Document MMyw5B622GMZ47Dm6DXXyevRV
NO 91--07713--K
LARRY HcKZVER; FRANK ELLIS;
S IN THE DISTRICT COURT OF
GILBERT BORO; THOMAS LOFTU8;
s
KATHLEEN SWIGART, Individually s
and as Parsonal Representativs s
of the Hairs and Estata of
s
HOWARD SWIGART/ Deceased; ROMAN ZIMMERMAN; SAM PLACE;
ss DALLAS COUNTY, TEXAS
RUTH EDWARDS, and JEFFREY D.
s
EDWARDS, Individually and as
s
Personal Representative of
s
the Heirs and Estate of GEORGE
EDWARDS, Deceased; and ROBERT s
HUNT,
s
s
Plaintiffs,
s
s
versus
s
s
ARMSTRONG WORLD INDUSTRIES,
s
INC*, et al*,
s
s
Defendants.
s 192ND JUDICIAL DISTRICT
DEFENDANT UNITED STATES GYPSUM COMPANY'S ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATORIES
To: Roman Zimmerman, Plaintiff, by and through his attorney of record, Mr. Russell W. Budd, Baron & Budd, P.C., The Centrum, 3102 Oak Lawn Ave., Ste. 1100, Dallas, TX 75219.
COMES NOW, UNITED STATES GYPSUM COMPANY, Defendant in the
above-entitled and numbered cause, and files the attached Answers
and Objections to Plaintiffs' Interrogatories.
Respectfully submitted,
DeHAY & ELLISTON, L.L.P. 1500 Maxus Energy Tower 717 North Harwood Street Dallas, Texas 75201-6508 Telephone: (214) 953-5454 Telefax : (214) 953-5455
PEFENPAST'S ANSWERS TO INTERROGATORIES F:\ASB3\USGMCKIVER.ROC
PAGE 1
COUNSEL FOR DEFENDANT UNITED STATES GYPSUM COMPANY
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to counsel for Plaintiffs, Mr. Russell W. Budd, Baron & Budd, P.C., The Centrum, 3102 Oak Lawn Ave., Ste. 1100, Dallas, TX 75219, by Certified Mail, return
receipt requested, on this /X day of AMt/ji, 1994.
riD H. CROWE
DEFENDANT * S ANSWERS TO INTERROGATORIES Fi\ASB3\USGMCKXVBR.ROC
PAGE 2
PREFATORY STAT! United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its responses to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of qommercial asbestos used as part of the formulation.
OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum predecessors-in-interest, subsidiaries, and successors-in-interest of the corporate defendant. In that U.S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant. United States Gypsum Company, responds to these Interrogatories on behalf of itself.
PBfENPftWT * S ANSWERS TO INTERROGATORIES F:\ASB3\USGMCKIVER.ROG
PAGE 3
U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents.
Finally, U.S. Gypsum objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra. U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request.
DEFENDANT * S ANSWERS TO INTERROGATORIES F:\ASB3\USGMCKIVER.ROG
PAGE 4
ANSWERS AND OBJECTIONS TO INTERROGATORIES
INTERRQGftTPRY N-Q.-^i
For each document listed below, please answer whether such document is a true and correct duplicate of a genuine and authentic document:
EXHIBIT NO.
DESCRIPTION
a) USG134
3/9/73 Research Report
b) USG138
"Industrial Hygiene Survey for U.S. Gypsum Company, Gypsum, Ohio NATLSCO", 6/26/73, Michael L. Brown
c) USG187
Report January 1938 from R.S.O., "Dust and Its Relation to Our Operations"
d) USG202
Letter 10/28/46 Muehleck to Brown
e) USG213
Letter dated July 1, 1970 to Wendell J. Brown from C. P. Kipp
f) USG214
Death Certificate of Ralph Miriello
MSHSB:
(a) USG 134: This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company.
(b) USG 138: United States Gypsum Company admits that this document is an accurate copy of a document found within the files
maintained by United States Gypsum Company, was prepared at the request of United States Gypsum Company and was received by it at or near the time of the event. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny that the document is genuine, authentic, a business record of another company or organization, was made at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
(c) USG 187: This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company.
(d) USG 202: United States Gypsum Company received a copy of this document during the course to the asbestos litigation. A copy of
DEFENDANT'S ANSWERS TO INTERROGATORIES P:\ASB3\USGMCKXVER.ROG
PAGE 5
this document was not contained in the files of United States Gypsum Company. Therefore, this defendant is unable to answer whether such document is a true and correct duplicate of a genuine and authentic document.
(e) USG 213: This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company.
(f) USG 214: This document has not been found in the files of United States Gypsum Company and United States Gypsum company cannot confirm said document was produced to it during the course of the asbestos litigation. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny whether said document is genuine, authentic, an accurate copy of the original, is a business record of another company or organization, was made contemporaneously to the event, activity or occurrence, was made in course of a regularly conducted business activity or whether it was a regular practice for that business activity to make such document.
INTERROGATORY NO. 2:
For each document listed below, please answer whether such document was kept and/or generated in the regular course of a regularly conducted business activity of any United States Gypsum Company Entity by an employee or representative of any United States Gypsum Company Entity with knowledge of the act, event, condition or opinion recorded.
EXHIBIT NO.
DESCRIPTION
a) USG134 b) USG138
3/9/73 Research Report
"Industrial Hygiene Survey for U.S. Gypsum Company, Gypsum, Ohio NATLSCO", 6/26/73, Michael L. Brown
c) USG187
Report January 1938 from R.S.O., "Dust and Its Relation to Our Operations"
d) USG202 e) USG213
Letter 10/28/46 Muehleck to Brown
Letter dated July 1, 1970 to Wendell J. Brown from C. P. Kipp
f) USG214
Death Certificate of Ralph Miriello
DEFENDANT'S ANSWERS TO INTERROGATORIES F:\ASB3\USGMCXIVER.ROG
PAGE 6
ANSWER:
(a) USG 134: United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document . United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
(b) USG 138: United States Gypsum Company admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company, was prepared at the request of United States Gypsum Company and was received by it at or near the time of the event. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny that the document is genuine, authentic, a business record of another company or organization, was made at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document
(c) USG 187: United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document . United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
(d) USG 202: Not to this defendant's best current knowledge, information and belief.
(e) USG 213: United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document . United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this
DEFENDANT'S ANSWERS TO INTERROGATORIES F:\ASB3\USGMCKIVER.ROG
PAGE 7
document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
(f) US6 214: Not to this defendant's best current knowledge, information and belief.
INTERROGATORY NO. 3:
For each document listed below, please answer whether such document was found in your files in such a condition as to create no suspicion concerning its authenticity.
EXHIBIT NO.
DESCRIPTION
a) USG134 b) USG138
3/9/73 Research Report
"Industrial Hygiene Survey for U.S. Gypsum Company, Gypsum, Ohio NATLSCO", 6/26/73, Michael L. Brown
c) USG187
Report January 1938 from R.S.O., "Dust and Its Relation to Our Operations"
d) USG202
Letter 10/28/46 Muehleck to Brown
e) USG213
Letter dated July 1, 1970 to Wendell J. Brown from C. P. Kipp
f) USG214
Death Certificate of Ralph Miriello
ANSWER;
(a) USG 134: Objection. This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, this defendant admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company.
(b) USG 138: Objection. This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, this defendant admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company.
(c) USG 187: Objection. This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, this defendant admits that this document is an accurate
DEPENDANT * S ANSWERS TO INTERROGATORIES F:\ASB3\USGMCKXVER.ROG
PAGE 8
copy of a document found within the files maintained by United States Gypsum Company.
(d) USG 202:
Objection.
This Interrogatory is vague and
ambiguous with respect to "in such a condition as to create no
suspicion concerning its authenticity." Without waiving this
objection, a copy of this document was not found in this
defendant's files.
(e) USG 213:
Objection.
This Interrogatory is vague and
ambiguous with respect to "in such a condition as to create no
suspicion concerning its authenticity." Without waiving this
objection, this defendant admits that this document is an accurate
copy of a document found within the files maintained by United
States Gypsum Company.
(f) USG 214:
Objection.
This Interrogatory is vague and
ambiguous with respect to "in such a condition as to create no
suspicion concerning its authenticity." Without waiving this
objection, a copy of this document was not found in this
defendant's files.
INTERROGATORY NO. 4:
Has United States Gypsum Company 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?
MSWERi
(a) USG 134: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document.
(b) USG 138: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document.
(c) USG 187: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document.
DEFENDANT'S ANSWERS TO INTERROGATORIES F: \ASB3\USGMCKIVER.ROG
PAGE 9
(d) USG 202: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document.
(e) USG 213: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document.
(f) USG 214: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document.
DEFENDANT'S ANSWERS TO INTERROGATORIES Ft\ASB3\USGMCKIVER.ROG
PAGE 10
STATE OF ILLINOIS )
)
COUNTY OF COOK
)
SS
VERIFICATION
I, F. M. Poremski, declare:
I am the Director, Financial 6 Accounting Services, of
United States Gypsum Company, one . of the above named
defendants, and am authorized to make this verification for and
on behalf of said company;
I have read the foregoing Answers, Objections, and other
Responses to Plaintiffs' Interrogatories and am informed and
believe that the same is true and on that ground allege that
the matters therein stated are true.
I declare, under penalty of perjury, that the foregoing
is true and correct, and that this declaration was executed
on
1 \ t I *4
in Chicago, Illinois.
a
F. M. Poremski
tShuibss-crmibedi
and day
sworj of
| jm
y*
before me 1994.
rs
/
"OF'!;:!/'!
SALLY A. BEO-ARCIK
No'ar >>: -
Minois
My CoiTimission lx ires 6/19/94