Document MGG3xm6JxEXLKB3qLV9BZQ3kk
NO. 90-10623-1
REGINALD DIXON LYLES AND MAUDE )
LYLES; JOHN MORRIS NORTHCUTT )
AND BONNIE NORTHCUTT; YANCEY )
NORVILLE HALL AND DOROTHY HALL;)
LESLIE EDWARD DRISKELL AND
)
EVELYN DRISKELL,
)
Plaintiffs,
)
)
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v. )
)
FIBREBOARD CORPORATION,et al; )
Defendants.
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)
)
IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 162ND JUDICIAL DISTRICT
W.R. GRACE & CO-CONN'S ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATOR!ES
GENERAL OBJECTIONS
W.R. Grace & Co.-Conn, formerly known as W.R. Grace & Co., ("Grace-Conn") incorporates herein by reference its General
Objections to its Responses and Objections to Plaintiffs' First Set of Interrogatories and Request for Production of Documents to Defendant.
INTERROGATORIES
INTERROGATORY 1
For each document listed below, please answer whether such document is a true and correct duplicate of a genuine and authentic document:
-E--X---H--I-B--I--T----N--O--.(a) WRG-2
\ -D--E--S--C---R--I-P--T--I-O--N--
Letter to Manfred Bowditch from Bradley Dewey dated November 8, 1934.
ANSWER
Subject to the General Objections interposed above, GraceConn is unable to answer this interrogtory. To the extent this document relates to the Multibestos Co., Grace-Conn never held any interest in the Multibestos Co. To the extent this document relates to Dewey and Almy, Grace-Conn did not aquire Dewey and Almy until 1954, years after the creation of this document.
PLAINTIFF'S EXHIBIT-
(b) WRG-107
Letter dated December 10,1937 to Anthony J. Lanza from Manfred Bowditch.
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(c) WRG-108
Letter dated December 14, 1937 to Manfred Bowditch from Leroy U. Gardner with attachment.
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(d) WRG-3
Letter to Bradley Dewey from Manfred Bowditch, February 19,1938.
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(e) WRG-4
Letter to Manfred Bowditch from Bradley Dewey, February 23, 1938 (2 pages).
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(f) WRG-5
Letter to Bradley Dewey from Manfred Bowditch, March 4, 1938.
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(g) WRG-109
Letter dated March 4, 1938 to Leroy U. Gardner from Manfred Bowditch with attachment.
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(h) WRG-110
Letter dated March 24, 1938 to Bradley Dewey from Manfred Bowditch with attachment.
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(i) WRG-111
Letter dated March 28, 1938 to Manfred Bowditch from Bradley Dewey.
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(j) WRG-112
Article "An X-ray Study of the Lungs of Workmen in the Asbestos Industry Covering a Period of Ten
Years" by Arial W. George, M.D., and Ralph D. Leonard, M.D. Radiology. August, 1939.
ANSWER
Subject to the General Objections interposed above, and after reasonable investigation, Grace-Conn is unable to answer this interrogatory. Grace-Conn was not the author of this article.
(k) WRG-6
Letter to Manfred Bowditch from Bradley Dewey, November 8, 1939.
ANSWER
See the answer to Interrogatory 1, sub-part (a), above.
(l) WRG-113
Letter dated July 23, 1954 to the Shareholders of Dewey and Almy Chemical Company from Hugh S. Ferguson.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes.
(m) WRG-7
Report: Agreement of Merger and Articles of Consolidation; Presented at Directors' Meeting dated 09/03/54, 30 pages.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes.
(n) WRG-114
Letter dated September 25, 1954 to the Stockholders from Hugh Ferguson presented to Directors' Meeting of 09/03/54, with attachments.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes.
(o) WRG-8
A report on an industrial hygiene of study of the Zonolite Company of Libby, Montana, August 8-9, 1956.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(p) WRG-13
"A Report on an Industrial Hygiene StudfBy of the Zonolite Company, of Libby, Montana, dated January 12, 1959.
ANSWER
Subject to the General Objections interposed above, GraceConn states no. Grace-Conn has in its files a substantially similar document, but the documents differ in that plaintiffs' copy is missing two pages.
(q) WRG-22
A report of an industrial hygiene study of the Zonolite Company, Libby, Montana, April 19, 1962.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(r) WRG-24
A report on an industrial hygiene study of the Zonolite Company, Libby, Montana, April 11, 1963.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes .
(s) WRG-25
Letter to R.A. Bleich from Benjamin Wake, May 23, 1963.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(t) WRG-34
Memo to J.A. Kelley from R.A. Bleich, January 2, 1965.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(u) WRG-115
Office Memorandum dated March 31, 1966, to Mr. Bleich from Benjamin Waite(sic).
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(v) WRG-40
Memorandum to R.W. Sterrett from Peter Kostic dated January 5, 1968, 4 pages.
D
ANSWER
Subject to the General Objections interposed above, GraceConn states yes .
(w) WRG-116
Memoradum dated June 27, 1968, to R.W. Sterrett from E.D. Lovick.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes .
(x) WRG-41
Memo from Leslie A. Barron transmitting New Yorker magazine article from issue of October 12, 1968. Letter is dated November 18, 1968.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes .
(y) WRG-43
Letter to R.W. Sterrett from N.F. Bushell with attachment: attending physician's statement, December 10, 1968.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes .
(z) WRG-117
Memorandum dated March 11, 1969, to R.W. Sterrett from Peter Kostic with cc's to Vining, Dugan, and Kulberg.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes .
(aa) WRG-118 Memorandum dated May 9, 1969, to R.W. Sterrett re: Zonolite Research.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(bb) WRG-119 Letter dated July 29, 1969, to O.F. Stewart from H.A. Brown with attachment: Zonolite Vermiculite Ore Review.
ANSWER
Subject to the General Objections interposed above, Grace-
Conn states no. Grace-Conn has in its files a substantially similar document, but the document differs in that plaintiffs' copy is missing the distribution list.
(cc)
WRG-120
Confidential report "Construction Products Division. W.R. Grace & Co., 1970 Long Range Plan,
Volume I". Cambridge, Mass. October, 1969. Copy No. 29.
ANSWER
Subject to the General Objections interposed above, Grace-
Conn states no. Plaintiff's copy is missing sections I, IX, III, & IV of the report.
(dd) WRG-50
Memo to V.H. Dodson from T.F. Eagan December 1, 1969.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(ee) WRG-121 Confidential Memorandum dated March 16, 1970 to K.R. Cranker from R.J. Bragg re: Mono-Kote Reformation.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(ff) WRG-52
Memo to R.F. Chaney from Thomas Egan, June 1, 1970.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(gg)
WRG-122
Confidential Memorandum dated June 24, 1970 to
R.W. Sterrett, B.R. Williams, J.N. Beveridge, D.G. Powell, R.L. Asher, R.E. Dunham, W.G. GAry, L.P. Hollis, C.R. Lowe, J.A. McEachern, and C.H. Wendel from T.F. Egan.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(hh) WRG-53
Report titled "Asbestos Fiber Concentrations in Air from Spray Fireproofing Operations using Zonolite Products," July 13, 1970.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(ii) WRG-123 Memorandum dated October 25, 1971 to Tom Feit, C.H. Wondal, and Bob Randall from W.V. Culver re: Fireproofing Spec.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(jj) WRG-124 Minutes of Meeting of Plaster & Fireproofing Committee dated December 1 and 2, 1971.
ANSWER
Subject to the General Objections interposed above, GraceConn states no. Grace-Conn has in its files a substantially similar document, but plaintiffs' document differs in that it is missing an attached distribution list and memo. [BASED ON QUORUM
SEARCH]
(kk) WRG-62
Letter to E.R. Prevost from R.C. Ericson, January 4, 1972.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(11) WRG-63
Memo to H.A. Brown from H.A. Eschenbach, February 10. 1972.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(mm) WRG-64
Memo to T.L. Lyall from H.A. Eschenbach, May 5, 1972.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(nn) WRG-125 Memorandum dated June 14, 1972 to All Mono-Kote Plant Supts. from R.C. Ericson re: Mk-4(67C).
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(oo) WRG-126 Letter dated August 2, 1972 to J.H. Greer from Thomas P. Feit.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
INTERROGATORY 2
For each document listed below, please answer whether such document was kept and/or generated and/or received in the regular course of a regularly conducted business activity of W.R. Grace and/or its predecessors in interest, or any of their predecessors.
EXHIBIT NO.
DESCRIPTION
(a) WRG-2
Letter to Manfred Bowditch from Bradley Dewey dated November 8, 1934.
ANSWER
Subject to the General Objections interposed above, Grace-
Conn states no. To the extent this document relates to the Mulbestos Co., Grace-Conn never held any interest in the
Multibestos Co. To the extent this document relates to the Dewey and Almy Co., Grace-Conn did not acquire Dewey and Almy until 1954, years after the creation of this document.
(b) WRG-107
Letter dated December 10, 1937 to Anthony J. Lanza from Manfred Bowditch.
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(c) WRG-108
Letter dated December 14, 1937 to Manfred Bowditch from Leroy U. Gardner with attachment.
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(d) WRG-3
Letter to Bradley Dewey from Manfred Bowditch, February 19, 1938.
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(e) WRG-4
Letter to Manfred Bowditch from Bradley Dewey, February 23, 1938 (2 pages).
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(f) WRG-5
Letter to Bradley Dewey from Manfred Bowditch, March 4, 1938.
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(g) WRG-109
Letter dated March 4, 1938 to Leroy U. Gardner from Manfred Bowditch with attachment.
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(h) WRG-110
Letter dated March 24, 1938 to Bradley Dewey from Manfred Bowditch with attachment.
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(i) WRG-111
Letter dated March 28, 1938 to Manfred Bowditch from Bradley Dewey.
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(j) WRG-112
Article "An X-ray Study of the Lungs of Workmen i
the Asbestos Industry Covering a Period of Ten
Years" by Arial w. George, M.D., and Ralph D.
Leonard, M.D. Radiology. August, 1939.
ANSWER
See the answer to Interrogatory 1, sub-part (j), above.
(k) WRG-6
Letter to Manfred Bowditch from Bradley Dewey, November 8, 1939.
ANSWER
See the answer to Interrogatory 2, sub-part (a), above.
(l) WRG-113
Letter dated July 23, 1954 to the Shareholders of Dewey and Almy Chemical Company from Hugh S. Ferguson.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes.
10
(m) WRG-7
Report: Agreement of Merger and Articles of Consolidation? Presented at Directors' Meeting dated 09/03/54, 30 pages.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes .
(n) WRG-114
Letter dated September 25, 1954 to the Stockholders from Hugh Ferguson presented to Directors' Meeting of 09/03/54, with attachments.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes .
(o) WRG-8
A report on an industrial hygiene of study of the Zonolite Company of Libby, Montana, August 8-9, 1956.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes .
(p) WRG-13
"A Report on an Industrial Hygiene Study of the
Zonolite Company, of Libby, Montana, dated January 12, 1959.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes.
(q) WRG-22
A report of an industrial hygiene study of the Zonolite Company, Libby, Montana, April 19, 1962
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(r) WRG-24
A report on an industrial hygiene study of the Zonolite Company, Libby, Montana, April 11, 1963.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(s) WRG-25
Letter to R.A. Bleich from Benjamin Wake, May 23, 1963.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes .
(t) WRG-34
Memo to J.A. Kelley from R.A. Bleich, January 2, 1965.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes .
(u) WRG-115
Office Memorandum dated March 31, 1966, to Mr. Bleich from Benjamin Waite(sic).
ANSWER
Subject to the General Objections interposed above, Graceconn states yes .
(v) WRG-40
Memorandum to R.W. Sterrett from Peter Kostic dated January 5, 1968, 4 pages.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes.
(w) WRG-116
Memoradum dated June 27, 1968, to R.W. Sterrett from E.O. Lovick.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes .
(x) WRG-41
Memo from Leslie A. Barron transmitting New Yorker
magazine article from issue of October 12, 1968. Letter is dated November 18, 1968.
ANSWER
Subject to the General Objections interposed above. GraceConn states yes .
(y) WRG-43
Letter to R.W. Sterrett from N.F. Bushell with attachment: attending physician's statement, December 10, 1968.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes .
(z) WRG-117
Memorandum dated March 11, 1969, to R.W. Sterrett from Peter Kostic with cc's to Vining, Dugan, and Kulberg.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(aa) WRG-118 Memorandum dated May 9, 1969, to R.W. Sterrett re Zonolite Research.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(bb) WRG-119 Letter dated July 29, 1969, to O.F. Stewart from H.A. Brown with attachment: Zonolite Vermiculite Ore Review.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(cc)
WRG-120
Confidential report "Construction Products Division. W.R. Grace & Co., 1970 Long Range Plan Volume I". Cambridge, Mass. October, 1969. Copy No. 29.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(dd) WRG-50
Memo to V.H. Dodson from T.F. Eagan December 1, 1969.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(ee)
WRG-121
Confidential Memorandum dated March 16, 1970 to K.R. Cranker from r.j. Bragg re: Mono-Kote
Reformation.
ANSWER
Subject to the General Objections interposed above, Graceconn states yes.
(ff) WRG-52
Memo to R.F. Chaney from Thomas Egan, June 1, 1970.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(99)
WRG-122
Confidential Memorandum dated June 24, 1970 to R.W. Sterrett, B.R. Williams, J.N. Beveridge, D.G. Powell, R.L. Asher, R.E. Dunham, W.G. Gray, L.P. Hollis, C.R. Lowe, J.A. McEachern, and C.H. Wendel from T.F. Egan.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(hh) WRG-53
Report titled "Asbestos Fiber Concentrations in Air from Spray Fireproofing Operations using zonolite Products," July 13, 1970.
ANSWER
Subject to the General Objection interposed above, Grace-conn states yes.
(ii)
WRG-123
Memorandum dated October 25, 1971 to Tom Feit, C.H. Wondal, and Bob Randall from W.V. Culver re: Fireproofing Spec.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(jj) WRG-124 Minutes of Meeting of Plaster & Fireproofing Committee dated December 1 and 2, 1971.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(kk) WRG-62
Letter to E.R. Prevost from R.C. Ericson, January 4, 1972.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(11) WRG-63
Memo to H.A. Brown from H.A. Eschenbach, February 10, 1972.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(mm) WRG-64
Memo to T.L. Lyall from H.A. Eschenbach, May 5, 1972.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(nn) WRG-125 Memorandum dated June 14, 1972 to All Mono-Kote Plant Supts. from R.C. Ericson re: MK-4(67C).
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
(oo) WRG-126 Letter dated August 2, 1972 to J.H. Greer from Thomas P. Feit.
ANSWER
Subject to the General Objections interposed above, GraceConn states yes.
INTERROGATORY 3
Has W.R. Grace stipulated or agreed to the authenticity of any of the documents referenced in Interrogatory No. 1 with any person prior to the date of these Interrogatories? If so, please:
(a) identify the person(s) with whom this stipulation or agreement was reached,
(b) the date(s) of said stipulation or agreement, and
(c) identify the documents.
ANSWER 3
Grace-Conn objects to this interrogatory on the grounds that it is overly broad and unduly burdensome.
DATED
Respectfully submitted, W. R. Grace & Co. - Conn.
By its Attorney,
Mehaffy & Weber Interfirst Tower 2615 Calder Avenue P.O. Box 16 Beaumont, TX 77704 (409) 835-5011
CERTIFICATION
STATE OF NEW YORK COUNTY OF NEW YORK, SS.
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)
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Robert L. Romaine, being first duly sworn, on oath deposes and says he is Manager Finance 'and Control, Office of Environmental Policy of W. R- Grace & Co. - Conn., defendant in the above-entitled action; that he has read the foregoing answers to interrogatories and knows the contents thereof; that said answers were prepared by and with the assistance of employees and representatives of the corporation, with the assistance and advice of counsel, upon which he has relied; that the answers 5'1' forth he rein,' subject to inadvertent or undiscovered errors, are based on and therefore necessarily limited by the records and information still in existence, presently recollected and thus far discovered in the course of the preparation of these answers, that consequently W. R. Grace & Cc. - Conn, reserves the right tc make any changes in the answers i: it appears at any time that omissions or errors have been made therein or that more accurate information is available; and that subject to the limitations set forth herein the said answers are true to the best of His present knowledge, information and belief.
ROBERT L. ROMAINE
Subscribed and sworn to before me
this
day of
, 1990.
NOTARY PUBLIC
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing instrument was
^7served upon all interested counsel on this the
day
of 1990.
SANDRA F. CLARK