Document MvzoxYx7kvLrOg0wxEqanjwa
PLAINTIFF'S EXHIBIT
1 Lisa L. Oberg (State Bar No. 120139) Carrie A. Bauccio (State Bar No. 162471)
2 HAIGHT, BROWN & BONESTEEL, L.L.P.
100 Bush Street, 27th Floor 3 San Francisco, CA 94104
Telephone: (415)986-7700 4
Attorneys for THE CENTER FOR CLAIMS RESOLUTION DEFENDANTS, including UNION 5 CARBIDE CHEMICALS AND PLASTICS COMPANY, INC.
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF SAN FRANCJJg^O
9 ldfmc
10 rN RE: 11 COMPLEX ASBESTOS LITIGATION 12 13
) Case No. 828684
) ) UNION CARBIDE CHEMICALS AND ) PLASTICS COMPANY, INC.'S RESPONSE ) TO GENERAL ORDER #129 ) INTERROGATORIES
)
14 PROPOUNDING PARTY:
15 RESPONDING PARTY:
16
17 SET NUMBER:
18
PLAINTIFFS UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC. ONE
19
PRELIMINARY STATEMENT 20
Union Carbide states that trial preparation and factual investigation are ongoing. Union 21
Carbide's answers to these interrogatories are based on information known to Union Carbide at 22
this time. Union Carbide reserves the right, however to make reference at the trial or at any 23
hearing in this action to facts and documents not identified in these responses, the existence or 24
relevance of which is later discovered by it or its counsel. 25
Since plaintiffs interrogatories are not reasonably framed in terms of the facts and subject 26
matter of the present action, Union Carbide cannot speculate as to what information relevant to 27
the present case, if any, may be deemed to fall within the scope of the interrogatories as phrased. 28
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1 Union Carbide objects to all interrogatories insofar as they would require the disclosure 2 of information protected by the attorney-client privilege or work product doctrines. 3 Plaintiffs have made no allegations of exposure to any asbestos-containing products, 4 which Union Carbide has manufactured, sold or distributed where the asbestos fiber in those 5 products was encapsulated by or embedded in other material. According to Union Carbide's best 6 presently available information, those products consist of the'following: a tree sprout inhibitor 7 used primarily to inhibit growth on telephone poles; a phenolic molding compound used in 8 electronic parts and products such as switches and radios; a thermoplastic molding material used
9 primarily in camera cases; Prestone radiator products; acetylene cylinder liners; a scarfer 10 machine used to remove blemishes and imperfections from steel; and, possibly, certain
11 polyethylene, polystyrene and other products sold in limited quantities on an experimental basis. 12 Union Carbide no longer manufactures any of those products. From 1963 until June 30, 1985, 13 Union Carbide mined and sold short fiber chrysotile asbestos initially as "Union Carbide 14 Asbestos" and then under the trade name Calidria (some distributors marketed Calidria under 15 other trade names). All responses to these interrogatories refer to Calidria asbestos only.
16 RESPONSES TO INTERROGATORIES 17 INTERROGATORY NO. 1:
18 IDENTIFY the person verifying these answers on YOUR behalf. 19 RESPONSE TO INTERROGATORY NO. 1: 20 John Macdonald, 39 Old Ridgebury Road, Danbury, CT 06817.
21 INTERROGATORY NO. 2: 22 State the date of first employment with YOU, and the dates and titles of each job position
23 person verifying these interrogatories has held while employed by YOU. 24 RESPONSE TO INTERROGATORY NO. 2: 25 John Macdonald was first employed by Union Carbide Corporation in December 1969. 26 The following is his job history: 27 1969-1979: Senior Analyst 28 1979-1982: Staff Assistant
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1 Secretary's Group 2 1982-present: Assistant Corporate Secretary j INTERROGATORY NO. 3: 4 State whether or not YOU are a corporation, and if so, state: 5 A. YOUR correct corporate name; 6 B. YOUR state of incorporation; 7 C. The date of YOUR incorporation; 8 D. The address of YOUR principal place of business; 9 E. Whether or not YOU have ever held a certificate of authority to do 10 business in the State of California, and if so, the inclusive dates of any certificate; 11 F. If YOU are wholly owned or the majority interest of YOUR company is 12 owned by another business entity, state the entity's name and principal place of business; 13 G. Whether YOU have any business offices in California and, if so, YOUR 14 principal place of business in California. 15 RESPONSE TO INTERROGATORY NO. 3: 16 Yes. 17 A. Union Carbide Chemicalsand Plastics Company, Inc. 18 B. New York. 19 C. November 11,1917 20 D. 39 Old Ridgebury Road 21 Danbury, CT 06817 22 E. Yes. July 31, 1942 to the present. 23 F. Not applicable. 24 G. Union Carbide maintains one business office in California: 25 Union Carbide Corporation
19500 Mariner Avenue 26 Torrance, CA 90530-1590 27 See also Union Carbide response to Interrogatory 3D, above. 28
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1 INTERROGATORY NO. 4;
2 Have YOU ever been identified, known, or done business under any other name in the 3 State of California? 4 RESPONSE TO INTERROGATORY NO. 4: 5 Yes.
6 INTERROGATORY NO. 5:
7 If your answer to Interrogatory No. 4 is in the affirmative, please state such name or 8 names and the time period during which THIS DEFENDANT was so known or identified. 9 RESPONSE TO INTERROGATORYNO. 5: 10 Union Carbide Corporation was first incorporated in the State of New York on November 11 11, 1917 under the name of Union Carbide and Carbon Products. Union Carbide changed its 12 name to Union Carbide Corporation in 1957; on July 3, 1989, to Union Carbide Chemicals & 13 Plastics Co., Inc. [Union Carbide], which is wholly owned by the Union Carbide Corporation 14 incorporated in Delaware.
15 INTERROGATORY NO. 6:
16 If YOU are not a corporation, what is YOUR business structure (partnership, joint 17 venture, sole proprietorship, etc.). 18 RESPONSE TO INTERROGATORY NO. 6: 19 Not applicable.
20 INTERROGATORY NO. 7: 21 If YOU are not a corporation, please IDENTIFY all persons or other entities with an 22 ownership interest in YOU.
23 RESPONSE TO INTERROGA TORY NO. 7: 24 Not applicable.
25 INTERROGATORY NO. 8:
26 If you are not a corporation, please state the following: 27 A. The address where the HISTORICAL RECORDS of THIS DEFENDANT 28 are currently located; and
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1 B. The name, job title and current address ofthe Custodian for THIS 2 DEFENDANTS HISTORICAL RECORDS. 3 As used herein, "HISTORICAL RECORDS" shall include all DOCUMENTS relating to 4 the formation of THIS DEFENDANT, all minutes of partners', general partners', or other owners' 5 meetings, and all DOCUMENTS relating to THIS DEFENDANTS merger with, acquisition of 6 or purchase, or sale of or by any other COMPANY. 7 RESPONSE TO INTERSOGA TORY NO. 8: 8 Not applicable. 9 INTERROGATORY NO. 9: 10 IDENTIFY YOUR custodian of Business Records. 11 RESPONSE TO INTERROGATORY NO. 9: 12 Union Carbide's custodian of records for asbestos-related documents is Mrs. Virginia 13 Ruszczyk, Kelley Drye & Warren L.L.P., 101 Park Avenue, New York, NY 10178. 14 INTERROGATORY NO. 10: 15 IDENTIFY the person or persons most knowledgeable about: 16 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS 17 CONTAINING PRODUCTS; 18 B. YOUR use of RAW ASBESTOS and/or ASBESTOS CONTAINING 19 PRODUCTS; 20 C. YOUR contracting with others to do work involving use or handling of 21 RAW ASBESTOS or ASBESTOS CONTAINING PRODUCTS. 22 RESPONSE TO INTERROGATORYNO. 10: 23 Union Carbide's Calidria asbestos was not an asbestos-containing product. Rather it was 24 a unique short-fiber chrysotile asbestos sold in fibrous and pelletized forms to producers and 25 manufacturers for use in their products and production processes. Union Carbide did cease 26 selling Calidria and sold its Calidria business and assets in 1985. 27 John Myers has been involved in various aspects of Union Carbide Corporation's 28 Calidria asbestos business since 1966, and has familiarity with many facets of the business and
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1 of the Calidria product. From 1970-1981, Mr. Myers held the Metals Division position of
2 Marketing Manager- [for] asbestos. From 1981 until June 30, 1985, he served in the Metals
3 Division as Product and Production Manager-[for] asbestos. John Myers is no longer employed
4 by Union Carbide. Dr. Thomas Hall preceded John Myers and was involved in the start up of the
5 Calidria operation. Former Calidria salespersons, presently in touch with Union Carbide include
6 Mr. Bob Byme and Mr. Jack Walsh. Further, Fred Mumpton and Slim Thompson were
7 geologists with Union Carbide who developed the Calidria mine site.
8 INTERROGATORY NO. II:
9 For DEFENDANTS involved in the MARKETING of ASBESTOS-CONTAINING
10 PRODUCTS, state the IDENTITY of physicians, medical directors and/or industrial hygienists
11 employed by YOU during the time frame or prior to the time YOU discontinued the marketing of
12 such products. All other DEFENDANTS need only respond as to medical directors and/or
13 industrial hygienists or physicians employed in the area of employee health and safety.
14 PREMISES owners and domestic corporations need only respond as to the United States.
15 RESPONSE TO INTERROGATORY NO. 11:
16 Union Carbide's Calidria asbestos was not an asbestos-containing product. Rather it was
1.7 a unique short-fiber chrysotile asbestos mined by Union Carbide and sold in fibrous and
18 pelletized forms to producers and manufacturers for use in their products and production
19 processes.
20 Union Carbide's Medical Department was formally organized in 1939. Prior to that
21 Union Carbide and Union Carbide facilities consulted physicians as appropriate upon need. The
22 medical directors at Union Carbide have included the following individuals for the years
23 respectively indicated below:
24 (1) Girard Cranch (4) Thomas A. Lincoln
25
[1938-1945]
[1978-1985]
26
27 (2) Thomas Nale (5) T. Guy Fortney
28
[1945-1963]
[1985-1989]
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2 (3) John J. Welsh (6) Jean B. Case
3
[1963-1978]
[1989-Present]
4
5 The present duties of Union Carbide's medical director include coordination of all of
6 Union Carbide's medical programs, including employee physical examination programs;
7 recommendations with respect to medical policies, standards and procedures; and administration
8 of medical services at Union Carbide's corporate headquarters, a corporate epidemiology
9 program, a medical program for employees traveling overseas and an alcoholism prevention and
10 treatment program. The medical director reports to the corporate Vice President in charge of
11 Union Carbide's Community and Employee Health, Safety and Environmental Protection
12 Department.
13 In addition. Dr. Hilton Lewinsohn served as Medical Director, Chemicals & Plastics
14 Group. Dr. Lewinsohn is a recognized expert in asbestos-related medical matters and
15 pathologies.
16 Union Carbide's various divisions employ Industrial Hygienists for their respective
17 facilities and premises. Ronald Van Mynen currently serves as Vice President in charge of
18 Union Carbide's Community and Employee Health, Safety and Environmental Protection
19 Department which is primarily responsible for establishing corporate HS&EP standards and for
20 assessing business group performance against those standards and applicable governmental
21 requirements. During the period of the Calidria business. Dr. Harrison Rhodes, an industrial
22 hygienist, supervised Union Carbide's dust count program.
23
24 INTERROGATORY NO. 12:
25 Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf of
26 THIS DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, wherein
27 the plaintiff has alleged an asbestos-related injury? If so, for each such third-party case (except
28
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I that Premises Defendants and Contractor Defendants need answer only with respect to cases
2 relating to sites within the GEOGRAPHIC AREA) please state:
3 A. The caption and case number;
4 B. The court filing including state and county;
5 C. The date of deposition or trial testimony;
6 D. The name and address of plaintiff s counsel of record;
7 E. The name and address of the court reporter.
8 RESPONSE TO INTERROGATORY NO. 12:
9 Union Carbide has presently identified the following testimony offered in asbestos-
10 related law suits by Union Carbide employees:
11 1) John L. Myers
12 A) Lester Rice v. Union Carbide Corporation. U.S.D.C., District of South Carolina, Civil Action No. 81-977-9, April 9, 1982.
13
14 B) Simon DeWard v. Johns-Manville. et al.. Superior Court for the County of Los Angeles, Civil Action No. C-298717 (and related cases), August 30, 1984.
15
16 C) Bobbv R. Sanford v. Johns-Manville Sales Corp. et al.. Southern District of Texas, Galveston Division, No. G-82-325, September 4, 1986.
17
18 D) Shirley Tate v. Certain-Teed Corp., et al.. District Court, 46th Judicial District, Hardeman
19 County, Texas, No. 7591.
20 Shirley Tate v. 3 M Corporation, et al..
21 District Court, 94th Judicial District, Nueces County, Texas, No. 85-1559-C, July 27, 1987.
22
23 E) Union Carbide Asbestos Removal Litigation Pennsylvania Cases, Bridgeport, Connecticut
24 April 28, 1988.
25 F) James W. Manisto v. American Brake Block
26 District Court, First Judicial District, State of Minnesota, County of Dakota,
27 File No. C-5-88-1Q08, January 6, 1989.
28
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t 2) Carl U. Demehl. M.D.
2 A) John Worm v. Rubicon Chemicals, Inc., et al., U.S.D.C., District of Minnesota, 4th
3 Division, St. Paul, Minnesota, No. 4-81-748, October 21,1982.
4
5 B) Henry Garry v. Union Carbide Corporation, U.S.D.C., Eastern District of Arkansas, Western
6 Division, Civil No. LR-C-83-921, February II, 1985.
7 C) Arthur A. Frehse v. Anchor Packing Company et al..
8 Sixth Judicial District, County of Carlton, State of Minnesota, March 10th, 1989.
9
10 3) Robert E. Peele
11 A) Asbestos Cases Huntington, West Virginia, September 9-10, 1981.
12
13 B) Asbestos Cases Southern District of Georgia, October 7,1981.
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15 C) Freda K. Knight v. Union Carbide Corporation. U.S.D.C. Southern District of West Virginia, Huntington, W.VA., Civil Action No. 84-3425, May 22, 1987.
16
17 4) William Paul Woods
18 A) Keith Edwin Gibson v. Armstrong World Industries. Inc., et al.. U.S.D.C. District of Colorado, Consolidated Civil Action No. 83-K-1756; Civil Action No.
19 84-K-912,May 18, 1987. .
20 5) Richard J. Sexton. M.D.
21 A) Freda K. Knight v. Union Carbide Corporation. U.S.D.C. Southern District of
22 West Virginia, Huntington, W.VA., Civil Action No. 84-3425, May 14, 1987.
23 6) Bert K. Barton
24 A) James W. Manisto v. American Brake Block Corporation, et al.. District
25 Court. First Judicial District, Dakota County, Minneapolis, Minnesota, NO. C-588-1008, January 26, 1989.
26
27 B) Robert P. Payne, Josephine Stala as Administratrix of the Estate of Stanley Staia v. Advocate Mines, et al.. Supreme Court of N.Y. Law Div., Middlesex
28 County, Doc. No. L-l 0917-85, October 27, 1988.
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2 7) Thomas J. Hall. M.D.
3 A) James W. Manisto v. American Brake Block Corporation, et al.. District Court, First Judicial District, Dakota County, Minneapolis, Minnesota, NO. C-5-
4 88-1008, January 10, 1989.
5 8) Howard Stephens
6 A) Keith Edwin Gibson v. Armstrong World Industries. Inc., et al.. U.S.D.C.
7 District of Colorado, Consolidated Civil Action No. 83-K-1756; Civil Action No. 84-K-912, May 18, 1987.
8
9 9) Myron Bennett
10 A) Keith Edwin Gibson v. Armstrong World Industries. Inc., et al.. U.S.D.C. District of Colorado, Consolidated Civil Action No. 83-K-1756; Civil Action No.
11 84-K-912, May 18, 1987.
12 10) Harrison B. Rhodes. Ph.D.
13 A) Marie B. Soienet v. Montello. Inc., et al.. U.S.D.C. for Eastern District of
14 Texas, Beaumont Division, B-86-1193-CA, January 19,1989.
15 B) June Greer, Individually, and as Exec, of the Estate of
16 John Lee Greer, U.S.D.C. for Northern District of Georgia, Atlanta Division, Civil Action No. CV 86-2882, August 10, 1989.
17
18 11) Dr. Hilton C. Lewinsohn
19 A) Marie B. Soignet v. Montello, et al District Court for the Eastern District of Texas,
20 File No. B-86-1193, March 9, 1989.
21 B) Conwed Corporation v. Union Carbide Chemicals and
22 Plastics Company, Inc., District Court for the Eastern District of Pennsylvania, Case No. 5-92-88,
23 February 15, 1994
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12) Newton H. Ketcham 25
A) State of West Virginia, 26 Circuit Court of Monogalia County, West Virginia.
File No. 86-C-458, November 8, 1991. 27
B) Russell Allen, et al v. American Petrofina, et al. 28 District Court of Jefferson County, Texas,
File No. B-126,986, December 8, 9, 10, 1992.
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1 INTERROGATORY NO. 13:
2 For each of the following, please state whether, at any time within the time frame or until
3 such time as any defendant which had been engaged in MARKETING RAW ASBESTOS or
4 ASBESTOS-CONTAINING PRODUCTS discontinued the MARKETING of such products,
5 DEFENDANT was a member or paid dues for any representative of THIS DEFENDANT
6 (excluding faculty members of educational institutions) to be a member of the following:
7 A. American Conference of Governmental Industrial Hygienists;
8 B. American Industrial Hygiene Association;
9 C. American Petroleum Institute;
10 D. American Railroad Association;
11 E. Asbestos Cement Producers Association;
12 F. Asbestos Information Association (ALA) (please answer through date of
13 your answers);
14 G. Asbestos Information Association/North America (AlA/NA)(please
15 answer through date of your answers);
16 H. Asbestos Textile Institute (ATI);
17 I. Industrial Hygiene Foundation and/or Industrial Health Foundation;
18 J. Industrial Mineral Insulation Manufacturers Institute;
19 K. Magnesia Insulation Manufacturers' Association;
20 L. Magnesia Silica Insulation Manufacturers Association;
21 M. Mineral Wool Institute;
22 N. National Insulation Manufacturers Association (NIMA);
23 O. National Safety Council;
24 P. New York Academy of Sciences;
25 Q. Quebec Asbestos Mining Association (QAMA);
26 R. Refractories Institute;
27 S. Safe Building Alliance (please answer through date of your answers);
28 T. Thermal Insulation Manufacturers Association (TIMA);
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1 U. U.S. Maritime Commission; 2 V. IDENTIFY any other organizations, associations or groups of 3 manufacturers, miners, distributors, importers, labelers, suppliers, and/or sellers of ASBESTOS4 CONTAINING PRODUCTS of which THIS DEFENDANT was a member, 5 W. IDENTIFY any such representative of THIS DEFENDANT. 6 RESPONSE TO INTERROGATORY NO. 13: 7 Union Carbide's Calidria asbestos was not an asbestos-containing product Rather it was 8 a unique short-fiber chiysotile asbestos sold in fibrous and pelletized forms to producers and 9 manufacturers for use in their products and production processes. 10 Union Carbide was a member of the Industrial Health Foundation, the American 11 Industrial Health Association and Asbestos Information Association/North America. Union 12 Carbide may also have cooperated with work undertaken by the Pneumoconiosis Research 13 Council of the United Kingdom, The Organization Resources Recovery Organization, and the 14 Insulation Industry Hygiene Research Program. Union Carbide or Union Carbide personnel also 15 participated in activities of the National Safety Council. Union Carbide has no presently 16 available record of association with any other organization listed in the plaintiffs' interrogatory. 17 INTERROGATORY NO. 14: 18 For each organization, association or other entity identified in YOUR Response to 19 Interrogatory No. 13, please state: 20 A. The dates during which THIS DEFENDANT was a member; 21 B. The name(s) of any publication(s) received by THIS DEFENDANT from 22 such association or organization; 23 C. The name of any committee or subcommittee of which THIS 24 DEFENDANT was a member, and the dates of such committee or subcommittee membership. 25 RESPONSE TO INTERROGATORY NO. 14: 26 See Union Carbide's response to Interrogatory No. 13. Union Carbide responds that it 27 presently can find no documents relating to the IHF in its files. With respect to AIA documents, 28 see Union Carbide's response to Interrogatory No. 17. Union Carbide also has in its possession a
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1 copy of at least one edition of the newsletter published by the Insulation Industry Hygiene 2 Research Program. In addition, Union Carbide possesses files which may contain miscellaneous 3 correspondence to or from the AIA or other organizations. 4 INTERROGATORY NO. 15: 5 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results 6 or conclusions of any studies and/or tests conducted by Bonsib for Standard Oil of New Jersey 7 relating to asbestos exposure in the workplace or the human health consequences of exposure to 8 asbestos? If so: 9 A. Either (1) attach all DOCUMENTS evidencing the information sought in 10 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 11 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 12 may be made the subject of a request for production of documents. 13 B. State the date upon which THIS DEFENDANT first received such 14 DOCUMENTS; 15 C. State the IDENTITY of the custodian of such DOCUMENTS. 16 D. This interrogatory does not apply to DOCUMENTS contained in a library 17 maintained by a DEFENDANT hospital or a DEFENDANTS library providing access to the 18 general public. 19 RESPONSE TO INTERROGATORY NO. IS: 20 Union Carbide has no presently available record of such correspondence; Union Carbide 21 may have interchanged such information indirectly through its organization affiliations. Upon 22 plaintiffs request, Union Carbide will make non-privileged files containing asbestos-related 23 correspondence available to the plaintiff for review and replication at a suitable time and place. 24 INTERROGATORY NO. 16: 25 Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies 26 and/or tests conducted by any insurance company, including but not limited to Metropolitan Life 27 Insurance Company and Aetna Insurance relating to asbestos exposure in the workplace or the 28 human health consequences of exposure to asbestos? If so:
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1 A. Either (1) attach all DOCUMENTS evidencing the information sought in
2 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 3 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 4 may be made the subject of a request for production of documents. 5 B. State the date upon which THIS DEFENDANT first received such 6 DOCUMENTS; 7 C. State the IDENTITY of the custodian of such DOCUMENTS. 8 D. This interrogatory does not apply to DOCUMENTS contained in a library 9 maintained by a DEFENDANT hospital or a DEFENDANTS library providing access to the 10 general public. 11 RESPONSE TO INTERROGATORY NO. 16: 12 Union Carbide has no presently available record of such correspondence; Union Carbide 13 may have interchanged such information indirectly through its organization affiliations. Upon 14 plaintiffs request. Union Carbide will make its asbestos repository containing non-privileged 15 asbestos-related correspondence available to the plaintiff for review and replication at a suitable 16 time and place. 17 Union Carbide maintains in its Repository of asbestos-related documents and other 18 documentary material. The Repository includes a myriad of documents and other material from 19 Union Carbide's former Calidria business, from other former businesses which manufactured 20 products which contained some asbestos, and from Union Carbide facilities which used and 21 removed asbestos insulation and other asbestos products in accordance with the most advanced 22 state-of-the-art industrial practices. The repository encompasses documents and material 23 generated and received by Union Carbide employees or officials, as well as published articles 24 collected by Carbide employees and officials. Subjects which the documents and material 25 discuss or pertain to include, but are not limited to, the following: Union Carbide's former 26 Calidria business; the unique physical and chemical properties of the Calidria fiber, which 27 engender the fiber's innocuous nature; information about asbestos containing products 28 manufactured by Union Carbide or other producers; and information about other asbestos
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1 generally, including health officials of the other asbestos. The repository should include any of
2 the material requested by this request to the extent that it remains in Union Carbide's possession. 3 Upon plaintiffs request, Union Carbide will make its Repository, except privileged material, 4 available to plaintiff for review and replication at a suitable time and place. 5 INTERROGATORY NO. 17: 6 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results 7 or conclusions of any studies and/or tests conducted by any laboratory, including but not limited 8 to, the Saranac Laboratory relating to asbestos exposure in the workplace or the human health 9 consequences of exposure to asbestos? If so: 10 A. Either (1) attach all DOCUMENTS evidencing the information sought in 11 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 12 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 13 may be made the subject of a request for production of documents. 14 B. State the date upon which THIS DEFENDANT first received such 15 DOCUMENTS; 16 C. State the IDENTITY of the custodian of such DOCUMENTS. 17 D. This interrogatory does not apply to DOCUMENTS contained in a library 18 maintained by a DEFENDANT hospital or a DEFENDANTS library providing access to the 19 general public. 20 RESPONSE TO INTERROGATORYNO. 17: 21 Other than published material available to the general public and documents produced in 22 other law suits by parties other than Union Carbide, Union Carbide has not been able to locate 23 any documents that contain any results or conclusions of any studies and/or tests conducted by 24 the Saranac Laboratory at the Trudeau Foundation relating to asbestos exposure in the workplace 25 or the human health consequences of exposure to asbestos. See also Union Carbide's response to 26 Interrogatory No. 16. 27 // 28 //
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1 INTERROGATORY NO. 18:
2 Had THIS DEFENDANT (except for a defendant that is an educational institution) prior
3 to 1973 ever maintained a library (or libraries) which contained books, articles, periodicals,
4 journals, and/or reference materials that related to the subjects of asbestos, industrial hygiene,
5 medicine, safety and/or occupational disease. Ifso, state:
6 A. The date each such library was established;
7 B. The location of each such library;
8 C. The IDENTITY of each librarian or other person in charge of such library.
9 RESPONSE TO INTERROGATORYNO. 18:
10 During the early 1960's, Union Carbide established and maintained a medical library. In
11 December, 1981, the medical library merged into the general corporate library, located in Union
12 Carbide's World Headquarters: Union Carbide Chemicals and Plastics Company, Inc., 39 Old
13 Ridgebury Road, Danbury, Connecticut 06817. The chief librarian of the corporate library is Mr.
14 Roger Miller. In 1983, Union Carbide's medical department organized its own library, located
15 also in Union Carbide's World Headquarters, but apart from the corporate library. The medical
16 library is presently overseen by Mr. Marvin Huffman.
17 Some medical-related material may presently be located at one of Union Carbide's
18 "satellite" libraries; the following is a list of satellite libraries:
19 Union Carbide Corporation P rma Technical Center
20 ' Technical Information Services P.O.Box 6116
21 Cleveland, Ohio 44101
22 Chemical Hygiene Fellowship Camegie-Mellon Institute of Research
23 4400 Fifth Avenue Pittsburgh, PA 23513
24 Union Carbide Corporation
25 CTS Info. Center Office Spine Bldg. 02. Sect. 15-16
26 Tarrytown Technical Center Tarrytown, NY 10591
27 Union Carbide Corporation
28 Chemical & Plastics Bldg. 740 South Charleston, West Virginia 25303
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1 Union Carbide Corporation
2 Tarrytown Technical Center Library and Tech. Inf. Serv.
3 Tarrytown, NY 10591
4 Union Carbide Canada Ltd. Plastics and Chemicals
5 Technical Center Library P.O. Box 700, Pt. Aux Trembles
6 Quebec, H1B 5K.8, Canada
7 Union Carbide Canada Ltd. Reference Library
8 123 Eglinton Avenue, E. Toronto, Ontario M4P1J3
9 Canada
10 Union Carbide Corporation Chemicals 8c Plastics
11 Library Tech. Info. Service
12 Bldg. 200 Bound Brook, NJ 08805
13 Union Carbide Corporation
14 Law Department Library
15 39 Old Ridgebury Road Danbury, Connecticut 06817
16
17 INTERROGATORY NO. 19:
18 With the exception of OSHA compliance, had THIS DEFENDANT (except for a
19 defendant that is an educational institution) prior to 1980 exchanged DOCUMENTS or
20 communicated with any person or other COMPANY expressly regarding the results of tests
21 and/or studies relating to asbestos exposure in the workplace or the human health consequences
22 of exposure to asbestos? If so, state:
23 A. Each person or COMPANY with whom the information was exchanged or
24 to whom it was communicated.
25 B. The date(s) of any such exchanges or communications;
26 C The IDENTITY of the custodian of such DOCUMENTS.
27 //
28 //
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1 RESPONSE TO INTERROGA TORY NO. 19: 2 Union Carbide has no presently available record of such correspondence; Union Carbide 3 may have interchanged such information indirectly through its organization affiliations; see 4 Union Carbide's response to Interrogatory No. 13. Upon plaintiffs' request. Union Carbide will 5 make non-privileged files containing asbestos-related correspondence available to the plaintiffs 6 for review and replication at a suitable time and place. See also Union Carbide's response to
7 Interrogatory No. 16. 8 INTERROGATORY NO. 20:
9 Has any employee or-designee of THIS DEFENDANT testified as a representative of 10 THIS DEFENDANT before the Occupational Safety and Health Administration, the National 11 Institute of Occupational Safety and Health, or any committee or subcommittee of the United 12 States Congress relating to asbestos exposure in the workplace or the human health consequences 13 of exposure to asbestos? If so, please state: 14 A. The entity before whom such testimony was given; 15 B. The date(s) and location(s) of such testimony; 16 C. The IDENTITY of the individual(s) who so testified; 17 D. Whether any DOCUMENTS were presented to the entity before which 18 testimony was given; 19 E. Whether copies of DOCUMENTS presented were retained by THIS 20 DEFENDANT and, if so, state the IDENTITY of the custodian of such DOCUMENTS. 21 RESPONSE TO INTERROGATORYNO. 20: 22 According to the best of Union Carbide's present information, the following testimony 23 was provided by individuals formerly associated with Union Carbide in the capacities noted 24 below, and not necessarily on Union Carbide's behalf; their testimony may or may not have 25 pertained to Union Carbide or Union Carbide products: 26 I. James W. Rawlings, Former Vice President, Metals Division. 27 3/16/72, Washington, D.C. before U.S. Department of Labor-OSHA hearings on a 28 "Proposed Standard for Occupational Exposure to Asbestos."
CC2J-10000AJ02S809.0I
IS
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 // 28 //
2. John L. Meyers, Product and Production Manager, Asbestos. (i) 9/17/75 and 1/21-22/76, Washington, D.C., before the OSHA Advisory Committee on "Proposed Standards for Occupational Exposure to Asbestos in the Construction Industry." (ii) 4/27/79, Fresno, California, California Occupational Safety and Health (CAL-OSHA) Standards Board regarding proposed changes in asbestos standards. (iii) 5/29/80, Fresno, California, before the California Occupational Safety and Health (CAL-OSHA) Standards Board, regarding proposed changes in asbestos standards.
3. Harrison B. Rhodes, former Technology Manager - Asbestos (i) 8/15/77, before the Consumer Product Safety Commission on "A Proposed Ban on Wall Patching Compounds Containing Asbestos." (ii) 3/14/77, New Brunswick, NJ before the New Jersey Department of Environmental Protection on "A Proposed Regulation Regarding Control and Prohibition of Spray-On Asbestos Surface Coatings." (iii) 7/19/78, Washington, D.C., U.S. Department of Labor-OSHA, hearing of Toxic Substances Posing a Potential Occupational Carcinogenic Risk." (iv) 11/8/78, Sacramento, California, before the California Occupational Safety and Health (CAL-OSHA) Standards Board, regarding proposed changes in asbestos standards. (v) 8/30/79 and 9/25/80, San Diego, California Occupational Safety and Health (CAL-OSHA) Standards Board, regarding proposed changes in asbestos standards. (vi) 2/19/81 and 8/14/81, Toronto, Ontario, Canada, Royal Commission on Matters of Health and Safety Arising from the Use of Asbestos in Ontario.
CC25.1C0CXV0025809.01
19
1 INTERROGATORY NO. 21;
2 Has THIS DEFENDANT (except for a defendant that is an educational institution) 3 conducted, or caused to be conducted, tests, and/or studies of ambient asbestos dust created 4 during the manufacture, processing and/or assembling for sale of ASBESTOS-CONTAINING 5 PRODUCTS? If so, state: 6 A. Each manufacturing facility, including location and address, at which any 7 test and/or study was conducted; 8 B. The date of each such test and/or study; 9 C. The individual(s) or entity conducting each such test and/or study; 10 D. Whether THIS DEFENDANT has any DOCUMENTS containing the 11 results and/or conclusions of each such study; 12 E. The IDENTITY of the custodian of such DOCUMENTS. 13 RESPONSE TO INTERROGATORY NO. 21: 14 Union Carbide's Calidria asbestos was not an asbestos-containing product. Rather it was 15 a unique short-fiber chrysotile asbestos mined by Union Carbide and sold in fibrous and 16 pelletized forms to producers and manufacturers for use in their products and production 17 processes. 18 Two studies of Calidria asbestos were made by the Chemical Hygiene Fellowship of 19 Mellon Institute on behalf of Union Carbide: 20 1. The first study was entitled "The Fibrogenic 21 Potential of Asbestos Products - Via Intraperitoneal Injection In 22 Guinea Pigs, Rats and Rabbits and by the Intratracheal Route in the 23 Rat". Although Union Carbide cannot represent that it knows the 24 names of the persons who conducted the study, the following 25 individuals did sign the study: Edwin R. Kinkhead, B.S., Research 26 Assistant, Urbano C. Pozzani, M.S., Senior Fellow and Charles P. 27 Carpenter, Ph.D., Assistant Administrative Fellow. Also, the 28 following persons received an acknowledgment in the study:
CC2S-10000/0025809.01
20
1 Charles C. Hahn, B.S., Junior Fellow and John M. King, Ph.D., 2 DVM, Fellow. The study was completed on July 8, 1966. The 3 purpose of the study was to evaluate the degree of fibrogenicity of 4 asbestos mined at Union Carbide's King City, California facility as 5 compared with other forms of asbestos. A copy of the study's 6 report will be supplied if requested. 7 2. The second study was entitled "Caiidria Asbestos 8 Resin Grade RG244, Tracheal Insufflation of Rat Lungs with 9 Interpretation of Pathology After 20,60,90, and 180 Days1'. 10 Although Union Carbide cannot represent that it knows the names 11 ofthe persons who conducted the study, Charles P. Carpenter, 12 Ph.D., Administrative Fellow, was the editor of the study's report 13 In addition, the following individuals were named as contributors 14 to the study: D.L. Geary, Jr., E.R. Kinkhead, R.C. Myers and D.J. 15 Nachreiner. The study was completed on September 3, 1971. The 16 purpose of the study was to evaluate the degree of fibrogenicity of 17 Union Carbide's RG244 as compared with other forms of asbestos. 18 A copy of the study's report will be supplied if requested. 19 In addition to the above two tests, and in addition to chemical analyses of Caiidria which 20 Union Carbide may have undertaken, in the mid-1960's Union Carbide cooperated with the 21 Pneumoconiosis Research Unit of the Llandough Hospital in the United Kingdom to conduct a 22 "trace element analysis" of asbestos and provided samples of Caiidria asbestos for such analysis. 23 Union Carbide may also have conducted "patch tests" to determine the impact, if any, of Caiidria 24 on skin and other soft tissue. Union Carbide is currently endeavoring to locate reports of these 25 tests. 26 Union Carbide conducted dust studies at various facilities of Caiidria customers and these 27 studies, upon plaintiffs' request, will be made available to the plaintiffs for review and 28 duplication at a suitable time and place.
CC25-10000/0025S09 01
21
I During the early days ofUnion Carbide's Calidria business (which began in 1963), 2 medical and industrial health officials at Union Carbide issued asbestos toxicology reports which 3 were distributed to sales and other appropriate personnel. Warning labels were added to Calidria 4 packages in 1968 and toxicological information first appeared in sales literature in that year. 5 Material Safety Data Sheets were mailed to Calidria customers beginning in 1972. AiA/NA 6 information pamphlets were made available to customers starting in 1972 and were mailed to 7 customers beginning in 1977 at the latest. 8 The health and safety literature made available and disseminated by Union Carbide to its 9 Calidria customers warned of possible serious adverse health effects associated with the 10 excessive inhalation of asbestos fiber, advised customers on ways to control or avoid such 11 hazards, including the use of respirators as a way to avoid the hazards. In addition to the 12 dissemination of health and safety information. Union Carbide took active steps to help insure 13 the Calidria was handled and used in a clean and safe manner and environment: Union Carbide 14 employed shrink-wrap, tight-fitting packaging to prevent leakage, spillage, or dust emission 15 during the shipment of Calidria; Union Carbide also developed pelletized forms of Calidria 16 which would reduce dust emission; and starting in 1972, Union Carbide offered to take dust 17 counts of the premises of Calidria customers in order to help them maintain a safe working 18 environment, a service which many Calidria customers utilized (Calidria was not sold to the 19 general public or other "end-users", but rather was marketed only to manufacturers or producers 20 who used Calidria in their products of production processes). Dr. Harry Rhodes, an industrial 21 hygienist, supervised Union Carbide's dust monitoring program. Union Carbide's custodian of 22 records is Mrs. Virginia Ruszczyk, Kelley, Drye & Warren LLP, 101 Park Avenue, New York, 23 New York 10178.
24 INTERROGATORY NO. 22:
25 Has THIS DEFENDANT (except for a defendant that is an educational institution) 26 conducted, or caused to be conducted, any tests and/or studies on ambient asbestos dust Levels at 27 any location or job site where ASBESTOS-CONTAINING PRODUCTS were installed, utilized 28 or removed? If so, for the first 5 tests and/or studies, state:
CC2J-KXXXV0025809.01
22
I A. The location, including name and address, at which each such test and/or 2 study was conducted; 3 B. The individual(s) or entity conducting each such test and/or study;
4 C. The date of each such test and/or study;
5 D. Whether THIS DEFENDANT has any DOCUMENTS containing the 6 results and/or conclusions of each such test and/or study; 7 E. The IDENTITY of the custodian of such DOCUMENTS. 8 RESPONSE TO INTERROGATORY NO. 22: 9 Union Carbide's Calidria asbestos was not an asbestos-containing product. Rather it was 10 a unique short-fiber chrysotile asbestos sold in fibrous and pelletized forms to producers and 11 manufacturers for use in their products and production processes. 12 See Union Carbide's response to Interrogatory No. 21. Upon plaintiffs' request. Union 13 Carbide will make copies of results of such dust counts available to the plaintiffs for review and
14 duplication at a suitable time and place. 15 INTERROGATORY NO. 23:
16 Did THIS DEFENDANT (except for a defendant that is an educational institution) have 17 any laboratory or other similar type of facility anywhere in the United States at which it 18 conducted, or caused to be conducted, any tests and/or studies of ASBESTOS-CONTAINING 19 PRODUCTS or RAW ASBESTOS relating to the health conseriences of asbestos or the dust 20 generated by any use of asbestos or ASBESTOS-CONTAINING PRODUCTS. If so, state: 21 A. The location, including name and address, at which each test and/or study 22 was conducted; 23 B. The individual(s) or entity conducting each such test and/or study; 24 C. The date of each such test and/or study; 25 D. Whether THIS DEFENDANT has any DOCUMENTS containing the
results and'er conclusions of each such test and/or study; 27 E. The IDENTITY of the custodian of such DOCUMENTS. 28 //
CC2S-10000/0025809.01
23
1 RESPONSE TO INTERROGATORYNO. 23:
2 Union Carbide's Caiidria asbestos was not an asbestos-containing product. Rather it was
3 a unique short-fiber chrysotile asbestos sold in fibrous and pelletized forms to producers and
4 manufacturers for use in their products and production processes. 5 See Union Carbide's responses to Interrogatories No. 21 and No. 22. 6 INTERROGATORY NO. 24: 7 Has THIS DEFENDANT made available to its employees a medical examination 8 program to determine the absence or presence of asbestos-related disease? If so, state: 9 A. Whether chest x-rays or pulmonary function tests were part of such 10 program(s); 11 B. Whether participation in any such program was a mandatory condition of 12 employment or was voluntary; 13 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 14 D. The IDENTITY of the custodian of such DOCUMENTS. 15 RESPONSE TO INTERROGATORY NO. 24: 16 See Union Carbide's Preliminary Statement. Subject to its Preliminary Statement, Union 17 Carbide responds as follows: 18 Union Carbide Corporation has had a long-standing practice of requiring medical 19 < xaminations for employee s, including chest X-rays, and surveillance for asbestos-related 20 disease, as appropriate to particular employee positions or jobs and as subject to applicable 21 collective bargaining agreements and the laws of relevant jurisdictions. The current extensive 22 program evolved over the history ofUnion Carbide. See Union Carbide's response to 23 Interrogatory No. 46, below. 24 Union Carbide's Medical Department was formally organized in 1939. Prior to that. 25 Union Carbide and Union Carbide facilities consulted physicians as appropriate upon need. The 26 medical directors at Union Carbide have included the following individuals for the years 27 respectively indicated below: 28
CC25-10000/0025809 01
24
1
2 Girard Cranch [1938-1945]
3
Thomas Nale 4 [1945-1963]
(4) Thomas A. Lincoln [1978-1985]
(5) T. Guy Fortney [1985-1989]
5 John J. Welsh [1963-1978]
6
(6) Jean B. Case [989-Present]
7 The present duties of Union Carbide's medical director include coordination of all of
8 Union Carbide's medical programs, including employee physical examination programs;
9 recommendations with respect to medical policies, standards and procedures; and administration
10 of medical services at Union Carbide's corporate headquarters, a corporate epidemiology
11 program, a medical program for employees traveling overseas and an alcoholism prevention and
12 treatment program. The medical director reports to the corporate Vice President in charge of
13 Union Carbide's Community and Employment Health, Safety and Environmental Protection
14 Department.
15 In addition. Dr. Hilton Lewinsohn had served as Medical Director, Chemicals & Plastics
16 Group. Dr. Lewinsohn is a recognized expert in asbestos-related medical matters and
17 pathologies.
18 Union Carbide owned and operated the mine and mill for its Calidria asbestos, located in
19 or near King City, California, from 1963 to 1985. No employee has ever filed a worker
20 compensation claim for an asbestos-related disease. Throughout the period of the mine and
21 mill's operation. Union Carbide maintained a program of required, regular medical check-ups,
22 including pulmonary X-rays, which included exams for asbestos-related disease. There has
23 never been any detection of asbestos-related disease among employees or former employees at
24 the Calidria mine and mill. Dr. Duane Hyde, now retired, a former physician in private practice
25 in King City, California, was retained by Union Carbide to provide medical care to Union
26 Carbide's employees. Dr. Hyde is familiar and can verify the lack of incidence of asbestos-
27 related disease among Calidria employees. Moreover, the death certificates of former Calidria
28 employees, which Union Carbide or its successor have reviewed, also record no asbestos-related
CC25-10000/0025809.01
25
1 disease as a cause of death (one former Calidna employee had an unidentified lung disease; two
2 employees at a Union Carbide research laboratory in Niagara Falls, New York, which conducted
3 work with Calidna as well as with other materials, developed asbestos-related diseases).
4 Memoranda and other documents relating to the establishment, implementation, and 5 review of Union Carbide's medical examination programs may presently be maintained within 6 Union Carbide's central repository for asbestos-related documents and in record storage locations 7 at Union Carbide's various facilities. The Custodian of documents for our repository is Virginia
8 Ruszczyk, Kelley Drye & Warren, L.L.P., 101 Park Avenue, New York, New York 10178.
9 Upon plaintiffs request. Union Carbide will make its repository available to plaintiffs for 10 review and replication at a suitable time and place. In addition, results of individual medical
II exams not in the custody of Union Carbide's counsel are maintained by the facilities where the
12 individuals worked at another document repository in Vermont. Ed Debors is the custodian for 13 that repository. Union Carbide will make individual results available to the plaintiffs only upon 14 receipt of a request and waiver of confidentiality from the individual or their next-of-kin. 15 INTERROGATORY NO. 25: 16 Prior to 1973, did any person file a Workers' Compensation claim for asbestos-related 17 injury against THIS DEFENDANT or against any Workers' Compensation insurance carrier 18 which provided coverage for THIS DEFENDANT? If so, state the total number of such claims 19 and, for the first 20 such claims state: 20 A. The date of such claim;
21 B. The name of the claimant;
22 C. The case number; 23 D. The court in which the claim was filed; 24 E. The IDENTITY of THIS DEFENDANTS custodian of DOCUMENTS 25 evidencing such claims. 26 RESPONSE TO INTERROGATORY NO. 25: 27 No employee or worker at Union Carbide's former Calidria mine or mill at King City, 28 California has ever filed a worker's compensation claim for asbestos-related disease. (One former
CC25-10000/0023809.01
26
I employee reported a lung disease of unknown origin and two reports were received from 2 employees at a New York pilot plant which did work with Caiidria as well as other materials.) 3 Indeed, no one at the mine and mill ever reported any incidence of asbestos-related disease. Dr. 4 Duane Hyde, now retired, an independent physician formerly engaged by Union Carbide to 5 provide medical exams and care to employees and workers at the Caiidria mine and mill, is 6 familiar with the lack of incidence of asbestos-related disease or injury among that population. 7 Dr. Hyde still resides in the King City area. 8 Caiidria was mined from a deposit which consisted of a unique form of chrysotile. As a 9 result of its unique properties, Caiidria could not pose the dangers which might be created by 10 asbestos from other deposits. Those properties include the following: Calidria's short fiber 11 length (shorter than any other known chrysotile); The Caiidria deposit's lack of tremolite 12 contamination; Calidria's quick dissolution due to the "weak" fibril structure; and its width and 13 shape. Many of Union Carbide's expert witnesses can testify as to the unique properties of the 14 Caiidria fiber and resulting innocuous biological impact of Caiidria. Additionally, Union 15 Carbide possesses many documents in its repository pertaining to those issues. Upon Plaintiffs' 16 request. Union Carbide will make its repository available for review and replication at a suitable 17 time and place. 18 In spite of the unique, innocuous nature of the Caiidria fiber. Union Carbide has long 19 recognized the desirability of avoiding excessive exposure to dust from any source. Union 20 Carbide took steps to enable customers to minimize or avoid the creation of and exposure to dust 21 from Caiidria. 22 During the early days of Union Carbide's Caiidria business (which began in 1963), 23 medical and industrial health officials at Union Carbide issued asbestos toxicology reports which 24 were distributed to sales and other appropriate personnel. Warning labels were added to Caiidria 25 packages in 1968 and toxicological information first appeared in sales literature in that year. 26 Material Safety Data Sheets were mailed to Caiidria customers beginning in 1972. AIA/NA 27 information pamphlets were made available to customers starting in 1972 and were mailed to 28 customers beginning in 1977 at the latest.
CC25-10000/002J809.01
27
1 The health and safety literature made available and disseminated by Union Carbide to its
2 Calidria customers warned of possible serious adverse health effects associated with the 3 excessive inhalation of asbestos fiber, advised customers on ways to control or avoid such 4 hazards, including the use of respirators as a way to avoid the hazards. In addition to the 5 dissemination of health and safety information. Union Carbide took active steps to help insure 6 that Calidria was handled and used in a clean and safe manner and environment: Union Carbide 7 employed shrink-wrap, tight-fitting packaging to prevent leakage, spillage, or dust emission 8 during the shipment of Calidria. Union Carbide also developed pelletized forms of Calidria 9 which would reduce dust emission. In 1972, Union Carbide offered to take dust counts of the 10 premises of Calidria customers in order to help them maintain a safe working environment, a 11 service which many Calidria customers utilized (Calidria was not sold to the general public or 12 other "end-users", but rather was marketed only to manufacturers or producers who used Calidria 13 in their products or production processes). Dr. Harrison Rhodes, an industrial hygienist, 14 supervised Union Carbide's dust monitoring program. 15 Union Carbide owned and operated its Calidria mine from 1963 to 1985. During that 16 time, Union Carbide employed many employees at the Calidria mine and mill sites at or near 17 King City, (including office workers). No employee has ever filed a worker compensation claim 18 for an asbestos-related disease. Union Carbide maintained a program of regular medical check 19 ups, including pulmonary X-ray, which included exams for asbestos-related disease. There has 20 never been a report of any asbestos-related disease among employees or former employees at the 21 King City site. Dr. Duane Hyde, now retired, a former physician is private practice in King City, 22 California, was retained by Union Carbide to provide medical 23 examinations to Union Carbide's employees, is familiar and can verify the lack of incidence of 24 asbestos-related disease among Calidria employees. Moreover, the death certificates of former 25 Calidria employees, which Union Carbide or its successor have reviewed, also record no 26 asbestos-related disease as a cause of death (one former Calidria employee had an unidentified 27 lung disease; two employees at a Union Carbide research laboratory in Niagara Falls, NY which 28 did work with Calidria as well as other materials, developed asbestos-related diseases).
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1 INTERROGATORY NO. 26:
2 Does THIS DEFENDANT have insurance available to coverjudgment(s) entered against 3 it in asbestos-related personal injury lawsuits? If so, state:
4 A. The name and principal place of business of any insurance carrier who has
5 issued such policy of insurance; 6 B. The number and effective date of each policy; 7 C. The amount(s) of coverage of each policy; 8 D. The applicable dates of coverage. 9 RESPONSE TO TNTERROGA TORYNO. 26: 10 Union Carbide possesses sufficient insurance coverage to enable it to cover the plaintiffs' 11 claims. 12 INTERROGATORY NO. 27: 13 State whether YOU have controlled, purchased, or in any way acquired any controlling 14 interest in any corporation or business entity which has mined, manufactured, produced, 15 processed, compounded, sold, supplied, distributed and/or otherwise placed RAW ASBESTOS 16 or ASBESTOS-CONTAINING PRODUCTS in the stream of commerce. If so, state: 17 A. The name and address of said corporation or business entity; 18 B. The dates YOU controlled, purchased or acquired any interest; and 19 C. The nature of the business as it pertains to asbestos. 20 RESPONSETO INTERROGATORY NO. 27: 21 Union Carbide's Calidria asbestos was not an asbestos-containing product Rather it was 22 a unique short-fiber chrysotile asbestos sold in fibrous and pelletized forms to producers and 23 manufacturers for use in their products and production processes. 24 In 1976 Union Carbide acquired another company which prior to its acquisition by Union 25 Carbide had manufactured a line of mastic sealants, coatings and adhesives, some of which 26 contained small quantities of asbestos. The asbestos fiber in those products was encapsulated by 27 binder ingredients in the production process. The company sold the division which produced 28 these products and ceased producing all asbestos containing products (except for TRE-HOLD, a
CC25-HXXXV0025809.0I
29
1 tree sprout inhibitor) prior to Union Carbide's acquisition of the company. Other companies, in
2 particular the Magnolia Welding Supply Company, Inc. and Gas Technics Gases & Equipment 3 Centers of Eastern Pennsylvania, Inc., acquired by Union Carbide may also have sold asbestos 4 products. 5 No employee or worker at Union Carbide's former Calidria mine or mill at King City, 6 California has ever reported an incidence of asbestos-related disease (this includes a lack of 7 worker compensation filings and reports on death certificates). (One former employee reported a 8 lung disease of unknown origin.) Dr. Duane Hyde, now retired, an independent physician 9 formerly engaged by Union Carbide to provide medical exams and care to employees and 10 workers at the Calidria mine and mill, is familiar with the lack of incidence of asbestos-related 11 disease or injury among that population. Dr. Hyde still resides in the King City area. 12 INTERROGATORY NO. 28: 13 State whether THIS DEFENDANT, between 1930 and 1985, has ever engaged in the 14 following activities with regard to RAW ASBESTOS, and if so, state the inclusive dates of such 15 activity: 16 A. Mining; 17 B. Milling; 18 C. Supply; 19 D. Importing; 20 E. Processing; 21 F. Distribution; 22 G. Marketing; 23 H. Sale; 24 I. Brokering. 25 RESPONSE TO INTERROGATORY NO. 28: 26 To the best of Union Carbide's understanding of this interrogatory, and based upon its 27 present knowledge, Union Carbide responds as follows: 28 A. Yes; 1963-1985
CC23-10000/0025*09.01
30
I B. Yes; 1963-1985
2 C. Yes; 1963-1985 3 D. No. 4 E. Yes; 1963-1985 5 F. Yes; 1963-1985 6 G. Yes; 1963-1985 7 H. Yes; 1963-1985 8 I. No. 9 INTERROGATORY NO. 29: 10 If YOUR answer to any of subparts of Interrogatory 28 regarding RAW ASBESTOS is in 11 the affirmative, state: 12 A. The trade, brand name, and/or generic name of such RAW ASBESTOS 13 milled or MARKETED in any form or quantity between 1930 and 1985; 14 B. The date(s) such RAW ASBESTOS was first placed on the market, 15 including the date(s) such RAW ASBESTOS was first marketed; 16 1. On an experimental basis; 17 2. On a test basis; 18 3. For sale. 19 C. The date(s) such RAW ASBESTOS: 20 1. Ceased to be produced; or 21 2. Was recalled from the market, if ever. 22 D. A description of the chemical composition of such RAW ASBESTOS, 23 including the type and/or grade of asbestos; 24 E. A description of the physical appearance and nature of such RAW 25 ASBESTOS, including any color coding, distinctive marking and/or logo on the packaging or 26 container; 27 F. A detailed description of the intended use of such RAW ASBESTOS, 28 including any temperature limits for each such use;
CC25-10000/0025809.01
31
1 G. Whether such RAW ASBESTOS was on the U.S. Government's 2 "Qualified Products List," and if so, the inclusive dates it was on such list; 3 H. IDENTIFY to whom such RAW ASBESTOS has, at any time, been sold. 4 As to each such, state: 5 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS has, at any 6 time, been sold, shipped, or otherwise distributed, used or installed to or at any COMPANY 7 (including power company or utility), governmental agency or entity, shipyard, distributor, S refinery, contractor, supplier, PREMISE owner or occupant, ship owner, or other PREMISE or 9 site in the GEOGRAPHIC AREA and whether any of THIS DEFENDANTS RAW ASBESTOS 10 has at any time, been sold to any manufacturer, or manufacturing facility, of ASBESTOS11 CONTAINING PRODUCTS. If so, state: 12 1. The names of each such COMPANY, governmental agency or 13 entity, shipyard, distributor, supplier, manufacturer or refinery; 14 2. The inclusive dates of each such sale, and the amount (quantity) 15 and the trade brand name of such RAW ASBESTOS sold; 16 3. The manner of shipment (e.g. boat, rail, etc.) 17 4. Whether you have any records indicating any such sale or shipment 18 and, if so, the name, address and job classification of each person who currently has possession 19 of mch records. 20 5. Either (1) attach all DOCUMENTS evidencing the information 21 sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach
22 disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that
23 they may be made the subject of a request for production of documents. 24 RESPONSE TO INTERROGATORY NO. 29: 25 Union Carbide's Calidria asbestos was not an asbestos-containing product. Rather it was 26 a unique short-fiber chrysotile asbestos mined by Union Carbide and sold in fibrous and 27 pelletized forms to producers and manufacturers for use in their products and production 28 processes.
CC25- I000Q/OQ2S809.01
32
1 Union Carbide sold its asbestos initially as Union Carbide Asbestos and then under the
2 name "Calidria". Union Carbide, however, packaged Calidria asbestos for the Montello
3 Corporation for sale under the trade names of Visbestos, Super Visbestos, Telvis, Imcobest and
4 Univis. Union Carbide also packaged Calidria for the ARCO company for sale under the name
5 Arcovis, and for the International Mines and Chemical Company for sale under the name
6 Surelift. Calidria was also sold domestically in limited quantities under the names Visquick and
7 Oilbestos by distributors which Union Carbide is presently unable to identify. Union Carbide
8 objects to responding to this interrogatory with respect to overseas sales on the grounds that such
9 information is irrelevant and immaterial to matters at issue in this case.
10 A. Calidria
11 B.
1963, for sale.
12 C. Union Carbide sold it's Calidria asbestos business to KCAC Corporation on June 30,
13 1985.
14 D. Calidria, a chrysotile asbestos, is marketed as new asbestos in fibrous and pellet
15 forms. The chemical composition of basic Calidria asbestos is
16 Mg6 (OH)8 Si4 0|0. Various treated forms of Calidria are also sold, and these may have
17 additional chemical components.
18 E. Pellets or fine white powder.
19 F. Calidria asbestos is marketed through non-exclusive distributors to manufacturers
20 who in their manufacturing have a need for asbestos having the qualities of Calidria for use as a
21 filler, reinforcer, opacifier, thixotroper to thickener. Union Carbide is informed and believes that
22 Calidria cannot be used for purposes other than as stated above primarily due to its quality and
23 composition, in particular the naturally-occurring short length of its fibers. Specifically, Calidria
24 asbestos is not suitable for, nor intended for, asbestos cement, insulation, friction products, or
25 textile products.
26 Calidria, due to its unique physical properties, short fiber length in particular, was not
27 suited for use in thermal or frost insulation.
28
CC2J-1000W002JS09.0I
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1 Calidria consisted of raw asbestos which was marketed and sold by Calidria distributors
2 to manufacturers or producers who incorporated and used Calidria in their products or production
3 processes. Calidria was not sold by Union Carbide or, according to the best information
4 available to Union Carbide, by Calidria distributors to consumers or other "end-users". The
5 following is a representative list of different brands of Calidria asbestos and the applications for
6 which they were marketed:
7 Calidria
8 Product______Applications
9
10 SG-100
Vinyl-Asbestos Floor Tile
11
12 SG-130
Masonry Coatings
13
14 SG-200
Rubber Floor Tile
15
16 Super Visbestos
Drilling Muds
17
18 SG-210
Mastics
19 Asphaltic Coatings
20
21 HPP Rubber Sheet Goods
22 Mineral Board (Japan)
23 Paper (Japan)
24
25 HPO Asphaltic Coatings, Adhesives
26
27 RG-110
Asphaltic Spray Coatings
28 Aluminized Coatings
CC25-10000AW25809.0!
34
1 Mastics, Caulks and Sealants
2
3 RG-144
Adhesives (Epoxy, Casim,
4 Phenolics)
5 Coatings
6 Vinyl Plastisois (High Build,
7 Dip Coatings)
8 Mastics, Caulks and Sealants
9 (Vinyl, Butyl, Polysulfide,
10 Bituminous)
11 RG-244
Polyester Resins
12 (Laminating, Gel Coats, Putties)
13 Caulks and Sealants (Vinyl,
14 Butyl, Acrylic, Polyurethane)
15 Coatings (Epoxy, Urethane, Asphaltic)
16
17 In addition to the different markets in which the Calidria products listed above were
18 respectively sold, other brands of Calidria may have been sold within the same markets. Such
19 brands of Calidria were distinguished on the basis of grade (purity of content), form (fibrous or
20 pelletized) or chemical treatment, or a combination of the above.
21 G. No.
22 H. Union Carbide possesses copies of invoices of Calidria sales made by Union
23 Carbide to Calidria customers. Union Carbide also maintains a computer data base of such sales.
24 Since Union Carbide sold its Calidria business in 1985, Union Carbide, at present, can make no
25 representation as to the completeness of its records. The aforementioned constitute the most
26 complete records of Calidria sales currently available to Union Carbide. Union Carbide lacks,
27 however, a record of sales made by Calidria distributors, who accounted for approximately 25%
28 of all Calidria sales.
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35
I Upon plaintiffs request. Union Carbide will make its sales records available to the
2 plaintiff for review and duplication at a suitable time and place. Sales records reviewed by Union 3 Carbide to date indicate that the following sales were made to companies within the "defined 4 geographic area": 5 Kaiser Gypsum, Antioch, from 1970 through 1976; 6 Rich-Tex Corporation, Richmond, from 1970 through 1977; and 7 Fibreboard Corporation, Martinez, in 1972 (40 lb. only) 8 Since 1968, Union Carbide sold Calidria to distributors, who in turn sold to users, in the 9 "defined geographic area." These distributors included Harrison & Crossfield (Pacific), Inc., 10 from 1968 to 1985, and Van Waters & Rogers, in 1970 and 1971. Through these distributors, 11 sales to other companies in the "defined geographic area" have also been made. Records
12 reviewed by Union Carbide to date indicate that such sales were made, in 1984, to the following
13 companies: 14 Adhesive Engineering 15 Asphalt Products Oil Corp. 16 Hyso 1-Dexter 17 Intercoastal Co. 18 Mica-Kote 19 Pronto Plastics 20 Royell, Inc. 21 Seal Tuff Paint Co. 22 Terralite 23 Union City Ind. 24 Hexcel Corp. 25 Further records reflecting sales in the "defined geographic area" for other years since 26 1968 may be in the possession uf Harrison <k Crossfield (Pacific), Inc., Emeryville, CA. 27 I. See Response to H above. 28 Ill
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36
1 INTERROGATORY NO. 30:
2 Between 1930 and 1985, did YOU ever engage in any ofthe activities listed below with 3 regard to ASBESTOS-CONTAINING PRODUCTS? Ifso, state the inclusive dates of such 4 activity: 5 A. Supply; 6 B. Importing; 7 C. Distribution; 8 D. Marketing; 9 E. Sale; 10 F. Labeling; 11 G. Manufacturing; 12 H. Brokering. 13 RESPONSE TO INTERROGATORY NO. 30: 14 Prior to late 1979, Union Carbide or one of its subsidiaries produced a tree sprout 15 inhibitor called TRE-HOLD, which was used primarily to inhibit growth on telephone poles. 16 TRE-HOLD contained a small quantity of asbestos bound in an asphalt carrier, the asbestos in 17 TRE-HOLD was fully encapsulated. 18 Prior to 1976, Union Carbide manufactured Bakelite phenolics, which were molding 19 compound resins. Bakelite phenolics were marketed by Union Carbide for use by manufacturers 20 primarily to mold electronic parts and products such as switches, switch boxes, radios, and plug 21 in receptacles. Most Bakelite phenolics did not contain asbestos. Bakelite was used in part, 22 because it provides electrical insulation. The asbestos fiber in those Bakelite brands which 23 contained it was fully encapsulated or mixed within or with other material. 24 Prior to August 1977, Union Carbide manufactured UDEL Polysulfone P6050, which 25 was an asbestos-containing, high temperature, high rigidity thermoplastic molding material, used 26 primarily in camera cases. The asbestos in UDEL Polysulfone P6050 was fully encapsulated. 27 Union Carbide formerly manufactured automotive radiator products under the names 28 Prestone Antifreeze, Prestone Sealer Stop Leak and Prestone Heavy Duty Sealer. Asbestos
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I ceased to be used as an additive in the antifreeze in 1971 and in the sealers in 1972. The fiber in 2 these products was embedded within a liquid substance. 3 Until 1985, Union Carbide sold or leased acetylene cylinders which contained asbestos 4 liners. The asbestos in the acetylene cylinder liners was encapsulated within liner materials and 5 the liner materials were contained within a metal cylinder. Union Carbide also manufactured a 6 steel "scarfer" machine (used to remove blemishes and imperfections from steel), with parts 7 which contained some asbestos. In the late 1950's or early I960's, Union Carbide may also have 8 experimented with certain asbestos-containing polyethylene and polystyrene products which 9 would have only been sold in limited quantities on an experimental basis. 10 Union Carbide no longer manufactures or sells any of the above products. Union Carbide 11 has never manufactured or distributed an asbestos-containing cement, pipe covering, cloth or the 12 like. 13 From 1963 through June 30,1985 Union Carbide mined and sold a unique short-fiber 14 chrysotile asbestos initially as "Union Carbide Asbestos" and then under the trade name Calidria 15 (some distributors marketed Calidria under other trade names). Calidria was sold, both directly 16 by Union Carbide and through distributors as raw asbestos, in pelletized and fibrous form in 17 varying grades of purity of content. Calidria was not sold to the general public or to "end users". 18 It was sold to manufacturers for use in their products or production processes as a filler, 19 reinforcer, opacifier, thixotrope (thickener) and the like. Calidria asbestos was not suitable for 20 use as standard heat or frost insulation or, for instance, piping, due to its quality and composition, 21 in particular, due to the short length of its fiber. See Union Carbide's response to Interrogatory 22 #29.
23 INTERROGATORY NO. 31:
24 If your answer to any subpart of Interrogatory No. 31 [sic] regarding "ASBESTOS 25 CONTAINING PRODUCTS" is in the affirmative, state: 26 A. The trade, brand name, and/or generic name of each such ASBESTOS27 CONTAINING PRODUCT MARKETED in any form or quantity between 1930 and 1985; 28
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1 B. The date(s) each such ASBESTOS-CONTAINING PRODUCT was first
2 placed on the market, including the date(s) each such ASBESTOS-CONTAINING PRODUCT 3 was first MARKETED; 4 1. On an experimental basis; 5 2. On a test basis; or 6 3. For sale. 7 C. The date(s) each such ASBESTOS-CONTAINING PRODUCT; 8 1. Ceased to be produced; or 9 2. Was recalled from the market, if ever. 10 D. A detailed description of the chemical composition of each such
11 ASBESTOS-CONTAINING PRODUCT, including the type and/or grade of asbestos and/or
12 asbestos fiber contained in each such product and the quantitative percentage of asbestos or 13 asbestos fiber such product, and all non-asbestos components of the ASBESTOS-CONTAINING 14 PRODUCT, and if the chemical composition changed over time, the inclusive dates of each 15 formulation; 16 E. A description of the physical appearance and nature of each such 17 ASBESTOS-CONTAINING PRODUCT, including any color coding, distinctive marking and/or 18 logo, either on the product or on the packaging; 19 F. A detailed description of the intended us. of each such ASBESTOS20 CONTAINING PRODUCT, including any temperature limits for each such use; 21 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on the 22 U.S. Government's "Qualified Products List," and if so, the inclusive dates it was on such list; 23 H. The name and address of the supplier of the RAW ASBESTOS used in 24 each such product and the time period of such supply; 25 I. Whether any of THIS DEFENDANTS RAW ASBESTOS OR 26 ASBESTOS-CONTAINING PRODUCTS have, at any time, been sold, shipped, or otherwise 27 distributed to any COMPANY (including power company or utility), governmental agency or 28
CC23-t0O0GAX)25!09.OI
1 entity, shipyard, distributor, refinery, contractor, supplier, manufacturer, PREMISE owner or 2 occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA. If so, state: 3 1. The names of each such COMPANY, governmental agency or 4 entity, shipyard, distributor, supplier, manufacturer, refinery, contractor, PREMISE owner or 5 occupant, ship, owner, PREMISE or site; 6 2. The inclusive dates of each such sale, shipment, distribution, use or 7 installation and the amount (volume) and the trade or brand name of each such ASBESTOS8 CONTAINING PRODUCT sold; 9 3. Whether you have any records indicating any such sale, shipment, 10 distribution, use or installation and, if so, the name, address and job classification of each person 11 who currently has possession of such records. 12 J. Either (1) attach all DOCUMENTS evidencing the information sought in 13 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 14 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 15 may be made the subject of a request for production of documents. 16 RESPONSE TO INTERROGA TORYNO. 31: 17 Union Carbide's Calidria asbestos was not an asbestos-containing product Rather it was 18 a unique short-fiber chrysodie asbestos sold in fibrous and pelletized forms to producers and 19 nanufacturers for use in their products and production processes. 20 See Union Carbide's response to Interrogatory #30, above. 21 INTERROGATORY NO. 32: fPREMISES DEFENDANTS onhh: 22 Did YOU install, remove, or handle or contract to have others install, remove, or handle 23 RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at any PREMISES in the 24 GEOGRAPHIC AREA which PREMISES is at issue as to YOU in San Francisco Superior Court 25 asbestos litigation as of the date of your answers to these interrogatories? If so: 26 A. IDENTIFY the PREMISES. 27 B. For each of the PREMISES: 28 1. State the nature of your ownership or possessory interest;
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1 2. State the inclusive date of that interest;
2 3. IDENTIFY the party from whom that interest was acquired; 3 4. IDENTIFY the party, if any, to whom that interest was transferred. 4 C. IDENTIFY every contract to which YOU were a party or of which you 5 have knowledge wherein the performance of such contract involved the installation, removal, 6 disturbing or handling of any RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at 7 YOUR PREMISES. For each such contract: 8 1. IDENTIFY the parties to the contract; 9 2. Provide a general description and specific location of the work to 10 be performed by each party to the contract; 11 3. IDENTIFY and describe the NATURE of the RAW ASBESTOS 12 or ASBESTOS-CONTAINING PRODUCTS installed, removed, disturbed or handled in the 13 performance of the contract; 14 4. State the dates of the contract and the dates of performance; 15 D. Except as provided in response to subpart (c), has any work other than 16 routine maintenance been done on or to the PREMISES that involved the installation, removal, 17 disturbing or handling of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If 18 so, for each instance: 19 1. State the inclusive dates of the work; 20 2. Provide a general description and specific location of the work; 21 3. State whether the work was done by YOU and/or YOUR 22 employees; 23 4. IDENTIFY and describe the NATURE of the RAW ASBESTOS 24 or ASBESTOS-CONTAINING PRODUCTS installed, removed, handled or disturbed; 25 5. IDENTIFY from whom the RAW ASBESTOS OR ASBESTOS26 CONTAINTNG PRODUCTS were acquired. 27 E. Has any asbestos abatement effort been made at the PREMISES? If so, 28 for each such effort:
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1 1. IDENTIFY who did the work;
2 2. State the inclusive dates thereof; 3 3. State whether samples were taken, and, if the samples still exist, 4 IDENTIFY the custodian of the samples; 5 4. State whether any material was tested, and, if so, what were the 6 result of each test; 7 5. IDENTIFY each test result with sufficient particularity for 8 purposes of request for production of documents, or, in the alternative, attach a copy to YOUR 9 answers to these interrogatories. 10 F. Except for insurance coverage litigation, have you filed suit against, or 11 otherwise sought to recover from, any person or entity for some or all of the cost of asbestos 12 abatement or for the property damage allegedly caused by the presence of RAW ASBESTOS or 13 ASBESTOS-CONTAINING PRODUCTS on the PREMISES identified in response to subpart 14 (A) above?If so: 15 1. IDENTIFY the person or entity against whom YOU have filed suit 16 or otherwise sought to recover, 17 2. If YOU have filed suit, state the court in which the action was 18 filed, the date on which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel of 19 record; 20 3. State whether or not the case has been resolved, and, if so, what 21 was the status of disposition. 22 G. Either (1) attach all DOCUMENTS evidencing the information sought in 23 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 24 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 25 may be made the subject of a request for production of documents. 26 H. IDENTIFY the person(s) presently most knowledgeable about the 27 information sought in this interrogatory or its subparts. 28 Ill
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I RESPONSE TO INTERROGATORYNO. 32: 2 Not applicable. 3 INTERROGATORY NO. 33: (CONTRACTOR DEFENDANTS only); 4 At any time between 1930 and 1985, did YOU hold a contractor's license in the State of 5 California? If so: 6 A. IDENTIFY each license by type, date and number. 7 B. If on the date of your answers YOU are a defendant in four or more 8 asbestos actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU 9 performed (directly or through one or more subcontractors) during this time period for work in 10 any PREMISES which is at issue as to YOU on such date, and in any PREMISES of 50,000 11 square feet or more in the GEOGRAPHIC AREA which job or contract involved installation, 12 removal, disturbing or handling RAW ASBESTOS or ASBESTOS-CONTAINING 13 PRODUCTS. (Alternatively, at your option, you may IDENTIFY each job or contract YOU 14 performed (directly or through one or more subcontractors) during this time frame for all work, 15 or for all work on PREMISES of 50,000 square feet or more, in the GEOGRAPHIC AREA.) As 16 to each such job or contract: 17 1. IDENTIFY the location (including name of ship, if applicable) the 18 job or work was performed; 19 2. State the date of the contract or the inclusive dates of the work; 20 3. IDENTIFY the person or entity with whom you contracted; 21 4. State yourjob or contract number. 22 C. If on the date of your answers you are not a defendant in four or more 23 asbestos actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU 24 performed (directly or through one or more subcontractors) during this time period for work in 25 any PREMISES which is at issue as to YOU on such date. As to each such job or contract: 26 1. IDENTIFY the location (including name of ship, if applicable) the 27 job or work was performed; 28 2. State the date of the contract or the inclusive dates of the work;
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1 3. IDENTIFY the person or entity with whom you contracted; 2 4. State your job or contract number. 3 RESPONSE TO INTERROGATORYNO. 33: 4 Not applicable.
5 INTERROGATORY NO. 34:
6 Did any of the distributors identified in your Answer to Interrogatory Nos. 29 and 31 7 have an exclusive distributorship? If so, state the relevant time period. 8 RESPONSE TO INTERROGA TORYNO. 34: 9 No, according to the best information presently available to Union Carbide. 10 Approximately three-quarters of Calidria sales were made directly by Union Carbide. 11 Distributors accounted for the remaining approximate 25% of all Calidria sales. Union Carbide, 12 however, no longer mines or sells Calidria and thus no longer maintains Calidria distributors. 13 The following is a list of former Calidria distributors which Union Carbide has been able to 14 identify: 15 Presently Known Former Calidria Distributors ('1963-1985) 16 1) Allied Resin Corporation 17 2) American Industrial Chemical Corporation 18 3) Bouffard Associates 19 4) A.T. Callas Company 20 5) D. & F. Distributing, Inc. 21 6) Harrisons & Crosfield ('Canada) 22 7) Harrisons & Crosfield (Pacific) 23 8) Lenape Chemicals, Inc. 24 9) Technical Petroleum Company 25 10) Technical Products, Inc. 26 11) Montello, Inc. 27 12) Harwick Chemical Corp. 28 13) Plastex, Inc.
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44
1 14) Union Carbide International 2 15) Western Chemical & Manufacturing Company 3 16) McKesson Chemicals, Inc. 4 17) Apperson Chemicals, Inc. 5 18) Amsco Division - Union Oil Company of Calif. 6 19) Hamblet & Hayes Co. 7 20) Marco Chemical Division - W. R. Grace & Company 8 21) Wonder S tate Industries 9 22) The Permutit Co., Inc. 10 23) Van Waters and Rogers 11 24) Ambrosia Industrial, Inc. 12 25) Southern Fiberglas Supply 13 INTERROGATORY NO. 35: 14 If THIS DEFENDANT entered into any agreements for the rebranding of any 15 ASBESTOS-CONTAINING PRODUCTS by THIS DEFENDANT for resale or distribution by 16 another person or entity, describe each agreement's terms and the parties to said agreement, the 17 duration of the agreement, and name of each product(s) and/or material(s) covered by each such 18 agreement. 19 RESPONSE TO INTERROGATORYNO. 35: 20 Union Carbide entered into no such agreement. See Union Carbide's response to 21 Interrogatory #20. 22 INTERROGATORY NO. 36: 23 If THIS DEFENDANT entered into any agreements for the rebranding of ASBESTOS24 CONTAINING PRODUCTS manufactured, sold, supplied or distributed by another person or 25 entity for resale or distribution by YOU, describe each of the agreements and the parties to said 26 agreement, the terms, the duration, and the names of each produces) and/or material(s) covered 27 by each such agreement. 28 Ill
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45
1 RESPONSE TO INTERROGATORY NO. 36:
2 See Union Cabide's response to Interrogatory #35, including all objections set forth 3 therein. 4 INTERROGATORY NO. 37: 5 As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING PRODUCT 6 listed in YOUR responses to Interrogatories Nos. 29 and 31 did DEFENDANT warn of the 7 health hazards of asbestos? If so, state for each such warning: 8 A. The content, size, color, and location; whether the warning appeared on 9 the material and/or on the container, and/or was placed on a tag; whether the warning was 10 included in contracts; whether the warning was included in advertising or other promotional 11 materials. 12 B. State whether you have any photographs thereof; 13 C. The inclusive dates on which you used each such warning; 14 D. State all changes you made in such warnings and the dates of such 15 changes; and 16 E. Identify the person most knowledgeable about your warnings and warning 17 policy. 18 RESPONSE TO INTERROGATORY NO. 37: 19 Union Carbide's Calidria asbestos was not an asbestos-containing product. Rather it was 20 a unique short-fiber chrysotile asbestos sold in fibrous and pelletized forms to producers and 21 manufacturers for use in their products and production processes. 22 A - D) Calidria could not cause harm associated with other asbestos. See Union 23 Carbide's response to Interrogatory #25. Nevertheless, Union Carbide still took steps to prevent 24 or minimize exposure to Calidria dust. Calidria was packaged in brown Kraft paper bags which 25 were individually shrink-wrapped in plastic, placed on pallets and the entire pallet of bags was, 26 in turn, shrink- wrapped in plastic. From 1975 to 1985, the shrink-wrapped pallets of CALIDRIA 27 pellets and fiber wholly contained within the double shrink-wrapped bags were placed in air-tight 28 metal containers which were, in turn, sealed.
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I Union Carbide printed two cautionary statements on its CALIDRIA packaging. The first 2 cautionary statement was first used in June of 1968 and read as follows: "Warning: Breathing 3 dust may be harmful. Do not breathe dust." 4 The second cautionary statement was prescribed by OSHA in 1972 and was first printed 5 on CALIDRIA packaging in that year. This cautionary statement read as follows: 6 "Caution. Contains asbestos fibers. Avoid creating dust. Breathing asbestos dust may 7 cause serious bodily harm." 8 During the early days of Union Carbide's Calidria business (which began in 1963), 9 medical and industrial health officials at Union Carbide issued asbestos toxicology reports which 10 were distributed to sales and other appropriate personnel. Warning labels were added to Calidria 11 packages in 1968 and toxicological information first appeared in sales literature in that year. 12 Material Safety Data Sheets were mailed to Calidria customers beginning in 1972. ALA/NA 13 information pamphlets were made available to customers starting in 1972 and were mailed to 14 customers beginning in 1977 at the latest. 15 The health and safety literature made available and disseminated by Union Carbide to its 16 Calidria customers warned of possible serious adverse health effects associated with the 17 excessive inhalation of asbestos fiber, advised customers on ways to control or avoid such 18 hazards, including the use of respirators as a way to avoid the hazards. In addition to the 19 dissemination of health and safety information. Union Carbide took active steps to help insure 20 that Calidria was handled and used in a clean and safe manne: and environment: Union Carbide 21 employed shrink-wrap, tight-fitting packaging to prevent leakage, spillage, or dust emission 22 during the shipment of Calidria. Union Carbide also developed pelletized forms of Calidria 23 which would reduce dust emission; and starting in 1972, Union Carbide offered to take dust 24 counts of the premises of Calidria customers in order to help them maintain a safe working 25 environment, a service which many Calidria customers utilized (Calidria was not sold to the 26 general public or other "end-users", but rather was marketed only to manufacturers or pruuuccis 27 who used Calidria in their products or production processes). Dr. Harrison Rhodes, an industrial 28 hygienist, supervised Union Carbide's dust monitoring program.
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i
1 Upon plaintiffs request. Union Carbide will make copies of results of such dust counts
2 available to the plaintiff for review and duplication at a suitable time and place. 3 See also Union Carbide's response to Interrogatory #41. 4 (E) John Myers has been involved in various aspects of Union Carbide Corporation's 5 Calidria asbestos business since 1966, and has familiarity with many facets of the business and 6 of the Calidria product. From 1970-1981, Mr. Myers held the Metals Division position of 7 Marketing Manager-[for] asbestos. From 1981 until June 30, 1985, he served in the Metals 8 Division as Product and Production Manager-[for] asbestos. John Myers is no longer employed 9 by Union Carbide. 10 INTERROGATORY NO. 38: 11 With respect to each of YOUR ASBESTOS-CONTAINING PRODUCTS, state whether 12 THIS DEFENDANTS name, a trademark, logos, color coding, or other identifying markings 13 ever appeared on the actual product itself. If so, IDENTIFY each such product, state when the 14 practice to place such identifying markings upon the product was begun and when it ended, if 15 applicable, and describe in detail the pertinent marking(s) and the purpose, if any, of such 16 markings. 17 RESPONSE TO INTERROGATORY NO. 38: 18 Union Carbide's Calidria asbestos was not an asbestos-containing product. Rather it was 19 a unique short-fiber chrysotile asbestos sold in fibrous and pelletized forms to producers and
! manufacturers for use in their products and production processes. 20 21 Union Carbide formerly mined CALIDRIA chrysotile asbestos and generally sold the 22 asbestos in a pelletized form and occasionally in a white powder form. There was no Union 23 Carbide trademark or any other trademark or writing placed on the "actual product itself (i.e. the 24 pellets or the powder). See Union Carbide's response to Interrogatory #29. 25 INTERROGATORY NO. 39: 26 Between the years 1930 to 1985, did THIS DEFENDANT purchase or otherwise acquire 27 ASBESTOS-CONTAINING PRODUCT lines from another person or entity? If so, state for 28 each such purchase:
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1 A. Date of purchase or acquisition; 2 B. Terms of purchase or acquisition agreement; 3 C. Either (1) attach all DOCUMENTS evidencing said acquisition, or (2) 4 attach disks containing such data, or (3) describe such DOCUMENTS with sufficient 5 particularity that they may be made the subject of a request for production of documents. 6 D. Trade, brand, and/or generic name of each such product line so acquired; 7 E. Name of the person or entity from whom YOU purchased or acquired each 8 such ASBESTOS-CONTAINING PRODUCT line; and 9 F. Location of any manufacturing facilities so acquired, and the type of 10 ASBESTOS-CONTAINING PRODUCTS manufactured therein. 11 RESPONSE TO INTERROGATORYNO. 39: 12 See Response to Interrogatory No. 27.
13 INTERROGATORY NO. 40:
14 Between the years 1930 to 1985, did THIS DEFENDANT sell any ASBESTOS15 CONTAINING PRODUCT line to another person or entity? If so, state for each such sale: 16 A. Date of sale; 17 B. Terms of sales agreement;. 18 C. Either (1) attach all DOCUMENTS evidencing said sale, or (2) attach 19 disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that 20 they may be made the subject of a request for production of documents. 21 D. Trade, brand, and/or generic name of each such product line sold; 22 E. Name of person or entity to whom you sold each such ASBESTOS23 CONTAINING PRODUCTS line; and 24 F. Location of any manufacturing facilities so sold, and the type of 25 ASBESTOS-CONTAINING PRODUCTS manufactured therein. 26 Ill 27 III 28 III
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1 RESPONSE TO INTERROGATORY NO. 40: 2 Union Carbide's Calidria asbestos was not an asbestos-containing product Rather it was 3 a unique short-fiber chrysotile asbestos sold in fibrous and pelletized forms to producers and 4 manufacturers for use in their products and production processes. 5 See Union Carbide's response to Interrogatory #29. In 1985, Union Carbide sold its 6 Calidria business to KCAC, Inc.
7 INTERROGATORY NO. 41;
8 IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to 9 ASBESTOS-CONTAINING PRODUCTS and/or RAW ASBESTOS which THIS 10 DEFENDANT manufactured, sold, distributed or supplied from the year 1930 to 1985. For each 11 such document, state: 12 A. A description of the document; 13 B. The year it was printed; 14 C. The period of time in which it was used; 15 D. The purpose of such document; 16 E. Whether the documents or copies of said documents presently exist; 17 F. I said documents or copies still exist, where they are located; and 18 G. The IDENTITY of the custodian of such documents. 19 RESPONSE TO INTERROGATORY NO. 41: 20 Union Carbide's Calidria asbestos was not an asbestos-containing product. Rather it was 21 a unique short-fiber chrysotile asbestos sold in fibrous and pelletized forms to producers and 22 manufacturers for use in their products and production processes. 23 (A) - (D) Set forth below is an itemized listing of brochures and materials which Union 24 Carbide made available to its customers, potential customers, and distributors from time to time 25 regarding CALIDRIA asbestos. These materials, which were designed to impart information 26 about ilic nature, use, and handling of the various CALIDRIA forms, may no longer be in use in 27 some cases and copies thereof may no longer be in Union Carbide's possession, custody, or 28 control.
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1 I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 123B. 21 22 23 24 1297. 25 26 II. 27 28
GENERAL A. - "Calidria" Booklet. B. - Asbestos Fibers - REB. C. - Business Reply Card. D. - Rubber Booklet. E. - Grinding Asbestos Pellets. F. - FDA Status-Asbestos in Paper. G. - New Additives Induce Thixotropy - Reprint ofJLM. H. - New Idria Chrysotile An Unusual Ore Yields New Products - RGW. I. - Cationic Asbestos for Waste Water. J. - Asbestos Products for Oil Pollution Control. K. - Zeta Potentials of Some Minerals. L. - US Patent Office RGW - Waste and Water Treatments. M. - Mineralogy of the Coalinga Asbestos Deposit - FAM & CST. N. - Bulk Handling Demonstration. O. - Electron Micrograph Illustrations. P. - Asbestos Magazine Reprint - JLM - Pellets. Q. - Rubber World Reprint. R. - Suggested Primer Sealer for Masonry and Weathered Roofing, 3JG-
S. - Suggested Exterior White Hi-Build FlexibleCoating, 3JG-124B. T. - Suggested Exterior White Insulating Roof Coating, 3JG-121B. U. - Suggested Weather-Barrier Roof Coating and Lagging Compound, E-
RESIN GRADE PRODUCTS A. - General
1. "Calidria" RG-144 & RG-244.
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1
2 3 4 5 6 7 RG-144. 8 9 10 11 12 13 14 15 16 Markers. 17
18 19 20 21 22 23 24 25 26 27 28
2. Use of Cowles Dissolver. 3. "Calidria" RG Products for Vinyl Plastisol Sealant Applications. 4. "Calidria" Asbestos fora High Build Dip Coating Plastisol NF-12 5. "Calidria" RG-144 & RG244 Asbestos in PVC Plastisols.
6. Rubber Research Elastomerics.
7. Plasticizer Viscosity Control with "Calidria" Asbestos RG-244 &
B - RG-110 (Price Schedule) 1, Viscosity Control Agent for Asphaltic Compounds. 2. Polyester Premixes Comparative Cost & Performance Data.
C - RG-144 (Price Schedule) 1. RG-144 Brochure. 2. RG-144 Performance Data. 3. RG-144 Product Characteristics. 4. RG Asbestos Improves Thixotropic Properties of Highway
5. PVP Reprint. 6. Asbestos Beefs Up Plastics & Adhesives to Extend Their Use. D - RG-244 (Price Schedule) 1. RG-244 Brochure. 2. RG-244 Comparative Performance Characteristics. 3. RG-244 Product Characteristics & Specifications. 4. Ultrasonic Dispersion of RG-244. 5. RG-244 as a Thixotrope for Polyester Resins. 6. Polyester Putty & Patching Compounds. 7. "Epoxy Coai Tar Coatings." 8. "Chlorinated Rubber Roofing Compound." 9. High Build Vinyl Maintenance Paints.
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1 10. Zinc-Rich Primers.
2 11. Vinyl Coal Tar Formulation Suggestions. 3 12. Formulating Plastisol Sealants with Silane Adhesion Promoters. 4 13. RG-244 Health Brochure. 5 E - RG-600 Brochure 6 1. Cost Effectiveness Optimization of Reinforced Polyolefins; 7 10/4/76 (Ancker & Leung).
g 2. RG-600 Inquiry Form.
9 3. Coupled Chrysotile Asbestos Reinforced Thermoplastics (Ancker). 10 4. RG-600 Request Form. 11 5. RG-600 Patent Literature - 3,938,278 December 23, 1975. 12 6. RG-600 Health Brochure. 13 7. Reinforced Polyolefins for Large Structural Foam Parts; 2/8-11/77. 14 8. Structural Foam is launched into an era of great diversification; 15 August 1976. 16 III. STANDARD GRADE PRODUCTS 17 A - General 18 1. "Calidria" Asbestos Standard Grade Products, Typical Properties. 19 B - SG-100 (Price Schedule) 20 1. SG-100 "Calidria" Asbestos for use in Vinyl and Asphalt Floor 21 Coverings. 22 2. SG-100 Saves Up to One-Half (1/2) the Amount of Asbestos. 23 3. Flintkote Report. 24 C - SG-1130 (Price Schedule) 25 D - SG-200/SG200X (Price Schedule) 26 E - 1. SG-200/SG-200X Product Characteristics 27 F - SG-210 (Price Schedule) 28 1. ''Calidria1' Asbestos SG-210 for Dry Mix Tape Joint Compounds.
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53
1 2. TJC Brochure.
2 3. UCAR Latex 153 for Water-Based Caulks and Sealants. 3 4. Typical Product Characteristics and Specifications Sg-210. 4 5. Suggested Interior Texturing or Exterior Spackling Formulation 5 (17-CHR-41). 6 IV. HIGH PURITY 7 A - General 8 1. Effects of Chrysotile Asbestos Additions to Cellulosic Paper 9 RGW. 10 2. "Calidria" High Purity Asbestos for Porosity Control, Pinhole 11 Reduction, and Improvement in Two-Sidedness. 12 3. Properties of Asbestos Suitable for Use in Cellulosic Paper. 13 4. How High Purity Asbestos is used for Pitch Control in 14 Papermaking. 15 5. Paper Trade Journal - Asbestos Product Aids Retention, Boosts 16 Opacity and Disperses Pitch. 17 6. "Calidria" Asbestos for Paper Coatings. 18 B - High Purity Open (Price Schedule for HPO & HPP) 19 1. Typical Product Characteristics for HPO. 20 2. The Trial of Calidria HPO in New Rochelle Water Pollution 21 Control Plant 22 3. Addition Rates for HPO in Primary Water Treatment. 23 4. Suggested Dark Green Acrylic Tennis Court Topcoat E-1400. 24 C - High Purity Pellets 25 1. Typical Product Characteristics for HPP. 26 V. TITANATED PRODUCTS 27 A - T-135 (Price Schedule) 28 1. T-135 Opacifying Agent
CC2S-10000/0025809.01
54
1 2. "Calidria" Asbestos T-135 for Viscosity Control & Pigmentation.
2 3. T-135-0 for Spray Acoustic & Texture Compounds. 3 4. Chemical 26 Reprint - Checking Opacity. 4 VI. COATING GRADES 5 A - OG-135 (Price Schedule) 6 VII. DRILLING 7 A - Oil and Gas Journal Reprint 8 In addition, the following material, some of which is listed above in the 9 form of brochures, articles or addresses, has been prepared: 10 1. "CALIDRIA Asbestos RG-244 - An Economical Effective 11 Thickener and Thixotrope for Polyester Risins, Plastisols, Epoxies, Phenolic Adhesives 12 Organosols" - 9/70. 13 2. "CALIDRIA Asbestos, Resin-Grade 144, an Effective Low Cost 14 Thickening Agent and Thixotrope for Epoxy Resin Systems" - 7/71. 15 3. "CALIDRIA Asbestos Resin-Grade -144 and Resin-Grade 244." 16 4. "CALIDRIA Asbestos, Low Cost Highly Effective Reinforcer and 17 Filler for Rubber, Two Grades: High-Purity and T-135" -10/70. 18 5. "CALIDRIA Asbestos, a Unique and Versatile Fiber with Proven 19 Applications as an Extender, Thickener, Reinforcer, Opacifier - 5/74. 20 6. "New Additives Induce Thixotropy, Provide Sag and Viscosity 21 Control," presented by John L. Myers to Western Coatings Technology Society Meetings in 22 Denver, Los Angeles, San Francisco, Portland, Seattle and Vancouver, in May 1969. 23 7. "Asbestos," by Robert E. Byme, Jr., Area Manager, CALIDRIA 24 Asbestos Marketing and Technology, Mining and Metals Division, Union Carbide Corporation, 25 published March, 1972 in Modem Plastics Encyclopedia, McGraw-Hill, Inc. 26 VIII. HEALTH AND SAFETY 27 A - General 28
CC2M0OOOrt)O2ttO9.Ol
55
1 1. "Material Safety Data" for CALIDRIA Asbestos published 2 September 1, 1972 and revised September 1, 1976 by Union Carbide Corporation. 3 2. "Chrysotile Asbestos in Plastics," presented May 14, 1974 at the 4 32nd annual technical conference of the Society of Plastics Engineers at San Francisco, by John 5 L. Myers, Marketing Manager, Asbestos, Union Carbide. 6 3. "Handling Asbestos - Chrysotile Asbestos in Plastics," June 16, 7 1975, by John L. Myers, Marketing Manager, Asbestos, Union Carbide. 8 4. 'Grinding CALIDRIA Asbestos Pellets," by Robert E. Byrne, Jr., 9 Area Manager, CALIDRIA Asbestos, Marketing and Technology, Mining and Metals Division, 10 Union Carbide Corporation. 11 5. Brochure 'CALIDRIA' Asbestos Pellets - Health and OSHA 12 Information, published November 1,1977 by Metals Division, Union Carbide Corporation, 13 Niagara Falls, New York. 14 6. "Consumer Safety in Plastics Systems Containing Bound Asbestos 15 Fibers," presented on November 9, 1977 at the NATEC meeting of the Society of Plastics 16 Engineers at Denver by Dr. H.B. Rhodes, Manager Marketing Services - Asbestos, Union 17 Carbide. 18 B - RG-244 19 1. Brochure "'CALIDRIA' Asbestos RG-244 - Health and OSHA 20 Information," published February 1, 1975 and revised October 1, 1977 by Marketing and 21 Technology Department, Mining and Metals Division, Union Carbide Corporation, Niagara 22 Falls, New York. 23 2. "'CALIDRIA' Asbestos RG-244 - Typical Chemical Analysis," 24 date of publication unknown. 25 Union Carbide no longer maintains records regarding the advertisements it 26 may have placed promoting CALIDRIA asbestos prior to 1966. Therefore, Union Carbide has 27 answered this interrogatory insofar as it has records. 28
CC2M00OQ/O025SO9.O1
56
1 Union Carbide has advertised CALIDRiA asbestos and its applications in
2 several trade journals. In response to subparts (a), (b), (c) and (d) of this interrogatory, Union
3 Carbide provides the following:
4 "Calidria" Asbestos
5 Journal Advertising Summary
6
7 Journal
8 "Chemical 26"
9 "Chemical 26"
10 "TAPPI"
11 "TAPPI"
12 "TAPPI"
13 14 "TAPPI"
15 "TAPPI"
16 "TAPPI"
17 "TAPPI"
18 "TAPPI"
19 "TAPPI"
20 "TAPPI"
Panels}
Unknown 17 44A-45A 141A 155A 157A 149A 151A 153 A 131A 133A 133A
Date/s') 7/66 9/66 2/66 3/66 12/66 12/66 1/67 1/67 1/67 2/67 2/67 267
Photographs Or Diagrams Yes Yes 1
Yes Yes No Yes |
N Yes I
Yes Yes Yes Yes
21 "Pulp & Paper"
Unknown
5/2/66
Yes
22 "Pulp & Paper"
Unknown
5/2/66
Yes
23 "Pulp & Paper"
15
6/20/66
Yes
24 "Pulp & Paper"
9
11/21/66
Yes
25 "Pulp & Paper"
11
11/21/66
Yes
26 "Pulp & Paper" 27 "Pulp & Paper" 28 1 "Pulp & Paper"
55 57 45
12/5/66 12/5/66 12/19/66
No Yes Yes
CC23-1OCWV0025809 01
57
1
"Pulp & Paper"
2
79
3 "Pulp & Paper" 81
4
5 "Pulp & Paper" 83
6 "Pulp & Paper" 65
7
"Paper Trade
4-5
8 Journal"
9
"Paper Trade
37
10 Journal"
11
"Paper Trade
35
12 Journal"
13
"Paper Trade
37
14 Journal"
15
"Paper Trade
83
16 Journal"
17
"Paper Trade
35
18 Journal"
19 "Oil & Gas &
20 Petro-Chemical Unknown
21 Equipment"
22
Petroleum
Unknown
23 Equipment &
24 Services"
25 "Drilling DCW" Unknown
26
"Petroleum
Unknown
27 Engineer"
28
"Rubber Red
Unknown
CC25-1000070025809.01
58
1/30/67
No
1/30/67 1/30/67 2/20/67 3/7/66
1/9/67
2/6/67
2/6/67
2/20/67
2/20/67
Yes Yes Yes Yes
Yes
No
Yes
No
Yes
10/66 10/66
Yes1 Yes'
11/66 10/66
Yes1 Yes1
1974 & 1975
Yes
I 1 Book".___________________________________
2 1 This ad placed by Montello, Inc., a Union Carbide Distributor.
3 2 This ad placed by Harwick Chemical, a Union Carbide Distributor.
4
|
5 (E) Yes, in most cases. 6 Union Carbide's custodian of record for asbestos-related documents is Mrs. Virginia 7 Ruszczyk, Kelley, Drye & Warren LLP, 101 Park Avenue, New York, NY 10178. 8 INTERROGATORY NO. 42: 9 State if YOU have or had within YOUR corporate or other business structure any 10 CONTRACT UNITS. II RESPONSE TO INTERROGATORY NO. 42: 12 The Caiidria business had no "contract units". Union Carbide sold Calidria directly or 13 through distributors to producers and manufacturers for use in their products or production 14 processes. See Union Carbide's response to Interrogatory #29. 15 INTERROGATORY NO. 43: 16 State whether or not any of YOUR CONTRACT UNITS installed and/or removed RAW 17 ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS in the GEOGRAPHIC AREA at 18 any between 1930 and 1985. If so: 19 A. State the business addresses and name of the CONTRACT UNIT; 20 B. State the inclusive periods of time the CONTRACT UNITS were working 21 in GEOGRAPHIC AREA; 22 C. State the name and address of each job site within the GEOGRAPHIC 23 AREA the dates the CONTRACT UNIT worked at those job sites, and IDENTIFY the RAW 24 ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS installed or removed on each 25 occasion; 26 D. Either (1) attach all DOCUMENTS evidencing the information sought in 27 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 28
CC25-10000/0025X09.01
59
I containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
2 may be made the subject of a request for production of documents. 3 RESPONSE TO INTERROGATORYNO. 43: 4 See Union Carbide's response to Interrogatory #42. 5 INTERROGATORY NO. 44: 6 When do YOU contend that THIS DEFENDANT first became aware that there is an 7 association between asbestos exposure and disease in human beings? 8 RESPONSE TO INTERROGA TORY NO. 44: 9 Union Carbide's knowledge concerning potential health hazards possibly associated with 10 excessive asbestos fiber inhalation developed gradually. Sources of information as to possible 11 health concerns of which Union Carbide is presendy aware included general and scientific 12 literature on the topic and reports or memoranda by Union Carbide employees. Upon the 13 plaintiffs request, copies of such reports and memoranda, which Union Carbide has located, will 14 be made available at a suitable time and place for review and duplication by the plaintiff. 15 Union Carbide recognizes that the excessive inhalation of asbestos fiber may be 16 associated with the development of serious and potentially fatal disease. Union Carbide also 17 understands that the onset and development of such disease in a person may be related to and 18 affected by, among other factors, the particular type of fiber that is inhaled, cigarette smoking, 19 and environmental conditions, in addition to the person's medical'history and condition. 20 Calidria was mined from a deposit which consisted of a unique form of chrysotiie. As a 21 result of its unique properties, Calidria could not pose the dangers which might be created by 22 asbestos from other deposits. Those properties include the following: Calidria's short fiber 23 length (shorter than any other known chrysotiie); The Calidria deposit's lack of tremolite 24 contamination; Calidria's quick dissolution due to the "weak" fibril structure; and its width and 25 shape. Many of Union Carbide's expert witnesses can testify as to the unique properties of the 26 Calidria fiber and resulting innocuous biological impact of Calidria. Additionally, Union 27 Carbide possesses many documents in its repository pertaining to those issues. Upon Plaintiffs' 28
CC25-10000AX325809.01
60
1 request. Union Carbide will make its repository available for review and replication at a suitable 2 time and place. 3 In spite of the unique, innocuous nature of the Calidria fiber, Union Carbide has long 4 recognized the desirability of avoiding excessive exposure to dust from any source. Union 5 Carbide took steps to enable customers to minimize or avoid the creation of and exposure to dust 6 from Calidria. 7 During the early days of Union Carbide's Calidria business (which began in 1963), 8 medical and industrial health officials at Union Carbide issued asbestos toxicology reports which 9 were distributed to sales and other appropriate personnel. Warning labels were added to Calidria 10 packages in 1968 and toxicological information first appeared in sales literature in that year. 11 Material Safety Data Sheets were mailed to Calidria customers beginning in 1972. AIA/NA 12 information pamphlets were made available to customers starting in 1972 and were mailed to 13 customers beginning in 1977 at the latest. 14 The health and safety literature made available and disseminated by Union Carbide to its 15 Calidria customers warned of possible serious adverse health effects associated with the 16 excessive inhalation of asbestos fiber, advised customers on ways to control or avoid such 17 hazards, including the use of respirators as a way to avoid the hazards. In addition to the 18 dissemination of health and safety information. Union Carbide took active steps to help insure 19 that Calidria was handled and used in a clean and safe manner and environment: Union Carbide 20 employed shrink-wrap, tight-fitting packaging to prevent leakage, spillage, or dust emission 21 during the shipment of Calidria. Union Carbide also developed pelletized forms of Calidria 22 which would reduce dust emission. In 1972, Union Carbide offered to take dust counts of the 23 premises of Calidria customers in order to help them maintain a safe working environment, a 24 service which many Calidria customers utilized (Calidria was not sold to the general public or 25 other "end-users", but rather was marketed only to manufacturers or producers who used Calidria 26 in their products or production processes). Dr. Harrison Rhodes, an industrial hygienist, 27 supervised Union Carbide's dust monitoring program. 28 Ill
CC23-10000/002580901
61
1 INTERROGATORY NO. 45: 2 How do YOU contend that THIS DEFENDANT first became aware that there is an
3 association between asbestos exposure and disease in human beings. 4 RESPONSE TO INTERROGATORY NO. 45: 5 See Union Carbide's response to Interrogatory #44. 6 INTERROGATORY NO. 46: 7 Either (1) attach all DOCUMENTS evidencing the information upon which YOUR 8 contentions in YOUR answers to Interrogatories No. 44 and No. 45 are based, or (2) attach disks 9 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 10 be made the subject of a request for production of documents. 11 RESPONSE TO INTERROGATORYNO. 46: 12 Union Carbide maintains in its asbestos-related Repository a myriad of documents which 13 may be responsive to this Interrogatory. Upon Plaintiffs request. Union Carbide will made its 14 Repository available to the Plaintiffs for review and replication at a suitable time and place. 15 INTERROGATORY NO. 47: 16 When did THIS DEFENDANT first warn its employees that exposure to asbestos could 17 be hazardous to human health? State: 18 A. Whether the first such warning was written or oral; 19 B. Whether copies of DOCUMENTS containing such warning exist; 20 C. The IDENTITY of the custodian of such DOCUMENTS; 21 D. The content of the warning. 22 RESPONSE TO INTERROGATORY NO. 47: 23 See Union Carbide's Preliminary Statement. Subject to its Preliminary Statement, Union 24 Carbide responds as follows: 25
The discovery process as well as Union Carbide's own internal investigation is ongoing. 26
Union Carbide owns and has owned various plants and offices at numerous locations throughout 27 28 the United States and is endeavoring to research when the first warning was actually passed on to
CC25-10000AX)25809.01
62
1 its own employees. At the very least Union Carbide would have notified its own employees at
2 the same time it also notified its customers. See Union Carbide's responses to Interrogatories 3
No. 21, No. 41 a-d), and No. 44 for information on Union Carbide's knowledge about asbestos 4
and information disseminated to its customers. 5
6 Union Carbide has led the industry with its concern for industrial hygiene, and Union
7 Carbide industrial hygienists have been pioneers in their field. In 1919, less than two years after
S Union Carbide was created, at a time when occupational health was not an established field, the 9
National Carbon Company division hired Dr. Girard Cranch as its Medical Director. In that 10
capacity. Dr. Cranch and his successors have developed and launched health and hygiene 11
12 programs which have been paragons for the industry. Those programs have had the intended
13 result of avoiding or minimizing exposure of employees or other persons on Union Carbide
14 premises to dust, generally, and asbestos dust or fiber, specifically, in accordance with Union 15
Carbide's information and advanced state-of-the-art practices throughout Union Carbide's 16
history. 17
18 In 1930 or shortly thereafter, standards for dusts were set which in industry were referred
19 to as "threshold limits" beyond which workers should not be exposed. In 1937, Dr. Cranch was
20 appointed Manager of the new corporate-wide Industrial Toxicology Department. One year 21
later, he also took on the responsibility of Corporate Medical Director. In those capacities, he 22
was instrumental in establishing the Mellon Institute Chemical-Hygiene Fellowship, which has 23
24 been renowned for its toxicology analyses. The Institute made it possible for the chemicals used
25 or developed by Union Carbide to be evaluated; and when necessary, animal studies could be
26 performed to determine the toxicity of these chemicals. A labeling system was later developed to 27
protect not only Union Carbide employees but also customers' employees. 28
CC25-10000/0023S09.0I
63
1 Upon Dr. Cranch's retirement in 1948, the medical and industrial hygiene functions were 2 divided. Oliver Stain succeeded Dr. Cranch as a corporate level industrial hygienist. In 1953,
3 Mr. Stain was succeeded by Paul McDaniel. (Mr. McDaniel recently retired. Dr. Marvin 4 Huffman presently serves as toxicologist.) Also, in 1948, one Chemical Division laboratory 5 employee, Mr. Newt Ketchum, who was working on industrial hygiene matters, was sent to 6 Harvard University where he obtained a Master's Degree in Industrial Hygiene and thus became 7 the first industrial hygienist in the Chemicals Division. With more physicians available at the 8 termination of World War II, the larger plants were able to obtain full-time Medical Directors. In 9 1947, Dr. Carl U. Demehl resigned an Assistant Professorship at Texas University in Galveston 10 to accept a position at the Texas City Plant as Medical Director. (In 1955, Dr. Demehl was 11 transferred to New York as Assistant Medical Director. Mr. Demehl recently retired.) 12 In the early 1960's, Drs. Carl Demehl and K..S. Lane of Union Carbide's Medical 13 Department were given the corporate level positions of Director and Assistant Director of 14 Toxicology, respectively. Starting in the early 1970's, Dr. Harrison Rhodes, an industrial 15 hygienist, supervised Union Carbide's dust count program for Calidria customers until June 30, 16 1985, when Union Carbide sold the Calidria business. 17 In 1953, Mr. McDaniel proposed a program for air pollution control as well as control of 18 the working environment. He also made recommendations for reduction of dusts and fumes as 19 well as noise control. In 1962, hygienists in Union Carbide's South Charleston, West Virginia 20 facility conducted comparative dust emission studies between competing asbestos insulation 21 products. Those studies were conducted as part of an ongoing offer to prevent or minimize 22 asbestos dust exposure. 23 When the Occupational Health and Safety Act became effective in 1970, Union Carbide 24 had a well established health and industrial hygiene program for all domestic plants. Every 25 plant, regardless of size, had a designated local physician who would provide emergency service, 26 conduct a prc-employment physical examination on all new hires as well as periodic 27 examinations on certain employees based on job assignment, physical condition, age, etc. The 28
CC2J-I00OQ/OO2JJ09 01
64
1 Plant Physician also advised the Plant Manager regarding local health problems and provided 2 limited health services, first aid, immunizations, and advice to employees. 3 For an extensive period of time, all major Union Carbide facilities have also employed 4 industrial hygienists and industrial hygiene staff on their premises. Union Carbide's divisions 5 also employ a division-wide industrial hygienist and staff to oversee all facilities. Industrial 6 hygienists report, ultimately, to the Vice President for Community and Employee Health, Safety 7 and Environmental Protection, who is also responsible for establishing corporate HS&EP 8 standards and for assessing business group performance against those standards and applicable 9 governmental requirements. Presently, Ronald Van Mynen serves as Vice President in that 10 capacity. 11 INTERROGATORY NO. 48: 12 Did THIS DEFENDANT ever issue a written COMPANY policy discontinuing warning 13 its employees that exposure to asbestos could be hazardous to human health? If so, 14 A. Provide the date; 15 B. Describe the circumstances; and 16 C. Either (1) attach all DOCUMENTS evidencing the information sought in 17 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 18 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 19 may be made the subject of a request for production of documents. 20 21 RESPONSE TO INTERROGATORYNO. 48: 22 See Union Carbide's Preliminary Statement. Subject to its Preliminary Statement, Union 23 Carbide responds as follows: 24 No. Union Carbide had no such policy. See also Union Carbide's response to 25 Interrogatory No. 47. 26 Ill 27 III 28 III
CC25-10000/0025809.01
65
1 INTERROGATORY NO. 49: 2 Did THIS DEFENDANT provide any Independent Contractor or Subcontractor within 3 the GEOGRAPHIC AREA with a written warning that exposure to asbestos could be hazardous 4 to human health. 5 RESPONSE TO INTERROGATORYNO. 49: 6 Union Carbide maintains in its asbestos-related Repository a category called Customer 7 Call Reports. These files are stored alphabetically by customer-name. Had one of these 8 contractors been a customer, references to discussions with customers as well as a listing of 9 documents which may have been specifically forwarded to that customer would be filed in this 10 section. Upon Plaintiffs' request. Union Carbide will make its repository available to the 11 Plaintiffs for review and replication at a suitable time and place. 12 See also Union Carbide's responses to Interrogatories #37 and #40. 13 INTERROGATORY NO. 50: 14 Has THIS DEFENDANT,been cited for or otherwise charged by a public agency with a 15 violation in the GEOGRAPHIC AREA of any statute, ordinance, safety order, regulation, or law 16 pertaining to asbestos exposure? For each occasion, IDENTIFY: 17 A. The code section, safety order, statute, or regulation for which THIS 18 DEFENDANT had been cited or otherwise charged; 19 B. The date(s) thereof; 20 C. The agency or other governmental unit which issued the citation or 21 otherwise charged YOU. 22 D. All persons known to YOU with information relevant to the incident; 23 E. What was the ultimate resolution. 24 RESPONSE TO INTERROGATORY NO. 50: 25 According to Union Carbide's best presently available information, Union Carbide was 26 never so cited or charged in cciinccL*on iC the Su!c of Calidria. 27 INTERROGATORY NO. 51: 28 If THIS DEFENDANT has ever owned or operated a railroad, state:
CC2J-10000/0025K01
66
1 A. The IDENTITY of each such railroad, including the name(s) of such 2 railroad during the time period of YOUR ownership and/or operation, the principal place of 3 business of such railroad and the dates of YOUR ownership and/or operation; 4 B. The geographic area of operation of such railroad; 5 C. The name(s) of such railroad prior to YOUR ownership and/or operation; 6 D. The IDENTITY of the person or entity from whom YOU purchased your 7 ownership or operating interest, and the date of such purchase; 8 E. The IDENTITY of the person or entity to whom YOU sold your 9 ownership or operating interest, and the date of such sale; 10 F. Whether copies of DOCUMENTS evidencing your ownership/operation 11 and/or sale exist; 12 G. The IDENTITY of the Custodian of such DOCUMENTS; 13 H. To the extent that information has not been given in answers to 14 Interrogatory Nos. 32 and 33, the information requested in Interrogatory Nos. 32 and 33, for each 15 railroad owned or operated by YOU. 16 RESPONSE TO INTERROGATORYNO. 51: 17 Not applicable. 18 INTERROGATORY NO. 52: 19 If DEFENDANT has ever owned or operated a shipyard, state: 20 A. The IDENTITY of each such shipyard, including the name(s) of such 21 shipyard during the time period of YOUR ownership and/or operation, the place of business of 22 such shipyard and the dates of YOUR ownership and/or operation; 23 B. The name(s) of such shipyard prior to YOUR ownership and/or operation; 24 C. The IDENTITY of the person or entity to whom YOU sold your 25 ownership operating interest, and the date of such sale;
D. Whether copies of DOCUMENTS evidencing your ownership/operation 27 and/or sale exist; 28
CC25-10000/0025*0901
67
1 E. Whether any representative of THIS DEFENDANT attended the Maritime 2 Commission Conference in December 1942 in Chicago, Illinois? If so, IDENTIFY any such 3 representative of THIS DEFENDANT; 4 F. The IDENTITY of the Custodian of such DOCUMENTS; 5 G. To the extent that information has not been given in answers to 6 Interrogatory No. 32, the information requested in Interrogatory No. 32, for each shipyard owned 7 or operated by YOU. 8 RESPONSE TO INTERROGATORYNO. 52: 9 Not applicable. 10 INTERROGATORY NO. 53: 11 At any time between 1930 and 1985, did you import, export, ship, transship or otherwise 12 transport RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS into, out of or through 13 any port in the GEOGRAPHIC AREA? If so, for each occasion: 14 A. IDENTIFY and describe the NATURE and amount of RAW ASBESTOS 15 and/or ASBESTOS-CONTAINING PRODUCTS; 16 B. IDENTIFY the ship or ships (including the owners and operators thereof) 17 onto or from which the RAW ASBESTOS and ASBESTOS-CONTAINING PRODUCTS were 18 loaded, unloaded or shipped; 19 C. State the dates, port and pier involved for each occasion; 20 D. Either (1) attach all DOCUMENTS evidencing the information sought in 21 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 22 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 23 may be made the subject of a request for production of documents. 24 RESPONSE TO INTERROGATORY NO. 53: 25 Calidria asbestos was mostly transported in plastic or Kraft type paper bags, although 26 some Calidria had been shipped in bulk in railroad hopper cars. Each bag contained the 27 following information: Union Carbide's corporate name and address, the net weight of material 28 supplied, the applicable grade of asbestos, the lot number identification, and, starting in 1968 a
CC2J-100000023809.01
68
cautionary statement. At the request of some customers, a limited amount of Calidria asbestos was sold in plain Kraft bags, which contained only the. cautionary statement. Unless the customer requested otherwise, between approximately the mid-1970's and June 1985 all Kraft bags containing Calidria asbestos were individually shrink wrapped (encased by a tight fitting plastic film); an entire pallet containing a number of such bags was also completely covered with the tight fitting plastic film.
See also Union Carbide's response to Interrogatory #29.
DATED: November/?/ , 1997
HAIGHT, BROWN & BONESTEEL, L.L.P.
Lisa L. Oberg T. Sky Woodward Carrie A. Bauccio Attorneys for THE CENTER FOR CLAIMS RESOLUTION DEFENDANTS including UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC.
CC25-10000/0023809.01
69
VERIFICATION
STATE OF CONNECTICUT
)
ss:
COUNTY OF FAIRFIELD
)
JOHN MACDONALD, being duly sworn according to law, deposes and says: that he is Assistant Secretary of defendant Union Carbide Corporation, that he has read the Responses to Plaintiff''; General Order #129 Interrogatories and is familiar with its contents; that the Responses were assembled and prepared by employees, former employees and counsel of defendant who have informed deponent that the Responses are true to the best of their knowledge; and that to the best of deponent's knowledge, information and belief, the Responses are true.
Sworn to before me this _2_rL day of Anuevys \>p y- . 1997.
John Macdonald Assistant Secretary
Notary Publi!
DIANE E. GOLDEN NOTARY PUBLIC
MY COMMISSION EXPIRES 11/30/2001
Hi NY32MLOU/67331.21
1 TN RF. COMPLEX ASBESTOS LITIGATION SERVICE LIST
2
3 Wartnick, Chaber, Harowitz, Smith & Tigerman 101 California Street, 26th Floor
4 San Francisco, CA 94111
5 Alan Brayton, Esq.
6 Brayton, Harley & Curtis 222 Rush Landing Road
7 P.O. Box 2109 Novato, CA 94948
8
9 Law Offices of Christopher E. Grell The Monadnock Building
10 685 Market Street, Ste. 540 San Francisco, CA 94105
11
12 Jack Clapper, Esq. 2330 Marinship Way, Suite 140
13 Sausalito, CA 94965
14 Harrison & Degarmo One Daniel Burnham CL, Ste. 220-C
15 San Francisco, CA 94109-5460
16 Visse & Yanez One Daniel Burnham Ct., Ste. 220-C
17 San Francisco, CA 94109-5460
18 Bruce L. Ahnfeldt P.O. Box 6078
19 Napa, CA 94581
20 Berry & Berry 1300 Clay Street, 9th Floor
21 Station D P.O. Box 70250
22 Oakland, CA 94612-0250
23
24
25
26
27
28
s
NA 0029667.01
1 PROOF OF SERVICE BY MAIL
2 STATE OF CALIFORNIA 3 COUNTY OF SAN FRANCISCO
) ) ss.:
)
4 I am employed in the County of San Francisco, State of California. I am over the age of
5 18 and not a party to the within action. My business address is 100 Bush Street, 27th Floor, San
Francisco, CA 94104. 6
On November 21, 1997,1 served on interested parties in said action the within: 7
8 UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC.'S RESPONSE TO GENERAL ORDER #129 INTERROGATCn
9
10 by placing a true copy thereof enclosed in
11 attached mailing list and depositing such placing them in a postal box in my work a
12 I am "readily familiar" with this firm's prai
13 correspondence for mailing. Under that practice ii on that same day in the ordinary course of busines
14 service is presumed invalid if postal cancellation d
after date of deposit for mailing in affidavit 15
ope(s) addressed as stated on the dr collection and mailing by
:tion and processing posited with U.S. postal service ; that on motion of party served,
meter date is more than l day
16 Executed on November 21, 1997, at San Francisco, California.
17 I declare under penalty of peijury under the laws of the State of California that the
foregoing is true and correct. 18
19
20
21
22
23
24
25
26
27
28
Document!
