Document EqkrnyE24GBbRZo5gnbnzgngg

CHARLES J. ARGENT Livingston & Markle ATTORNEYS AT LAW 200 WAUGH ON THE SAYOU SS WAUGH ORlVE HOUSTON, TEXAS T7007 TELEPHONE (713) 06I-9S95 FAX 1713) al-7679 December 26, 1991 Mr. Bill Long, District Clerk Dallas County Courthouse 600 Commerce Street Dallas, Texas 75202 Re: Cause No. 91-06526-1; Alvin Stenzel; Terry Yearout; John Blanton; Albert Goodner? Elmer Gray; and Willie Vaughn vs. Armstrong World Industries, Inc., et al.; in the 192nd Judicial District Court of Dallas County, Texas Dear Mr. Long: Please find enclosed the original of the following documents to be filed in the above referenced lawsuit: United States Mineral Products Company's Response to Plaintiffs' Request for Production and Interrogatories. Please date and file stamp the additional copy of this letter and return to us in the enclosed envelope, in your usual manner. Thank you very much for your assistance in this matter. Very truly yours CJAs Rif Enclosures 060-321 cc: Mr. Roger G. Worthington (CM/RRR #P-801-977-799) All known counsel of record (w/out enclosure) CHARLES J. ARGENT c V Livingston & Markie ATTORNEYS AT CAW 200 WAUGH ON THE 8AYOU SS WAUGH ORIVE HOUSTON, TEXAS 77007 TELEPHONE (713> 3SI-9S9S TAX (713) ad-7679 December 26, 1991 Mr. Bill Long, District Clerk Dallas County Courthouse 600 Commerce Street Dallas, Texas 75202 Re: Cause No. 91-06526-1; Alvin Stenzel; Terry Yearout; John Blanton; Albert Goodner; Elmer Gray; and Willie Vaughn vs. Armstrong World Industries, Inc., et al.; in the 192nd Judicial District Court of Dallas County, Texas Dear Mr. Long: Please find enclosed the original of the following documents to be filed in the above referenced lawsuit: United states Mineral Products Company's Response to Plaintiffs1 Request for Production and Interrogatories. Please date and file stamp the additional copy of this letter and return to us in the enclosed envelope, in your usual manner. Thank you very much for your assistance in this matter. Very truly yours, CJAstnf Enclosures 060-321 cc: Mr. Roger G. Worthington (CM/RRR #P-801-977-799) All known counsel of record (w/out enclosure)  c c V Livingston & Markle ATTORNEYS AT LAW 200 WAUGH ON THE BAYOU SS WAUGH ORIVC HOUSTON, TEXAS 77007 TELEPHONE 17131 861-959$ TAX (713) 091-7679 December 26, 1991 ng, District Clerk ty Courthouse e Street as 75202 No, 91-06526-1; Alvin Stenzel; Terry Yearout; John n; Albert Goodner; Elmer Gray; and Willie Vaughn vs. ong World Industries, Inc., et al.? in the 192nd al District Court of Dallas County, Texas ng: find enclosed the original of the following documents in the above referenced lawsuit: united states Mineral npany's Response to Plaintiffs' Request for Production jatories. date and file stamp the additional copy of this letter :o us in the enclosed envelope, in your usual manner. /ou very much for your assistance in this matter Very truly yours. er G. Worthington #p-g01-977-799) wn counsel of record (w/eut enclosure) *t"), a tiffs 1 curred ond to n many n, USM *s and 1960s. zovery for a lew is i past lement :urate sold trwise rs to that 2 DOCUMENT REQUEST NO, 1 Please produce each and every document identified in Exhibit A, attached hereto. RESPONSE: See attached. INTERROGATORY NO. 1. For each and every document produced in response to Request for Production No. 1 above, is said document a true and correct copy of the original document? ANSWER: Yes. INTERROGATORY NO. 2 For each and every document produced in response to Request for Production No. 1 above, please answer the following: (a) Was said document kept, generated or received by Defendant United States Mineral Products Company and/or its predecessor(s)-in-interest in the regular course of business? answer: Yes. (b) For each document produced in response to Request For Production. No. 1 above, was it the regular course of business of Defendant United States Mineral Products Company and/or its predecessor(s)-in-interest for an employee or representative of Defendant United States Mineral Products Company and/or its DEFENDANT, U.S. MINERAL PRODUCTS COMPANY'S RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION AND INTERROGATORIES 3 (s i predecessor(s)-in-interest, with knowledge of the act, event, condition, opinion or diagnosis recorded to make the record or to transmit information thereof to he included in such record? ANSWER: Yes. (c) For each said document produced in response to Request For Production No. 1 above, was said document recorded by Defendant United States Mineral Products Company and/or its predecessor(s)-in-interest at or near the time or reasonably soon thereafter? ANSWER: Yes. (d) For each such document produced in response to Request For Production No. 1, is said document a "business record", as that term is used in the Texas Rules of Civil Procedure? answer: Yes. INTERROGATORY NO. 3 Please identify the name, address, phone number and job title of the custodian of records concerning asbestos products, asbestos-related disease and/or asbestos personal injury litigation for Defendant United States Mineral Products Company. DEFENDANT, U.S. MINERAL PRODUCTS COMPANY'S RESPONSES TO PLAINTIFFS* REQUEST FOR PRODUCTION AND INTERROGATORIES 4 ANSWER: Paulette A. Kaminski, Assistant Corporate Secretary, U.S. Mineral Products Co., Stanhope, NJ 07874. REQUEST FOR PRODUCTION NO. 2 Please produce the index, catalogue, table of contents or any other such document which identifies or makes a record of documents kept by Defendant United States Mineral Products Company regarding the manufacture, marketing or sale of asbestos products and/or asbestos-related disease. RESPONSE: This request if overly broad, burdensome and seeks information irrelevant to Plaintiffs' claim and is not reasonably calculated to lead to the discovery of admissible evidence. Subject to the general objection above and to the extent that they exist, relevant, non-privileged, non-trade secret documents will be made available to Plaintiffs at a time mutually convenient to the parties at U.S. Mineral Products Company's home office. INTERROGATORY NO. 4 For each document(s) identified in Exhibit A which Defendant has not agreed to produce herein, please state whether Defendant has produced said document(s) in response to discovery requests in other asbestos personal injury lawsuits and, if so, please identify the name and phone number of the attorneys to whom said documents were produced. DEFENDANT, U.S. MINERAL PRODUCTS COMPANY'S RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION AND INTERROGATORIES 5 (( ANSWER: All documents have been produced pursuant to this Request. INTERROGATORY NO. 5 For each document(s) identified in Exhibit A which Defendant does not believe qualifies as a "business record" under the Texas Rules of Civil Procedure, has said document been deemed a "business record" by any Court in an asbestos personal injury lawsuit in which United States Mineral Products Company was a party? If so, please identify the name and phone number of the Plaintiff's attorney in said lawsuit(s). ANSWER; Not applicable. Respectfully submitted, LIVINGSTON & MARKLE Texas Bar No. 01TO1750 55 Waugh Drive, Suite 200 Houston, Texas 77007 (713) 861-9595 Attorneys for Defendant U.S. Mineral Products Co. DEFENDANT* U.S. .MINERAL PRODUCTS COMPANY'S RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION AND INTERROGATORIES 6 I\ V CERTIFICATE OF SERVICE I do hereby certify that on this the day of December, 1991 a true and accurate copy of the foregoing Defendant, U.S. Mineral Products Company's Responses to Plaintiffs' Request for Production and Interrogatories was delivered to counsel for plaintiff by certified mail, return receipt requested. Charles J. gentcy DEFENDANT, U.S. MINERAL PRODUCTS COMPANY'S RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION AND INTERROGATORIES 7