Document J3yQO94J2Jkz4Z8bQEbBNqXKv

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION CENTRAL WESLEYAN COLLEGE, os behalf of itself and aO others similarly situated, Plaintiff, W.R. GRACE * CO., at al., DNbafeetf. ) ) ) ) ) ) ) ) ) CHI Action Nn. 247-IMM ) ) ) ) DOTWPAMT, W.R. GRACE A CO. - CONN.'S KRSRON8K in fuimpr mtT m or MimnaiTnaM Pursuant to Discovery Offer I, entered heefet Oetafer 25,1994, Defendant, WJL Grace A Co. Conn., formerly known as W.R. Grace A Co. COtnee'), by its uadsritgnnl attorneys, responds to Plaintiffs' Ftnt Setof lacarrogaturies, originally saved AugtMt 5,1916, in Qmson University and The CoOe$e ef Omrieste* on beketf ef dmmetves end aff odten simlariy titumed v. W.R. Once A Gi., meL, Qvil Action Na. 2:1*0955*2, and made sppiirahlr harm by order of the court daiad Daamnhnr I, INI, aa feflaeu: INTRODUCTION The following responses are based upon ten by Grace at the time at responding to them inwrrogasorkc. Much of the informant fean back many yams and is difflcak or impossible to reconstruct or retnev*. the right to amend theta responses at and if new or better information becomes to it or if errors me discovered. I RESPONSE: No. CSTE&ROGATQEY NQ. fc Htv>e you ever milled asbestos? If so, state the dates you were involved in the milling of asbestos, and the of your milling farilidaa. RESPONSE; No. INTERROGATORY NO. 7: Have you ever sold raw uhtew fiber? If se, stem the date* yeu weie involved in the sale of raw asbestos fiber, and describe the drcumataaeas of yaur insteatoat RESPONSE; . Not on any regular basis. In isolated 1nauseas, soma Caaitrwdaa Products Division plants sold very limited amounts of commercial asheuos so panMar customers, as an accommodation. Likewise, some CPD piawt mintgan appear ta have said semainiag inventories of commercial asbestos liber at the time the CPD dueemmaed die sria of certetrurian products containing commercial Mbmo* During tot pmiad from 1976 to 1982, certain foraigitumidieriat of Graeesokl a product known as Sylodaa 14 and 34 to foreign producers of ptoufc raeiat, Mating compounds, adhesives, etc. for uaa as a thickening or thixotropic agent. The product was chiysotile asbestos which Union Carbide mined and bagged in Calidria, California. Union Carbide shipped the product directly to its foreign destination, generally to Grace's foreign tohaSisry (but apparently sometimes to the ultimata purchamr). The tnrsactioA was professed threat Grace's accounting system showing u the shipper either foe Export Order Department of Game's Padfi-Inter- American Division or the Industrial Chemicals Group's Sales Accounting or Export Purchasing 6 - Gioup. Grace was billed by Union Carbide, and charged the foreign subsidiary an intercompany transfer price in the same amount. Payment by the purchaser was made to the foreign subsidiary. To the best of Grace's knowledge, Grace acted only as an accounting facility for such transactions. Union Carbide's asbestos was also occasionally sold as "HPO Asbestos* in a similar fashion. Use of asboaaos as a "thixotropic agent" or thickener in plastic resins and similar products in the United Stales itself is still a permitted use by the CPA. INTERROGATORY NO. It List by bleed name every product containing asbestos intended for use in building construction/insuletion which you have ever manufactured. As to each such product, state the following: (a) typwaf product (.*., acoustical plaster, fireproofing, etc.); (b) the dm* tiw product first went into production; (c) the loot dM the product was produced; (d) the lam dale the product was sold; (0 dorae of aaudbraera at each location; (g) die papcaacags of aahesioi, and the dates and all reasons for any modification theme; (h) fee type of asbestos; (i) tite specific source of asbesloi wttii dues; 0) the color, physical ehancsmishe, and appearance of the product; (k) a full and peemae daaeripiien of die pedage in which the product was sold, including, but not limited to, type of package, sine, coler(s), and writings thereon; (l) all other names under whiah the product woe sold; (m) the number and data of each patent or paaant application as to the product; (n) if the prodMt eonttnuad so be produced after the deletion of asbestos, all reasons why the asbestos was ddoead, the identify [sic] of the person who made the decision to delete the asbestos, and die data the predoae was first produced withouot [sic] the asbestos; (o) if the product is ne longer produced, all reasons it was discontinued, the identity of the person who made the decision to discontinue the product, the brand name of the replacement product, and the date the replacement product first went into production; (p) a precise description of your identifying logo or initials and the dates of inclusion on the product; -- (q) the identity of the custodian of actual containers or photographs of containers of the product; (r) all other names under which the product was sold; 7- - YIRirittTIQIT STATE OF FLORIDA COUNTY OF PALM BEACH ) John v. Port, being duly sworn, deposes and says that he is the Controller, LSG, for the defendant w.R. GRACE & CO.-CONN., a Connecticut corporation; that he has read the foregoing responses to plaintiff's First Set of Interrogatories; that said response was prepared with the assistance of employees and representatives of the corporation; with the assistance and advice of counsel, upon which he has relied; and that said response is eonplata in accordance with the limitations stated therein to the best of his present toowledge, information and belief. EXECUTED THIS 2** day of December, 1994, at Boca Raton, Florida JOHN V. PORT by John V. Port, whs is personally toovn to me. My Ciaamission Expires: Dated this 23rd day of December, 1994. Respectfully submitted, OGLETttE, DEMONS, NASH, SMOAJC & STEWART 300 North Main Street Rost Office Box 2757 Greenville, South Carolina 29602 (803) 271*1300 L. Gray pWdie,4ry(#lG20) DonaliA. CockttI(#192) Phillip A. Kilgore (#2329) Attorneys for Defendant W.R. Grace & Co. - Conn. -U