Document EvgMwRxpn9ZmBoeqEBkL7nrOV

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA OLAGE BOYD and DOROTHY BOYD, h/w V. A.P. GREEN INDUSTRIES, et al NO. 91-CV-3800 ASBESTOS CASE IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL SECTION: TRIAL DIVISION OLAGE BOYD and DOROTHY BOYD, h/w V. A.P. GREEN INDUSTRIES, et al JUNE TERM, 1991 NO. 3834 ASBESTOS CASE RESPONSES OF DEFENDANT BONDEX INTERNATIONAL. INC.. TO PLAINTIFFS' INTERROGATORIES The defendant Bondex International, Inc. hereby responds to plaintiffs' interrogatories. This defendant reserves the right to amend or supplement its responses if it finds that inadvertent omissions or errors have been made or if additional or more accurate information becomes available. 1. Did Bondex itself, not Reardon manufacture SX - All Purpose joint cement with asbestos prior to the acquisition of Reardon by Bondex? 13027177.rti (tfd) RESPONSE: No. 2. In what year did Bondex acquire the Reardon Company? RESPONSE: Bondex acquired all of the manufacturing facilities of Reardon in 1972. 3. Did Bondex manufacture, sell or distribute asbestoscontaining SX All - Purpose Joint Cement prior to the acquisition of Reardon? RESPONSE: No. 4. Was there a distribution agreement between Reardon and Bondex in which Reardon manufactured and Bondex distributed asbestos-containing joint cements under the name Bondex? RESPONSE: No. 5. During what years, if any did this arrangement exist? RESPONSE: Not applicable. 6. Did Bondex itself, not Reardon ever manufacture Bondex Premium Joint Compound prior to the acquisition of Reardon? RESPONSE: No. 7. Did Bondex manufacture any asbestos-containing products such as cement or tape or spray or roofing products not listed in 13027177.rti (tfd) 2 its answers to interrogatories in William Turner CA 89-5260? (attached) RESPONSE: This defendant objects to this Interrogatory on the grounds that it is overly broad, unduly burdensome, and seeks information which is irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving its objections, this defendant will make every effort to provide such information regarding any products to which plaintiff contends he was exposed. 8. Which of the Bondex-Reardon products were sprayed on and which were troweled on to surfaces? RESPONSE: This defendant objects to this Interrogatory on the grounds that it is vague, overly broad, unduly burdensome, and seeks information which is irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving its objections, this defendant will make every effort to provide such information regarding any products to which plaintiff contends he was exposed. 9. What were the asbestos-containing products Registration number of Bondex that had registration numbers 206, 202, 632, 095 (see answer #10 in Turner). (attached) RESPONSE: This defendant objects to this Interrogatory on the grounds that it is vague, unintelligible, overly broad, unduly burdensome, and seeks information which is irrelevant, immaterial, 13027177.rti (tfd) 3 and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving its objections, this defendant will make every effort to provide such information regarding any products to which plaintiff contends he was exposed. 10. Did Bondex manufacture asbestos-containing roof coatings? (Note reference to that product in answer to interrogatories #37 in Turner). RESPONSE: Defendant objects to this Interrogatory on the grounds that it is wholly irrelevant, immaterial and would not lead to the discovery of admissible evidence. There is no contention that plaintiff was exposed to any such product and to require this defendant to produce such information would be burdensome, expensive, and constitute harassment. To require defendant to provide plaintiff with information regarding products to which he was not exposed cannot be relevant to his claim. 11. During what years did Bondex manufacture asbestos roof coating? RESPONSE: This defendant objects to this Interrogatory for the reasons set forth in response to Interrogatory No. 10. 12. Did Bondex manufacture that product prior to the acquisition of Reardon or were roof coatings only Reardon products prior to that acquisition? 13027177.rti (tfd) 4 RESPONSE: This defendant objects to this Interrogatory for the reasons set forth in response to Interrogatory No. 10. 13. Have any Bondex employees ever been deposed in any asbestos cases? RESPONSE: No. 14. If the answer to #13 is yes, please forward copies of said deposition or depositions. RESPONSE: Not applicable. 15. What asbestos products of Bondex would, in your opinion, Mr. Boyd have been exposed? RESPONSE: None. 16. In what year did Reardon start manufacturing asbestos products? RESPONSE: Unknown. FOX, ROTHSCHILD, O'BRIEN & FRANKEL 13027177.rti (tfd) 5 2000 Market Street, 10th Floor Philadelphia, Pennsylvania 19103 Attorneys for Defendant Bondex International, Inc. SL,September 1991. 13027177.rti (tfd) 6 CERTIFICATE OF SERVICE I certify that a copy of the foregoing Responses of Defendant Bondex Industries, Inc. to Plaintiffs* Interrogatories have been served upon the following attorney of record, by mailing a copy of the same to him, in the United States Mail, first-class postage 2-1-tHprepaid, addressed to him at his office as shown below this day of September, 1991. Robert E. Paul, Esquire Paul, Reich & Myers 1411 Walnut Street, Suite 500 Philadelphia, Pennsylvania 19102 Philadelphia, Pennsylvania 19103 Attorneys for Defendant Bondex International, Inc. 13027177.rti (tfd) 8 STATE OF MISSOURI CITY OF ST. LOUIS ) ) ) PERSONALLY APPEARED before me John A. Fleming, who being duly sworn according to law, deposes and says that he is the Treasurer of Bondex International, Inc.; that he is authorized to make this affidavit on its behalf; that the information necessary to prepare the within Responses of Defendant Bondex International, Inc. to Plaintiffs' Interrogatories has come from his personal knowledge as well as from others and from the records of Bondex International, Inc.; that he does not necessarily have personal knowledge of all of the facts stated, but believes the same to be true and correct to the best of his knowledge, information and belief. p Cy / ? ? / SWORN TO and subscribed before me thit&m PWPLdLARKSfbflola^fitbknber, SWTE OF MISSOURIST. LOUIS COUNTY NY COMMISSION EXPIRES OCT. 29.1994 1991 Notary Public for Missouri My Commission Expires: (L.S.) 13027177.rti (tfd) 7 lmvv urrio'ca FQX.ROTHSCHTIJ). O'BRIEN & FRANKEL 2000 MARKET STREET, TENTH FLOOR PHILADELPHIA, PENNSYLVANIA 19103 (215) 299-2000 fax (215) 299-2150 104 CARNEGIE CENTER, CN 5200 PRINCETON, NEW JERSEY 08543 (609) 520-2110 EAGLEVIEW CORPORATE CENTER 717 CONSTITUTION DRIVE, PO BOX 673 EXTON, PENNSYLVANIA 19341 (215) 450-2100 PA DIRECT DIAL (215) 299- 2 8 7 6 ALEX SATINSKY ISAOORE A SHRAGER ROBERT P. FRANK EL SAMUEL E DENNIS RAMON R OBOD JEROME E. BOGUTZ NORMAN LEIBOVITZ HERBERT BASS MARTIN G HECKLER HOWELL J. REEVES JEFFREY B ALBERT HENRY C. FADER* SALVATORE U. DeBUNDA DAVID S. RASNER ROBERT H. LOUIS MARTIN J. SOBOL IRA B. SILVERSTEIN MITCHELL T MORRIS EDUARDO C. ROBRENO* EDWARD J. HAYES ROBIN 8. MATLIN ROTAN E. LEE ELAINE N. MORAN2 JAY S. RUDER* MARY ANN ROSSI MARK R. ASHTON A ARTHUR MILLER MURRAY H. SHUSTERMAN WILLIAM A WHITESIDE, JR. DONALD BROWN JAY G OCHROCH LOUIS W FRYMAN STANLEY S COHEN OWEN A KNOPP1NG E GERALD DONNELLY. JR STEPHEN P. WEISS JONATHAN D. WEINER * BARNETT SATINSKY ABRAHAM C REICH AARON JAY BEYER* MARK L, FIRST* STEVEN R WAXMAN ALBERTJ SLAP* ALBERT R. RIVIEZZO SANFORD K. MOZES MARK L. SILOW LEWIS J HOCH* JOSEPH V SOUTHERN* RONALOJ SHAFFER* WEN0Y FLEISHMAN GERALO M. HATFIELD RONALO M. NEIFIELD SPECIAL COUNSEL GEORGE R. BURRELL. JR BRIAN J O'NEILL SUSAN HOWARD** SENIOR COUNSEL LEONARD J SCHWARTZ JEROME B WEINSTEIN 1 LU. U 1. U 4 * J 4 O ^ Z CECIL MAIDMAN MARVIN L WEINBERG DAVID E FRAIMOW* GREGORY KLEIBER MARC E NEEDLES MICHAEL C. McBRATNIE* JANET R SELIGMAN* PAUL J BRENMAN KAREN SCHECTER DAYNO* PATRICIA CARROLL* ROBERT W. GUNDLACH* LISA M SMUKLER* ERlC.L. SETTLE TIMOTHY J. McCUEN DAVID B, SNYOER* CRAIG 1. ADLER* THOMAS D PARADISE* SUSAN E. DANIELSON * BARBARA R. ELIMELECH"1 PHILIP W. FISHER* KATHY M. MANDERINO DAVID J. STUTMAN* R JAMES KRAVITZ* ANDREA DOBIN* ROBIN L. ROSENBERG* BARRY H KITAIN* CAROL A McGURK* HOWLANDW ABRAMSON DEBRA L BROMSON MARK L. MORRIS JON C, MARTIN* STEPHANIE RESNICK* D JEFFRY BENOLIEL KEVIN B. SCOTT* KATHLEEN K WESTON* LISA AXT AIEXAN0EA JOHN M. STRAWN* BARRY G OBOD* SCOTT L VERNICK* LESLIE M GERSTEIN EDITH S BROWER* MARTHA B. CHOVANES* JANE LESSNER* ALEXIA KITA BLAKE* MARCIA J MASSC0 KENNETH M K0LASKI* STEVEN A HANN* BRIAN M. FLEISCHER* MICHAEL G MENK0WITZ* CAROLINE WROTH O LEARY' LAURA H BERNEY DEBORAH R. POPKY* SUSAN J KHANTZIAN* LAUREN P. McKENNA ALSO ADMITTED TO PRACTICE IN NJ -ADMITTED TO PRACTICE IN NJ ONLY --ADMITTED TO PRACTICE IN NY ONLY September 30, 1991 Robert E. Paul, Esquire Paul, Reich & Myers 1411 Walnut Street Suite 500 Philadelphia, PA 19102 Re: Boyd v. Bondex International, Inc., et al. U.S.D.C.; E.D.Pa.; No. 91-CV-3800; CCP: Philadelphia County; June Term, 1991; No. 3834 Dear Mr. Paul: I am enclosing with this letter the Responses of Defendant Bondex International, Inc. to Plaintiffs' Interrogatories. Thank you for your attention to this matter. Very truly yours, TJM/cas Enclosure Timothy J. McCuen