Document JNVemwz7LdqyLB3d1XY4za12K

STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF BURLEIGH SOUTH CENTRAL JUDICIAL DISTRICT RE: Burleigh County Asbestos Cases Set 7 & 8 Charles Knaup Civil No. 96-C-1006 #************************** STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF GRAND FORKS NORTHEAST CENTRAL JUDICIAL DISTRICT RE: Grand Forks County Asbestos Cases-Set No. 6 James Stenerson CivilNo. 96-C-0108 Danny Sumpter CivilNo. 96-C-0109 Floyd Sumpter CivilNo. 96-C-0110 DEFENDANT BORG-WARNER CORPORATION'S ANSWERS TO PLAINTIFFS* INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT fSET 0 -TO: ABOVE-NAMED PLAINTIFFS AND THEIR ATTORNEY, JEANETTE T. BOECHLER, ONE N. 2ND STREET, STE 314, PO BOX 1932, FARGO, ND 58107 **Michelle, Bold lettering denotes changes In our previous answers and Borg-Warner's proposed answers.** Though Borg-Warner Corporation has made every good faith effort to respond to those Interrogatories to which it has not objected, in making such response, Borg-Warner Corporation does not purport to have adopted or applied any definitions set forth at the outset of or at other places in Plaintiff's Interrogatories nor has Borg-Warner assumed the improper, unproved and hypothetical facts set forth, implied or alluded to in Plaintiffs Interrogatories or SCF-ALLF-10550 S-FORD-OIO sold asbestos-bearing products was Unit Parts, Oklahoma City, Oklahoma which was purchased in 1972 and divested in 1976. 5. Has defendant, at any time, engaged in the manufacture of products containing asbestos fibers? If so, please state: a. From what source or sources, if any, did your company obtain mined asbestos since the year 1930. b. Whether any warnings, cautions, caveats, or directions accompanied the material referred to in (a) and the language, nature, and presentation of said warning, cautions, caveats or directions accompanying or relating to said asbestos. ' c. Approximately what date said warnings, cautions, caveats or directions first appeared on such, mined asbestos referred to in (a) above. d. Where the asbestos or asbestos materials were manufactured by this answering defendant and/or its predecessor entities as described above. e. How long the defendant manufactured asbestos or asbestos materials. * f. Whether any warnings, cautions, caveats or directions accompany the materials referred to in (a) and the nature, language, and graphic presentation of said warnings, cautions, caveats or directions accompanying said asbestos materials manufactured by this answering defendant and/or its predecessors. g. Approximately what date said warnings, cautions, caveats or directions appeared on the manufactured asbestos or asbestos materials. ANSWER: a. Borg-Warner objects to this interrogatory on the grounds that is overly broad and burdensome. Without waiving its objection, BorgWarner answers: all the asbestos bearing friction materials incorporated in Borg-Warner's clutch assemblies were supplied to Borg-Warner by other manufacturers, including RaybestosManhatten (Raymark), American Brake Shoe, Ausco, Gatke, JohnsManville, National Friction Products, Russe, Standco, H.K. Porter, . Inc., Thermoid Division, Akebono America, Inc., Bendix Textar, and Amco Works. Borg-Warner purchase such materials over 1N7RANS1.DOC 5 approximately 60 years beginning in 1928. Borg-Warner did not resell those friction materials themselves; rather they were used as components in Borg-Warner's clutch products. b. Unknown. c. Unknown. d. Borg-Warner states that three of its business units were involved in the manufacture, distribution and sale of service brake products or clutch assemblies incorporating asbestos-bearing materials. They were the following: . Borg & Beck Division 6700 18 1/2 Mile Road Sterling Heights, Ml 48078 6558 South Menard Avenue Chicago, IL 60638 Rockford Division 1200 Windsor Road Rockford, IL 61125-7007 % * Spring/Brummer Division 700 South 25th Avenue Bellwood, IL 60104 e. Borg-Warner discontinued the manufacture of service brake products for economic reasons in 1975. Borg-Warner's clutch operation was sold in 1988 for economic reasons. f. Unknown. g. Unknown. 6. Has defendant, at any time, engaged in the mining of materials containing asbestos fibers and/or asbestos? If so, please state: a. The locations at which the asbestos was mined. b. How long the defendant mined asbestos. c. The types of asbestos mined. INTHANS1.doc 6 Peavy Co.-Grand Forks, NO Phillip Getschow Pioneer Power - St. Paul, MN Power Plant, Basin Electric -(Antelope Valley) - Beulah, NO Power Plant, Basin Electric- (Leland Olds)--Stanton, NO Power Plant, Cooperative Power (Coal Creek Underwood, NO Power Plant, Minnkota Power ( Milton Young) - Center, NO Power Plant, Montana Dakota Utilities (Coyote), Beulah, NO Power Plant Montana Dakota Utilities (Heskett)-Mandan, NO Power Plant, NSP (Sherco)-Becker, MN Power Plant, Nuclear - Byron, IL Power Plant, United Power - Stanton, NO R.D.O. Foods - Grand Forks, ND R.D.O. Foods - Park Rapids, ND Refinery Amoco - Mandan, ND Refinery, Ashland/Northwestern - St. Paul, MN Refinery, Koch/Pine Bend/Great Northern- Hastings, MN Ron's Phillips 66- West Fargo, ND Ronald Moran Cadillac- Rodondo Beach, CA Ryan & Associates School, Bloomington High - Bloomington, MN School - Valley City, ND School, Vo-Tech, Detroit Lakes, MN School, Vo-Tech, East Grand Forks, MN Skelly Service Station - Hillsboro, ND Sonneman Construction Co. Southside Texaco - Fargo, ND St. Paul Ford - St. Paul, MN Steiger Tractor - Fargo, ND Studebaker Corporation Taconite Plant, Erie Mining - Aurora, MN Taconite Plant, Eveleth Taconite - Eveleth, MN Taconite Plant, Hibbing Taconite U-tfbbing, MN Taconite Plant, National Taconite - Kewatin, MN Taconite Plant, Northshore Mining - Silver Bay, MN . Taconite Plant - Taconite Harbor, MN . Taconite Plant, U.S. Steel (Minntac) - Mountain Iron, MN Texaco - Beloit, Wl Turkey Plant - Marshall, MN University of Minnesota - Crookston, MN University of North Dakota - Grand Forks, ND Valley House Movers - Fargo, ND . Valley Movers, Inc. . Veegan Construction W. W. Wallwork - Fargo, ND Water Treatment Plant - Fargo, ND - West End Motor- Hazen, ND * West Fargo City Services - West Fargo, ND West Fargo Fair Grounds - West Fargo, ND West Gargo Garage - West Fargo, ND West Fargo Phillips 66 - West Fargo, ND White Oak Utility Construction Woerfel Corp. - Milwaukee, Wl Wrigley Mechanical - Fargo, ND ANSWER: Borg-Warner objects to this interrogatory on the grounds that it is overly broad, burdensome and harassing. Without waiving its objection, Borg- Warner answers that it does not maintain records back to 1950. Further, Borg- Warner does recognize that it was an OEM supplier and therefore most likely sold its products to Ford, General Motors, Chrysler, and International Harvester. There are no records which indicate that Borg-Warner sold to any of the other entities listed in this interrogatory. . 11. As to any asbestos products and/or shipment of asbestos products referenced in your answer to Interrogatory No. 10, please describe all such shipments arid/or deliveries as specified, and attach to your interrogatory answers copies of all documentary materials in your care, custody and/or control INTRANSI.OOC 11 ANSWER: Borg-Warner objects to this interrogatory on the grounds that it is overly broad, burdensome, harassing and unlimited in scope. Without waiving its objection Borg-Warner answers: None known to exist. 15. Identify the method of distribution, including any distribution chain or network of wholesalers and/or distributors of defendant's asbestos products, and, in summary fashion, identify documents (by type) evidencing or confirming such chain or system of product distribution, including, but not limited to, distribution from and/or to other defendants in the instant litigation. - ANSWER: Borg-Warner objects to this interrogatory on the grounds that it is overly broad, burdensome and harassing. Without waiving its objection, BorgWarner's asbestos-bearing products were sold primarily to Original Equipment Manufacturers (OEM's). Some products were distributed through national distributors. 16. Identify your distributors and/or suppliers of either raw or mined asbestos, fiber, and/or asbestos products with which you had business contact since 1930. . ANSWER: Borg-Warner objects to this interrogatory on the grounds that it is overly broad and burdensome. Without waiving its objection, Borg-Warner answers: all the asbestos bearing friction materials incorporated in BorgWarner's clutch assemblies were supplied to Borg-Warner by other manufacturers, including Raybestos-Manhattan (Raymark), American Brake Shoe, Ausco, Gatke, Johns-Manville, National Friction Products, Russe, Standco, H.K. Porter, Inc., Thermoid Division, Akebono America, Inc., Bendix Textar, and Amco Works. Borg-Warner purchases such materials over approximately 60 years beginning in 1928. Borg-Warner did not resell these friction materials themselves; rather they were used as components in Borg-Warner's clutch products. The asbestos purchased for Borg-Warner's Disc Brake Pads produced for model years 1971 to 1975, was purchased from Asbestos Corporation, Thetford Mines, Quebec, Canada, which sold the asbestos fibers to Borg-Warner through the Donald R. Fitzgerald Co., Chicago, Illinois. . 17. Have any of the products listed in Interrogatory No. 8 above been altered in chemical composition since first being marketed? INTRANS1.DOC 13 DATED: , 1996. . BORG-WARNER AUTOMOTIVE BY::__________________________ ITS:____________ !_____________ STATE OF MICHIGAN ) ) ss COUNTY OF The foregoing instrument was acknowledged before me this____ day of__ f 1996, by the of Borg-Warner Automotive, a Michigan corporation, on behalf of the corporation. (SEAL) Notary Public .County, Michigan . My Commission Expires: * AS TO ANY AND ALL OBJECTIONS: DATED: \Xl*2- . 1996. JEFFRIES, OLSON, FLOM & BULLIS, PA Moorhead, MN 56561-0009 Telephone: (701) 280-2300 ATTORNEYS FOR DEFENDANT BORG-WARNER AUTOMOTIVE IWTHANS1.DOC 41