Document JN9p377dR1xnyyRnVZq9wKzor

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, ET AL, all minors. Plaintiffs, -VS- THE CITY OF DETROIT, and N. L. INDUSTRIES, INC., A New Jersey Corporation, jointly and severally, _________________________Defendants _________ / NO. 74-002-312 NO NOTICE OF TAKING DEPOSITION TO :BARRAN & KNOPPOW -and- Attomeys for Plaintiffs GARAN, LUCOW & MILLER ET AL Attorneys for City of Detroit 561 E. Jefferson Avenue Detroit, Michigan 48226 PLEASE TAKE NOTICE that on' the 26th day of August 19 77, commencing at 30_______o'clock in the afternoon, at the ___ _ Dr. Neil Levy, D. 0. 27301 Dequindre, Madison Hgts. Mi. offices of MORDfteil, CHEATHAM A MaaMlTHUftr 2^56-Duhl---Building^. Jlftrrnit, Michigan, the Def. N. L. Industries Inc.wjn take the deposition upon oral examination of Dr. Neil Levy, D. 0. e this deposition to be taken in accordance with Rules 302.1, 305.1 and 306.1 of the Michigan General Court Rules. This notice is given as provided for in Rules 305.1 and 306.1 of the Michigan General Court Rules, as.dxds;!SStndxsxtflS3nsiy at the time and place stated. You are invited to attend and examine the witness. MORBACH, CHEATHAM & MacARTHUR DATED: July 12, 1977 By __________________. CHARLES C. CHEATHAM (PiiBIo) Attorney for N. L. Industries, 2450 Buhl Building Detroit, Michigan 48226 964-1146 Inc. NL 000039317 N 26065 STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Indiv. and as next friend ot S'i'iiVisiN nuASLEY, plaintiff et al, minors V*. THE CITY OF DETROIT & N. L. INDUSTRIES, INC . DrfnKbnl Civil Action 74-002-312 NO SUBPOENA * DUCES TECUM IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN; TO LARRY CHADWZYNSKI, c/o City of Detroit, Dept, of Health . a?-?; . o:`-*"' ' at the offices of Morbach, Cheatham You are commanded, to appear bjifai'i llii' gtli-uiL.Cuul'tTjl lliH.ftmilJV ufM 2450 Buhl Building, Detroit, Michigan 4S226 fit MacArthur it;,.. 1`iWi ~ in ntwfiily f*niiaijn n.Ildino, City of Detroit, Wayne County, nr> Tuesday the 9th -day of- August -A.D., 19.-7 , at------o'clock in ihn after nnnn to testify and give evidence in a certain cause now pending in said Court, tlien uiai lliun.'wie-triLj, isefese. JUDGE;-- between _____________________ _____ . PlaintifF(s) and, Defendants)___ , , , Defendant, N. L. Industries, Inc. on the port or the___ _ ___________ ___________ And for a failure to attend you will be deemed guilty of a Contempt of said Court and will be liable to pay all loss and damage sustained thereby to the part_____aggrieved, together with the sum of Two Hundred fifty Dollars In addition thereto. ifcORBACH, CHEATHAM & MacARTHUR Witness, the Hon. JAMES N. CANHAM, Presiding Judge, and Hie seal of said Court, at the Court House, in the City of Detroit, Wayne County, Michigan, this BY: Cl;SRLES--C7""CHEA'i'HAM (P118L57 Attorney__for N. L. Industries, Inc. 2450 Buhl Building --Busi-n-e--s-s--AIjddj r-e--s-s--------Deuxuxt;' Mi.--48226 964-1146 Phone No. . *** AND BRING WITH YOU LIST OF DOCUMENTS AND RECORDS ANNEXED TO THIS SUBPOENA______ NL 000039318 N 26065.01 1; All records concerning interior and exterior painting at premises known as 4800 Nevada, Detroit, from the time said premises were constructed until the present. 2. All records concerning painting of exeriors and interiors n the Sojourner Truth housing project. 3. All records of soil samples taken and tested for lead in the Sojourner Truth housing project. 4. All records of pain samples secured for the purpose of testing tor lead in the Sojourner Truth project. 5. All; analysis of paint samples taken for lead in the Sojourner Truth housing project. 6. All instructions for painting in the Sojourner Truth housing project. 7. All criteria for the correction of leaded paint in the Sojourner Truth project. 8. All blood lead analysis results in the Sojourner Truth project. 9. All blood lead analysis results in the Atkinson School. 10.. All blood lead analysis results in the City of Detroit. 11. All documents, papers and correspondence with the Center for Disease Control concerning blood lead analysis and blood lead analysis results. 12. All documents and papers concerning animal studies for blood lead. 13. All correspondence with and documents furnished to other governmental agencies or units concerning lead screening programs and the results in Detroit. 14. All records documents, statements and writings of any kind, concerning the Beasley family and any of its members who resided at 4803 Nevada, Detroit. La w Omen HOREACH. CHEATHAM a ma c a r t h u r 2*94 Bum. autLoitta DETKOIT. HKiMMIAM ** {313} 034.1148 NL 000039319 STATE OF MICHIGAN .IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Indiv. and as Next Friend of STEVEN BEASLEY, BRIAN BEASLEY, DERRICK BEASLEY, WENDELL BEASLEY & MONIQUE BEASLEY, all minors, -vs- Plaintiff, THE CITY OF DETROIT, A Municipal Corporation and N. L. INDUSTRIES, INC., A New Jersey Corporation, jointly & severally. Defendants. N0- 74-002-312 NO NOTICE OF TAKING DEPOSITION TO.- BARRAN & KNOPPOW Attorneys for Plaintiff 3001 W. Big Beaver Rd. Troy, Michigan 48084 -and- GARAN, LUCOW, MILLER et al Attorneys for City of Detroit 561 E. Jefferson Detroit, Michigan 48226 PLEASE TAKE NOTICE that on' the 23rd day of August 1977 , commencing at 4:00_______o'clock in the afternoon, at the offices of MORBACH, CHEATHAM 6 MacARTHUR, 2450 Buhl Building, Detroit, Michigan, the Def, N. L. Industries,Inc.win take the deposition upon oral examination of Repine Aronow. M.D._____________ C/0 Childrens Hospital, 3901 Beaubien, Detroit, Mi. 48201 this deposition to be taken in accordance with Rules 302.1, 305.1 and 306.1 of the Michigan General Court Rules. This notice is given as provided for in Rules 305.1 and 306.1 of the Michigan General Court Rules, Witness has been subpoenaed__________________ at the time and place stated. You are invited to attend and examine the witness. MORBACH, CHEATHAM & MacARTHUR DATED: July 12, 1977 By CHARLES C. CHEATHAM (P11815) Attorney for 2450 Buhl Building Detroit, Michigan 48226 964-1146 ML 000039320 N 26065.02 STftTE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNT! OF WAYNE GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, BRIAN BESLEY, DERRICK BEASLEY, WENDELL BEASLEY & MONIQUE BEASLEY, all minors. -vs- Plaintiff THE CITY OF DETROIT, A Municipal Corporation, and N. L. INDUSTRIES, INC., A New Jersey Corporation, jointly & severally, __________________________ Defendant. / NO. 74-002-312-NO NOTICE OF TAKING DEPOSITION TO: BARRAN & KNOPPOW Attorneys for Plaintiff 3001 W. Big Beaver Rd. Troy, Michigan 48084 GARAN, LUCOS, MILLER, et al Attorneys for City of Detroit 561 E. Jefferson Detroit, Michigan 48226 PLEASE TAKE NOTICE that on' the 17th day of August 19 77t commencing at 3:30______ o'clock in the afternoon, at the offices of MORBACH, CHEATHAM & MacARTHUR, 2450 Buhl Building, Detroit, Michigan, the Def. N. L. Industries,Int^jxi take the deposition upon oral examination of Mr. William Dietrich, Corporation Counsel's Office, Detroit, Michigan this deposition to be taken in accordance with Rules 302.1, 305.1 and 306.1 of the Michigan General Court Rules. This notice is given as provided for in Rules 305.1 and 306.1 of the Michigan General Court Rules, aodndraaaxfadScxhsxshy witness has been subpoenaed ac the time and place stated. You are invited to attend and examine the witness. MORBACH, CHEATHAM & MacARTHUR DATED: July 11, 1977 By_ CHARLES C. CHEATHAM (P11815) Attorney for N. L. Industries, 2450 Buhl Building Detroit, Michigan 48226 964-1146 Inc. NL 000039321 N 26065.03 E-9f STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Indiv. & as next friend --of--ggEVEtf--BEASLEY-et Civil Action THE CITY OF DETROIT & N. L. INDUSTRIES, INC. MMm 74r-002-312 HO SUBPOENA * DUCES TECUM. IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN: MR. WILLIAM DIETRICH, c/o Corporation Counsels Office, 'City-County Building, Detroit, Michigan 48226 r>. '* * " "at, t;he .offices of Morbach, Cheatham & MacArthur .^t o u are commanded, to appear beiore 'trie Gtrsut* Ceml fa* two County.gf Wfiiyin ul lliu.Cireuri Cowct 2450 Buhl Building, Detroit, Michigan Baom No ~ ~ ?- -----^ tuAUinrj aty of Detroit, Wayne County, on__WEDNESDAY________ .h ?17th day 0f August -A.D., iyZZ_, at___3-liQ_Q'clock in the. after. to testify and give evidence in a certain cause now pending in said Court, nnrl them to h- <riHi jt iBiiSP* ______ _' between---_______ ;____,, ,, Plaintiffs) and_ * Defendantfs}-- on ({he part of the_ Defendant, N. L. Industries, Inc., And for a failure to attend you will be deemed guilty of a Contempt of said Court and will be liable to pay all loss and damage sustained thereby to the part--!Z_aggrieved, together with the sum of Two Hundred Fifty Dollars in addition thereto. MbRBACH, CHEATHAM & MacARTHUR Witness, the Hon. JAMES N. CANHAM, Presiding Judge; and the seal of said Court, at the Court House, in the City of Detroit, Wayne County, Michigan, this BY: CHARLES C. CHEATHAM <P11815) Artnnwy s for N L. Industries, Inc. llth^ Julr 77 .. I5L 2450 Buhl Building, -Detroit---ML.--48726-----------------------Business Address 964-1146 Phone No.. JAMES R. KILLEEN, Clfick of d*. Circuit Court Deputy Clerk ^ ** a n d BRING WITH YOU ALL RECORDS OF ANY AND ALL CLAIMS MADE AGAINST THE CITY OF DETROIT, AND ALL SUITS AGAINST THE CITY OF DETROIT WHEREIN THE ALLEGATION IS THAT THE PLAINTIFF OR CLAIMANT INGESTED LEAD WHICH, CAME FROM PAIN ON UNITS OF THE DETROIT HOUSING COMMISSION OR DETROIT HOUSING DEPARTMENT. THE RECORDS TO BE SUPPLIED ARE ALL RECORDS CONCERNING SUCH CLAIMS ' EXCEPT THOSE FOR WHICH YOU CLAIM ATTORNEY-CLIENT PRIVILEGE, AND A LIST OF THOSE DOCUMENTS AND RECORDS IS TO BE SUPPLIED. 'twAj-'r NL 000039322 ;; jV ^ 26065.04 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTS' OF WAYNE GLADYS BEASLY, Individually and as Next Friend of STEVEN BEASLEY, BRIAN BEASLEY, DERRICK BEASLEY, WENDELL BEASLEY & MONIQUE BEASLEY, All minors, -vs- Plaintiff, NO. 74-002-312-NQ THE CITY OF DETROIT, A Municipal Corporation, and N. L. INDUSTRIES INC., a New Jersey Corporation, jointly and severally, ________________________________________/ NOTICE OF TAKING DEPOSITION TO: BARRAN & KNOPPOW Attorneys for Plaintiff 3001 W. Big Beaver Rd. Troy, Mi. 48084 GARAN, LUCOW, MILLER et al Attorneys for City of Detroit 561 E. Jefferson Detroit, Michigan 48226 PLEASE TAKE NOTICE that on the 9th day of Au8ust 13 71, commencing at 4:00 o'clock in the afternoon, at the offices of MORBACH, CHEATHAM S MacARTHUR, 2450 Buhl Building, Detroit, Michigan, the N ^ Industries, Inc. take the deposition upon oral examination of Larry Chadwzynski, City of Detroit, Department of Health, this deposition to be taken in accordance with Rules 302.1, 305.1 and 306.1 of the Michigan General Court Rules This notice is given as provided for in Rules 305.1 and 306.1 of the Michigan General Court Rules, and deataadiri-eg-feeineby m^SecxbbstfDgQKxpxsssS't Witness has been subpoenaed at the time and place stated. You are invited to attend and examine the witness. MORBACH, CHEATHAM & MacARTHUR DATED: July 11, 1977 By CHARLES C. CHEATHAM (P11815) Attorney for L Industries, 2450 Buhl Building Detroit, Michigan 48226 964-1146 ,, Inc. NL 000039323 N 26065.05 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, et al, ' Plaintiffs, vs. CIVIL ACTION NO. 74 002-312 NO THE CITY OF DETROIT, et al', . Defendants. _/ - DEFENDANT CITY OF DETROIT'S ANSWERS TO INTERROGATORIES ,. NOW COMES the defendant, CITY OF DETROIT, and answering the Interrogatories propounded by the plaintiff's, the defendant answers same as follows: 1. Memorandum of transaction attached. 2. Memorandum of transaction attached. 3. No answer required. 4. No. 5. Subsidies from U.S. Department of Housing and Urban Development and rent from tenants. 6. (a) Yes. All scaly and loose paint is removed. (b) Alkyd Resin, semi-gloss-.enamel according to Federal Specification TTE-508-B; lead content 1/2 of 1%. .i (c) Yes. The unit was painted on the outside. ; THEODORE SPENCSIP' Superintendent of Maintenance Housing.Department ____________ .' .................................................. ....... ' vi ~r - ` NL 000039324 N 26065.06 AFFIDAVIT STATE OF MICHIGAN ) ) COUNTY OF WAYNE ) SS. THEODORE SPENCER being first duly sworn, deposes and says that he has read the foregoing answers and that the same are true of his own knowledge and belief. Subscribed and sworn to before Notary Public, Wayne County Michigan My Commission expires:_____________________ EETH ft. ANDREWS NL 000039325 m N 26065.07 j; ''MIG .AGSUOMKXV* ioo.dc ond entered into this ?.fth day or . ?:ovco.T)er ___, .. w or..i between the County or Vayno, a Mchigan Body Politic, hcrlnaftcr referred tJo9ooj s, thse *ccaouuniy^"_ond the C' ity of Detroit, a'jsunicipal corporation, hcrinaftcr re-- ferred to as thc ttty , . . ,* vrarxKSGJEXH v ,, VHEHEAS,.existing lays authorize the transfer of functions, responsibilities a4 health Jurisdiction between two or store political subdivisions of this state, and <*.' v . WHEREAS, both the City and tho County presently .operate Air Pollution- Control programs, and .'- - - - .. ,r ` WHEREAS, it has been mutually agreed that Air Pollution Control may be aore | effectively administered on a County-vidc basis, and- * -! WHEREAS, it has been nutually agreed that the City's air pollution Juric-- diction and`program, including its personnel, should bo transferred to the County, : 1C, TKEREF0E3, in consideration of the premises and the mutual undertakings Of the parties hereto. . ' -4 *- V I IS AGREED AS FOLLOWS;? . . '' l '1. That the City's Jurisdiction over Air Pollution Control programs within- :the limits Of the City of Detroit, as presently administered through the Bureau of Air Pollution Control Of tho Detroit Deportment of Health under the provisions of City of `.Detroit Ordinance IS7-E, an amended, be and the some is hereby transferred to the ! County, to be administered by tho Wayne County Department of Health; ' 2. That the activities so transferred include, by way of illustration, but not implying any limitation, plan examination-, issuance of installation and operational permits, periodic inspection Of existing fuel and refuse burning processes and air pollution control equipment, air quality measurement, complaint follow-up and sur- `vcillonce, community air campling, stack campling, technical assistance, legal prose-- ` cution end public information and education, and all phases'of air pollution control, regulation, and enforcement. - 3; That the City endorses the"use of State Capitation. Funds in an amount of .not less than $221,000.00 per-year to aid in tho' development of* a comprehensive countyvide air pollution control program, which Will include .the City of Detroit , and which aforementioned Capitation Fund? havp previously been .used principally for the purpose of supporting the City's. Industrial Hygiene Programs,.PROVIDED that it is understood that the City will not contribute any of its- local funds from the program and that, the .. cold County program will bp fully cUpportcd'by-State Capitation.Funds, County funds, revenues from licenses, permits, inspection `and other cervices,: Federal' grants,- and, *my other*available' sources. ' - 1, Shat tho County ohall.retain, any -and all revenues accruing from annual inspection, permit,'laboratory or other fees resulting from `its activities .within the- City of Detroit*' . I ;; 'f JhV APPENDIX 3.b." WSSP^BW NL 000039326 N 26065.08 .^.L^^i- Wnif>ii#irr rnr^i-'i-"^ ? V* ' J:,' j,.' - i-.: -... 5. That all employees of the City or Detroit Department of Jlec-lth's Bureau '**\i" pollution Control vho co desire chnll "be trannferred to and become employees 1 Ij.* Cou;ity, subject to all rights and benefitn of other County employees, in * "-dance vlth'tSic provisions of tlic Wayne County Civil Service Ccamlceion resolution of'jlu.^utt fc, 19<>T relating to Berger of health fuhctiono.au implemented by the follow ing cxprcco conditiona : . fal ..All cmployccn of the City electing to transfer will be transferred to the Wayne County Division of Air Pollution Control and be assigned to work activities and responsibilities equal or more demanding an nature to . fully capitalise on their existing training, ckilln and experience.- Jr. d o 1 - ease shall an employee be classified in a position paying lees than his ..1 . current earnings. In oomc eases, where desirable to take advantage of an ! employee"o skills and experience, ho nay be transferred, to a higher class- . ' `ideation with corresponding, calory adjustsente; vig&? .y Seniority . ' The`seniority of employees transferred, to the-County service shall , -. be determined in accordance vita the Rules and. Regulations of the County Civil Service Coaaission for-County employees..* In calculating seniority. . - ''i:yj;:V.. . services rendered to the City of Detroit shall be construed as services to - the County. . *%*.... - 111 . -* *.A.C v^ <**, . . 1' ~r : . f 7 -1 -j. - . ' ` V'V For the purpose of calculating Longevity Pay`and "Annual Leave ' C . i Credits^'service in the City of Detroit shall be considered as County M1}.-)-:.!gervtce* v (c) Pension n ..r *` . 4 . .* . 1. Employees transferring to County service shall be entitled to V* refcirenent allowances from the CI2* as specified in Title 9, Chapter 6, , i Article VI, .Part K of the Detroit GET* Charter; Such CIT* retirement '> ' ; allowances shall be computed in accordance with the formula in effect at the tine of ouch retirement. , 2. Such employees retirement allowance from the COUNT* shall be _ V as specified by the- COURT* retirement regulations and laws which shall inelude provisions requiring that when the employees of the City of Detroit - 7 are transferred to the employ of the County of..Wayne, by reason of a function or functions of the department being transferred to the County, : yjthe employees sq transferred, who io not withdraw their..accumulated contributions from the Retirement System of the City of Detroit, shall oc . entitled to use the credited service in force previously acquired as men-'bers of the Retirement System of the City of Detroit in cneeting the service requirements fpr eligibility purpose 'for all. retirement allowances or death * benefits provided by the Wayne County Employees* Retirement System. / In no . ' : case chall-the credited service acquired in the employ of the City of Detroit be usod la- computing the amount of a retirement allowance or death benefits ; to bo paid oy the Wayne County- Saployccn* Retirement System. 3 Tho COURT* shall adopt such`ordinances and-rcgulatlona as are necessary to fully inclement this agreement. ' ' * v. 4 - . - ;ri`iv^:.v-V:*'. - 2 - _ 7 ' '' ; - * APPENDIX 3.b.' * ': ' . ipRHMRIlIMPmnp m NL 000039327 M) Vacation The County will assume credit of "the existing vacation tar.k at .j-e of transfer, but in no ease chc.ll this exceed 10 days. "Any vacation credits in excess of 10` days villvbc paid in a lump cun cash payment to the employee by the City at a rate equivalent to hie current City salary. <e). Sick I.envc y -- 1, The City will maintain the cick leave credit vhich the individual haa accumulated while a City employee and compensate him upon, * eventual retirement from County employ up to a maximum of 30 sick, leave days. 2. - If the employee should need immediate sick leave ar.d has accumulated sick leave 'days in the City sick leave bank, these days will he used up to the tine employee accumulated sick time in the County service (She employee would he continued on the grant payroll.) 3* After establishing sick leave credits in the County any sick leave days used would first be.charged to the County sick leave bank, or if not used vould be Credited to the cick leave bank in accordance with established. County practices. Any cick leave days used by an employee inexcess of the amount accumulated in the County vould be'charged to Ttha accumulated cick leave dayo in the City. (f) Any City employee who elects not to transfer to the County shall be offered on available comparable position for which he is qualified vitbin the City service. -. (g} That transferring City employees who are or would be eligible for . longevity pay except for the fact that they will not he on the City payroll .on December 1, I960 shall', as part of the consideration for this agreement, be paid by the City a sum equal to the longevity payment for which they ' vould have been eligible absent the transfers 6. That all City-owned office, laboratory, field or air sampling equipment and supplies currently used by the Bureau of Air Pollution Control of the Detroit Department of Health shall, as part of-the consideration for this agreement, .be-loaned at no cost to the Wayne County Health Department, Division of Air Pollution Control. In the event that this contract is terminated, such equipment Vhich remains iV serviceable condition shall, be returned .to the City of Detroit^at no cost. The title to and possession of all motor vehicles and trailers prcsently'assigncd to the.City's Bureau of Air Pollution Control shall, *ac part of the consideration for this agreement be transferred to-the County Department of Health. . 7. Ibis agreement' chall be effective on December 1, 19ofl and shall remain, in force until terminated by mutual agreement, of 'the parties. 6. That the Wayne County Civil Service Commission shall develop classifi cation)} aa necessary to allow .tho orderly troncfcr.of 'City, employees to the. County. -3- .' APPENDIX 3.b. t....................... r-- NL 0039328 aiawlMGmHHyS 'SiHiSSBiSlamm^m^mmmmmmmimmnmar i.TV.U~ ' ' r> 9* In-the even- tlmt State Capitation I'lir.dn and/or Federal Crans Tar.tlz.tLt not cade available to carry on the desired c0.-3prchcnr.ivc County Air Pollution"Cor.trc ProScan, the entire jaa..cr of County--wide Air Pollution Control nho.ll oc reassessed by the City and the County to determine possible levels of fiscal support or.d the program shall be adjusted to reflect the fiscal support available. 10. The contracting portico herein mutually agree to comply vith the provisions of Act f251 P.A. 1955, aa emended, and City of Detroit Ordinance ZOG-C` insofar as they may he applicable. - 11. This agreement shall be come binding on the parties hereto and of-full . force and ofiect upon she adoption of the resolutions approving this Contract by the Common Council ol the City and by the Wayne County Board of Supervisors and upon * "-a V: eigniwi thereof by the duly authorized representative of the City and by the Board.* This Agreement shall be executed in several counterparts and one of each such "fully y executed agreements shall he filed vith each of the parties hereto." . :V * * ' , . WITNESS WHEREOF, the parties hereto lave caused this Agreement to he v. executed by their duly authorized officials and their seals to ho affixed hereto as of. the day and year first- ahova vrltton. CISf 07 DEX30IT, a Kunicipal Corporation By Its Controller And Health Comiico.ibnerji. . Board of'Wayne County, .Auditors 7 AS?:(CV? AS TO fOSU -- . fcbVti COMOatticn COUMJt 7 - 4APPENDIX 3.b. NL 000039329 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, BRIAN. BEASLEY, DERRICK BEASLEY, WENflELL; BEASLEY And MONIQUE BEASLEY, All minors, Plaintiff, No. 74-002-312 NO -vs- THE CITY OF DETROIT, A Municipal Corporation, and N.L. INDUSTRIES, INC. A New Jersey Corporation, jointly and severally. Defendant. ANSWER OF N. L. INDUSTRIES, INC. TO ------------P---L--A---I-N---T---I-F---F--'-S------IN---T--E--R----R--O---G---A--T--O---R--I-E--S-- ---------- i T ; j I jj NOW COMES N. L. INDUSTRIES, INC., one of the defendants, by its authorized representative, the undersigned, and for its answers to interrogatories submitted by plaintiffs says: 1. Specifically identi^ each person who, directly or indirectly, provided information In support of the allegations in the Answer to the Interrogatories and, for each, briefly identify the information so furnished. Jack Roper, former Plant Manager, Detroit, Gail Smallen, Plant Superintendent, Beech Grove Plant, N. L. Industries; Robert Glatz, Plant Manager, Cleveland plant , N. L. Industries, Inc.; Antoine Queri, former Plant Engineer, Detroit Plant, N. L. Industries. 2. Identify each person, including experts, the defendant plans on calling as a witness at the time of the trial anc for' each, briefly identify the information he is to furnish. La w OrricES MORBACH, CHEATHAM & MACARTHUR M4BO BUHL SUILBIN6 DCTKOIT. MICHIGAN 4U< (313) B64-I14S All those persons named in answer to Interrogatory No. 1. Walter Frazis, B. Baskin, Jane Powlsk1. Regine Aranow, M. D., Peter Warner, Larry Chadwznski, Marvin Shurman, Richard Skonieczny, Gene Darling, M.D., Julian Chisholm, M.D., All those persons named in Children's Hospital Records on plaintiffs; all those persons named in the records of the Wayne NL 000039330 N 26065.09 County Air Pollution Control Bureau; T. Spencer, City of Detroit, Lee Scott, City of Detroit, another examining physician to be named. 3, Please state with particularity the purpose or purposes of the baghouse located at defendant's plant at 4700 E. Nevada, Detroit, Michigan. A. To remove particulate matter from emission streams. 4. What are the effects of a broken, loose or malfunctioned bag? Uw Of f ic es MORBACH. CHEATHAM & Ma c ARTHUR <400 UHL BUeLDINO SETSOfT. M<CH<<3AI4 40SSS ISIS) 064-1140 A. Particulate matter may possibly be drawn through the baghouse into the stack. Efficiency of the baghouse may be reduced minutely. 5. State the manufacturer of the "bags" used in defendant's baghouse between January of 1965 and January 11, 1974. A. We believe that the major portion of our bags were purchased from Snow Filtration,' Cincinnati, Ohio. 6. If you will do so without ;a motion to produce, please furnish plaintiff's counsel with a copy of all purchase orders for bags between the period of January, 1965 and January 11, 1974. A. No answer required. 7. Please state with particularity the defendant's procedure for changing "bags" between the period of January, 1965 and January 11, 1975. A. Two employees were assigned to the baghouse. Each cell was checked in rotation for holes, wear, fatigue and any accumulation of particuulate matter adhering to the inside of the bag. Any bag showing these signs would be changed. 8. Please state the name of the person and/or persons who was charged with the responsibility of maintaining the baghouse and changing the bags. Nl_ 000039331 A. As the Detroit plant has been sold, it is not known whether records would be available to obtain this information, but it is being checked and will be supplied if it can be obtained. 9. What was the inspection procedure for checking the condition of the baghouse and related equipment between the period of January, 1965 and January 11, 1974? A. See answer to Interrogatory No. 7. In addition if there were blockage in the cyclones or other portions of the line, this would be indicated on the control panel. 10. If you will do so without a motion to produce, please furnish plaintiff's counsel with a copy of the schematic drawing of the plant ( and/or drawings ) for the period of January, 1965 and January 11, 1974. A. No answer required. 11. Was the defendant's plant located at 4700 E. Nevada, Detroit, Michigan-, permanently shut down? A. Yes. A. If the answer is in the affirmative, please state the exact date'the plant shut down. The plant was shut down in June, 1974 and sold. B. If the plant in question shut down by mandate and/or by direction of a public governmental agency or quasi governmental agency, please advise the name of the agency and of the person or persons who directed said shut down. The plant was not shut down by mandate or UW OFFICES MORBACH. CHEATHAM a MACARTHUR ao uni. auiumNo arotOIT. MICHIGAN 41116 <319) 064-1146 direction of a governmental agency. 12. When was the first opacity meter and/or meters installed at defendant's plant at 4700 E. Nevada, Detroit, Mich? (4L 000039332 La w Of f ic e s MORBACH, CHEATHAM ft Ma c ARTHUR *4*0 SUHL. SUILDINQ DETROIT. MICHIGAN 40**0 <313) 304-1146 A. As the plant was shut down and sold, records concerning opacity meters may not be available. A search is being conducted for the records and information will be made available as soon as it is obtained, if it is obtained. 13. Please state the manufacturer of said opacity meter and/or meters. A. See answer to Interrogatory No.12. 14. Please state the date said opacity meter and/or meters were purchased. A. See answer to Interrogatory No. 12. 15. Please state the date said opacity meter and/or meters were installed. A. See answer to Interrogatory No. 12. , ? 16. Please state all subsequent installation, repairs and/or improvements to said opacity meter and/or meters. A. See answer to Interrogatory.No. 12. A. No answer required. B. No answer required. 17. Please state whether a. public governmental agencv or quasi governmental agency directed the:installation of said opacity meter and/or meters. A. See answer to Interrogatory N. 12. 18. Please state the purpose for the opacity meter and/or meters. A. To inform the operator that something, whether it be particulate matter or vapor, is being emitted from the feed floor or the two stacks. 19. Please state with particularity each date on which defendant was tested for air contamination type problems. A. That information in the records of the Wayne County Air Pollution Control Bureau and is equally available to the plaintiffs. We have no information other than contained in those records. NL 000039333 La w Of f ic e s MORBACH, CHEATHAM ft MACARTHUR 4B0 UHL tm.OINC orrnoiT. Mic h ig a n ustt 4313) 904*1148 20. For each of the aforesaid dates referred to in Interrogatory No 19. please state the person and/or agency conducting said tests. A. See answer to Interrogatory No. 19. 21. For each of the aforesaid dates referred to in Interrogatory Ho. 19, please state the reason for said test procedure. A. See answer to Interrogatory No. 19. 22. Please state with particularity the uncontrolled emission sources for the following years: A. We know of no uncontrolled emission sources. A. No answer required. B. No answer required. C. No answer required. D. No answer required.. E. No answer required. F. No answer required. G. No answer required. 23. For each of the uncontrolled emission sources referred to in Interrogatory No. 22, please state specifically whether the uncontrolled emission sources were ducted to vent through baghouse. A. See answer to Interrogatory No. 22. 24. Please state the date on which the aforesaid uncontrolled emission sources were ducted to vent through baghouse and the reason for said venting. A. See answer to Interrogatory No. 22. 25. Please state approximately how long it would take the defendant to shut down the blast furnace for the following years. A. 8 hours as to all years listed In sub-sections (a) through (g). NL 000039334 26. Please state with particularity how many times the blast furnace was shut down during the period of 1968 through 1974, arid the reasons for each shut down. A. As the plant was shut down and sold, records concerning blast furnace shut downs are not immediately available, but a search is being conducted and, if available, the information will be supplied. 27. In regard to your Affirmative Defense which states: "...the alleged cause of action of the plaintiffs or any injuries or damages occuring after November 1, 1973, are barred by the statute of limitations....", please state your statutory and common law authority in support of said allegation. A. It is not the purpose of interrogatories to secure legal opinions. 28. Please state specifically all evidentiary facts, witnesses and documentation upon which you rely to prove the allegation contained in your Affirmative Defense as referred to in Interrogatory No. 27. A. According to answers to interrogatories 5 supplied by the City of Detroit, the Beasley family moved into the premises on or about November 11, 1969, and any cause of action the plaintiff, Gladys Beasley may have had would have accrued to her on or about that date and under the applicable statute of limitations, should have been brought within three (3) years thereafter. 29. Please state each and every time the defendant was sued for the past ten years under a theory alleging that defendant had contaminated the air by admitting foreign substances. A. The only such suit is the case of Peterson vs. N.L. Industries, Inc.et al of which plaintiff's counsel has uw Of f ic k o MORBACH. CHEATHAM a MACARTHUR 14*0 aUHli aUlLOINQ OKTHOfT. MICHIGAN 4II1 <313) #64-1546 knowledge. NL 000039335 i ! 3th Ftor eatih suit referred to in Interrogatory No. 29, please state the following: A. Plaintiff's counsel has knowledge of all guestfofiS silhirtiltfed in Interrogatory No. 30 including sub-sections (a) through (f). 31. State what warnings, if any, were given to defendant's employers at their plant, located at 4700 E. Nevada, Detroit, Michigan, with respect ao any danger they may encounter by contaminated air for the past ten years. A. Objection is made to the use of the term " contaminated " without a definition thereof. Employees .1were advised that they were working with lead and would have periodic medical monitoring and would have to wear protective equipment. 32. Please state how many workmen compensation cases have been filed by employees of the defendant for their plant located at 4700 E. Nevada, Detroit Michigan, for elevated blood levels or other physical problems associated with polluted and contaminated air. A. Objection is made to the terms "polluted" and " contaminated " as no definition is given. As the Detroit plant was closed and sold, records concerning workmen's compensation cases may not be available. A search is being conducted and. if available, information will be supplied concerning Petitions for Hearing filed. 33. With respect to each case referred to in Interrogatory No. 29, please state the name and address of each claimant, the attorney representing each claimant, and the date the claim was instituted. A. See answer to Interrogatory No. 32. Caw o w c es MOR8ACH. CHEATHAM & Ma c ARTHUR *4*0 BUHL. BUtLOlHa >CTMOIT. MICHIBAN 4*2M (319) 964*1149 N. L. INDUSTRIES, INC. BY: /jL "/. ASSISTANT SECRETARY / L/ 000000003399333366 WITNESSES ,, 3. 4. 5. 6. . .7. 8 9. m. . n. 12. 13. 14 . 15. .10. - 1 7. 18. 19 . 20. 21 . 22. 23. - 24. ,25. 26. 27 . 28. 29. 30. 31 . 32 . 33 . 34 . ^ 35. Roland Evans, M.A., CCC Members of the Detroit IV'urd of Education including, but not limited to, teachers and any other applicable personnel relating to the educational training of plaintiffs. Any and all medical personnel and'doctors who have examined the p1 ain tif fs. Hr. Hill I)r. Glover Dr. Lackey Dr. Wyatt Appropriate personnel from all free Clinics Applicable representatives who have rendered medical treatments to the pi aintif fs. Dr. Neal Levy Appropriate personnel from the Wayne County Pollution Control Center Lorraine Reedy Louise Reese Appropriate representatives of the State of Michigan, Dept, of Health Samuel Gibbs Appropriate representatives of Sojurncr Truth Project Appropriate represent a t i ve of A f, B Painting Co. T. Spencer Lee Scott Gary Metzger, Ph.D. * Lee Scott John llenderon, Ph.D. Dave Lake, Ph.D. Appropriate representatives of Sherwin Williams Appropriate representatives of National Gypsum Company Appropriate representatives of United States Gynsum Appropriate representatives of Michigan Painting Co. Appropriate representatives of Glidden-Durkec Division of SCM Corp. All persons listed in Defendants Pre-Trial Statements All necessary rebuttal witnesses Vcrn Hunt Mort Sterling Don Campbell Dr. Aronow Appropriate representatives of Childrens Hospital Lead Poison Clinic Continued NL 000039338 N 26065.1 ~-36. 37. 38 . 39. 49. -41 . 42. 43. 44 . 45. 46. v 47. 48. 49. 59 . 51 . 52. 53. 54 . 55. 56 . 57. 58. 59 . 60. 61 . 62. 63. 64 . 65. 66. 67. 68. 69. 70 . 71. 72. Any and all medicalpersonnel or any kind or nature who have done any tests with respect to the blood and urine of the plaintiffs. K. Bac, M. I). Any and all medical personnel conducting x-rays of the plaintiffs. Ur. S. M. Rehman Ur. J. 0. Reed Appropriate representatives of M. Coleman, L.D.N. Ur. Prasada G. Cibhs .J. .Jackson Paint experts to be named when prior discovery request Detroit Housing Authority Defendant complies with Appropriate representatives of Clima Tological Data Mr. Hclcher All necessary records of Defendants, including but limited to repair records. Appropriate representatives of Michigan Industrial M. Mai lack Gail Smo11en Appropriate representatives of O.S.C.II.A. .Jean Palkowski - Public Health Department not Hygiene Dept. II. J. Morantz - Combustion equipment Supervisor Michael Mulard - Public Health engineer Appropriate representatives of the applicable schools plaintiffs attended. Roger Stulow - officer of Quality Planning and Standards Apprbpriate representatives of Detroit Housing Commission Appropriate representatives of the City of Detroit Fire Dept, Appropriate renresentatives of the Comprehensive Health Services Appropriate representatives of Quality Chemical Laboratories Appropriate representatives of Last Side Medical l.ah Gerald Penfil Maurice Reizen Appropriate representatives of Department of Natural Resource: Appropriate representatives of Blood lead screening program Appropriate representatives of Detroit Health Department Appropriate representatives of U.S. Public Health Service P . Warner li. Busch Larry Chadzynski Continuod NL 000039339 73. Mary Demi cel 74. Richard Stoneczny 75. Marvin Schuinan 76. Alvin I.. Vander Kolk 77. William Wood 78. Sandra Scha1derhrand 79 . W. .Iasi uk 80. James Knack - City Planner 81. B. Wagner 82. R. Bower 83. John Strotkand 84. Larry $aad 85. Appropriate representatives of l.avin and Sons, Tnc. 86. Appropriate representatives of Stilkarn Midland, Inc. 87. Appropriate psychologists and psychiatrists 88. AM residence in the immediate area as to the applicable time 89. All parents and children tested by Sojourner Truth Project 90. Barbara Peterson ? NL 000039340 2. identify each person. Including experts, tho Defendant plan* on calling as a witness at the time of the trial and, for each, briefly Identify the information ha Is to furnish. A: Sea this defendant's Final Pre-Trial statement for list of witnesses. 3. Please state when the premises known as 4803 Nevada, Detroit, Michigan, was built. Ai Construction of Sojourner Truth Homes, which includes 4803 Nevada, Detroit, Michigan, was completed on March ID, 1942. 4. Please state for the ten years prior to January 11, 1974, the dates when the interior of said residence known as 4803 Nevada, Detroit, Michigan, was painted and/or paint was removed. As As of November 3, 1989, ten gallons of paint were used under Central Maintenance Work Order #109374 for Interior painting at 4803 East Nevada, Including living room, kitchen, hall, bathroom and three bedrooms. The unit was leased to Mrs. Beasley, who moved In November 11, 1969. On February 6, 1973, the data a lead Poison Control Notice was received, Hork Order CT19Q75 was written for removal of paint from bathroom walls, all doors, sides facing hallway, sills fn llvlngrooni and bedrooms. The paint removal and re-painting vas completed February 10, 1373. A. For each date, pleasa state the kind of paint used and the painting contractor Involved. A: Paint used by our staff for Interior painting of the unit at 4803 East Nevada was Alkyd Resin, semi-gloss enamel, conforming to Federal Specification ITTE 508-8. No contractor was involved In the interior painting, according to our records. 5. Please state for the ten years prior to January 11, 1974, the dates when the exterior of said residence known as 4803 Nevada, Detroit, Michigan:, was painted and/or paint was removed. A. For each date, please state the kind of paint used and the painting contractor Involved. -2 NL 000039342 N26065.ll A: A & 8 Painting Company completed an exterior painting contract at Sojourner Truth Including 4303 E. Nevada, between September 23, 1969, and December 22, 1969. The types of paint used by the contractor were: Metal Primer - Rust-oleum *'759 '.lamp-proof red primer, Sherwln Killians "PC Kromlc Metal Primer" meeting Federal Specification TT-s 86c.- - Mood Primer - Exterior acrylic latex primer, Sherwln Mill lams "A-100 Undercoater", national Gypsum Company "Gold Bond BSR Primer" meeting Federal Specification TT-P-25a, Finish Coat - Exterior type latex paint, Sherwln Williams "A-100 Latex Exterior Paint", National Gypsum "Gold Bond Acrylic Mo^se Paint, United States Gypsum's "USD Latex Mouse faint". Batvenn February S, 1 973, and February 10, 1 373, loose paint was scraped from the building exterior at 4803 . Nevada under Wort Order #CT19075, by Housing staff. Between June 8, 1973, and September 25, 1973, exterior walls wet* spackled !y Mousing staff. Health Inspector's report states, "hazard greatly reduced." The exterior of 4fip3 F.. Hgvida painted by Michigan Palnttng Company as of HovamL-gr 25, 1974. This contractor used the following types of paint on this jot: Metal Primer - Epoxy metal orimor or afnc chromate HU9-HM Specification No. 2 - G1Idden-Durkoa Division of ^C-M Corp. Wood Primer - Oil base (alkyd) Federal Specification TT-R-266 and TTP-381, 61Idden-Durkee Olvlslon of SCM Corp, Finish Coat - Oil base (alkyd) Federal Specification TT-R- 266c, type 1, Class 0, GlIdden-Durkee Division of SCM Corp. THE CITY OF DETROIT, a Municipal corporation i'.y /s/ 1 hood ore Spencer_____ Theodor? Tponcor Assistant .'iiif erintendrnt of Housing NL 000039343 STATE OF H1CHISAH COUNTY OF WAYNE is " Js- THEODORE SPENCER, being first duly sworn, deposes and say* that he Is the Assistant superintendent of Housing of the City of Detroit, a Municipal Corporation! that while he does not have personal . - - ' ^fhfcnbwl'edge of all of the facts recited In said Answers to Plaintiffs' ' Interrogatories, the Information contained in the foregoing Answers to Plaintiffs' Interrogatories has been collected and made available to him by others, and said answers are true to the best of his knowledge Jr. -if, and.belief based upon the Information made available to him and, that therefore the foregoing Answers to Interrogatories propounded by the City of Detroit are verified on behalf of the rity of Detroit In this litigation. /*/ Theodore Spencer Theodora Spencer Assistant Superintendent of Housing City of Ootrolt Subscribed and sworn to before me this aZ&^-daj of March, 1 17. ' 77 /} ss/ L- __ (iotary Public, Wayne County, Mfcntgon fly Comralsslon Expires // *1 ~~7 7 -} -\ NL 000039344 STATE OF MICHIGAN ' IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Individually and ( " ' .. as Next Friend of STEVEN BEASLEY, BRIAN BEASLEY, DERRICK BEASLEY, WENDELL BEASLEY and MONIQUE BEASLEY, all minors -vs- j-f t - ' ' Mo: 74-002312 NO THE CITY OF DETROIT, a Municipal Corporation, and N.L, INDUSTRIES, INC. a New Jersey Corporation, Jointly and Severally, _________________________________I INTERROGATORIES TO DEFENDANT TO: N. L. INDUSTRIES, INC. PLEASE TAKE NOTICE that the following interrogatories are submitted to y^u under the provisions of Michigan General Court Rule 309 and the various subsections thereof. You are required to file answers to the interrogatories within fifteen {15) days, under oath, after serviceo of them upon you, the original answers to be filed with the Court and a copy thereof to be served upon plaintiff's counsel. The answers should be signed and sworn to by the person making answer to the interrogatories. When used in these interrogatories, the term "defendant" or any synonym thereof is intended to and shall embrace and include in addition to said defendant, all agents, servants and employees, representatives, private investigators or others who may have obtained information for or on behalf of the defendant. These interrogatories shall be deemed continuing and supplemental answers shall be required immediately upon receipt thereof if the defendant directly or indirectly obtains further or different information from the time answers are served to the time of trial. NL 000039345 N 26065.12 (l 1. Specifically identify each person who, directly or indirectly, 'provided information in support of the allegations in the Answers to the Interrogatories and, for each, briefly identify the information so furnished. 2. Identify each person, including experts, the Defendant plans on balling as a witness at the time of the trial and, for each, briefly identify the information he is to furnish. 3. Please state with particularity the purpose or purposes of the baghouse located at Defendant's plant at 4700 E. Nevada, Detroit, Michigan. 4. bag? What are the effects of a broken, loose or malfunctioned i T 5. State the manufacturer of the "bags" used in Defendant's baghouse between January of 1965 and January 11, 1974. 6. If you will do so without a motion to produce, please furnish Plaintiff's counsel with a copy of all purchase orders for bags between the period of January, 1965 and January 11, 1974 7. Please state with particularity the Defendant's procedure for changing "bags" between the period of January, 1965 and January 11, 1974. 8. Please state the name of the person and/or persons who was charged with the responsibility of maintaining the baghouse and changing the bags. 9. What was the inspection procedure for checking the condition of the baghouse and related equipment between the period of January 1965 and January 11, 1974. 2- - NL 000039346 1 10. If you will do so without a motion to produce, please furnish Plaintiff's counsel with a copy of the schematic drawing - of the plant (and/or drawings) for the.period of January, 1965 and January 11, 1974. 11. Was the Defendant's plant located at 4700 E. Nevada, Detroit, Michigan, permanently shut down? A. If the answer is in the affirmative, please state the exact date the plant shut down. B. If the plant in question shut down by mandate and/or by direction of a public governmental agency or quasi governmental agency, please advise the name of the agency and of the person or persons who 1 directed said shut down. 12. When was the first opacity meter and/or meters installed at Defendant's plant at 4700 E. Nevada, Detroit, Michigan? 13. Please state the manufacturer of said opacity meter and/or meters. - ......... 14. Please state the date said opaciy meter and/or meters were purchased. 15. Please state the date said opacity meter and/or meters were installed. 16. Please state all subsequent installation; repairs and/ or improvements to said opacity meter and/or meters. A. If the answer is in the affirmative, please state the manufacturer of each opacity meter and/or meters in each instance. B. Please state the date said opacity meter and/or meters were installed or improved or repaired in each instance. -3- NU 000039347 17. Please state whether a public governmental agency or quasi governmental agency directed the installation o said opacity meter and/or meters. , .. 18. Please state the purpose for the opacity meter and/or meters. 19. Please state with particularity each date on which Defendant was tested for air contamination type problems. 20. For each of the aforesaid dates referred to in Interrogatory Ho. 19, please state the person and/or agency conducting said tests. 21. For each of the aforesaid dates referred to in Interrogatory No. 19, please state the reason for said test procedure. 'f 22. Please state with particularity the uncontrolled emission sources for the following years: a. 1968 b. 1969 c. 1970 , d. 1971 e. 1972 f. 1973 g. 1974 23. For each of the uncontrolled emission sources referred to in Interrogatory No. 22, please state specifically whether the uncontrolled emission sources were ducted to vent . through baghouse. -4- NL 000039348 S4- Please state the date on which the aforesaid uncontrolled emission sources were ducted to vent through baghouse and the reason for said venting. 25. Please state approximately how long it would take the Defendant to shut down the blast furnace for the following years: 8 a. 1968 la b. 1969 c 2 c. 1970 V8O d. 1971 < z<0 e. 1972 Xg f. 1973 >0K . g- 1974 ,4 ? 26. Please state with particularity how many times the blast furnace was shut down during the period of 1968 through 1974, and the reasons for each shut down. 27. In regards to your Affirmative Defense which states: "... the alleged cause of action of the Plaintiffs or any injuries or damages occurring after November 1, 1973, are barred by the Statute of Limitations . . .",please state your statutory and common law authority in support of said allegation. :' 28. Please state specifically all evidentiary facts, witnesses and documentation upon which you rely to prove the allegation contained in your Affirmative Defense as referred to in Interrogatory No. 27. 29. Please state each and every time the Defendant was -5- NL 000039349 r". sued for the past ten years under a theory alleging that Defendant had contaminated the air by admitting foreign substances. 30. For each suit referred to in Interrogatory No, 29, please state the following: a. Which court the suit was instituted. b. Case number of each suit. c. The name and address of Plaintiff d. The name and address of Plaintiff's attorney e. The date said suit commenced ^ F. What suits, if any, are presently pending 31. State what warnings, if any, were given to Defendant's employers at their plant located at 4700 E. Nevada, Detroit, Michigan, with respect to any danger they may encounter by contaminated air for the past ten years. 32. Please state how many workmen compensation .cases .. have been filed by employees of the Defendant for- their ..plant located at 4700 E. Nevada, Detroit, Michigan for elevated blood levels or other physical problems associated with polluted and contaminated air. 33. With respect to each case referred to in Interrogatory No. 29, please state the name and address of each claimant, the attorney representing each claimant, and the date the claim was instituted. BARRON AND KNQPPOW M. Barron Attorney for Plaintiffs 3001 W. Big Beaver Suite .326 Troy, Michigan 48084 -6- 649-2828 NL 000039350 Law O lflc ti: BARRON and KNOPPOW a Suita 326 a 3001 W ait Big Baavar Road a T ro y , Michigan 48QB4 a (313) 64B-2828 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Ind. and as Next Friend Of STEVEN BEASLEY, Et al Plaintiff(s), -VS- THE CITY OF DETROIT, Et al Defendant(s), / No. 74-002312 NO PROOF OF SERVICE STATE OF MICHIGAN) )SS. COUNTY OF OAKLAND) .1 I i. ..T Sylvia Misener_________________being first duly sworn, deposes and says that on the 7______ day of January ________, 19 77 , she served a true copy of Interrogatories to Defendants of which the annexed is the original, upon_______________________ Syl Delaney G. Cameron Buchanan 1010 City County Building 755 West Big Beaver #1707 Detroit, Michigan ' Troy, Michigan in the above entitled matter, by enclosing same in a sealed envelope with postage fully prepaid thereon and deposited same in a United States Mail Receptable located in the City of Troy, Michigan- Subscribed and sworn to before me this 7 day of Jan, 19 77 Eileen Terman - Oakland County My Commission Expires: 10-11-77 sylvia Misener NL 000039351 N 26065.13 f STATE o f mi< IN, THE CIRCUIT COURT F< GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, Et al. Plaintiffs -vsW | THE CITY OF DETROIT, a Municipal * Corporation, and N.L. INDUSTRIES, ? INC., a New Jersey Corporation, Jointly and Severally, Defendants <o XM if. ANSWERS TO INC n(4 NOW COMES GLADYS BEASLEY and 30) INDUSTRIES, INC's Interrogatories, d o< 1. Brian Beasley - born 5/2f u Monique Beasley - born 2/ >< lot Derek Beasley - born 7/13 IB O Steven Beasley - born 3/J Wendell Beasley - born 9/ (a) Wendell - Dr. Hill Steven - Dr. Glover Brian - Dr. Lacky Do not remember the ol (b) Free Clinic -- Clj'h- I (c) Free Clinic 2 Reports furnished 3 Dr. Neal Levi----- Mr. Roland Evans, Speech o S 4. Inadmissible and irrelevs < 5. Dr. Neal Levi Mr. Roland Evans, Speech Comprehensive Health Serv ^ 26065.14 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, ET AL Plaintiffs, -vs- No: 74 002 312 NO. . THE CITY OF DETROIT, a Municipal Corporation, and NL INDUSTRIES, INC., a New Jersey Corporation, jointly and severally. JUDGE WILLIAM CAHALAN P11509 ' Defendants. ------------------------ -------------------------------------- / Ronald M. Barron P10493 Attorney for Plaintiffs f James H. Daniel P23376 Attorney for City of Detroit .-si' G. Cameron Buchanan P11340 Attorney for NL Industries, Inc. INTERROGATORIES TO GLADYS'BEASLEY, PLAINTIFF._____________________ ___________ TO: GLADYS BEASLEY Plaintiff RONALD M BARRON Attorney for Plaintiffs 3001 West Big Beaver Road, Troy, Michigan, 48084 Suite 326 Demand is hereby made upon you to answer the following Interrogatories, the same under oath and in writing, and to serve a copy of your Answers upon G. Cameron Buchanan,. Suite 1707, 755 West Big Beaver Road, Troy, Michigan, 48084, within fifteen <15) days of service of these Interrogatories upon you. 1. State the date and place of birth of your children, STEVEN BEASLEY, BRIAN BEASLEY, DERRICK BEASLEY, WENDELL BEASLEY and MONIQUE BEASLEY; _1~ NU 000039354 26065.15 (a) State the name of the Obstetrician; (b) State the name of the Pediatrician who saw the children prior to their examination, treatment and hospital ization at Childrens' Hospital the first time. <c) State the names of all pediatricians and physicians who saw each of the children prior to their ' examination, treatment and hospitalization at Childrens' .......... Hospital the first time furnishing the dates of care and treat ment and the address of each physician. .4 2. State the names and addresses of all physicians who treated each of the children at Childrens' Hospital and the dates of treatment. 3. State the name or names and addresses of all physicians who saw or treated all of the plaintiffs since they were last seen at Childrens' Hospital. 4. State the names of all physicians that treated you, Gladys Beasley, giving their names and addresses . and present location from the time of your marriage to the father of the children , co-plaintiff, to the present time. 5. State whether or not any of the children have had any medical attention since July of 19.75, and if so, state where and by whom. 6. State the names, addresses, qualifications of- all expert opinions that you have received and do not expect to use on the trial of this cause, 7. State the names, addresses, qualifications of all physicians that you propose to use on the trial of this cause. 8. State the names, addresses, qualifications of all physicians whose opinions, oral or written that you have received that you do not expect to use on the trial of this cause as witnesses. -2- NL 000039355 State the names of all lay witnesses that you propose to call as witnesses at the time of trial of this cause. 10. State whether or not you will attached to your answer to these interrogatories all written reports which you have received from all physicians and all experts. 11. If you answer the foregoing interrogatory in the negative state the reasons why you will not. attach the reports and opinions. '? BUCHANAN, OGNE AND JINKS P.C. BY:__________________________________________ G. Cameron Buchanan P11340 Suite 1707, 755 W. Big Beaver Road Troy, Michigan, 48084 362-3707 November 24, 1976. -3- NL 000039356 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY ET AL -vs- Plaintiff THE CITY OF DETROIT ET AL Defendants No: 74 0023X2 NO / PROOF OF SERVICE STATE OF MICHIGAN COUNTY OF OAKLAND ) ) ss ) Anah Baugh being first duly sworn, deposes and says that on the 24 day of November, - 1976 she served a true copy of Interrogatories to Gladys Beasley, Plaintiff, on: Syl Delaney Attorney for City of Detroit 1010 City County Building Detroit, Michigan, 48226 Ronald M. Barron Barron and Knoppow Attorneys for Plaintiffs 3001 West Big Beaver Road, Troy, Michigan, 48084 Suite 326 ' by placing said document in envelopes, properly addressed to said Attorneys and depositing the same in the United States mail, postage duly prepaid. Subscribed and sworn to before me this 24 day of November, 1976. Anah Baugh NoteJ._y ruuJ-J-u, \.uum.y , munigan acting in Oakland County, Michigan Carole Sue Colaianni My Commission expires: 4-20-77 NL 000039357 ^ 26065A6 St a t e o f Mic h ig a n IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, ET AL Plaintiffs, -vs- No: 75 002 312 NO THE CITY OF DETROIT, a Municipal Corporation, and NL INDUSTRIES, INC., a New Jersey Corporation, jointly and severally, Defendants. _ _/ Ronald M. Barron P10493 Attorney for Plaintiffs JUDGE WILLIAM CAHALAN P11509 Sylvester Delaney P23690 Attorney for City of Detroit G. Cameron Buchanan P11340 Attorney for NL Industries, Inc. REQUEST FOR PRODUCTION OF DOCUMENTS Now comes the Defendant, NL INDUSTRIES, INC., a New Jersey Corporation, by and through its Attorneys, BUCHANAN, OGNE AND JINKS P.C., and pursuant to 1963 MGCR 309 reuqests that plaintiff, Gladys Beasley, voluntarily produce without an order of the Court the following documents in the. offices of Buchanan, Ogne and Jinks P.C., Suite 1707, 755 West Big Beaver Road, Troy, Michigan, within 15 days of the date of this request all documents, as hereinafter defined in possession of Plaintiffs, their Attorneys, Agents, Experts or representatives. 2. As used herein, the singular shall include the plural and "DOCUMENT" shall have its customary broad meaning and shall include, without limitation, the following items, whether printed, recorded, or reproduced by any other mechanical process, or written or produced by hand, and whether or not claimed to be privileged against discovery on any ground: communications, correspondence; letters; medical -1-- NL 000039358 ^ 26065.V7 records, physicians reports; reports of experts; reports of witnesses, summaries or records of telephone conversations; summaries or records of personal conversations or interviews; statistical statements; graphs; laboratory reports; records of conferences; lists or persons attending meetings or conferences; reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; records, photographs, brochures, pamphlets; drafts of any documents; original or preliminary notes; marginal comments appearing on any document; stenographic or stenotype notgs; any voice recording whether on a tape or a record, BUCHANAN, OGNE AND JINKS P.C. BY::______________________________________________ G. Cameron Buchanan Plli40 Attorney for NE Industries Inc. Suite 1707, 755 w. Big Beaver Road Troy, Michigan, 48084 362-3707 November 24, 1976 -2- NL 000039359 STATE OF MICHIGAN Slfiitlii COURT FOR THE COUNTY OFWAYNE ): GLADYS BEASLEY, ET AL ) -VS- PLAINTIFF(S) CITY OF DETROIT & N & L INDUSTRIES, INC. .DEFENDANT(S) ) ) ) ) ) ) ) ) ) ) ) RECElVEOfiAY 3 1976 v /i 1 CIVIL ACTION NO. 74 002 312 NO N 0. T I CE T0: MR. G. CAMERON BUCHANAN 2217 FIRST NATIONAL BLDG. DETROIT, MICHIGAN 48226 MR. ALVIN R. DAVIDSON 1010 CITY COUNTY BLDG. DETROIT, MICHIGAN 48226 ATTORNEY(S) FOR DEFENDANT ATTORNEY(S) FOR CO-DEFENDANT PLEASE TAKE NOTICE that on the 7TH . day of MAY, 19 76, at the hour of 10:15 , A -M., the deposition of the DETROIT BOARD OF EDUCATIONi______________________ _________ ,, will be taken before a Notary Public, or other officer authorized to administer oaths, at ROOM 1500, GUARDIAN BUILDING, DETROIT, MICHIGAN, pursuant to the provision of Rule 305 of the Michigan General Court Rules. The undersigned counsel does not propose to interrogate the deponent, the proceeding being solely for the purposes of copying records and documents, described in the attached copy of Subpoena,- in the possession or control of the deponent. You, of course, are welcome to appear if you so desire. If you have any objection to the copying of the records and documents please call 965-5040. THERE WILL BE NO INTERROGATION OF THE DEPONENT BY THE UNDERSIGNED COUNSEL ! . BY: MR. RONALD BARRON P-10493 BARRON & KNOPPOW 3001 W. BIG BEAVER RD., STE. 326 TROY, MICHIGAN ATTORNEY(S) FOR PLAINTIFF G. NICK PARA ,' being first duly- sworn, on oath states that a copy of the above notice was mailed/delivered by the undersigned to the above named this 29TH day of APRJ?L -, 19 76 at P ,'M. 1 JIu Jl J^u u J Subscribed and sworn to before me this 29TH day of APRIL 19 76 otary'jPublic ELIZABETH ANN DILLON Notary Public. Wayne County. 'Jicn My Commission Tgiires H7-/7 NL 000039360 N 26065.18 E-9* y STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, ET AL Plaintiff CITY OF DETROIT & N & L INDUSTRIES, INC* Defendant Civil Action 74 002 312 NO SUBPOENA *DUCES t e c u m IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN: TO___ KEEPER OF THE RECORDS. DETROIT BOARD WOODWARD AVE,, DETROIT, MICHIGAN 48202 A NOTARY PUBLIC .You are commanded, to appear before tK&EXSGXXSfiXXfor the County of Wayne at HiXXXKXjJCSSSX GUARDIAN Room No- 1500;n Building, City of Detroit, Wayne County, an_.____FRIDAY thp 7TH_____ day of_______ MAYA.D., 1 at.i.Q.I-i.5__o'clock ir> the FORE nonn^ to testify and give evidence in a certain cause now pending in said X&&38GLbetween .GLADYS BEASLEY, ET AL _________________________________________________________,PIaintifF(s) and____ . & N & L INDUSTRIES , JCNC *Defendant^ ___________________________________________ on the port of the...................... : .PLAINTIFF ___ _ _________ j And for a failure to attend you will be deemed guilty of a Contempt of said Court and will be liable to pay all loss and damage sustained thereby to the part..iebggneved> together with .the sum of Two Hundred Fifty Dollars in addition thereto. BARRON & KNOPPOW BY: MR* RONALD BARRON P-10493 A44 S , PLAINTIFF 3^l3T%: "feG'-BEAVETC-RDV STE .'"32 6 TROY, MICHIGAN Witness, the Hon. JAMES N. CANHAM. Presiding Judge,' and the seal of said Court, at the Court House, in the City of Detroit. Wayne County. Michigan, this 29JH_day of___APRIL. 19. 76 JAMES R. KllLEj*l:'Clerk of the Circuit Court Business Address Phone NO. . . .96.5-2737 Deputy Cfer! *AND YOU ARE THEN AND THERE COMMANDED TO BRING WITH YOU: ANY & ALL RECORDS FROM THE DETROIT BOARD OF EDUCATION PERTAINING TO: 1. BRIAN BEASLEY - DOB: 5/26/68 a. ATKINSON ELEMENTARY b. PERKMAN ELEMENTARY ** SEE ATTACHED RIDER NL 000039361 IS 26065.19 STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF WAYNE Plaintiff " Tiig CITY or OCTROIT * a * u XUBGRIRlSSf ISC. fto-font Civil Action n ,, 74 CQ2312 HO , , **RIDER 2. MONIQUE BEASLEY - DOB: 2/1/71 PASTURE ELEMENTARY 3. STEVEN BEASLEY - DOB: 3/22/63 a. BROOKS JR. HIGH b. ATKINSON 4. DERRICK BEASLEY - DOB: 7/13/65 ATKINSON 5. WENDELL BEASLEY - DOB: 9/27/60 a. ATKINSON ELEMENTARY b. FARWELL JR. HIGH 6.. TINA PETERSON - DOB: 5/6/67 ATKINSON & ANY & ALL OTHER RECORDS. THIS SUBPOENA IS FOR THE PURPOSES OF COPYING ONLY. m' "V.< STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF GLADYS BEASLEY, BT AL ) ) ) ) WAYNE ) ) PLAINTIFF(S) ) -VS- THE CITY OP DETROIT IX it INDUSTRIES , INC. ) ) ) ) ) CIVIL ACTION NO. DEFENDANT(S) ) 74 002312 NO NOTICE TO: HR. ROBERT H. GOLDEN MR. PETER DOZORC 17220 W. TWELVE MILE ROAD SOUTHFIELD, MICHIGAN 48075 MR. JAMBS DANIEL __ 1010 CITY COUNTY BLDG. DETROIT, MICHIGAN ATTORNEY (S) FOR PLAINTIFF ATTORNEY(S) FOR CO-DEFENDANT PLEASE TAKE NOTICE that on the __6_TH day of wnyprravo 1975 . at the hour of llipp ___A_.M., the deposition of the CHILDRENS HOSPITAL will be taken before a Notary Public, or other officer authorized to- administer oaths, at ROOM 1500, GUARDIAN BUILDING, DETROIT, MICHIGAN, pursuant to the provision of Rule 305 of the Michigan General Court Rules. The undersigned counsel does not propose to,interrogate the deponent, the proceeding-, being solely for the purposes of copying records and documents, described in the attached copy of1 Subpoena, in the possession or control of the deponent. You, of course, are welcome to appear if you so desire. If you have any objection to the copying of the records and documents please call 965-5040, THERE WILL BE NO INTERROGATION OF THE DEPONENT BY THE UNDERSIGNED COUNSEL ALEXANDER, BUCHANAN i SEAVITT BYi MR. G. CAMERON BUCHANAN P-11340 2217 FIRST NATIONAL BLDG. DETROIT, MICHIGAN . ATTORNEY(S) FOR DEFENDANT BRUCE E. SCHMIDT ' being first duly.sworn, on path states that a copy of the above Notice was mailed/delivered by the undersigned to the above named this 23KD day of OCTOBER , 1975 atp' ,M. Subscribed and sworn to before me this 23 1(0 day of OCTOBER ELIZABETH ANN OlliON Notify Pulllic, Wayne County. MicA My Cttmmisiion Expire U-7-77 Notary Public . ^5 '" NL 000039364 N 26065.21 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, BRIAN BEASLEY, DERRICK BEASLEY, WENDELL BEASLEY, and MONIQUE B EASLEY, all minors Plaintiffs, -vs- NOi 74 002 312 NO THE CITY OF DETROIT, a Municipal Corporation, and N. L. INDUSTRIES, INC., a New Jersey Corporation, jointly and severally, Defendants. j : i j ANSWERS TO INTERROGATORIES PROPOUNDED BY PLAINTIFF TO DEFENDANT, N L INDUSTRIES, INC. I Now comes N L INDUSTRIES, INC., a New Jersey Corporation !1 by its duly authorized representative, the undersigned, and I makes Answer to Interrogatories heretofore propounded by the i ! Plaintiff for Answer to this defendant. 1. Reference is made to your answer to plaintiff's tComplaint, paragraph 5 of Count I, and in that regard, state: A. Address of plant of Sitkin Midland, Inc. and in regard to that plant: ^ ANSWER; The address of the plant' of Sitkin Midland, Inc, as listed in the Detroit , telephone directory is: 13535 Helen Street, Detroit, Michigan. 1. What processes of manufacture are used there ANSWER: N L Industries, Inc. has no direct knowledge of what processes of *i manufacture are used at Sitkin Midland, IncJ 2. What lead is smelted there and from what source and to what product ANSWER: N L Industries, Inc. has no direct . knowledge of what' lead is smelted at Sitkin Midland, Inc. or from what source or product lead is derived ; 3. Exactly what knowledge you have of lead precipitated into the air from this plant . ANSWER: N L Industries, Inc. has no direct knowledge of lead precipitated into the air from this plant. ; j ML 000039365 N 26065.22 B* Address of N. R. Lavin & Sons, Inc., and in regard to that plant; i:.,'/;,. The exact address of R. Lavin & Sons, Inc. at the time of the occurrence out of which the plaintiff's' alleged cause of action arose is not known by M L Industries, Inc. 1. What processes of manufacture are used there ANSWER; N L Industries, Inc. has no direct knowledge of what processes of manufacture was used at R. Lavin & Sons, Inc. 2. What lead.is smelted there and from what source and to what product ANSWER: N L Industries, Inc. has no direct knowledge of what lead was smelted at R. Lavin & Sons, Inc. or from what source or product the lead was derived : 3. Exactly what knowledge you have of lead precipitated into the air from this plant .1 ANSWER: N L Industries, Inc. has no direct * knowledge of lead precipitated into the air from the plant occupied by R. Lavin & Sons, Inc. at the time of the alleged occurrence out of which this litigation arises. 2. Reference is made to your plant complained of in . plaintiff's Complaint and in regard to that plant state: * A. What air pollution controls are maintained inside the plant building ANSWER: The following air pollution controls are maintained inside the plant building of H L Industries, Inc. facility located at 4700 East Nevada Ave.: 1. sanitary exhaust system'consisting of hoods and duct work 2. sanitary baghouse 3. dross receptacle - hooded to sanitary system 4. second sanitary exhaust system consisting of.a hood, duct work and baghouse 5. central vacuum system - 6. propane-powered vacuum sweeper (Tennant) E. What air pollution controls are maintained in your manufacturing or smelting process and in regard to each such control: 2- - NL 000039366 ANSWER: The following air pollution controls are maintained in the manufacturing or smelting process at N L Industries, Inc. facility located at 4700 East Nevada Ave.* 1.. 1 natural gas-fired afterburner 2. 1 settling chamber 3. 3 air-cooled cyclones 4. 3 settling boxes 5. 1 metallurgical baghouse 1. How many times in the last four (4) years has .it broke down or malfunctioned ANSWER: The only knowledge or evidence that N L Industries, Inc. has as to a break-down or malfunctioning of the air pollution controls in the manufacturing or smelting process in the last four years is i APC Notice 23545 dated 2/5/74 which could be construed as a malfunction of the metallurgical baghouse. 2. What tests have been conducted to determine how much lead escapes your plant into the air, and in regard to each test, state (a) date and by whom conducted and (b) results J j i j ! i ANSWER: Particulate emission testing of the metallurgical baghouse have been conducted to ; determine compliance with Wayne County Air Pollution Control Division rules and 'j j regulations. Analysis of the particulate data for percentage lead yields an emission. i ! rate for lead. The results of this testing 1 ; including the date and by whom conducted are i contained in Appendix I. 3. That air pollution control or prevention machinery and/or equipment do you have in any plant of yours not located and operating also in your plant herein complainted of. ANSWER: The control techniques employed at this Detroit plant, of N L Industries, Inc. are similar to those employed at other smelters operated by N L Industries, Inc. comprising blast (cupola) furnance and pot furnace operations. ' 4. Have you ever conducted any' inquiry or test of any kind, or' had any inquiry or test conducted for.you in regard to the quality of air on your plant property insxb and/or outside your plant, building, and if so: A. By whom conducted B. When NU 000039367 C. With what results or findings. v ..i` D. With what recommendations.. ANSWER: Ambient air quality monitoring (high-volume air sampling) has been conducted inside the plant property by both N L Industries, Inc. and State of Michigan Department of Public Health. The results of the testing by N A Industries, Inc. are contained in Appendix II. Appendix IIA. consists of a scaled down drawing of the f plant indicating the various locations referred to in Appendix II. The test results from the State of Michigan Department : t of Public Health are contained in Appendix III and IV. N I Industries, Inc. has neither conducted any inquiry or | JJ j . '? test of any kind, nor had any inquiry or,test conducted for it in regard to the quality of air outside its plant ' j ! j property. .... j , II No recommendation resulted from the inquiries ; .i or tests conducted by N L Industries, Inc. The., tests run i by the State of Michigan Department of Public Health 1 between January 12, 1973 and February. 1, 1973. resulted In the following recommendations: 1. Future consideration should be given to wet sweeping rather than dry. *. - * 2. All dust leaks must be repaired immediately. 3. No open containers of lead dust or. dross.should j be allowed to exist in or about the plant property. Tests conducted by State pf Michigan,. Department i of Public Health on October 17, 1973 resulted in the following recommendations: - o. 1. Increased enforcement of the.use of .. .. respirators during material handling, tapping and pouring operations. ' '' -4- - -- - -v ' -- . .--i '| ML 000039368 r- ( '22. Complete installation of air supplied hoods in front end loaders. 3. Initiate installation of material handling facility for unloading, storing, and conveying raw materials within enclosures provided with exhaust ventilation. . 4. Theslag breaking operation should also be provided with exhaust hood to control the dust. . j.- Jj 5. Provide furnace topping port designed -to.-minimize Jtt*e particles outside the furnace. j ' ' - -- N L Industries, Inc. . . i_- BY; _____________ T. P. Mesick, Secretary - of : : N I, Industries, Inc. j * -i "i STATE OF NEW YORK NEW YORK COUNTY ) }ss ) - ... T. P. MESICK being first duly sworn, deposes and says that he is Secretary of N L Industries, a New Jersey Corporation, has authority to and does make Answers to Interrogatories heretofore propounded by the plaintiff as hereabove set forth and that the 1 ] \ J '. i Answers to the Interrogatories are true to the best of Affiant's knowledge and belief from information gathered from various ] individuals, and statistics at the defendant corporation offices. X iS. P. Mesick Sworn to before me this c2-6 day of August, 1974. /***'**'- / . I0tafy Public, N^w /y 6; ly^6ommission expire / JOHN T. RAFFERTY Notary Public, State ot Haw To* No. 24-3195855 Qualified tn Kings County Certiticatefueani New (orkiounty nmrms?iON Euiues fcaiclt jC, ls/5 Ounty, New York' '3a /97J" BY; ____________ ' Attorneys for N L Industries, 2217 First National Building, 965-2310 - . Inc.' Detroit . , < Mich. -5- NL 000039369 > Location - .4 APPENDIX X EMISSIONS TESTING DATA Date By Whom Conducted Test Method Emissions Part., Leadi lb/hr. lb/hr. Metallurgical Baghouse stack 10/25/73 NL Industries, Inc. EPA Method #5, FM-247 4.44 0.54 ditto 10/26/73 NL Industries, Inc. EPA Method #5 FRV-247 7.38 1.85 ditto 11/6/73 Wayne County -APCD Wayne County 12.1 Method 1.75 ditto 11/6/73 NL Industries, Inc. EPA Method #5 5.27 FRV.-247 0.64 NOTE: In February or March of 1974 Wayne County further ran particulate emission testing. The inspector for Wayne County, Sam Gibbs, informed the plant supervisor, Gale Smallen, that the results of said tests were in compliance with their standards. The policy of Wayne County is not to release test results unless there in non-compliance with the applicable standards and consequently NL Industries, Inc. does not possess the specific details as to these tests which we passed. .t f N 26065.23 NL 000039370 ` '"1' DATE 5/14/71 5/17/71 5/18/71 5/19/71 5/20/71 5/21/71 5/24/71 5/25/71 5/26/71 5/27/71 0/ 2/71 . 6/ 3/71 6/ 4/71 6/ 7/71 5/ 2/72 5/ 3/72 5/ 4/72 5/ 5/72 5/ 6/72 5/10/72 5/12/72 5/12/72 5/12/72 6/14/72 6/15/72 6/19/72 . 6/20/72 6/21/72 6/22/72 . 6/23/72 11/2/72 11/3/72 11/9/72 11/11/72 11/13/72 11/18/72 11/22/72 li/4/72 12/5/72 12/8/72 12/10/72 12/15/72 12/16/72 12/18/72 APPENDIX II HIGH VOLUME AIR SAMPLING CONDUCTED by NL INDUSTRIES, INC. LOCATION COUCCiiTRATION OF LEAD IN AIR liiCROGKANS PER CUBIC NETER #19 #2 #5 #4 . #6 #7 #9 #10 #18 #11 #3 #11 #12 . i! I. #15 #10 #12 #21 #4 #14. #6 #11 #9 #2 #3 #20 . #18 #16 #17 #5 #19 #5 #9 #12 #17 #11 #9 . P1 ti CL 113 ' Ih# ^7 41 91 123 ` 214 499 619 606 143 135 210 67 36 233 38 20 590 405 59 144 632 77 590 361 130 74 121 259 172 263 414 41 201 1154 321 123 399 232 185 95 87 195 , 244 275 255 i N 26065.24 NL 000039371 'li! `V. TT DATE 1/ 3/73 1/ 5/73 1/ 6/73 1/ 7/73 1/14/73 1/21/73 1/22/73 2/11/73 2/15/73 2/17/73 2/1S/73 2/24/73 2/25/73 2/26/73 12/10/73 12/11/73 12/12/73 2/19/74 - 2/20/74 2/21/74 4/ 9/74 4/ 9/74 4/ 9/74 5/ 3/74 5/ 3/74 5/ 3/74 O/M'Ll'UTUA'flO;; OF U/w U: MU LOCATION No. iilLKUGRABS PER CUBIC METER 17 15 16 20 19 12 11 3 4 5 12 6 9 10 1 1 1 11 5 5 6 5 6 17 11 5 ` [ ' . 177 357 401 35 77 297 309 95 195 299 355 411 375 309 93 58 455 194 26 357 136 148 524 252 175 152 L NL 000039372 APPENDIX III TEST RESULTS FROM STATE OF MICHIGAN DEPARTMENT OF PUBLIC HEALTH CONDUCTED BETWEEN JANUARY 1.2, 1973 & FEBRUARY 1, 1973 Sample No. Location and Remarks Milligrams of Lead pgr cubic meter of air MAXIMUM ALLOWABLE CONCENTRATION --------------- 0.20 268 General air, approximately 8 feet north of the cupola hopper .909 223 General air, taken approximately 8 feet north of the cupola hopper .756 220 General air, collected just outside of the plant supervisor's office on the north side of the plant .037 NL 22 Breathing zone, sweeping machine operator, inside of the helmet of the "white cap" filtered air .047 NL 15 Sweeping machine operator. Sample collected just outside of the "white cap" unfiltered air 2.99 ^ 26065.25 NL 000039374 APPENDIX IV Sample No. TEST RESULTS FROM STATE OF MICHIGAN DEPARTMENT OF PUBLIC HEALTH CONDUCTED ON OCTOBER 17, 1973 Location and Remarks________ Milligrams of Lead per cubic meter of air Maxium Allowable Concentration-------------------------- 0.20 1 Yard area at slag pile --------------------------------- 0.009 2 Yard area at slag pile ---------------------------------- 0.045 7 At scale side of furnance feed----------------------------------------8 At scale side of fumance feed------------------------------ 0.200 0.0$9 9 Near east pot ready to pour ---------------------------- 0.09 10 Near east pot ready to pour ----------------------------------- 0.059 N 26065.26 Nt 000039378 PAGE 2 n b i INTERROGA TO RIES 1. Reference is made to your answer to plaintiff's Complaint, paragraph 5 of Count I, and in that regard, state: A. Address of plant of Sitkin Midland, Inc., and in regard to that plant: 1. What processes of manufacture are used there 2. What lead is smelted there and from what source and to what product 3. Exactly what knowledge you have of lead precipitated into the air from this plant B. Address of N. R. Lavin & Sons, Inc., and in regard to that plant: 1. What processes of manufacture are used there 2. What lead is smelted there and from what source and to what product 3. Exactly what knowledge you have of lead precipitated into the air from this plant 2. Reference is made to your plant complained of in plaintiff's Complaint and in regard to that pland, state: * A. What air pollution controls are maintained inside the plant building B. What air pollution controls are maintained in your manufacturing or smelting process and in regard to each such control: 1. Bow many times in the last four (4) years has it broken down or malfunctioned 2. What tests have been conducted to determine how much lead escapes your plant into the air, and in regard to each test, state: a. date and by whom conducted b. results What air pollution control or prevention machinery and/or equipment do you have in any plant of yours not located and operating also in your plaint herein complained of. 4. Have you ever conducted any inquiry or test of any kind, or ihad any inquiry or test conducted for you in regard to the quality of air on your plant property inside and/or outside your plant, building, and if so: A. By whom conducted B. When C. With what results or findings PEJTIQH 3>OZORO. F.O., a t t o r n e y a t u w 19000 WEST NINE MILE AOAO - SOUTHFIELD. MICHIOAN 49079 - (*1) MS-MOO NL 000039377 ! N 26065.27 PAGE 3 D. With what recommendations SOBERT K. GOLDEN Of Counsel Attorney for Plaintiffs 17220 W. 12 Mile Road, Suite 103 Southfield, Michigan 48075 557-7210 i i PIQTJQR XM3ZOKO, F*.C,, a t t o r n e y a t u w OOC WEST NINE MILS ROAD . SOUTKriCLD. MICHIGAN 4*078 {*!*) 888-IIOO NL 000039378 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY ET AL, Plaintiffs, -vs- Noi 74 002312 NO THE CITY OF DETROIT, a Municipal Corp. and N L INDUSTRIES, INC., a New Jersey Corporation, jointly and severally. Defendants. '___________________________________________ / NOTICE OF TAKING DEPOSITION TO: ALVIN R. DAVIDSON Assistant Corporation Counsel City of Detroit 1010 City-County Building Detroit, Michigan, 48226 ROBERT H. GOLDEN Attorney for Plaintiffs 17220 W. 12 Mile Road Suite 103 Southfield, Mich. 48075 PLEASE TAKE NOTICE that the Defendant, N L INDUSTRIES, INC., a New Jersey Corporation, will on the 3rd of July, 1975 at 10 A.M. at the offices of ALEXANDER, BUCHANAN & SEAVITT, 2217 First National Building, Detroit, Michigan, take on oral examination the deposition of the plaintiff, GLADYS BEASLEY. June 25, 1975 UCHANAN & SEAVITT __________C ---- G. Cameron Buchanan P11340 Attorney for N L Industries, Inc. 2217 First National Bldg. Detroit, Michigan, 48226 965-2310 STATE OF MICHIGAN COUNTY OF WAYNE ) )ss. ) Anah Baugh, being first duly sworn, deposes and says that on the 25th day of June, 1975 she served a true copy of the i within Notice of Taking Deposition on Robert H. Golden, Attorney for Plaintiffs and Alvin R. Davidson, Attorney for City of Detroit, by placing said Notice in an envelope properly ; addressed to said Attorneys and depositing the same in the United States mail, postage duly prepaid. Subscribed and sworn to before me -^his 25 day of JUne,^ 1975. C\ 1 JOHNSON %Caa^ E*Ppfr"' sStZp[nTMtT,b,Mi2ch6^,l97(i NL 000039379 N 26065.28 STATE OE MICHIGAN IN THE CIRCUIT COURT FOE. THE COUNTY OF WAYNE GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY BRIAN BEASLEY, DERRICK BEASLEY, . WENDELL BEASLEY and MONIQUE BEASLEY, all minors Plaintiffs, . VS No. 74 002312 NO THE CITY OF DETROIT, a Municipal corporation and N. L INDUSTRIES, INC., a New Jersey Corporation, jointly and severally. ANSWER TO PLAINTIFF'S INTERROGATORIES 1. The City of Detroit has no written materials related to tests, inspections, complaints, or memoranda concerning lead pollution from industrial plants in the vicinity of the plaintiff's residence, that task by law being the function of the Wayne County Pollution Control Center. The City of Detroit, however, is and has been engaged in a series of tests on children in the vicinity of plaintiff's residence concerning the incidence and etiology of lead poisoning in children within this area. It is my understanding from employees of the Department of Health that certain lead measurements have been made on children and animals, and that certain measurements of the lead, content of the air and soil have been made to an unknown degree. These tests, however, were not directed at any party and are incomplete. To the extent these materials are located and submitted to me in some coherent manner, I will immediately submit copies of the same to the parties of this action. Dated: July 3U, 1974 Alvin R. Davidson Assistant Corporation Counsel Attorney for Defendant 1010 City-County Building Detroit, Michigan 48226 (313) 224-6943 NL 000039380 IS 26065.29 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, Individually dnd as Next Friend of STEVEN BEASLEY BRIAN BEASLEY, DERRICK BEASLEY, WENDELL BEASLEY and MONIQUE BEASLEY, all minors. Plaintiffs, VS No. 74 002312 NO THE CITY OF DETROIT, a Municipal corporation and N. L. INDUSTRIES, INC., a New Jersey Corporation, jointly and severally. Defendants. _/ ROBERT H. GOLDEN (P 14108) Of Counsel attorney for Plaintiffs G. CAMERON BUCHANAN <P 11340) Attorney for Defendant, N. L. Industries, Inc. ALVIN R. DAVIDSON, (P 12567) Attorney for Defendant, City of Detroit ANSWER TO PLAINTIFF'S INTERROGATORIES Elliott S. Hall Corporation Counsel Thomas J. O'Dowd Alvin R. Davidson Assistants Corporation Counsel Attorneys for Defendant City of Detroit 1010 City-County Building Detroit, Michigan 48226 (313) 224-6943 NL 000039381 STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF ) ) WAYNE GLADYS BEASLEY, INDIV. & N. F. OF STEVEN BEASLEY, BRIAN BEA- SLEY, DERRICK BEASLEY, WENDELL BEASLEY & MONIQUE BOSLEY, MINORS PLAINTIFF(S) ) % , ( ) THE CITY OF DETROIT, & N. L. INDUSTRIES, INC,. DEFENDANT(S) ) ) ) ) ) NOTICE c iv il ac t io n n o . mzmm Mciiahan& Seavitt 74 062 MR. BUCHANAN 2217 FIRST NATIONAL BUILDING DETROIT, MICHIGAN 48226 ATTORNEY(S) FOR DEFENDANT TO: MR. PETER DOZORC SUITE 514 CLAUSEN BLDG. 16000 W. 9 MILE ROAD SOUTHFIELD, MICHIGAN 48075 MR. ALVIN R. DAVIDSON 1010 CITY COUNTY BLDG. DETROIT, MICHIGAN 48226 ATTORNEY(S) FOR PLAINTIFF ATTORNEY(S.) FOR CO--DEFENDANT PLEASE TAKE NOTICE that on the 2ND day of MAY, 19 74 , at the hour of 10: 30 , __A_.M., the deposition of the WAYNE COUNTY DEPARTMENT OF HEALTH________________________________________________ will be taken before a Notary Public, or other officer authorized to administer oaths, at ROOM 1500, GUARDIAN BUIIDING, DETROIT, MICHIGAN, pursuant to the provision of Rule 305 of the Michigan General Court Rules. The undersigned counsel does not propose to interrogate the deponent, the proceeding being solely for the purposes of copying records and documents, described in the attached copy of Subpoena, in the possession or control of the deponent. You, of course, are welcome to appear if you so desire. If you have any objection to the cqpying of the records and documents please call' 965-5040. THERE WILL BE NO INTERROGATION OF THE DEPONENT BY THE UNDERSIGNED COUNSEL MR. ROBERT H. GOLDEN P-14108 i. 17220 W. 12 MILE RD. , STE. 103 SOUTHFIELD,,MICHIGAN 48075 (kcs-Crt; ATTORNEY(S) FOR PLAINTIFF BRUCE E. SCHMIDT, being first duly sworn, on bath states that a copy of the above Notice was malled/delivered by the undersigned to the above named this day of APRIL 19____4 at A .M. Subscribed and sworn to before me this 22ND day of APRIL ELIZABETH ANN DILLON Notary Public, Wayne County. Midi My Comroittion Expinn H-7-77 Notary Public . 19 74. NL 000039382 N 26065.3 -V E.M STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF WAYNE GLADYS BEASLEY, INDIV. & N. F. OF STEVEN BEASLEY, BRIAN BEASLEY,. DERRICK BEASLEY, WENDELL BEASLEY & MONI- Plaintiff GUE BEASLEY, MINORS THE CITY OF DETROIT, & N.L. INDUSTRIES, INC. Civil Action 74 002. 312 NO SUBPOENA * DUCES TECUM 1.. IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN: KEEPER OF THE RECORDS/ TO WftYNF. TOTTNTV'DEPARTMENT.OR .HKflT.TH, POT.T.TITTDN GONTROT. OTV. ________ 1311 E. JEFFERSON DETROIT, MICHIGAN! A NOTARY PUBLIC You are commanded, to appear before tHr&OtitfifiK&HiXt for the County of Wayne at tKjC$%26HX5& .,nn GUARDIAN Room M 13UW in the GfffJCSKfltJIi Building, City of Detroit, Wayne County, on_ THURSDAY the- 2ND -day of- MAY -A.D., 19_lit., ot 10: 30 o'clock in the FORE .noon. to testify and give evidence in a certain cause now pending in said Court.xfaexxMCbtKKHKfeKXKlb&eXXK juna- _________________ t^.. N.F. OF STEVEN BEASLEY, BRIAN BEA^T.CT_ TtKHTtTOy BE ft BLEY, WENDELL BEA- r GLADYS BEASLEY, INDIV. & ' SLEY & MONIQUE BEASLEY, MINORS, PLAINTIFF(S) & trarcsiiraifcY THE CITY OF DETROIT. & N.L. INDUSTRIES, INC..DEFENDANTSS), on the part of thePLAINTIFF.. ______________ _________ And for a failure to attend you will be deemed guilty of o Contempt of said Court.and wit! be liable to pay ail loss and damage sustained thereby to the prt 16S aggrieved, together with the sum of Two Hundred Fifty Dollars in addition thereto. i1 Witness, the Hon. JOSEPH A. SUUIVAN, Presiding Judge, and the. seal of s:aid Court, at the Court House, in the City of Detroit, Wayne County, Michigan, this MR ROBERT H GOLDSN P-14108 Attorn ey_S for PLAINTIFF___' 17220 W. 12 MILE RD., STE. SOUTHFIELD, MICHIGAN 48075 Business Addrets 103 22m) Any nt APRIL to 74 . JOSEPH B. SULLIVAN, Clerk of the Circuit Court Phone No. 965-2737 Deputy Clerk *AND YOU ARE THEN AND THERE COMMANDED TO BRING WITH YOU; ANY AND ALL RECORDS, MEMORANDA, NOTES, INVESTIGATION REPORTS, TEST REPORTS, LABO RATORY REPORTS, AND VIOLATION REPORTS OR PILES IN THE POSSESSION OF WAYNE COUNTY DEPT.-OF HEALTH, POLLUTION CONTROL DIV. SPECIFICALLY: RECORDS OF ANY EMISSION TESTS AND SPECIFICALLY .ALL RECORDS CONCERNING VIOLATION NUMBERS 14009,16235,17359,i'7370,17553 & 20393 CONCERNING N. L. INDUSTRIES, INC. THIS SUBPOENA IS FOR THE PURPOSES OF COPYING ONLY. ML 000039383 N 26065.31 RESERVATION AGREEMENT WHEREAS, N. L. INDUSTRIES, INC. holds certain policies of liability insurance, issued by COMMERCIAL UNION ASSURANCE COMPANIES, bearing Policy #EY 9004-663 and EY 9004-723 (hereinafter referred to as the Policies) and WHEREAS, an action has beenSinstituted and is presently pending in the Circuit Court for the County of Wayne, Michigan, which action bears Docket #74-002312NO (hereinafter referred to as the Action) and whereby in the Action the plaintiffs are GLADYS BEASLEY and others; and, ? WHEREAS, N. L. INDUSTRIES, INC. has claimed that it has full coverage for the claims which are made in the Action under the Policies; and WHEREAS, COMMERCIAL UNION ASSURANCE COMPANIES contends that the claims made against N. L. INDUSTRIES, INC. in the Action are only covered from November 1, 1970 to November 10, 1970; and WHEREAS, in. accordance with their duty to assume the defense of the Action, COMMERCIAL UNION ASSURANCE COM PANIES have retained the law firm of ALEXANDER, BUCHANAN & SEAVITT of Detroit, Michigan, as attorneys for N. L. INDUSTRIES, INC.; and f NL 000039384 N 26065.32 WHEREAS, COMMERCIAL UNION ASSURANCE COMPANIES have notified N. L. INDUSTRIES, INC. that they will not proceed with the defense of the Action but will seek a Declaratory Judgment t of the rights and obligations of the assured and the insurers unless a RESERVATION AGREEMENT is entered into; and WHEREAS, it is recognized as essential that the de fense of the Action be carried forward without delay or in- ': terruption; NOW, THEREFORE, in consideration of the mutual under takings herein, the parties agree as follows: 1. COMMERCIAL UNION ASSURANCE COMPANIES, immediately upon the execution of this RESERVATION AGREEMENT, will direct its retained attorneys to resume all activities necessary or appropriate to the defense of the Action, for the account of COMMERCIAL UNION ASSURANCE COMPANIES, including negotiations for full and final settlement. 2. N. L. INDUSTRIES, INC. may appoint counsel of its choice, for its account, to participate with the retained attorneys, in the defense of the Action and in settlement negotiations. 3. If in the opinion of COMMERCIAL UNION ASSURANCE COMPANIES it shall be determined that it is to the best inter ests of the parties to this AGREEMENT to have the Action of GLADYS BEASLEY, et al, referred to hereinbefore, settled the NL 000039385 same shall be presented to N. L. INDUSTRIES, INC., and upon the agreement of both COMMERCIAL UNION ASSURANCE COMPANIES and Nc L. INDUSTRIES., INC. the aforesaid BEASLEY Action will be settled t without prejudice to and with the right of either party to this AGREEMENT to thereafter bring an action to determine who, as between them, is responsible in whole or in part for the payment u:* made by either or both to settle the BEASLEY Action and nothing contained in this RESERVATION AGREEMENT shall be construed as a waiver by either of the parties of their rights and obligations under the Policy or otherwise. 4. N. L. INDUSTRIES, INC. will cooperate with re- I tained attorneys of record in investigations, preparation for :^\ . ' v St rs trial and a trial of the issues. If a final judgment in the Action is rendered against N. L. INDUSTRIES, INC., by a Court of last resort, the resolution of the question of coverage re lative to payment of the judgment in whole or in part shall be determined separately by the parties, in which event and with respect to which, nothing contained in this RESERVATION AGREE MENT shall be construed as a waiver by either party of the rights and obligations set forth .in the Policies and under statutory and common law. NL 000039386 Dated, New York, New York COMMERCIAL UNION ASSURANCE COMPANIES BY U//^i>uUL .k T NL 000039387 RESERVAT1C. AGREEMENT WHEREAS, N.L. INDUSTRIES, INC. holds certain policies of liability insurance, issued by COMMERCIAL UNION ASSURANCE COMPANIES, bearing PolicyM EY 0004-663 and # EY 9004-723 ( hereinafter referred to as the Policies ) and WHEREAS, an action has been instituted and is presently pending in the Circuit Court for the County of Wayne, Michigan which action bears Docket // 77-707918 ( hereinafter referred to as the Action ) and whereby in the Action the plaintiffs are BARBARA PETERSON and others; and WHEREAS, N.L. INDUSTRIES, INC. has claimed that it has full coverage for the claims which are made in the Action under the Policies; and "f WHEREAS, COMMERCIAL UNION ASSURANCE COMPANIES contends that the claims made against N.L. INDUSTRIES, INC. in the Action are only covered from May 1, 1969 to November 10, 1970; and WHEREAS, in accordance with their duty to assume the defense of the Action, COMMERCIAL UNION ASSURANCE COMPANIES have retained the law firm of M0RBACH, CHEATHAM & MC ARTHUR of Detroit, Michigan, as attorneys for N.L. INDUSTRIES, INC.; and WHEREAS, COMMERCIAL UNION ASSURANCE COMPANIES have notified N.L. INDUSTRIES, INC. that they will not proceed with the defense of the Action but will seek a Declaratory Judgement of the rights and obligations of the assured and the insurers unless a RESERVATION AGREEMENT is entered into; and NL 000039388 N 26065.33 WHEREAS, it is recognized os essential that the defense of the Action be carried forward without delay or interruption; NOW, THEREFORE, in considerat ion of the mutual undertakings herein, the parties agree as follows; 1. COMMERCIAL UNION ASSURANCE COMPANIES, immediately upon the execution of this RESERVATION AGREEMENT, will direct its retained attorneys to resume all activities necessary or appropriate to the defense of the Action, for the account of COMMERCIAL UNION ASSURANCE COMPANIES, including negotiations for full and final settlement. 2. N.L. INDUSTRIES, INC. may appoint counsel of its choice, for its account, to participate with the retained attorneys, in the defense of the Action and in settlement negotiations. .1 ^ 3. If in the opinion of COMMERCIAL UNION ASSURANCE COMPANIES it shall be determined that it is to the best interest of the parties to this AGREEMENT to have the Action of BARBARA PETERSON, et al, referred to hereinbefore, settled the same shall be presented to N.L. INDUSTRIES, INC. and upon the agreement of both COMMERCIAL UNION ASSURANCE COMPANIES and N.L. INDUSTRIES, INC. the aforesaid PETERSON Action will be settled without prejudice to and with the right of either party to this AGREEMENT to thereafter bring an action to determine who, as between them, is responsible in whole or in part for the payment made by either or both to settle the PETERSON Action and nothing contained in this RESERVATION AGREEMENT shall be construed as a vaiver by either of the parties of their rights and obligations under the Policy or otherwise. NL 000039389 4. N.L. INDUSTRIES, INC. will cooperate with retained attorneys of record in investigations, preparation for trial and a trial of the issues. if a final judgement in the Action is rendered against N.L. INDUSTRIES, INC., by a Court of last resort, the resolution of the question of coverage relative to payment of the judgement in whole or in part shall be determined separately by the parties, in which event and with respect to which, nothing contained in the RESERVATION AGREEMENT shal1 be construed as a waiver by either party of the rights and obligations set forth in the Policies and under statutory and common law. Dated, New York, New York May 2, 1977 .( COMMERCIAL UNION ASSURANCE COMPANIES s / N. L. INDUSTRIES, INC. BY 7 / NL 00003939 T SETTLEMENT AGREEMENT This Agreement made as of the 23rd day of January, 1979 between NL Industries, Inc., a New Jersey corporation (NL), and Commercial Union Assurance Companies, a ___________ _ corporation (Commercial Union), NL and Commercial Union agree as follows: 1. NL and Commercial Union desire to resolve all issues relating to insurance coverage under applicable policies of insurance respecting the action pending in the Circuit Court of Wayne County, Michigan, bearing the following caption and docket number (the Case), without prejudice to the right of either party to assert that coverage is provided or excluded under any policy of insurance with respect to any other claim, action, cause of action or proceeding: GLADYS BEASLEY, Individually and as Next Friend of STEVEN BEASLEY, BRIAN BEASLEY, DERRICK BEASLEY, WENDELL BEASLEY and MONIQUE BEASLEY, all minors. Plaintiffs VS THE CITY OF DETROIT, A Mu nicipal corporation and N.L. INDUSTRIES, INC., a New Jersey Corporation, jointly and sev- This Agreement shall not be construed or considered as evidence that coverage is provided or excluded under any policy of insurance. 2. This Agreement shall be contingent upon the consummation of a settlement by Commercial Union on NL's behalf in the Case, in the manner required by Michigan law in actions involving minors, ^ith the effect of a res judicata determination of all issues as between all the parties to the Case, inducing the City;of Detroit, and without any admission of liability whatsoever by NL, for a total aggregate payment to all plain tiffs of $150,000. 3. Within 5 days from the date settlement of the Case shall be consummated, NL shall pay over to Commercial Union $75,000 less 50% of the amount, if any, of the contribution toward settlement of the Case made by the City of Detroit. 4. Commercial Union shall pay when due and at its sole expense any and all costs and expenses related to the defense of the Case, including the fees of counsel retained by Commercial Union apd any medical or other experts, court costs, filing fees and reporters fees, but excluding legal fees incurred by NL in the retention of separate counsel and in NL employee time and travel expenses. NL 000039391 N 26065.34 2- 5. All settlement documents, including any proposed consent judge ments shall be submitted to NL for review and approval, prior to execution and filing. NL shall have the right to be present and participate through separate counsel retained by NL in any hearing or other judicial or non-judicial proceeding respecting the Case. 6. Settlement of the Case as provided in section 2 above and pay ment by NL to Commercial Union pursuant to section 3 above, shall constitute in full and complete settlement of all insur ance coverage issues respecting the Case and the parties mutu ally release and waive any and all rights, claims, actions and causes of action which they have or may have, whether now known or hereafter learned., respecting the issue of coverage under applicable policies of insurance with respect to the Case. NL 000039392 SETTLEMENT AGREEMENT This Agreement made as of the 23rd day of January, 1979 between ML Industries, Inc., a New Jersey corporation (NL), and Commercial Union Assurance Companies, a , ._____ _ corporation (Commercial Union), NL and Commercial Union agree as follows: 1. NL and Commercial Union desire to resolve all issues relating to insurance coverage under applicable policies of insurance . respecting the action pending in the Circuit Court of Wayne County, Michigan, bearing the following caption and docket number (the Case), without prejudice to the right of either party to assert that coverage is provided or excluded under any policy of insurance with respect to any other claim, ac tion, cause of action or proceeding: BARBARA PETERSON, Individually and as Next Friend of RODNEY PETERSON, PAMELA PETERSON, VEENUS PETERSON, TINA PETERSON and DWAYNE PETERSON, all minors, Plaintiffs THE CITY OF DETROIT, A Mu nicipal corporation and N.L. INDUSTRIES, INC., a New Jersey Corporation, jointly and sev erally, f Defendants Docket No. 77707918 NO This Agreement shall not be construed or considered as evidence that coverage is provided or excluded under any policy of insurance. 2. This Agreement shall be contingent upon the consummation of a settlement by Commercial Union on NL's behalf in the Cases, in the manner required by Michigan law in actions involving minors, with the effect of a res judicata determination of all issues as between all the parties to the Cases, including the City of Detroit, and without any admission of liability whatsoever by NL, for a total aggregate payment to all plain tiffs of $50,000. 3. Within 5 days from the date settlement of the Case shall be consummated, NL shall pay over to Commercial Union $25,000 less $0% of the amount, if any, of contribution toward settlement of the Case made by the City of Detroit. 4. Commercial Union shall pay when due and at its sole expense any and all costs and expenses related to the defense of the Case, including the fees of counsel retained by Commercial Union and any medical or other experts, court costs, filing fees and reporters fees, but excluding legal fees incurred by NL in the retention of separate counsel and in NL employee time and travel expenses. NL 000039393 2- - 5 ,, All settlement documents, including any proposed consent judge ments shall be submitted to NL for review and approval, prior to execution and filing. NL shall have the right to be present and participate through separate counsel retained by NL in any hgaring other judicial or non-judicial proceeding respecting 6., Settlement of the Case as provided in section 2 above and pay ment by NL to Commercial Union pursuant to section 3 above, shall constitute in full and complete settlement of all insur ance coverage issues respecting the Case and the parties mutu ally release and waive any and all rights, claims, actions and causes of action which they have or may have, whether now known or hereafter learned, respecting the issue of coverage under applicable policies of insurance with respect to the Case. NL INDUSTRIES, IN. By: lrTr,i4t.1le .:Vdi*/i.r'ie',PtcJ to1 r. 1 Corporate Risk COMMERCIAL UNJOI^ ASSURANCE COMPANIES Sits NL 000039394