Document J3RKNppqZEo5jd4KKeoxE8L8O

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 74-W-524 HERBERT EDWIN GIBSON and FURL D. GIBSON, Plaintiffs, vs. JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) DEFENDANT UNARCO, INC.'S ANSWERS TO FIRST SET OF INTERROGATORIES COMES NOW Defendant Unarco and answers the First Set of Interrogatories as follows: Note: The answers given by defendant Unarco, Inc. are subject to the following: 1. Answers are given only in relation to the Unarco's asbestos operations. It is assumed that answers relative to manufacture of other items are beyorld plaintiffs' area of inquiry as they would not be pertinent or relevant to the subject matter of the lawsuit. If Unarco's interpretation of the scope of plaintiffs' interrogatories is not correct, then Unarco hereby objects to all interrogatories, the scope of which extends to manufacture of products other than asbestos. 2. Unarco has not been involved in the asbestos business for several years. Its files, such as it may still have, relative to asbestos operations are inactive or closed. Unarco has not, at this time and without either plaintiffs' agreement to pay all reasonable expenses to be incurred, made any search of such files. While it cannot now be determined what expense may be involved in searching for or through files, it appears that such would involve substantial time and expense which may be entirely without productive results. To the extent that plaintiffs' interrogatories intend to call for such a search defendant Unarco objects to them. 3. Unarco, we believe, may have been involved in litigation in the past, wherein the issues may have been somewhat similar to those involved herein. At the present time counsel is attempting to determine whether the foregoing statement is factual and, if so, whether discovery of matters similar to those now inquired into was con ducted and, if so, what was learned by counsel in that case or cases. If there has been such litigation and if the interrogatories filed therein were similar and if enough information was developed in such case to answer the interrogatories and if present counsel is able to obtain such information, it may be possible to provide further response to plaintiffs' interrogatories without incurring the substantial expense referred to above. ANSWERS: A. Robert J. Penn - Vice-President -- Finance B. No, but see paragraphs 1, 2, and 3 above. In view of the fact Unarco v/as not in the asbestos business during all of the time referred to the numbered paragraphs are deemed inapplicable and cannot be answered further at this time. C. See paragraphs 1, 2 and 3 above. D. See paragraphs 1, 2, and 3 above. UNARCO INDUSTRIES, INC. STATE OF ILLINOIS ) COUNTY OF Cook ) __________) ss. ' ROBERT J. PENN, being first duly- sworn upon his oath, deposes and says that he is Vice-President - Finance, of Unarco Industries, Inc. that he is authorized to make the foregoing answers for and on behalf of Unarco Industries, Inc.; and that to the best of his information and belief said answers are true. 1974. Robert j[/Pr'enn Subscribed ans sworn to before me this 14/7 day of v /_ . . .. \ Witness my hand and official seal. f My commission expires: ___________May 18. 1977 Notary Public 2 I hereby certify that I have this 14th day of August ___ 197 74 , served the foregoing__Answers to Interrogatories__________________ 'upon "all counsel of record by placing true copies in the United States Mai], postage prepaid, addressed as follows: , WILLIAMS, TRINE & GREENSP.C. William A. Trine, J. Conard Metcalf f^sq. 1405 Arapahoe Avenue Boulder, Colorado 80302 R. JERRY RUSSELL, ESQ. Garden Office Center Broomfield, Colorado 80020 Attorneys for Plaintiffs WOOD, RIS & HAMES, P.C. William K. Ris, Esq. 900 Denver Club Building Denver, Colorado 80202 Attorneys for Johns-Manville Products Corporation DOSH, DeMOULIN, ANDERSON & CAMPBELL Jack Kent Anderson, Esq. 6780 East Hampden Avenue Denver, Colorado 80222 Attorneys for Eagle-Picher Industries, Inc. TILLY AND GRAVES James L. Tilly, Esq. Capitol Life Center Denver, Colorado 80203 Attorneys for Armstrong Cork Company SHELDON, BAYER, McLEAN & GLASMAN Richard McLean, Esq. American National Bank Building Denver, Colorado 80202 Attorneys for Owens-Corning Fiberglass Corporation KENNETH C. GROVES, ESQ. 1000 Capitol Life Center Denver, Colorado 80203 Attorney for Fibreboard Corporation MADDEN & STRATE, P.C. William Madden, Esq. 2201 Kipling Street Denver, Colorado 80215 Attorneys for Combustion Engineering, Inc. ZARLENGO, MOTT & ZARLENGO American National Bank Building Denver, Colorado 80202 Attorneys for Standard Asbestos Manufacturing & Insulating Company WHITE S STEELE John Clough, Esq. 1660 Lincoln Tower Buildhg 1660 Lincoln Street: Denver, Colorado 80203 WYATT AND SOMMERMEYER 870 Savings Building Fort Collins, Colorado 80521 Attorneys for Pittsburgh Corning Corporation DAVIS, GRAHAM & STUBBS Robert IT. Harry, Esq. John F. Welborn, Esq. 1200 American National Bank Building Denver, Colorado 80202 Attorneys for Ruberoid Company JAMES E. ELLIOTT, JR., ESQ, 1050 Seventeenth Street Denver, Colorado 80202 Attorney for A. H. Bennett Company IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 74-W-524 HERBERT EDWIN GIBSON and FURL D. GIBSON, Plaintiffs, vs. JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation, et al., Defendants. ) } ) ) ) ) ) ) ) ) ) ) DEFENDANT UNARCO, INC.'S ANSWERS TO SECOND SET OF INTERROGATORIES COMES NOW Defendant Unarco and answers the Second Set of Interrogatories as follows: Note: The answers given by defendant Unarco, Inc. are subject to the following: 1. Answers are given only in relation to the Unarco's asbestos operations. It is assumed that answers relative to manufacture of other items are beyond plaintiffs' area of inquiry as they would not be pertinent or relevant to the subject matter of the lawsuit. If Unarco's interpretation of the scope of plaintiffs' interrogatories is not correct, then Unarco hereby objects to all interrogatories, the scope of which extends to manufacture of products other than asbestos. " 2. Unarco has not been involved in the asbestos business for several years. Its files, such as it may still have, relative to asbestos operations are inactive or closed. Unarco has not, at this time and without either plaintiffs' agreement to pay all reasonable expenses to be incurred, made any search of such files. While it cannot now be determined what expense may be involved in searching for or through files, it appears that such would involve substantial time and expense which may be entirely without productive results. To the extent that plaintiffs' interrogatories intend to call for such a search defendant Unarco objects to them. 3. Unarco, we believe, may have been involved in litigation in the past, wherein the issues may have been somewhat similar to those involved herein. At the present time counsel is attempting to determine whether the foregoing statement is factual and, if so, whether discovery of matters similar to those now inquired into was con ducted and, if so, what was learned by counsel in that case or cases. If there has been such litigation and if the interrogatories filed therein were similar and if enough information was developed in such case to answer the interrogatories and if present counsel is able to obtain such information, it may be possible to provide further response to plaintiffs' interrogatories without incurring the substantial expense referred to above. ANSWERS: 1. Robert J. Penn - Vice-President -- Finance The defendant answers the following interrogatories only with respect to asbestos in order to avoid dealing with irrelevancies. 2. No. 3. No. 4. None presently known which deal specifically with the matter referred to, however please see introductory Notes 1, 2, and 3 above. 5. Not presently known, however please see introductory Notes 1, 2, and 3 above. 6. Not presently known, however please see introductory Notes 1, 2, and 3 above. 7. Not presently known, however please see introductory Notes 1, 2, and 3 above. 8. Probably not but see introductory Notes 1, 2, and 3 above. 9. Probably not but see introductory Motes 1, 2, and 3 above. 10. Probably not but see introductory Notes 1, 2, and 3 above. 11. Probably not but see introductory Notes 1, 2, and 3 above. 12. Probably not but see introductory Nmttes 1, 2, and 3 above. 13. Probably not. Please see introductory Notes 1, 2, and 3 above. 14. If you refer to physicians engaged to consult regarding manufacturing standards, probably none. 15. None so far as known at this time. 16. Unable to answer at this time because of the long laps? of time since involvement in asbestos manufacture- See introducto^ -2- Notes 1/ 2, and 3 above. 17- Unknown at this time. See introductory Notes 1, 2, and 3 above. 18. Not applicable. 19. Not known at this time. See introductory Notes 1, 2, and 3 above. 20. Not known at this time. See introductory Notes 1, 2, and 3 above. 21. Not at this time. See introductory Notes 1, 2, and 3 above. 22. Not known at this time. See introductory Notes 1, 2, and 3 above. 23. Not known at this time but see introductory Notes 1, 2, and 3 above. 24. (a) Unknown at this time. See introductory Notes 1, 2, and 3 above, We are attempting to obtain further information and if obtained plan to answer further. 25. Unknown at this time. See introductory Notes 1, 2, and 3 above. 26. No. 27. Unknown. Records not available. See introductory Notes 1, 2 and 3 above. 28. Not known. 29. Not so far as known 30. Not so far as known 31. Not so far as known 32. Not so far as known UNARCO INDUSTRIES Vice-Preside STATE OF ILLINOIS COUNTY OF Cook ) )` ) ss. ROBERT J. PENN, being first duly sworn upon his oath, deposes and says that he is Vice-President - Finance, of Unarco Industries, Inc.; that he is authorized to make the foregoing answers for and on behalf ^>f TJnarco Industries, Inc.; and that to the best of his information and belief said answers are true. Sub i scribed and sworn to before me this C , 1974. 1---------- . Witness my hand and official seal. My commission expires: May 18, 1977 . " ............ Notary Public day of -4- 1 hereby certify that I have this 197 74 , served the foregoing 14th day of August Answers to Interrogatories _________________upon "all counsel of record by placing true copies.in the"United States Mail, postage prepaid, addressed as follows: WILLIAMS, TRINE & GREENSTEIN, . William A. Trine, Esq/ J. Conard Metcalf, >4oe*r 1405 Arapahoe Avenue Boulder, Colorado 80302 R. JERRY RUSSELL, ESQ. Garden Office Center Broomfield, Colorado 80020 Attorneys for Plaintiffs WOOD, RIS & HAMES, P.C. William K, Ris, Esq. 900 Denver Club Building Denver, Colorado 80202 Attorneys for Johns-Manvilie Products Corporation DOSH, DeMOULIN, ANDERSON & CAMPBELL Jack Kent Anderson, Esq. 6780 East Hampden Avenue Denver, Colorado 80222 Attorneys for Eagle-Picher Industries, Inc. TILLY AND GRAVES James L. Tilly, Esq. Capitol Life Center Denver, Colorado 80203 Attorneys for Armstrong Cork Company SHELDON, BAYER, McLEAN & GLASMAN Richard McLean, Esq. American National Bank Building Denver, Colorado 80202 Attorneys forOwens-Corning Fiberglass Corporation . KENNETH C. GROVES, ESQ. 1000 Capitol Life Center Denver, Colorado 80203 Attorney for Fibreboard Corporation MADDEN & STRATE, P.C. William Madden, Esq. 2201 Kipling Street Denver, Colorado 80215 . Attorneys for Combustion Engineering, Inc. ZARLENGO, MOTT & ZARLENGO American National Bank Building Denver, Colorado 80202 Attorneys for Standard Asbestos Manufacturing & Insulating Company WHITE fi STEELE John Clough, Esq. 1660 Lincoln Tower Buildiig 1660 Lincoln Street Denver, Colorado 80203 WYATT AND SOMMERMEYER 870 Savings Building Fort Collins, Colorado 80521 Attorneys for Pittsburgh Corning Corporation DAVIS, GRAHAM & STUBBS Robert H. Harry, Esq. John F. Welborn, Esq. 1200 American National Bank Buildinq Denver, Colorado 80202 Attorneys for Ruberoid Company JAMES E. ELLIOTT, JR., ESQ. 1050 Seventeenth Street Denver, Colorado 80202 Attorney for A. H. Bennett Company * IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 74-W-524 HERBERT EDWIN GIBSON and FURL D. GIBSON, vs. Plaintiffs, JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation , et al.. Defendants, ) DEFENDANT UNARCO, INC.'S ANSWERS TO THIRD SET OF INTERROGATORIES COMES NOW Defendant Unarco, Inc. and answers the Third Set of Interrogatories as follows: 1. Not applicable. Not in asbestos business. 2. Not in the asbestos business. If the interrogatory seeks information concerning other businesses, it is objected to as irrelevant and beyond the scope of permissible inquiry. 3. See answers 1 and 2. STATE OF ILLINOIS COUNTY OF Cook ) ss. ) ROBERT H. PENN, being first duly sworn upon his oath, deposes and says that he is Vice-President - Finance, of Unarco Industries, Inc. that he is authorized to make the foregoing answers for and on behalf of Unarco Industries, Inc.; and that to the best of his information and belief said answers are true. 1974. Robert J. Peru Subscribed and sworn to before me this Witness my hand and official seal. My commission expires:________ MAY 18, 1977 day of Notary Public I hereby certify that I have this 14th day of August____ 19 7 74 , served the foregoing___Answers to Interrogatories _____________ ____________ upon all counsel of record by placing true copies in the United States Mail, postage prepaid, addressed as follows: WILLIAMS, TRINE & William A. Trine. J. Conard MetcaH^ Esq. 1405 Arapahoe Avenue Boulder, Colorado 80302 R. JERRY RUSSELL, ESQ. Garden Office Center Broomfield, Colorado 80020 Attorneys for Plaintiffs WOOD, RIS & HAMES, P.C. William K, Ris, Esq. 900 Denver Club Building Denver, Colorado 80202 Attorneys for Johns-Manvilie Products Corporation DOSH, DeMOULIN, ANDERSON & CAMPBELL Jack Kent Anderson, Esq. 6780 East Hampden Avenue Denver, Colorado 80222 Attorneys for Eagle-Picher Industries, Inc. TILLY AND GRAVES James L. Tilly, Esq. Capitol Life Center Denver, Colorado 80203 Attorneys for Armstrong Cork Company . SHELDON, BAYER, McLEAN & GLASMAN Richard McLean, Esq. . American National Bank Building Denver, Colorado 80202 Attorneys for Owens-Corning Fiberglass Corporation KENNETH C. GROVES, ESQ. 1000 Capitol Life Center Denver, Colorado 80203 Attorney for Fibreboard Corporation MADDEN & STRATE, P.C. William Madden, Esq. 2201 Kipling Street Denver, Colorado 80215 Attorneys for Combustion . Engineering, Inc. ' ZARLENGO, MOTT & ZARLENGO American National Bank Building Denver, Colorado 80202 Attorneys for Standard Asbestos Manufacturing & Insulating Company WHITE S STEELE John Clough, Esq. 1660 Lincoln Tower Buildhg 1660 Lincoln Street Denver, Colorado 80203 WYATT AND SOMMERMEYER 870 Savings Building Fort Collins, Colorado 80521 Attorneys for Pittsburgh Corning Corporation DAVIS, GRAHAM & STUBBS Robert H. Harry, Esq. John F. Welborn, Esq. 1200 American National Bank Building Denver, Colorado 80202 Attorneys for Ruberoid Company JAMES E. ELLIOTT, JR., ESQ. 1050 Seventeenth Street Denver, Colorado 80202 Attorney for A. H. Bennett Company IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 76-1503-1 Harold d. tuttle. Plaintiff, vs JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation, et al., Defendants. ) ) ) DEFENDANT UNARCO INDUSTRIES, ) INC.'S ANSWERS TO FIRST SET ) OF INTERROGATORIES ) ) ) ) ) COMES NOW Defendant Unarco and appearing specially for this purpose and without waiver of its special appearance answers the Interrogatories as follows: Note: The answers given by Defendant Unarco, Inc. are subject to the following: 1. Answers are given only in relation to the Unarco's asbestos operations. It is assumed that answers relative to manufacture of other items are beyond plaintiff's area of inquiry as they would not be ' pertinent or relevant to the subject matter of the lawsuit. If Unarco's interpretation of the scope of plaintiff's interrogatories is not correct, then Unarco hereby objects to all interrogatories, the scope of which extends to manufacture of products other than asbestos. 2. Unarco has not been involved in the asbestos business for several years. Its files, such as it may still have, relative to asbestos operations are inactive or closed. Unarco has not, at this time and without either plaintiff's agreement to pay all reasonable expenses to be incurred, made any search of such files While it cannot now be determined what expense may be involved in searching for or through files, it appears that such would involved substantial time and expense which may be entirely without productive results. To the extent that plaintiff's interrogatories intend to call for such a search defendant Unarco objects to them. 3, Unarco, we believe, may have been involved in litigation in the past, wherein the issues may have been somewhat Similar to those involved herein. At the present time counsel is attempting to determine whether the foregoing statement is factual and, if so, whether discovery of matters similar to those now inquired into was con ducted and, if so, what was learned by counsel in that case or cases. If there has been such litigation and if the interrogatories filed therein were similar and if enough information was developed in such case to answer the interrogatories and if present counsel is able to obtain such information, it may be possible to provide further response to plaintiff's interro gatories without incurring the substantial expense referred to above, ANSWERS: A. Robert J, Penn - Vice-President --- Finance B. No, but see paragraphs 1, 2, and 3 above. In view of the fact Unarco was not in the asbestos business during all of the time referred to the numbered paragraphs are deemed inapplicable and cannot be answered further at this time. C. See paragraphs 1, 2 and 3 above. D. See paragraphs 1, 2, and 3 above. UNARCO INDUSTRIES, INC. STATE OF ILLINOIS COUNTY OF ) ROBERT J. PENN, being first duly sworn updn his oath, deposes and says that he is Vice-President - Finance, of Unarco Industries, Inc.; that he is authorized to make the foregoing answers for and on behalf of Unarco Industries, Inc.; and that to the best of his information and belief said answers are true. Address of Defendant: 332 S. Michigan Ave. Chicago, IL 60604 1976. Subscribed and sworn to before me this Witness my hand and official seal. /(fyC day of +lm-<'-/ // / <y - My commission expires: My Commission Expires Juno h/9 A' 2 I hereby certify that I have this 12th day of July, 1976, served true copies of the foregoing Answers to Interrogatories upon all counsel of record by placing said true copies in the U.S. Mail, postage prepaid, addressed as follows: J. CONARD METCALF, ESQ. WILLIAM A. TRINE, ESQ. Williams, Trine and Greenstein, 1405 Arapahoe Avenue Boulder, Colorado 80302 P.C. WILLIAM K. RIS, ESQ. Wood, Ris & Haines, P.C. 900 Denver Club Building Denver, Colorado 80202 l-lMfc * J ?J V IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 76-1503-1 HAROLD D. TUTTLE, vs. , Plaintiff, JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation, et al. , Defendants. ) ) ) ) DEFENDANT UNARCO INDUSTRIES, ) INC.'SANSWER TO SECOND SET ) OF INTERROGATORIES ) ) ) ) COMES NOW Defendant Unarco and appearing specially for this purpose and without waiver of its special appearance answers the Interrogatories as follows: Note: The answers given by Defendant Unarco, Inc. are subject to the following: 1. Answers are given only in relation to the Unarco's asbestos operations. It is assumed that answers relative to manufacture of other items are beyond plaintiff's area of inquiry as they would not.be pertinent or relative to the subject matter of the lawsuit. If Unarco's interpretation of the scope of plaintiff's interrogatories is not correct, then Unarco hereby objects to all interrogatories, the scope of which extends to manufacture of products other than asbestos. Unarco has not been involved in the asbestos business for several years. Its files, such as it may still have, relative to asbestos operations are inactive or closed. Unarco has not, at this time and without either plaintiff's agreement to pay all reasonable expenses to be incurred, made any search of such files. While it cannot now be determined what expense may be involved in searching for or through files, it appears that such would involve substantial time and expense which may be entirely without productive results. To the extent that plaintiff's interrogatories intend to call for such a search defendant Unarco objects to them. 3. Unarco, we believe, may have been involved in litiga tion in the past, wherein the issues may have been somewhat similar to those involved herein. At the present time counsel is attempting to determine whether the foregoing statement is factual and, if so, whether discovery of matters similar to those now inquired into was conducted and, if so, what was learned by counsel in that case or cases. If there has been such litigation and if the interrogatories filed therein were similar and if enough information was developed in such case to answer the interrogatories and if present counsel is able to obtain such informa- -tion, it may be possible to provide further response to plaintiff's interrogatories without incurring the substantial expense referred to above. ANSWERS: 1. Robert J. Penn - Vice-President -- Finance The defendant answers the following interrogatories only with res pect to asbestos in order to avoid dealing with irrelevancies. 2. No. 3. No. 4. None presently known which deal specifically with the matter referred to, however please see introductory Notes 1, 2 and 3 above. 5. Not presently known, however please see introductory Notes 1, 2 and 3 above. 6. Not presently known, however please see introductory Notes 1, 2 and 3 above. 7. Not presently known, however please see introductory Notes 1, 2 and 3 above. 8. Probably not but see introductory Notes 1, 2 and 3 above. 9. Probably not but see introductory Notes 1, 2 and 3 above. 10. Probably not but see introductory Notes 1, 2 and 3 above. 11. Probably not but see introductory Notes 1, 2 and 3 above. 12. Probably not but see introductory Notes 1, 2 and 3 -2- above. 13. Probably not. Please see introductory Notes 1, 2 and 3 above. 14. If you refer to physicians engaged to consult regard ing manufacturing standards, probably none. 15. None so far as known at this time. 16. Unable to answer at this time because of the long lapse of time since involvement in asbestos manufacture. See introductory Notes 1, 2 and 3 above. 17. Unknown at this time. See introductory Notes 1, 2 and 3 above. 18. Not applicable. 19. Not known at this time. See introductory Notes 1, 2 and 3 above. 20. Not known at this time. See introductory Notes 1, 2 and 3 above. 21. Not at this time. See introductory Notes 1/2, and 3 above. 22. Not known at this time. See introductory Notes 1, 2 and 3 above. 23. Not known at this time but see introductory Notes 1, 2 and 3 above. 24. (a) Unknown at this time. See introductory Notes 1, 2 and 3 above. We are attempting to obtain further information and if obtained plan to answer further. 25. Unknown at this time. See introductory NOtes 1, 2 and 3 above. 26. No. 27. Unknown. Records not available. See introductory Notes 1, 2 and 3 above. 28. Not known. -3- 29. Not so far as known. 30. Not so far as known. 31. Not so far as known. 32. Not so far as known. 33. Not known at this time. See introductory Notes 1, 2 and 3 above. 34. Not known at this time. See introductory Notes 1, 2 and 3 above. 35. Not known at this time. See introductory Notes 1, 2 and 3 above. 36. Not known at this time. See introductory Notes 1, 2 and 3 above. UNARCO INDUSTRIES, INC. o Address of Defendant: Unarco Industries, Inc.: 332 South Michigan Avenue Chicago, IL 60604 STATE OF ILLINOIS COUNTY OF ) ss. ) ROBERT J. PENN, being first duly sworn upon his oath, deposes and says that he is Vice-President - Finance, of Unarco Industries, Inc.; that he is authorized to make the foregoing answers for and on behalf of Unarco Industries, Inc.; and that to the best of his information and belief said answers are true. sc*. Robert J. Eferjh Subscribed and sworn to before me this /g/ day ___ 1976 Witness my hand and offical seal. My commission expi^s: My Commission Expires June 16tl\ 1979 . Notary Public I hereby certify that I have this 12th day of July, 1976, served true copies of the foregoing Answers to Interrogatories upon all counsel of record by placing said true copies in the U.S. Mail, postage prepaid, addressed as follows: J. CONARD METCALF, ESQ. WILLIAM A. TRINE, ESQ. Williams, Trine and Greenstein, 1405 Arapahoe Avenue Boulder, Colorado 80302 P.C. WILLIAM K. RIS, ESQ. Wood, Ris & Haines, P.C. 900 Denver Club Building Denver, Colorado 80202 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 76-1503-1 HAROLD D. TUTTLE, vs. Plaintiff, JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation, et al., Defendants. ) ) ) DEFENDANT UNARCO INDUSTRIES, ) INC.'S ANSWERS TO THIRD SET OF ) INTERROGATORIES ) ) ) ) ) COMES NOW Defendant Unarco and appearing specially for this purpose and without waiver of its special appearance answers the Interrogatories as follows: 1. Not applicable. Not in asbestos business. 2. Not in the asbestos business. If the interrogatory seeks information concerning other businesses, it is objected to as irrelevant and beyond the scope of permissible inquiry. 3. See answers 1 and 2. Address of Defendant: Unarco Industries, Inc.: 332 South Michigan Avenue Chicago, IL 60604 STATE OF ILLINOIS ) ^ / ) ) ss. COUNTY OF ___C ROBERT J. PENN, being first duly sworn upon his oath, deposes and says that he is Vice-President - Finance, of Unarco Industries, Inc.; that he is authorized to make the foregoing answers for and on behalf of Unarco Industries, Inc.; and/that to the best of his information and belief s^aiidd. answers ayree true. Subscribed and sworn to before me this ~__?_C_____ day of official seal. My Commission Expire? Notary Public ) A I hereby certify that I have this 12th day of July, 1976, served true copies of the foregoing Answers to Interrogatories upon all counsel of record by placing said true copies in the U.S. Mail, postage prepaid, addressed as follows: J. CONARD METCALF, ESQ. WILLIAM A. TRINE, ESQ. Williams, Trine and Greenstein, 1405 Arapahoe Avenue Boulder, Colorado 80302 P.C. WILLIAM K. RIS, ESQ. Wood, Ris & Haines, P.C. 900 Denver Club Building Denver, Colorado 80202 4-& IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 77-0609-1 GEORGE L. SCHNEIDER, and his wife, KATE SCHNEIDER, Plaintiffs, v. JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation, UNARCO INDUSTRIES, INC., an Illinois corporation, G.A.F. CORPORATION, a Delaware corporation, STANDARD ASBESTOS MANUFACTURING AND INSULATING COMPANY, a Missouri corporation, OWENS-CORNING FIBERGLAS CORPROATION, a Delaware corporation, PITTSBURGH CORNING CORPORATION, a Pennsylvania corporation, THE CELOTEX CORPORATION, a Delaware corporation, CERTAIN--TEED PRODUCTS CORPORATION, a Maryland corporation, NICOLET INDUSTRIES, a Pennsylvania corproation, and 48 INSULATION, INC., an Illinois corporation, FIBREBOARD CORPORATION, a Delaware corporation, and EAGLE-PICHER INDUSTRIES, an Ohio corporation, RILEY STOKER CORPORATION, a Massachusetts corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNARCO'S ANSWERS TO FIRST SET OF INTERROGATORIES COMES NOW defendant UNARCO INDUSTRIES, INC., by and through its attorneys, Weller, Friedrich, Hickisch and Hazlitt, and answers plaintiffs' interrogatories as follows: Note: The answers given by this defendant are subject to the following: 1. Answers are given only in relation to Unarco's asbestos operations. It is assumed that answers relative to manufacture of other items are beyond plaintiffs' area of inquiry as they would not be relevant or designed to lead to the discovery of relevant information. If Unarco's interpretation of the scope of plaintiffs' interrogatories is not correct, then Unarco hereby objects to all such interrogatories, the scope of which extends to manufacture of products other than asbestos. 2. Unarco has not been involved in the asbestos business for several years. Its files have been disposed of by either giving them to the purchasers of the various segments of its former asbestos business or were destroyed after the sale of the last asbestos plant in 1970. 3. Unarco has been involved in litigation wherein the issues have been somewhat similar to those involved here. Counsel is now attempting to determine whether discovery of matters similar to those now inquired into was conducted and, if so, what was learned by counsel in that case or cases. If the discovery filed therein was similar and if enough information was developed in such case to respond to the discovery and if present counsel is able to obtain such information, it may be possible to provide further responses to plaintiffs' interrogatories without incurring substantial expense. QA: Please state the official title or position in defendant corporation of the person or persons answering these Interrogatories and signing the same. AA; QBl: Robert J. Penn, Vice President - Finance. i For that period of time commencing in the year 1951 through 1976 inclusive, please answer the below interrogatories: Did your company have distributorships or dealers in the State of Colorado to which your insulation or other products were distributed? Al: Unable to answer. See Introductory Notes 1, 2, and 3. Q2Did you have a business relationship with any person or business in the State of Colorado for the purpose of distributing your products? If so, state: (a) Please state the name and address of all persons or businesses in the State of Colorado with which youhad a business relationship, whether direct or indirect. (b) How long have you had a business relationship with each such person or business? (c) What is the purpose of the business relationship? (d) Are your products eventually sold to the general public in the State of Colorado through persons or businesses in the State of Colorado with which you have a business relationship? A2: See Introductory Notes 1, 2, and 3. Q3: Did your company promote the sales of your products through the advertising media in the State of Colorado? If so, state: (a) Please state the type media used for such advertising, i.e., television, magazines, newspapers, etc. (b) Are any national television networks used for 2 publicizing your products by your company? If so, please state which programs are sponsored by your products and on which net works. (c) Did your company sponsor advertisement for the sale of your products in any nationally distributed magazines? If so, which magazine? (d) Did your company sponsor any other advertising in any news media on a national scale? If so, please state and describe the nature of such advertising. (e) Had your company sponsored any advertising in any news media in the State of Colorado including newspapers, magazines, etc., distributed in Colorado, local television programming or any national television programs that would be received in Colorado? If so, please describe the nature of such advertising. (f) If your company had sponsored any advertising as set forth in any of the above paragraphs, please state whether this advertising or comparable advertising was being used or sponsored by your company for the sale of your products during the year 1976 and prior thereto. A3: See Introductory Notes 1, 2, and 3. Q4: Did your company keep any books or records on the number of your products distributed to the State of Colorado and sold ~ in the State of Colorado? If so, how long had such books or records been kept and where are they located? A4: See Introductory Notes 1, 2 and 3. Q5: Did your company keep any books or records on the quantity of insulation distributed to the State of Colorado and/or sold or used in the State of Colorado? If so, state: (a) How long had such books or records been kept and where are they located? (b) Did such records reflect the name of the ultimate purchasers of insulation in Colorado? (c) Did such records reflect the dates and quantities of 3 insulation purchased and by whom? (d) Did such records reflect the name and address of each purchaser or of any purchasers of insulation? ' A5: See Introductory Notes 1, 2, and 3. Q6: Did your company keep any books or records on the quantity, number or amount of your products distfibuted to the State of Colorado and sold in the State of Colorado which contain or are manufactured with asbestos, and which products would include products other than insulation? If so, state: (a) How long had such books or records been kept and where are they located? ' (b) Did such records reflect the names of the ultimate purchasers of such products in Colorado? (c) Did such records reflect the dates and quantities of such products purchased and by whom? (d) Did such records reflect the name and address of each purchaser,or of any purchasers of such products? A6:' See Introductory Notes 1, 2, and 3. Q7: Did your company distribute any information on the main tenance of your products? If so, state: - (a) What use is made of such information on maintenance of your products? ' (b) Is any of this information distributed to any persons or businesses in the State of Colorado? A7 : See Introductory Notes 1, 2, and 3. Q8: Is your company the insured on a liability insurance policy that would cover the incident referred to in the Complaint? If so, set forth in detail the name or names of insurance companies involved the policy number; the name of the insured; the amount of coverage provided by each such policy; and whether there is other insurance which would be considered secondary coverage, umbrella coverage, reinsurance, or other policies that take effect only if the primary coverage is used in full. 4 A8: Defendant is unable to fully and accurately respond to the interrogatory until plaintiffs specifically state the time, place, and specific acts of which complaint is made against this defendant. Until that time, defendant is unable to fully determine what law governs, what acts would or would not be covered, what policy periods are involved, and what other coverage may be available. However, defendant can state that it has had coverage supplied by the following insurers in the following amounts at certain periods of time: Zurich America 100,000/300,000 6/58-1/61 Zurich America 500,000/500,000 1/61-11/64 Bituminous Casualty 500,000/500,000 11/64-1970 Continental Insurance Continental Insurance 500,000/500,000 2,000,000/1,000,000 11/70-1976 1977- Q9: Has your corporation been doing business in the State of Colorado, either directly or indirectly? If so, state: (a) What is the nature of the business done in the State of Colorado? (b) How long .have you been doing business in the State of Colorado? A9: See Introductory Notes 1, 2, and 3. Q10: Did you have contracts with any persons or businesses in the State of Colorado that involve your products, directly or indirectly? If so, state: (a) State the nature of those contracts or agreements. (b) How long have you had such contracts or agreements with any person or business in the State of Colorado, and when was each such contract or agreement entered into? A10: See Introductory Notes 1, 2, and 3. Qll: Did you make long distance phone calls to any person or business in the State of Colorado that was related, directly or indirectly, to your products? If so, state: (a) Approximately how many such phone calls were made 5 per year. (b) What was the general nature of the business conducted by telephone? (c) How long had you been conducting business by telephone to persons or corporations or businesses in the State of Colorado? (d) Did any of the telephone calls made relate, directly . or indirectly, to the sale of your products? (e) Had your company been systematically and continuously doing business, directly or indirectly, within the State of Colorado? If so, for how long? All: See Introductory Notes 1, 2, and 3. Q12: Did you collect bills or debts due and owing or accounts receivable from any person or business in the State of Colorado arising out of the maintenance, repair, manufacture or sale of your products? If so, state: (a) What person or businesses in the State of Colorado did you systematically collect accounts or handle credit matters for? (b) How long had you been doing this? (c) What percentage of your entire accounts receivable came from the State of Colorado on an annual basis? (d) Were any of your employees or agents involved in the collection of accounts after delivery of your products in the State of Colorado? .. A12: See Introductory Notes 1, 2, and 3. Q13: Had you ever brought suit in the State of Colorado or been sued in the State of Colorado? If so, state: (a) Please state the caption of each lawsuit and the Court in which it was filed together with the year it was filed. (b) Had you ever retained attorneys in the State of Colorado to prosecute lawsuits or defend the same? If so, please state the name of any such attorney or law firm, the address and the caption of the lawsuit involved. 6 A13: See Introductory Notes 1, 2, and 3. The following infor mation is available, however: (a) Herbert Edwin Gibson et ux v. Johns-Manville ' Products Corporation, et al. United States . District Court, Civil Action No. 74-W-524, filed in 1974; Alvin L. Morris et ux. v. Johns-Manville Products Corporation, et al., Colorado District Court for the County of Boulder, Civil Action No. 75-1504-1, filed in 1975; Harold D. Tuttle v. Johns-Manville Products Corporation, et al., Colorado District Court for the County of Boulder, Civil Action No. 76-1503-1, file d in 1976; Jack Tuttle v. Johns-Manville Products Corporation, et al., Colorado District for the County of Denver, Civil Action No. C-65700, filed in 1976. Court (b) William H. Hazlitt, Weller, Friedrich, Hickisch and Hazlitt, 900 Capitol Life Center, Denver, Colorado for all of those above listed actions. Q14: Did you maintain any office in the State of Colorado? If so, state: (a) State the address of each such office. (b) Were any such offices listed in the telephone directory? (c) The name of the agent or person responsible for each such office. (d) Was such agent, employee, or person a resident of the State of Colorado? A14: No. Q15: During the years in question, did any of your employees, agents or subcontractors travel to the State of Colorado on company business regarding your products? If so, state: (a) How many such trips were made in the years in question? (b) How many trips were made by air fare? (c) How many trips were made by other transportation means such as automobile or train? (d) What was the nature of the business conducted in the /- n State of Colorado by such person? A15: See Introductory Notes 1, 2, and 3. Q16: During the years in question, did your company systemati cally and continuously solicit sales of its products throughout Colorado by systematic distribution of sales literature and brochures to various persons and businesses within the State of Colorado? If not: (a) Did you have a representative make such distribution? If so, please state the name of the representative. (b) Did you use an independent contractor or third person to make such distribution? If so, please state the name of such independent contractor or third person. A16: See Introductory Notes 1, 2, and 3. Q17: During the years in question, did you accept purchase orders for your products from anyone or any business in the State of Colorado? If so, state: (a) How many such purchase orders in each year in question? (b) Which person or businesses did you receive purchase orders from? (c) As a result of such purchase orders, were your products distributed in the State of Colorado? A17: See Introductory Notes 1, 2, and 3. Q18: Had your company performed services in the State of Colorado pursuant to any express or implied warranties on your products? Were you doing this in the years in question herein? A18: See Introductory Notes 1, 2, and 3. Q19: Had you carried on any business or transactions by mail with persons or businesses in the State of Colorado regarding your products? If so, state: (a) Were you doing this in the years in question herein? (b) Which persons or businesses were involved in the years in question herein? A19 : See Introductory Notes 1, 2, and 3, Q20: Had any recall letters or recall literature been distributed in the State of Colorado by your company? If so, state ' (a) The date and nature of each such recall letter or information. (b) Did any recall occur in the years in question herein? If so, please state the nature of that recall. A20: See Introductory Notes 1, 2, and 3. QC: For the period of time commencing in the year 1936 through the year 1942, inclusive, and again commencing in the year 1945 through the year 1955, inclusive, please answer the below-listed questions: 1. - 20. (All questions set forth in Section B, supra., are hereby incorporated herein by reference and wherever the word "Colorado" appears, please substitute therefor the word "ohio". In short, please apply questions B 1. - B. 20. to the State of Ohio for the time periods above set forth. ACl: AC 2 : AC 3 : AC 4 : See Introductory Notes 1, 2, and 3. See Introductory Notes 1, 2, and 3. See Introductory Notes 1, 2, and 3. See Introductory Notes 1, 2, and 3. . AC 5 : AC 6 : AC 7 : ACS: See Introductory Notes 1, 2, and 3. See Introductory Notes 1, 2, and 3. See Introductory Notes 1, 2, and 3. Defendant is unable to fully and accurately respond to the interrogate ay until plaintiffs specifically state the time, place, and specific acts of which complaint is made against this defendant. Until that time, defendant is unable to fully determine what law governs, what acts would or would not be covered, what policy periods are involved, and what other coverage may be available. However, defendant can state that it has had coverage supplied by the following insurers in the following amounts at. certain periods of time: 9 Zurich America 100,000/300,000 6/58-1/61 Zurich America 500,000/500,000 1/61-11/64 Bituminous Casualty 500,000/500,000 11/64-1970 Continental Insurance 500,000/500,000 1970-1976 Continental Insurance 2,000,000/1,000,000 1977- AC 9 : See Introductory Notes 1, 2, and 3. AC 10: See Introductory Notes 1/ 2, and 3. ACll: See Introductory Notes 1, 2, and 3. AC12 : See Introductory Notes 1/ 2, and 3. AC13 : See Introductory Notes 1, 2, and 3. list of lawsuits filed against UNARCO in Ohio relating to UNARCO's asbestos operations: (a) . Frank R. Allore, C-76-447, 5/5/76. Wilfred R. Baumgartner, C-75-1057, 12/11/75. Nellie V. Breedlove, C-74-1130, 12/9/74. John F. Burke, C-73-239, 3/2/73. Reba Chaddock, C-75-102, 2/5/75. Harriet L. Drinkard, C-76-1318, 12/16/76. Earl J. Grice, C-76-883, 8/20/76. Robert J. Harter, C-75-452, 5/28/75. Mary C. Kearns, C-73-70, 1/24/73. James P. McGinnis, C-74-1077, 11/24/74. John McKinnie, C-75-377, 4/29/75. James E. McLaughlin, C-74-923, 10/11/75. Mary R. McNeeley, C-75-74, 1/27/75. Elmer J. Measor, C-73-238, 3/21/73. Ray E. Mellott, C-75-1058, 12/4/75. Mary Muntean, C-73-199, 2/23/73. Kenneth J. Murphy, C-75-453, 5/28/75. Rose A. Ricci, C-72-507, 5/18/72. Evelyn Roderman, C-72-390, 4/24/72. Betty Sedlock, C-72-395, 4/25/72. Joseph E. Sedlock, C-76-1098, 10/12/76. Jessie E. Starnes, C-76-46, 1/16/76. Elbert H. Steele, C-75-359, 4/25/75. Norma L. Swisher, C-77-162, 2/17/77. J All these suits were filed in teh United States District Court for the Northern District of Ohio. (b) Robert Archibald, McNeal, Schick, Archibald & Carlson, 520 Williamson Building, Cleveland, Ohio 44114. AC14 : No. AC 15 : ACl 6 : AC17: See Introductory Notes 1, 2, and 3. See Introductory Notes 1, 2, and 3. See Introductory Notes 1, 2, and 3. AC 18 : > ACl 9. See Introductory Notes 1, 2, and 3. See Introductory Notes 1, 2, and 3. 10 AC20: See Introductory Notes 1, 2, and 3. UNARCO INDUSTRIES, INC. Financial Vice President Unarco Industries, Inc. 332 South Michigan Avenue Chicago, IL COUNTY OF COOK STATE OF ILLINOIS ss 1977. Subscribed and sworn to before me this day of /' A- ^ ... Notary Publi 11 "SSF" I hereby certify that I have this 27th day of April, 1977, served true copies of the foregoing Unarco's Answers to First Set of Interrogatories upon all counsel of record by placing true copies of same in the United States Mail, postage prepaid, addressed as follows: William A. Trine, Esq. WILLIAMS, TRINE & GREENSTEIN, 1405 Arapahoe Avenue Boulder, CO 80302 P.C. William K. Ris, Esq. WOOD, RIS & HAMES 900 Denver Club Building Denver, CO 80202 Albert E. Zarlengo, Jr., Esq. ZARLENGO, MOTT & ZARLENGO 1020 American National Bank Building Denver, CO 80202 David B. Higgins, Esq. LONG & JAUDON, P.C. 3,10 Denver Club Building Denver, CO 80202 John Clough, Esq. WHITE AND STEELE 1660 Lincoln Tower Denver, CO 80203 Building WYATT AND SOMMERMEYER 870 Savings Building Fort Collins, CO 80521 KENNETH C. GROVES, ESQ. 1000 Capitol Life Center Denver, CO 80203 Jack Kent Anderson, Esq. DeMOULIN, ANDERSON, CAMPBELL 6780 East Hampden Avenue Denver, CO 80222 AND LAUGESEN 12 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 77-0609-1 GEORGE L. SCHNEIDER, and his wife, ) KATE SCHNEIDER, ) ) Plaintiffs, ) ) v. ) ) JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation, UNARCO INDUSTRIES, INC., an Illinois corp ) ) ) oration, G.A.F. CORPORATION, a Delaware ) UNARCO'S corporation, STANDARD ASBESTOS MANU ) ANSWERS TO FACTURING AND INSULATING COMPANY, a ) SECOND SET OF Missouri corporation, OWENS-CORNING ) INTERROGATORIES FIBERGLAS CORPORATION, a Delaware ) corporation, PITTSBURGH CORNING ) CORPORATION, a Pennsylvania corporation, ) THE CELOTEX CORPORATION, a Delaware ) corporation, CERTAIN--TEED PRODUCTS ) CORPORATION, a Maryland corporation, ) NICOLET INDUSTRIES, a Pennsylvania corporation, and 48 INSULATION, INC., ) ) an Illinois corporation, FIBREBOARD ) CORPROATION, a Delaware corporation, and EAGLE-PICHER INDUSTRIES, an Ohio corporation, RILEY STOKER CORPORATION, a Massachusetts corporation. ) ) ) ) ) Defendants. ) COMES NOW defendant UNARCO INDUSTRIES, INC., by and through its attorneys, Weller, Friedrich, Hickisch and Hazlitt, and answers plaintiffs' interroagories as follows: Note: The answers given by this defendant are subject to the following: 1. Answers are given only in relation to Unarco's asbestos operations. It is assumed that answers relative to manufacture of other items are beyond plaintiffs' area of inquiry as they would not be relevant or designed to lead to the discovery of relevant information. If Unarco's interpretation of the scope of plaintiffs' interrogatories is not correct, then Unarco hereby objects to all such interrogatories, the scope of which extends to manufacture of products other than asbestos. 2. Unarco has not been involved in the asbestos business for several years. Its files have been disposed of by either giving them to the purchasers of the various segments of its former asbestos business or were destroyed after the sale of the last asbestos plant in 1970. , 3. Unarco has been involved in litigation wherein the issues have been somewhat similar to those involved here. Counsel is now attempting to determine whether discovery of matters similar to those now inquired into was conducted and if so, what was learned by counsel in that case or cases. If the discovery filed therein was similar and if enough information was developed in such case to respond to the discovery and if present counsel is able to obtain such infor mation, it may be possible to provide further responses to plaintiffs' interrogatories without incurring substantial expense. . Ql: Please state the official title or position in defendant corporation of the person or persons answering these Interrogatories and signing the same. . Al: Robert J. Penn, Vice President - Finance. Q2: Do you manufacture insulation? If so, state: (a) The location of each manufacturing plant which you operate, own or control, which has manufactured insulation or presently does manufacture insulation and the dates or time period that each such plant manufactured insulation. (b) With regard to each such manufacturing plant or facility, please describe what geographic areas such plant distributed or sold insultation in, to wit, the precise geographic area of distribution and if this changed from time to time, describe what time periods distribution was made and in what geographic areas. (c) Does your insulation contain amosite or has your manufactured insulation at any time contained amosite? If so, please state which manufacturing facilities or plants manufacture insulation containing amosite or which such facilities or plants have ever manufactured insulation containing amosite and over what time periods. (d) Does your insulation contain chrysotile or has your manufactured insulation at any time contained chrysotile? If so, please state which manufacturing facilities or plants manufacture insulation contain chrysotile or which such facilities or plans have ever manufactured insulation containing O  chrysotile and over what time periods. (e) If your insulation at one time contained amosite, but no longer does, please state the date that amosite was no longer used in each manufacturing plant or facility, and please state why you ceased using amosite. (f) If your insulation at one time contained chrysotile, but no longer does, please state the date that chrysotile was no longer used in each manufacturing plant or facility, and please state why you ceased using chrysotile. (g) Are you presently in possession of any insulation manufactured for sale or distribution which contains amosite, i.e., in storage or stock-piled, etc.? If so, please state the location or locations of such insulation and the approximate amount of such insulation in storage or stock-piled. (h) Are you presently in possession of any insulation manufactured for sale or distribution which contains chrysotile, i.e., in storage or stock-piled, etc.? If so, please state the location or locations of such insulation and the approximate amount of such insulation in storage or stock-piled. (i) If you are no longer selling and distributing insulation containing amosite, please state when the last sale or distribution of insulation containing amosite occurred and at what factory or location. (j) If you are no longer selling and distributing insulation containing chrysotile, please state when the last sale or distribution of insulation containing chrysotile occurred and at what factory or location. (k) Please state each and every brand name under which any and all of your asbestos containing products were at any time since 1937 marketed, including for each such brand name listed the following information: , (1) The type of material bearing a particular brand name, for example, but not by way of limitation, "mud", "cement", or "powder", "blankets", "blocks", or the like; 3 (2) The date when each such brand name product was first placed on the market for sale; (3) The date when each such brand name product ceased to be marketed; (4) The specific function or purpose of each brand name product; (5) The chemcial composition of each brand name product; (6) The geographical area of distribution for each such brand name product. A2: No, but see Introductory Notes 1, 2, and 3. Q3: Do you manufacture any products other than insulation which contain asbestos fibers? If so, state; (a) Please describe in detail the type product so manufactured, where the same is manufactured, and how long you have manufactured such products. (b) The location of each manufacturing plant which you operate, own or control, which has manufactured any other such products or presently does manufacture such products and the dates or time period that each such plant manufactured such products. (c) With regard to each such manufacturing plant or facility, please describe what geographic areas such plant distributed or sold such products in, to wit, the precise geographic areas of distribution and if this changed from time to time, describe what time periods distribution was made and in what geographic areas. . (d) Do such products contain amosite or have your manufactured products at any time contained amosite? If so, please state which manufacturing facilities or plants manufacture such products containing chrysotile or which such facilities or plants have ever manufactured products containing chrysotile and over what time periods. (e) Do such products contain chrysotile or have your 4 manufactured products at any time contained chrysotile? If so, please state which manufacturing facilities or plants manufacture such products containing chrysotile or which such facilities or plants have ever manufactured products containing chrysotile and over what time periods. (f) If your products at one time contained amosite, but no longer do, please state the date that amosite was no longer used in each manufacturing plant or facility, and please state why you ceased using amosite. (g) If your products at one time contained chrysotile, but no longer do, please state the date that chrysotile was no longer used in each manufacturing plant or facility, and please state why you ceased using chrysotile. (h) Are you presently in possession of any products manufactured for sale or distribution which contain amosite, i.e., in storage or stock-piled, etc.? If so, please state the location or locations of such products and the approximate amount of such products in storage or stick-piled. (i) Are you presently in possession of any products manufactured for sale or distribution which contain chrysotile, i.e., in storage or stock-piled, etc.? If so, please state the location or locations of such products and the approximate amount of such products in storage or stock-piled? , (j) If you are no longer selling and distributing products containing amosite, please state when the last sale or distribution of such products containing amosite occurred and at what factory or location. (k) If you are no longer selling and distributing products containing chrysotile, please state when the last sale or distribution of such products containing chrysotile occurred and at what factory or location. A3: No. Q4: Please state what records, if any, are kept under your supervision, direction or control with reference to the names of _ cr _ employees or former employees or agents of your company who have become diseased, ill, disabled, or deceased as a result of: (1) cancer of the lung; (2) cancer of the stomach; (3) asbestosis; (4) mesothelioma; or (5) any illness or condition which may have been related to exposure to asbestos; i.e., heart disease, cancer of the throat or anus, etc. If so, state: (a) Please characterize or describe in general terms the nature of the statistics or information which you have accumulated and over what time periods. (b) Does such information include the names of employees, addresses, names of doctors, treating such employees, or their present location or address? (c) Are such records kept for each manufacturing plant or facility which you own, operate or control? If not, please describe for each such plant or facility, what such records, if any, are kept or maintained and for what periods of time. A4: See Introductory Notes 1, 2, and 3. Q5: Has your company had internal rules or regulations at any time pertaining to the threshhold limit of numbers of asbestos particles contained in a cubic foot of air, or some other formula or standard? If so, state: , (a) Please state the precise rule or regulation in effect at various times, and if the rule or regulation varied from time to time, please state the date or dates that such rule was changed and describe the precise threshhold limit value of asbestos particles per cubic foot of air in effect at various times. (b) If the threshhold limit varied from manufacturing plant to manufacturing plant within your corporation or organization, please describe the variance in detail and the threshhold limit placed on each plant, by name and description. (c) Did the threshhold limit rule or policy in effect at any given time pertain to dust particles per cubic foot or asbestos fibers per cubic foot? . U (d) If the threshhold limit pertained to asbestos fibers, please state and describe in detail the monitoring equipment in use to monitor or determine the number of asbestos fibers per cubic foot of air. In doing so, please state brand name, date of monitoring equipment and otherwise describe the monitoring equipment in sufficient terms so that the same can be identified. (e) If the monitoring equipment to determine threshhold limits varied from time to time, please state which monitoring equipment was used for various time periods and when that monitoring equipment was exchanged for new or different equipment. A5: No. Q6: Is your corporation a member of the Industrial Hygiene . Foundation of America? If so: (a) How long has your corporation bee n a member of said foundation? (b) Please state the anme or names of persons within your corporation who have attended meetings of said foundation. (c) Has your corporation rendered financial assistance to said foundation? If so, over what period of time? (d) To your knowledge, when was that foundation organized and how long has it been in existence? (e) To your knowledge, what is the purpose or function of that foundation? . A6: No. Q7: Is your corporation a nember of the American Conference of Governmental Industrial Hygienists? If so: (a) How long has your corporation been a member of said conference? (b) Please state the name or names of persons within your corporation who have attended meetings of said conference. (c) Has your corporation rendered financial assistance to said conference? If so, over what period of time? (d) To your knowledge, when was that conference organized and how long has it been in existence? (e) To your knowledge, what is the purpose or function of that conference? A7: No. ' Q8: Is your corporation a member of the Asbestos Textile Institute? If so: (a) How long has your corporation been a member of said institute? (b) Please state the name or names of persons within your corporation who have attended meetings of said institute. (c) Has your corporation rendered financial assistance to said institute? If so, over what time period? (d) To your knowledge, when was that institute organized and how long has it been in existence? (e) To your knowledge, what is the purpose or function of that institute? A8: No. , Q9: Is your corporation a member of the Asbestos Information Association of North America? If so: (a) How long has your corporation been a member of said association? (b) Please state the name or names of persons within your corporation who have attended meetings of said association. (c) Has your corporation rendered financial assistance to said association? If so, over what period of time? (d) To your knowledge, when was that institute organized and how long has it been in existence? (e) To your knowledge, when was that association organized and how long has it been in existence? A9: No. Q10: Is your corporation a member of the Institute of Occupational and Environmental Health of the Quebec Asbestos Mining Association? If so: , (a) How long has your corporation been a member of said institute? ti (b) Please state the name or names of persons within your corporation who have attended meetings of said institute. (c) Has your corporation rendered financial assistance to said institute? If so, over what period of time? (d) To your knowledge, when was that institute organized and how long has it been in existence? (e) To your knowledge, what is the purpose or function of said institute? A10: No. . Qll: Is your corporation a member of the Institute of Occupational and Environmental Health? If so: (a) How long has your corporation been a member of said institute? (b) Please state the name or names of person within your corporation who have attended meetings of said institute. (c) Has your corporation rendered financial assistance to said institute? If so, over what period of time? .(d) To your knowledge, when was that institute organized and how long has it been in existence? (e) To your knowledge, what is the purpose or function of said institute? . All: No. Q12: Is your corporation a member of the Quebec Asbestos Mining Association? If so: (a) How long has your corporation been a member of said association? . (b) Please state the name or names of persons within your corporation who have attended meetings of said association. (c) Has your corporation rendered financial assistance to said association? If so, over what period of time? (d) To your knowledge, when was that association organized and how long has it been in existence? (e) To your knowledge, what is the purpose or function of that association? A12 : No. Q13: Have you at any time contributed to or financially supported the Department of Epidemiology and Health of McGill University? If so: (a) Please state what contributions or financial support you have rendered and over what period of time. A13: No. Q14: Please state the name or names of all medical physicians that you have paid or retained on a consulting basis with reference to' possible asbestos fiber-related diseases or illnesses and the last known address of each such physician. With reference thereto, please state: (a) For each such physician, please state the project that such physician worked on and the time period involved. (b) For each such physician, please state the nature of his responsibilities or duties. (c) For each such physician, please state which manu facturing plant or facility that said physician worked in, had contact with, or studied. ' (d) With reference to each such physician, please state whether written reports were submitted containing findings, statistical information, or the results of any studies performed or conducted by sucn physicians on your behalf. A14: To the best of our knowledge we have never retained physicinas for such services, but see Introductory Notes 1, 2, and 3. Q15: Please state the name or names of all industrial engineers, chemists or other independent professional persons other than physicians that you have paid or retained on a consulting basis with reference to what work or studies they did with regard to asbestos threshhold counts, monitoring asbestos fibers in the atmosphere, ventilation systems, respirators, etc. With reference thereto, please state: (a) For each such person, please state the nature of his responsibilities or duties. 10. - - ii (b) For each such person, please state the project that such person worked on and the time period involved. (c) For each such person, please state which manufacturing plant or facility that said person worked in, had contact with, or studied. . (d) With reference to each such person, please state whether written reports were submitted containing findings, statistical information, or the results of any studies performed or conducted by such persons on your behalf. A15: To the best of our knowledge no such persons were employed in the capacities stated. Q16: With regard to the manufacture of insulation containing asbestos particles, please answer the following questions: (a) Have you ever placed cautionary or warning signs or instructions on' the packaging or crates containing asbestos insulation and, if so, please state verbatim the language contained on such warning or cautionary instruction. (b) Please state the date or dates that each such warning or cautionary instruction was first used and in what manner the same was used. (c) For each such warning or cautionary instruction, please state the manner in which the same was affixed or attached to any packaging or crating above-described. (d) If convenient to do so, please attach a copy of such warning or cautionary instruction. (e) Did such warning or cautionary instruction relate to or pertain in any way to any health hazard created by exposure to asbestos dust? A16: (a) "CAUTION - This product contains asbestos fiber. Inhalation of asbestos in excessive quantities over long periods of time may be harmful. If dust is created when this product is handled, avoid breathing the dust. If adequate ventilation control is not possible, wear respirators approved by the U. S. Bureau of 11 Mines for pneumoconiosis producing dusts. (b) Beginning in the late ,1960's. (c) The labels were gummed and affixed to the packaging of the products. .(d) Attached please find a photocopy of defendant's said warning label. (e) Yes. Q17: Have you ever advised those using your products of your so-called threshhold limits? If you did, describe exactly how you advised those using your products of such threshhold limits, the precise language used in the warning or advice given, and the date or dates that you instituted such procedures. Al7: The limited information available to us at the present time is not sufficient to permit us to fully answer. To ,the best of our present knowledge, however, the answer is in the negative. But see Introductory Notes 1, 2, and 3. Q18: If you did not advise those using your products of such threshhold limits, explain why you did not. A18: Do to the fact that we have but limited information presently available to us, as stated in interrogatory 17, and therefore are unable to definitely state whether we have ever advised those using our products of our so-called threshhold limits, we are unable to state with any certainty why we did or did not so advise. Q19: Has your corporation, or anyone acting on its behalf or pursuant to its directions or instructions, ever gone into the field and seen, observed, or counted, or in any way ascertained how much dust is created by the workers applying your products when such workers are in an enclosed area such as a building, factory, room, or confined space? If so: (a) Please state the date or dates of such observation or investigation and the place that such observation or investigation occurred. (b) Please state whether monitoring equipment was used. 12 this defendant to fully answer. Q21; Do you have in your possession any scientific studies, medical literature, or other documents or information not here tofore described, related to any health hazards, illnesses or disease that could possibly be related to asbestos industry? If so: (a) Please describe by title, author and date, each such study, article, document, book or literature. (b) For each such material, please state when you came into possession of same and what use has been made of same. (c) For each such material, please state whether the same has been made available to or disclosed to the board of directors of your company and/or the officers of your company. If so, please state when each such study, document or material was supplied or submitted to your board of directors or to any officer A21: No. A22: In October, 1964, the New York Academy of Sciences sponsored an international conference on the biological effects of asbestos, which conference was held at the Waldorf-Astoria. Was this conference attended by any representa tive or representatives of your corporation? If so: (a) Please state the full name and present address, if known, of the person or persons who attended this conference. (b) Please state the job title or position held in your corporation by each such person who attended said conference. (c) If you directed or instructed or paid some person not employed by your corporation to attend such conference, please state the name, address and title of such person or persons. (d) Did any person attending this conference at your reguest or on your behalf, submit a written report or written document of any kind to your corporation as a result of such conference? If so, please state the title of the document, the author of same, the date of same, and where a copy of same is 14 presently located. (e) Did any such person representing your corporation or attending said conference on your behalf, give a prepared talk or speech at said conference or make a statement to those present and, if so, please state the name and address of such person and whether such statement, talk or speech was reduced to writing. If so, please state where a copy of such speech or writing is located. A22: No. Q23: For each year subsequent to 1933, please state the name of your industrial health officer at each manufacturing plant or facility engaged in the manufacture of products containing asbestos Please state the present address of each such person, if known. A23: To our knowledge no such industrial health officers-were retained by this Company. Q24: Please state the number of workmen's compensation claims which have been filed by your employees claiming, asbestos-related illnesses or diseases in the following categories: (a) asbestosis (b) mesothelioma (c) cancer of thelungs (d) miscellaneous, including heart disease A24: With respect to subpart (a), see Introductory Notes 1, 2, and 3. Defendant objects to subparts (b) and (c) as irrelevant. Defendant objects to subpart (d) as irrelevant and overly broad, vague, ambiguous, and ill-defined. ' Q25: Please state the total amount of workmen's compensation benefits awarded to employees of your corporation for asbestos- related diseases or injury. In addition: (a) If possible, please categorize the total amount of workmen's compensation benefits paid geographically by state, and the amount for each category of illness or disease. A25: Defendant objects to this interrogatory on the grounds that 15 it is irrelevant, overly broad, vague, ambiguous, and ill-defined. See also Introductory Notes 1, 2, and 3. Q2 6: Have you at any time shut down an asbestos product manu facturing plant because of the high incidence of asbestos-related illnesses and diseases? If so: (a) Please state which plant was shut down and the date that dismantling of the plant began or the date that the same was sold to some other entity or industry. A26: No. _ Q27: Has your corporation at any time followed a policy, or procedure of terminating or discharging employees showing evidence of asbestos-induced illness or disease, at any plant or facility which you operate, maintain or control? If so: (a) Please state which plants or facilities have followed such a policy or procedure. (b) Please state when such policy or procedure was commenced or enacted. (c) Please state whether, for each such plant or facility, periodic medical examinations were required of all employees to determine whether evidence of asbestos-induced illness or disease was evidenced. A27: No. Q28: In February, 1972, the Advisory Committee on the Asbestos Standard, held hearings under the Occupational Safety and Health Act of 197.0, to determine what threshhold asbestos dust particle standards should be enacted under that federal legislation. Did any representative of your company, or anyone acting on your behalf, attend said hearing? If so: (a) Please state the name and address of each such person who did attend such hearing. . (b) Please state whether any such person gave testimony at said hearing and, if so, which person or persons. (c) Please state whether such testimony was given with 16 your consent and pursuant to your authority, direction and control (d) Please state whether a report was made to you with reference to the hearing so conducted and whether that report was in writing. If so, please state the author of the report, the i date of same and where a copy of same is presently located. (e) Did you receive a transcript of the testimony given at that hearing? (f) What position, if any, did your company take with reference to the threshhold standards that should be recommended by the Advisory committee of the Asbestos Standard? Was that position made known at the hearing held in February, 1972? A28: No. Q29: Two lawsuits were commenced against the Reserve Mining Company in the United States District Court in Minnesota and consolidated for trial before Judge Miles W. Lord, concerning the contamination of Lake Superior with asbestos, and trial commenced on the consolidated cases on August 1, 1973. Did any representative or anyone acting on your behalf, attend that trial or testify at that trial? If so: (a) Please state the name and address of each such person who attended the trial. (b) Please state the name and address of each such person who testified at that trial. (c) Did you receive a transcript of the testimony or a portion of same given at that trial and, if so, where is your copy of same located? A29: No, not to our knowledge. > Q30: Did Dr. Selikoff at any time request your corporation to make employment records available to him, so that he could under take a survey of some or all of the persons who have worked in one or more of your construction plants or facilities, or otherwise request that you furnish him with materials? If so: (a) Please state when the request was made and whether the same was oral or in writing. 17 (b) If in writing, please state the date of the document and, if you are willing to do so without a Motion to Produce, please attach a copy of same. (c) Please state what information or records Dr. Selikoff sought. (d) Please state what your response was to Dr. Selikoff. (e) If that response was in writing, please set forth the response verbatim, or, if convenient, please attach a copy hereto. (f) If you were willing to cooperate with Dr. Selikoff, please state why? A30: Q31: No, not to our knowledge. Is your corporation in possession of the study done by Dr. Muriel L. Newhouse of the Department of Occupational Health at the London School of Hygiene and Tropical Medicine, which study sets forth the results of her investigation of 76 cases of mesothelioma? If so: (a) Please state when you received a copy of such study and where your copy is located. (b) What use, if any, was made of that study. A31: No. Q32: Are you in possession of the study done by Dr. G. J. Thompson, of South Africa, relating to the incidence of lung disease to asbestos dust exposure in the industrial areas of South Africa? If so: (a) Please state when you received a copy of such study and where your copy is located. A32: (b) No. What use, if any, was made of that study. Q33: Have you at any time since 1937 supplied raw or unfinished asbestos or asbestos containing material to any other entity or person to be used by that entity or person in the manufacture or fabrication of other products? . 18 A33: Not to our knowledge. Our products were principally used in their final form as manufactured by the Company. Q34: If the answer to 33 above is affirmative, please state the name or names and locations of each and every person to whom you supplied raw or unfinished asbestos and the date or dates when such entity or person was so supplied. A34: Not applicable. Q35: Did you distribute finished asbestos containing products to wholesalers or jobbers at any time between 1937 and 1974? A3 5: Yes. . . Q36: If the answer to 35 above is affirmative, please state the name, location and date or dates such wholesaler or jobber was supplied with finished asbestos products. A36: Our principal customers were railroad contractors and distributors for ultimate use in oil, chemical, steel and mill supply industries. Since we have not been in the business for approximately seven years and records are no longer available it is impossible to answer this interrogatory as to specific dates, locations, and names of all wholesalers and jobbers who handled our products between 1937 and 1974. However, it is known that key distributors of our products were the Aber Co. in Houston, Texas; Gabler Insulations in New Orleans, La.; W. F. Lane Co. in San Francisco, California; Philadelphia Asbestos in Philadelphia, Pennsylvania; Eastern Refractories in Boston, Massachusetts; C. E. Thruston & Sons in Norfolk, Virginia; Insulation Services in Tulsa, Oklahoma; Badham Insulations in Birmingham, Alabama. . UNARCO INDUSTRIES, INC COUNTY OF COOK STATE OF ILLINOIS ) ss. Robert J. P^nn Financial Vice President Unarco Industries, Inc. 332 South Michigan Avenue Chicago, IL 1977. Subscribed and sworn to before me this .;Jo / CL day of u # % / ( tVM *A/"'& i\i;-jIJ! 'i13f nLI (T* i[i>'n\i THIS PRODUCT CONTAINS ASBES TOS FIBER. INHALATION OF AS BESTOS IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL IF DUST IS CREATED WHEN THIS PRODUCT IS HANDLED, AVOID BREATHING THE DUST. IF ADE QUATE VENTILATION CONTROL IS NOT POSSIBLE, WEAR RESPIRA TORS APPROVED BY THE U.S. BUREAU OF MINES FOR PNEUMO CONIOSIS PRODUCING DUSTS. r * i i.. IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 77-0609-1 GEORGE L. SCHNEIDER, and his wife, ) KATE SCHNEIDER, ) Plaintiffs, ) ) ) vs. ) ) JOHNS-MANVILLE PRODUCTS CORPORATION, ) a Delaware corporation, UNARCO INDUSTRIES, ) INC., an Illinois corporation, G.A.F. CORPORATION, a Delaware corporation, STANDARD ) ) ASBESTOS MANUFACTURING AND INSULATING ) COMPANY, a Missouri corporation, OWENS- ) CORNING FIBERGLAS CORPORATION, a Dela- ) ware corporation, PITTSBURGH CORNING CORPORATION, a Pennsylvania corporation, ) ) THE CELOTEX CORPORATION, a Delaware corporation, CERTAIN--TEED PRODUCTS ) ) CORPORATION, a Maryland corporation, ) NICOLET INDUSTRIES, a Pennsylvania corpora- ) tion, and 48 INSULATION, INC., an Illinois ) corporation, FIBREBOARD CORPORATION, a Delaware corporation, and EAGLE-PICHER ) ) INDUSTRIES, an Ohio corporation, RILEY STOKER ) CORPORATION, a Massachusetts corporation, ) Defendants. UNARCO'S ANSWERS TO THIRD SET OF INTERROGATORIES COMES NOW defendant UNARCO INDUSTRIES, INC., by and through its attorneys, Weller, Friedrich, Hickisch and Hazlitt, and answers plaintiffs' interroga tories as follows: Q1 : If you are willing to do so, without notice to produce, please attach a copy of the last annual financial statement prepared for your corporation for the last fiscal or calendar year, to reflect assets, liabilities, net profit or earnings. A1 : We are willing to produce a copy of our latest financial statement. Attached please find our annual report for the year 1976. Q2 : If you are unwilling to attach a copy of such statement, please set forth, verbatim, the content of such financial statement. A2 : See answer to Interrogatory No. 1. Q3 : Was such statement prepared on an accrual basis of accounting, or cash basis? A3 : This statement was prepared on an accrual basis of accounting. Robert J. Penn - Fina(ndial Vice President Unarco Industries, Inc. 332 South Michigan Avenue Chicago, Illinois COUNTY OF COOK STATE OF ILLINOIS ) ) ss: ) SUBSCRIBED AND SWORN to before me this ,?o/l day of 1977. )/ ......-cY-a- Notary Public My ebtnmissi&n Expires June 16th' 19/9 My commission expires: I hereby certify that I have this 27th day of April, 1977, served true copies of the foregoing Unarco1s Answers to Third Set of Interrogatories upon all counsel of record by placing true copies of same in the United States Mail, postage prepaid, addressed as follows: ' William A. Trine, Esq. WILLIAMS, TRINE & GREENSTEIN, 1405 Arapahoe Avenue Boulder, CO 80302 P.C. William K. Ris, Esq. WOOD, RIS & HAMES 900 Denver Club Building Denver, CO 80202 Albert E. Zarlengo, Jr., Esq. ZARLENGO, MOTT & ZARLENGO 1020 American National Bank Building Denver, CO 80202 .. David B. Higgins, Esq. LONG & JAUDON, P.C. 310 Denver Club Building Denver, CO 80202 . John Clough, Esq. WHITE. AND STEELE 1660 Lincoln Tower Denver, CO 80203 Building WYATT AND SOMMERMEYER 870 Savings Building Fort Collins, CO 80521 . KENNETH C. GROVES, ESQ. 1000 Capitol Life Center Denver, CO 80203 . Jack Kent Anderson, Esq. DeMOULIN, ANDERSON, CAMPBELL AND LAUGESEN 6780 East Hampden Avenue Denver, CO 80222 3 47-77 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 77-0609-1 GEORGE L. SCHNEIDER, and his wife, KATE SCHNEIDER, Plaintiffs, vs. JOHNS-MANVILLE PRODUCTS CORPORATION, a Delaware corporation, UNARCO INDUSTRIES, INC., an Illinois corporation, G.A.F. CORPORATION, a Delaware corporation, STANDARD ASBESTOS MANUFACTORING AND INSULATING COMPANY, a Missouri corporation, OWENS-CORNING FIBERGLAS CORPORATION, a Delaware corporation, PITTSBURGH CORNING CORPORATION, a Pennsylvania corporation, THE CELOTEX CORPORATION, a Delaware corporation, CERTAIN--TEED PRODUCTS CORPORATION, a Maryland corporation, NICOLET INDUSTRIES, a Pennsylvania corporation, and 48 INSULATION, INC., an Illinois corporation, FIBREBOARD CORPORATION, a Delaware corporation, and EAGLE-PICHER INDUSTRIES, an Ohio corporation, RILEY STOKER CORPORATION, a Massachusetts corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNARCO INDUSTRIES INC.'S RESPONSES TO PLAINTIFFS' REQUEST FOR ADMISSIONS COMES NOW defendant UNARCO by and through its attorneys, Weller, Friedrich, Hickisch, and Hazlitt, and responds to plaintiffs' request for admissions as follows: NOTE: The answers given by this defendant are subject to the following: 1. Unarco has not been involved in the asbestos business for several years. Its files have been disposed of by either giving them to the purchasers of the various segments of its former asbestos business or they were destroyed after the sale of thalast asbestos plant in 1970. 2. Unarco has been involved in litigation wherein the issues have been somewhat similar to those involved here. Counsel is attempting to determine whether discovery of matters similar to those now inquired into was conducted and, if so, what was learned by counsel in that case or cases. If the discovery filed therein was similar and if enough information was developed in such case to respond to the discovery and if present counsel is able to obtain such information, it may be possible to provide further response to plaintiffs' requests 3. Objection is made to all requests which refer to diseases, ailments, or illnesses other than asbestosis on the ground that the complaint alleges that Plaintiff George L. Schneider has contracted only asbestosis and references to any other diseases, ailments or illnesses are irrelevant and not intended to lead to the discovery of relevant information ANSWERS:1 11 1. This defendant admits request 1, 8, 9, 10, 11, 16, 20g, 21, 22, and 135. 2. Requests 3 and 4 are not requests for admissions. If they are deemed to be requests, they are hereby denied. 3. Requests 81, 83, 96, and 153 are not applicable in light of this defendant's answers to other requests to which these requests make reference. 4. Requests 87, 117, 118, and 119 do not request admissions from this defendant and, if they do, they are hereby denied. 5. No request 36 is made and thus no answer is required. 6. Objection is made to number 17 on the ground that it is vague and ambiguous, that it fails to state by whom such classification is made, and that it is irrelevant as noted in Introductory Note 3 above. 7. Requests 26, 27, 28, 29, and 30 are denied on the ground, inter alia, that the Exhibits speak for themselves,* there is no Exhibit 2 attached to the Requests served upon this defendant; and, Exhibit A is, in part, illegible. 8. Request number 88 is denied. Each person's lungs are different. 9. Objections are made to requests 19, 37, 38, 46, 47, 48, 49, 50, 85, 86, 97, 99, 100, 104, 105, 106, 125, and 126 on the grounds that these requests are neither relevant nor designed to lead to the discovery of relevant information. 10. Objection is made to request 66 on the ground that as phrased, it is impossible to answer. 11. Objection is made to request 120 on the grounds that the request is neither relevant nor designed to lead to the discovery of relevant information; that it is unclear as to what report reference is made; that the request is vague and ambiguous; and that it calls for an opinion and not an admission of a fact. 12. Objection is made to request 101 on the grounds that the language of the request is ill-defined, ambiguous, and vague, and that it requires an opinion statement rather than an admission or denial of a fact in issue. 13. Requests 39, 43, 69, 102, 107, 112, 114, 115, 122, 123, 127, 128, 129, 130, 131, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, and 150 are denied for the following reasons: these requests ask this defendant to admit that a specific statement was made or printed and that certain reports or hearings were reduced to print or otherwise published. Apparently, plaintiff possesses copies of these writings or documents or has access to them, while defendant does not. See Introductory Note 1. If plaintiff will provide copies of such writings to defendant, defendant will consider admitting that such are genuine and authentic copies. But based solely upon the information given in the requests, this defendant is unable to admit or deny at this point, and thus denies the same. 14. Requests 70, 103, 108, and 116 are dependent upon requests which have been denied in paragraph 13 above. Should plaintiff furnish such writings and documents in the predicate requests, this defendant will consider whether it can admit or deny these requests, and until such time denies these requests. 15. Request 5 is denied. Defendant states that under some circumstances - not defined in the request - dust containing asbestos particles could be emitted. 16. Request 12 is denied. Defendant states that under some circumstances, not defined in this broad, vague and general request - dust containing asbestos particles could be emitted. 17. Defendant objects to requests 56, 57, 61, 63, 65, 68, 71, 72, 76, 78, 90, and 92 on the grounds that these requests are unanswerable as drafted for they call for speculation, are compound. r > and assume the truth of other matters to which no response has been requested. Defendant can not state "when it stopped beating its wife" if it is not established that such a battery was ever committed. 18. Defendant objects to request 73 on the following grounds: it is compound, vague, and incoherent; it can not be answered for the same reasons stated in paragraph 13 above, and no indication sufficient to respond is given as to what conference the request refers to. 19. Defendant objects to request 74 on the grounds that no letter is referred to in the predicate request, 69, and that therefore the request is incoherent, vague, and ambiguous. It is also objectionable for the same reasons as are stated in paragraph 15 above. 20. All other requests not specifically admitted are hereby denied. See also Introductory Notes 1, 2, and 3 above. WELLER, FRIEDRICH, HICKISCH, & HAZLITT By si* William H. Hazlitt, & Regt, o /% No. 963 Attorneys for Unarco Ihdustries 900 Capitol Life Center Denver, Colorado 80203 861-8000 Address of Defendant: Unarco Industries, Inc. 332 South Michigan Avenue Chicago, IL 60604 CERTIFICATE OF MAILING I hereby certify that I have this Jday of April, 1977, served true copies of the foregoing Unarco Industries Inc.'s Responses to Plaintiffs' Request for Admissions upon all counsel of record by placing true copies of same in the United States Mail, postage prepaid, addressed as follows: William A. Trine, Esq. WILLIAMS, TRINE & GREENSTEIN, 1405 Arapahoe Avenue Boulder, Colorado 80302 P.C. William K. Ris, Esq. WOOD, RIS & HAMES 900 Denver Club Building Denver, Colorado 80202 -4- r > ' Albert E. Zarlengo, Jr., Esq. ZARLENGO, MOTT & ZARLENGO 1020 American National Bank Building Denver, Colorado 80202 David B. Higgins, Esq. LONG & JAUDON, P.C. 310 Denver Club Building Denver, Colorado 80202 John Clough, Esq. WHITE AND STEELE 1660 Lincoln Tower Building Denver, Colorado 80203 WYATT AND SOMMERMEYER 870 Savings Building Fort Collins, Colorado 80521 Kenneth C. Groves, Esq. 1000 Capitol Life Center Denver, Colorado 80203 Jack Kent Anderson, Esq. DeMOULIN, ANDERSON, CAMPBELL AND LAUGESEN 6780 East Hampden Avenue Denver, Colorado 80222 -5- IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 74-1206-2 D In re: ASBESTOS CASES, ) UNARCO INDUSTRIES, INC.'S ) RESPONSE TO PLAINTIFFS' ) REQUEST FOR ADMISSIONS ) COMES NOW the Defendant Unarco Industries, Inc., by and through its attorneys, Weller, Friedrich, Hickisch and Hazlitt, in accordance with the new procedures pertaining to discovery as per the Order of Judge Dana dated August 30, 1977, to incorporate in its entirety the objections to and responses to Request for Admissions previously filed in Schneider v. Johns-Manville Products, et al., Civil Action No. 77-0609-1, as its complete Response to the Request for Admissions submitted in John Mathis vs. Johns-Manville, et al., 77-2014-2; in Patton B. Gilmore vs. Johns-Manville, et al., 77-2012-1; and in Willard Alvin Mark vs. Johns-Manville, et al., 77-2013-1. WELLER, FRIEDRICH, HICKISCH AND HAZLITT C~ By </ y William H. Hazlitt,Reg. -'No. 900 Capitol Life Center Denver, CO 80203 861-8000 Attorneys for Defendant Unarco Industries, Inc. 96 Address of Defendant Unarco Industries, Inc.: 332 South Michigan Avenue Chicago, IL 60604 p t.T I hereby certify that I have this 28th day of September, 1977, served true copies of the foregoing Unarco Industries, Inc.'s Response to Plaintiffs' Request for Admissions upon all counsel of record by placing said true copies in the United States Mail, postage prepaid, addressed as follows: Mr. William K. Ris Attorney at Law Wood, Ris & Hames 900 Denver Club Building Denver, CO 80202 Mr. Jack Kent Anderson Attorney at Law DeMoulin, Anderson, Campbell & Laugesen 6780 East Hampden Avenue Denver, CO 80224 Mr. William J. Madden Attorney at Law Madden and Strate 2201 Kipling Street Denver, CO 80215 Mr. James E. Elliott, Jr. Attorney at Law Elliott & Greengard 50 South Steele Street Suite 700 Denver, CO 80209 Mr. David B. Higgins Attorney at Law Long & Jaudon 310 Denver Club Building Denver, CO 80202 Mr. Richard P. Holme Attorney at Law Davis, Graham & Stubbs 950 - 175h Street Denver, CO 80202 Mr. Albert E. Zarlengo, Jr. Attorney at Law Zarlengo, Mott & Zarlengo 1020 American National Bank Denver, CO 80202 Building Mr. Donald E. LaMora Attorney at Law 430 North Tejon Suite 303 Colorado Springs, CO 80903 Mr. James F. Pamp Attorney at Law 101 University Boulevard Suite 420 Denver,CO 80206 Mr. Charles Q. Socha Attorney at Law Tilly & Graves 800 Steele Park 50 South Steele Street Denver, CO 80209 Mr. J. Conard Metcalf /S' Williams, Trine & Greenstein 1405 Arapahoe Avenue Boulder, CO 80302 Mr. Edward H, Widmann Yegge, Hall & Evans 1340 Denver Club Building Denver, CO 80202 Mr. Kenneth Groves Attorney at Law 1000 Capitol Life Center Denver, CO 80203 Mr, John Walberg Attorney at Law Walberg & Pryor 801 East 17th Avenue Denver, CO 80218 Mr. Michael Hilgers Attorney at Law Suite 712 Title Building 909 - 17th Street Denver, CO 80202 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF BOULDER STATE OF COLORADO Civil Action No. 79-CV-0559-1 MALCOLM J. PANTHER Plaintiff vs JOHNS-MANVILLE PRODUCTS CORPORATION, et al. ) ) PLAINTIFF'S INTERROGATORIES AND ) REQUESTS FOR ADMISSIONS TO THE ) DEFENDANT, UNARCO INDUSTRIES, INC ) (September 12, 1979) TO: DEFENDANT, UNARCO INDUSTRIES, INC., AND ITS ATTORNEYS OF RECORD: Plaintiff, by his undersigned counsel, propounds the within Interrogatories and Requests for Admissions to the Defendant, Unarco Industries, Inc., and requests that the Defendant, Unarco Industries, Inc., within 30 days after service of this request make the following admissions under oath, or if all or any part of these Requests for Admissions are denied that the Defendant, Unarco Industries, Inc., set forth in detail under oath the reasons why it cannot truth fully admit the truth of these matters. REQUEST FOR ADMISSION NO. 1 Admit that Exhibit A, Report of Investigation dated November 12, 1940, attached hereto is a true and correct copy of the original of Exhibit A. INTERROGATORY NO. 1 If your response to Request for Admission No. 1 is in the negative please state in detail your reasons for such response. REQUEST FOR ADMISSION NO. 2 Admit that Exhibit A attached hereto is an authentic document INTERROGATORY NO. 2 If your response to Request for Admission No. 2 is in the negative please state in detail your reasons for such response. REQUEST FOR ADMISSION NO. 3 Admit that the original of Exhibit A attached hereto was authored by McKenna & Harris. INTERROGATORY NO. 3 If your response to Request for Admission No. 3 is in the negative please state in detail your reasons for such negative response, and state who, to your knowledge, did in fact author Exhibit A, attached. REQUEST FOR ADMISSION NO. 4 Admit that the original of Exhibit A attached hereto was prepared by McKenna & Harris in the ordinary course of their duties as an employee or employees of Unarco Industries, Inc. INTERROGATORY NO. 4 If your response to Request for Admission No. 4 is in the negative please state in detail your reasons for such negative response, and state exactly what the relationship between Defendant Unarco Industries, Inc. and McKenna & Harris is. REQUEST FOR ADMISSION NO. 5 Admit that Exhibit A attached hereto was circulated within the corporate structure of Unarco Industries, Inc. INTERROGATORY NO. 5 If your response is in the negative to Request for Admission No. 5 please state in detail your reasons for such negative response. REQUEST FOR ADMISSION NO. 6 Admit that McKenna & Harris were, in 1940, agents, servants, employees, officers, or directors of Unarco Industries, Inc. -2- interrogatory NO. 6 If your response to Request for Admission No. 6 is in the negative please state in detail your reasons for such negative response, and explain exactly what relationship McKenna and Harris had to Defendant Unarco Industries, Inc. in 1940. INTERROGATORY NO. 7 Identify McKenna & Harris as to whether they are individuals, a business firm, a corporation, consultants, attorneys, insurors, or other and state their association with Unarco Industries, Inc., in 1940. INTERROGATORY NO. 8 Do you know if the original of Exhibit A attached hereto is in existence? INTERROGATORY NO. 9 If your response to Interrogatory No. 8 is in the affirmative, please state: 1. Who has custody, control or possession of the original of Exhibit A attached hereto. 2. The present location of the original of Exhibit A attached hereto. INTERROGATORY NO. 10 State the full name, last known address, and relationship to Defendant Unarco, Industries, Inc., of the "Dr. Cowan" referred to in Exhibit A. INTERROGATORY NO. 11 Identify by occupation and relationship to Defendant Unarco Industries, Inc., the people described in Exhibit A as "Messrs. Balch, Fehrs and Cahill", and their last known address. INTERROGATORY NO. 12 Identify by occupation and relationship to Defendant Unarco Industries, Inc., the person described in Exhibit A as "James Bennett". -3- REQUEST FOR ADMISSION NO. 7 Admit that Exhibit B, Report of Investigation, dated November 28, 1940, attached hereto is a true and correct copy of the original of Exhibit B. INTERROGATORY NO. 13 If your response to Request for Admission No. 7 is in the negative please state in detail your reasons for such response. REQUEST FOR ADMISSION NO. 8 Admit that Exhibit B attached hereto is an authentic document. INTERROGATORY NO. 14 If your response to Request for Admission No. 8 is in the negative please state in detail your reasons for such response. REQUEST FOR ADMISSION NO. 9 Admit that the original of Exhibit B attached hereto was authored by McKenna & Harris. INTERROGATORY NO. 15 If your response to Request for Admission No. 9 is in the negative please state in detail your reasons for such negative response, and state who, to your knowledge, did in fact author Exhibit B, attached. REQUEST FOR ADMISSION NO. 10 Admit that the original of Exhibit B attached hereto was prepared by McKenna & Harris in the ordinary course of their duties as an employee or employees of Unarco Industries, Inc. INTERROGATORY NO. 16 If your response to Request for Admission No. 10 is in the negative please state in detail your reasons for such negative response. REQUEST FOR ADMISSION NO. 11 Admit that Exhibit B attached hereto was circulated within the corporate structure of Unarco Industries, Inc. INTERROGATORY NO. 17 If your response is in the negative to Request for Admission No. 11 please state in detail your reasons for such negative response. INTERROGATORY NO. 18 Do you know if the original of Exhibit B attached hereto is in existence? INTERROGATORY NO. 19 If your response to Interrogatory No. 18 is in the affirmative, please state: 1. Who has custody, control or possession of the original of Exhibit B attached hereto. 2. The present location of the original of Exhibit B attached hereto. WILLIAMS, TRINE, GREENSTEIN & GRIFFITH, P.C. Arapanoe Avenue Boulder, Colorado 80302 442-0173 CERTIFICATE OF MAILING I hereby certify that on this 12th day of September, 1979, I deposited in the United States Mail, postage prepaid, a true and correct copy of the foregoing PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR ADMISSIONS TO THE DEFENDANT, UNARCO INDUSTRIES, INC., (September 12, 1979) to Marc R. Brosseau, Esq., Weller, Friedrich, Hickisch & Hazlitt, 900 Capitol Life Center, 225. E. 16th Avenue, Denver, Colorado 80203. -5 A . McKENNA & HARRIS . November 13, 1940 REPORT OF INVESTIGATION RE: .UNION ASBESTOS & RUBBER COMPANY - JAMES BENNETT . On Tuesday, October 29th or Wednesday, October 30th, the Union Asbestos called Mr. McXenna relative to the case of James Bennett, one of xheir employees who apparently had developed a condition that pux him in such shape that it was not thought safe for him to con tinue in their employ. This is an asbestosis case and it appears that Dr. Cowen had told the Company that some action had better be taken with Jimmie Bennett. On Wednesday, October 30th, I went out to the Union Asbestos and had a long talk with Messrs. Balch, Fears and Cahill. I got from them a kind of a summary what the situation was and then I told them that I would arrange to talk the matter over personally with Dr. Cowen and on Thursday. October 31st, I spent most of the afternoon with Dr. Cowen at his office down on the South Side and he explained this case xo me in greax dexail. The rexx day, theref ore, I went back to the Union Asbestos and again wenx over the whole situation, in the light of what Dr. Cowen advised me, which briefly is that this man has developed two spots in the apices of his lung, which indicate active tuberculosis. He also has a very extensive fib rosis in his lung and Dr. Cowen told me that he simply would not be responsible for what happened if Jimmie continued to work there and th at in addition to that, he was a hazard to other employees. Ke said that it was imperative that he be taken out of active work immsdiat ely -- not only for his sake but also for that of other employees. I will not write a book about all that Dr. Cowen told me about the man's condition as I understand it pretty well. By a previous arrangement, I went out to the Union Asbestos again on Friday, Novem ber 1st, at their plant in Cicero. By that time, the maxter had been discussed with Mr. Silverman and it wan agreed that we had better try to get a settlement with thin man iust as quickly as possible and the Company had authorized me to see what I could do about negotiat ing with this mm and paving him up to $2500 and -possibly $3000 if necessary. I ma.de an arrangement v.'ith Dr. Cowen and on Thursday, October 31st, I met Dr. Cowen out at the Union Asbestos where various phases of the case were gone into at very great lengths and I made an appointment with Mr. Cabin, Foreman of the Department in which Bennett works, and this appointment was to go to the home of Jimmie Bennett about 6 o'clock on the evening of Friday, Ncrember 1st. EXHIBIT A Report - 2 11/12/40 Re: Union Asbestos - James Bennett Ur. Cahill and 1 spent about two hours with Jimmie in his home in Cicero. At this time I explained Jimmie's situation to him at quite some lengths. It was a very delicate proposition to put to Jimmie but I understood that the fact that he was losing ground physically was no. surprise to him. He has been losing weight; he knew it; he knew that his vigor was diminishing and that it was a little more difficult to keep up; and insofar as that phase of the case is con cerned, he was a little relieved that the Company had come to him rather than his having to go to the Company about the matter. Dr. Cowen advised that Jimmie be confined to a sanitarium and inasmuch as he lives in Cicero, it would have to be Oak Forest as only residents of the City of Chicago can be admitted to the Municipal Tuberculosis Sanitaxi urn. It was quite a difficult task broaching this to Jimmie Bennett, but I believe that the result was very successful. I told Jimmie tnat we would pay him S25GC cash and that we. would use our influence in getting him into C=k Forest if he desired it and the Company also offered mo give his wife a job in the Packing Department or soras other Department where she had previously worked, as soon as a vacancy occurred, and I indicated to her that we might be able to do this right away. It came out then, of course, after a while, that Jimmie wanted to think it over and I wanted him to think it over, and I agreed on behalf of the Company to pay him n week's salary during the period that he was to think it over, and I tcld him that he must cease work immediately and commence a period cf rest that he so definitely required and that that period of rest must start immediately. I, of course, had to- talk to Jimmie Bennett with the utmost care first, not to alarm him and second, talk to him in such a way that he wouldn't fly into the hands of an attorney and third, I had to Bell more or less the idea to his wife also. All together, it was treading on pretty thin ice. The results so far have been highly satisfactory. I arranged with Jimmie that evening for him to go and visit Dr. Cowen at his office on the South Side and, of course, I had planned to talk to Dr. Cowen in advance and tell him what arrangement I had made with Jimmie and what I had said to him and have him assist us in the matter. That is the way we left it when I left Jimmie Bennett's home on the night of Friday, November 1st. On Monday, November 4th, I went out to the Union Asbestos plant in Cicero and explained in some detail to Mr. Balch what Mr. Cahill and I had done the Friday evening before, and while .I wan there, I got Dr. Cowen on the long distance telephone and in Hr. Balch'o Report -- 3 11/12/4D, Re: Union Asbestos - James Bennett office talked to Dr. Cowen so Dr. Cowen was prepared to receive James Bennett and he knows more or less of the proposition offered to Jimmie Bennett. The outcome of Dr. Cowen* r talk with Jimmie Bennett has not yet been reported to me. This is a case, as I view it, that we cannot under any circumstances even attempt to settle with Jimmie Bennett for less than $2500 as the Industrial Commission undoubtedly would not approve it. With all things considered, if we did pay Jimmie Bennett $2500, that is probably ' as much as he would get if he went to some attorney with it, and furthermore he would get it now; get the good will of the Company and their cooperation; he would not have to go through the ordeal of a trial; his opportunity to rest would commence immediately and perhaps in a year and a half or two years, Jimmie will be rehabilitated and built up to a point where he will no longer be inactive or an active tuberculosis case and by that time he might well be an arrested case. Bennett, of course, is more interested in what he is going to do afoer he becomes, an arrested case or after he recovers. That was a pret~y ricklish problem ana I was unable to guarantee that the Company would give am a job. They might be willing, however, to give him p. job in a rsr-dusty department and that possibility is still in the oi'finr. The original suggestion to us about this case came from the Union Asbestos, by telephone and as far as I know no letter has been received from the Union Asbestos about the cane, and this memorandum is even* the first kind of a memorandum or note in writing that we are handling this case, From the foregoing, of course, it will be noted that all of the officials of the Union Asbestos and Rubber Company know about it and it has been agreed that I will keep in ' very close touch with the developments and will not let it get more than a few days older than I should like it to get because I am expecting that Jimmie Bennett will probably want to talk to me again in the next few days. MS 'MCKENNA & KARRI3 IRxember 28, 1940 REPORT CF INVESTIGATION RE: JAKES BENNETT vs UNION ASBESTOS AND RUB3ER COMPANY Since my memo of November 12th was written, I have opent considerable time on this case, including a conference with Ur. Silverman, Mr. Balch and Ur. Cowen in Mr. Silverman*a office in the Company'b down town officer at 310 South. Michigan. I also have seen Jimmie Bennett at his hens six or seven. times during that period and havo had several conferences w 4 -A- V% --\ omen al30. I had quito a little difficulty In iron out, consisting principally of the circumstance that Bennett did not want to settle his case with the Company without an assurance or agreement or promise of 3ome kind that the Company would re-employ him if he recovered his health. Thi3 was a very difficult proposition from the Company standpoint on account o f* the ir contract with the Union and the various conflicting departmental seniority rules and has been a sore spot and one of groat difficulty .in the Company's organisation or suite some time, and also because the Company felt it imperaoi7f the rime had coma for a uhowdovn and they coulcl no longer continue to employ or. ''pensioner jobs1' and more or le33 disabled to the extent that they were not able to work in the weaving, carding, sitting, etc. departments. Furthermore, the Company, we did not feel, could make Bennett an outright promise to re-hire him under his former arrangement or his seniority and the entire negotiations presented a rather ticklish situation and one which looked on a number of days as thought it might result in an unhappy ending. However, they cere able to compromise the difficulty`and in the pro cess, I v;as obliged to concede an additional 250 payment to Jimmie Bennett, principally in order that he would have a little extra money to defray hi3 expensessuch as moving, clothing himself and his family and such things a3 he was going to need to move-to Texas where he has been advised by his doctor to go, to live in a more equable climace . for the next year or 30 at least. Bennett alao had had himself, exam ined and x--rayed by a doctor of hin own choice. He consulted a"Dr.. V/eioskopf, who sent him to the 3h. Anthony Do padua Hospital where he wan given an x-ray examination by a roentgenologist named Tichy. Jimmie lot me read this report but he refused steadfastly until after the hearing wa3 over to let me make a copy of that report. I now have it in ray poasesnion and am making copies of it for the Company's' file and also for Dr. Cowen and the original is going to be, as . per promise which.I made to Jimmie, returned to him .by nail. 1 came to a final agreement with Jiranio on Monday, November 25th and on that day I talked with Ur. Gilverman twice; I went out to the plant to ece Mr. Baloh; got the various records of Jlmraio's employ ment; I talked to Mr. Behiott throe times that day .and in the very late afternoon, finally concluded the arrangement with Bennett at his home ut 3107 Couth 53rd Avenue in Cicero, Illinois and at that EXHIBIT B V-# REPORT -2 ' 11/28/40 Re* Bennett-vo. Union-Asbestos time arranged v/ith Bennett to be down in the office on Thursdays morning* Rovember 2Bth. ' Today* Raveaber 28th, after having had the Sottlerpont Contraot ,RLump Gum Petition, eta., prepared, I went over to the Industrial Commis sion with .Bennett, I laid' the whole case before Coramieuioner Hummert who fully explained Bennett* 3 rights to him, and Ur. Bennett- in ' ' ' accordance, with the many conferences that I had had with him.and . hiB wifa at his horn**, told Commissioner Hummert that he was satiB- fled with the settlement and the Settlement Contract was, after considerable talk between Bennett and Commiaaioner Hummoxt, approved by Commissioner Hummert and the approved Settlement Contract and Lump Gum Petition are attached hereto. I also attach hereto Receipts which I took from Jimmie and I pave L'r. Bennett, the Union A3bestoa and Rubber Company* s check in the sum of $2750, payable to him. L'r. Bennett got just a little bit skiddisn at the Industrial Commission v:hen Hr. Hummert -.vent on at quite soao lengths to suggest that if Bennett got worse, he still voulri have no recourse against the Company. The case presented quite a few ticklish features throughout tho entire period of negotiations but it is no* settled, the Gettlement Contract is approved, the Lump Sum Parities has been approved and it ia paid and the case may now be closed. . Ii3 EncB DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO IN RE ASBESTOS CASES INTERROGATORIES TO DEFENDANT UNARCO INDUSTRIES, INC. (September 22, 1981) JOHNSON- Case No KRIEGER- Case No PANTHER- Case No 80-CV-0942-2 79-CV-1774-2 79-CV-0559-2 ) ) IN RE CASE NO. 79-CV-1774-2D ) AMON - Case No. 80-CV-2138-2 DANIEL - Case No. 80-CV-1577-2 ! IN RE CASE NO 80-CV-1577-2D - JACKSON CASE NO. 81-CV-1339-2 SWAN CASE NO. 81-CV-0520-2 Plaintiffs, v. JOHNS-MANVILLE SALES CORPORATION (successor by merger to JOHNS-MANVILLE PRODUCTS CORPORATION, et al.. Defendants CERTIFICATE OF MAILING I hereby certify that on this 23rd day of September , 19 81 , I deposited in the United States Mail, postage prepaid, a true and correct copy of the foregoing INTERROGATORIES TO DEFENDANT UNARCO INDUSTRIES, INC., (September 22, 1981) to Marc R. Brosseau, Esq., and a copy of the Court transmittal letter only_______________________ ; to the following Attorneys of Record in Civil Action No. 80-CV-0942-2 r LAVERNE R. JOHNSON, Executrix of the Estate of, Harold W. Johnson and LAVERNE JOHNSON V. JOIINS^MANVIILe SALE'S CORPORATION, et al. 1 ----------------------------------------------------------------------------* JOIINS-MANVILLE SALES CQRP. & JOHNS-MANVILLE CORPORATION: Bruce F. Fest, Esq. Wood, Ris and Haines 518 17th Street, Suite 1100 Denver, CO 80202 FIBREBOARD CORPORATION: Kenneth Groves, Esq. 225 East 16th Avenue, Suite 1000 Denver, CO 80203 RAYBESTOS-MANHATTAN, INC.: Duncan W. Cameron, Esq. Hall and Evans 717 17th Street, Suite 2900 Denver, CO 80202 UNARCO INDUSTRIES, INC.: Marc R. Brosseau, Esq. Weller, Friedrich, Hickisch & Hazlitt 225 East 16th Avenue, Suite 900 Denver, CO 80203 certificate of hailing I hereby certify that on this 23rd day of September , 1981 , I deposited in the United States Mail, postage prepaid, a true and correct copy of the foregoing INTERROGATORIES TO DEFENDANT UNARCO INDUSTRIES, INC. (September 22, 1981) to Marc R. Brosseau, Esq./ and a copy of the Court transmittal letter only__________ _ ______ , to the following Attorneys of Record in Civil Action No.79-CV-1774-2 DONALD L. KRIEGER v. JOHNS-MANVILLE PRODUCTS CORP., et al. , J01INS-MANVILLE PRODUCTS CORP. S. JOHNS-MANVILLE CORPORATION: Bruce F. Fcst, Esq. Wood, Ris and Hamcs 518 17tli Street, Suite 1100 Denver, CO 80202 . ARMSTRONG CORK COMPANY: Ronald H. Shear, Esq. Tilly and Graves 50 So. Steele St., Suite 800 Denver, CO 80209 THE CELOIEX CORPORATION: Donald E. LaMora, Esq. 430 North Tejon, Suite 303 Colorado Springs, CO 80903 COMBUSTION'ENGINEERING, INC., & PITTSBURGH CORNING CORP.: William J. Madden, Esq. Madden and Strate 2201 Kipling Street Denver, CO 80215 EAGLE PICUF.R INDUSTRIES & THE KEENE CORPORATION: Jack. Kent Anderson, Esq. DcMoulin, Anderson, Campbell & Laugesen 6780 East Hampden Avenue Denver, CO 80224 FIBREBOARD CORPORATION: Kenneth Groves, Esq. 225 E. 16tli Avenue, Suite 1000 Denver, CO 80203 48-INSULATION, INC.: C. Willing Browne, Esq. Gorsuch, Kirgis, Campbell, Walker & Grover 818 17tli Street, Suite 1200 Denver, CO 80202 GAF CORPORATION: (Settled 6-11-81) METROPOLITAN LIFE INSURANCE CO.: Eric Peterson, Esq. White & Steele, P.C. 1660 Lincoln Street, Suite 1660 Denver, CO 80264 NICOLET INDUSTRIES: Larry Blackman, Esq. Grecngard, Blackman & Senter 50 South Steele Street, Suite 700 Denver, CO 80209 OWENS-CORNl'NG FIBERGLAS CORPORATION: David Higgins, Esq. Long and Jaudon 717 17th Street, Suite 1580 Denver, CO 80202 OWENS-ILLINOIS GLASS COMPANY: John R. Rodman, Esq. Paul D. Renner, P.C. 50 South Steele, Suite 777 Denver, CO 80209 RAYBESTOS-MANHATTAN, INC.: Duncan W. Cameron, Esq. Hall and Evans 717 -17th Street, Suite 2900 Denver, CO 80202 THE RYDER COMPANY, INC.: (now RYDER INDUSTRIES, INC.): Gory L. Palumbo, Esq. Bayer, Carey & McGee, P.C. 818 17th Street, Suite 622 Denver, CO 80202 ,. ' FJUEGER Af.'J011NS-MANV1LLE OORP., ct al. Civil Action No. 79-CV-1774-2 STANDARD ASBESTOS mNUl'ACTUIlING & INSULATING COMPANY: Albert E. Zarlencjo, Jr., Esq. Zarlcnqo, Mott and Zarlencjo 210 St. Paul Street, Suite 200 Denver, CO 80206 UNARCO INDUSTRIES, INC.: Marc R. Brosseau, Esq. Weller, Friedrich, lliclisch h Har.litt 225 East 16th Avenue, Suite 900 Denver, CO 80203 11 CERTIFICATE OF MAILING I hereby certify that on this 23rd day of September , 19 81 t I deposited in the United States Mail, postage prepaid, a true and correct copy of the foregoing INTERROGATORIES TO DEFENDANT UNARCO INDUSTRIES, INC. (September 22, 1981) to Marc R. Brosseau, Esq., and a copy of the Court transmittal letter only to the following Attorneys of Record in Civil Action No. 79-CV-0559-2 , MALCOLM J. PANTHER v. JOHNS-MANVTLLE PRODUCTS CORPORATION, et al. JOHNS-MANVILLE PRODUCTS CORP.: Bruce F. Fest, Esq. Wood, Ris and Hames 518 17th Street, Suite 1100 Denver, CO 80202 FIBREBOARD CORPORATION: Kenneth Groves, Esq. 225 East 16th Avenue, Suite 1000 Denver, CO 80203 RAYBESTOS-MANHATTAN, INC.: Duncan W. Cameron, Esq. Hall and Evans 717 17th Street, Suite 2900 Denver, CO 80202 UNARCO INDUSTRIES, INC.: Marc R. Brosseau, Esq. Weller, Friedrich, Hickisch & Hazlitt 225 East 16th Avenue, Suite 900 Denver, CO 80203 certificate: of mailing I hereby certify that on this 23rd day of September , 19 81 , I deposited in the United States Mail, postage prepaid, a true and correct copy of the foregoing INTERROGATORIES TO DEFENDANT UNARCO INDUSTRIES, INC. (September 22, 1981) to Marc R. Brosseau, Esq., and a copy of the Court, transmittal letter only., to the following Attorneys of Record in Civil Action No. 80-CV-2138-2 , OLIVER DUANE AMON V. JOHNS-MANVILLE SALES CORPORATION, et al. JOHNS-MANVILLE SALES CORP. & JOHNS-MANVILLE CORPORATION: Bruce F. Fest, Esq. Wood, Ris and Hames 518 17th Street, Suite 1100 Denver, CO 80202 THE CELOTEX CORPORATION: Donald E. LaMora, Esq. 430 North Tejon, Suite 303 Colorado Springs, CO 80903 COMBUSTION ENGINEERING, INC. & PITTSBURGH CORNING CORP.: William J. Madden, Esq. Madden and Strate 2201 Kipling Street Denver, CO 80215 EAGLE PICHER INDUSTRIES & THE KEENE CORPORATION: Jack Kent Anderson, Esq. DeMoulin, Anderson, Campbell & Laugesen 6780 East Hampden Avenue Denver, CO 80224 FIBREBOARD CORPORATION: Kenneth Groves, Esq225 East 16th Avenue, Suite 1000 Denver, CO 80203 48-INSULATION, INC.: C. Willing Browne, Esq. Gorsuch, Kirgis, Campbell, Walker & Grover 818 17th Street, Suite 1200 Denver, CO 80202 METROPOLITAN LIFE INSURANCE CO.: Eric Peterson, Esq. White & Steele, P.C. 1660 Lincoln Street, Suite 1660 Denver, CO 80264 NICOLET, INC.: Larry Blackman, Esq. Greengard, Blackman & Senter 50 South Steele Street, Suite 700 Denver, CO 80209 OWENS-CORNING FIBERGLAS CORP.: David Higgins, Esq. Long and Jaudon 717 17th Street, Suite 1580 Denver, CO 80202 OWENS-ILLINOIS GLASS COMPANY: John R. Rodman, Esq. Paul D. Renner, P.C. 50 South Steele Street, Suite 777 Denver, CO 80209 RYDER INDUSTRIES, INC.: Anne Smith Myers, Esq. Watson, Nathan & Bremer, P.C. 820 16th Street, Suite 434 Denver, CO 80202 STANDARD ASBESTOS MFG. & INSL. 00.: Albert E. Zarlengo, Jr., Esq. Zarlengo, Mott and Zarlengo 210 St. Paul Street, Suite 200 Denver, CO 80206 UNARCO INDUSTRIES, INC.: Marc R. Brosseau, Esq. Weller, Friedrich, Hickisch & Hazlitt 225 East 16th Avenue, Suite 900 Denver, CO 80203 CERTIFICATE OF MAILING I hereby certify that on this 2Jrd day of September , 19 81 f I deposited in the United States Mail, postage prepaid, a true and correct copy of the foregoing INTERROGATORIES TO DEFENDANT UNARCO INDUSTRIES, INC. , (September 22, 1981) to Marc R. Brosseau, Esq., and-a copyx>f Lhe Court LransmiLLal letter only * 1 to the following Attorneys of Record in Civil Action No. 80-CV-1577-2 Lyle Daniel and Elizabeth Daniel v. Johns-Manville Corp., et al.; For Johns-Manville Corporation: William K. Ris, Esq. Bruce F. Fest, Esq. Wood, Ris and Hames 1100 Denver Club Building 518 17th Street Denver, CO 80202 For Unarco Industries, Inc. Marc R. Brosseau, Esq. Weller, Friedrich, Hickisch & Hazlitt 900 Capitol Life Center 225 E. 16th Avenue Denver, CO 80203 r r 1 CERTIFICATE OF MAILING I hereby certify that on this 23rd day of September , 19 81 , I deposited in the United States Mail, postage prepaid, a true and correct copy of the foregoing INTERROGATORIES to defendant nNAPm_________ INDUSTRIES, INC. (September 22, 1981) to Marc R. Brosseau, Esq., and a copy of the Court transmittal letter only. to the following Attorneys of Record in Civil Action No. HAROLD JACKSON v. JOHNS-MANVILLE SALES CORPORATION, et a 81~CV-1339-70 J0HNS-MANV1LLE SALES CORPORATION & JOHNS-MANVILLE CORPORATION: Bruce F. Fest, Esq. Wood, Ris and Names 518 17th Street - Suite 1100 Denver, CO 80202 48-INSULATION, INC.: C. Willing Browne, Esq. Gorsuch, Kirgis, Canpbell, Walker & Grover 818 17th Street - Suite 1200 Denver, CO 80202 ARMSTRONG CORK COMPANY: Ronald H. Shear, Esq. Tilly and Graves 50 So. Steele Street - Suite 800 Denver, CO 80209 OWENS CORNING FIBERGLAS CORPORATION: David Higgins, Esq. Long and Jaudon 717 17th Street - Suite 1580 Denver, CO 80202 THE CELOTEX CORPORATION: Donald E. LaMora, Esq. 430 North Tejon, - Suite 303 Colorado Springs, CO 80903 STANDARD INSULATION, INC.: Albert E. Zarlengo, Jr., Esq. Zarlengo, Mott and Zarlengo 210 St. Paul Street - Suite 200 Denver, CO 80206 EAGLE PICIIER INDUSTRIES, INC. & THE KEENE CORPORATION: Jack Kent Anderson, Esq. DcMoulin, Anderson, Campbell & Laugesen 6780 East Hampden Avenue Denver, CO 80224 UNARCO INDUSTRIES, INC.: Marc R. Brosseau, Esq. Weller, Friedrich, Hickisch & Hazlitt 225 E. 16th Avenue - Suite 900 Denver, CO 80203 FIBREBOARD CORPORATION: Kenneth Groves, Esq. 225 E. 16th Avenue - Suite 1000 Denver, CO 80203 Secretary to Mr. Metcalf i i. CERTIFICATE OF MAILING I hereby certify that on this 23rd day of September , 19 81 , I deposited in the United States Mail, postage prepaid, a true and correct copy .of the foregoing INTERROGATORIES TO DEFENDANT UNARCO INDUSTRIES, INC. (September 22, 1981) to Marc R. Brosseau, Esq., and a copy of the Court ' transmittal letter only 1" to the following Attorneys of Record in Civil Action No. 81-CV-0520-2 , BILLIE JOE SWAN AND JO ANN SWAN v. JOHNS-MANVILLE SALES CORP., et al. JOHNS-MANVILLE SALES CORP. & JOHNS-MANVILLE CORPORATION: Bruce F. Fest, Esq. Wood, Ris & Hames 518 17th Street, Suite 1100 Denver, CO 80202 NICOLET, INC.: James E. Goldfarb, Esq. Greengard, Blackman & Senter 50 South Steele Street, Suite 700 Denver, CO 80209 THE CELOTEX CORPORATION: Donald E. LaMora, Esq. 430 North Tejon, Suite 303 Colorado Springs, CO 80903 EAGLE PICHER INDUSTRIES, INC. & THE KEENE CORPORATION: Jack Kent Anderson, Esq. DeMoulin, Anderson, Campbell & Laugesen 6780 East Hampden Avenue Denver, CO 80224 FIBREBOARD CORPORATION: Kenneth Groves, Esq. 225 East 16th Avenue, Suite 1000 Denver, CO 80203 48-INSULATION, INC.: C. Willing Browne, Esq. Gorsuch, Kirgis, Campbell, Walker, & Grover 818 17th Street, Suite 1200 Denver, CO 8 0 20 2 GAF CORPORATION: Richard P. Holme, Esq. Davis, Graham & Stubbs 950 17th Street, Suite 2600 Denver, CO 80202 - METROPOLITAN LIFE INSURANCE CO.: R. Eric Peterson, Esq. Michael L. O'Donnell, Esq. White and Steele, P.C. 1660 Lincoln Street, Suite 1660 Denver, CO 80264 CWENS-CORNING FIBERGLAS CORP.: David Higgins, Esq. ' Long and Jaudon 717 17th Street, Suite 1580 Denver, CO 80202 ROCK WOOL MANUFACTURING COMPANY: Edwin A. Howe, II Hansen and Breit 2460 West 26th Ave., Suite 260-C Denver, CO 80211 RYDER INDUSTRIES, INC.: Anne Smith Myers, Esq. Watson, Nathan & Breirer, P.C. 820 16th Street, Suite 434 Denver, CO 80202 STANDARD INSULATION, INC.: Albert E. Zarlengo, Jr., Esq. Zarlengo, Mott and Zarlengo 210 St. Paul Street, Suite 200 Denver, CO 80206 ' UNARCO INDUSTRIES, INC.: Marc. R. Brosseau, Esq. Weller, Friedrich, Hickisch & Hazlitt 225 East 16th Avenue, Suite 900 Denver, CO 80203 f DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO IN RE ASBESTOS CASES NO. 79-CV-1774-2D -- DEFENDANT UNARCO'S RESPONSES TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR ADMISSIONS (SEPTEMBER 12, 1979). COMES NOW defendant Unarco Industries, Inc., by and through its attorneys, Weller, Friedrich, Hickisch and Hazlitt, and objects to each and every one of the Interrogatories and Requests on the grounds that the information sought is neither relevant nor reasonably calculated to lead to the discovery of relevant information. WELLER, FRIEDRICH, HICKISCH & HAZLITT BY Marc R. Brosseau, #7415 Attorneys for Defendant Unarco Industries, Inc. 900 Capitol Life Center Denver, Colorado 80203 861-8000 CERTIFICATE OF MAILING J. Conard Metcalf, Esq. Williams, Trine, Greenstein & Griffith 1435 Arapahoe Avenue Boulder, Colorado 80302 Bruce F. Fest, Esq. Wood, Ris & Hames 518 17th Street, Suite Denver, Colorado 80202 1100 Duncan W. Camerson, Esq. Kenneth Groves, Esq. Halls Evans 225 East 16th Avenue 717 17th Street, Suite 2900 Suite 1000 Denver, Colorado 80202 Denver, Colorado 80203 I hereby certify that on this day of > 1981, I deposited in the United States mail, postage prepaid, a true and correct copy of the foregoing DEFENDANT UNARCO'S RESPONSES TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR ADMISSIONS (SEPTEMBER 12, 1979), to the above listed individuals. DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO IN RE ASBESTOS CASES NO. 79-CV-1774-2D DEFENDANT UNARCO'S RESPONSES TO PLAINTIFFS' SECOND SET OF INTERROGATORIES. COMES NOW defendant Unarco Industries, Inc., by and through its attorneys Weller, Friedrich, Hickisch & Hazlitt and hereby objects to each of the Interrogatories and plaintiff Johnson's Second Set of Interrogatories to All Defendants on the grounds that the information sought is neither relevant nor reasonably calculated to lead to the discovery of relevant information. & HAZLITT Marc R. Brosseau, #7415 Attorneys for Unarco Industries, 900 Capitol Life Center Denver, Colorado 80203 861-8000 Inc. CERTIFICATE OF MAILING Bruce F. Fest, Esq. Wood, Ris & Hames 518 17th Street Suite 1100 Denver, Colorado 80202 Donald H. Shear, Esq. Tilly & Graves 50 S. Steele Street Suite 800 Denver, Colorado 80209 John E. Walberg, Esq. 801 East 17th Avenue Denver, Colorado 80218 Mike Hilgers, Esq. Burnett, Horan & Hilgers 909 17th Street, Suite 712 Denver, Colorado 80202 Richard P. Holme, Esq. Davis, Graham & Stubbs 950 17th Street, Suite Denver, Colorado 80202 2600 Larry Blackman, Esq. Greengard, Blackman & Senter 50 S. Steele Street, Suite 700 Denver, Colorado 80209 Donald E. LaMora, Esq. 430 North Tejon, Suite 303 Colorado Springs, Colorado 80903 David Higgins, Esq. Long & Jaudon 717 17th Street, Suite 1580 Denver, Colorado 80202 William J. Madden, Esq. Madden & Strate 2201 Kipling Street Denver, Colorado 80215 Duncan W. Cameron, Esq. Hall & Evans 717 17th Street, Suite 2900 Denver, Colorado 80202 Jack Kent Anderson, Esq. DeMoulin, Anderson, Campbell & Laugesen 3464 S. Willow Street Denver, Colorado 80231 Albert E. Zarlengo, Jr., Esq. Zarlengo, Mott & Zarlengo, 210 St. Paul Street, Suite 200 Denver, Colorado 80206 Kenneth Groves, Esq. J. Conard Metcalf, Esq. 225 East 16th Avenue, Suite 1000 Attorneys for Plaintiff Denver, Colorado 80202 1435 Arapahoe Avenue Boulder, Colorado 80302 I hereby certify that on this day of January, 1982, I deposited in the United States Mail, postage prepaid, a true and correct copy of the foregoing DEFENDANT UNARCO1S RESPONSES TO PLAINTIFFS' SECOND SET OF INTERROGATORIES, to the above listed individuals. DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO IN RE ASBESTOS CASES NO. 80-CV-1577-2D DEFENDANT UNARCO'S RESPONSES TO PLAINTIFF'S INTERROGATORIES (SEPTEMBER 22, 1981)* i. Defendant Unarco Industries, Inc., responds to plaintiff's interrogatories as follows: INTERROGATORY 1. Was/were Defendant(s) sued by anyone not a direct employee before 1964 who alleged disease, injury or damage (including the death of another) from inhalation of asbestos fibers while applying, working with or near insulation products after said products had been manufactured and sold; in other words, the kind of work that would be done by an insulation applicator or industrial, commercial or maritime products? ANSWER 1. No. INTERROGATORY 2. each such instance: If so, state (for each such defendant) for a. The date the suit was filed. b. The date you had notice of it. d. The names of all plaintiffs. e. The name of the court in which the case was filed origin ally and the action or docket number assigned to the case. f. The name of any court to which the case was removed and the action number or the docket number assigned to the case in that court. g. Remand. h. The names of all attorneys signing pleadings for all the plaintiffs, and the attorney's addresses. i. The names of all attorneys signing pleadings for all the defendants, and the attorney's addresses. j. If the case was settled before, during or after trial, the date of settlement and amount paid to the plaintiff, if any, in settlement. k. If the case was tried and a verdict rendered, the party in whose favor the verdict was rendered and, if in favor of the plaintiff the dollar amount of the verdict. l. If the case (or cases) was settled, what investigation of plaintiff's claim or claims was undertaken prior to settling each such case. settling each such case. m. The name and last known address of each expert retained by you in each such case and each expert's area of expertise (e. g., pulmonary medicine, occu pational medicine, industrial hygiene, safety engineering, epidemiology, public health, atmos pheric sampling, and the like). ANSWER 2: Not applicable. State of Illinois County of Cook ) ) ) ss Robert J. Penn, being first duly law, states that the information set upon his information and belief, is sworn according to the forth herein, based true and accurate. Unarco Industries, Inc. Sworn and subscribed before me this 1982 . 22nd day of JANUARY , Notary Public Ire MY COMMISSION EXP S Nov. 27, 1983 -2- CERTIFICATE OF MAILING Bruce F. Fest, Esq. Wood, Ris & Names 518 17th Street Suite 1100 Denver, Colorado Mike Hilgers, Esq. Burnett, Horan & Hilgers 909 17th Street, Suite 712 Denver, Colorado 80202 Donald H. Shear, Esq. Tilly & graves 50 S. Steele Street Suite 800 Denver, Colorado 80209 Richard P. Holme, ksq. Davis, Graham & Stubbs 950 17th Street, Suite Denver, Colorado 80202 2600 John E. Walberg, Esq. 801 East 17th Avenue Denver, Colorado 80218 Donald E. LaMora, 430 N. Tejon, Suite 303 Colorado Springs, Esq. CO 80903 William J. Madden Esq. Madden & Strate 2201 Kipling Street Denver, Colorado 80215 Jack Kent Anderson, Esq. DeMoulin Anderson, Campbell & Laugesen 3464 S. Willow Street Denver, Colorado 80231 Larry Blackman, Esq. Greengard, Blackman & Senter 50 S. Steele Street, Suite 700 Denver, Colorado 80203 David Higgins, Esq. Long & Jaudon 717 17th Street, Suite 1580 Denver, Colorado 80202 Duncan W. Cameron, Esq. Hall & Evans 717 17th Street, Suite 2900 Denver, Colorado 80202 Albert E. Zarlengo, Esq. Zarlengo, Mott & Zarlengo 210 St. Paul Street, Suite Denver, Colorado 80206 200 Kenneth Groves, Esq. 225 East 16th Avenue Suite 1000 Denver, Colorado 80203 J. Conard Metcalf, Esq. 1435 Arapahoe Avenue Boulder, Colorado 80203 I hereby certify that on this day of 1982, I deposited in the United States mail, prepaid, a true and correct copy of the foregoing DEFENDANT UNARCO'S RESPONSE TO PLAINTIFF'S INTERROGATORIES (SEPTEMBER 22, 1981) to the above listed individuals. -3- 'I'l DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO IN RE ASBESTOS CASES NO. 79-CV01774-2D DEFENDANT UNARCO'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO ALL DEFENDANTS EXCEPT METROPOLITAN LIFE COMES NOW defendant Unarco Industries, Inc., by and through its attorneys Weller, Friedrich, Hickisch & Hazlitt, and in response to Plaintiffs' First Set of Interrog atories to All Defendants Except Metropolitan Life incor porates as though fully set forth herein its Responses to Plaintiffs1 First Set of Interrogatories to All Defendants Except Metropolitan Life, 80-CV-1577-2D, filed February 1, 1982. WELLER, FRIEDRICH, HICKISCH & HAZLITT Marc R. Brosseau, #7415 Attorneys for Unarco 900 Capitol Life Center 225 East 16th Avenue Denver, Colorado 861-8000 CERTIFICATE OF MAILING I hereby certify that on this j^day of February, 1982, I deposited in the United States mail true and correct copies of the foregoing DEFENDANT UNARCO'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO ALL DEFENDANTS EXCEPT METROPOLITAN LIFE, to the following individuals: J. Conard Metcalf, Esq. Williams, Trine, Greenstein & Griffith1435 Arapahoe Avenue Boulder, CO 80302 Kenneth C. Groves, Esq. 1000 Capitol Life Center Denver, Colorado 80203 Bruce F. Fest, Esq. Wood, Ris & Hames 1100 Denver Club Building Denver, Colorado 80202 Jack Kent Anderson, Esq. DeMoulin, Anderson, Campbell Laugesen 3464 S. Willow Street Denver, Colorado 80231 Albert E. Zarlengo, Esq. Zarlengo, Mott & Zarlengo 210 St. Paul Street Suite 200 Denver, Colorado 80206 Gary L. Palumbo, Esq. Bayer, Carey & McGee, P.C. 622 American National Bank Bldg Denver, Colorado 80202 Richard P. Holme, Esq. Davis, Graham & Stubbs 950 17th Street Suite 2600 Denver, Colorado 80202 William Hunsaker, Esq. Johnson , Makris & Hunsaker 1600 Sherman, Suite 555 Denver, Colorado 80203 David B. Higgins, Esq. Long & Jaudon 1580 Energy Center One Denver, Colorado 80202 Duncan Cameron, Esq. Hall & Evans 2900 Energy Center One Denver, Colorado 80202 W7illiam Madden Esq. Madden & Strate 2201 Kipling Street Denver, Colorado 80215 John R. Rodman, Esq. 50 S. Steele, Suite 777 Denver, Colorado 80209 Donald E. LaMora, Esq. 430 N. Tejon, Suite 303 Colorado Springs, CO 80903 Eric Peterson, Esq. White & Steele 1600 Lincoln Center Bldg. Denver, Colorado 80202 Lawrence D. Blackman, Esq. Greengard & Blackman 50 S. Steele Street, Suite 700 Denver, Colorado 80209 C. Willing Browne, Esq. 1200 American Bank Bldg 818 17th Street Denver, Colorado 80202 -2- 4 AISoOtcAS- DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO IN RE ASBESTOS CASES NO. 80-CV-1577-2D 1/^ ,jS ' ' DEFENDANT UNARCO'S REPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORES TO ALL DEFENDANTS EXCEPT METROPOLITAN LIFE.* 1 Defendant Unarco tiffs' interrogatories as follows: Industries, response to Inc., responds to plain plaintiffs' interrogatories INTERROGATORY 1: Do you or your subsidiary, division, or predecessor in interest now manufacture, distribute or sell products used for thermal insulation which contain as bestos? a. Please state the name, address and position or title of employment of all persons supplying information or material used in answering any part of this Interrogatory or who was consulted with regard to information used in an swering any part of this Interrogatory. b. Please list and itemize each and every document or written or printed matter or other tangible item which was read examined, consulted, reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and who the custodian is of each such doc ument or written or printed matter or other tangible item. RESPONSE 1: No. INTERROGATORY 2: If your answer to Interrogatory No. 1 is affirmative, then please state the following: a. Itemize and list each such product by the brand name, trade name or other designation under which each such product is or was sold. b. State the name and address of each such subsidiary, division, or predecessor in interest which manufactures, distributes or sells such product. c. State the date each such product was first manu factured, distributed or sold. d. State the composition of each such product, listing the approximate percentage of each ingredient and, if one inredient is diatomaceous earth, whether that diatomaceous earth is untreated (raw), calcined or flux calcined. e. State the name, address and what position or title of employment of each person supplying information or mater ial used in answering any part of this Interrogatory, or who was consulted with regard to information used in answering any part of this Interrogatory. f. Please list and itemize with sufficient particu larity so that it may be made the subject of a request for production, each and every document or written or printed matter or other tangible item which was read, examined, con sulted, reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document or written or printed material or other tangible item. RESPONSE 2: Not applicable. INTERROGATORY 3: Have you or your subsidiary, division or predecessor in interest, in the past, manufactured, dist ributed or sold products used for thermal insulation which contained asbestos? a. State the name, address and position or title of employment of each such person supplying information or material used in answering any part of this Interrogatory, or who was consulted with regard to information used in an swering any part of this Interrogatory. b. Please list and itemize with sufficient particul arity so that it may be made the subject of a request for production, each and every document or written or printed matter or other tangible item which was read, examined, consulted reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document or written or printed matter or other tangible item. RESPONSE 3: Yes. a. Respondent objects to this sub-part of this interro gatory on the basis that it is overbroad, uncertain, irrelevant and not calculated to lead to the discovery of evidence admissible in this matter. However, without waiving the foregoing objections, these responses to interrogatories by Unarco Industries, Inc., have been verified on information and belief by Robert J. Penn, Vice President-Finance of Unarco Industries, Inc., 332 South Michigan Avenue, Chicago, Illinois 60604. Mr. Penn was not employed by the respondent while this defendant was engaged in the manufacture of asbestos containing products. Mr. Penn does not have any direct knowledge regarding these answers but is advised that such answers are supported by information and material which this respondent has been able to discover to date. All responses which this defendant is capable of giving at this time are derived from numerous persons and sources discovered during the course of this litigation. -2- b. See the response to Interrogatory 3 a. INTERROGATORY 4: If your answer to Interrogatory No. 3 is affirmative, then please state the following: a. Itemize and list each such product by the brand name, trade name or other designation under which each such product was manufactured distributed, marketed or sold. b. State the name and address of each subsidiary, division, or predecessor in interest which manufactured, distributed or sold each such product. c. State the date each such product was first manu factured, distributed or sold, and the date each such product was last manufactured, distributed or sold. d. State the composition of each such product, listing the approximate percentage of each ingredient and, if one ingredient is diatomaceous earth, whether that diatomaceous earth is untreated, (raw), calcined or flux calcined. e. State the location where each such product was manufactured, the dates that each such product was manufact ured, at each such location, and the geographical area where such products manufactured at these locations were sold or distributed. f. State the name, address and what position or title of employment of each such person supplying information or materials used in answering any part of this Interrogatory, or who was consulted with regard to information used in answering any part of this Interrogatory. g. Please list and itemize wit sufficient parti cularity so that it may be made the subject of a request for production, each and every document or written or printed matter or other tangible item which was read, examined, consulted reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document or written or printed matter or other tangible item. RESPONSE 4: Exhibit Two. See the attached Exhibit One and the INTERROGATORY 5: Has, at any time, any entity other than you, your subsidiaries or divisions, ever manufactured, sold or distributed a product used for thermal insulation which contained asbestos, which product was sold and/or distributed under your own brand name, trade name or was otherwise sold or marketed as your product? a. State the name, address and position or title of employment of each such person supplying information or mat erial used in answering any part of the Interrogatory, or who was consulted with regard to information used in answering -3- any part of this Interrogatory. b. Please list and itemize with sufficient particularity so that it may be made the subject of a request for production each and every document or written or printed matter or other tangible item which was read, examined, consulted, reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document or written or printed matter or other tangible item. RESPONSE 5: a. The Union Asbestos & Rubber Company was incorporated under the laws of the State of Illinois on March 19, 1918. On April 17, 1963, the company's name was changed to Unarco Industries, Inc., a Delaware corporation incorporated in May of 1970, continues to exist at this time. Between 1918 and 1970 the company sold and manufactured various asbestos containing products. During 1954 the company disposed of certain manufacturing facilities that had earlier been involved in the manufacture of asbestos containing products. In 1962, a large part of the company's business dealing with the manufacture of asbestos containing products was sold. By 1970, Unarco Industries, Inc. had sold the remainder of its business dealing with the manufacture of asbestos containing products. Unarco Industries, Inc. has not manufactured asbestos containing products of any kind since 1970. When the company disposed of its various manufacturing facilities that had earlier been involved in the manufacture of asbestos containing products, it was the company's usual practice to leave most of its records at the particular facility. Similarly, employees at a transferred facility generally were not retained in the company's employ. For these reasons and because of passage of time since the company ceased its involvement in the manufacture of asbestos containing products, Unarco Industries Inc., no longer has in its employ, to the best of its knowledge information and belief, any person or persons who have the knowledge necessary to respond directly to this interrogatory. The company no longer has in its possession or at its disposal, to the best of its knowledge, information and belief, records or documents which it may consult to develop the requested information. b. See the response to interrogatory 5 a. INTERROGATORY 6: If your answer to Interrogatory No. 5 is affirmative, then state the following: a. The name and address of each such entity. b. The date that each such entity first manufactured, sold or distributed such products and the date that each such entity last manufactured, sold or distributed such products. -4- c. The brand name, trade name or other designation, identifying name or mark under which each such product was sold, distributed or marketed. d. Whether you, or your subsidiary or division had a written agreement with each or any such entity for the manufacture, sale or distribution of such products. If your answer to this sub-part is affirmative, state: 1) Whether you have copies of such agreements in your possession, custody or control; 2) The present location of the original or copies of such agreements; and, 3) The name and address of the custodian of the originals or copies of such agreements. e. Please set forth verbatim the content of each such agreement, or in lieu of setting forth verbatim the content of each such agreement, attach copies of any and all such agreements to your answers to these Interrogatories. f. State the composition of each such product, listing the approximate percentage of each such ingredient and, if one ingredient is diatomaceous earth, state whether it is untreated (raw), calcined or flux calcined. g. State the name, address and position or title of employment of each person supplying information or material used in answering any part of this Interrogatory, or who was consulted with regard to information used in answering any part of this Interrogatory. h. Please list and itemize with sufficient particularity so that it may be made the subject of a request for production each and every document or written or printed matter or other tangible item which was read, examined, consulted, reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document or written or printed matter or other tangible item. RESPONSE 6: Respondent is informed and believes that on or about August 26, 1937, respondent entered into an agreement known as the Stonfelt Agreement with Johns-Manville Corporation. This agreement was mofified on or about October 2, 1939. It is not now known when this agreement was ter minated. The provisions of the agreement are not now known to the respondent. Respondent does not now have a copy of the agreement or its modifications. Respondent is informed and believes that on or about November 23, 1935, the respondent entered into an agreement known as the Wovenstone Agreement with Johns-Manville Corp oration. This agreement is believed to have been amended on March 3, 1941, May 19, 1941, and December 4, 1944. It is not known when this agreement was terminated. The provisions of this agreement are not now known to the respondent. Respondent does not now have a copy of this or its amendments. agreement Respondent is informed and believes that on or about February of 1951, an arrangement with Mundet Cork Corporation for the sale of certain of respondent's products to Mundet Cork Corporation for distribution by it to certain persons, firms or entities may have commenced. Respondent is informed and believes that in or about October 1957 respondent and Mundet Cork Company entered into an arrangement for the purchase and sale of certain products between the two companies. It is not now known when these arrangements were terminated. The specific terms of the arrangements, as they may have been modified from time to time, are not now known to the respondent. Respondent has not maintained documents or records with respect to these arrangements in the normal course of its business. The respondent is informed and believes that on or about August 26, 1954, it entered into a contractual arrangement with Armstrong Cork Company for the purchase and sale of certain pipe covering and block. The respondent is informed and believes that this agreement was terminated on or about March 6, 1956. The respondent is informed and believes that on or August 1, 1957, the respondent and Eagle Picher Company entered into an agreement for the purchase and sale of certain products. about Documentation pertaining to each of the last above mentioned agreements as such documentation continues to exist to the respondent's knowledge may be viewed at the respondent's corporate offices on reasonable notice. INTERROGATORY 7: Have you or your subsidiaries, divi sions or predecessors in interest ever manufactured, sold or distributed products used for thermal insulation which contained asbestos, which product or products were sold, distributed or marketed under the brand name, trade name or otherwise designated as the product of some entity other than you, your subsidiaries, divisions or predecessors in interest? a. State the name, address and position or title of employment of each person supplying information or material used in answering any part of this Interrogatory, or who was consulted with regard to information used in answering any of this Interrogatory. b. Please list and itemize with sufficient particularity so that it may be made the subject of a request for production each and every document or written or printed matter or other tangible item which was read, examined, consulted, reviewed or used in any way in obtaining information and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document or written or printed matter or other tangible item. RESPONSE 7: Respondent is informed and believes that on or about August 26, 1937, respondent entered into an agreement known as the Stonefelt Agreement with Johns-Manville Corporation. This agreement was modified on or about October 2, 1939. It is not now known when this agreement was terminated. The provisions of the agreement are not now known to the respondent. Respondent does not now have a copy of the agreement or its modifications. Respondent is informed and believes that on or about November 23, 1935, the respondent entered into an agreement known as the Wovenstone Agreement with Johns-Manville Corpora tion. This agreement is believed to have been amended on March 3, 1941, and December 4, 1944. It is not now known when this agreement was terminated. The provisions of this agreement are not now known to the respondent. Respondent does not now have a copy of this agreement or its amendments. Respondent is informed and believes that in or about February of 1951 an arrangement with Mundet Cork Corporation for the sale of certain of respondent's products to Mundet Cork Corporation for distribution by it to certain persons, firms or entities may have commenced. Respondent is informed and believes that in or about October of 1957 respondent and Mundet Cork Company entered into an arrangement for the pur chase and sale of certain products between the two companies. It is not now known when these arrangements were terminated. The specific terms of the arrangements, as they may have been modified from time to time, are not now known to the respondent. Respondent has not maintained documents or records with respect to these arrangements in the normal course of its business. The respondent is informed and believes that on or about August 26, 1954, it entered into a contractual arrangement with Armstrong Cork Comapny for the purchase and sale of certain pipe covering and block. The respondent is informed and believes that this agreement was terminated on or about March 6, 1956. The respondent is informed and believes that on or about August 1, 1957, the respondent and Eagle Picher Company entered into an agreement for the purchase and sale of certain products. -7- Documentation pertaining to each of the last above mentioned agreements as such documentation continues to exist to the respondent's knowledge may be viewed at the respondent's corporate offices on reasonable notice. INTERROGATORY 8: If your answer to Interrogatory No. 7 is in the affirmative, then state the following: a. The name and address of each such entity. b. The date that each such entity first manufactured sold, or distributed such products and the date that each such entity last manufactured, sold or distributed such products. c. The brand name, trade name or other designation, identifying name, or mark under which each such product was sold, advertised, distributed or marketed. d. Whether you, or your subsidiary or division, had a written agreement with each or any such entity for the manufacture, sale or distribution, of such products. If your answer to this sub-part (d) is affirmative, state: 1) Whether you have copies of such agreements in your possession, custody or control; 2) The present location of the original or copies of such agreements; and, 3) The name and address of the custodian of the originals or copies of such agreements. e. Please set forth verbatim the content of each such agreement or, in lieu of setting forth verbatim the content of each such agreement, attach copies of any and all such agreements to your answers to these Interrogatories. f. State the composition of each such product, listing the approximate percentage of each such ingredient and, if one ingredient is diatomaceous earth, state whether it is untreated (raw), calcined, or flux calcined. g. State tne name, address and what position or title of employment of each person supplying information, or material used in answering any part of this Interrogatory, or who was consulted with regard to information used in an swering any part of this Interrogatory. h. Please list and itemize with sufficient particularity so that it may be made the subject of a request for production, each and every document or written or printed matter or other tangible item which was read, examined consulted, reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document -8- or written or printed matter or other tangible item. RESPONSE 8: See the response to interrogatory 7. INTERROGATORY 9: Are you, your subsidiaries or affiliates presently in possession of any products used for thermal insulation which contains asbestos? RESPONSE 9: No. INTERROGATORY 10: If your answer to Interrogatory No. 9 is affirmative, then please state: a. Itemize and list the type of such thermal insulation you presently have in your possession by the brand name or trade name of the insulation and the function of the insulation e.g., pipe covering, block, insulating cement, blankets, rope and the like. b. State the present location of all such products. c. State the name, address and position or title of employment of each such person who has custody of such products. d. State the name, address, and position or title of employment of each such person supplying information or mat erial used in answering any part of this Interrogatory, or who was consulted with regard to information used in answering any part of this Interrogatory. e. Please list and itemize with sufficient particul arity so that it may be made the subject of a request for production, each and every document or written or printed matter or other tangible item which was read, examined, con sulted, reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document or written or printed matter or other tangible item. RESPONSE 10: Not applicable, INTERROGATORY 11: With regard to the asbestos component of any product listed in answer to Interrogatories 1, 2, 3, 4, 5, 6, 7, please state from whom you, your subsidiary, division or predecessor in interest obtined such asbestos and, if there is more than one souree of asbestos for a particular product, please list all sources and, if the source varied from year to year, or from time to time, please state the source at the time or times it changed, and state the type of asbestos obtained from each source. a. State the name, address and position or title of employment of each person supplying information or material used in answering any part of this Interrogatory, or who was consulted with regard to information used in answering any part of this Interrogatory. -9- b. Please list and itemize with sufficient particul arity so that it may be made the subject of a request for production, each and every document or written or printed matter or other tangible item which was read, examined, consulted, reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or writtenor printed matter or other tangible item and the location of each such document or written or printed matter or other tangible item. RESPONSE 11; Respondent is informed and believes that its asbestos containing products contained chrysotile or amosite asbestos. Respondent is informed and believes that the principal source of chrysotile asbestos that it used was Canada. There were several producers of chrysotile asbestos and the company believes that it purchased from a number of these producers on open order. Records are not available to the respondent to show from whom such pur chases were made. The respondent is informed and believes that its amosite asbestos was secured from the Cape Asbestos Company. Records are not now available to the respondent to show the amounts of material purchased from the Cape Asbestos Company. Records have been discovered which show that in 1969 the company purchased 500 short tons of amosite asbestos from th& General Services Administration by contract dated June 20, 1960, and 1,282 bags of amosite asbestos from the General Services Administration by contract dated July 7, 1969. a. The Union Asbestos & Rubber Company was incorporated under the laws of'the State of Illinois on March 19, 1918. On April 17, 1963, the company's name was changed to Unarco Industries, Inc., a Delaware corporation incorporated in May of 1970, continues to exist at this time. Between 1917 and 1979 the company sold and manufactured various asbestos containing products. During 1954 the company disposed of certain manufacturing facilities that had earlier been involved in the manufacture of asbestos containing products. In 1962, a large part of the company's business dealing with the manufacture of asbestos containing products was sold. By 1970 Unarco Industries, Inc., had sold the remainder of its business dealing with the manufacture of asbestos containing products. Unarco Industries, Inc. has not manufactured asbestos containing products of any kind since 1970. When the company disposed of its various manufacturing facilities that had earlier been involved in the manufacture of asbestos containing products, it was the company's usual practice to leave most of its records at the particular facility. Similarly, employees at a transferred facility -10- generally were not retained in the company's employ. For these reasons and because of the passage of time since the company ceased its involvement in the manufacture of asbestos containing products, Unarco Industries, Inc., no longer has in its employ, to the best of its knowledge, information and belief, any person or persons who have the knowledge necessary to respond directly to this interrogatory. The company no longer has in its possession or at its disposal, to the best of its knowledge, information and belief, records or documents which it may consult to develop the requested information. b. See the response to interrogatory 11 a. INTERROGATORY 12; Does Defendant Johns-Manville Corp oration agree that, by 1929, it knew that persons exposed to an adequate dose of asbestos could develop asbestosis? a. State the name, address and position or title of employment of each person supplying information or material used in ansering any part of this Interrogatory, or who was consulted with regard to information used in answering any part of this Interrogatory. b. Please list and itemize with sufficient particularity so that it may be made the subject of a request for production, each and every document or written or printed matter or other tangible item which was read, examined consulted, reviewed or used in any way in obtaining information used in answering any part of this Interrogatory, and state who the custodian is of each such document or written or printed matter or other tangible item and the location of each such document or written or printed matter or other tangible item. RESPONSE 12: Not applicable. INTERROGATORY 13: Does Defendant agree that, by 1929, it or its predecessors in interest knew that persons who inhaled and retained in their lungs an adequate dose of asbestos could develop asbestosis? RESPONSE 13: Objection, overly broad and neither relevant nor reasonably calculated to lead to the discovery of relevant information. However, without waiving these objections, the Union Asbestos & Rubber Company was incorporated under the laws of the State of Illinois on March 19, 1918. On April 17, 1963, the company's name was changed to Unarco Industries, Inc., a Delaware corporation incorporated in May of 1970, continues to exist at this time. Between 1918 and 1970 the company sold and manufactured various asbestos containing products. During 1954 the company disposed of certain manufacturing facilities that had earlier been involved in the manufacture of asbestos containing products. -11- In 1962 a large part of the company's business dealing with asbestos manufacture was sold. By 1970, Unarco Industries Inc., had sold the remainder of its business dealing with the manufacture of asbestos containing products. Unarco Industries Inc., has not manufactured asbestos products of any kind since 1970. When the company disposed of its various manufacturing facilities that had earlier been involved in the manufacture of asbestos containing products, it was the company's usual practice to leave most of its records at the particular facility. Similarly, employees at a transferred facility generally were not retained in the company's employ. For these reasons and because of the passage of time since the company ceased its involvement in the manufacture of asbestos containing products, Unarco Industries, Inc., no longer has in its employ, to the best of its knowledge, information and belief, any person or persons who have the knowledge necessary to respond directly to this interrogatory. The company no longer has in its possession or at its disposal, to the best of its knowledge, information and belief, records or documents which it may consult to develop the requested information. INTERROGATORY 14: If your answer to Interrogatory No. 13 is negative, when do you maintain you first became aware that persons who inhaled and retained in their lungs an adequate dose of asbestos could develop asbestosis. RESPONSE 14: See response to Interrogatory 13 above. INTERROGATORY 15: In 1930, did this Defendant or its subsidiaries or predecessors in interest own or operate facilities for the manufacture of asbestos-containing textile products? RESPONSE 15: Yes. INTERROGATORY 16: In 1930, did this defendant or its subsidiaries or divisions or predecessors in interest own or operate facilities where asbestos-containing thermal insulation products were manufactured ( in addition to those facilities listed in answers to preceding Interrogatories )? RESPONSE 16: Yes. INTERROGATORY 17: In 1930, did this Defendant or its subsidiaries or divisions or predecessors in interest own or operate facilities where asbestos was mined and/or milled or have any interest in any such facility? RESPONSE 17: No. -12- INTERROGATORY 18: At any time, did Metropolitan Life Insurance Company conduct or make industrial hygiene surveys or measurements at any facility or location where asbestoscontaining products were manufactured, or asbestos was mined and milled, or where asbestos or asbestos-containing products were used by you or your division, subsidiaries or predecessors in interest? RESPONSE 18; No. INTERROGATORY 19; If your response to Interrogatory 18 is affirmative, then state the following: a. Did you have any written agreements with Metropolitan Life Insurance Company for the conducting of any such surveys? b. Please state the names of all facilities or all locactions where any such survey was conducted. c. State the date when each such survey was conducted. d. State the names of all persons conducting such surveys and who have knowledge of such surveys and, if known, those persons' last known addresses. e. Do you have in your possession, custody or control reports of data collected, or conclusions reached, as a result of any such surveys? If your answer to this sub part (e) is affirmative, please state the location and the custodian of each such report. RESPONSE 19: Not applicable. INTERROGATORY 20: Did you at any time acquire an entity, part of an entity or the assets of an entity that manufactured products used for thermal insulation which contain asbestos? RESPONSE 20: Yes. INTERROGATORY 21: If your response to Interrogatory No. 20 is affirmative, then state: a. When each such acquisition was made by you. b. Exactly what you acquired in each acquisition, e.g., an entity, part of an entity, or the assets of an entity. c. The name of each entity acquired or from whom you acquired a part of an entity or from whom you acquired assets. d. Was any such acquisition the subject of a written agreement? If your response to this sub-part (d) is in the affirmative, please set forth verbatim the contents of each such agreement. In lieu of stating verbatim the content of each such agreement, you may attach copies of all such agreements to your answers to these Interrogatories. -13- RESPONSE 21: a. April 1, 1947. b. The entire capital stock. c. Carolina Asbestos Company. d. Respondent objects to this sub-part of this interrogatory on the basis that it it overly broad, uncertain, irrelevant and not calculated to lead to the discovery of evidence admissible in this matter. INTERROGATORY 22: At any time, was any part of your stock, assets, or equity, or the stock, assets or equity of any of your predecessors in interest, owned in whole or in part by any other entity? RESPONSE 22: No, at least with respect to any of its asbestos operations. INTERROGATORY 23: If your answer to Interrogatory No. 22 is affirmative, please state: a. The name of each entity owning, in whole or in part any portion of your stock, or your predecessor in interest's stock, assets or equity. b. The dates of such ownership. c. The extent of such ownership (for example, owned 50% of common stock). d. Whether representatives of such owning entity were officers, directors or managing agents of your or your predecessors' corporation. RESPONSE 23: Not applicable. INTERROGATORY 24: Did you or your affiliates, divisions, subsidiaries or predecessors in interest, at any time, belong to any of the following organizations? a. Asbestos Textile Institute? b. Industrial Hygiene Foundation, later known as Industrial Health Foundation? c. Quebec Asbestos Mining Association? d. Quebec Asbestos Producers Association? e. National Insulation Manufacturers Association? f. Thermal Insulation Manufacturers Association? g. Asbestos Information Association, North America? h. National Insulation Contractors Association? i. Thermal Insulation Contractors Association? j. The Magnesia Association, the 85% Magnesia Association, or any organization with a similar name? k. American Standards Association? l. American Society for Testing and Materials m. American National Standards Institute or any of its predecessors? -14- RESPONSE 24: a. Respondent is informed and believes that it was a member of the Asbestos Textile Institute from November 16, 1944, to December 8, 1955. b. The respondent is informed and believes that it was a member of the Industrial Health Foundation from April 13, 1945, to April 17, 1950. c. No. d. No. e. The respondent is informed and believes that it was a member of the National Insulation Manufacturers Association from December 17, 1958 to June of 1962. f. No. g. No. h. No. i. No. j. No. k-m Certainly not with respect to any asbestos matter or asbestos operations. INTERROGATORY 25: If any of your responses to Interr ogatory 24a-24m are affirmative, then state: a. The dates you or your affiliates, divisions, sub sidiaries or predecessors in interest belonged to each such organization. b. The names of all persons who attended meetings of each such organization on your behalf or on behalf of your affiliates, subsidiaries, divisions, or predecessors in interest, and the dates they attended, and their positions or titles of employment at the time they attended such meetings. RESPONSE 25: a. See responses to Interrogatory 24 above. b. No book, record or document received or prepared by the respondent with respect to its membership in these organizations, if the respondent ever had any such book, record or document, has been retained by the respondent in its normal course of business. The only information respon dent has as to who, if anybody, attended meetings of these organizations is based upon review of the minutes and documents of such organizations. These minutes and documents have been produced by others and respondent has no other information or belief with respect to the veracity or accuracy of these documents. INTERROGATORY 26: Do you have in your possession, custody or control minutes, records, proceedings or similar records or documents regarding meetings of the following organizations: -15- a. Asbestos Textile Institute? If so, for what years? b. National Insulation Manufacturers Association? If so, for what years? c. Thermal Insulation Manufacturers Association? If so, for what years? d. The Magnesia Association, the 85% Magnesia Association or any organization with a similar name? If so, for what years? e. National Insulation Manufacturers Association? If so, for what years? f. Thermal Insulation Manufacturers Association? If so, for what years? RESPONSE 26: above. See response to Interrogatory 25 INTERROGATORY 27: If your answer to Interrogatory No. 26 is affirmative in any respect, then please attach copies of all such minutes, records proceedings or similar records or documents to your answers to these Interrogatories. If you refuse to attach such copies, please state in detail your reasons for such refusal. RESPONSE 27; Not applicable. INTERROGATORY 28: For the period that you manufactured sold or distributed products which contained asbestos that were used for thermal insulation purposes, state: a. The name and location of the entity from whom you obtained the asbestos used in such products and, if it varied from time to time, please state the supplier of your asbestos at each time. b. The type of asbestos obtained from each supplier at each time (e.g., amosite, crocidolite, chrysotile, anthophyllite). c. The manner in which the asbestos was packaged or contained when it reached the location where it was to be incorporated into another product or repackaged. d. The contents and/or description of any writing, marks, stamps, tags, designations or artwork appearing on the location where it was to be incorporated into some other product or to be repackaged and, if it changed from time to time, state what such changes consisted of. RESPONSE 28: See response to Interrogatory 11 above. INTERROGATORY 29: Did you at any time use the services of one or more person (s), laboratory, facility or other entity for the purpose, in whole or in part, of evaluating occupational disease claims made against you, or evaluating people for the presence of pulmonary or cardio-pulmonary chest disease? -16- RESPONSE 29: Objection, overly broad, vague, and neither relevant nor reasonably calculated to lead to the discovery of relevant information. Given the vagueness of the Interrogatory and its breadth, it appears that the Interrogatory also, when combined with Interrogatory 30, seeks privileged information. INTERROGATORY 30: If your answer to Interrogatory No. 29 is affirmative, please state: a. The name and address of each such person, laboratory, facility or other entity. b. The dates such services were used. c. To whom in your organization such person, labora tory, facility or other entity reported, and, if the person in your organization changed from time to time, please state the person's name and position or title at each such time. RESPONSE 30: See response to Interrogatory 29 above. INTERROGATORY 31: Did you at any time use the services of one or more person(s), laboratory facility or other entity for the purpose of analyzine, evaluating or testing asbestos or asbestos-containing products to determine if that asbestos or those asbestos products were potential health hazards or were capable of producing adverse biological effects in persons or animals exposed to such asbestos products? RESPONSE 31: Objection. Overly broad, vague, and neither relevant or reasonably calculated to lead to the discovery of relevant information. Given the vagueness of the Interrogatory and its breadth, it appears that the Interr ogatory also, when combined with Interrogatory 32, seeks privileged information. INTERROGATORY 32: If your answer to Interrogatory No. 31 is affirmative, then state: a. The name or names of each such person, laboratory facility or other entity. b. The date or dates such services were used. c. The description of the asbestos or asbestos-containing products that were analyzed, evaluated or tested and the date or dates they were analyzed, evaluated or tested. d. The name, position or job title, and dates of employment of all persons employed by you who arranged for or requested such analysis, evaluation or testing, or were responsible for communicating with the person, laboratory, facility or other entity doing the analyzing, evaluating or testing. e. Whether you have in your possession, custody or control any reports, letters, memoranda, documents, photo- -17- graphs, slides, graphs, chargs, diagrams, notes or other tangible items pertaining to any such analyzing, evaluating or testing. If your response to this sub-part (e) is affirma tive, state: 1) A description of all such materials sufficient to make such materials the subject of a request for pro duction or, in the alternative, 2) Attach copies of all such materials to your answers to these Inerrogatories. RESPONSE 32: See response to Interrogatory 31 above. INTERROGATORY 33: State the name and last known address of all physicians employed by you, now or in the past, in cluding where that physician was employed by you, the dates he was employed by you, and the general nature of the phy sician's duties while employed by you. RESPONSE 33: Objection. Overly broad and neither relevant nor reasonably calculated to lead to the discovery of relevant information. INTERROGATORY 34: State the name and last known address of all physicians doing work for you on a contract basis, now or in the past, including where that physician was located when doing contract work for you, the dates he was doing contract work for you and the general nature of the physician's duties while doing contract work for you. RESPONSE 34: Objection. relevant nor reasonably calcuated relevant information. Overly broad and neither to lead to the discovery of INTERROGATORY 3 5: State the name and last known address of all physicians working for you and paid by you as consultants, now or in the past, including where that physician was located when doing consultation work for you, the dates he was doing consultation work for you and the general nature of the physician's duties while doing consul tation work for you. RESPONSE 35: Objection. Overly broad and neither relevant nor reasonably calculated to lead to the discovery of relevant information. Additionally, the Interrogatory calls for privileged information. INTERROGATORY 36: State the name and last known address of all industrial hygienists employed by you, now or in the past, including where that industrial hygienist was employed by you, and the nature of the industrial hygienist's duties while employed by you. -18- RESPONSE 36: Objection. Overly broad and neither relevant nor reasonably calculated to lead to the discovery of relevant information. INTERROGATORY 37; State the name and last known add ress of all industrial hygienists doing work for you on a contract basis, now o" in the past, including where that industrial hygienist was located when doing contract work for you, the dates he was doing contract work for you and the general nature of the industrial hygienist's duties while doing contract work for you. RESPONSE 37; Objection. Overly broad and neither relevant nor reasonably calculated to lead to the discovery of relevant information. Additionally, the Interrogatory calls for privileged information. INTERROGATORY 38: State the name and last known address of all industrial hygienists working for you and paid by you as consultants, now or in the past, including where that industrial hygienist was located when doing consultation work for you, the dates he was doing con sultation work for you and the general nature of the industrial hygienist's duties while doing consultation work for you. RESPONSE 38; Objection. Overly broad and neither relevant nor reasonably calculated to lead to the discovery of relevant information. Additionally, the Interrogatory calls for privileged information. INTERROGATORY 39; Do you claim that you at any time placed warnings, cautions or other advisements on any asbestos or asbestos-containing products as to potential health hazards associatied with the use of such products? RESPONSE 39: No label placed by the respondent on any of its products has been retained by it in the normal course of its business. However, respondent is informed and believes that a label containing the following language is a label which may have been placed on the respondent's products sometime in the late 1960's: "CAUTION. This product contains asbestos fiber. Inhalation of asbestos in excessive quantities over long periods of time may be harmful. If dust is created when this product is handled, avoid breathing the dust. If adequate ventilation control is not possible, wear respirators approved by the U.S. Bureau of Mines for Pneumoconiosis producing dusts." -19- However, this defendant can not now verify that the above information is accurate or correct. Other than this infor mation, respondent has no other knowledge, information, or belief with respect to the communication of a warning or caution by way of label with regard to any of its asbestos containing products. Discovery is continuing. INTERROGATORY 40: If your answer to Interrogatory No. 39 is affirmative, please state: a. The exact wording of each such caution, warning or advisement. b. The exact date each such caution, warning or advisement was placed on the product itself, on the containers. c. Whether the caution, warning or advisement was placed on the product itself, on the container only or on both the product and container. RESPONSE 40: See response to Interrogaotry 39 above. INTERROGATORY 41: Do you agree that the health hazards associated with exposure to asbestos and/or products used for thermal insulation which contain asbestos are asbestosis, lung cancer, pleural mesothelioma, peritoneal mesothelioma and gastrointestinal cancer? RESPONSE 41: Respondent is informed and believes, based upon medical and scientific information available today, that asbestosis may be associated with the inhalation of asbestos in excessive quantities over long periods of time. Respondent is informed and believes, based upon medical and scientific information available today, that some physicians and scientists have associated excessive inhalation and ingestion of asbestos with lung cancer, mesothelioma, and gastrointestinal cancer. Respondent is informed and believes that even today there is a dispute in the medical and scientific communities concerning these associations. INTERROGATORY 42: If your answer to Interrogatory No. 41 is negative in any respect, then please state in detail the reason for such negative response. RESPONSE 42: See response to Interrogatory 41 above. INTERROGATORY 43: Did you ever publish or sponsor, in whole or in part, any publication (such as a pamphlet, brochure, article, or the like) which described the potential health hazards associated with exposure to respirable asbestos, or which attempted to describe methods or procedures for handling asbestos or asbestos-containing products? If your response to this Interrogatory is affirmative, please describe with sufficient particularity to make it the -20- subject of a request for production each such publication or, alternatively, attach copies of all such publications to your answers to these Interrogatories. RESPONSE 43; Objection. Overly broad and neither relevant nor reasonably calculated to lead to the discovery of relevant information. However, respondent will state that it is informed and believes that it did not generally recommend methods of field handling for final installation of its products. The company did not advise users of the product as the products were sold to distributors and ultimately to contractors who were experts in the installation business. Copies of certain product literature pertaining to products manufactured by the respondent containing some information are available for inspection in the offices of counsel for the respondent upon reasonable notice. The copies are not good, and are not subject to being clearly copied. Respondent does not know whether or not it is complete or accurate as it was not in the respondent's possession before discovery. Respondent is informed and believes that Owens-Corning Fiberglas Corporation may have certain product literature that may have been used by the respondent. Respondent does not know whether or not this product literature is accurate or complete. The preceeding items were not in the possession or under the control of the respondent and were not maintained by us in the normal course of its business. The respondent does not know the date of preparation of these items. The respondent is not able to verify the authenticity or accuracy of the brochures. Respondent is not able to authenticate the genuineness of the documents. INTERROGATORY 44: Do you have in your possession custody or control any documents, letters, reports, memoranda, notes, correspondence or other tangible items regarding or in any way related to any survey, study, investigation or analysis of any segment, sector or portion of the asbestos industry in the United States which was conducted by the United States Public Health Service? (The term "asbestos industry" includes any facility or location where asbestos or asbestos-containing products were mined, milled, processed, fabricated, used.) RESPONSE 44: No, except what may have been produced by others in this litigation. INTERROGATORY 45: If your answer to Interrogatory No 44 is affirmative, then state: a. The name, address and position or title of employ ment of the custodian of all such documents, letters, reports, memoranda, notes, correspondence or other tangible items. b. The location by address, of all such items. -21- c. A description of each document, latter, report, memorandum, note, correspondence or other tangible item, including the date of such item, the number of pages of such item, the apparent author of such item, the recipient or addressee of such item (if any) and any other description adequate to make each such item the subject of a request for production. d. In lieu of answering this Interrogatory No. 44, you may supply copies of all such items with your answers to these Interrogatories. RESPONSE 45; See response to Interrogatory 44 above. INTERROGATORY 46: Do you have in your possession, custody or control any records, lists, documents or other tangible items which contain any information about products used in any United States shipyard (whether operated or owned by the United States Government or not) between 1940 and 1946? RESPONSE 46; No, except what may have been produced by others in this litigation. INTERROGATORY 47: If your response to Interrogatory No.46 is affirmative, then state: a. The name, address and position or title of employ ment of the custodian of such items. b. The location, by address, of such items. c. A description of each such item sufficient to make it the subject of a request for production. d. In lieu of answering this Interrogatory No. 46, please supply copies of all such items with your answers to these Interrogatories. RESPONSE 47: See response to Interrogatory 46 above. INTERROGATORY 48: Do you have in your possession, custody or control any records, documents, report, lists, compilations or other tangible items reflecting or containing any information concerning entities to whom you sold asbestos containing products used for thermal insulation? RESPONSE 48: Objection. Overly broad and neither relevant nor reasonably calculated to lead to the discovery of relevant information. INTERROGATORY 49: If your answer to Interrogatory No. 48 is affirmative, state: a. Do such items reflect any date or dates on which such products were sold? -22- b. State the name, address and position or title of employment of the custodian of all such items. c. Describe each such item, individually or by cate gory, in such a manner as to identify all such items so that all such items may be made the subject of a request for production. d. In lieu of answering this Interrogatory Mo. 48, please attach copies of all such items to your answer to these Interrogatories. RESPONSE 49: See response to Interrogatory 48 above. INTERROGATORY 50: Do you have any evidence or infor mation as to whether or not there ever was in the State of Colorado any facility, the purpose or function of which was to mine asbestos, mill asbestos or manufacture products in corporating asbestos as an ingredient? If so, please state all evidence or information you have in this regard. RESPONSE 50: Respondent never had such a facility. Respondent does not know if others may have had such a facility. State of Illinois County of Cook ) ) ss ) law, upon Robert J. Penn, being first duly sworn according to states that the information set forth herein, based his information and belief, is true and accurate. the Sworn and subscribed before me this 22nd day of JANUARY 1982. ' MY COMMISSION EXPIRES June 8, 1983 -23- CERTIFICATE OF MAILING Bruce F. Fest, Esq. Wood, Ris & Hames 518 17th Street Suite 1100 Denver, Colorado 80203 Mike Hilgers, Esq. Burnett, Horan & Hilgers 909 17th Street, Suite 712 Denver, Colorado 80202 Donald H. Shear, Esq. Tilly & Graves 50 S. Steele Street Suite 800 Denver, Colorado 80209 Richard P. Holme, Esq. Davis, Graham & Stubbs 950 17th Street, Suite Denver, Colorado 80202 2600 John E. Walberg, Esq. 801 East 17th Avenue Denver, Colorado 80218 Larry Blackman, Esq. Greengard, Blackman & Senter 50 S. Steele Street, Suite 700 Denver, Colorado 80203 Donald E. LaMora, 430 N. Tejon Suite 303 Colorado Springs, Esq. CO 80903 David Higgins, Esq. Long & Jaudon 717 17th Street, Suite Denver, Colorado 80202 1580 Jack Kent Anderson, Esq. DeMoulin, Anderson, Camp bell, & Laugesen 3464 S. Willow Street Denver, Colorado 80231 Albert E. Zarlengo, Esq. Zarlengo, Mott & Zarlengo 210 St. Paul Street Suite 200 Denver, Colorado 80206 Kenneth Groves, Esq. 225 East 16th Avenue Suite 1000 Denver, Colorado 80203 J. Conard Metcalf, Esq. 1435 Arapahoe Avenue Boulder, Colorado 80203 I hereby certify that on this day of \_b___&__Ul 1982, I deposited in the United States mail, postage prepaid, a true and correct copy of the foregoing DEFENDANT UNARCO'S RESPONSES TO PLAINTIFFS'FIRST SET OF INTERROGATORIES TO ALL DEFENDANTS EXCEPT METROPOLITAN LIFE to the above listed in dividuals. -24- EXHIBIT ONE The following is a list of those products known to have been manufactured and sold by Union Asbestos & Rubber Company and Unarco Industries, Inc. It is possible that brochures and pamphlets or other material not available at this time may contain information as to other products or other information as to the listed products. The list provided below may be subject to some later additions should further information be discovered or made available. (1) Unibestos - sectional pipe insulation: This product was first manufactured in 1936. It was manufactured at the Cicero, Illinois, plant; the Paterson, New Jersey plant; the McGregor, Texas, plant; the Tyler, Texas, plant and the Bloomington, Illinois, plant at various times. This was a molded sectional pipe insulation made in numerous sizes and brown in color. It was manufactured from amosite asbestos fibers. Added to these fibers was diatomaceous earth and a bonding agent of sodium silicate was sprayed on the mix of amosite and diatomaceous earth. (2) Unibestos - insulation blocks: It is not known when this product was first manu factured. It is believed that this product was manufactured at the Paterson, New Jersey, plant; however, it is not known when production of this -1- product ceased. It is known, however, that the entire Unibestos line was sold on July 1, 1962. (3) Insubestos - insulating felt: It is believed that this product was developed in the early 1940's. It consisted of rovings of amosite woven together by use of asbestos yarn into a felt blanket. (4) Asbestos textiles were manufactured from chryso- tile asbestos fiber and cotton twisted into a yarn and then woven into cloth, tapes, tubings, sleevings, cord, etc. These products were manufactured at the Davidson and Marshville, North Carolina, plants. (5) Insutape and Super Insutape: This was a wrap-on insulation - a woven asbestos tubing through which a roving of amosite, overlacing with asbestos yarn, was drawn. Some was treated with a neoprene coating for weatherproofing. (6) Wovenstone: This was a lace on insulation made from amosite rovings laced with asbestos yarn and made into a narrow felt. (7) Insutube - a slip-on insulation: This was a double-braided, neoprene-treated asbestos tubing used for small hot and cold water pipes. -2- (8) Braided asbestos packings: Asbestos yarns braided into squares, twisted or plain. This was treated wit neoprene and other coatings. It was made at Marshville and shipped to Bloomington for treatment. (9) Asbestos Cloth. (10) Asbestos rope. (11) Unibestos sheets. (12) High pressure packing. (13) Asbestos gaskets. All of the above were manufactured prior to 1948. The Unibestos line was sold on July 1, 1962. Many of the above lines were also discontinued in the 1960's. For example, all asbestos textile manufacturing operations ceased in 1963, with the sale of the Marshville plant. (14) Fibrous glass insulating and acoustical products, these were apparently added in 1948. (15) Custom tailored high temperature insulation for diesel locomotive, turbines and other industrial uses. It is assumed that such products were also made prior to 1948. (16) Unarco Metal Mesh Insulating Blankets (1949) (17) Unarco Fibrous Glass Insulating and Sound Blankets (1949) . (18) Unarco Thermal Insulating and Sound Blankets (1949) . -3- (19) Unarco Combination Asbestos - Glass Cloths (1949) . (20) Asbestos cord. (21) Asbestos seals. (22) Unarco calcium silicate pipe insulation (1957). (23) Unarco calcium silicate insulating blocks (1957). (24) Unarco mineral wool (1957). (25) Unarco insulating cements (1957). (26) Unarco asphalt waterproofing materials (1957). It is believed that items 22-26 were no longer manufactured after 1960. (27) This product was first manufactured in 1959 or 1960. Rights to this product were acquired in 1958. It is not known from whom these rights were acquired. Unarcoboard is described as an inorganic noncombustible board. (28) Brake linings: The company is informed and believes that it sold fabrics and yarns for manufacturers or brake linings during the 1920s. In or before Februrary 1942 the respondent sold its brake lining division, stocks of work in process and inventories to L. J. Miley Company. The company has no other knowledge or information with respect to its manufacture or sale of brake lining. -A- EXHIBIT TWO The company is presently engaged primarily in the manufacture and sale of welded steel tubing; materials handling equipment, including storage racks; shopping carts, and supermarket storage and display equipment, stainless steel sinks and plumbing fixtures; load restraining equipment, hand brakes and other equipment, largely for sale to railroads; safety lights for mobil homes and recreational vehicles; and molded rubber wheels. Within this framework, the products of Unarco Industries, Inc. are highly diversified and have been classified into three pro duct groups - (1) steel fabricating, (2) food handling and commercial products, and (3) communication and transportation. Plants The Unarco Industries, Inc. - Union Asbestos & Rubber Company plants discussed below relate only to the former asbestos operations of the company. The company has and has had numerous other plants which are unrelated to the manufacture of asbestos products. Cicero, Illinois This plant was built in 1926. Its address was 1811-33 South 54th Avenue, Cicero, Illinois. The company manufactured numerous asbestos products at this plant including: insulation. -1- yarns, Unibestos pipe insulation and high temperature insulation for diesel engines. Plant operations ceased in 1953 and by 1954 all operations had been moved to the Bloomington, Illinois, plant. Earlville, Illinois On August 7, 1946, the company acquired this plant from the War Assets Administration. The plant manufactured asbestos gaskets and packings. Full scale operations were begun in 1947. In 1953, operations at this plant ceased and the plant was sold. Operations were moved to the Bloomington, Illinois, plant. The purchaser of the plant is unknown at this time. Davidson, North Carolina On April 1, 1947, the company acquired the entire capital stock of the Carolina Asbestos Company. The Carolina Asbestos Corporation manufactured asbestos textiles at the Davidson, North Carolina, plant and at a plant located at Marshville, North Carolina (see below). The plant was sold on April 14, 1950. Marshville, North Carolina See discussion of Davidson, North Carolina, plant above. This plant was also acquired on April 1, 1947. After the sale of the Davidson plant, the Marshville plant became the company's center for manufacture of asbestos textiles including cloths, tapes, tubings, yarns, etc. This plant was sold to Johns-Manville Corporation on March 6, 1963. -2- Bloomington, Illinois This plant was first leased on January 1, 1951. At one time or another nearly all of the company's asbestos products were manufactured here. These products included: Unibestos pipe insulation, Unibestos insulating blocks, Wovenstone, Insutape, Insutube, Insubestos, etc. In 1953 the company's operations at Cicero, Illinois, and Paterson, New Jersey, were moved here. Those plants were closed. After sale of the Tyler, Texas, plant in 1962 and the Marshville, North Carolina, plant in 1963, the Bloomington plant was the only company facility where asbestos products were manufactured. In April, 1970, this plant was sold to Owens-Coming Fiberglas Corporation. The company, at that time or perhaps some months prior thereto, ceased all asbestos operations. McGregor, Texas In 1949 the company contracted with the War Assets Administration for purchase of the plant in McGregor, Texas. The sale was consummated in February, 1949. Production, however, did not begin until late 1949 or early 1950. This plant was engaged in the manufacture of Unibestos pipe covering. In 1953 the United States Government notified the company of its intent to acquire the plant by purchase. In 1954 the Government instituted condemnation proceedings for the plant. -3- Tyler, Texas As a result of the notification given by the United States of its intent to purchase the McGregor plant, the company found another plant facility for the manufacture of Unibestos pipe covering. It purchased the Tyler, Texas, plant in 1954 and after several months of remodeling, it began operations there to manufacture Unibestos pipe covering. On July 1, 1962, the company sold this plant, together with all rights to the Unibestos insulation line to Pittsburgh Corning Corporation. At this time, production of the Unibestos line of asbestos ceased at the Bloomington, Illinois, plant. Watseka, Illinois The company is informed and believes that it had a facility for the manufacture of molded brake linings and clutch casings at Watseka, Illinois, for several years prior to approximately 1934 or 1935. At this time, the company has no other information with respect to this facility. -4- <2 DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO Case No. 81-CV-0520-2 DEFENDANT UNARCO'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO ALL DEFENDANTS EXCEPT DEFENDANT METRO POLITAN LIFE INSURANCE COMPANY (March 18, 1981). BILLIE JOE SWAN AND JO ANN SWAN, husband and wife. Plaintiffs, v. JOHNS-MANVILLE SALES CORPORATION (successor by merger to JOHNS-MANVILLE PRODUCTS CORPORATION, et al., Defendants. COMES NOW defendant Unarco Industries, Inc., by and through its attorneys, Weller, Friedrich, Hickisch & Hazlitt, and in response to Plaintiff's First Set of Interrogatories to All Defendants, Except Metropolitan Life Insurance Company,(March 18, 1981), incorporates as though fully set forth herein its Responses to Plaintiff First Set of Interrogatories to All Defendants Except Metro politan Life in 80-CV-1577-2D filed February 1, 1982. WELLER, FRIEDRICH, HICKISCH & HAZLITT By Attorneys for Unarco 900 Capitol Life Center 225 East 16th Avenue Denver, Colorado 80203 861-8000 # Anne Smith Myers, Esq. Watson, Nathan & Bremer, P.C. 820 16th Street, Suite 434 Denver, Colorado 80202 R. Eric Peterson, Esq. Michael L. O'Donnell, Esq. White & Steele, P.C. 1660 Lincoln Street, Suite Denver, Colorado 80264 1660 DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO IN RE ASBESTOS CASES REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT UNARCO INDUSTRIES, INC. JOHNSON KRIEGER PANTHER - Case Case Case no. No. No. 80-CV-0942-2 79-CV-1774-2 79-CV-0559-2 AMON DANIEL - Case No. 80-CV-2138-2 - Case No. 80-CV-1577-2 CHASE ) ) ) ) ) ) IN RE ASBESTOS CASE NO. 79-CV-1774-2D IN RE ASBESTOS CASE NO. 80-CV-1577-2D CASE NO. 81-CV-1741-2 JACKSON ) CASE NO. 81-CV-1339-2 KELLOGG ) CASE NO. 82-CV-0154-3 SWAN Plaintiffs, ) CASE NO. 81-CV-0520-2 v. JOHNS-MANVILLE SALES CORPORATION (successor by merger to JOHNS-MANVILLE PRODUCTS CORPORATION), et al.. Defendants. TO: DEFENDANT UNARCO INDUSTRIES, INC. DATES, TIMES AND PLACES OF PRODUCTION: DATE: SATURDAY - MARCH 6, 1982 TIME: Arrival time to be determined) PLACE: WESTERVELDT, JOHNSON, NICOL & KELLER 1400 FIRST NATIONAL BANK BUILDING PEORIA, ILLINOIS DATE: TIME: PLACE: MONDAY - MARCH 8, 1982 8:00 a.m. UNARCO, INC. 332 S. MICHIGAN AVENUE CHICAGO, ILLINOIS PRODUCTION OF DOCUMENTS (ORIGINALS OR LEGIBLE COPIES WHICH ARE TRUE AND CORRECT COPIES OF THE ORIGINALS) AT THE ABOVE STATED TIMES, DATES AND PLACES: All documents pertaining to asbestos-related disease; asbestos-related disease claims; asbestos-related disease research, sales and purchase and manufacture of asbestos and asbestos-containing products in your possession, custody and control. WILLIAMS, TRINE, GREENSTEIN & GRIFFITH, P.C. Attorneys for Plaintiff 1435 Arapahoe Avenue Boulder, CO 80302 (303) 442-0173 was hand delivered to A true co Marc R. Brosseau, Esq. on 3-5-82 & eof/vas mailed to all opposing counsel of record at _ ..office (s) address by depositing the same in the U.S. postage prepaid. 19_Z g 4(l#2' DISTRICT COURT, BOULDER COUNTY, STATE OF COLORADO IN RE ASBESTOS CASES REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT UNARCO INDUSTRIES, INC. - JOHNSON - Case No. 80-CV-0942-2 ) ^RIEGER - Case No. 79-CV-1774-2 ) ^/PACELLO - Case No. 80-CV-0089-2 ) IN RE ASBESTOS CASE ^PANTHER - Case No. 79-CV-0559-2 ) NO. 79-CV-1774-2D WOLFE - Case No. 80-CV-0935-2 ) * t/j^JON - Case No. 8 O-CV-2138-2 ) NIEL - Case No. 80-CV-1577-2 ) IN RE ASBESTOS CASE t/ LARSON - Case No. 80-CV-1714-2 ) NO. 80-CV-1577-2D ^BOLTON CASE NO. 81-CV-1296-2 CHASE *-""CULP CASE NO. 81-CV-1741-2 CASE NO. 82-CV-0067-2 GOOLD CASE NO. 81-CV-0541-2 ./ JACKSON -^KELLER CASE NO. 81-CV-1339-2 CASE NO. 82-CV-0403-2 KELLOGG CASE NO. 82-CV-0154-3 SWAN CASE NO. 81-CV-0520-2 Plaintiffs, v. JOHNS-MANVILLE SALES CORPORATION (successor by merger to JOHNS-MANVILLE PRODUCTS CORPORATION), et al. Defendants TO: DEFENDANT UNARCO INDUSTRIES, INC DATE, TIME AND PLACE OF PRODUCTION DATE: TIME: PLACE: MONDAY - MAY 3, 1982 9:00 a.m. UNARCO OFFICES 332 S. MICHIGAN AVENUE CHICAGO, ILLINOIS PRODUCTION OF DOCUMENTS (ORIGINALS OR LEGIBLE COPIES WHICH ARE TRUE AND CORRECT COPIES OF THE ORIGINALS) AT THE ABOVE STATED DATE, TIME AND PLACE: A. Any and all documents or any other tangible item regarding health hazards of asbestos or asbestos-containing products; claims against UNARCO or Union Asbestos & Rubber Company by those alleging asbestos related disease, which claims predate 1970; purchases and sales by UNARCO or Union Asbestos & Rubber Company; purchases and sales of asbestos-containing products by UNARCO or Union Asbestos & Rubber Company; regarding research (in any way sponsored, funded or supported by UNARCO or Union Asbestos & Rubber Company) concerning asbestos related health hazards; the attending of meetings or conferences by employees or representatives of Union Asbestos & Rubber Company or UNARCO where asbestos related health hazards were discussed (including agendas, programs, texts of speeches given, notes made, travel arrangements, hotel accommodations and the like). B. To the extent not included in (A) hereof, any and all other documents or tangible items produced by UNARCO or Union Asbestos & Rubber Company, in any other litigation relating to asbestos related disease. WILLIAMS, TRINE, GREENSTEIN & GRIFFITH, P.C. record at Attorneys for Plaintiff 1435 Arapahoe Avenue Boulder, CO 80302 (303) 442-0173 3?2 S' uZ^f 4/^C< \ J> / r 3L U,isJO./2-LO ^ Z- S. it^cH ^v/i. r>OAi t^M~r______________________________ <1^*SLS &AtoA/ P**tPiC /^Co /**//4* >< fca> 6 C ~T )JeB 6SrlO~Z- MuMk+u S*n-4>> if d^wncs aMI UM^O/y 7/f*j!< (*-& te> 1 < t tV, jjat&Sre^ C&-*CL^iy. 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