Document DDb0BwD1O9O2bMx9mqm0bMLnB
CAUSE NO. E-143,871
HELEN GAMBRELL, INDIVIDUALLY
IN THE DISTRICT COURT OF
AND AS THE SPECIAL
ADMINISTRATRIX OF THE ESTATE OF
ROBERT GAMBRELL, DECEASED,
Plaintiffs,
v. JEFFERSON COUNTY, TEXAS
THE ABER COMPANY, AMERICAN
ELECTRICAL CABLE, AMERICAN
INSULATED WIRE, INC.,
ARMSTRONG WORLD INDUSTRIES,
INC., CAROL WIRE & CABLE
(INDIVIDUALLY AND D/B/A CREST
CO. & MILLER ELECTRIC CO.), CERRO
WIRE & CABLE CO., INC., ESSEX
GROUP, FIBREBOARD CORPORATION,
FLEXITALLIC GASKET COMPANY, INC.,
THE FLINTKOTE COMPANY, GAF
CORPORATION, GARLOCK, INC. ,
GENERAL ELECTRIC CO., ITT
CORPORATION, NATIONAL GYPSUM
COMPANY, THE OKONITE CO.,
OWENS-CORNING FIBERGLASS
CORPORATION, OWENS-ILLINOIS INC.,
PITTSBURGH CORNING CORPORATION
ROCK WOOL MANUFACTURING CO. INC.
MANUFACTURING CO. INC., ROCKBESTOS
PRODUCTS CO., ROME CABLE CORP.,
TURNER & NEWALL PLC, USX
CORPORATION (INDIVIDUALLY AND
F/D/B/A U.S. STEEL, AMERICAN STEEL
AND WIRE, U.S. STEEL ELECTRICAL
CABLE, & TIGER BRAND), UNION
CARBIDE CHEMICALS & PLASTIC
COMPANY, UNITED STATES GYPSUM
COMPANY, W.R. GRACE & COMPANY,
WESTINGHOUSE ELECTRIC COMPANY,
Defendants.
172ND JUDICIAL DISTRICT
DEFENDANT. CAROL CABLE COMPANY. INC.'S AMENDED ANSWERS TO PLAINTIFF*S INTERROGATORIES
TO:
Russell W. Budd, Esq, Peter A. Kraus, Esq., and Mary E. Skelnik, Esq., Baron & Budd, P.C., 3102 Oak Lawn Ave, Suite 1100, Dallas, Texas 75219, attorneys for the Plaintiffs.
Defendant Carol Cable Company, Inc. provides the following
answers to Plaintiff's Interrogatories.
SC-ELEC-10750
Respectfully submitted,
OF COUNSEL
Katja Glockner TBN: 00785915 Attorneys in Charge for Defendants CAROL CABLE COMPANY, INC.
HAIGHT, GARDNER, POOR & HAVENS 500 Dallas, Suite 3000 Houston, Texas 77002-4709 Tel: (713) 739-9202 Fax: (713) 739-7940
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the
foregoing instrument was forwarded to Plaintiffs counsel by
certified mail, return receipt requested on this
'*~day of July,
1994, and to all known counsel of record by cover letter only
indicating filing of this action.
:ja fGe lockner COUNSEL OF RECORD
William J. Cozort, Jr., Esq. Rick W. Thamm, Esq. Beam & Manning 5847 San Felipe, Suite 1500 Houston, Texas 77057
Scott A. Henderson, Esq. Smith, Smith, Smith
& Henderson 810 S. St. Paul at Cadiz Dallas, Texas 75201
Charles Green, Esq. Cowles & Thompson, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202
Russell W. Budd, Esq. Peter A. Kraus, Esq. Mary E. Skelnik, Esq. Baron & Budd, P.C. 3102 Oak Lawn Ave, Suite Dallas, Texas 75219
1100
F. Barrett Davis, Esq. Shelly Glaser, Esq. Thompson & Knight, P.C. 1700 Pacific Ave, Suite 3300 Dallas, Texas 75201-4693
Peter Moir, Esq. Baker & Botts, L.L.P. 2001 Ross Ave, Suite 800 Dallas, Texas 75201
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Brian Clary, Esq. Livingston & Markle 55 Waugh Drive, Suite 200 Houston, Texas 77007
James M. Riley, Esq. Coats, Rose, Yale, Holm,
Ryan & Lee 1001 Fannin, Suite 800 Houston, Texas 77002-6707
Robert D, Barbee, Esq. Johnson & Gibbs Founders Square 900 Jackson Street Dallas, Texas 75202-4499
Gary D. Elliston, Esq. David W. Crowe, Esq. DeHay & Elliston, L.L.P. 717 North Harwood, Suite Dallas, Texas 75201
1500
John L. Hill, Jr., Esq. Liddell, Sapp, Zivley, Hill
& LaBoon, L.L.P. 3400 Texas Commerce Tower Houston, Texas 77002
Sandra P. Clark, Esq. Gene M. Williams, Esq. Mehaffey, Weber & Gonsoulin 2615 Calder Avenue, Suite 800 Beaumont, Texas 77702
James H. Powers, Esq. Roberts, Markel, Folger,
& Powers 24 Greenway Plaza, Suite Houston, Texas 77046
1010
Ray B. Jeffrey, Esg.` Paul J. Holmes, Esq. James H. Harris, Jr., Esq. Holmes & Harris, P.C. 550 Fannin, Suite 845 Beaumont, Texas 77701
Stan McMurry, Esq. Locke, Purnell, Rain & Harrell 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776
W. Neil Rambin, Esq. Strasburger & Price 4300 NCNB Plaza, 44th 901 Main Dallas, Texas 75202
Floor
Mark Hendrix, Esq. Robert Thackston, Esq. Vial, Hamilton, Koch & Knox 1717 Main Street, Suite 4400 Dallas, Texas 75201-3890
Mel Bailey,Esq. DeHay & Elliston 717 North Harwood St, Suite 1500 Dallas, Texas 75201-6508
R. Lynn Stevens, Esq. Weller, Wheelus & Green 550 Fannin, 5th Floor Beaumont, Texas 77701
John T. Ward, Esq. Brown, McCarrol & Oaks 2727 Allen Parkway, Suite Houston, Texas 77019
1300
B. Scott Tilley, Esq. McGuire, Woods & Battle 901 E. Cary Street Richmond, Virginia 23219
Ned W. Johnson, Esq. Johnson & Associates 4900 Woodway, Suite 1100 Houston, Texas 77056
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William M. Tolin, III, Esq. Benckenstein, Oxford & Johnson 3533 Calder Street, 3rd Floor Beaumont, Texas 77704
David G. McCracken, Esq. Lock, Purnell, Rain & Harrell 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776
Larry Hallman, Esq. Burford & Ryburn, L.L.P. 3100 Lincoln Plaza 500 N. Akard Dallas, Texas 75201-3320
Larry D. Grayson, Esq. C. Vernon Hartline, Jr., Esq. Hartline, Dacus, Dreyer
& Kern, L.L.P. 2626 Cole Avenue, Suite 800 Dallas, Texas 75204
Debra S. Fitzgerald, Esq. Hubert Crouch, Esq. Crouch & Hallet, L.L.P. 717 N. Harwood, Suite 1400 Dallas, Texas 75201
James L. Ware, Esq. McLeod, Alexander, Powel
& Apffel, P.C. 802 Rosenberg P. O. Box 629 Galveston, Texas 77553
Kent Sullivan, Esq. Joseph A. Garnett, Esq. McFall & Sartwelle, P.C. 909 Fannin, Suite 2500 Houston, Texas 77010-1103
Thomas Dougall, Esq. Bowers, Orr & Robertson 1401 Main Street, Suite 1100 Columbia, South Carolina 29201
Jay Zelesky, Esq. Clayton Devin, Esq. McCauley, MacDonald, Love
& Devin 1201 Elm Street, Suite 3800 Dallas, Texas 75270
Kathy Hermes, Esq. Patterson, Lamberty, Elly
& Stanford 2011 Cedar Springs, Suite 200 Dallas, Texas 75221
Donald M. Hudgins, Esq. Sheryl Mulliken Fike, Esq. James F. Martin, Esq. Hudgins, Hudgins & Warrick 24 Greenway Plaza, Suite 1007 Houston, Texas 77046
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GENERAL OBJECTION
1. Defendant objects to provision of any information and production of any documents covered by the attorney-client privilege or the work product privilege. The following information has been withheld from production:
(a) All attorney-client privileged communications between defendant's counsel and defendant's agents and representatives.
<b> All attorney work product created in connection with this litigation and the subject matter of this litigation. Information being withheld pursuant to this privilege includes documents prepared in connection with this lawsuit by defendant, counsel, defendant's agents and representatives at the request of counsel, and agents of counsel.
(c> Upon request, defendant will provide plaintiff with an itemized list of all documents withheld from production with the exception of all defendant's counsels' attorneyclient privilege and work product documents related to and created in connection with plaintiff's demands and this lawsuit because the mere act of listing such documents compromises the attorney-client privilege and work product privilege. These documents would generally consist of research memoranda, attorney notes, letters between counsel, its agents, defendant, and defendant's agents, and file memoranda prepared by counsel.
2. THE FOREGOING GENERAL OBJECTION APPLIES TO PLAINTIFF'S INTERROGATORIES IN THEIR ENTIRETY AND IS TO BE READ INTO EACH ANSWER AND RESPONSE, AS IF FULLY SET OUT THEREIN.
3. AS TO ALL GENERAL AND SPECIFIC OBJECTIONS MADE HEREIN, AND TO THE EXTENT NECESSARY, DEFENDANT REQUESTS THAT THE COURT ISSUE AN APPROPRIATE PROTECTIVE ORDER PURSUANT TO TEX. R. CIV. P. 166b.
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*
AMENDED ANSWERS TO INTERROGATORIES
INTERROGATORY NO. l: State the name, address, job title, length of time employed by Defendant, and a year-by-year list of all other positions, titles, or jobs held when working for Defendant of each person who has supplied any information used in answering these interrogatories.
ANSWER: Robert Rose, Vice President of Engineering, 249 Roosevelt Avenue, Pawtucket, Rhode Island 02860, employed by Defendant for approximately 13 years.
INTERROGATORY NO. 2: Has Defendant, at any time, engaged in the manufacture of electrical wire products containing asbestos fibers?
ANSWER: No.
INTERROGATORY NO. 5: Has defendant, at any time, engaged in the processing, distributing and/or marketing of material containing asbestos fibers?
ANSWER: No.
INTERROGATORY NO. 6: If the answer to one or more the last three questions is in the affirmative, please state as to each affirmative answer, the following:
(a) The trade or brand name of each such product mined, manufactured or marketed.
(b) The dates each such products were placed on the market.
(c) The dates each of such products were withdrawn from the market.
(d) A description of the physical {the chemical) composition of each such product, including the type of asbestos contained in each such product (i.e., amosite, chrysotile, tremolite and/or crocicolite) and the quantitative percentage of asbestos in each product.
(e) A description of the physical appearance of each such product.
(f) A detailed description of the intended uses of each such product.
(g) The name of the manufacturer of each such product.
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(h) The mining or milling concern from which the raw asbestos fiber was obtained.
ANSWER: Not applicable to Carol Cable company, Inc.
INTERROGATORY NO. 23: Have you received notice that any other person was claiming injury as a result of using asbestos products manufactured and/or sold by your company (both prior to and subsequent to the filing of this action)?
ANSWER: Objection. The scope of this interrogatory is not limited to the product at issue and is thus overly broad and unduly burdensome. Furthermore, subsequent notices of injuries are irrelevant.
Subject to the foregoing objections, yes.
INTERROGATORY NO. 24: If so, please state:
(a) The name and address of each claimant.
(b) The date and notice of each claim.
(c) A description of the claim (i.e., workmen's compensation, products liability, etc.).
(d) The type of injuries allegedly sustained.
(e) The name and address of each attorney who represents the individuals making such claims.
(f) The style and court number of each claim currently
pending.
.
(g) The resolution of each claim that has been settled or taken to judgment.
ANSWER: Objection. Defendant Carol Cable Company, Inc. objects to this interrogatory to the extent that it asks for information that is subject to the attorney-client, attorney work product, and party communication privileges and to the extent that it asks for information regarding witness statements or the identity, mental impressions, or opinions of consulting experts. Carol Cable Company, Inc. also objects to the request because it is overly broad, is not calculated to lead to the discovery of admissible evidence, is harrassing, unduly burdensome, and is calculated to cause Carol Cable Company, Inc. to incur unnecessary expense.
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INTERROGATORY no. 25: Do you have any records indicating that any of your products containing asbestos fibers were sold to any of the companies named as co-defendants in this suit?
ANSWER: Defendant Carol Cable Company, Inc. objects to this request because it is overly broad, is not calculated to lead to the discovery of admissible evidence, is harassing, unduly burdensome and calculated to cause Carol Cable Company, Inc. to incur unnecessary expense in that it does not specify the product that plaintiff is claiming caused the damage.
Subject to the foregoing objections, no.
INTERROGATORY NO. 26: If so, please state:
(a) The name, address, and job classification of each individual who currently has possession of such records.
(b) Please list the names of each co-defendant to whom your products have been sold.
(c) Please state the dates of each such sale and the amount and kind of materials sold.
(d) State whether your company manufactured asbestos containing electrical wire products for a co-defendant but placed said co-defendants labels, containers on said products and list co-defendant.
ANSWER: Defendant Carol Cable Company, Inc. objects to this request because it is overly broad, is not calculated to lead to the discovery of admissible evidence, is harassing, unduly burdensome and calculated to cause Carol Cable Company, Inc. to incur unnecessary expense in that it does not specify the product that plaintiff is claiming caused the damage.
.
Subject to these objections, this Interrogatory is not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 38: If the answer to Interrogatory No. 3 is no, please state:
(a) From what sources, if any, did your company obtain asbestos containing electrical cable wire products since 1945.
(b) Whether any warnings, cautions, caveats or directions accompany the material referred to in (a) and the nature
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' and extent of said warnings, cautions, caveats or directions accompanying asbestos materials.
(c) Approximately what date said warnings, cautions, caveats or directions first appeared on the manufactured asbestos or asbestos material.
ANSWER: Not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 56: Please state the names and addresses of all
personnel employed by defendant from 1930 until the present time
who functioned as industrial hygienists or toxicologists. As
contemplated by these Interrogatories, an industrial hygienist is
_ _ _ - -i---------------------^__________ _ .__________________J_______________i-________1 i_ ___J 1
J j__________j- Z r..i
' and extent of said warnings, cautions, caveats or directions accompanying asbestos materials.
(c) Approximately what date said warnings, cautions, caveats or directions first appeared on the manufactured asbestos or asbestos material.
ANSWER: Not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 56: Please state the names and addresses of all personnel employed by defendant from 1930 until the present time who functioned as industrial hygienists or toxicologists. As contemplated by these Interrogatories, an industrial hygienist is one who performs engineering or health studies to identify and evaluate potential occupational health hazards and suggest methods of dealing with same. Please state:
(a) The facility or office to which they were assigned.
(b) Their complete and precise duties and responsibilities.
ANSWER:
Carol Cable Company, Inc. objects to this
interrogatory because it is overly broad and unduly
burdensome and is calculated to cause Carol Cable
Company, Inc. to incur unnecessary expense.
Subject to the foregoing exceptions, this interrogatory is not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 57: Please state if the defendant's medical officers ever made, at any time, any recommendations and/or suggestions to the defendant pertaining to the risks or hazards to persons involved in the manufacturing or use of electrical wire products containing asbestos? If so, please state:
(a) Where were such recommendations and/or suggestions made?
(b) To whom where were such recommendations and/or suggestions made?
(c) By whom .where were such recommendations and/or suggestions made?
(d) The substance of the recommendations and/or suggestions.
ANSWER: Not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 58: Please state the names of trade association periodicals to which the defendant subscribed from 1928 to the
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present date. State whether or not the defendant has any knowledge of any articles being printed in industry trade journals, essays, memoranda and other similar sources pertaining to the hazardous potentials of asbestos and which of such articles were received by
you.
ANSWER:
Carol Cable Company, Inc. objects to this
interrogatory because it is overly broad and unduly
burdensome and is calculated to cause Carol Cable
Company, Inc. to incur unnecessary expense.
Subject to the foregoing objections, this interrogatory is not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 61:
Please state the amounts spent or
contributed by the defendant annually from 1936 until the present
time for research specifically directed to the relationship, if
any, between an electrical worker's exposure to asbestos containing
electrical wire products and asbestosis, lung cancer or any other
pulmonary disease.
ANSWER:
Carol Cable Company, Inc. objects to this
interrogatory because it is overly broad and unduly
burdensome and is calculated to cause Carl Wire & Cable
to incur unnecessary expense.
Subject to the foregoing objections, this interrogatory is not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 65: Please state the scientific or medical periodicals to which the defendant, its medical department or industrial hygiene division subscribed during the period between 1950 and 1964, specifying the date such subscriptions were begun.
ANSWER: Not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 67: Please state whether any employee of the defendant has ever made a claim for asbestosis under the Occupational Disease or Workmen's Compensation Statute of any state. If so, please state the date that the defendant first received notice of any claim for asbestosis under the Occupational Disease or Workmen's Compensation Statute of any state and state the total number of claims filed for the years 1946 to present.
ANSWER:
Carol Cable Company, Inc. objects to this
interrogatory because the claims inquired about are not
reasonably similar to the present claim are thus
irrelevant.
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Subject to the foregoing objections, the answer is no, not to the best of Carol Cable Company, Inc.'s knowledge.
INTERROGATORY NO. 68: Is the defendant a member of the Asbestos Textile Institute? If so, when did it first become a member and list the years inclusively of membership?
ANSWER: No.
INTERROGATORY NO. 71: Has the defendant ever been a member of the Industrial Hygiene Foundation or the Industrial Health Foundation and, if so, state the years inclusively of such membership.
ANSWER: No.
INTERROGATORY NO. 75: Did the defendant sponsor, since 1930, for its employees or distributors any meetings, seminars, conferences, or conventions where the subject of occupational health and exposure to asbestos was discussed?
ANSWER:
Carol Cable Company, Inc. objects to this
interrogatory because it is overly broad and unduly
burdensome.
Subject to the foregoing objections, the answer is no.
INTERROGATORY NO. 77: Did the defendant ever warn any labor union representing electrical wire workers or any potential health hazard from use of electrical wire products containing asbestos?
ANSWER: No.
.
INTERROGATORY NO. 78: If the answer to the preceding interrogatory is in the affirmative, please state:
(a) The Union. (b) How said Union was formed. (c) The date and place of said information or warning. (d) The content and nature of said warnings. (e) The individual or individuals warned. ANSWER: Not applicable.
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INTERROGATORY NO. 88:
Please identify all booklets, manuals,
journals, and all publications directed from you to customers and
users of all asbestos containing electrical wire products and the
dates said information was forwarded regarding the proper use and
application of your asbestos containing insulation products.
ANSWER:
Carol Cable Company, Inc. objects to this
interrogatory because it does not specify the product
that plaintiff is claiming caused the damage and
discovery on other products is irrelevant.
Subject to the foregoing objections, this interrogatory is not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 89: At any time prior to 1964, were any tests or studies conducted or sponsored by you to determine:
(a) The level of dust or fiber concentration incident to:
(i) cutting or sawing your electrical wire products containing asbestos;
(ii)
Implacing the production on (1) pipes, (2) boilers;
(iii)
Tearing down the product during repair and maintenance functions.
(b) Whether long term (20 years or more) exposure to electrical wire products containing 15% asbestos or less for work periods less than 8 hours a day, both indoors and outdoors, which resulted in the liberation of asbestos dust or fiber below 5 million particles per cubic foot (mppcf) might cause asbestosis or expose such worker to an increased statistical risk of contracting:
(i) Bronchogenic cancer;
(ii)
Mesothelioma (pleural or peritoneal);
(iii)
Gastrointestinal cancer.
ANSWER:
Carol Cable Company, Inc. objects to this
interrogatory because it is unclear what plaintiff is
asking.
Subject to the foregoing objections, the answer is no.
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INTERROGATORY NO. 94: State the date and the source from which you received your first notice and awareness of threshold limit values pertaining to the concentration of airborne asbestos fibers.
ANSWER; Objection. Carol Cable Company, Inc. objects to this interrogatory to the extent that it asks for information subject to the attorney-client, attorney work product and party communication privileges.
Carol Cable Company, Inc. has learned through counsel
information regarding threshold limit values pertaining
to concentration of airborne asbestos fibers.
This
information is subject to the attorney-client, attorney
work product and party communication privileges.
Furthermore, this question is not applicable to Carol
Cable Company, Inc. since it did not manufacture asbestos
containing products.
INTERROGATORY NO. 95: Describe what action was taken by you prior to 1960 to determine whether wire mechanics who were applying your asbestos containing electrical wire products were exposed to concentrations below the TLV and state the date and nature of each action taken by you.
ANSWER; Not applicable.
INTERROGATORY NO. 9 6; State your knowledge as to the manner in which your asbestos containing electrical wire products were cut, sawed, fabricated and prepared for application upon job sites since 1940, by asbestos wire mechanics.
ANSWER: Objection. Calls for speculation as Carol Cable Company, Inc. would have no personal knowledge of this.
Subject to the foregoing objection, this interrogatory is not applicable to Carol Cable Company, Inc.
INTERROGATORY NO. 98;
Please state whether or not you ever
obtained any knowledge concerning the likelihood of asbestos
inhalation being hazardous to health and, if so, state when the
corporation first learned of the hazardous potential of asbestos
and its products. State how the defendant first obtained this
knowledge of said hazards and from what source this information was
obtained.
ANSWER: Objection. Defendant Carol Cable Company, Inc. objects to this interrogatory because it asks for information that is subject to the attorney-client.
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attorney work privileges.
product,
and party communication
INTERROGATORY NO. 112;
please state the date when you first
notified your employees working in your manufacturing plants and
factories as to the need to wear and use respirators.
ANSWER: Not applicable.
INTERROGATORY NO. 113:
Please state the date when you first
notified asbestos wire mechanics applying your asbestos electrical
wire products as to the need to wear respirators.
ANSWER: Not applicable.
INTERROGATORY NO. 116:
State whether any officers, agents,
servants or employees of the defendant has ever testified before
any governmental body regarding the possible harmful effects of
asbestos exposure. If so, please state:
(a) When and where such testimony was given.
(b) Summary of said testimony.
(c) If recorded and, if so, attach a copy of the answer to these interrogatories.
ANSWER: No.
INTERROGATORY NO. 129: Please state if the defendant intends to assert that it does not or has not manufactured, sold, distributed, or supplied asbestos electrical wire materials to the area including Arkansas, Louisiana, Texas, Oklahoma and Tennessee.
ANSWER:
Carol Cable Company, Inc. does not and has not
manufactured asbestos-containing products.
Carol Cable
Company, Inc. has no reason to believe that it ever sold or
distributed or supplied asbestos-containing products to the
states of Arkansas, Louisiana, Texas, Oklahoma and Tennessee.
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