECLAS )
CORPORATION; OWENS-ILLINOIS, INC.; PFIZER, INC.;)
PITTSBURGH CORNING CORPORATION; PLIBRICO
)
COMPANY; QUIGLEY COMPANY; RAYMARK INDUSTRIES, )
INC.; THE R0CK3EST0S CO.; ROCK WOOL
)
MANUFACTURING CO.; THE SAGER CORPORATION;
)
SOUTHERN TEXTILE CORPORATION; SURFACE
)
COMBUSTION; THERMIC REFRACTORIES, INC.; UNITED )
STATFC rvBCiiu /-nuOAVV. it e uhtj.i . > n /
'
Nos. 86-L-451, 86-1--*0. 80-L-453, 86-L-82C.86-L-836, ,ind 86-L-83^ No. 86-L-1C2*. No. 8G-L-182 7
Th rough No. 5h-L-2'<58
INTERROGATORI? TO DEFENDANT?
TO:
A. W. CHESTERTON, TNC.
Please take notice that pursuant to Rule 213 of
the Illinois Rules of Civil Procedure, you are required
within Thirty (30) days after service hereof to serve upon
the undersigned sworn answers to the following
interrogatories. The defendant corporation or company shall
designate an officer or agent to answer the interrogatories
who shall answer the interrogatories by providing all of the
information'available to the organization whether the
answering individual personally knows it or not. Each
interrogatory is to be answered fully and separately.
DEFINITIONS
As used in these interrogatories:
A. With respect to all questions, all information
is to be divulged which is within the knowledge, possession
or control of the corporation or company to whom these
interrogatories are addressed, as well as the corporation or
company*s attorneys, investigators, agents, employees or
other representatives.
If you cannot answer the following interrogatories
in full after exercising due diligence to secure the full
information to do so, so state and answer to the extent
possible, specifying your inability to answer the remainder,
stating whatever information or knowledge you have
concerning the unanswered portion and detailing what you did
in attempting to secure the unknown information.
B. "Defendant" includes the named defendant. C. "Documents" include, without limitation, books, records, writing, notes, letters, correspondence with whomever, memoranda and recordings in possession or control of defendant or defendant's attorneys, investigators, agents, or employees. Such reference to documents includes originals and copies, microfilms and transcripts made, recorded, produced or reproduced by any means and every means. "Documents" also includes the content of any applicable computer database. D. Where used with respect to documents, "identify" means to give the date, title, origin, author and addressee (where appropriate) to enable plaintiff to retrieve it from a file; and, further, "identify" means to give the name, address, position or title of the person who has custody of the document. Whenever identification is requested and defendant is willing to produce the documents voluntarily for inspection and copying without the necessity of plaintiff's filing a motion to produce, defendant may respond by stating when and where the document may be inspected, or by attaching a copy of the requested document to the answers to these interrogatories. E. Where appropriate, the singular includes the pleural and vice-versa.
-2-
You are to answer these interrogatories by placing your answers, when possible, in the spaces provided.
INTERROGATORY S'O. 1: As to the person answering these interrogatories, state:
(a) Name;
(b) Title or position with defendant;
(c) Business Address;
(d) Length of time employed by defendant;
(e) State year by year all other positions, titles or jobs that person has held with the defendant.
(f)
The years during which Defendants have been licensed to do business within the State of Illinois, or State of Missouri and with regard to such years please state:
* (1) The type of business conducted within
the State of Illinois or State of Missouri;
(2)
The names and addresses of any franchise holders, dealers, or customers located in the State of Illinois or State of Missouri during the last three years;
(3)
Whether or not Defendant directly or indirectly supplies the persons or entities identified in 1.(f)(2) with any products or services; if so, please describe the relationship between Defendant and those persons or entities and state the approximate dollar value of Defendant's 1930 to present sales to them
-3-
(a) ANSWER: (b)
Chester M. Howe General Counsel
(c) 29 East Street, Stoneham MA
(d) 3 months
(e) none
(f) Not qualified in Missouri: qualified
in 1982 in Illinois.
(1) Sales of products manufactured by defendant.
(2) There are three distributors within 100 miles
of Madison County to whom Chesterton sold its
INTERROGATORY NO. 2: Has the person answering
(con
these interrogatories made reasonable inquiry of all available sources of information such that plaintiff may rely on these answers as the truthful and complete answers made on behalf of this answering defendant? State the proper legal name and the present address of the principal place of business of each of defendant's related companies* For each related company identified, please state:
(a) Whether or not the company is licensed to do business in the State of Illinois
(b) The business relationship between the company and defendant;
(c)
The nature of the products or services that defendant sells to or purchases from the company;
(d) The type of business the company conducts within the State of Illinois;
(e)
Whether or not the company advertises Defendant's products or services within the State of Illinois;
(f)
Whether or not the company sells defendant's products or services within the State of Illinois; and, if so, the approxi mate value of those sales or services during 1930 to present;
-4-
ANSWERS TO INTERROGATORIES
CON'T.
1. (f) (2) products. They are Sealing Specialists, Inc., 1721 South 7th Street St. Louis, MO 63104, Industrial Engineering Sales Corp., 1958 West River Drive, Davenport, Iowa 52808 and Danville Industrial Supply Company 35 North Washington Avenue, Danville, IL 61834.
(3) See answer to Interrogatory (f) (2). In addition, until the mid 1960's A.W. Chesterton's .total annual world wide sales were under $10,000,000.00.'
1
(g)
Whether or* not the company pays any type of taxes to the State of Illinois or any political body located within the State of Illinois;
(h)
Whether or not defendant has any control, directly or indirectly, over the company's advertising of defendant's products or services.
ANSWER:
(a) A.W. Chesterton Company, LTD.
Ontario, Canada
(b) LTD. is a 75% owned,subsidiary of defendant
(C) None
(d) None
(e) No
(f) N/A
(9> No
(h) Yes
-
INTERROGATORY NO. 3:
State the following
concerning this defendant:
(a) Full and Correct name;
(b) Principal place of business;
(c) State of incorporation;
(d) Date of incorporation, and name of Corporation;
(e)
Is this defendant authorized to transact business in the State of Illinois? If so, state the date such authority was first issued and last renewed;
(f)
Does this defendant have an agent, representative or place of business in Illinois? If so, state the name and address of such agent, representative, other place of business;
or
(g)
Does this defendant have an agent for service in the State of Illinois? If so, state the name and address of the registered agent.
-5-
ANSWER: (a) A.W. Chesterton Company
(b) Stoneham, MA
(c) MA
(d) 1886, A.W. Chesterton Company
(e) Yes. 1982. (f) Robert Congdon, 747 Church, St. Elmhurst IL
(g) #C.T. Corporation
6012(
INTERROGATORY NO. 4: Has this defendant been sued
under its correct name? If not, state the correct legal
name of the defendant and provide the information requested
in No. 3 above concerning the defendant as correctly named.
ANSWER: The correct name of the defendant is A.W. Chesterton Company
INTERROGATORY NO. 5: Has this defendant ever acquired through purchase, reorganization or merger another corporation, company, or business which manufactured, sold processed, distributed or contracted to apply asbestos products?
ANSWER: See answer to Interrogatory No. 2.
INTERROGATORY NO.- 6: If the answer to Interrogatory No. 5 is "Yes", then state the following concerning such predecessor:
-6-
(a) Full and correct name;
(b) The principal place of business;
(c) State of incorporation;
(d) Date of acquisition by defendant;
(e) Was this business authorized to transact business in the State of Illinois?
(f) Attach copies of all papers pertaining to the acquisition.
ANSWER;
a.W. Chesterton Ltd., A Canadian Corporation was acquired in 1924. It is not authorized to transact business in the state of Illinois.
INTERROGATORY NO. 7* As to any product containing asbestos in any form, has this defendant, or any predecessor(s):
(a) Ever designed such a product?
(b) Manufactured such a product?
(c) Processed such a product?
(d) Sold such a product?
(e) Distributed such a product?
(f) Patented such a product?
(g)
Relabeled such a product which was manufactured, sold, or distributed by another company?
ANSWER: -----------------
U> *s (b) Yes (c) No (d) Yes (e) Yes (f) No (g) No
-7-
INTERROGATORY NO. 8: If your answer to No. 7(b), 7(d) and 7(e) is "Yes", then give the trade name of the product, the year the defendant or predecessor first sold or distributed such product, and the year the defendant last sold or distributed such product.
ANSWER: Packings of a variety of styles have been manufactured and sold throughout most of the companies history. No compulation of the requested dates exists. Attached to defendant's Request to Produce is a document entitled Chesterton Product History itemizing packings and gaskets that contain asbestos as one of multiple ingredients.
INTERROGATORY NO. 9: Have any of the products listed above in Interrogatories No. 7 been altered in chemical composition since first being marketed?
ANSWER: See answer to Interrogatory No. 8.
INTERROGATORY NO. 10: If so, please state: (a) The trade name of each such product; (b) The date each such product was altered; (c) The nature of the alteration; (d) The reason for the alteration. ANSWER: see answer to Interrogatory No. 8.
-8-
INTERROGATORY NO. 11: What is the name, address,
and the job title of each individual who participated in the
design and preparation of manufacturing specification for
each such product?
ANSWER: Many persons have been involved over many years in the preparation of product specifications who are long deceased or retired. Information no longer exists which would enable A.W. Chesterton to prepare a meaningful response to this Interrogatory.
INTERROGATORY NO. 12 Do any written memoranda,
specifications, blueprints or other written materials of any
kind or character relating to the design and preparation of
said products now exist?
ANSWER:
Unknown at this time. continuing.
Investigation,
INTERROGATORY NO. 13: If so, please state: (a) List each written material or document; (b) Who presently has possession of each such document? (c) Where is it located?
-9-
ANSWER :
See Answer to Interrogatory No. 12.
A compulation of the requested data is extremely burdensome. If a specific
style number of products can be
identified defendant will attempt -------- j
INTERROGATORY NO, 14: In what year did the
defendant first begin selling or distributing any products
containing asbestos?
ANSWER:
unknown at this time, investigation continuing *
INTERROGATORY NO. I $t In what year did the defendant last sell the any product which contained asbestos ?
which are encapsulated.
INTERROGATORY NO, 16; As to the named defendant or any predecessor(s) or'acquired business, state the various types of products, such as blocks, pipe covering.
-10-
cements, tape, spray-on insulation, mastics, and cloth, or
any other asbestos containing products and in connection
with each type of such product, state how the same was
packaged (i.e., bags, boxes, sacks, etc.) for sale.
ANSWER:
valve packings boxed in cardboard box with metal edges, sheet gasket in bags, rope and wick in 2 inch x 2 inch card board boxes.
INTERROGATORY NO. 17: Is your company, as of the
date of answering these interrogatories, still
manufacturing, selling or distributing any products
containing asbestos? If so, give the brand names of such
products, the binding material and date first manufactured.
ANSWER: --------------- -
*es' the packings generally are identified by a style number rather than a brand name. Binding material for packings include teflon, peterolatum and graphite, SBL rubber and nitrate are other binders for gaskets.
INTERROGATORY NO. 18: Were each of your asbestos containing' products generally expected to reach, or were packaged to reach, the consumer or user, without substantial change in the condition in which it was sold?
ANSWER: ,,
-11-
INTERROGATORY NO. 19: If your answer to Interrogatory No. lS is "No", with respect to any product, explain in what way the defendant, claims its products were altered or substantially changed after sale or distribution and before reaching the helper, mechanic or bystander.
ANSWER,:, Not applicable.
INTERROGATORY NO. 20: Based upon the material contents of your products, the method of manufacturing, and the method of application, can your products be generally applied or installed without liberating asbestos fibers?
(a)
If there is a different answer concerning different products manufactured, sold, distributed, or used by your company then specify the different products by exact manufacturers name and popular name.
(b)
If there is a difference in your answer depending on the year or years in which a particular product was used, then specify in detail what year or years you are referring to and the specificic products you are referring to and the year involved.
ANSWER: Yes.
(a) Not applicable, jb) Not applicable.
INTERROGATORY NO. 21: Was it a foreseeable use of your asbestos containing products that they may have to be removed, stripped or replaced at any time after installation? If your company contends the plaintiff(s) misused any of your products then state how and under what circumstances your product was misused.
ANSWER: yes. Insufficient information to respond at this time.
INTERROGATORY NO. 22: Prior to releasing the asbestos products manufactured, sold, etc. to the public for sale, were any tests conducted on same to determine potential health hazards involved in the use of materials
s contained therein?
ANSWER: All tests required by law are performed.
INTERROGATORY NO. 23: If so please state:
(a) The name, address, and job classification of each individual who conducted such tests.
(b) The results of such said tests. (c) Date of such studies.
-13-
ANSWER: Not applicable.
INTERROGATORY NO. 24: Do any written memoranda, specifications, blueprints or other written materials of any kind or character exist relating to the testing of said
product ? ANSWER * ---------------1 None other than to the extent required by OSHA.
INTERROGATORY NO. 25: If so, please state:
(a) List each such written material or document.
(b) Who presently has possession of each such document and where it is located.
ANSWER: See
to interrogatory No. 24,
investigation continuing.
-14-
INTERROGATORY NO. 26: Did defendant or any of its subsidiary companies make any design changes as a result of such tests?
ANSWER: No.
INTERROGATORY NO. 27: If so, please state:
(a) The nature of the change made. (b) The name, address, and job classification
of each person in charge of making a change.
ANSWER: jjot applicable.
INTERROGATORY NO. 28: After releasing said products to the public, were any tests conducted thereon to determine potential health hazards involved in the use of materials contained therein?
ANSWER: All tests required by law are performed.
INTERROGATORY NO. 29: If so, please state:
(a)
The name, address, and job classification of each person conducting said tests.
-15-
(b) The results of said tests.
ANSWER:
Any such tests are under the direction of Lawrence B. Maglin, Enviromental Safety Health Coordinator at the defendant's headquarters.
INTERROGATORY NO. 30: Prior to 1970, did you or your predecessor(s) ever have any labor inspectors or anyone from your company whose job it was to go to areas where your products were being used or installed to make a dust level count? If so, state when this procedure started, the purpose of such procedure, and what action, if any, was taken in response to.the findings, and attach results.
ANSWER:
Fiber counts were taking during the manufacturing operation at least annually. No dust level counts were taken with respect to the products produced.
*
INTERROGATORY NO. 31 If your company performed or had performed any dust level counts, what action based on the results did your company take?
ANSWER: None.
INTERROGATORY NO. 32: Has your company or its predecessor(s) ever conducted any studies concerning the
-16-
effects of the inhalation of asbestos dust or Tibet's on one using; or being exposed to any of the asbestos materials manufactured, sold or distributed by you. or your predecessor(s) ? If answer to this question is "Yes", give the date and nature of such studies, .if any: the name or names of the persons conducting such studies and their addresses; what the purpose of the studies were; and attach a copy of any reports based upon such studies, showing to whom such reports were given, and the date.
ANSWER: No.
INTERROGATORY NO. 33: Has your company or its predecessor(s) ever conducted or caused to be conducted any studies designed to minimize or eliminate the inhalation of asbestos dust and fibers by those exposed to the use of your company's asbestos products? If so, give the following:
(a)
Name of the person or firm conducting such studies.
(b) The date the studies began and the date completed.
(c)
Any publication or dissemination of the results of the studies.
(d)
The nature of any action to eliminate or minimize inhalation of asbestos dust or fibers.
(e) Attach copies.
-17-
A.VSWER : No.
INTERROGATORY NO. 34: If your answer to Interrogatory No. 33 is "Yes", state the name and address of such industrial hygienist or hygieoists.
ANSWER: jjot applicable.
INTERROGATORY NO. 35 Does your company have, has it ever had, or has your predecessor(s) ever had, a Research Department? If so, give the year such Research Department was established, and whether or not such Research Department has operated continuously since being established.
(a) How much expended each year on research, etc.
(b)
What percentage of gross sales did your company or its predecessor(s) spend on research concerning the health affects of asbestos.
-IS-
ANSWER: Yes, investigation continuing.
INTERROGATORY NO. 36: Prior to 1965, did your
company, or any predecessors) , ever at any time give
persons who would be applying or removing your asbestos
products instructions "concerning safety precautions to use
in applying such products? If so,..describe such
instructions, to whom they were given, the dates they were
given, and the manner of giving such instructions.
ANSWER:
Defendant has complied with OSHA labeling requirements with respect to asbestos containing products and has a continuous training program for representatives of defendant.
INTERROGATORY NO. 37: Did your company, or your predecessor(s), ever place any warning signs on the containers in which asbestos products were packaged?
ANSWER: Yes.
-19-
INTERROGAT(JRV S'0
Tf you have answered
Interrogatory No. 37 in the affirmative, please state:
(a)
On what date did your company, or your predecessor(s), issue an order directing a warning be placed on your asbestos products, or containers?
(b)
On what date was such warning actually first placed on your asbestos products or containers?
(c)
On what date did your asbestos products, accompanied by such warning, first reach the contractor?
(d)
State the exact wording of the first warning.
(e )
State the exact size of the warning printed on your asbestos products or container.
(e)
Did your company, or its predecessor(s) dictate the exact size of the printed warning?
is)
Why did your company or its predecessor(s) place such warning on your asbestos products or containers?
(h)
Did your company or its predecessor(s) place such warning on your asbestos products or containers because you received a directive, command, suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute? If so, from whom and on what date did you receive such directive, command, suggestion, legal opinion, or other type of communication.
(i)
If the wording of the warning has ever been changed or altered, state when it was changed and the exact change in the wording.
-20-
ANSWER; (a) No "Order" was issued. (b) Early 1970's. (c) Not applicable. (d) See Response to Request to Produce. (e) See Response to Request to Produce. (f) Unknown. (g) In response to OSHA Publications.
INTERROGATORY NO. 39: Did your company or its
(con't)
predecessor(s) ever place any warning directly on any of its
asbestos pipe covering, block, cloth, millboard or other
asbestos products?
-A--N---S--W---E---R--:- No.
INTERROGATORY NO. 40: Did your company ever stamp the name of the company, its initials, or any identifying logo on any of its asbestos pipe covering, blocks, cloth, millboard or other asbestos product?
ANSWER:. No>
INTERROGATORY NO. 41: Did the warning inquired about in Interrogatories 39 and 40, or similar warning, ever appear in any of your sales literature? If so, attach copies of such sales literature, showing the date such literature was printed.
-21-
CON'T.
ANSWERS TO INTERROGATORIES
38.
(h) In response to OSHA Publications, (i) Unknown.
ANSWER: No.
INTERROGATORY NO. 42: On what date was the sales literature inquired about in Interrogatory No. 41 first provided to distributors or sellers of your company's asbestos products, or your predecessor(s)'s products?
ANSWER:
INTERROGATORY NO. 43: Were any material safety data sheets ever prepared by your company or its
predecessor(s)? If so, attach copies.
ANSWER: The MSDS Sheets were first created in 1986.
INTERROGATORY NO. 44: Did your company or its predecessor(s) ever recall any products containing asbestos from the common market?
(a)
State all details of such recall, giving the name of the product, the time of recall and any further action taken in connection with the recall.
-22-
ANSWER: No.
INTERROGATORY NO. 45: Has your company or its
predecessor(s) ever directly advised any contractor to whom
you sell your products containing asbestos of threshold
limit values for exposure to asbestos dust recomended by the
American Conference of Governmental Industrial Hygienists?
If so, state the date or dates that you so advised such
contractors, the manner in which you advised such
contractor, and the name of each contractor.
ANSWER:
Defendant does not sell to contractors.
INTERROGATORY NO. 46: Prior to 1964 did your company or its predecessor(s) ever manufacture products containing asbestos without a warning? List the years.
ANSWER: Yes, all years prior to 1964.
-23-
INTERROGATORY NO. 47: After 1064 did you ever manufacture products containing asbestos without a warning? If so, list the name of the product and the years.
ANSW5ft-: Yes, encapsulated asbestos used in packing and gaskets.
INTERROGATORY NO, 48: Is your company, as of the date of answering these interrogatories, still manufacturing, selling or distributing any products containing asbestos? If so, give the brand names of such products and the binding material and dates of first manufacture of such product.
ANSWER: gee Answer to Interrogatory No. 17.
INTERROGATORY NO. 49: Did your company or any predecessor(s) ever have a division or subsidiary company engaged in the contracting business of applying asbestos products? If so, give the name of such division or subsidiary company, the full address of the home office of such division or subsidiary company, and the dates such division or subsidiary company was engaged in the contracting business.
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ANSWER: No.
INTERRROGATORY NO. SO- Did any division of your company or subsidiary company engaged in the contract business of applying asbestos products or your workmen's compensation insurance carrier ever have any claims for lung diseases or death from lung diseases, whether directly or indirectly attributed to asbestosiS, mesothelioma, lung cancer, or any exposure to asbestos products prior to 1972? If the answer is "Yes", give the name of such employees and attach copies of such claims and copies of all documents , relating to the disposition and handling of such claims*
ANSWER: No.
INTERROGATORY NO. 51: Give the location of the state industrial accident board handling each such claim, the disposition of such claims, and the amounts paid in workmen's compensation benefits to each such employee, and the name of the compensation carrier.
-25-
ANSWER: Pursuant to Court Order, No response to this Interrogatory is required.
INTERROGATORY NO. $2: Did your company or its predecessor(s) ever make any industrial hygiene surveys concerning it's asbestos products? If so, give the date of such surveys, and attach copies of such surveys.
OSHA requirements have been fulfilled at all ..times for the benefit of defendant's employees.
INTERROGATORY NO. 53: State the year that this, defendant or any predecessor(s) was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of Governmental Industrial Hygienists, and state the name of the employee-official of the company receiving such advise and attach copies of the instrument communicating such advise.
ANSWER.^ sometime after 1980. Richard Hoyle, then Director of Corporate Development & Training, learned from literature of ACGIH positions.
26-
: : -;3>tQAT' 'RNi V*. >4: Was such threshold limit. values or nu>imm al 1 <w.ibl: concentrations inquired about in Interrogatwv N'o. >5 TOTAL dust and not just asbestos dust.?
ANSWER: No.
INTERROGATORY NO. 5$: State in detail what test, if any, your company ever made with regard to the quantity, quality or threshold limit values or asbestos dust or particules to which applicators or consumers of your product were exposed while using your products containing asbestos.
(a)
If there were any such tests or studies, give the name or names of the person(s) conducting the tests, the date of the tests and attach true copies of any reports, findings or mem orandums concerning such tests or studies.
ANSWER: Tests on the product were commenced in about 1985 or 1986.
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INTERROGATORY NO. 56: When did any official with your company first have knowledge, information or understanding that asbestos would or could or might produce the diseases of:
(a) Asbestosis;
(b) Mesothelioma;
(c) Lung cancer;
(d) Any other diseases;
(e)
With reference to your company give the name of such official who first had such knowledge list them and attach copies.
(f)
If there are any documents, records or memorandums of any kind concerning such knowledge, list them and attach copies.
ANSWER: Pursuant to Court Order, no response to this Interrogatory is required.
INTERROGATORY NO. 57: Do you have any photographs of the products inquired about above or their packages or containers? If so, please attach exact copies.
ANSWER: See defendants Response to Request to
Produce.
Investigation continuing.
-28-
INTERROGATORY no. 53: Has the answering defendant or any of its predecessors ever mined asbestos? I so , state the dates in which such mining too place and the locations of the mines.
ANSWER: No*
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INTERROGATORY NO. ^Q: List by brand name every product containing asbestos which defendant, or defendant's predecessors has manufactured since 1910. As to each such product, please state the following:
(a) The type of product (e.g., acoustical plaster, fireproofing, concrete, etc.);
(b) The date the product first went into product ion:
(c) The date the product was discontinued from production:
(d) The last date the product was sold;
(e) All manufacturing locations of the product;
(f)
The identity of the plant manager(s) or managing agent(s) of defendant who has knowledge of the products manufactured by defendant and its predecessor(s), and who may be called upon by plaintiffs to testify by deposition.
ANSWER: See Response.to Request to Produce.
INTERROGATORY NO. 60: As to each product identified in response to the foregoing interrogatory please indicate:
(a) The type of asbestos contained in the product as it was first manufactured;
(b) The percentage of asbestos contained in the product as it was first manufactured;
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(c)
Any modifications to tho product which altered the percentage or type of asbestos in the product and the dates of such modification;
(d) The source of asbestos in each product;
(e) The color, physicaL characteristics, and appearance of each product;
(f)
A full and complete doseritpion of the package in which the product was sold, including, but not limited to, type of package, size, color(s), and writings thereon;
(g) All other names under which the product was sold;
(h) The number and date-of each patent or patent application as to the product;
(i)
If the product continued to be produced after the deletion of asbestos, all reasons why the asbestos was deleted, the identity of the person who made the decision to delete the asbestos, and the date the product was first produced without the asbestos;
(j)
If the product is no longer produced, all reasons it was discontinued, the identity of the person who made the decision to dis continue the product, the brand name of replacement product, and the date the replacement product first went into production;
(k)
The identity of the custodian, managing agent, or employee who has photographs, drawings, or labels for each product;
(l) The reasons why asbestos was used as an ingredient in each such product;
(m)
The content of any warning labels, inserts or other writings provided with such product with ever such printed warning, what period of time it has or had accompanied the product, the exact wording of the warning, any amendments made to the
-
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the wording, whether t lie warning was located on each product or packaging, what asbestos products the warnings appear(ed ) :
and on
(n)
Any special instructions provided with such product regarding the use. protection or safety procedures to be employed by persons handling such product.
AXSWERj. (a) Chrysotile; (b)- (n) See Response to Request to Produce.
INTERROGATORY NO. 61: Vith respect to your Answer
in Interrogatory No. 60, did you specifically inform the purchaser or user of your products during the same time
period that your products were manufactured and sold that
such products could cause cancer, asbestosis, and other
serious diseases?
ANSWER: Defendant complied with all OSHA standards re garding warnings on its products. Defendant objects to this Interrogatory insofar as it assumes a medical causal connection between its products and the above mentioned conditions and diseases.
INTERROGATORY NO. 62: Identify the distribution
chain of defendant's asbestos products since 1925 along with
any documents evidencing or confirming such chain, including
but not limited to distribution from and to other
defendants .
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ANSWER: See Answer to Interrogatory 1 (f) . Unknown at this time. Investigation continuing.
INTERROGATORY NO. 63- Identify your distributors and/or suppliers of raw asbestos, asbestos cement and other asbestos products with which you had business contact.
ANSWER: Pursuant to Court Order, no response to this Interrogatory is required.
INTERROGATORY NO. 64: Is this defendant aware or has it possessed knowledge concerning the reported causal connection between exposure to asbestos or asbestos products and:
(a) asbestosis? (b) lung cancer? (c) mesothelioma? (c) other cancer? ANSWER:
Yes.
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INTERROGATORY SO. 6$: If answer to preceding Interrogatory as to any or all of its subparts, is in the affirmative, identify:
(a) When an.d how defendant first learned of such connection;
(b)
If knowledge was obtained by attendance at any conference, lecture, convention, symposium or meeting, identify such meeting and provide the identity of persons attending and documents obtained;
(c)
If knowledge was obtained from medical or scientific studies? or any other published work, identify same;
(d) If otherwise obtained, identify manner of receipt of document or communication.
ANSWER:
The Chesterton Company is a member of the Fluid Ceiling Association which was formerly known as the Mechanical Packing Association. To the best of present knowledge, a meeting in the Pocanos Mountains in Pennsylvania was
INTERROGATORY NO. 66: With regard to any
(
knowledge obtained subsequent to that identified in your answer to Interrogatory 65 (a) above, identify:
(a)
All documents or communications, oral or written, concerning the causal connection between exposure to asbestos or asbestos products and disease, and identity of persons so communicating;
(b)
Did answering defendant obtain from or transmit any such information to other defendants in this case? If so, identify:
(l) Manner of receipt or communication for each contact;
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CON'T
ANSWERS TO INTERROGATORIES
65.
held in approximately 1971 to 1972 at which a speaker from OSHA spoke about OSHA regulations including asbestos. Richard T. McDermott, President of A.W. Chesterton attended that meeting. Subsequent to that meeting, A.W. Chesterton was one of the first in the industry to fully comply with OSHA regulations.
(2) All document s and persons involved. ANSWER: see Answer to Interrogatory No. 65.
INTERROGATORY NO. 67' As to any knowledge possessed by answering defendant at any time referred to in your answer to Interrogatory 64, did you educate your employees, distributors or purchasers of the hazards known to you and the safety precautions necessary to guard against cancer and other diseases arising from the use and handling of your products? If so, identify:
(a)
When and in what manner customers, insulators, factory workers and the general public were so informed;
(b) Documents communicating or otherwise dis seminating such information;
(c)
Programs initiated or sponsored to establish or promote safety procedures, methods or usage of equipment;
(d)
Published articles or reports by employees (present or prior), including those of medical directors, scientists, engineers or other professionals;
(e)
Symposia or lectures sponsored for the bene fit of asbestos workers and/or the general public.
-35-
A_'_ yr.7_L See Answer to Interrogatory No. 65.
INTERROGATORY NO. 68: When and by what manner were you first aware of the hazards relating to exposure to asbestos or asbestos products:
(a) For inside insulators and contractors. (b) For outside insulators and contractors. ANSWER* See Answer to Interrogatory No. 65.
INTERROGATORY NO. 69: If you have knowledge or information concerning the following, answer in the affirmative or negative, whether:
(a) Early detection of mesothelioma results in any appreciable rate of cure or arrest;
(b) A single exposure to asbestos may cause mesothelioma, other cancers or asbestosis;
(c)
Cumulative or multiple exposures to asbestos result in a greater risk of harm to the exposed person;
(d) An outside insulator has a risk of harm from exposure to asbestos or asbestos products;
-36-
(e)
Stripping or removing old asbestos creates a greater risk of harm than installation of asbestos or asbestos products;
(f) Cancer resulting from exposure to asbestos develops generally after:
(1) 1-5 years.
(2) 6-10 years.
(3) 11-20 years.
(g) There is any known relationship between smoking and mesothelioma;
(h) There is any reported cause of mesothelioma other than exposure to asbestos.
ANSWER:Pursuant to Court Order, no response to this Interrogatory is required.
INTERROGATORY NO. 70: As to each answer to Interrogatory 69, identify at least one person or document upon which answering defendant relies.
ANSWER: Pursuant to Court Order, no response to this Interrogatory is required.
INTERROGATORY NO. 71* Did you perform, direct to be performed, finance, sponsor or receive the results of any studies or tests concerning the relationship between asbestos exposure and asbestosis and/or cancer? If so, identify:
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(a) When. where and at what interva Is such st udies were performed;
(b) Were such studies im writing or reported at a later date* in writing;
(c)
Were the results of such studies published or otherwise disseminated? If so. state to whom and when;
(d) Who performed such studies;
(e)
Will you produce the results of such studies at this time or state where the results are maintained.
ANSWER: No.
INTERROGATORY NO. 72 Identify the scientific or medical periodicals to which defendant, its medical department or industrial hygiene division subscribed from 1925 to the present, and the dates of such subscriptions.
ANSWER: pursuant to Court Order, no respone to this Interrogatory is required.
INTERROGATORY NO. 73 Did defendant, its medical department or industrial hygiene division maintain a medical and/or scientific library at any time from 192$ to the present? If so, state:
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(a i The dates such library existed;
The number of volumes maintained therein;
(c)
The number of employees, part-time or full-time, assigned to maintenance of library, and to whom in the corporate structure those employees report(ed).
said
ANSWER:
The Safety and Health department was established in 1985. The Library consists of all applicable enviromental laws and regulations and a variety of articles and pamplets. Two individuals are assigned to the department.
INTERROGATORY NO. 74: Identify all trade
organizations, associations, or other entities, including
but not limited to A.T.I., I.H.F., N.I.M.A., A.I.A.,
N.I.C.A., T.I.M.A., Q.A.M.A., P.I.C.A., or Q.A.P.A., to
%
which you have belonged or in which you have participated
since 1925, stating the applicable dates of such membership
or participation.
ANSWER: None.
INTERROGATORY NO. 75: Identify all persons attending on your behalf any meetings held by trade organizations, associations, or other entities identified in answer to Interrogatory No. 74
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ANSWER Not applicable.
INTERROGATORY NO. 76 Ident ify the names or nature of all notes, reports, studies, or other writings submitted by you or received by you at mootings held by organizations described in answer to Interrogatory No. 74*
ANSWER Not applicable.
(
INTERROGATORY NO. 77? Identify any documents received by you from or submitted by you to those trade organizations, associations or other entities identified in answer to Interrogatory No. 74 relating to the relationship between asbestos exposure and disease.
ANSWER: Not applicable.
INTERROGATORY NO. 73: Identify all agreements, oral or written, between you, any of the other defendants in this lawsuit, and/or any other organizations, associations
-40-
or other entities identified in your answer to the Interrogatory No. 74 nr any medical or scientific foundations, relating to the standardization of:
(a) Specifications for asbestos cloth products;
(b)
Specifications for paper or burlap bags, or other packaging to be used for the trans port and/or storage of asbestos cement;
(c)
Warning or caution labels to be applied to asbestos products and/or their packaging, cartons, containers, or boxes;
(d)
Methods of dissemination of public rela tions information to defendant's purchasers, advertisers, distributors, factory workers, contractors, insulators, users, consumers of asbestos products and/or the general public;
(e)
Safety equipment and/or protective clothing
to be utilized while handling defendant's
asbestos products;
>
(f) Medical programs to be offered or sponsored by defendant.
ANSWER: None.
INTERROGATORY NO.79: Did you direct to be performed, sponsor, finance, receive the results of or were you aware of any studies or tests performed by the Saranac Lake Laboratory of the Trudeau Foundation relating to asbestos exposure and its effects upon human life? If so, identify:
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(a J
AN
> sumina r i z i np findings or results
of Uuv studies or lusts which you have in
ymr possrssinn or* control ;
(hi
All <*imnumicat ions, oral or written, between answering defendant and Saranac personnel, including but not limited to Gerrit W.H. Schcpers. M.D.
(<*)
All documents relating to Saranac studies received or submitted by you either* directly, though associated or predecessor companies, through other companies, or through any trade associations, organizations or other entities;
(d) All recommendations or findings of such studies relating to:
(1) Adequacy or inadequacy of threshold limit, values;
(e)
(2)
Substitution of materials other than
asbestos to be used in the insulation
process.
%
Where documents and/or communications identified in answers to (a)-(d) of this Interrogatory are maintained.
ANSWER: No.
-42-
1XTSRK0GATPRV NO. ^0: How many employees of answering defendant art* known by defendant to be suffering from, have suffered from or whose deaths have been caused by asbestosis? State the date such disease of any employee was first known by defendant.
ANSWER^ pursuant to court Order, no response to this Interrogatory is required.
INTERROGATORY NO. 8l: How many employees of answering defendant are known by defendant to be suffering from, have suffered from or whose deaths have been caused by lung cancer? State the date such disease of any employees
*
was first known by defendant. ANSWER: pursuant to Court Order, no response to this Interrogatory is required.
INTERROGATORY NO. 82: How many employees of answering defendant are known by defendant to be suffering from, have suffered from or whose deaths have been caused by mesothelioma? State the date such disease of any employee was first known by defendant.
ANSWER: Pursuant to Court Order, no response to this Interrogatory is required.
-43-
INTERROGATORY NO. ?3* Do you send or have you at
any time sent counsel or other representatives to courses at
defending asbestos cases? If so, identify.
ANSWER:
Pursuant to Court Order, no response to this Interrogatory is required.
INTERROGATORY NO. 84: Identify all expert
witnesses who have testified in other cases, pending or
otherwise, on behalf of answering defendant.
ANSWER:
None.
INTERROGATORY NO. 85? Identify all present or former employees or answering defendant, other than
plaintiffs, who have testified against this defendant in a
litigation matter or before a governmental agency or unit.
answer-,
None.
INTERROGATORY NO. 86: With respect to your answers to Interrogatories No. 84 and 85, identify all documents, including but not limited to transcripts or notes
-44-
of testimony employed by or resulting f rom t lie test imony of such export witnesses or employees,
ANSWER: Not applicable.
INTERROGATORY NO. $7: Identify:
(a)
Any expert whom you intend to call as a witness or otherwise utilize in connection with this litigation;
(b) The subject matter on which the expert is expected to testify;
(c)
The substance of the facts and opinions to which the expert is expected to testify;
(d) A summary of the grounds for each opinion;
(e) The address of such person and his field or expertise;
(f)
Identify and produce each treatise, article or text upon whether the expert will rely in his testimony.
ANSWER:
Pursant to Court Order, no response to this Interrogatory is required.
INTERROGATORY NO. 88: Identify and produce all board meeting minutes at which asbestos products, the hazards of asbestos exposure, the possible application of
warning labels on a asbestos containing products were discussed by the Board of Directors of your company.
ANSWER^ Unknp,,n at this. time. Investigation Continuing.
INTERROGATORY NO. 89: Please identify by name,
address and phone number each person who has provided this
answering party with statements in connection with this
litigation. ANSWER:
See Answer to Interrogatory No. 1.
INTERROGATORY NO. 90? Please identify each person
who has been interviewed in the course of preparing for the
trial of this matter.
ANSWER;
Pursuant to Court Order, no response to this Interrogatory is required.
-46-
JN r9K0r.ATMKi V". Ql : Has this Defendant ever
sold any
cont-a i r og prndueLs t.o Insulation and
Material Ct'*in;c-.n-y
>1- Lmiis. Missouri or any other
individuaH.
=t li - . partnership or other* business
entities within a 10*0 mile radius of Madison County.
Illinois since 1920 including but not limited to St. Louis
County. St. Louis City, St. Charles County. Missouri or
Madison County or St. Clair County, Illinois, if so state:
a) List all individuals, corporations, partnerships or other business entities you have sold asbestos containing products to.
b.) State all dates when asbestos containing products were sold to these entities.
c) State what asbestos containing products were sold to these entities and identify by brand name.
d) State what quantity of asbestos products were sold to these entities.
e) Provide copies of all purchase orders, specifications, contracts or correspondence with the entities identified in a) above or otherwise identify all documents relating to the sale.
ANSWER:
See previous Answers to Interrogatories.
-47-
INTERROGATORY No. 02: Have you over- sold any
asbestos containing products to:
Monsanto. East St. Louis, Illinois Marathon Oil Refinery, Robinson. Illinois Shell Oil Company,Refinory,Roxana Illinois Amoco Refinery, Wood River, Illinois Clark Oil Company Refinery. Hartford, Illinois Granite City Steel, Granite City, Illinois Illinois Power Company (Alton Powerhouse) Central Illinois Power Service (Coffeen Powerhouse) Commonwealth Edison (Kinkaid Powerhouse) Illinois Power Company (Portage Des Sioux Powerhouse) Central Illinois Power Service (Meredosia Powerhouse) Illinois Power Company (Grant Fork Powerhouse) Owens-Illinois Glass Co., Alton, Illinois Central Illinois Power Service (Baldwin Powerhouse) Central Illinois Power Service (Pearle Powerhou.se) Central Illinois Power Service (Marion Powerhouse) Central Illinois Power Service (Newton Powerhouse) Texaco Oil Company Refinery, Lawrenceville, Illinois American Steel, Granite City, Illinois Cerro Copper, Granite City, Illinois Consolidated Aluminum Company, Granite City, Illinois Olin Corporation, East Alton, Illinois Laclede Steel Company, Alton, Illinois Sinclair Oil Refinery, Hartford, Illinois Apex Oil Refinery, Hartford, Illinois
and if so:
a) List all individuals, corporations, partnerships, or other business entities you have sold asbestos containing products to.
b) State all dates when asbestos containing products were sold to these entitites.
c) State what asbestos containing products were sold to these entities and identify by brand name.
-4^-
<2i) State what, quant ity of asbestos containing products were sold to these entities.
at Provide copies of all purchase orders, specifications, contracts or correspondence with the entities identified in a) above or otherwise identify all documents relating to the sale.
ANSWER:
No, defendant sells to independant distributors.
INTERROGATORY NO. 93*
Has this defendant ever
been a General Contractor or Subcontractor where it used
asbestos containing products at any of the following
locations:
Monsanto, East St. Louis, Illinois Marathon Oil Refinery, Robinson, Illinois Shell Oil Company Refinery, Wood River, Illinois Amoco Refinery, Wood River, Illinois Clark Oil Company Refinery, Hartford, Illinois Granite City Steel, Granite City, Illinois Illinois Power Company (Alton Powerhouse) Central Illinois Power Service (Coffeen Powerhouse) Commonweath Edison (Kinkaid Powerhouse) Illinois Power Company (Portage Des Sioux Powerhouse) Central Illinois Power Service (Meredosia Powerhouse) Illinois Power Company (Grant Fork Powerhouse) Owens-Illinois Glass Company, Alton, Illinois Central Illinois Power Service (Baldwin Powerhouse) Central Illinois Power Service (Pearle Powerhouse) Central Illinois Power Service (Marion Powerhouse) Central Illinois Power Service (Newton Powerhouse)
-49-
Tr*.o<> Oil Comp.my Krt im.'i-v, Lawrencev i I to , 111ino J s American St.eel. Granite City, Illinois Cerro Copper. Cranito City, Illinois Cnnso1idated Aluminum Company, Granite City, 111inois Otin Corporation, Hast Alton. Illinois Laclede Steel Company. Alton, Illinois Sinclair Oil Refinery, Hartford, Illinois Apex Oil Refinery, Hartford. Illinois
and, if so:
a) List all individuals, corporations, partnerships or other business entities you have sold asbestos containing products to.
b) State all dates when asbestos containing products were sold to these entities
c) State what asbestos containing products were sold to these entities and identify by brand name.
d) State what quantity of asbestos products were sold to these entitites.
e) Provide copies of all purchase orders, specifications, contracts or correspondence with the entities identified in a) above or otherwise identify all documents relating to the sale.
ANSWER:
NO.
INTERROGATORY NO. 94: Did this defendant ever provide any warning concerning the hazzards of asbestos to any of the following companies:
Monsanto, East St. Louis, Illinois, -50-
hon Oil Refinery, Robinson, Illinois Shell Oil Company Kot'inory, Wood River, Illinois Ar(k <> Refinery. Wood River. Illinois Clark Oil Company Refinery, Wood River, Illinois Granite City Steel. Granite City. Illinois Illinois Power Company (Alton Powerhouse) Central Illinois Power Service (Coffeen
Powerhouse 1 Commonwealth Edison (Kinkaid Powerhouse) Illinois Power Company (Portage Des Sioux Powerhouse) Central Illinois Power Service (Meredosia Powerhouse ) Illinois Power Company (Grant.Fork Powerhouse) Owens-Illinois Glass Co., Alton, Illinois Central Illinois Power Service (Baldwin Powerhouse) Central Illinois Power Service (Pearle Powerhouse) Central Illinois Power Service (Marion Powerhouse) Central Illinois Power Service (Newton Powerhouse) Texaco Oil Company Refinerv, Lawrenceville,
Illinois American Steel Company, Granite City, Illinois Cerro Copper, Granite City, Illinois Consolidated Aluminum Company, Granite City,
Illinois OXin Corporation, East Alton, Illinois Laclede Steel, Alton, Illinois Sinclair Oil Refinery, Hartford, Illinois Apex Oil Refinery, Hartford, Illinois
If so, identify what the warning was, how the warning was
delivered and when the warning was delivered. Provide copy
of warning and correspondence concerning the warning.
ANSWER: --1-------1
None.known at this time other than provided in Notice of Compliance.
INTERROGATORY 9$: Has this defendant ever had any -SI-
correspondence with any ot' the following companies or
facilities concerning products containing asbestos:
Monsanto. East Si. Louis. Illinois Marathon Oil Retinery, Robinson, Illinois Shell Oil Company Refinery, Wood River, Illinois Amoco Refinery, Wood River, Illinois Clark Oil Company Refinery, Hartford, Illinois Granite City Steel, Granite City, Illinois Illinois Power Company (Alton Powerhouse) Central Illinois Power Service (Coffeen Powe rhouse) Commonwealth Edison (Kinkaid Powerhouse) Illinois Power Company (Portage Des Sioux Powerhouse) Central Illinois Power Service (Meredosia Powerhouse) Illinois Power Company (Grant Fork Powerhouse) Owens-Illinois Glass Co., Alton, Illinois Central Illinois Power Service (Baldwin Powerhouse) Central Illinois Power Service (Pearle Powerhouse) Central Illinois Power Service (Marion Powerhouse) Central Illinois Power Service (Newton Powerhouse) Texaco Oil Company Refinery, Lawrenceville, Illinois American Steel Company, Granite City, Illinois Cerro Copper, Granite City, Illinois Consolidated Aluminum Company, Granite City, Illinois Olin Corporation, East Alton, Illinois Laclede Steel Company, Alton, Illinois Sinclair Oil Refinery, Hartford, Illinois Apex Oil Refinery, Hartford, Illinois
If so, provide copy of any correspondence with any of the
above companies concerning asbestos containing products.
ANSWER: None known
P.O. Box 128 Wood River, IL 62095 (6l8) 254-4779
Belleville, Illinois 62220 (618)235-2020
IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS
DONALD SINCLAIR, ROBERT SINCLAIR, and GEORGE WENNER? ROY CARSON, BRUCE LUSK, and EDWARD MEINERS? ELAINE HARDISON, Special Admin, of the Estate of LESLIE HARDISON; WILLIAM ADAMS through LEWIS FLEURY,
Plaintiffs,
vs.
ANCHOR PACKING COMPANY, et al.,
Defendants.
)
)
) Nos. 86-L-451,
,) 86-L-450, 86-L-453
) 86-L-824, 86-L-836 ) and 86-L-834 ) No. 86-L-1024 ) No. 86-L-1827 ) through ) No. 86-L-2458 ) ) ) ) ) )
NOTICE OF COMPLIANCE Comes now A. W. CHESTERTON, INC., by its attorneys, DONOVAN, ROSE, NESTER & SZEWCZYK, P.C., and for its response to plaintiffs' Request to Produce, states as follows: 1. See Answers to Interrogatories regarding sales of A. W. Chesterton products. See also Chesterton Product History summary attached hereto. Investigation continuing regarding other records of sales.
2. None.
3. See Chesterton Product History summary attached. Investigation continuing.
4. Pursuant to Court Order, no response to this request is required.
5. See attached catalogs.
6. See Answers to Interrogatories regarding sales to customers within a 100 mile radius of Madison County. Investigation continuing.
7. See response to Request No. 5. 8. None-knownat this time; investigation continuing. 9* None Kncwn at this time; investigation continuing.
10. See response to Requests to No. 5 and No. 8. Investigation continuing.
11. A large number of cases have been filed against this defendant. Such cases and records relating to such cases are matters of public record. Investigation continuing.
12. None known at this time? investigation continuing. 13. Pursuant to Court Order, no response to this request is required. 14. Pursuant to Court Order, no response to this request is required. 15. Pursuant to Court Order, no response to this request is required. 16. See attached warning. In addition, see response to Request No. 5. This defendant does not know of any asbestoscontaining products provided to the facilities listed herein. 17. None known at this time? investigation continuing.
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18. None known at this time; investigation continuing. 19. None known,at this time; investigation continuing. 20. None knowr..at this time; investigation continuing.
A. W. CHESTERTON, INC.
By.
MICHAEL JJ WESTER
#020372"!!
DONOVAN, R0SE, NESTER & SZEWCZYK,P.C.
8 East Washington Street
Belleville, Illinois 62220
-3-