Document G6byyBbEVK7GGqp57yadN3x74

PLAINTIFF'S EXHIBIT ST000998I BARBARA MEYER VS. JOHNS-MANVILLE SALES CORPORATION, ET AL NO. 81G1331 s IN THE DISTRICT COURT OF c 3 Sc BRAZORIA COUNTY, T E X A S s s 239TH JUDICIAL DISTRICT RESPONSES OF GEORGIA-PACIFIC CORPORATION TO INTERROGATORIES OF DOW CHEMICAL COMPANY TOt DOW CHEMICAL COMPANY, Defendant, and their attorney of record, Andrew S. Hanen, Andrews & Kurth, Texas Commerce Tower, Houston, Texas 77002. Defendant Georgia-Pacific Corporation makes the following Responses to Defendant Dow Chemical Company's Interrogatories propounded to them. Respectfully submitted. H. Lee Godfrey If State Bar No. 08054000 ' Attorney for Georgia-Pacific Corporation 2400 Allied Bank Plaza Houston, Texas 77002 (713) 651-9366 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Defendant Georgia-Pacific Corporation's Responses to Dow Chemical Company's Interrogatories have been served on all counsel of record via United States Mail, Return Receipt Requested, this day of October, 1983. JDW/07/04 ST0009902 RESPONSES TO INTERROGATORIES 1. Please give your exact legal name, place of incorporation, and state whether or not you are licensed to do business in the State of Texas. ANSWER: Georgia-Pacific Corporation 133 Peachtree Street, N.E. Atlanta, GA 30303 Georgia No. 2. Has this defendant been sued under its correct name? If not, state the correct legal name of the defendant and provide the information requested in number one above concerning the defendant as correctly named. ANSWER: Yes. 3. Did this defendant, between the years of 1940 and 1980, manufacture or sell asbestos containing products? ANSWER: Yes. 4. Give the name and trade name of all types of asbestos containing materials manufactured or sold by you, giving the dates that you began to manufacture or sell each such material listed, and the date you ceased manufacturing or selling such items, if production has ceased. ANSWER: See Exhibit "A" attached hereto and made a part hereof. S. Give a description of the materials listed in Interrogatory No. 3, including the asbestos content. ANSWER: Georgia-Pacific Corporation objects to this Interrogatory on the grounds that same is overly broad and burdensome and will lead to the discovery of no admissible evidence. However, please see Exhibit "B" attached hereto for the asbestos content in each of these products. 6. When was your company first aware that asbestosis mesothelioma, or any other lung disease could occur among workers who were exposed to the inhalation of asbestos fibers from products manufactured or sold by you? ANSWER: April, 1973. 7. State the date you first attached a warning of any possible adverse health consequences caused by the inhalation of asbestos fibers to products sold or manufactured by you that contained asbestos, and either attach a copy of that warning, or state the content of said warning verbatim. ANSWER: April, 1973. -2- g. List all warnings of any possible adverse health consequences caused by the inhalation of asbestos fibers ever given on any product manufactured or sold by you which contained asbestos, and the date which said warnings first appeared. Either attach a copy of the warnings or state the content of them verbatim. ANSWER: See Exhibit "C attached hereto and. made a part hereof. 9. Is it possible for a layman to distinguish your asbestos containing products from those manufactured or distributed by your competitors when such products have been removed from their container or containers? If your answer is yes, please describe how you contend your product can be distinguished from those of a competitor. ANSWER: No. 10. Did each of your products or materials, which contained asbestos, generally reach, or were packaged to reach, the consumer, insulation helper, insulation mechanic, or ultimate user, without substantial change in the condition in which it was sold? ANSWER: Yes. 11. If your answer to the above interrogatory is no, with respect to each such product, explain in what way the defendant claims its products were altered or substantially changed after sale or distribution, and before reaching the ultimate user. ANSWER: Not applicable. 12. Has the defendant ever acquired another corporation, company, or business, which manufacture^ sold, processed, distributed, or contracted to apply insulation products containing asbestos? If the answer to the above interroagtory is yes, then state the following concerning such predecessor: a. Full and correct name. b. Principal place of business. c. State of incorporation. d. Date of acquisition. e. Was this business authorized to transact business in the State of Texas? and ANSWER: Yes. a. Bestwall Gypsum Company d. Merger; 4/29/65. 13. Did your company ever produce sales literature or other printed material which advised workers of the hazards of asbestos dust, and recommend ways of handling your materials that would reduce or eliminate the creation of asbestos dust? If so, state verbatim what the literature says and the date in which each instruction or recommendation was put on your literature, also please attach copies of all such literature. -3- ST 0009903 ANSWER: No. 14. Does your company have, cr has it ever had, a division or subsidiary company engaged in the contracting business of applying insulation products? If so, give the name of such division or subsidiary company, the full address of the home office of such division or subsidiary company, and the dates such division or subsidiary company was engaged in the contracting business. ANSWER: No. IS. Has your company, or its predecesor, ever conducted any studies concerning the effects of the inhalation of asbestos dust fibers on one using or being exposed to any of the asbestos materials manufactured, sold, or distributed by you. If your answer is yes, give the date and nature of such studies, the name of the persons conducting such studies, the purpose of the study(s), the result of such studies and attach a copy of any report based upon studies. ANSWER: No. IS. Please list all of the products containing asbestos, the amount of each product and the date of each sale, sold by you or any subsidiary or predecessor to Dow Chemical Company. ANSWER: None. 17. For every product listed above state the first date a warning of any possible adverse health consequences caused by the inhalation of asbestos fibers appeared on said products, and state the content of said warning verbatim, or attach a copy. ANSWER: Not applicable. 18. Have you or any of your employees, agents or subsidiaries ever contacted Dow as to the means, methods and precautions to take in installing, or safely removing, or safely maintaining any of the asbestos containing products which you have manufactured or sold? If yes, please state the date of each contact, the means used, the penon(s) from your company that were involved, and the names of any personnel from Dow that were involved. ANSWER: No. 19. Does defendant expect to call expert witnesses at the trial of this ease? If yes, state the name and address of each expert and the testimony expected to be given by each expert. ANSWER: Yes. Not determined at this time. GEORGIA PACIFIC CORPORATION By. L. Philip jhcClendon -4- ST000998U STATE OF GEORGIA COUNTY OF FULTON 5 S S BEFORE ME, the undersigned authority, on this day personally appeared L. Philip McClendon, known to me to be the person whose name is subscribed to the foregoing instrument, being first duly sworn did depose and state as follows: That I am Associate General Counsel - Litigation and Assistant Secretary of Georgia-Pacific Corporation, a defendant in the above entitled action; that the matters stated in the foregoing Responses to Interrogatories are not all within my personal knowledge and that 1 am informed that there is no single officer of defendant GeorgiaPacific Corporation who has personal knowledge of all such matters; that the facts stated in said answers have been assembled by authorized employees and counsel of the said defendant; and that I am Informed and believe that said answers are true and correct. SWORN TO AND SUBSCRIBED before me on this the 10th October, 1983. day of My Commission Expires: / - ST0009985 L. FH-CIP Hcl.iSMN, GEORGIA-PACIFIC cum -3* I dd d d a SI co CO cn cn o0 o o CO A A AA ? --0 t0o 9 0 w0 - 00 0 M0 0 > O0*9*0 N9 ag 8 5 m O* cA ea om 0U *0 A <0 --0 A*0 6* m Hy es Xow SI Iu emuv t i V < CO cn cn co CD CD CO A Ax o 40 f m H M Ob H 5 -S w -- * e --6 m ft'sy 8ff TSouOJb <Iu fl iJ 40 9 r9 9 M0 * Am n9? eo9 *omy A weo X m 9e 4b0 5 >mm 49s0 %bo* --oe u e o 9o C um -90 <0 yv --we 99 A9 9C m2 EXHIBIT "B" Asbestos fiber content by weight of Georgia-Pacific Corporation products manufactured between the years 1940 and 1980: Joint Treating Compounds - 4.3Z Wall Texture - 7Z Patching Plaster - 2Z ST 0009980 CAUTION e CONTAINS ASBESTOS FIBERS. O AVOID CREATING DUST. O BREATHING ASBESTOS DUST MAY CAUSE SERIOUS 80DILY HARil O USE APPROVED RESPIRATOR WHEN SANDING. s& /&/* CAUTION CONTAINS ASBESTOS FIBERS. O AVOID CREATING DUST. O BREATHING ASBESTOS DUU7 MAY CAUSE SERIOUS BODILY HARM. O USE APPROVED RESPIRATOR WHEN SANDING. _________/?}s?~rz CjVjo.p.t_______ CAUTION O CONTAINS ASBESTOS FIBERS. O AVOID CREATING OUST. O BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. O WHEN MIXING OR SANDING USE APROVED RESPIRATOR. t 'Tt ST0009989 ST0009978 tcwcm e *c bCI N****' 00*CVVT. *C BMOWMWNAM. O C f|M(U * 0'0*0- * C MkO*U* BIVSON * **c WtUOAM 'fC CVCb*" J WI.IOM KChMO k- bw*l<1 Susman. Godfrey & McGowan 1400 ALLlCO BANK alaza HOUSTON. TCXAS 77002 October 13, 1983 r> tuieow The Honorable Franees Bennett District Cleric Brazoria County Courthouse 400 N. Velasco Angleton, Texas 77515 Re: Cause Ho. 81-G-1331; Barbara A. Meyer v. Johns-Manville Sales Corporation, et al., in the 239th Judicial District Court of Brazoria County, Texas Dear Ms. Bennett: Enclosed for filing among the papers of the refererr -ise are the Responses of Georgia-Pacific Corporation to Interrogatories of Dow Chemical Company. By copy of this letter, all counsel of record have been forwarded a copy of same by United States Certified Mail, Return Receipt Requested. Please stamp the copy attached herein and return in the enclosed postage-paid envelope for our files. Thank you for"your attention to this matter. Sincerely, m HLG:jdw/07/03 Enclosure H. Lee Godfrey RECEIVED crp ; : iSM rj;GAL DEPARTMENT rREEPORT cc: (Certified Mail/Return Receipt Requested) Taim edge Boyd, Esq. Williams & Boyd 1212 Main Street, Suite 500 Houston, Texas 77002 Steve Bryant, Esq. Martin, Sperry 6c LeBoeuf 1302 McGowen Houston, Texas 77004 James L. Ware, Esq. McLeod, Alexander, Powell 6r Apfel 802 Rosenberg P.O. Box 629 Galveston, Texas 77553 Steve A. Kam Esq. Wyckoff, T Dunn 6c Frazier 1800 Souttu.-.. atn'l Bank Bldg. Houston, Texas 77002 ST0009979 George A. Weller, Esq. Kyle Wheelus, Jr., Esq. Weller, Wheelus 6c Green P. O. Box 350 Beaumont, Texas 77704 Stephen S. Andrews, Esq. Woodard, Hall 6c Prlmm 300 Esperson Building Houston, Texas 77002 Samuel E. Stubbs, Esq. Fulbright & Jaworsld 800 Bank of the Southwest Houston, Texas 77002 John R. Pearson, Esq. Clann 6c Pearson 20th Floor, Allied Bank Tower 1300 Poet Oak Blvd. Houston, Texas 77056 Lipscomb NorveU, Jr-, Esq. Benckenstein, NorveU 6c Berased P.O.Box 551 1305 Petroleum Bldg. Beaumont, TX 77004 v Andrew S. Hanen, Esq. Andrews 6c Kurth 4200 Texas -> erce Tower Houston. "002 Andrew T. McKinney, Esq. Bean 6c Manning 90S Cullen Center Bank Bldg. 600 Jefferson Street Houston, Texas 77002 Jim Barker, Esq. Talbert, Giessel 6c Stone 1800 Commerce 914 Main at Walker Houston, Texas 77002 Donald R. Hallmark, Esq. Boswell 6c Hallmark 1600 InterFirst Plaza Houston, Texas 77002 Gregory Neill Jones, Esq. John Roberson, Esq. Franklin, CardweU 6c Jones 5300 Memorial, Suite 700 Houston, Texas 77007 F. Walter Conrad, Esq. Baker 6c Botts One SheU Plaza Houston, Texas 77002 Jeffrey McClure, Esq. Ms. Elizabeth M. Thompson Butler 6c Binion 1600 AUied Bank Plaza Houston, Texas 77002 O. J. Weber, Esq. Mehaffy, Weber, Keith 6c Gonsoulin San Jacinto Building Beaumont, Texas 77001 Walter T. Weathers, Jr., Esq. Sewell 6c Riggs 800 Capital Bank Plaza Houston, Texas 77002 Mark Romnes, Esq. Unarco Industries 332 S. Michigan Ave. Chicago, Illinois 60604 Jack E. Urquhart, Esq. James H. Powers, Esq. Holtzman & Urquhart Five Greenway Plaza Conoco Tower, Suite 600 Houston, Texas 77046 Ronald E. Cook, Esq. Mayor, Day & Caldwell PennzoQ Place, North Tower 700 Milam Houston, Texas 77002 Richard J. JcEephson, Esquire Bako* & Bolts 3000 One Shell Plaza Houston, Texas 77002 Edward J. Hennessy, Esq. Edward J. Hennessy & Associates 506 Caroline Houston, Texas 77002 Frank Caton, Esq. Crain, Caton, James & Womble 3300 Two Houston Center Houston, Texas 77002 Robert B. Thornton, Esq. Richard J. Reynolds, m., Esq. Thornton, Summers, Biechlin, Dunham & Brown 1900 Tower Life Bldg. San Antonio, Texas 78205 Michael Hendryx, Esq. Weitinger, Steelhammer & Tucker 12th Floor, ico Tower 8 Greenway Plaza Houston, Texas 77046 John T. Golden, Esquire Vinson & Elkins First City Tower Houston, Texas 77002 Kerry Neves, Esq. Mills, Shirley, McMlcken & Eckel 700 Interflrst Bank Bldg. Galveston, Texas 77550 ST0009980