Document LKgQ9Ydm2MN4yMx6E12mMD5YX

PLAINTIFF'S EXHIBIT IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA IN RE: ASBESTOS IV CIVIL ACTION NO. 95-8888 BEFORE: HON. A. ANDREW MacQUEEN NOTICE OF AMENDED DEPOSITION TO: ALL COUNSEL OF RECORD ON BEHALF OF EACH DEFENDANT THEY REPRESENT IN PENDING ASBESTOS/SILICA CASES IN KANAWHA COUNTY, WEST VIRGINIA PLEASE TAKE NOTICE that counsel for Plaintiffs will take the deposition(s) of representatives of defendant HOBART BROTHERS COMPANY, Dave Manning, on Thursday, July 6, 1995, commencing at 10:00 a.m., and continuing from day to day until completed, to take place at the offices of DAVIES, McFARLAND & CARROLL, One Gateway Center, 10th Floor, Pittsburgh, PA 15222. Defendant HOBART BROTHERS COMPANY is hereby requested, pursuant to Rule 30(b)(6) of the West Virginia Rules of Civil Procedure, to designate and produce one or more individuals with personal knowledge as to the following areas of concern: 1. One or more company representatives who can testify as to an overview of defendant's and its predecessor's past business activities with respect to asbestos and/or silica-containing materials, including but not limited to defendant's corporate or business history, dates of manufacture and sale of asbestos and/or silica-containing products, insulation activities, nature and composition of products, type of asbestos fiber used, description T of package and any information provided with reference to health hazards, and provide information with respect to the various matters and basic subject matters of interrogatories, requests for production and requests for admission served on the defendant by the undersigned firms in this Kanawha County, West Virginia, litigation; 2. One or more representatives who are knowledgeable about the sales, marketing, use and promotion of defendant's asbestos and/or silica-containing materials and who can identify people or entities responsible for and/or knowledgeable concerning sales and uses of asbestos and/or silica-containing materials produced or sold by this defendant to West Virginia and surrounding areas, and in particular to the jobsites listed on Exhibit A attached herein; 3. One or more representatives who can testify as to existing record-keeping systems concerning asbestos and/or silica and/or products containing asbestos or silica and sales or usage records, such as those discussed in Interrogatory No. 50 (e.g., invoices, orders, purchase records, sales summaries, confirmations, bills of lading, annual or other periodic summaries of sales or orders, accounts payable or accounts receivable records, etc.); 4. One or more representatives who can testify to any and all investigations that defendant had made at, before or during the time period that defendant sold or used asbestos or silicacontaining products or fiber, into the safety of asbestos and/or silica generally and also specifically as to defendant's asbestos or silica-containing products; T 5. One or more representatives who can testify to any and all steps taken by defendant to protect, by warning or otherwise, the health and safety of persons who were or who may have been exposed to asbestos or silica-containing materials supplied by this defendant or used by this defendant. 6. One or more representatives who can testify as to defendant's past and present insurance coverage, including terms of coverage, policy limits and remaining available insurance. In addition, this representative should be able to testify as to defendant's current economic status, including corporate or business net worth and past, present and projected future earnings. 7. One or more representatives who can identify any and all documents (including statements and trial deposition testimony of current or former employees of this defendant) in possession of this defendant indicating that this defendant relied upon the January 1946 article, "A Health Survey of Pipecovering Operations in Constructing Naval Vessels" by Walter E. Fleischer, Frederick J. Viles, Jr., Robert L. Gade and Philip Drinker, during the time that defendant manufactured, supplied, distributed, sold or used asbestos-containing materials as a reason for not warning or informing users or consumers of asbestos-containing products of any and all actual or potential health hazards associated with such products. 8. One or more representatives who can identify any and all documents (including statements and trial or deposition testimony of current or former employees of this defendant) in possession of this defendant indicating that this defendant relied upon the T Threshold Limit Value of 5 million particles per cubic foot for asbestos-containing dust during the time that defendant manufactured, supplied, distributed, sold or used asbestoscontaining materials, as a reason for not warning or informing users or consumers of asbestos-containing products of any and all actual or potential health hazards associated with such products. Defendant, pursuant to Rule 34 of the West Virginia Rules of Civil Procedure, is requested to produce the originals and, if possible, a photocopy of all documents subject to outstanding discovery requests, so that they can be discussed and marked as exhibits by the court reporter. Defendant is also requested to produce the originals of any and all records of sales of asbestos or silica-containing materials in West Virginia. You are invited to attend and participate should you so desire. GOLDBERG, PERSKY, JENNINGS Sc WHITE, P.C. B 1030 Fifth Avenue Pittsburgh, PA 15219 (412) 471-3980 and SEGAL AND AVIS 810 Kanawha Boulevard Charleston, WV 25301 (304) 340-9100 exhibit.1 | , * J f > -- ^ EXHIBIT "A" Albright PS Alcon Rolled Products, Fairmont, WV Allied Chemical Charleston Alloy American Car Foundry, Huntington, WV Ames Company, Parkersburg, WV Amos Power House Analine Chemical Charleston Armory, National Guard Atomic Energy Plant, Waverly Bank, Parkersburg National Beaver Valley #1 PS Beverly PS - Muskingum River BlawKnox Corp., Wheeling, WV Borg Waraer/Marbon, Parkersburg, WV/Washington, WV Bruce Mansfield PS Burger PS C &. O Railroad Carbon Black, Degussa Corp. Cardinal a/k/a Brilliant PS Cardinal PS/Brilliant PS/Tidd PS, Brilliant, OH Celanese Corp. Centre Foundry, Wheeling, WV College, Concord College, Bethany Consolidated Aluminum, Hannibal, OH Dillies Bottom PS - R.E. Berger PS, Dillies Bottom, - Dupont - Washington/Parkersburg, WV Dupont - Belle, WV FMC, Charleston Fort Martin PS Fort Martin PS Gavin PS - Chesire PS Gavin PS Glasgow PS - Kanawha PS, Glasgow, WV Glen Lyn PS Glen Lyn PS Goodyear, Charleston Graham's Station PS - Philip Spom PS Harrison PS Harrison PS Harrison PS, Masontown, PA Hatfield's Ferry PS Hazel Atlas Glass, Hazel, WV OH T Helmick Foundry, Fairmont, WV Hospital, St. Mary's Hospital, Fairmont General Hospital, St. Joseph's, Parkersburg Hospital, Wheeling Hospital, WVU Medical Center Hospital, Monongalia General Hospital, Elkins Inco Steel, Huntington, WV John Amos PS John Amos PS Kaiser Aluminum, Ravenwood, WV Kammer/Mitchell PS Kammer PS Kammer PS - Cressup PS, New Martinsville, WV Kanawha a/k/a Glasgow PS Koppers - Bridgeville, PA Koppers - Follansbee, WV Mall, Ohio Valley/St. Clairsville Mine Academy, Beckley Mitchell PS, New Martinsville, WV Mobay - Natrium, WV Mountaineer PS Mt. Storm PS Mt. Storm PS Muskingum River a/k/a Beverly PS Niles PS Olin Matheson/Ormet/Conalco - Hannibal/Clarington, OH Ormet, Hannibal, OH Philip Spora PS Phillip Sporn Power House Pleasants Power Station Point Marion PS PPG - Natrium, WV (New Martinsville & Proctor) Rivesvilie PS ' Rivesvilie PS Sammis a/k/a Stratton PS Sammis/Stratton PS School, Woodrow Wilson High Shell Chemical, Marietta, OH Solvay Chemical, Moundsville, WV Steel of WV (Connor Steel, H.K. Porter), Huntington, WV Sterling Fawcett, Morgantown, WV Toronto PS U.S. Steel, Portsmouth, OH Union Carbide - Washington Bottoms, WV (Parkersburg) Union Carbide - Anmoore/Clarksburg Union Carbide - Marietta (Gulf) Union Carbide - Sistersville/BensRun/LindeAir/LongReach Union Carbide - South Charleston, WV University of Athens - Ohio U., Athens, OH Weirton Steel Weirton Steel, Weirton, WV Westinghouse Glass Plant, Fairmont, WV Wheeling Downs Wheeling-Pitt Steel, Benwood Wheeling-Pitt Steel, Yorkville Wheeling-Pitt Steel, Martins Ferry Wheeling-Pitt Steel, South Plant (Mingo Junction) Wheeling-Pitt Steel, East Plant (Follansbee, WV) Wheeling-Pitt Steel, North Plant (Steubenville) Wheeling-Pitt Steel, Beechbottom White Sulfur Springs Hotel Willow Island PS Willows Island PS - Pleasants PS, Willow Island Yorktown PS Youngstown Sheet & Tube CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within NOTICE OF AMENDED DEPOSITION was served upon the following counsel of record via United States mail, postage pre paid at Pittsburgh, Pennsylvania, on this ^ day of June, 1995. Ralph A. Davies, Esquire GRIGSBY, GAGA & DAVIES One Gateway Center, 10th Floor Pittsburgh, PA 15222