Document LgpVaex8Vyn0g43JoeQ9ZRGd7
NO. 94-10-5860-D
CARL PATTON FRANKLIN, SR., ET AL.
V.
OWENS-CORNING FIBERGLAS, ET AL.
5 IN THE DISTRICT COURT
6 6 OF CAMERON COUNTY, TEXAS
S $ 103RD JUDICIAL DISTRICT
S
SUPPLEMENTAL DESIGNATION OF TRIAL EXHIBITS
TO THE HONORABLE JUDGE OF SAID COURT:
Comes Now, KELLY MOORE PAINT COMPANY, INC., a defendant in
the above-entitled and numbered cause, and pursuant to the
Standing Order entered in the District Courts in Cameron County,
Texas, on August 31, 1995, submits and files its supplemental
designation of trial exhibits in the above-entitled case.
Respectfully submitted,
ORGAIN, BELL & TUCKER, L.L.P. 470 Orleans Street Beaumont, Texas 77701 409-838-6412 FAX: 409-838-6959
BY: v;
Michael
uncale
State Bar
20258125
ATTORNEYS FOR DEFENDANT, KELLY MOORE PAINT COMPANY, INC.
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the
above and foregoing has been served upon all counsel of record on
this the 2J? ^day of 7)^
, 1995.
MICHAEL Jy" TRUNCALE
1. All interrogatory answers, request for production responses, request for admission responses, and any supplementations thereto, for all plaintiffs in the above-entitled cause.
2. All interrogatory answers, request for production responses, request for admission responses, and any supplementations thereto, for all defendants in the above-entitled cause.
3. All exhibits, if any, attached to all depositions taken in the above-entitled cause.
4. All exhibits, designated by all plaintiffs in the aboveentitled cause.
5. All exhibits, designated by all defendants in the aboveentitled cause.
6. Medical records from all doctors listed on plaintiffs' list of physicians attached to plaintiffs' discovery responses, and/or medical records from health care providers or in any other defendant's responses to discovery or designation of trial exhibits in the above-entitled cause.
7. Medical records from all hospitals and/or health care listed on plaintiffs* list of hospitalizations attached to plaintiffs' discovery responses or in any other defendant's responses to discovery or designation of trial exhibits in the above-entitled cause.
8. Photographs of Kelly Moore packaging.
9. Kelly Moore Paint Company, Inc.'s Reply to Interrogatories Re: Moyers v. Armstrong World Industries, Inc., et al; District Court of Potter County, Texas, 47th Judicial District, June 20, 1990 (B&B's KM-1).
10. Kelly Moore Paint Company, Inc.'s Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, July 26, 1995 (B&B's KM-2).
11. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation; District Courts of Bexar County, Texas, August 3, 1995 (B&B's KM-3).
12. Baron & Budd letter sent via FAX September 21, 1995, from Melissa Hutts to Michael Truncale re: Kelly Moore Paint Company's Answers to Plaintiffs' Master Interrogatories In Re: All Asbestos Personal Injury or Death Cases Filed or To Be Filed in Dallas County, Texas (B&B's KM-4).
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13. Orgain, Bell & Tucker, L.L.P. letter sent via FAX September 21, 1995, from Michael J. Truncale to Melissa Hutts re: Kelly Moore Paint Company's Answers to Plaintiffs' Master Interrogatories In Re: All Asbestos-Related Personal Injury or Death Cases Filed or to be Filed in Dallas County, Texas (B&B's KM-5).
14. Kelly Moore Paint Company's Responses to Request for Production of Plaintiffs; Re: All Asbestos-Related Personal Injury or Death Cases Filed by Baron & Budd, P.C. or to be Filed by Baron & Budd, P.C. in Dallas County, Texas; In the District Courts, Dallas County, Texas, 191st Judicial District, May 19, 1995 (B&B's KM-6).
15. Kelly Moore Paint Company's Response to Requests for Production of Plaintiffs; In re: All Asbestos Related Personal Injury or Death Cases Filed by Baron & Budd, P.C. or to be filed by Baron & Budd, P.C. in Dallas County, Texas; in the District Courts, Dallas County, Texas, 191st Judicial District, August 5, 1995, and all exhibits attached thereto (B&B's KM-7).
16. Document titled "Kelly-Moore Paint Company, Inc. Summary of Liability Policies January 1, 1956 - October 1, 1984" (B&B's KM-8).
17. Copies of packaging of Paco Textures Corporation asbestoscontaining products (B&B's KM-9).
18. Copy of Paco Textures Corporation warning (B&B's KM-10).
19. Agreement of Purchase, Sale and License by and between Freeman Quality Drywall Products, Inc. and Kelly-Moore Paint Company, Inc., December 16, 1978 (B&B's KM-11).
20. Kelly-Moore Paint Company, Inc. letter dated July 15, 1981, from William E. Moore, Acknowledged & Agreed by William D. Freeman; re: Amendment to "Agreement of Purchase, Sale and License" dated December 16, 1978 (B&B's KM-12).
21. Document titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall. Products Containing Asbestos" for Kirkland, Washington; Date "Use of Asbestos" in Products Ceased: March 1972 (B&B's KM-13).
22. Document titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall. Products Containing Asbestos" for Tulsa, Oklahoma; Date "Use of Asbestos" in Products Ceased: August, 1975 (B&B's KM-14).
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23. Document titled "Kelly-Moore Paint, Texas Division - Tulsa, Ray Material Purchases, November 1, 1972 - October 31, 1973, with attachments (B&B's KM-15).
24. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall, Products Containing Asbestos" for Ontario, California; Date "Use of Asbestos" in Products Ceased; January, 1975 (B&B's KM-16).
25. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall, Products Containing Asbestos" for Dallas, Texas; Date "Use of Asbestos" in Products Ceased; June, 1967 (B&B's KM-17).
26. Handwritten charts of "Asbestos Purchased in Tons for Dallas and Hurst, dated 1961 - 1977 (B&B's KM-18).
27. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall Products Containing Asbestos" for Richmond, California; Date "Use of Asbestos" in Products Ceased: April, 1964 (B&B's KM-19).
28. Memo dated November 4, 1970, from John Dickman to Doug Merrill, et al. (B&B's KM-20).
29. Kelly-Moore Memo dated November 9, 1970, from Douglas
Merrill to John Dickman; subject: Department Personnel and Job Assignment (B&B's KM-21).
30. Report titled "Paco Textures Division, San Carlos, California, Production and Sales Report, Jan-Dec 1972 Year End Review" (B&B's KM-22).
31. Handwritten reports regarding San Carlos Purchases dated 1971-1976 (B&B KM-23).
32. Report titled "Kelly Moore Paint Company, Inc. Production and Sales (By Factory Location) of Drywall Products Containing Asbestos" for Houston, Texas; Date "Use of Asbestos" in Products Ceased: September 1974 (B&B KM-24).
33. Articles of Incorporation of PACO Textures Corporation dated November 2, 1957 (B&B's KM-25).
34. Brief History of Kelly-Moore's Paco Dry Wall Division's
Production and Sales by D. Merrill, December 1982 (B&B's KM-26).
35. Deposition of Douglas Merrill taken November 20, 1995,
in the case of Samuel Oliphant Wooley, Jr., et al. v.
Owens-Coming Fiberqlas Corporation, et al: Cause No.
94-09-04823-B.
------------- ----------------------
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36. Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery; In re: Asbestos Litigation; District Courts of Bexar County, Texas, July 26, 1995.
37. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation; District Courts of Bexar County, Texas, October 16, 1995.
38. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation; District Courts of Bexar County, Texas, November 1, 1995.
39. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation; District Courts of Bexar County, Texas, December 4, 1995.
40. Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery; In re: Asbestos Litigation In the District Courts of Cameron County, Texas, November 30, 1995.
41. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation In the District Courts of Cameron County, Texas, December 4, 1995.
42. Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed July 5, 1995.
43. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed October 16, 1995.
44. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed October 16, 1995.
45. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed November 16, 1995.
46. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed December 4, 1995.
-5-
47. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, August 3, 1995.
48. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, October 16, 1995.
49. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, November 15, 1995.
50. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County1, Texas, December 4, 1995.
51. Certificate of No Record of a Corporation by the Name of Paco Textures Corporation from the Secretary of State, State of Alabama.
52. Certificate of No Record of a Corporation by the Name of Kelly Moore Paint Company, Inc. from the Secretary of State, State of Alabama.
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23. Document titled "Kelly-Moore Paint, Texas Division - Tulsa, Ray Material Purchases, November 1, 1972 - October 31, 1973,
with attachments (B&B's KM-15).
24. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall, Products Containing Asbestos" for Ontario, California; Date "Use of Asbestos" in Products Ceased; January, 1975 (B&B's KM-16).
25. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall, Products Containing Asbestos" for Dallas, Texas; Date "Use of Asbestos" in Products Ceased; June, 1967 (B&B's KM-17).
26. Handwritten charts of "Asbestos Purchased in Tons for Dallas and Hurst, dated 1961 - 1977 (B&B's KM-18).
27. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall Products Containing Asbestos" for Richmond, California; Date "Use of Asbestos" in Products Ceased: April, 1964 (B&B's KM-19).
28. Memo dated November 4, 1970, from John Dickman to Doug Merrill, et al. (B&B's KM-20).
29. Kelly-Moore Memo dated November 9, 1970, from Douglas Merrill to John Dickman; subject: Department Personnel and Job Assignment (B&B's KM-21).
30. Report titled "Paco Textures Division, San Carlos,
California, Production and Sales Report, Jan-Dec 1972 Year End Review" (B&B's KM-22).
31. Handwritten reports regarding San Carlos Purchases dated 1971-1976 (B&B KM-23).
32. Report titled "Kelly Moore Paint Company, Inc. Production and Sales (By Factory Location) of Drywall Products Containing Asbestos" for Houston, Texas; Date "Use of Asbestos" in Products Ceased: September 1974 (B&B KM-24).
33. Articles of Incorporation of PACO Textures Corporation dated November 2, 1957 (B&B's KM-25).
34. Brief History of Kelly-Moore's Paco Dry Wall Division's
Production and Sales by D. Merrill, December 1982 (B&B's KM-26).
35. Deposition of Douglas Merrill taken November 20, 1995,
in the case of Samuel Oliphant Woolev, Jr., et al. v.
Owens-Corninq Fiberqjas Corporation, et al? Cause No.
94-09-04823-B.
------------- 1---------------------
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36. Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery; In re; Asbestos Litigation; District Courts of Bexar County, Texas, July 26, 1995.
37. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery? In re: Asbestos Litigation; District Courts of Bexar County, Texas, October 16, 1995.
38. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery? In re: Asbestos Litigation? District Courts of Bexar County, Texas, November 1, 1995.
39. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery? In re: Asbestos Litigation; District Courts of Bexar County, Texas, December 4, 1995.
40. Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery; In re: Asbestos Litigation In the District Courts of Cameron County, Texas, November 30, 1995.
41. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation In the District Courts of Cameron County, Texas, December 4, 1995.
42. Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed July 5, 1995.
43. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed October 16, 1995.
44. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed October 16, 1995.
45. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed November 16, 1995.
46. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed December 4, 1995.
-5-
47. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, August 3, 1995.
48. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, October 16, 1995.
49. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, November 15, 1995.
50. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, December 4, 1995.
51. Certificate of No Record of a Corporation by the Name of Paco Textures Corporation from the Secretary of State, State of Alabama.
52. Certificate of No Record of a Corporation by the Name of Kelly Moore Paint Company, Inc. from the Secretary of State, State of Alabama.
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jAMCS W HAMBRlGHT GILBERT i. LOW j HOKE PEACOCK S JOHN CREIGHTON Jn JAMES H CMESNUTT S j B WHITTENBURG CART NEALE REGER JOHN W NEWTON SI O AUAN JONES HOLLIS MORTON LOIS ANN STANTON ROBERT J HAMBRIOHT
HOWARD L. CLOSE CURRY l. COOKSEY CHARLES K. KEBOOEAUX MICHAEL J. TRUNCALE LANCE C. FOX LCANNE JOHNSON DAVIO J. FISHER JOHN w. JOHNSON
Orgain, Bell & Tucker, l.L.P.
ATTORNEYS AT LAW
4-70 ORLEANS STREET
BEAUMONT, TEXAS
77701
TELEPHONE (409) 63B~G*i2
pax (400) eae-EOse
December 29, 1995
JACK P CARROLL T LTNN WAkOCN OONCAN SORRATh CLAOOC R LtMASTERS JONATHAN 0 CAMPBEl DAVIO G ALLEN JAMES E PEACOCK
o' counsel. JOHN 0 TUCKER B O ORGAIN STANLEY RLCTTMAN BENNY H HUGHES. JR
CLEVE BACHMAN (RETIRED)
WILL C. ORGAIN (IBBS'IBBS) MAuOR T BELL (IBBT-IOBB)
Re: Cause No. 94-11-6358-B - Ernest Lloyd Armstrong, et al. v. Owens-Corning Fiberglas, et al; OB&T File 53618
Ms. Aurora de la Garza District Clerk Cameron County Courthouse 974 E. Harrison Street Brownsville, Texas 78520
Dear Ms. de la Garga:
On behalf of defendant, Kelly Moore Paint Co. Inc., please find enclosed for filing Supplemental Designation of Trial Exhibits.
If you have any questions, please feel free to give me a call.
Sincerely
ORGAIN, BELL & TUCKER, L.L.P
MJT/bje Enclosure cc: Mr. Russell W. Budd
Baron & Budd The Centrum 3102 Oak Lawn Avenue, Ste. Dallas, Texas 75219-4281
1100
All Defense Counsel (w/o enclosure)
JAN. u /. y u * yb7 0
NO. 94-11-6358-B
ERNEST LLOYD ARMSTRONG; WILLIAM IN THE DISTRICT COURT
ROBERT ADAMS; DAN BRYANT;
S
RAYMOND J. HENINGBURG; GOLIE
S
KNIGHT; WILLIAM MARLAND MCBRIDE S
LITTLE P. JAMES, Individually S
and as Personal Representative S
of the Heirs and Estate of
S
STANFORD LEE PATRICK, SR.,
S
Deceased; JAMES ARTHUR CROCKER, S
JR. AND DORIS BOND CROCKER;
S
GEORGE MOORE AND SARAH MOORE;
S
AND NORMAND KENNETH MORRISSETTE S
AND IRMA D. MORRISSETTE;
$
S
Plaintiffs,
S
S
VS. S CAMERON COUNTY, TEXAS
s
OWENS-CORNING FIBERGLAS
S
CORPORATION; et al.,
S
S
Defendants.
138TH JUDICIAL DISTRICT
SUPPLEMENTAL DESIGNATION OF TRIAL EXHIBITS
TO THE HONORABLE JUDGE OF SAID COURT:
Comes Now, KELLY MOORE PAINT COMPANY, INC., a defendant in
the above-entitled and numbered cause, and pursuant to the Standing
Order entered in the District Courts of Cameron County on August
31, 1995, submits and files its supplemental designation of trial
exhibits in the above-entitled case.
Respectfully submitted,
ORGAIN, BELL & TUCKER, 470 Orleans Street Beaumont, Texas 77701 409-838-6412 FAX: 409-838-6959
L.L.P.
BY: Michael J. State Bar/
runcale . 20258125
ATTORNEYS FOR DEFENDANT, KELLY-MOORE PAINT CO., INC.
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above
and foregoing has-been served upon all interested counsel of record
on this the
^day of December, 1995.
2. All interrogatory answers, request for production responses, request for admission responses, and any supplementations thereto, for all defendants in the above-entitled cause.
3. All exhibits, if any, attached to all depositions taken in the above-entitled cause.
4. All exhibits, designated by all plaintiffs in the aboveentitled cause.
5. All exhibits, designated by all defendants in the aboveentitled cause.
6. Medical records from all doctors listed on plaintiffs' list of physicians attached to plaintiffs' discovery responses, and/or medical records from health care providers or in any other defendant's responses to discovery or designation of trial exhibits in the above-entitled cause.
7. Medical records from all hospitals and/or health care listed on plaintiffs' list of hospitalizations attached to plaintiffs' discovery responses or in any other defendant's responses to discovery or designation of trial exhibits in the above-entitled cause.
8. Photographs of Kelly Moore packaging.
9. Kelly Moore Paint Company, Inc.'s Reply to Interrogatories Re: Moyers v. Armstrong World Industries, Inc., et al? District Court of Potter County, Texas, 47th Judicial District, June 20, 1990 (B&B's KM-1).
10. Kelly Moore Paint Company, Inc.'s Answers to Master Disaxecy In Re: Asbestos Litigation? District Courts of Travis County, Texas, July 26, 1995 (B&B's KM-2).
-2-
11. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation; District Courts of Bexar County, Texas, August 3, 1995 (B&B's KM-3).
12. Baron & Budd letter sent via FAX September 21, 1995, from Melissa Hutts to Michael Truncale re: Kelly Moore Paint Company's Answers to Plaintiffs' Master Interrogatories In Re: All Asbestos Personal Injury or Death Cases Filed or To Be Filed in Dallas County, Texas (B&B's KM-4).
13. Orgain, Bell & Tucker, L.L.P. letter sent via FAX September 21, 1995, from Michael J. Truncale to Melissa Hutts re: Kelly Moore Paint Company's Answers to Plaintiffs' Master Interrogatories In Re: All Asbestos-Related Personal Injury or Death Cases Filed or to be Filed in Dallas County, Texas (B&B's KM-5).
14. Kelly Moore Paint Company's Responses to Request for Production of Plaintiffs; Re: All Asbestos-Related Personal Injury or Death Cases Filed by Baron & Budd, P.C. or to be Filed by Baron & Budd, P.C. in Dallas County, Texas; In the District Courts, Dallas County, Texas, 191st Judicial District, May 19, 1995 (B&B's KM-6).
15. Kelly Moore Paint Company's Response to Requests for Production of Plaintiffs; In re: All Asbestos Related Personal Injury or Death Cases Filed by Baron & Budd, P.C. or to be filed by Baron & Budd, P.C. in Dallas County, Texas; in the District Courts, Dallas County, Texas, 191st Judicial District, August 5, 1995, and all exhibits attached thereto (B&B's KM-7).
16. Document titled "Kelly-Moore Paint Company, Inc. Summary of Liability Policies January 1, 1956 - October 1, 1984" (B&B's KM-8).
17. Copies of packaging of Paco Textures Corporation asbestoscontaining products (B&B's KM-9).
18. Copy of Paco Textures Corporation warning (B&B's KM-10).
19. Agreement of Purchase, Sale and License by and between Freeman Quality Drywall Products, Inc. and Kelly-Moore Paint Company, Inc., December 16, 1978 (B&B's KM-11).
20. Kelly-Moore Paint Company, Inc. letter dated July 15, 1981, from William E. Moore, Acknowledged & Agreed by William D. Freeman; re: Amendment to "Agreement of Purchase, Sale and License" dated December 16, 1978 (B&B's KM-12).
-3-
21. Document titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall. Products Containing Asbestos" for Kirkland, Washington; Date "Use of Asbestos" in Products Ceased: March 1972 (B&B's KM-13).
22. Document titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall. Products Containing Asbestos" for Tulsa, Oklahoma; Date "Use of Asbestos" in Products Ceased: August, 1975 (B&B's KM-14).
23. Document titled "Kelly-Moore Paint, Texas Division - Tulsa, Ray Material Purchases, November 1, 1972 - October 31, 1973, with attachments (B&B's KM-15).
24. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall, Products Containing Asbestos" for Ontario, California; Date "Use of Asbestos" in Products Ceased; January, 1975 (B&B's KM-16).
25. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall, Products Containing Asbestos" for Dallas, Texas; Date "Use of Asbestos" in Products Ceased; June, 1967 (B&B's KM-17).
26. Handwritten charts of "Asbestos Purchased in Tons for Dallas and Hurst, dated 1961 - 1977 (B&B's KM-18).
27. Report titled "Kelly-Moore Paint Company, Inc. Production and Sales (by Factory Location) of Drywall Products Containing Asbestos" for Richmond, California; Date "Use of Asbestos" in Products Ceased: April, 1964 (B&B's KM-19).
28. Memo dated November 4, 1970, from John Dickman to Doug Merrill, et al. (B&B's KM-20).
29. Kelly-Moore Memo dated November 9, 1970, from Douglas !taill to John Dickman; subject: Department Personnel and Job Assignment (B&B's KM-21).
30. Report titled "Paco Textures Division, San Carlos, California, Production and Sales Report, Jan-Dec 1972 Year End Review" (B&B's KM-22).
31. Handwritten reports regarding San Carlos Purchases dated 1971-1976 (B&B KM-23).
32. Report titled "Kelly Moore Paint Company, Inc. Production and Sales (By Factory Location) of Drywall Products Containing Asbestos" for Houston, Texas; Date "Use of Asbestos" in Products Ceased: September 1974 (B&B KM-24).
-4-
33. 34. 35.
36. 37. 38. 39. 40. 41. 42.
43.
44.
Articles of Incorporation of PACO Textures Corporation dated November 2, 1957 (B&B's KM-25).
Brief History of Kelly-Moore's Paco Dry Wall Division's Production and Sales by D. Merrill, December 1982 (B&B's KM-26).
Deposition of Douglas Merrill taken November 20, 1995, in the case of Samuel Oliphant Woolcy, Jr., et al. v. Owens-Coming Fiberqlas Corporation, et al; Cause No. 94-09-04823-B.
Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery; In re: Asbestos Litigation; District Courts of Bexar County, Texas, July 26, 1995.
Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation; District Olds of Bexar County, Texas, October 16, 1995.
Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation; District Qizls of Bexar County, Texas, November 1, 1995.
Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation; District Chits of Bexar County, Texas, December 4, 1995.
Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery; In re: Asbestos Litigation In the District Courts of Cameron County, Texas, November 30, 1995.
Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery; In re: Asbestos Litigation In the District Courts of Cameron County, Texas, December 4, 1995.
Kelly-Moore Paint Company, Inc.'s Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed July 5, 1995.
Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed October 16, 1995.
Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed October 16, 1995.
-5-
45. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed November 16, 1995.
46. Kelly-Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: All Asbestos-Related Personal Injury or Death cases Filed or to be Filed in the District Courts of Dallas County, Texas, filed December 4, 1995.
47. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, August 3, 1995.
48. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, October 16, 1995.
49. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, November 15, 1995.
50. Kelly Moore Paint Company, Inc.'s Supplemental Answers to Master Discovery In Re: Asbestos Litigation; District Courts of Travis County, Texas, December 4, 1995.
51. Certificate of No Record of a Corporation by the Name of Paco Textures Corporation from the Secretary of State, State of Alabama.
52. Certificate of No Record of a Corporation by the Name of Kelly Moore Paint Company, Inc. from the Secretary of State, State of Alabama.
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JAMES W. HAMBRIGHT GILBERT I. LOW
j HOKE REACOCK S JOHM CREIGHTON SI JAMES H. CHESNUTT S j e WHITTEN BURG GARY NEALE REGER JOHN W NEWTON SI O. ALLAN JONES HOLLIS HORTON LOIS ANN STANTON ROBERT J. HAMBRIGHT
HOWARO L. CLOSE CURRY L. COOKSEY CHARLES K. KEBOOEAUX MICHAEL J. TRUNCALE LANCE C- FOX LEANNE JOHNSON OAVIO J. FISHER JOHN W. JOHNSON
Orgain, Bell & Tucker, L.L.P.
ATTORNEYS AT LAW
A70 ORLEANS STREET
BEAUMONT, TEXAS
77701
TELEPHONE (409) 638-6412 FAX (409) 838*8999
February 9, 1996
JACK P. CARROLL T. LYNN WALDEN OONEAN SURRATT CLAUOE R. LCMASTERS JONATHAN D. CAMPBELL OAVIO G. ALLCN JAMCS C. PEACOCK
Or MUNML JOHN G. TUCKER B. O. ORGAIN STANLEY PLCTTMAN BENNY H. HUGHES. JR
CLCVC BACHMAN IRCTIRCO)
WILL C. ORGAIN 11682-10651 MAJOR T. BELL (1897108' <
RE: In Re: Asbestos Litigation - In the District Courts of Harris County, Texas
Mr. Charles Bacarisse District Clerk
Harris County Courthouse P. 0. BOX 4651 Houston, Texas 77210
rrD .
21506
Dear Mr. Bacarisse:
On behalf of defendant, Kelly Moore Paint Co. Inc., please find enclosed for filing Verification of Kelly Moore Paint Company, Inc.'s Answers to Interrogatories and Responses to Request for Production Propounded by Plaintiff which was filed with the court on January 5, 1996.
If you have any questions, please feel free to give me a call.
Thank you for your courtesies in this matter.
Sincerely
MJT/bje Enclosure cc: Mr. Peter Kraus
Baron & Budd The Centrum 3102 Oak Lawn Avenue, Dallas, Texas 75219
Ste.
1100
All Defense Counsel (w/o enclosures)
THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
S
BEFORE ME, the undersigned authority, on this day personally appeared DOUGLAS WAYNE MERRILL, Vice President of Manufacturing for Kelly-Moore Paint Co., Inc., who being duly sworn, upon oath states that the answers to the interrogatories herein are true and correct, and that he executed this affidavit in the capacity therein stated, and as the act and deed of said corporation.
SIGNED this the 2.2 da"
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7*^
Douglas WdVne Merrill, Affiant
SWORN TO AND SUBSCRIBED BEFORE ME by the said Douglas
Wayne Merrill, this the
_ day ofQ4.C* t'JJ
1 w*
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to certify which witness my hand and seal of office.
Notary Publi^ State d; California.
Iferrls County Texss Asbestos litigation