Document MMgoaMEqeK7vv8XLoLLD46dOz

IN THE COURT OF COMMON PLEAS BUTLER COUNTY, OHIO ROGER DALE BLAKE, ET AL. : Plaintiffs, : vs. : A-BEST PRODUCTS COMPANY, ET AL., : Defendants. : Case No. CV6 01 0191 (Hon. George Elliott) DEFENDANT RE. KRAMIG. INC.'S ANSWERS TO PLAINTIFFS' MASTERSETOF INTERROGATORIES GENERAL OBJECTIONS R.E. Kramig & Co., Inc. ("Kramig") objects to the Definitions and Instructions to the extent that they: (1) impose obligations not required by the Ohio Civil Rules; (2) call for the disclosure of attorney-client and work product privileged materials; (3) are not reasonably limited to a realistic (and germane) time period; and (4) call for the inclusion, review, disclosure or production of documents equally available to all parties. Kramig objects to these interrogatories to the extent that they seek a universal statement or impression from all agents, employees, officials, officers, etc. ofKramig. Kramig cannot reasonably be expected to recall statements, documents, representations or events which occurred so long ago. Kramig objects to the definition of "Defendant" to the extent that said definition includes subsidiaries, agents, servants, predecessors in interest, investigators, attorneys and persons who are not currently officers, executives or directors of Kramig. Despite these limitations, after reasonable search and inquiry, Kramig has made good faith responses to these interrogatories based upon what information is available and in keeping with the nature of these interrogatories. These responses are based on facts known or believed by Kramig at the time ofanswering these Interrogatories. Much ofthe information requested dates back many years and is difficult or impossible to reconstruct or retrieve. Kramig, therefore, reserves the right to amend these responses as appropriate. These general objections are to be read as a portion of each and every response herein. CORPORATENAME 1. For each Interrogatory below, please state the name and last known address of each person answering it, including whether he/she is employed by Defendant and if employed by Defendant includejob title, length oftime employed by Defendant and a year by year list ofall other positions, titles, or jobs held when working for Defendant. ANSWER: George Kulesza, President of Kramig, 1990-present; Treasurer/Chief Financial Officer, 1980-1990; Controller December 1977-1980. 1.1 Please identify all documents used, related to, or referred to in connection with the preparation of or answers to these Interrogatories and state the number of the Interrogatory and its subpart to each such document. 2- - ANSWER: None. 2. Please state whether or not Defendant is a corporation. If so, please state: Yes. (a) Your correct corporate name; R.E. Kramig & Co., Inc. (b) The state ofyour incorporation; Ohio (c) The address of your principal place ofbusiness; 323 S. Wayne Avenue, Cincinnati, Ohio 45215 (d) Your registered agent for service in the state ofOhio; George J. Kulesza (e) For each Defendant claiming that this Court lacks personal jurisdiction, list year by year the total amount of income received by the Defendant from entities in Ohio, any and all years that Defendant, as defined, has been licensed to do business in Ohio, and any real property owned at any time by Defendant or its present or past subsidiaries. Not applicable. 3. State Defendant's complete corporate or business history, including dates of incorporation, mergers, consolidations, reincorporations, and the like. Also provide historical information regarding all predecessors, prior names, asset purchases, acquisitions or spin-offs. In addition: a. if defendant or any ofits predecessors or subsidiaries at any time purchased, assumed, or in any other manner acquired ANY ofthe assets and/or liabilities 3- - of any corporation or entity at any prior time engaged in any aspect of the placing of asbestos containing products into the stream of commerce or the insuring of asbestos related risks, then please state the following as to each acquisition: b. the name or description of each corporation, entity or assets acquired by Defendant, that entity's state of incorporation and principal place ofbusiness, its date of in/corporation, and the name of Defendant at the time of acquisition; c. the manner by which each such corporation, entity or interest therein, was acquired (e.g., merger, consolidation, change ofname, stock sale, transfer or purchase of assets or product line); d. the date of each such acquisition; e. the state in which each such acquisition was effected; f. the state law governing each such acquisition if specified by contract; g. whether Defendant became legally responsible for the past torts of each such corporation or entity; h. identify each document reflecting or related to the history and/or transaction(s) set forth in answer to this Interrogatory. ANSWER; Kramig was incorporated on 6/16/34. The company was family-owned until 1988 when Robert Kramig and John Kramig sold the company to its employees. Kramig has not purchased the assets of any other companies, nor has it merged with any other companies. 4. Please state whether or not the Defendant has purchased, assumed, or in any other manner acquired any ofthe assets and/or liabilities ofany corporation or entity (such corporations or entities being limited to those engaged in the mining, selling, manufacturing, marketing or distribution of asbestos-containing products.) If so, please state the following: a. the name or description of each corporation, entity or assets acquired by Defendant, its state ofincorporation and principal place of business, its date of incorporation, and the name of Defendant at the time of acquisition; 4 - b. the manner by which each such corporation, entity, or interest therein, was acquired (e.g. merger, consolidation, change ofname, stock sale, transfer or purchase of assets or product line); c. the date of each such acquisition; d. the state in which each such acquisition was effected; e. the state law governing each such acquisition if specified by contract; f. whether Defendant became legally responsible for the past torts of each such corporation or entity; g. whether the acquisition concerned asbestos-containing products. ANSWER: No. 4.1 For each corporation, other than the answering defendant ("the entity"), that has at any time in the past been involved in the placing of asbestos containing products into the stream of commerce for which officers ofthe answering defendant's corporation have also served as officers, directors or served in any managerial position while employed by the answering defendant, state: a. the name of the entity involved in the placing of asbestos products into the stream of commerce; b. the manner in which the entity was involved in the placing of asbestos containing products into the stream of commerce (i.e., mining, milling, manufacturing, distributing, installing, rebranding, etc.); c. the specific products placed into the stream of commerce by the entity year by year and by brand or trade name; d. the name, positions and a brief description of the responsibilities of the person or persons serving the answering defendant and the entity simultaneously including the positions held with the entity and with the answering defendant. ANSWER: Not applicable. 5- - EVER SELL ASBESTOS 5. Has Defendant ever engaged in the mining, manufacturing, selling, marketing, installation or distribution of asbestos-containing products? If so, please state the following: ANSWER; Kramig sold and installed various asbestos-containing insulation products prior to 1971. Kramig has not sold or installed any asbestos-containing products for over twenty years and has no records which reflect any such sales or installation work. Kramig disposed of any such documents which would enable it to respond to this interrogatory as part of its normal document retention procedures and prior to being named a party to any asbestos litigation. Moreover, there are no employees presently at Kramig who participated in that work (a) The name ofthe company engaged in the activity (whether it is Defendant, Defendant's predecessor, or Defendant's subsidiary); R.E. Kramig & Co., Inc. (b) As to each product mined, manufactured, sold, marketed, installed or distributed, please state the following: 1. The trade or brand name. 2. Its identification number (model, serial number, etc.). 3. The time period it was manufactured, mined, marketed, distributed or sold. 4. Its physical description including color, general composition, and form. 5. A detailed description of its intended use and purpose. 6. A detailed description of the type package in which it was sold, listing the dates of each type ofpackage used, a physical description of the package, and a description of any printed material or trademarks that appeared thereon. 7. The percent of asbestos which it contained. 6- - 8. The percent of asbestos by asbestos type (amosite, crocidolite. tremoiite, anthophyilite). (c) The time period during which each ofthese products were on the market; (d) The material components/ingredients of each such product, giving specific or approximate percentage both by weight and by volume of each material component/ingredient (this interrogatory is not limited to the asbestos component ofthe product but seeks information as to the nature, weight and volume of non-asbestos ingredients, as well) of each such product; (e) How each of these asbestos-containing product can be distinguished from those of competitors; (f) A description ofthe physical appearance of such product; (g) A detailed description ofthe intended uses. ANSWER: b - g: Not known. 6. Does Defendant or any ofits subsidiary companies claim that any patent would cover any product listed in answer to Interrogatory No. 5? If so, please state the following: (a) The date of each patent; (b) The date same was issued; (c) The number of each patent application that is pending. ANSWER: Not known. 7. Have any ofthe products listed above in answer to Interrogatory No. 5 been altered in chemical composition since first being marketed? If so, please state the following: (a) The trade name of each such product; (b) The date each such product was altered; (c) The nature ofthe alteration; 7- - (d) The reason for the alteration. ANSWER; Kramig never "marketed" asbestos-containing insulation products. Moreover, to the best of its knowledge, Kramig never altered the chemical composition of the products it sold or installed. 8. Have any ofthe asbestos-containing products listed in response to Interrogatory No. 5 ever been marketed, distributed, packaged, labeled, and/or sold by any other company or business? If so, please state the following: (a) The name and address ofeach such company. (b) The names and address ofDefendant s distributors in Ohio and Illinois since 1940. (c) The date of each sale. (d) The name ofthe person at each location with whom you primarily dealt. (e) A list ofall asbestos-containing products that you sold to each location from 1945 to 1980. (f) The amount ofeach asbestos product sold to each location during this period. (g) Please identify all documents relating to this distributor for the particular location. ANSWER: Objection. Kramig objects to this interrogatoiy on the grounds that it is overly broad, vague and burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, the insulation products installed by Kramig were most certainly sold by the manufacturers of the products, their distributors and other installers. Kramig cannot possibly identify each and every company, as such information is not in its possession. 8.01 Has this defendant ever purchased asbestos containing products from any other defendant? ANSWER: Yes. 8- - 8.02 If the answer to the preceding Interrogatory is yes, please state the following: (a) name each defendant from whom this defendant purchased any asbestos containing product; (b) list each product purchased from each co-defendant; (c) list the dates of each purchase of asbestos-containing products from each co-defendant. ANSWER: The invoices and purchase orders reflecting the specific manufacturer or supplier ofthese products are no longer available. Accordingly, Kramig cannot specifically state which asbestos-containing products were purchased from co defendants. Kramig believes that it purchased asbestos-containing products from the following defendants: AC&S, Inc., A & I Company, Owen Corning Fiberglass Corp., Pittsburgh Corning, Inc. and Rapid American Corp., as successor in interest to Philip Carey Corp. 8.03 Has this defendant ever sold asbestos containing products to any other defendant? ANSWER: Not known. 8.04 If the answer to the preceding Interrogatory is yes, please state the following: (a) name each defendant to whom this defendant sold any asbestos containing product; (b) list each product sold to each co-defendant; (c) co-defendant. list the dates of each sale of asbestos-containing products to each ANSWER: Not applicable. 8.05 Has Defendant engaged in the manufacture and/or sale and/or distribution and/or marketing and/or supply and/or purchase and/or use of non-asbestos-containing products for use in connection with temperatures above 125 Fahrenheit since 1930. If so, please state: 9- - (a) the date such activity began; (b) the years during which such activity took place; (c) the date when such activity was terminated; (d) if such activity was terminated, the reason(s) why; (e) the geographical area into which you claim the product(s) were sold, purchased, or used; (f) identify the organizational unit of defendant so engaged; (g) the site(s) at which each such product was manufactured; (h) the material components ofeach such product, giving specific or approximate percentage both by weight and by volume of each material component of each such product; (I) the temperature ranges for which each produces) was intended to be used; Q) the product's generic name; (k) the product's trade or brand name; (l) the container in which the product was shipped (i.e., paper bags, cardboard boxes) including the size and amount ofthe container; (m) a description ofany logos, writing impressions or identifying markings which appeared on the product, as well as a description of the package used, the dates that type of package was used, and any logos, product names, trademarks, etc. which appeared on the package; (n) whether the words "non-asbestos" or "asbestos free" were used on the package; (o) a detailed description ofthe intended method ofpreparation and application ofthe product; (p) a description ofthe physical appearance ofthe product, including size, shape, color and texture. -10- ANSWER: Kramig objects to this interrogatory on the grounds that it is overly broad and burdensome and seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. Plaintiffs do not allege injury based on exposure to non-asbestos-containing products. Without waiving this objection, Kramig cannot respond to this interrogatory as it has not maintained sales records which date back to the 1930s. 8.06 Did Defendant ever market or distribute any asbestos-containing product manufactured in whole or in part by someone else? If so, please state the following for each such product: (a) the name and address ofthe manufacturer; (b) the product's trade and brand name; (c) the organizational unit of Defendant who did so; place; (d) date(s) beginning, ending and during which the marketing or distributing took (e) whether the product was distributed through the same channels as those used for products manufactured by Defendant, and ifnot, please explain the exact channels of distribution; (f) identify all documents relating the marketing or distribution. ANSWER: All of the asbestos-containing insulation products installed and sold by Kramig were manufactured by someone else. Kramig has never manufactured any asbestos-containing products. Kramig has not retained the sales records which would identify specific manufacturers, products, dates of sale, etc. 8.1 Does Defendant have reason to believe that any ofthe asbestos-containing products listed in response to Interrogatory No. 5 were used at any of the sites listed on Exhibit A, attached hereto. If your answer is "yes", please state: (a) The basis of your answer. -11- (b) Please state which of Defendant's asbestos-containing products listed in Interrogatory No. 5 were used at eachjob site listed on Exhibit A. ANSWER: Due to geographical areas served by Local No. 8 of the Asbestos Installation Union, Kramig did not install any asbestos-containing products at the sites listed on Exhibit A. 8.2 For each company or business that Defendant knows may have marketed, distributed, installed, and/or sold, those products listed in response to Interrogatory No. 5, please state the following as to each job site listed on Exhibit A. (a) The name and address of each such company; (b) The date of each sale from Defendant to such other company; (c) The name of the person at each other company with whom Defendant primarily dealt. (d) Names and quantities ofthe asbestos-containing products that you marketed, distributed, installed, and/or sold to each such company from 1950 to 1974. (e) Please identify all documents relating to the sales to each such company. ANSWER: Not applicable. 8.3 Ifyou do not know any business that may have marketed, distributed, installed, and/or sold the products listed in response to Interrogatory No. 5 to any ofthe job sites listed on Exhibit A, please state the names and last known addresses of those companies who Defendant knows marketed, distributed, installed and/or sold their asbestos-containing products in Ohio from 1950 to 1974. For each ofthose companies, please state the following: (a) Name and address of each such-company; (b) The dates of each sale from Defendant to such other company; -12- (c) The name of the person at each other company with whom Defendant primarily dealt; (d) The names of the asbestos-containing products that Defendant marketed, distributed, and/or sold to each such company from 1950 to 1974. ANSWER: Not applicable. 8.4 Does Defendant have records and/or any knowledge that reflects sales of their asbestos-containing products to any ofthe sites listed on Exhibit A, attached hereto? If so, please state the following as to each job site listed on Exhibit A: (a) The names and last known addresses ofthose people with such knowledge. (b) The location of such records, ANSWER: No. 9. Did Defendant or any of Defendant's distributors, as listed in response to Interrogatory Nos. 8.1,8.2, and/or 8.3 have sales representatives who specifically called on the sites listed on Exhibit A, attached hereto, from 1945 to 1975? If your response is yes, as to each site listed on Exhibit A, please state the following: (a) The name and last known address of each such representative and whether they are still employed by Defendant; (b) The period oftime they acted as your representative; (c) Their general responsibility as to each facility; (d) Whether that person is still alive; and (e) Any documents relating, referring or pertaining thereto. ANSWER: No. -13- 9.1 Identify all managers and sales personnel responsible for your sales or installation of any asbestos-containing products in Ohio from 1930 to the present and state their position, last known address and the local or regional office through which they were employed. ANSWER: Kramig has not retained personnel records from 1930 to 1971, when it stopped selling and installing asbestos-containing products. However, Kramig is aware that Robert Kramig was involved in Kramig's sales and installation of asbestoscontaining insulation products. He was the President of Kramig at the time he retired. Also, Gordon Ingram was involved in the material sales department. He retired from Kramig in the mid-1980s. Both men worked out of Kramig's Cincinnati office. Robert Kramig's last known address is 557 Woodbrook Lane, Cincinnati, OH 45215. Kramig does not have an address for Gordon Ingram, 10. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing products? If so, please state: (a) The name of each subdivision; (b) The full address of the home office and the date such subdivision or subsidiary was engaged in this contracting business; and (c) Whether said division or subsidiary conducted such business at any of the sites listed on Exhibit A, from 1940 to 1975? Ifso, please state the following as to each job site listed on Exhibit A: (1) The dates of such contracts; (2) The specific asbestos-containing products that were used ore removed in each contract. ANSWER: Insul-Craft, Inc., 323 S. Wayne Avenue, Cincinnati, Ohio 45215. Insul-Craft was not incorporated until 4/17/86 and therefore obviously conducted no business at any of the sites listed in Exhibit A from 1940 to 1975. 11. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing refractory? If so, please give the name of each -14- subdivision, the full address of the home office and the date such subdivision or subsidiary was engaged in this contracting business. ANSWER: No. 12. Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 5 have been manufactured and/or assembled and the dates said plants have been in operation. ANSWER: Unknown, since Kramig did not manufacture the insulation products. 13. Has Defendant, at any time, entered into a "rebranding" agreement with any other company, either as a buyer or a seller, concerning any asbestos-containing products and/or materials? If so, please state: (a) The name of the company manufacturing the asbestos products under such agreement; (b) The trade name affixed to such products; (c) The periods oftime covered by each such agreement; (d) The volume (in dollars amounts) of each such transaction; (e) The purchaser of such products; (f) Does Defendant currently have in its possession any of the writings or contracts concerning such rebranding agreement? ANSWER: No. -15- 13.1 Have you ever owned or operated a business or portion thereof which engaged in construction, erection or tear out of furnaces, pipes, boilers, turbines, lehrs, ovens, kilns, etc? If so, please state: (a) the same of said business; (b) the date of commencing business and cessation ofbusiness, if applicable; (c) type of construction or tear out performed; (d) state whether said business installed or supplied asbestos-containing products on the furnaces, pipes, boilers, turbines, lehrs, etc., i.e., gaskets, pipecovering, block, cement, rope, cloth, clothes, etc., containing asbestos, asbestos pipe, board, etc.; (e) state the trade name and/or manufacturer of any asbestos-containing product which you installed or supplied to any site on Exhibit A. (f) provide the dates for the applicable construction, installation or tearout project. ANSWER: No. 13.2 Do you have within your custody, possession, or control any packages that presently or formerly packaged asbestos-containing products or were produced for the purpose of packaging asbestos-containing products contemporaneous with your manufacture sale or distribution of such asbestos-containing products? If so, provide the following: (a) a description of each such package; (b) the present location and custodian of each such package; (c) the date or approximate date on which each such package was produced. ANSWER: No. -16- INFORMATION ABOUT DESIGN/TESTING 14. What is the name, address and job title of each individual who participated in the design and preparation ofmanufacturing specifications for each such product listed above in answer to Interrogatory No. 5? ANSWER; Kramig did not manufacture any of the insulation products it installed and therefore did not participate in the design and preparation of manufacturing specifications. 15. As to each product listed in response to Interrogatory No. 5, please describe how each product was to be cut, shaped, scribed, mixed and applied on the job. (In answering this question, give particular reference as to whether or not the materials were to be sawed or cut on the job, blown into confined areas, mixed with water in a cement or paste.) ANSWER; Not known. 16.- Based upon the material contents ofthe asbestos-containing products, the method of manufacturing, and the method ofapplication, please state which products listed in Interrogatory No. 5 could be applied by a worker without creating dust. ANSWER; Not known. 17. Do any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character now exist relating to the design and preparation of the products listed in answer to Interrogatory No. 5? If so, please: (a) List each such written material or document; -17- (b) Identify the person or persons presently in possession ofeach such document; (c) State where each such document is located. ANSWER: No. 18. Prior to releasing the products listed in Interrogatory No. 5 for sale and usage, were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: (a) The name of the products tested and the date of each test. (b) The name, address, and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER: Kramig has not performed any such teste on the insulation products it installed. 18.1 Prior to releasing any products for sale and usage (whether asbestos-containing or not), were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: (a) The name of the products tested and the date of each test. (b) The name, address, and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER: Kramig has not performed any such teste on the insulation products it installed. -18- 19. Does Defendant have or control any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character relating to the testing ofthe products listed in Interrogatory No. 5 hereinabove? (a) Identify each such written material or document; (b) Identify each person who presently has possession of each such document; (c) State where each such document is located. ANSWER: No. 20. Were any design changes or modifications made as a result of such tests listed in answer to Interrogatory No. 18 hereinabove? If so, please state: (a) The trade name ofthe product changed or modified; (b) The nature ofthe change made and the date ofsuch changes or modifications; (c) The name, address, and job classification of each person in charge of making a change. ANSWER: Not applicable. 21. After releasing for sale, distribution or marketing the products listed in answer to Interrogatory No. 5, did Defendant conduct any tests (either on animals or humans) to determine potential health hazards involved in the use of said materials and/or products? (a) The names of the products tested and the dates of said tests; (b) The name, address, and job classification of each person and/or agency conducting said tests; (c) The results of said tests; -19- (d) Whether, as a result of any tests conducted, any products were removed from the market; (e) The names ofall products removed from the market as a result of said tests. ANSWER: No. 22. Has Defendant ever conducted or caused to be conducted any studies concerning the effects ofthe inhalation of asbestos dust and/or fibers on workers or other persons applying, using and/or working around any ofthe asbestos products manufactured, sold, distributed and/or relabelled for distribution by you or your predecessor? If so, please state: (a) The dates and nature of such studies; (b) The names and addresses ofpersons conducting such studies; (c) The purpose of such studies; (d) Identify and list those persons to whom such reports were given and the date. of such dissemination; (e) State any publication or other written dissemination of the results of such studies; (f) State the nature of any action to eliminate or minimize the inhalation of asbestos dust fibers; and (g) Attach a copy of reports based upon such studies. ANSWER: No. 23. Before placing in the market the asbestos-containing products that Defendant, mined, manufactured, sold, marketed, installed or distributed on the market, did Defendant make or cause -20- to be made, any studies to determine whether their asbestos-containing products would be hazardous to people? If so, please state: (a) The date of said studies; (b) What studies were done; and (c) The titles of each study. ANSWER: No. 24. Please state whether or not Defendant ever conducted or caused to be conducted any tests in the field (where asbestos-containing products were applied, removed or utilized) to determine the nature and extent of asbestos dust and/or fiber exposure to insulators, applicators, fellow employees, or other workers removing and/or tearing out asbestos-containing products, and/or other workers in the vicinity thereof? If so, please identify: (a) The date, place and nature ofeach and every test; (b) The particular asbestos-containing products to which each test applied; (c) The results of each test with particular reference to the number of asbestos fibers per cubic centimeter of air found at each site; and (d) The persons to whom the results said tests were given and the date of such dissemination. ANSWER: No. 25. Please state whether or not Defendant ever obtained any knowledge concerning the likelihood of asbestos being hazardous to human health. If so, please state: (a) When Defendant first became aware of the hazardous potential of asbestos dust and asbestos fibers; -21- (b) The manner in which the Defendant, Defendant's predecessor, or Defendant's subsidiary companies first obtained this knowledge and became aware ofsaid hazards and from what source this information was obtained; (c) What information was disseminated within Defendant's company, or its subsidiary or predecessor regarding such adverse consequences or effects; (d) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form. (e) The name, address and job classification of the custodian of such information. ANSWER; Kramig objects to this interrogatory to the extent that it requires an evaluation of each employee's and officer's state of knowledge regarding the potential hazards of asbestos over at least a thirty-year period. Such information is not available to Kramig. Without waiving that objection, Kramig responds that it became generally aware that asbestos may be hazardous to human health in approximately 1969, as a result ofgeneral talk in the industry. Kramig does not know whether any information regarding such hazards was distributed throughout the company, as it has disposed of its business records from the 1960s and 1970s as part of its regular document retention procedures. 26. Please state when Defendant first became aware ofthe possible association between inhalation of asbestos dust and/or fibers and the contraction of asbestosis and cancers including, but not limited to gastrointestinal cancer, laryngeal cancer, renal cancer, lymphoma, lung cancer and mesothelioma. As to each disease or condition, please state the source ofthat information, including a description of all tests conducted relative to the possibility of such a relationship. ANSWER; Kramig incorporates the* objections set forth in Interrogatory No. 25 above. Kramig is not sure that it ever became aware of a link between inhalation of asbestos and any specific diseases. As indicated above, Kramig became aware ofa general potential hazard involving asbestos approximately in 1969. Kramig does not possess any documents which may have been a source of such information in the 1960s and 1970s. -22- 27. Please identify all physicians, industrial hygienists, and other employees (including their names and addresses) who were employed, retained or otherwise engaged by Defendant for research, investigation or study concerning asbestos or asbestos-related diseases. ANSWER: Kramig has not retained any such personnel. 28. As to each person who acted in a medical advisory capacity (as it relates in any way to asbestos) to Defendant, please list their name, the date individual acted in this capacity, and that person's current address and job title. ANSWER: Not applicable. 29. Please state if any medical officer or industrial hygienist or medical consultant ever made at any time any recommendations and/or suggestions to Defendant pertaining to the risks or hazards to persons involved in the manufacture or use of asbestos products and, if so, please state when, by whom or to whom such recommendations and/or suggestions were made and the substance of each recommendation. ANSWER: Unknown. 3 0. Please state the scientific and/or medical periodicals to which Defendant, its medical department, research department, industrial hygiene divisions, engineering department or consulting physicians subscribed between 1945 and 1975. ANSWER: Unknown. -23- 30.1 Please state whether Defendant, its medical officer or industrial hygienist or medical consultant or physicians were ever involved in testing or received literature or correspondence from the Mellon Institute. ANSWER: Not to Kramig's knowledge. 30.2 Has any engineer, industrial hygienist or physician in your employ been a member in any professional group, trade group or any ofthe following groups: Asbestos Textile Institute National Insulation Manufacturers Association Thermal Insulation Manufacturers Association Quebec Asbestos Mining Association Asbestos Information Association Industrial Health Foundation Industrial Hygiene Foundation Iron and Steel Institute National Safety Counsel Refractories Institute Air Hygiene Foundation of America, Inc. Sprayed Mineral Fiber Association If the answer is yes, state the following: (a) The name of the group or groups in which the individual(s) were members; (b) The name and position individual(s) within the Defendant, as defined, who were members; (c) The years the individual(s) were members ofthe groups; (d) Whether the Defendant paid the individuals) dues or membership fees or reimbursed the individual(s) for dues or membership fees in the group. ANSWER: Not to Kramig's knowledge. -24- 31. State in detail what test, if any. Defendant ever made with regard to the quantity, quality, or threshold limit values of asbestos dust, fibers or particles to which workers were exposed while using, working with and/or around, installing and/or applying your asbestos-containing products. ANSWER: None. 32. For each test described in Interrogatory No. 3 1, please give the name of the person conducting the test, the date of the test, and attach true copies of any documents, including but not limited to, reports, findings or memoranda concerning such tests or studies. ANSWER: Not applicable. 33. Please state the year that Defendant was first advised ofeither threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of Governmental Industrial Hygienists and state the name of the employee/official of the company receiving such advice. ANSWER: Kramig objects to this interrogatory as it cannot presently ascertain the extent of knowledge, if any, that its officers or executives may have had about articles or literature at any given period, particularly as Plaintiffs have not provided copies of the studies referenced in this interrogatory. Without waiving this objection, Kramig states that it is currently unaware ofwhen, if ever, the abovereferenced studies, were presented to its officers or executives. 33.1 State whether this defendant at any time caused to be conducted on any job site, any air sampling, dust counts, tests or other activities to determine air quality or worker safety. If your answer is in the affirmative, please indicate: (a) the date of any such air samples, tests, or activities; -25- (b) by whom such activities were performed; (c) where such activities were performed; (d) the results of any such activities. ANSWER: Aside from any tests which may have been conducted by OSHA, Kramig is not aware of any such tests that it caused to be conducted. 34. Does Defendant maintain a library dealing with industrial hygiene, medicine, safety and engineering and/or research? If so, state: (a) The date each such library was established; (b) The location of each library; (c) The name(s) of the librarian(s) since 1930; (d) List alljournals subscribed to by you concerning asbestos, industrial hygiene, medicine, safety, and/or engineering; (e) List all books and articles dealing with asbestos and asbestos-related diseases and the date acquired. ANSWER: No. 35. Did Defendant in the 1920's or 1930's commission, or participate in the arrangements with Metropolitan Life Insurance Company for studies at the Trudeau Foundation at Saranac Lake, New York, concerning the effect of inhalation or ingestion of asbestos fibers upon human and/or animal bodies. ANSWER: No. 36. When was Defendant first aware of reports of studies of the Trudeau Foundation at Saranac Lake, New York, entitled "Effects of die Inhalation of Asbestos Dust in the Lungs of -26- Asbestos Workers" by AJ. Lanza, Assistant Medical Director published in the J. Public Health Report, Vol. 50, No. 1, dated January 4,1935 ("Lanza Report")? ANSWER; Kramig objects to this interrogatory as it cannot presently ascertain the extent of knowledge, if any, that its officers or executives may have had about articles or literature at any given period, particularly as Plaintiffs have not provided copies of the studies referenced in this interrogatory. Without waiving this objection, Kramig states that it is currently unaware ofwhen, if ever, the abovereferenced studies, were presented to its officers or executives. 36.1 Did you ever contract with Saranac Laboratories to study the hazards of any dust producing product manufactured by you (whether asbestos containing or not)? Ifso, identify by date and author all documents concerning or any way related to such study. ANSWER: Kramig has never manufactured insulation products. Notwithstanding that fact, Kramig never entered into any such contract. 36.2 Did you ever contract with Saranac Laboratories to analyze dust or products? If so, identify by date and author all documents concerning or any way related to such analysis. ANSWER: No. 37. Please state whether the Defendant at any time has been a member of any "trade organization" or "trade association" composed by other manufacturers, miners, distributors, and/or sellers of asbestos-containing products and, if so, please identify the name and address of each such association or organization, the dates of membership, and the names of any publications issued or written by such association or organization. ANSWER: Kramig objects to this interrogatory on the grounds that it is vague, overly broad and burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Kramig has had a company membership in the National Insulation Association ("NIA"). However, NIA is not comprised of manufactures, installers or sellers of asbestoscontaining insulation products, but insulation generally. Kramig is unaware how long it has been a member of NIA, but it has been at least since 1977. -27- 38. With respect to each trade organization or association listed in answer to Interrogatory No. 37, please state whether the minutes of the group's meetings and any correspondence between the members of such groups concerning the hazards of asbestos exposure are available. ANSWER: No. 39. Please identify by name the technical and trade association periodicals to which the Defendant subscribed, and state whether Defendant had knowledge ofany articles being printed, or withheld from printing, in said periodicals pertaining to the potential hazards of asbestos. If so, please state the following: (a) The title of each such article; (b) The periodical in which each such article was published; (c) The date each such article was published; (d) A detailed explanation of the reason for withholding any such article for printing; (e) Produce documentation which refers, alludes or mentions articles which were withheld for publication. ANSWER: Kramig incorporates the objections set forth in the answer to Interrogatory No. 37. Without waiving those objections, Kramig states that it receives a monthly publication from NIA. However, Kramig retains those publications only for several months, and is not aware of any article dealing with the potential hazards of asbestos. 40. Please state whether, prior to 1975, the Defendant sponsored, or attended any meeting, seminar, conference, convention or legislative hearing where the subject of occupational -28- health and exposure to asbestos was discussed and. if so, please state the date and place of such meeting and the name and address of any speakers or participants. ANSWER: Kramig objects to this interrogatory to the extent that its seeks information relating to the activities of each and every employee, officer and executive of Kramig since its incorporation in 1934. Without waiving that objection, Kramig is not aware of any such meetings. WARNINGS/SALES PROMOTION 41. As to each product listed in response to Interrogatory No. 5, please state whether Defendant, at any time, published and/or distributed any printed materials, including but not limited to brochures, pamphlets, catalogs, packaging or other written materials ofany kind or character that contain any warnings, cautions, caveats or directions concerning the possible health effects of the products on a person. If so, please state as to each product: (a) The name of each relevant product; (b) The wording of each such warning; (c) A description of each such printed material; (d) The method used to distribute the warning to persons who are likely to use the products; (e) The date each such warning was issued; (f) Whether any warning accompanied any ofyour asbestos-containing products' sales literature, handout or pamphlets; (g) Please attach a copy of the warning and date said warning was issued; (h) The name, address, and job classification of each person who presently has possession ofthe above-described documents; -29- (I) The name or names and addresses of the company who provided, produced, or manufactured the boxes or containers on which the warning appeared and dates these boxes with the warnings appeared. ANSWER: Kramig is not aware of any such materials which it created. Kramig presently does not know whether it ever distributed any such materials prepared by a manufacturer of insulation products. 42. Has sales material been prepared by Defendant or its agents for purposes ofmarketing or advertising the asbestos products listed in answer to Inteffogatory No. 5? If so, please state: (a) The name and address ofeach person or entity who prepared same; (b) The name, address and job title of each person who presently has possession of same; (c) The date same was prepared; (d) The media used to disseminate the sales material. ANSWER: Not to Kramig's knowledge. 43. Has any written material of any kind or character been prepared by Defendant, Defendant's predecessor or any ofDefendant's subsidiary companies or their agents indicating how the products listed in answer to Interrogatoiy No. 5 should be used or maintained by the ultimate user or those working in facilities or at job sites where the product was used, installed or removed, including, but not limited to, those sites listed on the job site list attached as Exhibit A. If so, please state the following: (a) The name, address and job classification ofeach person who prepared same; (b) The name, address and job classification of each person who presently has possession of same; -30- (c) The dates and manner in which said material was distributed to purchasers of the products in answer to Interrogatory No. 5. ANSWER: Not to Kramig's knowledge. 44. Was any written material of any kind prepared by Defendant and distributed to those individuals listed in response to Interrogatory No. 9? If so, please state the following: (a) Identify the written material by content and date; (b) To whom was it delivered. ANSWER: Not applicable. 45. Does Defendant contend that asbestos-containing products can be manufactured so as to eliminate all potential health hazards to persons working with or around, installing or applying same? If so, please state the following: (a) The date that Defendant first determined that another product could be used in place of asbestos; (b) The chemical ofthe substitute; (c) Whether the substitute is suitable for the purpose for which they are to be used; (d) Whether Defendant used the substitute for asbestos to 1971; (e) Whether Defendant ever used the substitute for asbestos for high or low heat insulation. ANSWER: Unknown. 46. Did Defendant give any warnings to any individuals at the sites listed on Exhibit A, including any individuals who owned, operated, or managed the facilities at the sites listed on -31- Exhibit A, regarding the potential health hazards ofany product listed in response to Interrogatory No. 5. Ifyes, please state: (a) Name of person most knowledgeable about this communication. (b) Name of person at the sites listed on Exhibit 1, attached hereto most knowledgeable about this communication. (c) Dates of each communication. (d) Contents ofeach communication. ANSWER: Not applicable, since Kramig never performed work at the sites listed in Exhibit A. KNOWLEDGE OF PREVIOUS INJURIES 47. Did any person prior to 1970, file a claim against any Workers' Compensation carrier covering Defendant alleging that he or she contracted a disease as a result of exposure to asbestos? If so, please state the following: (a) A list of each such claim .by claimant's name, date filed, the caption and jurisdiction involved; (b) The disease alleged in each such claim; (c) A brief summary or the disposition of each such claim; and (d) The name, address and job classification of the person or persons having custody ofthe records pertaining to each such claim. ANSWER: To the best of Kramig's knowledge, no. -32. 47.1 Please identify all documents concerning or in any way related to any decisions made by you to cease manufacturing asbestos-containing products. ANSWER: None. 47.2 Has any person or company from which you purchased asbestos containing products ever issued a recall oftheir products or taken any action to take those products offthe market after said products were in your possession? If so, provide: (a) the date of said recall; (b) the name of the company which issued the recall; (c) a copy ofthe recall. ANSWER: Kramig is currently unaware of any such recall. 47.3 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk of occupational disease or pneumoconiosis to those at any time engaged in the manufacture or production of asbestos-containing products. ANSWER: Objection. Kramig has never manufactured asbestos-containing products. 47.4 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk of occupational disease or pneumoconiosis to those at any time engaged in the use, as distinguished from the manufacture, or exposed to the use of asbestos-containing or industrial insulation products or who were otherwise exposed to asbestos-containing or industrial insulation products. -33- (a) describe such action; (b) state when such action was taken; (c) state what written material exists related to such action; (d) state the names, job titles and last known address of the individuals who undertook such actions. ANSWER: In addition to ventilating work sites, 3-M and full-face cartridge masks have been used during the insulation installation process. 48. Did Defendant receive notice prior to 1968 that any person was claiming injury as a result ofusing asbestos products manufactured, sold, installed, and/or distributed by Defendant? If so, please state: (a) The name and address of each claimant; (b) The date of notice of each claim; (c) A description ofthe claim; (d) The type of injuries allegedly sustained; (e) The name and address of each attorney representing the individuals making such claims; (f) The style and court number of each such claim; (g) The resolution of each claim. ANSWER: No. 48.1 Describe the method by which you have maintained records concerning the manufacturer, sale, supply, distribution, use, advertising, delivery and/or installation or tear-out of each of asbestos-containing products. For each description provide the following: -34- (a) each present and former company or corporate department, division or subdivision responsible for maintaining such records; (b) the manner in which the records are kept (e.g., boxes, computer tape, microfilm, etc.); (c) the inclusive dates ofany such manufacturer, sale, supply, distribution, use, advertising, delivery, and/or installation or tear-out which such record keeping system covers; (d) the present location at which all such records are maintained; (e) the identity of each person employed by you at any time from 1930 to the present who is or was responsible for the collection and maintenance of such records. ANSWER: Kramig has not retained any documents regarding its sales and installation work prior to 1971, when it ceased selling and installing asbestos-containing products. 48.2 State whether any records concerning the manufacture, sale, supply, distribution, advertising, delivery, use or installation or tear-out of asbestos-containing products have been destroyed or discarded and if so, indicate: (a) the date and location of such destruction or discard; (b) the custodian and location ofsuch records prior to their destruction or discard and the identity of each employee, representative, official or agent who ordered, authorized or supervised such destruction or discard. ANSWER: Kramig destroyed its business records as part of its normal document retention program, prior to the time it ever received notice of a claim arising out of exposure to asbestos-containing products. Kramig generally retains sales and other business records for six years. Kramig does not know the identity of the employees who supervised that policy since 1934. 48.3 For all documents, other than invoices, work orders and/or purchase orders, which relate to matters relevant to the all the preceding interrogatories: -35- (a) Is there any kind of index for the documents? (b) How many pages is the index ofdocuments? (c) How many documents are referred to in the index? (d) Is the index maintained in electronic format (i.e. database, word processing or other computerized format)? (e) What manner of electronic format is used? ANSWER: There are no such documents. 48.4 For all invoices, work orders and/or purchase orders, which relate to matters relevant to the all the preceding interrogatories: (a) Is there any kind of index for the documents? (b) How many pages is the index of documents? (c) How many documents are referred to in the index? (d) Is the index maintained in electronic format (i.e. database, word processing or other computerized format)? (e) What manner of electronic format is used? ANSWER: There are no such documents. PLAINTIFF/DECEDENT 49. Has Defendant obtained statement from any witnesses including the Plaintiffs? If so, please: (a) list each witness who has given a statement and the name, address, and job title of each person having custody of any such statement. -36- ANSWER: No. 50. Do you contend that the Plaintifi/Decedent improperly used those products listed in response to Interrogatory No. 5? If so, please set out in detail in what respect the product was improperly used. ANSWER: Not applicable. 51. As to the sites listed on Exhibit A, and as to each Plaintifi/Decedent, please state whether Defendant contends that there was any substance other than asbestos which contributed or caused Plaintiff/Decedent's injuries. If your answer is yes, please state the following: (a) The facts upon which you rely; (b) The identity of the sources upon which you rely which substantiate these facts. ANSWER: Not applicable. RESPIRATORS 52. Would any respirator, mask or other breathing devices prevent inhalation of the asbestos dust and fibers contained in products listed in answer to Interrogatory No. 5? If so, state: (a) When the respirator was sold; (b) A detailed description ofsuch respirator or other breathing devices, including name of manufacturer and model number; (c) The basis ofyour claim that such respirators or other breathing devices will prevent the inhalation of such dust and fibers; -37- (d) Identify any tests performed regarding the efficaciousness of such respirators and other breathing devices in preventing the inhalation of asbestos dust and fibers including date, title, author and number; (e) List all documents which mention, allude or refer to tests performed on breathing devices which prevented the inhalation of asbestos dust and/or fibers. ANSWER: Kramig believes that the use of respirators or masks may help to prevent inhalation of asbestos dust and fibers. Kramig does not possess specific information to respond to subsections (a) - (e). 53. Does Defendant expect to call expert witnesses at the trial of this case? If so, please state the following: (a) Their identity, last known address; (b) The subject matter on which the expert is expected to testify; (c) The expert's specific conclusion and specific opinions and the specific basis therefore; (d) The expert's qualifications to render the opinions set forth above; (e) Whether any person identified in sub-paragraph (a) above has provided a report or other documentation to you, and if so, identify such document or report; (f) Identify all documents that you have provided to each person identified in response to sub-paragraph (a) above; and (g) Describe in detail the education and work history of, and identify any books, treaties, article, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to sub-paragraph (a) above. Alternatively, in lieu, of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answer. ANSWER: Not at this time. -38- 54. Please state the name and last know address of each expert witness who is not retained or employed for that purpose who is an employee of Defendant and will render an opinion within his expertise at the time of trial. ANSWER: Unknown at the present time. 55. Does Defendant admit that service ofprocess was properly had on it in these cases? If not, please state why. ANSWER: Yes. 55.1 For each and every affirmative defense asserted in the answering defendants Answer to Plaintiffs' Complaint, the Cross-Claims or Counter-Claims of any party against this answering defendant state: (a) the facts upon which the answering defendant relies for each and every affirmative defense; (b) each and every document which will be offered to prove each and every affirmative defense; and (c) each and every witness who will testify in support of each and every affirmative defense. (d) the substance and subject matter ofthe anticipated testimony of each witness identified in the preceding response. ANSWER: Objection. This interrogatory seeks information which is protected by the attorney-client and work-product privileges. Without waiving this objection, the facts supporting Kramig's defense are set forth in the answers to these interrogatories. Specifically, Kramig never sold or installed any asbestoscontaining products at the sites at issue in this lawsuit. -39- 56. Does Defendant have policies ofinsurance that might cover the claims that have been made by the Plaintiffs herein? (a) If so, please list the name of each insurance carrier who may have coverage, the amount of such coverage, and the dates of each such policv. ANSWER; Objection. R.E. Kramig objects to this interrogatory on the grounds that said policies have been previously produced to Plaintiffs' counsel in the Brunner case. 56.1 Have you ever been involved in any litigation concerning potential insurance coverage .for asbestos products liability matters? If so, please state: (a) the case caption, court and date offiling ofeach case in which you have been involved; (b) whether you were plaintiffor defendant; (c) a brief statement ofthe issues; (d) identify by date, author and recipient(s), (including recipients of carbon copies) all documents listed as exhibits by either party in this litigation; (e) identify by deponent and date all individuals who were deposed in these cases; (f) identify by date, author and recipient(s) all documents that have been placed on a protective order in such litigation: (g) identify all expert witnesses retained for use at trial in any of the above litigation by name, address and telephone number. ANSWER: No. 57. Please state the name and address ofeach person who has knowledge ofrelevant facts regarding claims and defenses of this lawsuit. -40- ANSWER: Objection. R.E. Kramig objects to this interrogatory on the grounds it is (i) vague and ambiguous; (ii) incomprehensible in form, and (iii) overtly global. 58. State the last date that this Defendant sold, distributed, manufactured, installed, and/or otherwise placed asbestos-containing products into the stream of commerce. ANSWER: 1971. Respectfully submitted, Christopher M. Bechhold (0014184) Renee S. Filiatraut (0041085) THOMPSON HINE & FLORY LLP 312 Walnut, Suite 1400 Cincinnati, OH 45202 (513) 352-6700 Attorneys for Defendant R.E. Kramig & Company, Inc. -41- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been sent to counsel for plaintiffs Steven D. Wolens, Baron & Budd, The Centrum, Suite 1100,3102 Oak Lawn Avenue, Dallas, TX 75219, and Andrew Lipton, Manley, Burke, Lipton & Cook, 225 West Court Street, Cincinnati, Ohio 45202 by ordinary U.S. Mail, postage prepaid, this the fjfday of August, 1997, (LlOL Renee S. Filiatraut S:\SHARElstaff\BONNETTE\Kramig Answers to Master Set Interrogs.wpd -42- EXHIBITS BARON &BUDD SITE LIST Anchor Hocking Glass, Lancaster, OH Anchor Hocking Glass, Plant One, Lancaster, OH Anchor Hocking Glass, Plant Two, Lancaster, OH Armco Steel, Ashland, KY Armco Steel, Hamilton, OH Armco Steel, Houston, TX Armco Steel, Middletown, OH Armco Steel, Muskingham County, OH Armco Steel, Washington Courthouse, OH Babcock & Wilcox, Canton, OH BlawKnox Corp., Wheeling, WV Buckeye Steel, Columbus, OH Cardinal PS/Brilliant PS/Tided PS, Brilliant, OH Centre Foundry, Wheeling, WV Champion Paper, Hamilton, OH Contours, Inc., Orrville, OH Cooper Tire, Findley, OH Dayton Walther, Portsmouth, OH Harrison PS, Shinnston, WV Ideal Foundry, Newton Falls, OH Jones & Laughlin Steel, Youngstown, OH Jones & Laughlin Steel, Cleveland, OH LTV Steel, Cleveland, OH LTV Steel, Jennings Road, Cleveland, OH LTV Steel, East 45th Street, Cleveland, OH LTV Steel, Campbell Road, Cleveland, OH LTV Steel, West third Street, Cleveland, OH LTV Steel, Massillon, OH LTV Steel, Warren, OH LTV Steel, Youngstown, OH LTV Steel Briar Hill Works, Youngstown, OH LTV Steel Campbell Works, Youngstown, OH Lucans Steel, Massillon, OH Martin Marietta, Woodville, OH McComber Steel, Canton, OH Meade Paper, Chilicothe, OH Republic Engineered Steel Inc. (RESI), Canton, OH Republic Steel, Canton, OH -43- Republic Steel, Eighth Street Plant, Canton, OH Republic Steel, Plant A, Canton, OH Republic Steel, Plant B, Canton, OH Republic Steel, 3 Shop, Canton, OH Republic Steel, 4 Shop, Canton, OH Republic Steel, Berger Plant, Canton, OH Republic Steel, Culvert Division, Canton, OH Republic Steel, Stark Divsion, Canton, OH Republic Steel, Cleveland, OH Republic Steel, Massillon, OH Republic Steel, Union Drawn Steel, Massillon, OH Republic Steel, South Division, Massillon, OH Republic Steel, Warren, OH Republic Steel, Youngstown, OH The Timken Company, aka Timken Roller Bearing, Canton, OH The Timken Company, aka Timken Roller Bearing, Navarre Road SW, Canton, OH The Timken Company, aka Timken Roller Bearing, Dueber Avenue, Canton, OH U.S. Rubber, Clinton, OH U.S. Steel, Canton, OH U.S. Steel, Clairton, PA U.S. Steel, McDonald Works, Youngstown, OH U.S. Steel, Ohio Works, Youngstown, OH U.S. Steel, Homestead, PA Washington Steel, Massillon, OH Weirton Steel, Weirton, WV Wheeling-Pitt Steel, Allenport, PA Wheeling-Pitt Steel, Beechbottom, WV Wheeling-Pitt Steel, Benwood, WV Wheeling-Pitt Steel, Yorkville, OH Wheeling-Pitt Steel, Martins Ferry, OH Wheeling-Pitt Steel, South Plant (Mingo Junction) Wheeling-Pitt Steel, East Plant (Follansbee, NW) Wheeling-Pitt Steel, North Plant (Steubenville) Wheeling-Pitt Steel, Monessen, PA Youngstown Sheet & Tube, Youngstown, OH yERIHCAIION STATE OF OHIO ) ) ss COUNTY OF HAMILTON ) Comes now George Kulesza, who, first having been duly cautioned and sworn, deposes and states that he is President of R.E. Kramig & Co., Inc., a defendant herein, and that he verifies the foregoing answers to interrogatories for and on behalf of R.E. Kramig & Co., Inc. and is duly authorized so to do; that each and every of the matters stated therein are not within the personal knowledge of affiant, but that affiant is informed, upon information and belief, that the foregoing responses are true. Subscribed and sworn to before me thisH~Vn day of , 1997. lyliv / ANGELAS. DQUTHITT Notary Public, State of Ohio My Commission Expires Jan. 31,2001