Document Ed4yVxmxKV1wnpKe5ddQZ7JKj

FILE NAME: Kaiser Gypsum (KG) DATE: 1992 DOC#: KG044 DOCUMENT DESCRIPTION: Legal - Amended Responses i IN RE: ALL ASBESTOS-RELATED PERSONAL INJURY OR DEATH CASES FILED OR TO BE FILED IN DALLAS COUNTY, TEXAS S IN THE DISTRICT COURT S S DALLAS COUNTY, TEXAS S 160TH JUDICIAL DISTRICT DEFENDANT, KAISER GYPSUM COMPANY, INC.'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS* MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION TO DEFENDANT SUBJECT TO AND WITHOUT WAIVING SPECIAL APPEARANCE8 TQ PRESENT MOTIONS OBJECTING TO JURISDICTION TO: Plaintiffs, by and through their attorneys of record, Silber Pearlman, Worthington, and Bruegger, 1000 Highland Park Place! 4515 Cole Avenue, LB 34, Dallas, Texas 75205-4185. . Now Comes, Kaiser Gypsum Company, Inc. (Kaiser Gypsum), Defendant, subject to its now pending and any future special appearance to present motions objecting to personal jurisdiction, and files this its Amended Responses and Answers to Plaintiffs' Master Set of Interrogatories and Request for Production to Defendant Subject to and Without Waiving Special Appearances to Present Motions Objecting to Jurisdiction. Respectfully submitted, DAVID R. SEIDLER State Bar No. 18000500 SHANNON, GRACEY , gTLIFF & MILLER, L.L.P. 2200 First City Bank Tower 201 Main Street Fort Worth, Texas 76102-9990 (817) 336-9333 Fax (817) 336-3735 ATTORNEYS FOR DEFENDANT, KAISER GYPSUM COMPANY, INC. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 1 CERTIFICATE OF SERVICE , * hereby certify that a true and correct copy of the foruonin ocument has been forwarded to attorney for Plaintiffs bv 00+?#! ? avail able" to a"d / % ? & Seen^de ____ day of j^ly, " 9 2 .""" OUnsel of record th^ the _2 7 y DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 2 PRELIMINARY STATEMENT AND OBJECTIONS A * ORIGINAL STATEMENT Subject to and without waiving its current or anv future special appearances. Defendant, Kaiser G^sum, makes this Pre^-iinary statement and objections? m . . efendant, Kaiser Gypsum, currently has special appearance DaliasSCountin9 p" i?el^e *.SaseS involvin9 over 100 plaintiffs in Et?h v.f these cases involve numerous plaintiffs who are Oregon or Washington residents. Each and every objection, response or matter contained in these amended responses and answers 18 made strictly subject to and without waiving any pending special appearance motion. To the extent that Kaiser Gypsum is named and served as a party in future cases venued in Dallas County, these interrogatory responses shall also be subject to, and without waiving, any future special appearance motions. Defendant, Kaiser Gypsum, expressly objects to each and every discovery request to the extent that it seeks any information in those cases wherein a special appearance is pending for the reason that such discovery requests are not related to any special appearance motion or likely to lead to the discovery of evidence admissible in a special appearance hearing. * Defendant, Kaiser Gypsum, also is involved in four cases involving plaintiffs who are Dallas residents, in which Kaiser Gypsum s special appearance motion has been denied. Kaiser Gypsum objects to each and every discovery request to the extent it is unrestricted as to time and geography on the grounds that such requests are unreasonably burdensome and not reasonably related to discovery of evidence related to such claims. Kaiser Gypsum records disclose that it made some sales of two ffcfS^?S~COntain^n^ Produts to customers located in Texas from 1961-71. See response to Interrogatory No. 6, infra. Therefore, Kaiser Gypsum's responses herein are limited to information concerning products manufactured by Kaiser Gypsum during that time p@rloo Kaiser Gypsum has not conducted manufacturing or sales operations in the United States since 1978, some fourteen years ago' Ali Kaiser Gypsum facilities that manufactured products, som asbestos-containing products, were sold to non- affiliated third parties. Accordingly, Kaiser Gypsum has no current employees with detailed, personal knowledge concerning its former production and sales of asbestos-containing products, particularly with reference to any products that could be the subject of lawsuits in Dallas County. The responses herein are based on review of retained Kaiser Gypsum records and information provided by former Kaiser Gypsum employees. In this connection it DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 3 should be noted that Kaiser Gypsum has not been sued in Texas in asbestos-bodily injury cases until recently, and, consequently, research in company records related to Texas sales was begun only recently. Kaiser Gypsum has and will continue to use its best efforts to provide answers based on its current knowledge, the knowledge of former employees who are accessible to it, and such company records and documents as have been retained. Kaiser Gypsum will supplement these responses on a continuing basis as additional information becomes available to it in the course of further research into company records and upon inquiry of former Kaiser Gypsum employees who may be knowledgeable on any of the subject areas* B BRCKGRPPMD QW THE AMENDED RESPONSE After Kaiser Gypsum filed and served its original responses to these interrogatories on May 29, 1992, plaintiffs' counsel brought a motion to compel further answers. The basis for the motion was plaintiffs' contention that Kaiser Gypsum must provide information as to all of its products that ever contained asbestos as an ingredient (not just those sold to customers located in Texas). Plaintiffs' filed this motion despite the fact that Exhibit A to Kaiser Gypsum's original answers provided information as to all products. In compromise to plaintiffs' motion to compel, Kaiser Gypsum, by letter dated June 19, 1992, (attached hereto as Exhibit C) , agreed to provide amended responses incorporating certain information regarding all of its products that used asbestos as an ingredient. The interrogatories to which this information is relevant are listed below. Kaiser Gypsum's agreement to provide these amended responses was made without waiving any objections Kaiser Gypsum has to any of these interrogatories. Accordingly, Kaiser Gypsum's Amended Response provides additional information in response to Interrogatory Nos. 4-7, 12, 14, 16, 20, 21, 31, 41, 42, 51 and 52 as they relate to all asbestos-containing products manufactured by Kaiser Gypsum. GENERAL OBJECTIONS 1. Defendant Kaiser Gypsum objects to each and every discovery request to the extent that it requires Defendant to search through all corporate documents or all corporate documents relating to asbestos for the reason that such requests are clearly overbroad, unduly burdensome, exceptiona1ly expensive, and not reasonably related to the discovery of evidence relevant to the claims of plaintiffs claiming injury arising out of alleged exposure to Kaiser Gypsum products in Texas. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 4 2. Defendant Kaiser Gypsum, objects to definition number 6 for the reason that the term "contain" was not changed to the word contained" as ordered by Judge Whittington on January 17, 1992. ^ Defendant Kaiser Gypsum objects to Interrogatories No. 6, 61, 62 and 63 for the reason that such interrogatories were not m the proposed master set of interrogatories and therefore, no opportunity for objections was presented to defense counsel. Defendant objects to this unilateral and blatant attempt to circunwent the procedure set forth by Judge Whittington of the district Court. In addition, Defendant objects to identifying expert and fact witnesses in a master set of discovery as requested in Interrogatories No. 60 and 61 when these witnesses are unique to each case. 4. Defendant Kaiser Gypsum objects to the master set of interrogatories to the extent that they seek matters privileged under the Texas Rules of Civil Procedure and Texas Rules of Evidence including, but not limited to, information and matters presented by the attorney/client privilege and attorney work product exemption. 5. Defendant Kaiser Gypsum objects to the 22 definitions set forth at the beginning of the interrogatories as an improper attempt to give meanings to ordinary English language words that are contrary to their accepted meanings and which render the interrogatories ambiguous, clearly overbroad, or unduly burdensome to answer. Defendant expressly incorporates each and every general and preliminary objection into its response to each interrogatory and request for production. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS* MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 5 DEFINITIONS As used in this set of Interrogatories and Recmest for Production, the following terms mean: request: for 1. The words Defendant, You, Your, Your company," all mean the corporate Defendant separately answering these Interrogatories, and any of its merged, consolidated, or ac2u iJ?d predecessors, divisions, subsidiaries, foreign subsidiaries, foreign subsidiaries of predecessors, and/lr a t , . aies knowi? to have med, manufactured, sold, marketed, utilized or distributed asbestos or asbestos-containing products or that incorporated asbestos or asbestos-containing products into ships or other water-going vessels. This definition includes present and former officers, directors agents, employees, and all other persons acting or purporting to act on behalf of the corporate Defendant or its predecessors, subsidiaries, and/or affiliates known to have mined, manufactured, sold, market or distributed asbestos or asbestos-containing products. "Predecessors" further means any business firm, whether or not incorporated, which had all or some of its assets purchased by you or came to be acquired by you whether by merger, consolidation, or otherwise known to have mined, manufactured, sold, marketed, utilized, or asbestos or asbestos-containing products. Subsidiaries" further means any business firm, whether or not incorporated, which is or was in any way owned or controlled, in whole or in part by Defendant or its predecessors and which is known to have mined, manufactured, sold, marketed, utilized or distributed asbestos or asbestoscontaining products. Defendant is required to produce a schematic or diagram detailing its subsidiaries, predecessors and divisions that . would be included in the above definition. (See Request for Production No. 2) H 2 The words "document", "documents", "written materials", or printed matter" include any written, printed, recorded or graphic matter, photographic or videographic matter or sound reproductions or computer input or output, including but not limited to: contracts, notes, rough drafts, inter-office memoranda, reports, research materials, logos, diaries calendars, bank statements, tax invoices, diagrams, studies! manuals, minutes, by-laws, articles of incorporation, resolutions, shareholder endorsements, or partnership documents however produced or reproduced, that (1) are now or were formerly in the possession, custody, or control of the Defendant (including documents at any time in the possession, custody or control of their subsidiaries, whether domestic or international, or merged or acquired predecessors) , or (2) are DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS* MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 6 Interrogatories regardless of who* n o ^ h a s " or^form0 i thwSe custody, possession or control. formerly had 3 . The word "person" or "persons" include natural person S s contractors of any business organization or arrangement. d 4. ^ s e n c f o ^ a n V X s ^ n e " 6^ 1??3 " may "ean ^incidence or SvIIenCe f any Persns, whether or not such coincidence or ennnoii? ^Pre-arranged, was formal or informal, or was in connection with some other activity. 5. "OILdKs "describe" or "description", when referring to a particularity the0^ . 6"?!!'- "ean tQ identlfi' with sufficient ?__ ifU,lariJ y the Pfacef thing, or occurrence so as to enable . I K * 1*' examine and fully comprehend or understand the place, thing, or occurrence described. 6 The words "product containing asbestos fibers," "asbestosc o n t a m m g products," "asbestos products" all refer to anv d ? 2 ^ ? w (r n;?e5 lalS PrePared in any way for slle and/S? thaJL contalned any kind of asbestos in any anrf ff rm; , The words "asbestos materials" refer to anv f a b r i c L i ^ nriat1S# f^bstancef matter used or assembled o? fabricated during the manufacture of a product, and that limited3?6 a?bestos fibers. "Product" includes, rraivi? "0t 1 , .lted to' pipecovering, turbines, cement, block tileJtSmaS??kln9K ?*aster' ^oint compound, floor and ceiling tiles, mastics, boilers, raw fibers, fireproofing, shinnies9 aheebs boards millboard, refractory cement, boilers' tetureCkanrtbrie and ^ lntc^ linings, finishing compound,' in2uiionnater!als0.n r U C t l 0 n ' bUildings' ****11. lath and alLratfon ^ V * 9" vchan<?es'K and "modifications" mean f *n bhe m f ^ u p and/or components of a particular product, including but not limited to, variations in the amount or type of asbestos used in the process of manufacturing the product. process of 8 , "releasing products to the public" means selling distributing, marketing, or otherwise causing the products to outlets^for* 1 e!** 9en" al P U b U c and'r 9. "dLtr`^ t iTM - iS^ i bUH ' " "distributed," "distributor," and and/or^hipment *of 2 Z L S S Z ^ * 2 2 DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 7 f their sale, resale and/or for purposes of filling orders provided by other business concerns. The word "distributor" specificaHy refers to a company or its sales representatives, whether dependent or independent, responsible for sales or marketing of products. 10 The words "marketed, and "market" mean and include all efforts to assist in the distribution and/or sale of products. More generally, these terms refer to only efforts on your part or the part of manufacturers or distributors to sell or otherwise distribute products. 11. The words "medical advisory capacity" refer to the duties, abilities or capabilities of any member of Defendant's staff, or any individual or organization who has contracted with Defendant, to provide services of a medical nature, including but not limited to providing medical advice. 12. The words "trade organization," or "trade association" mean any organization or associations of business or industrial entities that are associated and/or meet for the purpose of achieving common goals and/or exchanging information related to common needs or interests, and/or learning information or facts of interest to the various members of the organization or association. 13. The word "plant' means a manufacturing or assembly facility where products are assembled, manufactured, constructed, fabricated, or where component parts, materials, substances, or matter of such products are fabricated, assembled, or manufactured or are prepared for further fabrication and/or assembly. 14. The word "manufacture," or "manufactured" means to fabricate, to construct, to assemble, prepare for fabrication or assembly, or any other action taken prior to completion of the product or material before the time of its shipment. 15. The word "resale" means the sale of a finished product or products previously purchased by your company from another company, either with or without alterations, changes, or modifications to the product prior to the sale by your company. ; 16. The words "sales materials," or "written sales materials" mean any and all documents or literature of a promotional nature that were created or printed for the purpose of assisting in the marketing or distribution of the products. such documentation may include, but is not limited to, sales invoices, order slips, and other written indicia of orders received and sales made. DEFENDANTS AMENDED RESPONSES AND ANSW ERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 8 17. whereby tLhr tjea^ t % ^ "hen S y W ^ ^ . T S S f i a S S S s names?** in h* Stea" f co" "eroe, utilizing its new brand 18. The words "research" and "research department" refer to efforts whether scientific or otherwise, to develop new an/or different types of products, processes or designs of Sieexisting products and is meant to incorporate all efforts that specifically contemplated the possible alteration of products. 19. The words "medical department" refer to an individual or a d ? r ^ t ? vr grUp f ^dividuals working for Defendants, either directly o r m a contractual capacity, whose purpose was or is to provide guidance, assistance, or advise concerning any aspect of medical health, including but not limited 2? the safety of Defendant's workers and the safety of individuals using products manufactured by the Defendant. 20. .2 1 .22 The words "industrial hygiene surveys" means surveys, tests, interviews, or other procedures taken or effectuated for the diei? inin9 the Possibility or existence of detrimental effects caused by Defendant's products on the ?f Defendant's workers and/or potential, anticipated, and/or known end users of Defendant's products. P ! ^ rwrJ? "potential health hazards," or "health hazards" refer and relate to any injury, effect, damage, scarring, disability of any part of the humln 1ininas ' liinited to the lungs and lung H i "?8 ' i ha? is, cused by or associated with exposures to asbestos dust and fibers. o L er? S J*TM3 "testing" are used in their broadest sense, including but not limited to, studies of atmospheric fi ? W n Pl? S V StUdie? f the concentration of asbestos in such airborne test sample, studies of the lung conditions of workers (by x-ray or other means of medical surveillance) function studies of workers, animals studies" pathological studies, industrial hygiene studies, risk assessment studies, cost-benefit analyses and any other studies on the product concerning health and safety required by any governmental agency. H DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 9 INTERROGATORY NO. IN T E R R O G A T O R T K fl by C e n d a n t 1;" . " J i y ^ y - y ^ r V u t " '' "3 ? '" " titles, or jobs held when working for Defendant of each personwho interrogatories, " Y inon"ati'' use<l in answering these Youngnan, 1333 H. California Boulevard, alnut Creek, californU 9459C, Secretary and Treasurer; lo years; Secretary since 1988 Assistant Treasurer (1982-92); Treasurer since March 27, 1992. *' INTERROGATORY NO. 2 s State whether or not you are a corporation. If so. state vour cJrect corporate name, the state of your incorporation, the address of your principal place of business, the name and address vfuih hohA^n enu X+u authorized to accept service of process on ^5' and whether or not you have ever held a Certificate of Authority to do business in the State of Texas. MSSIBs Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Yes. Corporate Namet. Kaiser Cypsun Company, Inc. State, of Incorporation t Washington g rincipal Place of Business; 1333 N. California Boulevard, Walnut Creek, California 94596 ' f f P y Authorised tft Accept seyyjpei C.T. Corporation System, 818 W. 7th St, Los Angeles, California 90017; Melissa A. Youngman, 1333 M. California Boulevard, Walnut Creek California 94596 ' Authority,to do business in Texas: Yes (1959-88). JNTERROGATOFYMO. 3 : Has Defendant or any of its predecessor or subsidiary at ay ti engaged in the mining and subsequent sale of 1 ,con.t*in^ asbestos fibers? If so, identify the location Ztnla the yearf.o its operation, the type of asbestos mined and whether you sold any asbestos to any Defendants in the Dallas County Asbestos litigation. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 10 &N$WEg: Subject t Defendant's n..j nd general objection, end without aivi"*JE??* ? INTERROGATORY fin v Defendant or^any o f ^ t s ^ r e d e c e s s o ^ o ^ s S s i d i 3813681^08 fibers that time manufactured or sold. sidiary companies at any ^unlimited13*. tlM*" d oeo^r^hi? ." ope1 wVt?'the" 17 it*"** 11 is s s k l t s s s s waiving these ob" .otion. \ n d ^ inject^ appearance motion and preliminary3 and without waiving same: ** u i to n-Vle" V.- Witho"* ndf5t *. Pcil general objections and " eV." ," 1. " "^ " ^ " ^ " i - t i n g Compound" Dalla, county. 19*1-71, only 9 of which were in ^ " e L ^ e T t o " ?, beDteenlei%S 7w*llbo" a "-imt Compound" Dalla, county. a" 1561~71' 2* of which were in productsGytphsautm caolnstoaimnaendufaascbetsutroesd, and sold the following list of customers located in Texas: BOBS of which were ever sold to Decorative texture paints Cover-Tex Texture Paint Spray-Tex Texture Paint Spray Cover-Tex Texture Paint Kaiser-Tex Texture Paint Cover-Tex Wall Texture Texture K-Spray Ceiling Texture Paint Paint Compounds _for gypsum aiiboard Finishing Compound-Powder One Day Joint Compound-Powder 3-Purpose Compound-Powder Premix Joint Compound Premix Finishing Compound Dual Purpose Premix Compound Premix Topping Compound AMENDED responses a n d a n s w e r s t o plaintTM mas t e r set of interrogatories a n d REQUEST FOR PRODUCT! PAGE 11 gflfflpoMU qg t e E J El l f i t r i g J* a < U ftn t Homo H ea t i n g n it Filler Compound Radiant Heat Compound Radiant Seat Surfacing Compound Radiant Heat Scrimless Surfacing Compound Radiant Heat Joint Compound compounds for Exterior Wallboard X-Terior Fremi* Frefill Compound X-Terior Premi* Vail Texture Compound Itay-I* poard/Celllnq Tile Kaiser Mineral Fibreboard UL Fire-Rated (Underwriters' Laboratories, Inc. design) For * listing of and additional descriptive information on products manufactured and sold by Kaiser Gypsum that contained asbestos, see Attachment A; 55 Federal Register 5144, 5150Sl (Asbestos Information Act). INTERROGATORY NO. 5 ; by each product containing asbestos fibers that sol.? predecessor or ^ i ^ i a r y companies at any J.Ut>3!ct t0 Defendant's special appaaranca motion and Sitdii1?" ? *d ffanaral objections and without waiving samai see Answer to Interrogatory No. 4. * INTERROGATORY NO. fi: is one or more of the last three interrogatories product the foTlowi?,? U S t S pr0dUtS' state to each named " mL?fa?t?re?,?.?r\'et?da! \ ? d ? o ? L ? d Ch Pr0d"t WaS Bl"6d' b* f Jihe com??"ies lining, manufacturing, marketing, and/or selling each product mined manufactured, marketed, and/or sold. ' c ` The trade or brand name of each of those products mined manufactured, marketed and/or sold. ' d. m a r k e t eacb of the named products was placed on the DEFENDA N TS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 12 e. e a c r ^ t h e " nLtd* S . " ' S ? ? 1'* i E S S ^0tnt^ nl ^ np ^ u S ? duot and the < f. arf d te,each of the products was removed from the market reasons S Z S o r ? " r dlstribute<1 -- - ." * * - r f ^ d the6 reasons\h^refor? fr" " *> " h. nanedproducts?f *** physical apPearance * <<* of the i. products?3 description of the intended uses of the named j- th e y e a r that you sold each asbestos- containing product. M S H S B j Subject to Defendant's special appearance motion ana preliminary and general objections and vitho5twIi?!g s ^ e ? X * IBPDPGTS SOLD -XQ-QffB QR.MORE KAISER GYPSDM CUSTOMERS IM TEXAS Wallboard 'Laminating Compound a-c. Wallboard Laminating Compound was manufactured, marketed and sold by Kaiser Gypsum, d. Defendant Kaiser Gypsum objects to this interrogatory on meaninaUo#*t*.lh a w ** 1# vagua and ambiguous as to the waivin Phrase, placed on the market. Without tl Y Kaisar yPsn made 26 sales of wallboard A5" ^ ai ln^ Compound to customers in Texas (only nine s / M hif/iW#ri A ? Dallas County> during the months of 4//63,9 5/ 6\3', 77//63 '/(t.1w/o6 2s'al,5e/s*)2,' 76//6*42,' 8?//642,, 68//6652 , 73//6653 , aid53/71^65' 4/<6' 4/69' */ (two sales)', 3/701 e. Wallboard Laminating Compound was composed primarily aad limestone. Asbestos used was fr5y*oti1** Th# at of chrysotile ranged from 6.5Upoa th* dat elected and formula in effect at a given manufacturing plant at that time. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 13 f. i. unta.. Wallboard "'" inatin asbestos m as ingredient, vae discontinued in ila he reason for discontinuance is unknown. 2* g Asbestos was not removed from this product prior to its discontinuance in 3,972. h. Wallboard Laminating Compound was off-white in color. i. Wallboard Laminating Compound was used as an adhesive to laminate gypsum wallboard to gypsum wallboard or to sound deadening board. j. See response to Interrogatory 6(f). Wallboard Joint Compound a-. Wallboard Joint Compound was manufactured, marketed and sold by Kaiser Gypsum. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, placed on the market. without waiving same: Kaiser Gypsum made only six sales of "Joint Compound to customers in Texas (none ,in Dallas County), during the months of 1/61, 11/67, 2/68, 5/68, 11/68, and 2/69. Wallboard Joint Compound" was composed primarily of eiiily materials including casein or polyvinyl, iay' J ^ lc' lime8tne and mica. Asbestos used was chrysotile. The amount of chrysotile ranged from 6.5- i!' *pn<sln9. uPn th at selected and formula in effect at a given manufacturing plant at that time. f. Kaiser Gypsum made no sales of wallboard Joint Compound i.*"sto"ara in Texas after 2/69. The reason is unknown. Wallboard Joint Compound with asbestos as an ingredient, was discontinued in 1975. The reason for discontinuance is unknown Asbestos was not removed from this product prior to its discontinuance in 1975. r h, Wallboard Joint Compound was off-white in color. i. Wellboerd Joint Compound was used to fill gypsum wallboard joints, embed joint reinforcing tape, finish DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 14 joints and to cover and finish nailheads and natal oornerbead. j . Please see answer to interrogatory 6(f) II. PRODUCTS NEVER BOLD BY KAISER GYPSUM TO CUSTOMERS IN TEXAB "Cover-Tex" Decorative Texture Paint a-c. "Cover-Tex" decorative textiure paint was manufactured/ marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase/ "placed on the market__*ithout waiving this objection: This product/ with asbestoses an ingredient/ was apparently "placed 'on -the-- market" beginning in 1952. This product was never sold to customers in Texas. e. "Cover-Tex" decorative texture paint was composed primarily of limestone/ talc and mica/ with a number of other ingredients present in smaller amounts. Asbestos used was chrysotile. The amount of chrysotile ranged from 4-8.5%/ depending upon the date selected and formula in effect at a given manufacturing plant at that time. f. "Cover-Tex" decorative texture paint, with asbestos as an ingredient, was discontinued in 1967. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance in 1967. h. "Cover-Tex" decorative texture paint was white to offwhite in color. i. "Cover-Tex" decorative textiure. paint was used to produce a decorative texture paint finish over gypsum wallboard surfaces. ' j. See response to Interrogatory 6(f). DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS6 MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE IS prav-Tex" Decorative Texture. fajafe c 'spray-Tax" decorative texture paint was manufactured, ' marketed and sold by Kaiser Gypsum. d Defendant Kaiser Gypsum objects to this interrogatory on * the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objections This product, with asbestos as an ingredient, was "placed on the market" beginning in 2.95$. This product was never sold to customers in Texas e. "Bpray-Tex" decorative texture paint was composed primarily of limestone, talc and mica, with a number of other ingredients present in smaller amounts. Asbestos used was ehrysotile. The amount of chrysotile ranged from 5.5-11%, depending upon the date selected and formula in effect at a given manufacturing plant at that time. Spray-Tax" decorative texture paint with asbestos as an * ingredient, was discontinued in 1967. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. h. "8pray-Tex" decorative texture paint was white to ffwhite in color. i "Spray-Tex" decorative texture paint was used to produce a decorative texture paint finish over gypsum wallboard surfaces. j . see response to Interrogatory 6(f). gprav Cover-Tex" Decorative Texture Paint a-c. spray Cover-Tex" decorative texture paint was ` manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objacts to this interrogatory on * the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objectioni This product, with asbestos as an ingredient, was "placed on the market" beginning in 1956 This product was never sold to customers in Texas. m iisoray Cover-Tex" decorative texture paint was composed * primarily of limestone, talc and mica, with a number of DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 16 other ingredients present in smeller amounts# Asbestos used was ohrysotile. The amount of chrysotile ranged from 5.5-11%/ depending upon the date selected and formula in effect at a given manufacturing plant at that time. f . "Spray Cover-Tea" decorative texture paint, with asbestos as an ingredient, was discontinued in 1967. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. h. "Spray Cover-Tex" decorative texture paint was white to off-white in color. i. "Spray Cover-Tex" decorative texture paint was used to produce a decorative texture paint finish over gypsum wallboard surfaces. j . See response to Interrogatory 6(f). "Kaiser-Tex" Decorative Texture Paint a-c. "Kasier-Tex" decorative texture paint was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market" Without waiving this objection: This product, with asbestos as an ingredient, was "placed on the market" beginning in 1952. This product was never sold to customers in Texas. e. "Kasier-Tex" decorative texture paint was composed primarily of limestone, talc and mica, with a number of other ingredients present in smaller amounts. Asbestos used was chrysotile. The amount of chrysotile ranged from 4-8%, depending upon the date selected and formula in effect at a given manufacturing plant at that time. f . "Kasier-Tex" decorative texture paint with asbestos as an ingredient, was discontinued in 1967. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. h. "Kasier-Tex" decorative texture paint was white to offwhite in color. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 17 i. "Kasier-Tex" decoratlva textura paint vaa usad to produca a decoratlva taxtura paint finish over gypsum vallboard surfaces j . Sea response to Interrogatory 6(f). "Cover-Tex Wall Texture Decorative Texture Paint a-c. "Cover-Tax Wall Textura" decorative textura paint was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." without waiving this objection: This product, with asbestos as an ingredient, was "placed on the market" beginning in 1968. This product was never sold to customers in Texas. e. "Cover-Tex Wall Texture" decorative texture paint was composed primarily of limestone and talc, with a number of other ingredients present in smaller amounts Asbestos used was chrysotile. The amount of chrysotile ranged from 4-8.5%, depending upon the date selected and formula in effect at a given manufacturing plant at that time. f . "Cover-Tex Wall Texture decorative texture paint with asbestos as an ingredient, was discontinued in 1975. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance h. "Cover-Tex Wall Texture" decorative texture paint was white to off-white in color. i. "Cover-Tex Wall Texture" decorative texture paint was used to produce a decorative texture paint finish over gypsum vallboard surfaces. j . see response to Interrogatory 6(f). "K-Spray Ceiling Texture" Decorative ceiling Pajnjfc a-c. "K-Spray Ceiling Texture" decorative ceiling paint was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 18 meaning of the phrase, "placed on the market." without waiving this objection: This product, with asbestos as an ingredient, was "placed on the market" beginning in 19*1* This product was never sold to customers in Texas. "K-8pray Ceiling Texture" decorative ceiling paint was composed primarily of limestone and talc, with a number of other ingredients present in smaller amounts. Asbestos used was chrysotile. The amount of chrysotile ranged from 1.3-20%, depending upon the date selected and formula in effect at a given manufacturing plant at that time. . "K-Spray Ceiling Texture" decorative ceiling paint with asbestos as an ingredient, was last marketed in 1975. The reason was the development of an asbestos-free formulation. g. Asbestos was removed from "K-Spray Ceiling Texture" decorative ceiling paint in 1975. The reason was increasing environmental and workplace health concerns and regulations. h. "K-8pray Ceiling Texture" decorative ceiling paint was white in color. i. "K-Spray Ceiling Texture" decorative ceiling paint was used to produce a decorative texture paint finish over gypsum wallboard or interior concrete ceilings. j See response to Interrogatory 6(f). "Finishing Compound-Powder" for Gypsum Wallboard a-e. "Finishing Compound-Powder" for gypsum wallboard was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objection: This product, with asbestos as an ingredient, was apparently "placed on the market" beginning in 1955. This product was never sold to customers in Texas. "Finishing Compound-Powder" for gypsum wallboard was composed primarily of finely ground materials including casein or polyvinyl, clay, talc, limestone and mica. Asbestos used was chrysotile. The amount of chrysotile ranged from 3.5-16%, depending upon the date selected DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 19 and formula in affect at a given manufacturing plant at that time. f. "Finishing Compound-Powder" for gypsum vallboard with asbestos as an ingredient/ was discontinued in 1975. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. h. "Finishing Compound-Powder" for gypsum wallboard was white to off-white in color. i. "Finishing Compound-Powder" for gypsum vallboard vas used to top and finish gypsum vallboard joints. j . See response to Interrogatory 6(f). !?One Day Joint Compound-Powder" for Gypsum Wallboard a-c. "One Day Joint Compound-Powder" for gypsum vallboard was manufactured/ marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objection: This product, with asbestos as an ingredient, was "placed on the market" beginning in 1968. This product vas never sold to customers in Texas. e. "One Day Joint Compound-Powder" for gypsum vallboard was composed primarily of finely ground materials including casein or polyvinyl, clay, talc, limestone and mica. Asbestos used vas chrysotile. The amount of chrysotile ranged from 2.5-3.5%, depending upon the date selected and formula in effect at a given manufacturing plant at that time. f . "One Day Joint Compound-Powder" for gypsum wallboard with asbestos as an ingredient, was discontinued in 1975. The reason vas the development of an asbestos-free formulation. ' g. Asbestos vas removed from "One Day Joint CompoundPowder" for gypsum wallboard in 1975. The reason vas increasing environmental and workplace health concerns and regulations. h. "One Day Joint Compound-Powder*' for gypsum wallboard was white to off-white in color. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS9 MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 20 i. "On* Day Joint CompoundPowder" for gypsum wallboard was used to fill gypsum vallboard joints, embed joint reinforcing tape, finish nail heads and metal cornerbead. j See response to Interrogatory 6 (f). !13."Pgp03e Compound-Powder for Gypsum Wallboard a-e, "3-Purpose Compound-Powder" for gypsum wallboard was manufactured, marketed and sold by Kaiser Gypsum* d* Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." without waiving this objections This product, with asbestos as an ingredient, was "placed on the market" beginning in 1968. This product was never sold to customers in Texas. e. "3-Purpose Compound-Powder" for gypsum wallboard was composed primarily of finely ground materials including casein or polyvinyl, clay, talc, limestone and mica. Asbestos used was chrysotile. The amount of chrysotile ranged from 5-14%, depending upon the date selected and formula in effect at a given manufacturing plant at that time. f . "3-Purpose Compound-Powder" for gypsum wallboard with asbestos as an ingredient, was discontinued in 1976. The reason was the development of an asbestos-free formulation. g. Asbestos was removed from "3-Purpose Compound-Powder" for gypsum wallboard in 1976. The reason was increasing environmental and workplace health concerns and regulations. h. "3-Purpose Compound-Powder" for gypsum wallboard was white to off-white in color. i. "3-Purpose Compound-Powder" for gypsum wallboard was used to tape, top and finish gypsum wallboard joints, nail heads and metal cornerbead. ' j . See response to Interrogatory 6(f). DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 21 'Premix Joint Compound for Gypsum Wallboard a-c. "Premix Joint Compound" for gypsum wallboard was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." without waiving this objection! This product, with asbestos as an ingredient, was "placed on the market" beginning in 1959. This product was never sold to customers in Texas. e. "Premix Joint Compound" for gypsum wallboard was composed primarily of finely ground materials including casein or polyvinyl, clay, talc, limestone and mica. Asbestos used was chrysotile. The amount of chrysotile used in this product is unknown. f. "Premix Joint Compound" for gypsum wallboard with asbestos as an ingredient, was discontinued in 1962. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. h. "Premix Joint Compound" for gypsum wallboard was white to off-white in color. i. "Premix Joint Compound" for gypsum wallboard was used to fill gypsum wallboard joints, embed joint reinforcing tape, finish joints and to cover and finish nail heads and metal cornerbead. j . See response to Interrogatory 6(f). !LPremix finishing Compound" for Gypsum Wallboard a-c. "Premix Finishing Compound" for gypsum wallboard was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objections This product, with asbestos as an ingredient, was "placed on the market" beginning in 1959. This product was never sold to customers in Texas. e. "Premix Finishing Compound" for gypsum wallboard 'was composed primarily of finely ground materials including casein or polyvinyl, clay, talc, limestone and mica. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS9 MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 22 Asbestos used was chrysotile. The amount of ohrysotile used in this product is unknown. f. Preaix Finishing Compound" for gypsum vallboard with asbestos as an ingredient, was discontinued in 1962. The reason for discontinuance is unknown. g Asbestos was not removed from this product prior to its discontinuance. r h. "Premix Finishing Compound" for gypsum wallboard was white to off-white in color. i. "Premix Finishing Compound" for gypsum wallboard was used to top and finish gypsum wallboard joints. j. See response to Interrogatory 6(f). HDual Purpose Premix Compound" for Gvosum Wallboard a-e. "Dual Purpose Premix Compound" for gypsum wallboard was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objection: This product, with asbestos as an ingredient, was "placed on the market" beginning in I960. This product was never sold to customers in Texas. "Dual Purpose Premix Compound" for gypsum wallboard was composed primarily of finely ground materials including polyvinyl, clay, talc, limestone and mica. Asbestos used was chrysotile. The amount of chrysotile ranged from 1.5-6%, depending upon the date selected and formula in effect at a given manufacturing plant at that time. . "Dual Purpose Premix Compound" for gypsum wallboard with asbestos as an ingredient, was discontinued in 1975. The reason for the discontinuance was the development of an asbestos-free formulation g Asbestos was removed from "Dual Purpose Premix Compound" for gypsum wallboard in 1975. The reason was increasing environmental and workplace health concerns and , regulations. h "Dual Purpose Premix Compound" for gypsum wallboard was white to off-white or light buff in color. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 23 1 I? ?rp?.a* premix Compound for gypsum vallboard vas aaJd to, 1i1 gypsum vallboard joints, embed joint S i ? SrCiBg fiaia* joints and to cover and finish nail heads and metal cornerbead. j * Saa response to Interrogatory 6(f). gyemix Topping gompound for gypsum Waliboarq ao. Premix Topping Compound for gypsum vallboard vas manufactured, marketed and sold b y Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on meln?naUa f \ * b*\ it *S vagu* and ambiguous as to the vaiviS2 th k ?hrff' "Pla?ad on tha market. Without in IS1 objection* This product, vith asbestos as 9mu4dient'^was "Placad om the market beginning in 2.968. This product vas never sold to customers in Texas. Premix Topping Compound for gypsum vallboard vas fi"alY g ^ u n d materials including polyvinyl, clay, tale, limestone and mica. Asbestos used vas chrysotile. The amount of chrysotile ranged from l2*' flapending upon the date selected and formula in effect at a given manufacturing plant at that time. Premix Topping Compound for gypsum vallboard vith asbestos as an ingredient, vas last marketed in 1976. formulation th development of aa asbestos-free Asbestos vas removed from Premix Topping Compound for gypsum vallboard in 1976. The reason vas increased regulations. aad workplace health concerns and h. Premix Topping compound for gypsum vallboard vas vhite to off-white in color. i. Premix Topping Compound" for gypsum vallboard vas used to finish gypsum vallboard joints. j. See response to Interrogatory 6(f). DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 24  E U H r com pound" fo r E l e c t r i c R l a n t H on. H a .H m , ft-o. "Filler Systems Gypsum. Compound" for electric radiant Home Heating was manufactured, marketed and sold by Kaiser d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objection: This product, with asbestos as an ingredient, was "placed on the market" beginning in 1961. This product was never sold to customers in Texas. "Filler Compound" for electric radiant home heating systems was composed primarily of limestone and mica. Asbestos used was chrysotile. The amount of chrysotile ranged from 5-11.5%, depending upon the date selected and formula in effect at a given manufacturing plant at f. "Filler Compound" for electric radiant home heating systems with asbestos as an ingredient, was discontinued in 1972. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. h. "Filler Compound" for electric radiant home heating systems was white to off-white in color. i. "Filler compound" for electric radiant home heating systems was used to cover radiant heat system ceiling surfaces. * j See response to Interrogatory 6(f). "Radiant Heat Compound" for Electric Radiant Home Heating S y s t e m s ____ a-e "Radiant Heat Compound" for electric radiant home heating systems was manufactured, marketed and sold by Kaiser Gypsum. ' d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." without waiving this objection: This product, with asbestos as an ingredient, was "placed on the market" beginning in 196. This product was never sold to customers in Texas. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 2S e. "Radiant Baat Compound" for alaotrio radiant hone boating yotomo vas composed primarily of sand and Portland cement. Asbestos used vas chrysotile. The amount of chrysotile was 3.5% f . "Radiant Beat Compound" for eleotrio radiant home heating systems with asbestos as an ingredient, was discontinued in 1974. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. h. "Radiant Beat Compound" for electric radiant home heating systems was white to off-white in color. i. "Radiant Beat Compound" for electric radiant home heating systems was used to cover radiant heat cables stapled to ceiling surfaces. j . See response to Interrogatory 6 (f). "Radiant Beat Surfacing Compound" for Electric Radiant Borne Heating Systems__________________________ ______,________ ____ a-c. "Radiant Beat Surfacing Compound" for electric radiant home heating systems was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objection: This product, with asbestos as an ingredient, was "placed on the market" beginning in 1969. This product was never sold to customers in Texas. e. "Radiant Beat Surfacing Compound" for electric radiant home heating systems was composed primarily of silica flour and mica. Asbestos used was chrysotile. The amount of chrysotile was 10%. f . "Radiant Beat surfacing Compound" for electric radiant home heating systems with asbestos as an ingredient, was discontinued in 1970. The reason for the discontinuance is unknown. g* Asbestos was not removed from this product prior to its discontinuance. h. "Radiant Heat Surfacing Compound" for electric radiant home heating systems was white to off-white in color. DEFENDANTS AMENDED RESPONSES AND ANSW ERS TO PLAINTIFFS* MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 26 i. "Radiant Haat Surfacing Coapound" for alaotrio radiant taoaa boating aystaas vas usad to oovar radiant boat cablas aabaddad in coiling surfaoas. j . Saa rasponsa to Intarrogatory 6 (f). "Radiant Boat Scrialass Surfacing Coapound" for Elactrio Radiant Homo Heating systems_______ ,_____________ __________ a-c. "Radiant Haat Scrialass Surfacing Coapound" for alaotrio radiant bone boating systens was nanufactured, marketed and sold by Kaiser Oypsua. d. Defendant Kaiser Oypsua objects to this intarrogatory on tba grounds that it is vague and ambiguous as to tba meaning of tba phrase, "placed on tba market." Without waiving this objections This product, with asbestos as an ingredient, was "placed on the market" beginning in 1970. This product was never sold to customers in Texas. e. "Radiant Heat Scrimless Surfacing Compound" for electric radiant borne beating systems was composed primarily of sand, silica flour and mica. Asbestos used was chrysotile. The amount of chrysotile was 5%. f . "Radiant Heat Scrimless Surfacing Compound" for electric radiant home heating systems with asbestos as an ingredient, was discontinued in 1974. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. b. "Radiant Heat Scrimless Surfacing Compound" for electric radiant borne beating systems was greenish in color. i. "Radiant Heat Scrialess Surfacing Compound" for electric radiant borne beating systems was used to cover radiant beat cables embedded in ceiling surfaces. j. See response to Interrogatory 6(f). "Radiant Beat Joint Compound" for Electric Radiant Borne Heating,,.Systems ______ ___________ _____._____________ ___ ____ a-c. "Radiant Heat Joint Compound" for eleotrio radiant borne heating systems was manufacturad, marketed and sold by Kaiser Gypsua. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 27 d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." Without waiving this objections This product, with asbestos as an ingredient, was "placed on the market" beginning in 1971. This product was never sold to customers in Texas. e. "Radiant Heat Joint Compound" for electric radiant home heating systems was composed primarily of finely ground materials including casein, clay, mica and limestone. Asbestos used was ehrysotile. The amount of ohrysotile ranged from 5-10%, depending upon the date selected and formula in effect at a given manufacturing plant at that time. f "Radiant Heat Joint Compound" for electric radiant home heating systems with asbestos as an ingredient, was discontinued in 1973. The reason for the discontinuance is unknown. g. Asbestos was not removed from this product prior to its discontinuance. h. "Radiant Heat Joint Compound" for electric radiant home heating systems was greenish in color. i. "Radiant Heat Joint Compound" for electric radiant home heating systems was used to fill joints and embed tape in radiant heat gypsum wallboard ceiling surfaces. j . See response to Interrogatory 5 (f) l-ferior. Premix Prefill compound" for Exterior wallboard a-c. "X-Terior Premix Prefill Compound" for exterior wallboard was manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." without waiving this objections This product, with asbestos as an ingredient, was "placed on the market" beginning in 1975. This product was never sold to customers in Texas. e. "X-Terior Premix Prefill Compound" for exterior wallboard was composed primarily of raw gypsum, FVA emulsion and mica. Asbestos used was ehrysotile. The amount of ehrysotile was 1.5%. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 28 t "X-Terior Premix Prefill compound" for exterior vallboard with asbestos as an ingredient, was discontinuad in 1975. Tha raason for tha discontinuanca is unknown. g. Asbastos vas not ramovad from this product prior to its discontinanos. h. "X-Terior Pramix Prafill Compound" for axtarior wallboard was whita to off vhita in color. i "x-Tarior Pramix Prafill Compound" for axtarior wallboard was usad to prafill joints in gypsum vallboard installed on building axtariors. j . Saa response to Interrogatory 6 (f). SrTaripr Premix Wall Texture Compound" for Exterior Wallboard a-o. "X-Terior Pramix Wall Texture Compound" for axtarior vallboard vas manufactured, marketed and sold by Kaiser Gypsum. d. Defendant Kaiser Gypsum objects to this interrogatory on tha grounds that it is vague and ambiguous as to tha meaning of tha phrase, "placed on tha market." Without vaiving this objection: This product, vith asbastos as an ingredient, vas "placed on tha market" beginning in 1975. This product vas never sold to customers in Texas. a. "X-Terior Pramix Wall Texture Compound" for axtarior vallboard vas composed primarily of limestone, acrylio emulsion and mica. Asbestos used vas chrysotile. The amount of chrysotile vas 1.5%. f "X-Terior Premix Wall Texture Compound" for axtarior vallboard vith asbestos as an ingredient, vas discontinued in 1975. Tha reason for the discontinuance is unknown. g. Asbestos vas not removed from this product prior to its discontinuanca. h. "X-Terior Pramix Wall Texture Compound" for axtarior vallboard vas vhita to off vhita in color. i. X-Terior Pramix Wall Texture Compound" for axtarior vallboard vas used to provide surface texture to gypsum vallboard installed on building exteriors. j . See response to Interrogatory 6 (f). DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 29 "Kaiser Mineral Fibraboard DD Fire-Rated (Underwriters* LafegEfttories, Inc. design) IRYt IH Board/clljnq Tlla a-o. "Xaiser Minaral Fibraboard UL Fira-Ratad (Undarvritara* Laboratories, Inc. design)" lay-in board/oailing tila vas manufactured, marketed and sold by Kaiser Gypsum. d * Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase, "placed on the market." without waiving this objection* This product, with asbestos as an ingredient, was "placed on the market" beginning in 1963. This product vas never sold to customers in Texas. a. "Kaiser Mineral Fibraboard UL Fire-Rated (Underwriters* Laboratories, Inc. design)" lay-in board/ceiling tile was composed primarily of mineral wool and various wood fibers, clays and starch. Asbestos used vas chrysotile. The amount of chrysotile ranged from 1.5-3.5%, depending upon the date selected and formula in effeot at that time. f. "Kaiser Mineral Fibraboard UL Fire-Rated (Undervriters* Laboratories, Inc. design)" lay-in board/ceiling tile with asbestos as an ingredient, was discontinued in 1974. The reason for the discontinuance is unknown. g Asbestos was not removed from ths product prior to its discontinuance. h. "Kaiser Mineral Fibraboard UL Fire-Rated (Underwriters* Laboratories, Inc. design) lay-in board/ceiling tile was white in color. i "Kaiser Mineral Fibreboard UL Fire-Rated (Underwriters* Laboratories, Inc. design) lay-in board/ceiling tile was used for acoustical ceiling tile and lay-in board. j. See response to Interrogatory 6 (f). INTERROGATORY NO. 7 : Do any documents, including but not limited to written memoranda, specifications, recommendations, blueprints, or other written materials of any kind or character, relating to the design, preparation, or introduction into the market of the products listed m Interrogatory No. 6 still exist? If so, state: a. A description of each such document. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 30 b. The name, address, and job title of each person who currently has possession of each document, and where the documents are currently located. ANSWER: 8ubject to Defendant's special appearance motion and preliminary and general objections and without waiving same: I- PRODUCTS SOLD TP ONE OR MORE KAISER 0YP8UM CUSTOMERS XH TEXAS wallboard "Laminating Compound"i Yes a. June 7, I960 Test Method Bulletin. July 7, 1960 Technical Bulletin. July 24, 1961 Technical Bulletin. September, 1967 Technical Bulletin. b. See answer to Interrogatory No. 1. Wallboard "Joint Compound": Yes a. February 13, 1961 Inter-Office Memorandum. May 10 1961 Inter-Office Memorandum. September 1967 Technical Bulletin. March, 1972 Technical Bulletin. May l, 1973 Packaging Material Bulletin. b. See answer to Interrogatory No. 1. II- PRODUCTS NEVER SOLD BY KAISER GYPSUM TO CUSTOMERS IN TEXAS "Cover-Tea" decorative texture paint i No responsive documents are known to Kaiser Gypsum. a. Not applicable. b. Not applicable. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 31 epr.yr-T+*M g + g g m i Y ft.tastmrf paint* Ho responsive documents areknown to Kaiser Gypsum a. Hot applicable. b. Hot applioabla. V.gPP^Y gyfg-T!" decorative texture Paint t Ho responsive documents ara known to Kaiser Gypsum. a. Hot applioabla. b. Hot applicable. M.g.ffir-TaxM__ dacorativa texture paint: documents are known to Kaiser Gypsum. a. Hot applicable. b. Hot applicable. No rasponsiva CPver-Tex l a u Texture dacorativa tenture paint Tas a. September, 1967 Technical Bulletin. b. See answer to Interrogatory Mo. 1. g-Sprav Celling Texture decorative ceiling paint Yes * May 10, 1961 Inter-office Memorandum. September, 1967 Technical Bulletin. May l, 1973 Packaging Material Bulletin. October, 1973 Technical Bulletin. October 14, 1974 Packaging Material Bulletin, b. See answer to Interrogatory Ho. 1. !!fiP.iahlng-.,_QgmpouB.d"Powder8.for gypsum wallboard: Yes a. March, 1972 Technical Bulletin. ' May 1, 1973 Packaging Material Bulletin. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 32 b 8** answer to Interrogatory No. 1 !!.QB1,,P*V Joint CPBPPUQd-Powder" for crvpsua vail boards y m a. March, 1972 Technical Bulletin. May l, 1973 Packaging Material Bulletin. b. See answer to Interrogatory No. l. !!lniurPOSe Compound-Powderi for gypsum vailboard: Yes a. August 25, 1966 Container Bulletin. March, 1972 Technical Bulletin. May 1, 1973 Packaging Material Bulletin. b. See answer to Interrogatory No. 1. "Premia Joint compound" for gypsum wallboardi Yes a. 1958 Report - "Pre-Miaed Joint Cement Study". February 20, 1959 Inter-Office Memorandum. April 28, 1960 Inter-Office Memorandum. May 26, i960 Inter-Office Memorandum. August 1, 1962 Container Bulletin b. See answer to Interrogatory No. l. !^M - i Finishing Compound" for gypsum wallboardi Yes August 1, 1962 Container Bulletin b. See answer to Interrogatory No. l. ipual Purpose,Premia Compound" for ervpaum wallboardi Yes a. May 10, 1961 Inter-Office Memorandum. August 1, 1962 Container Bulletin. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 33 January 10, I960 Containar Bulletin, September 29, 19(9 Containar Bulletin. March ll, 1970 Packaging Material Bulletin. March, 1972 Technical Bulletin. May l, 1973 Packaging Material Bulletin. March 18, 1974 Packaging Material Bulletin, b. See answer to Interrogatory No. l. lEr.emig Topping Compound" for gypsum wallboardt Yes a. March, 1972 Technical Bulletin. May 1, 1973 Container Bulletin. March 18, 1974 Container Bulletin. b. See answer to Interrogatory No. l. "Filler Compound19 for electric radiant hone heating systemst Yes a. April, 1988 Technical Bulletin b. See answer to Interrogatory No. l. "Radiant Paat Compound" for electric radiant home heating systems" i Yes April, 1968 Technical Bulletin . January 23, 1970 Packaging Material Bulletin. August 23, 1972 Packaging Material Bulletin. May 1, 1973 Packaging Material Bulletin, b. See answer to Interrogatory No. l. DEFENDANTS AMENDED RESPONSES AND ANSW ERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 34 homm Radiant tteat Surfacing Compound for tlTOtrio radiant heating m t e M i Yes ...... ""T September, 1959 Technical Bulletin. June, 1970 Technical Bulletin. August, 1970 Technical Bulletin b. See answer to Interrogatory Mo. l. Radlant .Beat florlmles Surfacing Compound for electric radiant home heating systemss Mo responsive documents are known to Kaiser Gypsum. a. Not applicable. b. Mot applicable. "Radiant.Heat Joint Compound' for electric radiant home heating systemst Yes a. April 8, 1971 Directions. February 22, 1972 Installation Instructions. b. See answer to Interrogatory Mo. l. lr^erior JEgjqajs Prefill Compound' for exterior wallboards Yes May 12, 1975 Container Bulletin, b. See answer to Interrogatory Mo. 1. airjflior frwttls-- I.__ Texture Compound' for exterior Mallboard Mo responsive documents are known to Kaiser Gypsum. a. Not applicable. b. Not applicable. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 35 -- M l n t q l -- glbrefrgard-- Pfc rirt-Rittd__ (Underwriter fcftfeffiEftisxiffg la design)" Lav-In Board/ceiilne Tiiai m a. September, 196 Technical Bullatin (225-B) September, 1969 Tachnical Bulletin (226-D) b. Baa answer to Interrogatory No. l. INTERROGATORY NO. 8 : Before distributing, selling, or placing the products listed in your responses to Interrogatory Nos. 3-6 into the streams of commerce, were any tests conducted to determine potential health hazards involved in the use of, or exposure to, the materials such as asbestos, contained in those products? If the answer is affirmative, state: a. The names of the products tested and the date of each test. b. The name, address, and job title of each person conducting the tests or involved with conducting the tests. c. The results of the tests. M5HEB! Kaiser Gypsum specifically objects to this interrogatory because it is vague and ambiguous as to what is meant by "potential health hazards". Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: No INTERROGATORY NO. 9 : Do any documents, including but not limited to written memoranda, specifications, recommendations, blueprints, or other written materials of any kind or character, relating to the testing of the products referred to in Interrogatory No. 6 now exist? If so, state: a. A description of each such document. b. The name, address, and job title of each person who currently has possession of each document, and where it is presenting located. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving sautes See answer to interrogatory No. 8. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 36 INTERROGATORY fix-JLA* Did Defendant or any of its predecessor or subsidiary companies make any design changes or modifications as a result of those tests described in responses to Interrogatory No. 8? If the answer is affirmative, state: a. The trade names of the products changed. fe. The nature of the changes made and the date of such changes or modifications. c. The name, address, and job title of each person responsibility for having caused a change to be made, or having made a change or modification. a n s w e r : Subject to Defendant's special appearance motion and preliminary and general objections and without waiving samei Not Applicable. INTERROGATORY NO..Ill After releasing the products listed in Interrogatory No. 6 to the public, were any tests conducted on them to determine potential health hazards resulting from the use of or exposure to the materials, such as asbestos, contained in those products. If the answer is affirmative, state: a. The names of the products tested and the dates of such tests. b. The name, address, and job title of each person who conducted those tests. c. The results of those tests. d. Whether, as a result of the tests, any products were removed from the market. The names of all products removed from the market as a result of these tests. . AN3WER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: No. INTERROGATORY Do any documents, including written memoranda, specifications, recommendations, blueprints, or other written materials of any kind or character, relating to the potential health hazards of the products listed in Interrogatory No. 6 now exist? If so, state. DEFENDANTS AMENDED RESPONSES AND ANSW ERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 37 a. The name of each product. b. A description of each document and how it relates to each product. c. The name, address, and job title of each person who currently has possession of each document, and where it is presently located. ANSWER; Kaiser Gypsum specifically objects to this interrogatory because it is vague and ambiguous as to what is meant by "potential health hazards". Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same; I. RESPONSE AS TO PRODUCTS WHEN SQ1.D TO TEXAS,,,.CPMg|gRg a. Wallboard "Laminating Compound"; This product was sold to Texas customers on a limited basis between 5/61 and 3/71 (see response to Interrogatory No. 6(d)). Kaiser Gypsum is aware of no document created prior to or within that timeframe that demonstrates or asserts any asbestosrelated hazard or potential hazard was presented by Kaiser Gypsum Laminating Compound to persons using that product. b. Not applicable. o. Not applicable. a. Wallboard "Joint compound!!; Kaiser Gypsum records indicate that there were six sales of this product to Texas customers between 1/16 and 2/69 (see response to Interrogatory No. 6(d)). Kaiser Gypsum is aware of no document created prior to or within that timeframe that demonstrates or asserts any asbestos-related hazard or potential hazard was presented by Kaiser Gypsum Joint Compound to persons using that product b. Not applicable. c. Not applicable.' II. RESPONSE AS TO OTHER PRODUCTS AND DURING TIME AFTER SALES TO TEXAS CUSTOMERS. .......... -- --- --------- --- --- -- -- a-b. Wallboard "Laminating Compound11 .. WUfra&l4 Compound." and, products never sold to Texas cuetfiSRCN Kaiser Gypsum is aware of no documents that demonstrate DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 38 or assort any asbostos-rolatod hazard or potoatial hasard was presented by any Kaisar Gypsum produot to parsons using tba product. Hovavar/ Kaisar Gypsua is awara tbat thara ara nuaarous publicly availabla doeuaants regarding potantial haalth hasards of "asbestos" and, aftar tba foraation of tba U.S. Environaantal Protaction Agency and tba U.S. Occupational Safaty and Haaltb Administration in 1970, nuaarous regulatory proposals, advocacy piaoas, press reports and regulations adopted by these and counterpart state and local governmental bodies related to environaantal and workplace safaty concerns about categories of asbestos-containing products, soma of wbicb categories include both wallboard joint compounds and other Kaisar Gypsum products. For example, such publicly availabla documents include those associated with tba promulgation by tba U.S. Occupational Safety and Health Administration of asbestos-related cautionary label requirements in 1972 (sea response to Interrogatory No. 14). Documents of these types tbat may not be generally in the public domain tbat are known to Kaiser Gypsum includes 1. October 27, 1971 Minutes of the Board of Directors Meeting of the Gypsum Association. 2. November 4, 1972 memo from R.C. Crowle to H.C. Dupuis. 3. December 27, 1971 letters to Carey-Canadian Mines, Union Carbide, Western Chemical and Pacific Asbestos, from Kaiser Gypsum and letter responses from those firms. o. See answer to Interrogatory No. 1. INTERRCH3ATQRI_,|f.Q^.JJU Did Defendant or any of its subsidiary companies make any design changes as a result of the tests discussed in your response to Interrogatories No. 10 or 13? If the answer is affirmative, states a. The names of the products changed or modified. b. The name, address, and job title of each person responsible for having made a change or modification. c. The nature of the hazard or defect which resulted in such change or modification. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 39 a n s w e r : Kaiser Gypsum specifically objeats to this Interrogatory on tha grounds that it is vagus, ambiguous, and/or inaoeurats as to which Intsrrogatoriss are being referred to. Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: No INTERROGATQM_M_Q^ J A i Has Defendant or any of its predecessor or subsidiary companies at any time published or distributed any printed material, including brochures, pamphlets, catalogs, packaging or other written material or [sic] any kind or character containing any warnings concerning the possibility of injury resulting from the use of the asbestos-containing products listed in Interrogatory No. 6? If so, state: a. The names of each relevant product. b. The exact wording of each warning statement on each printed material. c. A description of the printed material other than the warning statement. d. The method used to distribute the warning to persons likely to use the product. e. The date each warning was first issued, distributed, or placed on packaging. f . The name, address, and job title of each person responsible for having drafted or issued the warning. g. The current location of any such printed material and the custodian thereof. h. The form in which such literature or printed material can be accessed, i.e.. the manner in which such literature is indexed or stored. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: a-e. Beginning in 1972 Kaiser Gypsum, in response to federal and state OSHA regulations, placed the following warning on all containers of asbestos-containing products: DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 40 "CAUTION CONTAINS ASBESTOS FIBERS Avoid Creating Dust Breathing Asbestos Dust Nay Bodily Barn." Cause Serious f . Occupational Safety and Health Administration, g-h. See answer to Interrogatory No. 1. INTERROGATORY HO. 15: Before 1970, had you received notice that any individual or individuals, other than those Plaintiffs who have filed personal injury actions in Dallas County, Texas, is or are claiming or has or have claimed an injury as a result of using asbestos products manufactured and/or sold by your company or any of its predecessors or subsidiaries before 1970? If so, state: a. The name and address of each claimant. b. The date of notice of each claim. c. A description of the claim. d. The type of injuries allegedly sustained. e. The name and address of each attorney who represents each individual making a claim. f . The style and court number of each claim. g. The disposition of each claim that has been settled or taken to judgment. a n s w e r : Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: No. INTERROGATORY NO. 16: Were your asbestos products distributed, marketed, packaged, labeled and/or sold by companies other than your own? If the answer is affirmative, list the names and addresses of each of those companies, and the products in guestion. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Kaiser Gypsum sold wallboard "Laminating Compound" and wallboard "Joint Compound" to customers located in Texas, who resold those products to others. See Exhibit B (list of wallboard "Laminating Compound" and wallboard "Joint Compound" sales made by Kaiser Gypsum to customers in Texas) DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 41 As to all otbsr asbestos-containing products manufactured by Kaiser Gypsum, none of thosa products vara avar sold to Kaisar Gypsum customers in Texas. Kaisar Gypsum has no information indicating that any other company sold Kaisar Gypsum produots listed in response to Interrogatory Mo. 6 to anyone in Texas. INTERROGATORY.NO. 17: Did you or any of your predecessors, successors, or subsidiaries have any distributors or sales reprsenttives of asbestos products in the States of Alabama, Florida, Mississippi, Oregon, Washington, Georgia, Tennessee, Texas and Virginia? If so, state: a. The name and address of each such distributor or sales representatives. b. The years in which such company or person distributed, marketed, or sold your products. c. What products were distributed, marketed, or sold and in what years. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: See answer to Interrogatory Mo. 16 regarding Texas sales. In addition, the following employees of Kaiser Gypsum had sales responsibilities in Texas: G. v. Mostyn - address unknown. R.G. Burns - address unknown. M.B. Drew - address unknown. H.R. Hunter - address unknown. C.V. Elliot - address unknown T.W. Ratcliffs - address unknown V.T. Smith - address unknown L. Vrayford - address unknown b. Unknown. c. See answer to Interrogatory Mo. 6. Kaiser Gypsum employees with sales responsibilities in Texas were primarily engaged in selling produots that never contained asbestos. INTERROGATORY NO. 18: List each employee (including only physicians and/or hygienists) who has acted in a medical advisory capacity to your company at any time during the past 40 years, including, but not limited to, physicians and industrial hygienists, and the current DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS9 MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 42 I , address, telephone number and job title of each individuals and who has, had or may have had any regarding the hazards of asbestos. of those knowledge ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Kaiser Gypsum had no such employee. INTERROGATORY NO. 19: Does Defendant have in its possession any books, pamphlets, memoranda, or written materials of any kind or character that would indicate that asbestos fibers, when inhaled, can be hazardous to the health of human beings? If so, state: a. The name of each such publication. b. The date of publication and the names of the author and publisher (if any). c. The date received by Defendant, if known. d. The name, job title, and address of each person who currently has possession of each publication and its present location. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: a. (1) Copy of reprint of newspaper article. (2) Copy of newspaper article. (3) Minutes of Safety Committee Meeting of the Gypsum Association. (4) Copy of reprint of newspaper article. (5) Memorandum. (6) Article b. (1) Unknown, Alton Blakeslee (2) Unknown, Associated Press (3) 9/20/6, F.J. Rogers (4) 11/7/68, Ronald Kessler (5) 11/4/71, R.C. Crowle (6) 1967, V.C. Cooper (1) Unknown (2) Unknown (3) Unknown (4) Unknown (5) 11/4/71 (6) Unknown DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 43 d. (All) - 8 answer to interrogatory Ho. 1 Boo, also, rasponss to Intarrogatory Ho. 12. INTERROGATORY NO. 20i Has Defendant or any of its subsidiary or predecessor companies at any time been a member of any trade organization or association that published or disseminated any documents or information relating to the hazards of asbestos comprised of other manufacturers, miners, marketers, and/or sellers of asbestos products? If so, state: a. The name and address of each such association or organization. b. The dates during which Defendant or any of its subsidiaries or predecessors were members. c. The names and dates of any publications, minutes, or reports published, written, or disseminated by any of the named associations or organizations. d. Whether any of those publications are still in your possession, and if so: 1. A description of the publications, including the date. 2. The current location of such publications. 3. The custodian of such publications. 4. The method or manner in which such publications are maintained. ANSWER: Subject to Defendant*s special appearance motion and preliminary and general objections and without waiving same: a. The Gypsum Association, Chicago, Illinois, was a trade association made up of corporations that manufactured gypsum products. b. Approximately 1955-78 o. Kaiser Gypsum specifically objects to this interrogatory on the grounds that it is unduly burdensome and oppressive because the Gypsum Association published and/or otherwise disseminated a substantial volume of material in the form of minutes, publications, etc. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS8 MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 44 d. Kaiser Gypsum spsoifioally objects to this interrogatory on the grounds that it is unduly burdensome and oppressive because the Gypsua Association published and/or otherwise disseminated a substantial volume of material in the fora of minutes, publications, eto. Without waiving same, Kaiser Gypsua does have some documents froa the Gypsua Association. See response to Interrogatory No. l for the custodian of such documents. Kaiser Gypsua has agreed, pursuant to Exhibit C, to produce copies of Gypsua Association meetings where Kaiser Gypsua was present and has possession of. INTERROGATORY NO. 21: Identify by name and location each plant or manufacturing facility in which the products listed in your answers to Interrogatory Nos. 3-6 were manufactured, assembled, or prepared for sale or marketing, specifying which plants produced each item, the dates each plant is or was in operation, and the time span during which each named item was produced or manufactured. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: 1 BSQDUCTS SOLD TO ONE OR MORE KAISER GYPSUM CUSTOMERS IN TBXA8 Wallboard "Laminating Compound" sold to Texas customers was manufactured at Kaiser Gypsum plants in Antioch, California and Santa Ana, California. Wallboard "Joint Compound" sold to Texas customers was manufactured at Kaiser Gypsum's plant in Antioch, California. Versions of this product not sold to Texas customers were manufactured at Kaiser Gypsum's plants in Redwood City, California (1952-57), Seattle, Washington (1969-75), Jacksonville, Florida (1969-70) and Delanco, New Jersey (1968 74). II B1PPUCT8 NEVER SOLD BY KAISER GYPSUM TO CUSTOMERS IN TEXAS "Cover-Tex" decorative texture paint, which was never sold in Texas, was manufactured at Kaiser Gypsum plants in Redwood City (1952-57) and Antioch (1957-67), California. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 45 gprav-Tex decorative texture paint, which was navar sold ia Texas, was manufactured at Kaisar Gypsum plants in Radvood city (1956-57) and Antioch (1957-67), California. Spray Cover-Tex dacorativa texture paint, which was navar sold in Texas, was manufactured at Kaisar Gypsum plants in Redwood City (1956-57) and Antioch (1957-67), California. Kasiar-Tax' dacorativa texture paint, which was navar sold in Texas, was manufactured at Kaisar Gypsum plants in Redwood City (1952-57) and Antioch (1957-67), California. Cover-Tax Wall Texture dacorativa texture paint, which was navar sold in Texas, was manufactured at Kaisar Gypsum plants in Antioch (1968-75) and Santa Ana (1968-75), California; Jacksonville, Florida (1969-75); and Delanco, New Jersey (1973-75). K-Sprav Ceiling Texture dacorativa ceiling paint, which was navar sold in Texas, was manufactured at Kaisar Gypsum plants in Antioch (1961-74) and Santa Ana (1968-75), California; Seattle, Washington (1969-75), Jacksonville, Florida (1969 75); and Delanco, New Jersey (1973-75). Finishing Compound-Powder' for gypsum wallboard. which was navar sold in Texas, was manufactured at Kaiser Gypsum plants A; : . in Redwood City (1955-57) and Antioch (1957-75), California; Seattle, Washington (1969-75); Jacksonville, Florida (1969 70); and Delanco, Mew Jersey (1968-74). One Day Joint Compound-Powder for gypsum wallboard. which was never sold in Texas, was manufactured at Kaiser Gypsum plants in Antioch (1968-74) and Santa Ana (1971-75), California; Seattle, Washington (1970-75); Jacksonville, Florida (1971-72); and Delanco, New Jersey (1969-75). 8t3-Purpose Compound-Powder1 for gypsum wallboard. which was never sold in Texas, was manufactured at Kaiser Gypsum plants in Antioch, California (1968-76); Seattle, Washington (1969 75); Jacksonville, Florida (1971-72); and Delanco, Mew Jersey (1968-74). . Premix Joint Compound' for gypsum wallboard. which was never sold in Texas, was manufactured at Kaiser Gypsum's plant in Long Beach, California (1959-62). Premix Finishing Compound" for gypsum wallboard. which was never sold in Texas, was manufactured at Kaiser Gypsum's plant in Long Beach, California (1959-62). DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 46 I P.M*1 P T O 9 g f F M l l * Compound for crypsum waiiboarfl. which was never sold in Taxas, was nanufacturad at Kaiser Gypsum plants in Long Baach (1960-62), Antioch (1963-75) and Santa V 1* (1968-75), California; Seattle, Washington (1969-75); U968-75)111*' Fl0rlda <1969"75>' Dalanco, New Jersey "Premia Topping Compound" for gypsum vallboerd. which was never sold in Texas, vas manufactured at Kaiser Gypsum plants in Antioch (1968-76) and Santa Ana (1970-75), California; Seattle, Washington (1971-75); Jacksonville, Florida (1971 75); and Delanoo, Wav Jersey (1972-75). I'l l U + T Compound" for electric radiant home heating system, which was never sold in Texas, vas manufactured at Kaiser Gypsum plants in Antioch (1961-70) and Santa Ana (1971-72), California. !!Radiant Heat Compound for electric radiant home heating systems, which vas never sold in Texas, was manufactured at Kaiser Gypsum's plant in Santa Ana, California (1968-74). ,,padiant Heat purfacing:.Compound for electric radiant home heatjng__systems, which vas never sold in Texas, vas manufactured at Kaiser Gypsum's plant in Seattle, Washington (1969-70). !!Bldjhnt B ^ t gcrimless Surfacing Compound" for electric radiant home heating systems, which was never sold in Texas, was manufactured at Kaiser Gypsum plants in Seattle, Washington (1970-74); and Santa Ana, California (1972). R a d i a n t Het Joint Compound" for electric radiant horns M a t i n g -- sxsifiia# which was never sold in Texas, vas manufactured at Kaiser Gypsum plants in Seattle, Washington (1971-73); and Antioch, California (1972). ia-Terlog Premix Prefill Compound", which was never sold in Texas, vas manufactured at Kaiser Gypsum's plant in Antioch, California (1975). Srffyipr-- Epemis Wall-- Texture__ compound" for exterior KfiUBSftCMf which was never sold in Texas, vas manufactured at Kaiser Gypsum's plant in Antioch, California (1975). Mineral Fibreboard PL Fire-Rated (Underwriters' Laboyatorleff, jpg, design) lav-ln board/ceilino tile, which was never sold in Texas, vas manufactured at Kaiser Gypsum's plant in St. Helens, Oregon (1963-74). DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS* MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 47 IMXERRQATPRy nave printed sales materials been . any of its subsidiary or pr?pared bY Defendant or IfrsofestatejariCet^n9 r adV9rtis1^ products ^ontaining^sbe.toa? a. mi name, address, and job title of each person or entitv who prepared such materials. H or entlty b. dress, and job title of each person who present ioca" on?SSeSSin f SUh "aterials "> their c. The date the materials were prepared. d. The media used to disseminate the sales materials. ANSWER; -- 7-- uuaui,8 sopp9e.cciiaall.apPpPeeaerraennccee mmoottiiooxn and preliminary and general objections and without waiving same: * Kaiser Gypsum Company, ine. b. See answer to Interrogatory No. l o. Various dates. d. nhamnda2eddorrama)iile5d1toincfuosTMto*mteiros.' materiel was either IlffiggROGATORY NO. 23; a' na"e ' dress, and job title of each person who ?heir p?eparti"oan r instruotions or assisted in b ' SrrentTv hlf." 8" and ]ob title of <* person who S S t TM c t L n . h L Ps.session ot oh materials or instructions and their present location. C * I5chdai * L 0 distribuition or se and the manner in which n2**ateriaS or instructions were distributed to 5iihe?S?erf f D*fendant 's products or those of its subsidiaries or predecessors. AMENDED RESPONSES a n d answers t o plaintiffs master set of interrogatories a n d request for producer PAGE 4S The year each such written material or instruction was prepared and disclosed to potential consumers. MSHEBj Subject to Defendant's special appearance motion preliminary and general objections and without waiving same a Unknowns b. See answer to Interrogatory No. l o. Various dates, d. Various. INTERROGATORY NO. 24; Des Defendant have insurance policies that might cover the claims made by Plaintiffs in these cases? If so, list the name of each insurance carrier, the amount of initial coverage, amount of coverage remaining at the present time, and the effective dates of each policy. (If properly answered, this Interrogatory need not be supplemented as to the remaining amount of coverage.) ANSWER Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Please refer to Attachment c. INTERROGATORY NO. 25. As to the disease asbestosis, state: a. The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. b. How Defendant became aware of the existence of the disease. c. Who within the company first discovered, recognized or understood the adverse consequences or effects of the disease and/or of asbestos exposure. d. What information was disseminated within Defendant's company or its subsidiary of predecessor regarding such adverse consequences or effects. e. Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form. f. Who is the custodian of such information. / DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTFPS" MASTER SET OF INTERROGATORJES AND REQUEST FOR PRODUCTION PAGE 49 Th date on which you first received knowledge or asbestos fiber4 asbestosis was caused by inhalation of S2S tSS!or^l;5*iw!Fi'!"/paelil0,lly obJeeta to this interrogatory kw 95 0und tliat it is vague and ambiguous as to what is meant by the tern caused. subject to this objection, df.SdSS??i special appearance notion end the orelininarv ana nan . objections and without waiving sane, P ^ " a 9nral ag. Unknown aftsr reasonabls inquiry. INTERROGATORY NO. 26s As to the disease lung cancer, state: a. The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. b. How Defendant or its subsidiary or predecessor became aware of the disease and its relationship to asbestos exposure. c. Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure. d. What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. e. Whether any such information is still maintained by Defendants or its subsidiaries or predecessors in a written form. f. Who is the custodian of such information. g. The date on which you first received knowledge or Information that lung cancer was caused by inhalation of asbestos dust and fibers. 1 M S H E B : Kaiser Gypsum specifically objects to this interrogatory 9found that it is vague and ambiguous as to what is?meant t*r* caus*d<" subject to this objection, defendant's appearance motion and the preliminary and general objections and without waiving same: 9 A a-c. In 1965 Kaiser Gypsum became aware of newspaper accounts that some physicians suggested a link between exposure to asbestos fibers and lung cancer. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE SO d. Inter-Office Memorandum e. Yes f. See answer to Interrogatory No. i g. See answer to Interrogatory 26(a). INTERROGATORY NO. 27; As to state: pleural disease' Pieural thickening or pleural plaques, a. The date on which Defendant or its subsidiary or predecessor learned such disease was caused by inhalation of asbestos fibers by humans. b. How Defendant or its subsidiary or predecessor became aware of the disease and that it was caused by exposure to asbestos. 1 c. Who within the company or its subsidiary or predecessor first discvered or recognized the adverse consequences or effects of asbestos exposure. d. what information was disseminated within Defendants company or its subsidiary or predecessor regarding such adverse consequences or effects. e. Whether any such information is still maintained by Defendant or its subsidiary or predecessor in a written f. Who is the custodian of such information. M S H I B Kaiser Gypsum specifically objects to this on the grounds that it is vague and ambiguous as to what is meant by Pleural Disease. Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Unknown after reasonable inquiry. 9 INTERROGATORY NO. 28: As to the disease mesothelioma, state: a. The date on which Defendant or its subsidiary or predecessor first learned such disease was caused by inhalation of asbestos fibers by humans. DEFENDANTS AMENDED RESPONSES AND ANSW ERS TO PLAINTIFFS1 MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 51 b * The date on which Defendant f**-**. mesothelioma was caused by i n h a l a t ^ f Uspcted that and fibers. "y halation of asbestos dust c. How Defendant or its subsidiar-v j aware of the disease and that it va* p^edeesor became to asbestos. tnat xt was caused by exposure d. or effects of a s b ^ ^ ? adVSrSa COTSe^encas e. What information was disseminated within Defend*. adverse f * Whether any such information is still J _ ^ n d a n t s or its subsidiary or predecessor ^ ^ t f t t e i g. Who is the custodian of such information. h. curehforDraesothelioma?eS ^ there is ta"> edical S i iKaliv ^ r a Su" X V u o u s alas "to^wbVt W * ? V ba 9ud. "caused." Subiect to DafAn^nfi. to y*, is meant by the term preliminary and general objections . ^ "withoT'v.YvTn* "d ag. Unknown after reasonable inquiry. h ` ^ n ' o g ^ e V v T t l ^ t h ^ S^ t w r o g a t o ^ lliOrmat^0tt tb INTERROGATORY NO. 29; canceSo r l ^ h I t i o nc M c r ? 1statI?r ' laryn9eal cancar< Pharyngeal a ` Ttl sSlid0ia^an^ rpar^ectehsesodrat?irsnt Wi'i Ch ?*" " * humans?8 aUSe<i by ^halation of asbestos H & J * b ` predecesscuT^ecome ^awar ^can be " lta ^ d i a r y or asbestos fiber!? " n be cause'1 by exposure to c * The date on which Defendant first susneet^d were caused by asbestos inhalation. P d e t o Ahrrs a m e n d e d responses a n d a n s w e r s t o plaintiffs- master set o f interrogatories a nd request for production r oanoers page 52 d. Who within the company or its subsidiary or predecessor first discovered the adverse consequences or effects of asbestos exposure. e. What information was disseminated with Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. f. Whether any such information is still maintained by Defendant or its subsidiary or predecessor in a written form. g Who is the custodian of such information. ANSWER; Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: a-g. Unknown after reasonable inquiry. INTERROGATORY NO. 30: Does Defendant contend that asbestos products can be manufactured or designed so as to eliminate all potential health hazards to persons working with or exposed to them? if the answer is affirmative, explain in detail, and attach any studies or surveys on which this answer is based. MSWEjg: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Kaiser Gypsum does not have sufficient knowledge to respond to this interrogatory. INTERROGATORY NO. 31: Describe in detail the types of packages or packaging which Defendant or any of its subsidiary or predecessor companies used for asbestos material or products, listing the dates each type of package was used, a physical description of each type of package, and providing a description of any printed material or trademarks that appeared thereon. ANSWER* Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Ie PRODUCTS SOLD,TO ONB_OR MORE KAISER GYPSUM CUSTOMERS IN TEXAS lallhoard "Laminating compound" was packaged and sold in sacks of 25 lbs. DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE S3 g | i b o . r t .T o ln t r o mp nIU!^ V a s p a c k a g e d a a a , 01 4 i n , , e k , C f I I - B80WgTg WVER 891P BY KAISER gPgPH TO ensTnwFRB m m > p"1pt B M P<*9ea and sold in ss r ; ^ f i r f f i s . * * * * 1TM p",pt wis i rM "^ ~ nd X xT r z i S ^ i 3 T5 " M ,S l ^ . t."tl!"r* r'"inl' was p** : \ `m ; , \ ? ; ; ; r r* -- fcbprttY ceiling Tart^,.. ____ - packaged and sold in sacks of 32 or 50 lbs. s o m -*** vas ^ nso?dninC aacXsDofP2sd!b's/ 01r qTP3U" Wa11hf1,,^,, *** P *.d ^ B?5P! L J.9int g^Psa-PowdoiH. was packaged and sold in sacks n ^ d 3nCtctsnoP 2fib'sfC'r qYP3Ug "S^hosrd was packaged sold"! Jmetal C^ ? ? r ^ (f T 9TPsgn w11hgar<| was packag.d and gallons. P of 4 or 5 gallons and in cartons of s g ^ `^ l3 ^ . ^ 7 M 1a riU " i s a r a S i j s r a n i? s a n s j a j r a " g ? : gallons and in cartons of 4 or 5 allons. Buclcet* f 4 or 5 in carion. o ? 4 g.lionsP y p;u" Sllhoarj was packaged bU<* 9ts f 4 r 5 9`110* a m e n d e d r e s p o n s e s a n d a n s w e r s t o pla in t iffs m a s t e r s e t o f in t e r r o g a t o r ie s a n d r e q u e s t f o r PRODUCTK PAGE 54 !!flller Compound for r,ni,Wf was packaged and sold in sacks of 25 lbs. was packaged^ala^^ld1T n hm ...Radiant-- Heat-- Surfacing conoound'i w>a ..v.._* , . . . sacks of 25 lbs. ---- ^ - waa packaged and sold in ^ a? w b ! ' el>t fl^ d % o " ? b 3 ? mP9Un<l" *" " Compound*; was packaged and sold in sacks U - T e r l o p Premix Prefi 11 Compound" for evt.rior w,,,ho.ra HV.r ` r ^ i s r and plastio ^ ^ ffgisef Mineral-- Fibreboard PL Fire-Rated m ^ n , r n __ _ Laboratories Inc, design) iY- ^ Ka.nrflV n dj '^.r.lter3 packaged and`ad d in boxes'of v.r.ous^ntltlll?^ H ' W M i n t e r r o g a t o r y NO. 32 si I l S S M agreement : M f S S E ST:ate' as to each such a. products* f thS C"pany manufacturing the asbestos b. The trade name affixed to those products. c. The periods of time covered by each such agreement. d. The volume, in dollar amount, of each transaction. e. The initial purchaser of the products. g 5 K u ,, " 2 r ^ :,, ~ S 2 S i n a i r a s , -z z r ? ^ S ! DAN TS AMENDED RESPONSES a n d a n sw e r s t o p l a in t if f s* m a s t e r s e t o f in t e r r o g a t o r ie s a n d r e q u e s t f o r PRODUCDOI PAGE 55 XKTERROGATORY NO. i n Lis't the name and address of each comnanv f. uw i_v, n * . or its subsidiary or predecessor purchased L t e r i a l ? ? r .h?"* products which Defendant sold or distributed i n l n v fora ? * S the form of the materials, the dates of such purchase?' ultimate disposal of such materials. P cnases/ and the AMSHEBs Subject to Defendant1s soeciai snd ?anarai - i e - i o L ^ ,, "? IMTERROGATORY NO. 34 i Does Defendant or any of its subsidiaries or predecessor currently have possession of any writings or contrari 2 ff5ra?fin agreements set forth ? t h e i r s w e r t o l ^ t e r ^ a t o r y ^ o 6 32? If the answer is affirmative, state: y ^ wo* a. The name, address, and job title of each person having location f eaCh f those dcuments and their current b. A brief description of each such document, including the dates and the parties signatory. 9 M E H E B ? Subject to Defendant's special appearance motion and applicable7 **** 9neral ob^ctions and without waiving same: Not INTERROGATORY NO. 35; Prior to 1968, did any person file a claim against a Worker's Compensation carrier covering Defendant or any of its subsidiaries or predecessors alleging that he/she contracted a disease from inhaling asbestos fibers? If so, provide: a* f J i w c}\ims' including each claimant's name, Ht th% date. ea.ch claim was filed, and including the caption and jurisdiction of the claim. 9 b. The disease alleged in each such claim. c. A brief summary of the disposition of each such claim. d * !!!%!' address and title of the person having custody of the records pertaining to each such claim. Y MSHSB pr.limin.ry g.n.r.l objection. T?iAeiw*iAt h S P E " " " >," a DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 56 IHIEBRQGATORY NO. 36; Did Defendant or any of its subsidiaries o>maintain written minutes of corporate meetings, either^boardSf S E i S ^ E S , " aSbeStS PrdUOts? If s0' io/each" such a. The dates of each such meeting. b. The general subject matter discussed at each meeting. c. Who was in attendance at each meeting. d. Where and by whom the written minutes are presently maintained. * y e. By whom the minutes were taken and put into final format. f. Whether the minutes were abstracted and reports disseminated to other individuals, and if so, the names and 30b titles of those individuals. -A-N-SWSuEbRj:ect to Defendant's special appearance motion and preliminary and general objections and without waiving same: No. INTERROGATORY NO. 37: Do you or any of your subsidiaries, including foreign business entities, currently manufacture any products containing asbestos? 11 so, state! a. As to each product, whether such product is mined manufactured, and/or marketed or sold. ' b. The names and addresses of the companies mining, manufacturing, marketing, and/or selling each of those products. c. The trade or brand name of each of those products mined manufactured, marketed, and/or sold. ' d. The date each of the named products was placed on the market. e. A description of the physical (chemical) composition of each of the named products, including the type of asbestos contained in the product. f. A description of the physical appearance of each product and its packaging. F DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 57 9 ' th e Earned ^ p ro d u cts!" ^ n f th e ln te n d a d <* each o , 5S 8 5 i r 2 r u i * 2 5 2 s :i ! . r ^ t * K i V s ^ ? r INTERROGATORY NO. 3fi subsidarLsW maintain^ fronr 194*0 thouah^h predecessors 2L?5 and/or a. The location of such documents. b. The name and address of the custodian of the documents. c. The format in which the documents are kept, i e hard copy, microfilm, microfiche, etc. ' In what form the documents can be accessed, i.e bv aacccworrddiinng to asbestos o'r annodn-lafsb*e*stPorso.duct, v h e t h ^ k e p t ANSWER; on^th aroSSdsthaFin 4SPeCifically ob3ects to this interrogatory 2 r s a r s L -s s A. Oakland, California Be Be answer to Interrogatory No. i C. Hard copy. D. By year of sale. INTERROGATORY JO, ?o . trial of^an^ofC thesecases? " a. representative^whcTinay^kie aUed" " * DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUESTER 5 2 S 3 S S n WitneSSeS at the f " ch * " * PAGE 58 b ` sulhTMltnesf.the teSti"ny eXpected to be 9iven by each ' have either* aiv.nIdnU*.*i*** that the naned witnesses xi: trial w a n . * tA ne or mor company representative(s) at re; c* , ,% si;r.t.UrT,?a',, 1333 H - `llfo ia Blvd., ia'lnit bout Kaiser Gyp su products a ^ " " to4*"" ^ S^ingSlet^on,v ansd sstenrzelx ca^ses.s j s r f i INTERROGATORY NO. 40. n S 5Eiifi/ =o^Ln" a^ U r S a S 'S processed distr'thnikd r business "ich manufactured, sold, cS' containing asbestos? li ^ f o r ^ c h Vuch e n t i ^ s t e!PrdUCtS a. Full and correct name; b. Principal place of business; c. State of incorporation; d * Date of acquisition by Defendant; 6 * to6t r L ? t -the bu.sinss entity was ever authorized to transact business m the State of Texas. ^ f i 5 B,rfU!Ct t0 ?efe?dant's special appearance motion and P liminary and general objections and without waiving same: No? .INTERROGATORy wo. 4 3 . reach?aSoreapackagedUto a I r h S Products generally expected to -i,!--.. ^ g to reach, the consumer or user, without with an9e in lhe condition in Which it was sold? if not ? JE5 ^ A N PS AMENDED RESPONSES a n d a n sw e r s t o p l a in t if f ; m a s t e r s e t o f in t e r r o g a t o r ie s a n d r e q u e s t f o r p r o d u c t * PAGE 59 { P f f l '.- s r s s f T r :;:;'k s 5wa;ivi-ngr sfame," KlaiFserfGypsum responds as follows* Wallboard iijoi. 2 V INTERROGATORY n o . 42* *- TZI eaci asbstos-containing product identified in response iirnwnilnii,?' rrV0giKteCilrPyerN8o' *pi.6p'efildtetnetr-sif'ywealldlerfs,oremsaecehaibnliestsu,seprlsasstuecrhersa,s riSioi finishers, carpenters, boilermakers, shipwrights and riggers, etc., of any of Defendant's asbestos-containing products. M S S E B i Kaiser Gypsum specifically objects to this interrogatory ? ?roun*s that At is vague and ambiguous as to the specific Ju*ies of th trades mentioned above, subject to Defendant's X?Ci?4 appe*ran.* tion and its preliminary and general follow^?** and wlthout waiving same, Kaiser Gypsum responds as X* PRODUCTS SOLD TO ONE OR MORE KAI8ER GYPSUM CP8TOMER8 IN TEXAS Wallboard Laminating Compound' - Gypsum wallboard laminators; tailboard Joint Compound - Gypsum wallboard finishers. 118 PRODUCTS NEVER SOLD BY KAISER GYPSUM TO CUSTOMERS TN painters**'" decorative texture paint - Gypsum wallboard painters**81 decorative textt>re Piat - Gypsum wallboard pfin*IrsV* ~ * ^ 88 d--orative texture paint - Gypsum wallboard !!Kisier-Tex decgrative-- texture paint - Gypsum vallboard painters. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS* MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 60 vallboardXpa^nteAe.XtUre" iKr^ iva ^ "T* r^1nt - Gyp.um wallboardCpajnt<ra.eXtUye" jBnrativa - Gypsum fr 'TVr^ t a U b ^ - Gypsum ^as pay -Tolnt Cpmpound-Ppwd,^ - Gypsum wallboard fiaiahara. ^ qYP3Um - " " - >' vallboard^flnlahars^Un^" fr qYP9<W ya11h" ^ 1 * 8 ' vallboar<F~^ n ^ h e r s CaPOUnd,t-- ^pr qvP3UB> wallboard - Gypsum wallboardPfinishers* gompou"d" for 8VPa'M> VUboard - Gyp.um for. qypsum wallboard - Gypsum "i^.1?!..C!,PU",,d" /.r electrie radiant home heating > . . . Radiant Home Heating System Installers -- '"p-nf-!!? ? eat 5n-:Mndtl fy- electric radiant home heating - Radiant Home Heating System Installers S*" HY3^emnins" aiiersrfaCinq Compound" " Radiant Home Heating ^Radiant H ^ t Scrimless Surfacing compound - Radiant Home Heating System Installers : ---- - installers"1^ Jint -g01BP0und,, " Radiant Home Heating system l!Xg.^gjo3r gr-emlae Prefill compound for exterior vallboarfl - Exterior Wallboard Finishers -------- **11 Texture Compound" for exterior vallboard " Exterior Wallboard Finishers :-- ~ -- 58 ^,,Kaiser Miners?.-- Fibreboard PL Fire-Rated (Underwriter laboratories s-- Inc*__ designl,,lavTMin board/eel liner H i * -- suspended Ceiling Installers ------ 3-- -- -* DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 61 INTERROGATORY N O . 4 3 ; Based uPn the material contents of your asbestos-containina products, the method of manufacturing, and the method of application, can such products be generally applied without liberating asbestos fibers into the air? a. If there is a different answer concerning different products manufactured, sold, distributed, or used by your company, then specify the different products by precise manufacturer's 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 specific products you are referring to and year involved. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Kaiser Gypsum specifically objects to this interrogatory on the grounds that it is hypothetical in nature, unlimited as to time and circumstance and vague and ambiguous. INTERROGATORY NO. 44: Was it a foreseeable use of your asbestos-containing products that they may have been removed, stripped, or replaced at some time after installation? ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: No. INTERROGATORY NO. 45: Before 1970, did you or your subsidiaries or predecessor(s) ever arrange for any labor inspectors, insurance company inspectors or anyone from your company to go to job sites where your products were being used or installed to make or take dust level counts? If so, state when this procedure started, the purpose of such procedures, and all results of such procedures. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: n o . INTERROGATORY NO. 46: If Defendant performed or had performed any dust level counts, what action, based on the results, did your company take? DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 62 MSWEB: Subject to Defendant's special appearance motion and paprpelliicmaibnlaer.y and general objections and without waiving same: Mot INTERROGATORY NO. 47 i Has your company or its subsidiaries or predecessor(s) ever l T i T n \ l t 0r caused14to.be ?onduted any studies designed to assist or eliminating the inhalation of asbestos dust and fibers by those exposed to the use of your company's 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 they were completed; c * Any publication or other written dissemination of the results of the studies; d. The nature of any action to eliminate or minimize the inhalation of asbestos dust fibers. ANSWER: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: No. INTERROGATORY NO. 48: Does your company have, has it ever had, or have your predecessor(s) or subsidiaries ever had, a Research Department? if so, give the year such Research Department has operated continuously since being established, state also: a * The amount of time and money expanded each year on research concerning asbestos or asbestos-containing products? b. What percentage of gross sales did your company or its predecessor(s) spend on research concerning the health effects of asbestos? c. State ^ in detail the purposes, duties, and responsibilities or [sic] such Research Department. NSWEg: Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same: Yes* T the best of Kaiser Gypsum's knowledge, the Research Department operated continuously from approximately 1952-78. * Unknown. DEFENDANTS AMENDED RESPONSES AND ANSW ERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 63 b. Unknown. e. ESH ?4 ^HIBBPGAT0RY NO. 4 0 . a. The year such Medical Department was established.- b. has operated d. 5S S i " Department^ year* hyTea0/' * ' . r h " <* your Medina! yu had a Medial iiryecto'r or9Me2icI,Wnth the m m i last known address and phone number o^eachT"1' and the DepartmentdUti6S a"d resPnsibilities of such Medical Yi -a2na ge-neral*~object~ions Zm V7 ^ r s i , ; : : : , "otion " i NO. and -- onredav ; sr fr ^ s L ^ stidlaries * - " s s s s fa s s -^ / &^srsrzss!sfa AHSWggi Subieot . aafs^isasaS2-w&*sa.-!- s IHTERROC*TQRy Bn. ? a ^ i | i H i l ,, rna" - VompV^'itV fnVtVai^ -- ~SKrj;sgs- ' SSE..jaru i.h:;:;;;::.sriajrsK, ~ INTERROGATORY NO- ......? ...i S M a ,"^jrsssLsi"isa..""" Interro9ator?YNc,sr0d5U2Cta3ndy?r i your response to BWsras. vr- a INTERROGATORY NO. make ^Irdor rSafi-dini tK Cl"rpanayrraonr9eitsf`oprredaencyessionrdu(ss)trioarl subsidiaries ever hygiene surveys i1 9 asbestos or asbestos-containing dust? If so, give the ffooir ocnommrpnl1e1?ti1-osnurovf*yssucahndsusrtvaetyes.who, or what entity, was refsppoonnssiiobilee t ^ Wthe grounds** t V L V **^ pe.c i f i c a l l y objects to this interrogatory .unda tbab it is vague and ambiguous. Subject to Defendant s special appearance motion and its preliminarv and asn folio<^ ieCti?S and ithout waiving same, Kaise/oypsum rejonds ?ests et n d L ^ i te? ,r!tin? this <Iuestion to refer to surveys o? located, n o . ^ * ** jobsxtes where Kaiar Gypsum products are INTERROGATORY NO. 57 a concentratioihi il?fKthrshold llmit values or maximum allowable the % f^b th asbestos dust and total dust provided by stated * Conference of Governmental Industrial Hygienists, a. The year in which Defendant or any predecessor(s) or subsidiaries were first advised of such limits of concentrt ions; b. The name of the employee or official of the company receiving such advice; C* Dfendent received notice of such limits or concentrations. ANSWER; Defendant's special appearance motion and preliminary and general objections and withoSt waing" 7 ; su unknown after reasonable inquiry. DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS' master set of interrogatories and request for production PAGE 66 . Unknown . e r re.son.bl. inquiry, o. Unknown ft.r re.son.ble inquiry. IHIgBgOGATORY NO, . concentratio i n ^ i r e d ^ b o t ^ n i n V "68 r oaxium allowable s ' anc* nt asbestos dust T l o n e ? Interrgatory No* 63 f o r a t a ? iSWEBi Kaiser Gypsum s d a ^-i#4 ,, xrs.'.r,aSttJast"ssiaK? K 5SSSK?J S 5. - .W S""Sf See response to Interrogatory No. 63 *B2 BBBPgATPRY NO. q; State in detail what- f.*. - regard to the quantity, qUallt v 1 asbestos dust or partici^c using, working with or arou n d ^ 1Ch containing products. ' or Defendant ever made with threshold limit valuta w.orkers were exposed^ wh ile installing your asbestos- ifffSin.riUb3r t tc M e c t o t , , special appearance notion and applied 9e"9ral ob3ections and without waiving samet Not INTERROGATORY NO. fin. you [sic] that you may c^ll Sur^ h 5 Spect to ea designate with speciflcitv thf 9 trial of thes including: Peciricity the expert witnesses th expert witness cases. Please you will call, expertmwitnesJrSS' ^ jb classification of each such testify;eCt "atter on whlch the expert is expected to grounds for each opinion; fy anPddiniansSuntTM0arWyhiocfh the has provided^^eport T r othelr d SUbparagraph (a) above if so, identify each such ^ and MASTER SET OF INTERROGATORIES ^ AND ANSWERS TO REQUEST FOR PKoSSm PLAINTIFFS' PAGE 67 in t e r r o g a t ory n o . s p - (EXhibirrist^^poat t ~ ^ t T iCl i c i \ brl T l #t tiBe o ^ial D e fe n d a n t's enumerated d efen ses in D efen d an tr i S w i i S , I n s t e p appearancei Se^preliminary^andgaaera^oM Dffenaant's special general objection number 3.* 9 1 ob3ectias, specifically i n t e r r o g a t o r y NO. 6 3 i Fleiscie?/Drink^Repir? p i u s h ^ i n / W 4 6 . # CPy f the M S W E R ; Subject to and without wA-tv-inrr nas,,,,. .. ^ S ^ e c K ^ f * "* objections ^specifically REQUEST FOR PRODUCTION " ss? o r e lim in arv^aw a ^ t0 Def1enda" t ' 3 s p e c i a l appearance m otion and th e Kaiser^Gypsum* has ^ e ^ ^ ^ n a b le ^ to ^ lo c a t^ a n ^ V u c h 1p h iT to gra /h a ?*^ * 2 ep a PU i " de & ,, ScerofChaenmyaticCfS ^ u ^ i d In terrogatorle^^n d* Request E S S i S . -- > ^ ^ 4 I= Sf S S i = i ^ - ^ DEFENDANTS AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTIC PAGE 69 STATE OF CALIFORNIA } ) COUNTY OF CONTRA COSTA } yBRIFICATTOff Befre me' the undersigned authority, personally appeared Mellssa A * Youn9an, who, being by me duly sworn on her oath deposed and said that she is the authorized agent for Defendant Kaiser Gypsum Company Inc. in the above-entitled and numbered cause? that she has read the above and foregoing Defendant's Amended Responses and Answers to Plaintiffs' Master Set of Interrogatories and Request for Production to Defendant Subject to and Without Waiving Special Appearances to Present Motions Objecting to Jurisdiction, and that every answer contained therein is within her personal knowledge and true and correct. ULLSl MELISSA A. M Bt S i B A s 5 T 3 'SW2RN T2 ?Ef0RE ME by the said Melissa A. Youngman hand a n d ^ a l Saf Y 19" ' t0 Certify Whioh Witness STATE OF TEXAS COUNTY OF TARRANT VERIFICATION BEFORE ME, the undersigned Notary Public, on this date personally appeared David R. Seidler, who being by me duly sworn on his oath and said that he is the attorney of record for Kaiser Gypsum Company, Inc., in the above entitled and numbered cause; that he has read the above and foregoing Defendant, Kaiser Gypsum Company, Inc.'s Amended Responses and Answers to Plaintiffs' Master Set o f Interrogatories and Request for Production to Defendant Subject to and Without Waiving Special Appearances to Present Motions Objecting to Jurisdiction; and that every statement contained therein is within his knowledge and true and DAVID R. SIDLER certify wSwnUhtiB^cSnhCuwR/iitItnBneAEs*esDmmAyNh**D*a**n*d.S4WanOdR-orNfefi*cT.iOail BEFORE seal. ME, on the 27th day J of July, +% 1992 9 wto