Document N2da04oN5Rzvxzb2qZjaxg3EE

FILE NAME: Kaiser Gypsum (KG) DATE: 1998 DOC#: KG055 DOCUMENT DESCRIPTION: Legal - Deposition of John E. Crum and Related Docs KAZAN, McCLAIN, EDISES, SIMON & ABRAMS A Professional Law Corporation 171 Twelfth Street, Third Floor Oakland, California 94607 (510) 465-7728 (510) 893-7211 FAX: (510) 835-4913 TDD: (510) 763-8808 e-mail: postmaster@kmes.com www.kmesa.com TO: FROM: RE: FACSIMILE COVER SHEET February 12, 2001 Barry Castleman, Ph.D. Fax No: (410)448-2368 Charles S. Richelson KAZAN, McCLAIN, EDISES, SIMON & ABRAMS 0(q / Stephanie Lambertson v. Owens-Coming Fiberglas Corp. MESSAGE: Y<u p2pQfd)V\ T r a n s m it t in g a t o t a l o f 25 p a g e s in c l u d in g t h is c o v e r p a g e . I f y o u d o n o t RECEIVE ALL OF THE PAGES, PLEASE CALL AS SOON AS POSSIBLE AT (510) 465-7728. IMPORTANT/CONFIDENTIAL: This message contains informationfrom the lawfirm Kazan, McClain, Edises, Simon & Abrams which may be privileged, confidential and exemptfrom disclosure under applicable law. I f you have received this communication in error, please notify us immediately at ourphone number setforth above, and we will be happy to arrangefo r the return o f this message via United States Postal Services to us at no cost to you. Please do not disseminate, distribute or copy this communication. THANK YOU 02^12-'01 IS.-23 MESS 14104402368 v i d e o 'DEPOSITION OF JOHN E. CRUM 11/6/98 1 them selves and state the parties they represent? 2 MR. BERGMAN: Matthew Birgnun for the plaintiff. 3 MR. petty: i am Ken Petty, representing Kaiser 4 Gypsum Company. 5 ' MS. ZAXRZEW5KI: Cheryl Zakrzewski. 1represent 6 ,/, kartells. 7 MR. FiciiELSON: Bruce Ftchelson representing 8 Kaiser Gypsum, Inc. 9 MR. CURK: Paul d a r k . w ,r , Grace. 10 mr. webb: Henry webb, c.c.R. 11 mr. fernandsz: Anthony Fernandez for 12 Rapid-American carp. 13 MS. williams: Anne williams, Owens-Coming. 14 MR. Stephens: The reporter's name is Karen Yates 15 frorff sierra Nevada Reporters, who will now administer the 16 oath to the plaintiff. 17 JOHN E. CRUM, IS called as a witness by Plaintiffs, 19 having been first duly sworn, 20 w as examined and testified as follow s: 21 22 EXAMINATION 23 by mr. bergman: 24 q Goodmornmr. 25 a Good morning. SIERRANEVADAbsnsrtbbs (702)329-6560 LYaher NO. 067 P002-'025 G ypsum $ui 1 Q And what does your eldest son da for a living. 2 sir? 3 A He works for. he works for --j ean't recall the 4 name of the company. 5 Q Okay, is one o f your sons a doctor, sir? 6 A Yes. he is. 7 Q And what son is that? 8 A That's Donald Ray crum. 9 Q And what kind of medicine does Donald practice? 10 A He's an emergency room physician. 11 0 oo you have any grandchildren? 12 A I have 11 grandchildren. 13 Q do you have a close relationship with your sons. 14 sir? 15 A Yes. i do. 16 0 What are some o f the things that you and your sons 17 do together? IS A vtcil, we have a boat, we use that quite often. 19 we go chukar hunting and fishing when we're not working. 20 Q Do you work with your sons? 21 A ves. l do. 22 <2 How about relationship with your grandkids? m 23 you see a lot of them? 24 .A ,.sjii>55!'j.Jot..^njoy,.th?5i.very.much. ..And ihev 25 Slay in this house with me quite a bit. SIERRANEVADAREPORTERS (702)329-6560 l Q Could you please tell the jury your full name. 2 ' sir? 3 A My name is John E. crum, e-r-u-tn. 4 Q Mr. enun, where do you live? 5 A I live in this home right here. 6 Q Where is that located, sir? 7 A The location is 1200 Chance Lane. Reno, Nevada. 8 Q And bow long have you lived in this home here, 9 sir? 10 A I have lived here since 11/15 of *88. 11 Q '98. sir, you think? 12 A o f '88. 13 Q Sir, are you married? 14 A Yes, 1am. 15 Q AJid what is your wife's name? 16 A Marilyn i, cram. 17 Q is she here with us today? 13 A She's here. 19 Q How long have you and Marilyn been married? 20 A w e have been married for 53 years. 21 Q DO you and Marilyn have any kids? 22 A we do. 23 Q what are their names and their ages? 24 A They are John Dean cram, age 38. And Robert Lee 25 cram, h e's 43, And Donald Bay cram is 42. SIERRANEVADA reporters (702)329-6560 SIERRA NEVADA REPORTERS (702) 329-6560 1 0 DOyou have a special room in tins house that is 2 used by your grandkids? 3 a Yes. i have three - 1have two bedrooms that they 4 occupy. 5 Q sir, you indicated a little tarlier that you 6 worked with your sons. Are you still working? 7 a Yes, you bet. 8 q And what business are you in? 9 a I'm in the building business, Until I got this 10 mesothelioma. 11 Q COUld you tell me a lisle bit about the building 12 business that you used to be in before you got sick? 13 a well, we built houses like this one. Tilts is the 14 last house we finished. 15 q now , when you say the building business, do you 16 mean that you hire contractors to build homes for you? 17 a no. we do all our own work, all our own work. 18 Q By ''we",who else works with you? 19 a My sons. John Dean primarily, vy oldest son has 20 another job with another company. 21 Q how many houses have you and John Dean built 22 together? 23 a Probably about 35 or 40. 24 q And do you sell the houses that you build? 25 a No. siaRA Nevada reporters (702)329-6560 Pages 2 - 5 05/19/00 20:03 TX/RX NO.0426 P.002 82/12/01 16:23 KMESfi - 14104462368 VIDEO DEPOSITION OF JOHN E. CRUM 11/6/98 NO.067 P003/025 1 <3 o r do you rent them? 2 A well, we keep the houses and rent them, we hold 3 on - we build the bouse, we rent it. 4 0 You said that you built these houses yourself, 5 sir. what are the kinds of chines that you and John Dean 6 did when you put these houses together? 7 a on this particular bouse here, we did everything 8 but the roofing, the drywall, and the Carpeting. 9 Q You did d>e concrete work? 10 a we did the concrete work, we do the - everything I t in this house. Electrical, plumbing, the boiler work, we 12 do the enure job and we don't have any, wc don't hire it 13 out, wc don't let subcontracts. 14 Q sir, I'm handing you what has been marked as 15 Exhibit Two, can you tell me what that photograph shews? 16 a This is this house right here. 17 <3 is that the house that you built with John Dean? IS A That's right, we did everything on this house but 19 the roofing, we do the stucco work, we do everything on 20 here but the roofing and the drywail. 21 Q could you show Exhibit two to the jury, please, 22 sir? ' ' 23 a (The witness complies.) 24 2 . 2 * 2 Know .t-.-i.nfclog the: you ere proud o P 25 a I'm very proud of this home. SJStliA NEVADAREPORTERS <702)329-6560 1 know, find a good spot where we can catch one. 2 q do you go with the grandchildren fishing? 3 A we all go. 4 Q Okay, sir, i'm handing you Exhibit one. lask 5 you if you can td l roe what that is. 6 A Yeah, that's a family picture of --that's the 7 grandkids, my daughter-in-law and my - and my 8 daughter-in-law's parents are there, we are all a pretty 9 close group, 10 Q. Sir, before you started having your current health 11 problems, how were you feeling? 12 A I was feeling great. 1was feeling great up until 13 about the eighth month and l got this tightness feeling 14 across my chest and i went to the doctor. And my right lung 15 was full of this liquid. The lung was clear up at the top, 16 collapsed. The right lung was full of liquid, so, they 17 drew over two quarts of liquid off of it. 18 Q And before August of 1998, sir. had you ever had 19 any serious health problems? 20 A 1was never sick. 1had a hernia operation and 21 that's about it. That's the worst thing that t had ever 22 had. i had never been to the doctor. 23 q Have you ever smoked cigarettes, sir? Hj# a Never, .vsv-smoked a cigarette in m y lift. 25 Q sir, in August of 1998 when the doctor drained the SIERRANEVADAREPORTERS (702)329-6S60 1 q Before you became ill, sir, did you and /Ohn Dean 2 have plans to build additional homes? 3 a Yes. we bought this piece o f land right hero and 4 there were five iocs here and we have two houses built on 5 the property now. AOd our next step was to go right next 6 door and build another one just like this. We never build 7 two houses the same, but the same footage and all that, 8 same quality that's in this house we were going to have next 9 door. 10 Q when you and John Dean are building houses 11 together, sir. how m any hours a day would you work pjj 12 average? 13 a i would say we work about nine hours a day, 14 average, some days we, if one of us are sick, why, we just 15 yu know. Take off a couple days, two or three 16 days if we want to. But usually it's the other way around, 1? we just keep going, you know, we work steady. 18 q sir, before your current problems, did you have 19 any plans to stow down? 30 a I never thought about slowing down. . 21 Q what are some of the things that you and your 22 family do together when you are not building houses? 23 a well, we go out in the boat, we have a Sayliner 24 boat. And we go up to --we go chukar hunting up near 24 winnemucca. we go fishing when we get a chance to. You fflmtRA NEVADA reporters (702)329-6560 I : 1 fluid off of your lungs, what did he tell you was the 9 2 probable diagnosis? 3 A Well, thave an incurable lung cancer called 4 mesothelioma, it wasn't in the lung, it was in the lung 5 cavity, on the outside of the lung. 6 Q And who was with you, sir, when your doctor told 7 you about your diagnosis? s a My son was with me and my doctor son, dob, and 9 John Dean was with me. 10 Q Did you and your sons and your doctor discuss 11 treatment options? 12 a yes. 13 Q And what kind of treatment is available for your 14 mesothelioma? 15 a there is no treatment. They did the biopsy thing 16 and that was pretty strious. Then they just buttoned me up 17 They have no treatment for this. 18 Q what do you understand to be your prognosis? 19 a well, t won't be here in a few months. 20 Q sir, are you experiencing any physical pain as a 21 result of your mesothelioma.? 22 a it hurts bad. 23 Q can you tell us w here you are hurting? 24 A Well, from half toy body, che right half io ihe 25 back, to the spine, around to right down there. This right SIERRANEVADAREPORTERS (702)329-6560 SIERRA NEVADA REPORTERS (702) 329-6560 Pages 6 - 9 fiR/iQ/nn 9fi-ni TY/PY NO 149R p nni 02/12^01 16:24 KMESA * 14104432368 NO.06V P004/025 10 there. q Ate you taking anything for your pain? a oh, yeah. They've got the pain under control, if I didn't have these patches they put on me, they put these patches on and it's an Opium patch, it makes it so t can't feel it, see. But I have side ejects, sec, from it. q Are you having any trouble breathing? A t have a hard tim e breathing. l `m short o f breath, if t walk 25 feet. I'm breathless. q sir. in the last two weeks would you say chat your condition has gotten better or gotten worse? a t'm getting worse every day. Every day a littic bit worse. ` Q Today is Friday, sir. on Monday are you going to have any specialist come out and talk about your cam needs? a YcS, I'm going to have a group here in town that tend to people like me. q is that hospice? a Yes. q sir, what is your understanding as to what caused your mesothelioma? a They raid me it's caused from asbestos only. q Have you been exposed to asbestos aver your life, sir? a yes. (have been. SIERRA NEVADA SSfOKTERS (702)329-5530 1 Norco for about ten years and I decided I didn't like Chico 2 anymore and I wanted to move to Nevada. And so. i moved to 3 Nevada with Kaiser. 4 q now were you contacted by Kaiser about this job 5 opportunity? 6 a well, the ttaiscr regional sales manager approached 7 me and asked me if I wanted to go to work for them. 8 Q so, what were your duties when you were moved to 9 Nevada and worked for Kaiser? 10 a i had northern California and Nevada, excluding 11 Las vegas. 12 Q what kind of products did Kaiser Gypsum sell? 13 a They said gypsum wail heard, o f course, all kinds, 14 ail types of gypsum wail board. They had a line of drywall 15 accessories. IS <3 what are accessories, sir? ' 17 a Accessories are the items that finish the wall 18 board. 19 Q could you tell us what some of them are? 2Q a Like joint cement and they had all kinds Of 21 textures. Textures for the wall, you know, and acoustic 22 ceilings. They had tape to tape the joints. And they had 23 adhesives for dual ply insulation. That was an accessory. tiTsd vi!" , v*!llng XsiE'Sr Gjfpsu?ft 25 products, sir, in your region, did you have any StERSA NEVADA REFOKTERS <702)329-6550 0 Mr. Crum, in 1964 did you go us work for Kaiser Gypsum company? a ves. i did. Q How was it that you came us work for Kaiser Gypsum company? a well, i w as living in Chico, t had worked m r SIERRA NEVADA REPORTERS (702)329-6560 1 2 3 4 5 6 7 8 9 10 11 12 13 i 14 . 15 16 17 IS 19 20 21 22 23 24 25 responsibilities for demonstrating the use of those products? a ves, we had a school up in Seattle to teach the salesmen how to demonstrate these products, how to finish the wall board and so on. And t often did this out in the field. I had drywalt contractors here in town have apprentices start, you know. And they want a little bit of help, so, we gave them what they wanted. q And was the process that you would use to apply Kaiser Gypsum drywall compound simitar to the process that you just described earlier with respect to united suites Gypsum? a Yes, all drywalt is finished the same. Q And did you have anyresponsibilicies in inspect major jobs that, where you were supplying product? a Absolutely. q why was that? a Well, because sometimes the company puts out a wall board that --they have cockles on tbeback and they would have, when the finishing was started, the blistering took place, over-calcined wall board, so. they want compensation when the wall board doesn't work perfect, the customer wants to be compensated for it. q seyond kind of trouble shooting, sir, did you have a more positive reason to go visit some of your job sites? SIERRANEVADA REPORTERS (702)329-6560 A NEVADA REPORTERS (702) 329-6560 Pages 30 - 33 05/19/00 20:03 TX/RX NO.0426 P.004 02/12/01 16:25 KMESft - 14104482368 .VIDEO D E PO Sm O N OF JOHN E. CRUM 11/6/98 NO.067 0005X025 34 1 a yes. odc o f die main reasons wag to keep on top 2 of the job and not let some competitor get in on and out 3 sell you. Get the next load, in other words. ' 4 q when yell were regional sides manager for Kaiser 5 Gypsum, sir. did you sell for home construction or _ 6 commercial construction or both? I a we sold both. I had tract jobs. 1had the circus 8 a rc u s Hotel dawn here. 9 q i'll ask about specific job sites in a minute. 10 sir. But before I do that, what were some o f your major II customers when you were sales manager for Kaiser Gypsum? 12 a well, solan was one of my main customers, of 13 course, he's no longer around, ihad Atlas Drywall. Ihad 14 numerous smaller drywall contractors, solan was probably 15 the bi|gest drywall contractor drat i sold. 1 6 ^ -----"iT^*k, are you familiar with a product called 17 K-Spray?) IS Qi 19 20 course. <5 what is K-sptay. sir? a u's an acoustic spray, it's fallen from -- 21 people don't desire it anymore. They usually go for 22 finished like this, smooth wall. 23 Q Old you Sell -- 24 TCttlitd ceiling. 25 0 old you sell K-sptay white you were sales nSferager SIERRANEVADAREPORTERS (702)329-6560 1 same of the commercial sites you worked on. My first j 2 question to you. sir, is, was there a lot of hotel 1 3 construction in Reno in the late '60s and early 70s? 4 a Not too much. 5 q when did the -- . 6 a we had *fT3h'sand we had (he Circus circus. The i 7 first circus circus. Had the Ponderosa on south Virginia, 8 ponderosa Hotel. ; 9 But the hotel, the hotel construction has 10 blossomed since those days. 11 Q okay, t want to try to first o f all determine 12 some of your work, on some o f these construction sites, was 13 there a reason for you to go on a cons(ruction site before 14 the drywall was put on? 15 a Yes. . id Q why was that, sir? ! 17 a to make sure that i got my wall board on there. 18 if you hang out in the house and don't get out on the job 19 sites to find out, welt, what's the drywall contractor going . 20 to do on this job? He might order a competitor's product. 121 Q Are you familiar with a process called 22 fireproofing? 23 A oh, yes. . -2*. q . - ca r - d r f o f l fc r ! for the ju ry what fireproi'finr 25 is? SIERRANEVADAREPORTERS (702)329-6560 : 35 1 for Kaiser Gypsum? 2 a Yes. 3 Q what kind of buildings would K-spray typically be 4 used in? 5 a oh, that's strictly far home construction, you 6 k n o w . And the Reason is th a t they can finish th e job 7 c h ea p er. You know, they d o n 't have to spend the time S sanding the ceiling to get it sm ooth, if you have a job 9 like this and you don't want to spend so much dins on it, 10 ju s t d o a rough jo b , you can co y er it up w ith X>spray. U Q (tow does K-spray come packaged, sir? 12 a it comes in a bag. it com es in. t be lie v e it's a 13 50-pound bag, th ey put it in a hopper and mix it up. And 14 that's a dusty jo b . too. 15 . q why is it dusty, sir? 16 a well, because it's a powder. They put it in the 17 spray rig and m ix ir up. They mix it up a n d they shoot it 18 on the ceiling. '* 19 q sir, do you recall any o f the job sites where you 20 su p p lied K-Spray w hile you w ere w orking fo r Kaiser Gypsum? 21 a oh. yes. Lewis Homes out here, 1had Lewis Homes 22 for years. 23 q Any other entities besides Lewis Homes? 24 a well, we had Barker, w e had so m any jobs. 25 q ! am going to ask you now some questions about SIERRANEVADAREPORTERS (702)329-6560 37 1 a Yeah, that's a material, probably the most -- 2 probably the best known one is zonclite. n has to be 3 sprayed on all these steel buildings before any covering 4 goes on die wall. 5 q why is that, sit? 6 a well, because if a major fire starts in there, it 7 melts the steel and down comes the building. 8 Q And -- 9 A SO, they put it on there. They spray it on them 10 just like they do wall texture. They mix it up in a big vat 11 and they run the hose up in the building and they spray 12 every square inch of steel, steel frame that is. 13 q Have you worked on buildings where Zoneliie was 14 being sprayed? 15 a Yes, 1have been On (hem. It's a messy, it's a 16 messy thing. 17 q i want to now ask you some questions. After the 18 fireproofing goes on, what is the next step, in terms of your 19 work as a sales representative for Kaiser Gypsum? 20 A Next step for me is, as soon as it's cleanest up. 21 then (hey arc going to start stocking, they arc going to 22 stan putting the metal an and then the wail boatd is going 23 to go on there, you better be there and find out whose 24 material is going where. 25 q r'm going to ask you now if you can recall the SIERRANEVADAREPORTERS (702)329-6560 SIERRA NEVADA REPORTERS (702) 329-6560 Pages 34 - 37 05/19/00 20:03 TX/RX NO.0426 P.005 02/12/01 16:25 KMESft -> 14104482368 y | ,i j u t 4 v ' ji'j x i r i T u M ax/ o/yfi l 2 3 ' 4 5 6 7 8 9 10 11 12 13 14 15 1 17 18 19 20 21 22 23 -24 25 38 hotels In neno and Carson city and Lake Tahoe where you sold Kaiser Gypsum joint compound? a okay, cm Harvey's wagon wheel, on Harvey's wagon wheel, in Reno was Harrah's. Harrah's first phase. And then Circus circus first phase. And Pemderusa. that wasn't too large a job. small hotel. That's about it. Q Could you tell me whether or not you sold Kaiser Gypsum joint compound on the MGMGrand? mr. petty: object to form, leadinga o n the mcm Grand? I sold 50 percent o f the wall board and 1can't recall how much dtywall accessories we sold (here. q Are you familiar with a hotel in Carson city called the ormsby House? MR. PETTY; same objection. a The ormsby House? Yes. And Soiari had that job. solan was buying from me. Q Did Mr. solan a He bought Kaiser. q Did Mr. - do you know whether Mr. soiari bought --what products did mt. soiari buy from you on the Ormsby House project? . a - Ks houefc: join: cement. Joint cement aadsnrsv . texture. And dial's it, t think. Tape, tape, he bought SIERRANEVADAREPORTERS (7021329-6560 NO.067 P00&/02S ' .. ,, 40 1 haven't seen these before (he deposition? 2 mr, ssigman: just got them today, counsel, or 3 yesterday. 4 MR. PETTY: Other than the fact I was here 45 5 minutes before the deposition. 6 BYMR. BERGMAN! 7 Q Mr. Crum, in 1972 on account of your efforts, did 8 you receive any awards? 9 a res, idid. 10 q what award was that, sit? 11 A l was salesman of the year. 12 Q was that a proud time for you, sir? 13 a Pretty, it was a pretty good time. 14 q could you hand me Exhibit 11? 15 a Yeah, that's it. 16 Q What is that, sir? 17 A th a t's the salesman of die year award. 18 q when you received your salesman of the year award. 19 sir, was there a ceremony associated with that honor? 20 a Yeah, we had a big dinner in Oakland, 21 Q who was present at that dinner, sir? 22 A The C E-O. the company was there. 23 q who was the C.E.o.7 24 A The gentleman.rightht's; 25 MR. petty*, what is this. m i. Bergman? SfSUtANEVADAREPORTERS (702)329-6560 39 ! tape. 2 q sir, from your testimony it sounds like you sold 3 an awful lot of Kaiser Gypsum produets. 4 MR. PETTY; Object to the form o f die question. 5 Leading. 6 a idid. (sold a lot of wall board and product. 7 q Did you receive any recognition from your company 8 for your sales efforts? 9 a Yeah. Yes. i did. 10 q Handing you what has been marked as Exhibit Seven, 11 is this one of the -- 12 a Yeah, that's one. 13 0 And in March 1965, did you receive another 14 commendation? 15 a yes. that's another one. 16 q was 1972 a good year for you as a Kaiser Gypsum 17 sales representative? IS a Very, pretty good year. 19 Q Handing you what has been marked as Exhibit Nine, 20 is chat the commendation that you received? 21 a Yes, absolutely. 22 q And Exhibit Ten. is that also a commendation you 23 received in 1972? 2<i a you bet. 25 m r . petty; counsel, is there any reason we SIERRANEVADAREPORTERS (702)329-6560 41 1 Mr. bergman: That Exhibit 12. 2 q who is the individual in the blue suit standing 3 next to you. sir? 4 A That was Mr. Costa. 5 Q What was bis role in Kaiser Gypsum? 6 a He was chief executive Officer o f Kaiser. 7 Q Mr. Crum, in 1972 did you sell a small amount or a 8 large amount of Kaiser Gypsum joint compound? 9 a i would say my volume was fairly large. 10 Q HOw many, can you give us some idea of how much 11 Kaiser Gypsum joint compound you sold in 1972? 12 a no, i couldn't guess even without --it celts in 13 one o f these letters, here. 14 Q Between 1972 and say 1975, sir. did you continue 15 to sell Kaiser Gypsumjoint compound? 16 a Absolutely, as much as [could. 17 Q how many bags would you estimate you sold during 18 that time period? 19 a Oh, that's a difficult question, l would say 20 10,000 bags maybe. 21 Q sir. I'm handing you what has been marked as 22 Exhibit 13 which are Kaiser Gypsum's Answers to 23 interrogatories in another case, i would ask you, sir, to 24 read the response to that interrogatoiy. 25 a All right. It says here. "Beginning in 1972 SIERRANEVADA REPORTERS (702)329-6560 SIERRA NEVADA REPORTERS (702) 329-6560 . Pages 38 -41 05/19/00 20:03 TX/RX NO.0426 P.006 | 02X12/01 16:26 KMESft * 14104402368 VIDEO DEPOSITION OF JOHN E- CRUM 11/6/98 42 1 iraiser o msuiB affixed caution labels to the packages anil 2 ^Sffiiners of its asbestos containing products. The warning 3 label as prescribed by 05HA read; Caution, contains 4 asbesws fibers. Avoid creating dust. Breathing asbestos 5 dusr may cause serious bodily injury." 6 O Sir. did you ever see a warning in 1972 on any bag 7 o f Kaiser Gypsum joint compound? a Never saw, i never saw a thing like that at all on 8 9 any bag. q how about in 1973. sir? pid you ever see any 10 11 warnings on any Kaiser Gypsum bags - ^ 12 A No*1never have seen a wanung like thei. 13 Q How about in 1974? 14 A No, 1never seen one. 15 Q How about in 1975? 16 A Never. __ 17 <Q, sir. I'm handing you exhibit 14. Have you ever 1 seen a warning such as that depicted in Exhibit 14 prior to 19 soday? , 20 A Never saw a thing like that before in my life, '2 1 q Sir, did you ever receive any oral notification 22 from anybody at Kaiser Gypsum - 23 Aq N,,toh.atasbestos cronim cskm ; csn ssim,-s.-a-. - 24 25 asbestos in diem? SIERRANEVADAREPORTERS (702)329-6560 NO.06V P 0 0 7 /0 2 5 44 1 a These are, these are my friends, q sir. who is does it make you feci today to know 2 3 that Kaiser Gypsumjoint compound had asbestos in it? 4 a well, it's bad. if it causes this, it's bad. 5 o i want m ask you a few more questions, sir. about 6 your mesothelioma, can y describe for us. 1think you ve 7 described to us some of the physical symptoms you ve 8 experienced as a result of your illness how about^some of 9 the emotion and spiritual symptoms toatyou ^ave tod; a They are deep, they are deep, i don t know what 10 11 i can tell you, but this is going to kill me. 12 mr. bercman: That's all die questions! have. 13 the WITNESS; th a t's hard to take. 14 MR. beroman: T h a t'S an t have at the present 15 tim e. Thank you. ' 16 MR. PETTY.; le t's go off the record. 17 (There was a discussion Off the record.) 18 (The deposition concluded at 11:10 a.m.) 19 20 I 21 22 23 24 25 SgXRA NEVADA REPORTERS (707)329-6560 43 1 a no, t never have. 2 q Did you ever receive any oral w arnings or oral 3 notification from anybody at Kaiser Gypsum that - 4 A MO 5 q --that breathing asbestos from the joint compound 6 could be dangerous? 7 a no. rnever did. i never did see a label like 8 that ar all on an y pro d u ct. q s ir, did you value your relationship with your 9 10 customers? U a Absolutely. . 12 q old you communicate product information to your 13 custom ers? . 14 a Yes, i d id , everything 1could, part or my jo b . 15 q Did y o u ever have an opportunity to tell your 16 custom ers that the Kaiser Gypsum jo in t com pound you were 17 selling them w a s h a rard o u s to th eir health? 18 a Never, l never did that, i never Knew anything 19 about this. N ever saw it. 20 q as a sales representative, w ould u have been y our 21 responsibility to -- . 22 a i should have known that, if I saw it, l should 23 h ave told m y custom er. And n v o u W n ^ l J i a i S J s M ^ 24 product. 25 ------ q how d o e s - SIERRA NEVADA REPORTERS (702)329-6560 SIERRA NEVADA REPORTERS (702) 329-6560 45 i, john e. crum, d o herebysw ear OTaffirm Under penalty Of pcijury th a t the assertions and/or answers of this affidavit/deposiuon are true. DATED a t Reno. Nevada, th is ______-- day o f . 1998. JOHN n . CRUS* SIERRANEVADAREPORTERS (702)329-6560 Pages 42 - 45 05/19/00 20:03 TX/RX NO.0426 P.007 ,'01 16:26 MESA * 14104482360 NO. 0 6 7 P00B '/0 2 5 J IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 11 1: SYLVIN W . PICKNER and EVELYN I.) PICKNER, a married couple, ) ) : Plaintiffs, ) 1: v. ) ) u OWENS CORNING, et si., ) 1; Defendant. )) e No: 98-2-09390-1 SEA KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS ' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 17 PROPOUNDING PARTY; SYLVTN W. PICKNER and EVELYN I. PICKNER 18 RESPONDING PARTY; KAISER GYPSUM COMPANY, INC. 19 PRELIMINARY STATEMENT 20 . No single person associated with Kaiser Gypsum has the knowledge necessary to supply every 21 answer to these interrogatories and request for production, and a number o f individuals who might have 22 had personal knowledge of the matters addressed by these interrogatories axe either deceased or no 23 longer employees o f Kaiser Gypsum. 24 25 KAJSER GYPSUM COMPANY, INC.'S RESPONSES FO PLAINTIFFS' FIRST SET OF nterjrogatories a n d r eq u est fo r n n i o i k i a i PRODUCTION OF DOCUMENTS - 1 UK u NA Wnsami, Kastner & Gibbi PLLC Two Union Square, Suite 4100 Mail Addreia: F.O. Box Z1916 Q Ut- 05/19/00 20:03 TX/RX NO.0426 P.008 " < To Copies to KAJS;:. GYPSU.Vi m la Ik . S*. N B -O iFJC S M ZM ORAND'JM 1152B PS-Fboo R .L. C.E. J,D . J.D . N.D. D.H. J.F . P .D . A llgood Caprye C assid y Chambers Dicks Homan Modaff Cr'lzisLn V/.L. Traub J.H . Walton R .J . V/ioorn S.R . V/itt ce: ? .J . Franklin G .3. Kirk J.C . R e illy D ate F rom AT S ubject iarch 1 , 1965 L.R. F lick er KC 2452 H ealth Hazards The attach ed m a teria l has been receiv ed from th e Gypsum A s s o c ia t io n and i s p re sen te d f o r your i n form ation. In connection with p rotection against asbestos d u st, i t is advised to use a resp irator with a f i l t e r e sp e c ia lly designed fo r asbestos dust. LRF :sb PLTF 0502 c 0 p Y ' ASBESTOS TS PnT\-r--n nrrr AS CAUSE OE LUNG CAUf*E by Alton B lak eslee AP S c ie n c e W riter C 0 P Y Nt.-7 YOS.< (A*) -- M edical s p e c i a l i s t s p o in ted a str o n g f in d e r o f su sp icio n today at asbestos as a cause not only o f lung cancer u t a l s o or anotner ex trem ely r a r e form o f f a t a l human c a n c e r . . ... T`lls c a n c e r , known as m eso th elio m a , in v o lv e s th e l in i n : the abdominal and ch est c a v it ie s . Much o f th e s p e c i a l i s t s ' e v id e n c e comes from a u to p sy s t u d ie s o f men w orking w ith a s b e s to s as an in s u la t io n m a t e r ia l. ' ' , Tney s a id i t a ls o is p o s s ib le th a t dust from products co n ta in -ng a s b e s to s m ight be exposing p eo p le g en era lly to some r is k o f c a n c e r s . How much r i s k th e re m ight b e , they s a id , th e y cou ld n o t te il. R elease Dust A sbestos is used not only for in su la tio n but as a floorin g m a t e r ia l, in au to m o b ile brake s h o e s , and in many o th e r a p p lic a t io n s . O rdinary wear and t e a r , they s a id , m ight r e le a s e dust in to the atm osphere. - 4;a r e p o r t was p r e se n te d to the American P u b lic H ealth A s s o c ia t io n by D rs. I r v in g J . S e l i k o f f and Jacob Churg o f th e Mount S ^ n ai H o s p it a l, New^York, and E . C u yler Hammond, S c .D ., d ir e c t o r of s t a t i s t i c a l r e s e a r c h fo r th e American Cancer S o c ie t y . Dr. Hamr. vnd i s known f o r h i s s t u d ie s o f c i g a r e t t e smoking in r e la t io n s h ip to lung cancer. . . A s b e s to s i s a m in e r a l, magnesium s i l i c a t e , and about 3 1 /2 t "s o f are used worldwide each"year, they s a id . In 1935, w orldw ide usage amounted to -a b o u t 500 to n s, th e resea rch ers sa id . .m y , hard p a r tic le s of asb estos can lodge in the lungs during m *..ing, p r o c e ssin g and a p p lic a tio n o f a s b e sto s-c o n ta in in g m a te r ia ls or p o s s ib ly from dust r a ise d through normal wear, th ey sa id . ' . ^ad p r e v io u s ly found th a t lung cancer and p o s s ib ly g a s tr o i n t e s t i n a l c a n c e r were markedly in c r e a s e d in in c id e n c e among a s b e s to s lnsnl^ sio^ ," they sa id . PLTF 0503 2 Increase Noted . Now they a l s o f in d a markedly h ig h in c r e a s e among such workers or m esotheliom a, a cancer so rare i t i s not c la s s e d s e p a r a te ly as . a cause of death in the international c la ssific a tio n of diseases. As a prime exam ple, they r e p o r te d fin d in g 10 d ea th s due to th is form or cancer in a stu dy of 307 d e a th s among New York and New Jersey b u ild in g tr a d e s union members engaged in u s in g a s b e s to s a t l e a s t o c c a s io n a lly as an in su la tio n m a te r ia l. By c o n t r a s t , t h i s form o f can cer was found t o be th e cau se o f dea ..h among o n ly th r e e out or more than 3 0 ,0 0 0 a u t o p s ie s in a study o f th e general p opu lation sponsored by the American Cancer S o ciety . Other S tu d ies Other stu d ie s showed a high in c id e n c e not only o f lung cancer but m esoth eliom as among persons who had a s b e s to s p a r t i c l e s in t h e ir lungs a t the time o f th e ir deaths, they s a id . " It would appear th at m esotheliom a must be added to the n e o p la s tic (can cer) r is k s of a s b e s to s in h a la tio n and jo in s lung ca n c e r (53 but o f 307 d ea th s) and probably cancer o f th e stomach and colon (34 of 307 d eath s) as a s ig n if ic a n t co m p lica tio n o f such in d u s tr ia l exposure in the United S ta te s ," th e ir rep ort sa id . The cancers nay not appear u n t i l 20 to 30 years a f t e r asb esto s d u s t i s in h a le d or swallow ed, th ey s a i d . S in c e th e p a r t i c l e s do n e t d i s s o l v e , they may remain in body t i s s u e as a co n tin u o u s source th at might in c it e ultim ate cancer. D r. Hammond s a id one worry i s w hether a few or ever, a s i n g l e p a s t exposure might s e t th e s t a g e f o r c a n c e r . He s a i d t h i s i s a m atter c a llin g for no: e research. Taking precau tion s to avoid b reath in g in a sb esto s dust is a main p r o te c tio n fo r in d u s tr ia l w ork ers, he and Dr. S e l ik o f f s a id . PLTF 0504 -\ A Nc. 142 TO : Cedes A--**- S a f e t y S u p erv iso rs p J . J . From: L. R. F lic k e r Date: March 2 9 , 1966 ' SEASONAL S2.CNDE55 !"- - y - e c _ c a l a u t h o r it ie s tend to show some p o s s ib le com e tie r , -eiw eer. in h a la t io n o f a s b e s to s dust and c a n c e r. 3e c e r t a in tha~~ a l l p e r s o n s w.to wcrx ir. th e v i c i n i t y o f a s b e s to s are wearing a prop"- TM>c- a "Or approved b y -th e U. S . Bureau o f Mines f o r a sb e sto T d u s? . ` * i ' "** FILMS ON BADE STRAIN A ..ev Frit, "Oh, My Aching Back" has been produced by the U. S. Bu~"=u Ci S7 :!f.; V cr* be r--*ed fres 'CF writing the Bureau at 4S8 Forbes Ave"* *- - -a-u rg.t, renr.a. ^TPi: ROPE STP.lTf . _ t S L l Sl qua; ' s r r e p o r t on your w ire rope su rv ey i s due in th e o f f i c e of -.-e o a .e D irecto r l1ater -t--han Atril 15- :--f- -- EMPrlASIS PROGRAM ' ' ".tr*s llrst 9 -a.rter Safety Emphasis program at your plant is ' *" ''"s ---cs O- tr.e Safety Director not later than .April 2 0 .* -.-s ^ l*^ CLGT-~\'G is very truer, a ".-.ct" subject :f:` =-r welders ar.d burners -- ur. _i_ a mar. is burned to in more ways than one. Rd o- su-- oys are still wearing flamable clothir.-- death to correct th-'s -= _:1 " PLAINTIFF'S I EXHIBIT g tto 313^1 \ PLTF 0434 -2- HAZAEDS OF SCALDING WATER . irree men were s e v e r e ly burred wher. showered by sc a ld in g w ater during a puant o p e r a tio n t o c le a n o u t a stopped d r a in . The tem perature o f the ^c:ow:: c o r r e c tio n o f exposure by th e wearing o f p r o t e c t iv e c _ o ..h in g ^ e tc . was n o t ta k e n . Next time your rsn do a job where there i s a ry p o s s i b i l i t y of. b u m s from h ot w ater be ce. ;a in and take ALL p re cautions necessary. * ~ VISUAL EDUCATION As^a p arr o f th e c o n t in u a l e f f o r t o f S a f e ty T raining and E d u cation , th e S a f e t y D ir e c t o r i s d e v e lo p in g a s e r i e s o f colored s lid e s and s c r i p t c o v e r in g ^ s a f e ty s u b j e c t s , taken and a p p lic a b le to our o p e r a tio n s .' The f i r s t ^ s e t on eye i n j u r i e s i s now ready f o r your u s e . We a ls o have s l i d e s on - - i t w*-.ckS j l i i ,,m g ard lo c k o u ts -- a l l yours fo r use u*con your r e quest to the S afety D irector. ' - * rUrrXrrUr p Tp RAW MATERIAL P' ' L u i N DRYWALL A CCE--O R Y PRODUCTS ASBESTOS 7RF10 I.LETI.N NO: DATE: PAGE: RM-J045 6/20/72 1 of 1 CANCELS: DATE: RM-J045 1V4/69 USES: APPROVED SOURCE: ALTERNATE SOURCE *: Joint and Finish Compounds, Texture Paints Philip Carey Johns-Manville S P EC IFIC A T IO N S: 1. Mixing Water Requirement 2. Free moisture (200F) 3. Color 4. Grit 480 to 550 2. 0% Light Gray 0.05% maximum. All passing 80 mesh screen 5. Calcium carbonate (C O ^ method) 6 . Canadian screen ' 7. pH (10% dispersion) 8. Wet bulking 1.0% maximum 0 .0 -0 .0 -0 .0 -1 6 .0 7-8 250-350 PLAINTIFF' I? EXHIBIT r t+ o sw 4 - The following information is for Kaiser Gypsum Company personnel only: Testing Schedule: Take a minimum of one 1/2 pound sample from each pallet in shipment, v.'ith a maximum of 20 samples. Test two random samples for grit and wet bulking. Test 10 samples for mixing water requirements. `Retain a representative sample from each shipment for one year. ' ! SA FETY: Employees should wear respirators when handling, weighing and batching asbestc * Use Alternate Source in emergency only due to color. For regular use, Alternate II Source must be rechecked by Research and "approved. PLTF 0216 -1 0 - U" I.w , RA'.Y I/ATERIAL : '.TIM DRYfALL a c c i ; iSur.I PRODUCTS ftPPROTED SOURCES: ASBESTOS SG 210 " U nion C arbide (SG -210) BULLETIN N O : DATE: PAGE: CANCELS: DATE: RMJ-047 6/20/72 1 of 1 P.M-J2D V W /6^ S P E C IF IC A T IO N : 1 . M agnetite () . . 2 . R e f l e c t a n c e , G. E . P h o t o v o l t (%) 3 . Dry B ulk D e n sity ^ l b s / c u .f t . 4 . Wet S c r e e n , R e ta in on 8 0 n e s h (%) . 325 mesh 2 .5 maximum 6 8 .0 minimum 5-6 . 0 . 8 maximum . 1 5 . 0 maximum ff.ARNIHG ' Em ployees sh o u ld wear r e s p i r a t o r s v;hen h a n d lin g , Y/eighing and batching a sb esto s. " 1 ; ' / PLTF 0218 RAW MATERIAL B' "u . .iN DRYWALLACC. .ORY \ PRODUCTS ASBESTOS 7TF1 jU ILE TIN NO: DATE: - PAGE: RM-JC50 6/20/72 1 of 1 CANCELS: DATE: RM-J050 1/26/71 USES: Joint and Finish Compounds, Texture Paints APPROVED SOURCE: Philip Carey ALTERNATE SOURCE *; Johns-Manvilie SPECIFICATIONS: 1. Mixing Water Requirement 2. Free moisture (200F) 3. Color 4. Grit 5. ` Calcium carbonate (CC^ method) 6. Canadian screen . 7. pH (10% dispersion) 8. Wet bulking 330 to 370 2.0% maximum Light Gray 0.05% maximum. All passing 80 mesh screen 1.0% maximum 0 .0 -0 .0 -0 .0 -1 6 .0 7 .5 -8 .5 ' 100-130 ' The following inform tion is for Kaiser Gypsum Company personnel only: Testing Schedule: . Take a minimum of one 1/2 pound sample from each pallet in shipment, with a maximum of 20 samples. Test, two random samples for grit and wet bulking. Test 10 samples for mixing water requirements. Retain a representative sample from each . ' shipment for one year. SAFETY: Employees should wear respirators when handling, weighing and batching asbestos * Use Alternate Source in emergency only due to color. For regular use, Alternate Source must be rechecked by Research and "approved. " ' -10- PLTF 0219 iR GYPSUM C O M P A Q iN C ^ ^ H. C. IXLpuis KC 2458 . H. L . V/eightman X. V. Smith INTER-OFFICE M EM ORANDUM D ate F rom AT November 1971 j A. F. R a f f a e l l i Antioch ASBESTOS FIBER x n ^ b estos and amount used in our the attached recap shoes the _type f ^ e ! , t out IDS. This q n . or X T X I Z T X S S f ^ ^ r r o . . such as - * * * w ater, coverage. and a p p lic a t io n q u a l i t i e s . , - ' . v ' tns fib e r is r e str ic te d to con- I f L e g is la tio n banning th e u se o accessory products affected r ir ic u o h products that S t " p o im il (S an ta Ana) ,, 4 w i l l be K -S p ra y , V iatl Texture, R ad ian t H e a t ^ r m U s r c , u ir e sor.e . , R a d ia n t H eat Surfacing Compound A l l o f The v(?1Ue3c form ulas su c h 6 a c o 1 1 o n ' f i b e r , whi c wi 1 i r i p i a c e th e l o i , - e d a s b e s to s w ith no lo s s in th e product q u a lity end perform ance. . , " -in _c nnr a c c e s s o r y p r o d u c ts; we w i l l be I f a s b e s to s f i b e r i s banned f r o TM - s u b s t it u t io n o r r e fo r m u la tio n . The .fa ced w ith a more d if f x c u - t Pr ^ f in i s h compounds u se a sh ort fib er^ W all T ex tu re and a lx o i uhe - p" we have red u ced th e f ib e r p e r - S i s t o s . xn one product (Topping C o ^ u n d W exp erien ce on product develo; centage to le s s than au with no asb esto s fib e r . - /c Attachment -3- gm m m m m m m m m PLAINTIFF'S m EXHIBIT / PLTF 0333 C O B H TO S u b je c t INT&R-OFF1CE M E M O R A N D U M G. B. K i r k 1 1 4 5 K3 J. W. 3 1 e w ett R. c. Crowle H. c. Dupuis P. J. F r a n k l i n C. R. Grimme G. M . P e r r y r - F r a ? n p t 2459 2447 2453 2451 J. 2470 E. 2657 J . H. W alton - 158b . Asbestos - Labeling Kaiser D ate F bom K. P a rk e r - 2649 N. Reddick - 2 6 5 ^ T " Cement Products /t . */ W 'y f<.. :' September 2S, Toocey U 61 u? tu. f , V ! IS T h is memorandum d e a ls w ith t h e la b e l in g o f th e packages of K a i s e r Gypsum Company, I n c . , f o r i t s v a r i o u s gypsum p ro d u c ts c o n t a i n i n g a s b e s t o s or o t h e r m a t e r i a l s , t h a t some sources have a l l e g e d to be i n j u r i o u s to h e a lth , and is w r i t t e n at the re q u e st oi Jim Parker. I t i s my r e c o m m e n d a t i o n t h a t K a i s e r Gypsum n o t a p p l y c a u t i o n o r w a r n i n1gcr 1l aa bK eo ll sc *t+o/%_ a n y o* fj: i t^ s_ p__a_c__k__a__g__e_s , e x c e p t, " t.h. o s e c o n t a i n i n g a s b e s t o s , an d a s t o t h e m , c a u t i o n l a b e l s s h o u l d be a p p l i e d to each package, which lab els a re to be p rin te d in l e u t e r s of s u f f i c i e n t siz e and con trast as to be read ilv v i s x o l e and l e g i b l e . The l a b e l s s h a l l s t a t e : CAUTION . Contains Asbestos Fibers Avoid C re atin g Dust B r e a t h i n g A s b e s t o s D u s t May C a u s e S e r i o u s B o d i l y Harm Immediately below the lab el but not necessarily in le tte rin '7 Oj. t h e s a m e s i z e , i n s e r t " A b o v e l a b e l i s i n c o m p l i a n c e w i t h 3 F e d e ra l R eg u latio n s r e l a t i n g to Occupational, Safety, and h e a l t h S t a n d a r d s , 29 CFR 1 9 1 0 . 9 3 a . " The r e a s o n f o r usin g the fo re g o in g l a b e l only f o r a sb esto s- c o n t a i n i n g p ro d u c ts i s t h a t th e y are th e only gypsum products w h i c h F e d e r a l l a w s , a t t h i s t i m e , r e q u i r e t o be marked The r e g u l a t i o n went in to e f f e c t J u ly 7, 1972. T h e re fo re , eve" s d o u I d ke made t o i m m e d i a t e l y comply w i t h i t . The l a b e l s h o u ld be a p p l i e d by s t e n c i l , s ta m p s, s t i c k e r s , or w h a t e v e r may be t h e mos t c o n v e n i e n t means f o r p r o m p t c o m p l i a n c e . I t i s recommended t h a t no r e f e re n c e be as to the e f f e c t of any oth e r m aterial Gypsum or tr e a tm e n t given i t s products made, or marketed such as warning given, by K a ise r mixing or PLAINTIFFS EXHIBIT 13 p\_TF 0302- 2 s a n d i n g , b e c a u s e t h e r e a r e no e x i s t i n g F e d e r a l o r S t a t e laws J ^ ^ o n s w h i c h r e q u i r e t h e m* a n d t h e r e a p p e a r s t o be considerable contusion and c .sagreement as to t h e i r need or hether o r not any harmful e f f e c t s r e s u l t from such other ma e n a l . T h e r e f o r e , a t t h i s s t a g e , t o v o l u n t e e r i n s t r u c t i n g "J? glve r i f e t0-inferences, im plications, construc t i o n s t h e c c - r e c t n e s s o f w h i c h i s now i n d o u b t , a n d t h e e f f e c t o f w h i c h may be t o a d d f u r t h e r t o t h e c o n f u s i o n . This memorandum does not d e a l w ith th e use and h a n d lin g of a sb e s to s and o th e r m a te r ia ls in gypsum m an u factu rin g opera t i o n s ^in our p l a n t s sin c e our S a f e t y , M edical, and IR organizations are involved with these m atters. * : jn Th e a b o v e i s b a s e d or. a c o m p r e h e n s i v e i n v e s t i g a t i o n which " Ln 3-e _ ai:id 1 h a v e m a d e - H o w e v e r , t h e r e i s a p r o l i f e r a t i o n r u le s , re g u la tio n s , e t c . , is su in g from govern m e n t a l b o d i e s a t t h i s t i m e d e a l i n g w i t h p o t e n t i a l l y harm u l s u b s t a n c e s a n d t h e l i k e . T h e r e f o r e , i f a n y o f you now know, o r l a t e r l e a r n , of any r e q u i r e m e n t f o r a p p ly in g warning or cau tio n la b e ls to our products, please advise me o r E r n i e R e d d i c k . pL lF 0303 KAISER GYPSUM COMPANY, INC. To G. 3 . K irk A r Oakland INTER-OFFICE MEMORANDUM 115 Kry . iCN C o i t i t i TO J . W, B le w e tt ( v ia T. Y. Sm ith H. L. Weightman A. F. R a f t a e l i i G3K) SUIJCCT DST FROM JOINT CCMPOUKD JOB 0FEHA2T0NS FL 4 .1 .0 00022 We have r e c e iv e d a group o f three r e p o r ts from th e Gypsum A ssociation cover j i g ^amounts o f asjggspog and .s ilic e o u s du sts gen erated during mixing and sa n d in g o f j o in t compounds on t y p ic a l jo b s. The o v e r a l l summary by th e t e s t in g agency s t a t e s , "There was evidence o f exposure ^o f workers t o airborne c o n c e n tr a tio n s o f a s b e s to s and both t o t a l and r e s p ir a b le s i l i c e o u s d u st in e x c e ss o f a ccep ta b le lim it s as estab lis h e d by CSnA. Because o f the h ig h c o n c e n tr a tio n s o f t o t a l dust gener a ted d u rin g the m ixing and sanding a c t i v i t i e s , i t i s c le a r th at con trol o f th e t o n a l dust problem would provide an in h eren t c o n tr o l of the a sso claw ed aSwSSwOS and s i l i c a problsias ss w e l l , 11 The f i r s t rep orc d e a ls w ith dry and premix products from th e other f iv e 5112Jor gypsum com panies, w ith "GC m a te r ia ls not in c lu d ed . The dust sam p le s c o lle c te d were so heavy that r e lia b le t e s t s fo r asbestos could not oe made, only s ilic e o u s dust values are reported. The secon d r e p o r t covers a recheck u sin g dry and premix products from two 'of th e above companies on s i l i c e o u s d u st v a lu e s . The th ir d r e p o r t covers a sb e sto s d u st from th e products used fo r the second re ce n t. a summary o f th e t e s t data i s a tta c h e d . cur own t e s t s on our own p rod u cts. ACTION PFCUTRTD- A lso attach ed i s a summary o f 1) Review and recommendation as t o whether a s b e s to s warning la b e ls may l e g i t i m a t e l y be removed from our premix p rod u cts. The law sta te s t.ia t "no la b e l i s required where a sb e sto s fib e r s have been modified by a bending agent, co a tin g , binder or other m a teria l so that during any r e a s o n a b ly 'fo r e s e e a b le u s e , no airb o rn e c o n c e n tr a tio n s o f asbes to s f i o e r s in ex cess o f the p r e scr ib e d exposure lim it s w ill be r e le a s e d ." Our company is the cr.ly m ajor company carrying the asbes t o s warning on i t s premix ar.d i t i s c o s t in g us b u s in e s s . 2) Recommendation as to company's p o s it io n on what i s next step to be taxer, by the Gypsum A s s o c ia tio n Study Committee on t h is p r o jec t. ' JSS/sc* i s aLrsadJ' cn record in favor o f p la c in g the asbestos ' a dust xa rT--r-S s " a hi hags and p a i l s o f jo in t compound. At tac.-.T.er.c PLAINTIFF'S EXHIBIT Ip //- PLTF 0495 SUMMARY OF CY?SUU ASSOCIATION ?3PORTS FIRST ?.~?C?.T September 1973 t e s t s - S ilic eo u s Dusts (asb estos dust data not r e lia b le ) M ixing o f 5 dry powder j o in t compounds (n o t in clu d in g K a ise r ) Worker exposure (b reath in g zon e): T otal dust - S .9 to 2 1.6 mg/cu m 8 hr TWA OSrIA lim it *-* * R espirable dust - 1.3 to 9.1 ng/cu a * General area exposure: T otal dust - 1 0 .S to 3 4 .0 mg/cu m R espirable dust - 0 .8 to 2 .6 mg/cu m 3.1 to 9.7 * Sanding o f j o in t s from 5 dry powders and 5 p r e a ix e s Worker exposure (b rea th in g zon e): T otal dust - 7 2.5 to 244.4 mg/cu m R espirable dust - 1.5 to 5.6 mg/cu m General area exposure: 2.1 to 15.0 * T otal dust - 2 7 .7 to 1 3 6 .7 mg/cu a R esp irab le dust - 4 .4 to 2 3 .0 mg/cu m 4.0 to 15.0 0.7 to 5.0 * net c a lc u la b le because samples too sm all to analyze for fr e e s i l i c a content needed for the c a lc u la tio n . Respirable dusts are s p e c ific s iz e fra ctio n s o f the to ta l dust. The 03HA l im it amounts vary because th e y are depend ,t on th e amount c f s i l i c a prasent. SLCT5S: 1 ) There was no s ig n if ic a n t d iff e r e n c e among dust l e v e l s generated by sending J o in t s which used dry powder compounds v ersu s th o se which used premix ccrapcur.ds. 2 ) No one p3.".u fa c tu r a r 's product was s i g n i f i c a n t l y c lo s e r to complying with 0Sr-A lim it s than were the o th e r s . 3) I t i s s a id th a t the in d iv id u a l worker i s u n lik e ly t o have more than 2 h r s . d ir e c t exposure to mixing or sanding each workday. PL.TF:0496 . SUGARS OF GYPSUM ASSOCIATION REPORTS SECOND REPORT ' November 1973 t e s t s - S ilic e o u s Dusts . M ixing o f two dry powder jo in t compounds Worker exposure (breathing zone): 8 hr TWA OSHA Limit T o ta l dust - 11.7 and 33 .8 mg/cu a R e sp ir a b le dust - < 8 .5 and 6 .9 mg/cu a G eneral area exposure: T o ta l du st - 121.6 and 98.3 mg/cu m 6 .7 and 5 .A R esp ira b le dust - 13 .8 and 1 2 .2 mg/cu m Sanding o f jo in ts from 2 dry powders 1 .3 and * Worker exposure (breathing zone): T o ta l dust - 1G9.5 and 196.3 m g/cu m 8 .8 and 5.C R e sp ir a b le dust - 3 .3 and 2 .0 mg/cu m . G eneral area exposure: T o ta l d u st - 9 6 .A and 7 6 .5 mg/cu a 8 .3 and A.O R e sp ir a b le dust - 14.6 and 7 .6 mg/cu m 3 .3 and 1J9 Sanding o f jo in ts from 2 prenixes Worker exposure (breathing z o n e ): T o ta l d u st - 6 9 .2 and 87 .3 mg/cu a 9 . A and 10.0 R e sp ir a b le dust - 3 .9 and 6 . A m g/cu m G eneral area exposure: T o ta l d u st - 5A.9 and 91.3 mg/cu m 5 .6 and 1.5 R e sp ir a b le dust - .9 and 7 .9 * and 3 .1 * Not c a lc u la b le because samples too sm all to analyse fo r fr e e s i l i c a content needed for the ca lcu la tio n . . The OSHA l i m i t amounts vary because they are dependent on th e amount o f s i l i c a p resen t. NOTE: 1) I t i s sa id t h a t the in d iv id u a l worker i s u n lik e ly to have more than 2 h rs. d ir e c t exposure to mixing or sanding each workday. ; PLTF 0497 S2.1AAF.1 OF GY?SU?.' ASSOCIATION RZPCRTS THIRD HZPOHT November 1973 te s ta - Asbestos Eust (fib e r s lon ger than 5 micrometers) OSHA Standard - continuous exposure 5 fibers/cc OSHA Standard - peak exposure ; 10 f ib e r s /c c Worker exposure (breathing z o n e ): M ixing: 1 s t dry compound 2nd dry compound Sanding: 10 min, samples avg 1 s t dry compound 2nd dry compound fib ers/cc 1 s t premix 1.2 2nd premix 1 0 .3 31.1 fib ers/cc 7.6 fib ers/cc 30 min, samples aliquoted 4 redeposited 39.1 fib ers/cc 11.8 11.1 9.7 6 o f 13 sanding t e s t s (10 min. sam ples) in d ica ted concentrations in ex cess of 5 fib ers. 2 o f 13 sanding t e s t s (1 0 min. sam ples) in d ic a te d con cen tration s in e x c e ss o f 10 fib e r s . . - NOTH: 1 ) ' I t i s sa id th a t th e in d iv id u a l worker i s u n lik e ly t o have more th a n 2 h r s. d ir e c t exposure to mixing or sanding each workday. PLTF 0498 RZSUITS OF TZ5T WITH KGC COMPOUNDS 2Y UNION C.J=.2IOE A sb esto s Dust (fib e r s longer than 5 micrometers) Worker exposure (breathing zo n e): . M ining j o in t compound w ith d r i l l mixac M ixing f in is h in g compound with p o ta to masher Sending j o in t donew ith Premiz Topping Sanding jo in t donewith Premix Dual Purpose Sand ing j o in t done w ith F in ish in g Compound fib e r s/c c 54.6 66.5' 4,3 1.1 2 .8 ' HOTS: S in c e i n no c a se th e sampling time was lo n g e r than 2 m in u te s, th ese dataashould be used only as general guides to in d ica te gross r e la tiv e d ifferen ces. PLTF 049,9 KAREN MARCUS, ESC 2 KINCAJ. , GIANUNZIO, CAUDLE & HUBERT A P ro fessio n al C orporation 3 2 0 0 W e b s t e r S t r e e t , S u i t e 2 0 0 __ P .O . Box 1828 V r 4 O akland, C a lifo rn ia 94604-0828 (415) 465-5212 5 A ttorneys fo r D efendant 6 KAISER GYPSUM COMPANY, INC. r . i j u 0 i 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 9 IN AND FOR THE COUNTY OF ALAMEDA 10 IN RE: SHIPYARD AND APPLICATOR ASBESTOS CASES (CONSOLIDATED 11 FOR DISCOVERY) J 12 NO: 5 3 7 8 6 8 - 7 KAISER GYPSUM COMPANY, IN C . ' S ANSWERS TO P L A IN T IF F 'S FIRST SET OF INTERROGATORIES 13 PROPOUNDING PARTY P lain tiffs 14 RESPONDING PARTY D e f e n d a n t KAISER GYPSUM COMPANY, INC. 15 SET NUMBER ONE 16 DATE J u ly 31, 1987 17 GENERAL OBJECTIONS 18 The fo llo w in g g e n e ra l o b je c tio n s a re in ten d ed to apply to 19 e a c h a n d e v e r y i n t e r r o g a t o r y a n d i n f o r m a l p r o d u c t i o n r e q u e s t 20 c o n t a i n e d h e r e i n , a n d t h e s e g e n e r a l o b j e c t i o n s a r e h e r e b y 21 i n c o r p o r a t e d b y r e f e r e n c e i n t o e a c h o f t h e i n t e r r o g a t o r y a n s w e r s 22 a n d p r o d u c t i o n r e q u e s t r e s p o n s e s h e r e i n a f t e r c o n t a i n e d w h i c h a r e 23 o f f e r e d i n t h e s p i r i t o f d i s c o v e r y , a n d w i t h o u t w a i v i n g t h e s e 24 g e n e r a l o b j e c t i o n s o r a n y s p e c i f i c o b j e c t i o n s c o n t a i n e d 25 h e r e i n a f t e r . KAISER GYPSUM COMPANY, IN C . ("KAISER GYPSUM") 26 o b j e c t s t o p l a i n t i f f ' s d e f i n i t i o n s a n d i n s t r u c t i o n s a n d 27 i n t e r r o g a t o r i e s i n t h e i r e n t i r e t y o n t h e g r o u n d s t h a t t h e y a r e 28 o v e r b r o a d , b u r d e n s o m e , h a r a s s i n g a n d o p p r e s s i v e . F u r t h e r m o r e , :io, _ <9 / 9 2x7 1 ' > - 1 MS- r" 2 / 5 T fO 1 * - ox c c t o t o p i a j_r.i i ' i d e l i ; . j . i i o n s anci m c t . r u c t x o n s 2 and i n te r r o g a to r i e s in t h e i r e n ti r e t y on th e grounds and to th e 3 e x te n t t h a t th e y seek to impose o b lig a tio n s which a re beyond 4 th o s e posed by th e C a lif o r n ia Code o f C iv il P ro c e d u re , seek 5 d isco v e ry in v io la tio n of th e a tto rn e y w ork-product and 6 a t t o r n e y - c l i e n t p r iv i le g e s and seek to compel d is c o v e ry on b e h a lf 7 o f o t h e r p e r s o n s o r e n t i t i e s . KAISER GYPSUM o b j e c t s t o 8 p l a i n t i f f 's d e fin itio n of " th is defendant" to th e e x ten t th a t i t 9 p u rp o rts to re q u ire inform ation as to a ll predecessors in 1C i n t e r e s t , s u c c e s s o r s i n i n t e r e s t , a n d s u b s i d i a r i e s w h i c h a r e n o t 11 p a r t i e s t o t h i s a c t i o n . W i t h o u t w a i v i n g a n y g e n e r a l o r s p e c i f i c 12 o b j e c t i o n s , KAISER GYPSUM r e s p o n d s t o p l a i n t i f f ' s c o n s o l i d a t e d 13 F i r s t S e t o f I n t e r r o g a t o r i e s o n i t s own b e h a l f a s f o l l o w s : 14 ANSWER TO INTERROGATORY NO. 1 : 15 D o n n a M. A n d e r s o n A ssistan t S ecretary 16 300 L akeside D rive O akland, C a lifo rn ia 17 G e o r g e K i r k ( R e t i r e d ) 18 720 Palom ar D rive Redwood C ity , C a lif o r n ia , 94062 19 H a r l a n D u p u i s ( R e t i r e d ) 20 30 Tappan Lane O rinda, C a lifo rn ia , 94563 21 22 ANSWER TO INTERROGATORY NO. 2 : 23 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 24 b u r d e n s o m e , h a r a s s i n g a n d o p p r e s s i v e . R a t h e r t h a n " i d e n t i f y e a c h 25 d o c u m e n t , " KAISER GYPSUM o f f e r s t o m a k e a v a i l a b l e t o p l a i n t i f f 26 f o r i n s p e c t i o n a n d / o r c o p y i n g a n y r e l e v a n t , n o n p r i v i l e g e d 27 d o c u m e n t s i n i t s p o s s e s s i o n t h a t a r e r e s p o n s i v e t o t h i s s e t o f 28 i n t e r r o g a t o r i e s , a t o r n e a r i t s c o r p o r a t e h e a d q u a r t e r s i n 10, -2- az a m u t u a l l y a g r e e d u p c a t i n t , 1 2 p la in tif f 's expense. 3 ANSWER TO INTERROGATORY NO. 3 : 4 a KAISER GYPSUM COMPANY, INC 5 b. W ashington 6 c . November 28, 1927 7 d 300 L ak esid e D riv e, O akland, C a lif o r n ia 8 e. None 9 ANSWER TO INTERROGATORY NO. 4 : 10 KAISER GYPSUM b e c a m e q u a l i f i e d t o d o b u s i n e s s i n C a l i f o r n i a 11 o n N o v e m b e r 2 6 , 1 9 5 2 . 12 ANSWER TO INTERROGATORY NO. 5 : KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s i r r e l e v a n t 13 and not reasonably c a lc u la te d to lead to th e discovery of 14 a d m i s s i b l e e v i d e n c e . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 15 in te r r o g a to r y as vague and ambiguous as to th e p h ra se " a f f i l i a t e 16 c o r p o r a t i o n . " W i t h o u t w a i v i n g s a i d o b j e c t i o n s , KAISER GYPSUM 17 s t a t e s t h a t none o f i t s form er s u b s id ia r ie s o r p re d e c e sso rs were 18 engaged in th e m ining, m anufacturing, s a le o r d is trib u tio n of 19 asb esto s or any a sb e sto s-co n ta in in g p ro d u cts. 20 ANSWER TO INTERROGATORY NO. 6 : 21 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 22 b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 23 in te rro g a to ry as overbroad to th e ex ten t th a t i t req u ests 24 in fo rm a tio n fo r p e rio d s o f tim e d u rin g w hich t h i s d efen d an t 25 n e ith e r m anufactured nor d is trib u te d a sb e sto s-co n ta in in g 26 m a te ria ls and re q u e sts in fo rm atio n fo r p erio d s of tim e during 27 w hich t h i s d efen d an t d id n o t engage in any m an u factu rin g o r 28 no, -3- 1 d i s t r i b u t i o n a c t i v i t i e s . KAI5LR GYPSUM f u r t h e r o b j e c t , k c- 2 in te rro g a to ry as vague and am biguous. W ithout w aiving sa id 3 o b j e c t i o n s , KAISER GYPSUM s t a t e s t h a t i t d i d n o t h a v e a f o r m a l 4 "co rp o ra te s tru c tu re and p o lic y concerning th e su b je c t of 5 em ployee s a f e ty in th e d e sig n , developm ent, m an u factu re, te s tin g 6 and use o f a s b e s to s -c o n ta in in g p ro d u c ts from 1930 to th e 7 p r e s e n t . " KAISER GYPSUM m a n u f a c t u r e d a s b e s t o s - c o n t a i n i n g 8 p ro d u c ts betw een th e y e a rs 1953 and 1978. D uring t h a t tim e , i t 9 had v a rio u s p o lic ie s and p ro ced u res re g a rd in g em ployee s a fe ty in 10 t h e p l a n t s . D u r in g r e l e v a n t t i m e p e r i o d s , som e o f t h e s e p o l i c i e s 11 a n d p r o c e d u r e s may h a v e e n c o m p a s s e d e m p lo y e e s a f e t y w i t h 12 r e f e r e n c e t o r e d u c i n g o r e l i m i n a t i n g e m p lo y e e e x p o s u r e t o 13 a s b e s t o s i n t h e p l a n t s . 14 ANSWER TO INTERROGATORY NO. 7 : 15 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 16 b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 17 i n t e r r o g a t o r y a s o v e r b r o a d i n s c o p e t o t h e e x t e n t t h a t i t 18 r e q u e s t s i n f o r m a t i o n f o r p e r i o d s o f t i m e d u r i n g w h i c h t h i s 19 d e f e n d a n t d i d n o t m a n u f a c t u r e o r d i s t r i b u t e a s b e s t o s - c o n t a i n i n g 20 p r o d u c t s n o r e n g a g e i n any m a n u f a c tu r in g o r d i s t r i b u t i o n 21 a c t i v i t i e s . W i t h o u t w a i v i n g s a i d o b j e c t i o n s , KAISER GYPSUM 22 s t a t e s t h a t i t d i d n o t h a v e a " c o r p o r a t e s t r u c t u r e c o n c e r n i n g t h e 23 s u b j e c t o f r e s e a r c h a n d d e v e l o p m e n t o f a s b e s t o s - c o n t a i n i n g 24 p r o d u c t s f r o m 1 9 3 0 t o t h e p r e s e n t . " . T h r o u g h o u t t h e y e a r s , KAISER 25 GYPSUM m a i n t a i n e d a R e s e a r c h a n d D e v e l o p m e n t D e p a r t m e n t w h o s e 26 r e s p o n s i b i l i t i e s i n v o l v e d r e s e a r c h a n d d e v e l o p m e n t o f new 27 p r o d u c t s , new f o r m u l a e , q u a l i t y c o n t r o l a n d s i m i l a r 28 r e s p o n s i b i l i t i e s . >F : .10, The M anager o f th e R esearch and Developm ent 4- ' 1 G ro u p w as H a r l a n C. D u p u i s , r e t i r e d , 30 T a p p a n L a n e , O r i n d a , 2 C a l if o r n ia , 94563; th e D ir e c to r o f R esearch and Q u a lity was 3 G eo rg e B. K irk , r e t i r e d , 720 P a lo m a r D riv e , Redwood C ity , 4 C a l i f o r n i a , 9 4 0 6 2 ; t h e P r o d u c t D e v e l o p m e n t S u p e r v i s o r w a s P a u l W. 5 T i llis c h , ad d ress unknown. 6 ANSWER TO INTERROGATORY NO. 8 : 7 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s i r r e l e v a n t 8 and not reasonably c a lc u la te d to lead to th e discovery of 9 a d m i s s i b l e e v i d e n c e . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 10 GYPSUM s t a t e s t h a t d u r i n g t h e l i m i t e d p e r i o d o f t i m e d u r i n g w h i c h 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ht / O F F IC ES O F 'ICID. GIANUNZIO. UDLE HUBERT A PROFESSIONAL C O R P O R A TIO N X`-LAWNOE.B SCTAE R94S6T0R7-E3E7T69 14 1 4 A A . A 9 1 > i t m anufactured and d is trib u te d a sb e sto s-c o n ta in in g p ro d u cts, i t w a s k n o w n a s KAISER GYPSUM COMPANY, IN C . * ' ANSWER TO INTERROGATORY NO. 9 : KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d a n d i r r e l e v a n t . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER GYPSUM s t a t e s th a t n e ith e r i t s p red ecesso r, s u b s id ia rie s , or any co rp o ratio n in w hich t h i s d efen d an t h o ld s, o r h e ld , a c o n tro llin g in te r e s t , has m ined, m anufactured, so ld , d is tr ib u te d , im ported o r su p p lie d any a s b e s t o s - c o n t a i n i n g p r o d u c t ( s ) . KAISER GYPSUM d o e s n o t h a v e a " s u c c e s s o r i n i n t e r e s t . " As t o p a r e n t c o r p o r a t i o n , s e e KAISER CEMENT's A n sw ers t o t h i s same s e t o f i n t e r r o g a t o r i e s . ANSWER TO INTERROGATORY NO. 1 0 : S e e KAISER CEMENT'S A n sw e rs t o t h i s s e t o f i n t e r r o g a t o r i e s . ANSWER TO INTERROGATORY NO. 1 1 : KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s in te r r o g a to r y as vague and am biguous as to th e p h ra s e s "raw am osite asb esto s fib e r" and "am osite a sb e sto s-c o n ta in in g products -5- 1 a n :./o r m a t e r i a l s . " W ith o u t w a iv in g s a i d o b j e c t i o n s , . .'.ISER 2 GYPSUM r e s p o n d s t h a t i f p l a i n t i f f ' s r e f e r e n c e s t o " a m o s i t e " r e f e r 3 t o a v a r i e t y o f a n a m p h i b o l e , KAISER GYPSUM n e v e r e n g a g e d i n t h e 4 m ining, m illin g , supply, im porting, p ro c e ssin g , d is trib u tin g , 5 m a rk e tin g , s a le , m ixing a n d /o r com pounding, m an u factu re, supply, 6 a n d /o r im p o rtin g o f raw am o site a sb e s to s f ib e r a n d /o r am o site 7 asb esto s-co n tain in g products and/or m a te ria ls. 8 ANSWER TO INTERROGATORY NO. 1 2 : 9 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 10 b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 11 i n t e r r o g a t o r y a s o v e r b r o a d i n i t s s c o p e t o t h e e x t e n t t h a t i t 12 r e q u e s t s i n f o r m a t i o n f o r p e r i o d s o f t i m e d u r i n g w h i c h t h i s 13 d e f e n d a n t d i d n o t m a n u f a c t u r e o r d i s t r i b u t e a s b e s t o s - c o n t a i n i n g 14 p r o d u c t s n o r w a s i t e n g a g e d i n t h e m a n u f a c t u r i n g o r d i s t r i b u t i o n 15 o f a n y p r o d u c t s . W i t h o u t w a i v i n g s a i d o b j e c t i o n s , KAISER GYPSUM 16 r e s p o n d s a s f o l l o w s : 17 a. - i. See E x h ib it 1, attach ed h e re to . 18 j. KAISER GYPSUM n e i t h e r p r e s e n t l y o p e r a t e s n o r e v e r 19 o p e r a t e d o r h a d a n o w n e r s h i p i n t e r e s t i n a n y a s b e s t o s m i n e . 20 k. See E x h ib it 2, a tta c h e d h e re to . 21 l. KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y s u b p a r t a s overbroad, burdensom e, h a ra ssin g and o p p re ssiv e . W ithout w aiving 22 23 s a i d o b j e c t i o n , KAISER GYPSUM s t a t e s t h a t i t h a s n o t d o n e a 24 c o m p l e t e r e v i e w o f i t s s a l e s r e c o r d s a n d i n v o i c e s , s o i t i s 25 u n a b l e t o r e s p o n d t o t h i s i n t e r r o g a t o r y w i t h t h e s p e c i f i c i t y 26 r e q u e s t e d . KAISER GYPSUM h e r e b y o f f e r s t o m a k e a v a i l a b l e t o 27 p l a i n t i f f f o r i n s p e c t i o n a n d / o r c o p y i n g a n y r e l e v a n t s a l e s 28 r e c o r d s i n i t s p o s s e s s i o n a t o r n e a r i t s c o r p o r a t e h e a d q u a r t e r s >F 10, -6- T : n C .k ia n c . C o l l i o r n i a , a t a m utually agreed upon 2 p la in tif f 's expense. 3 m. KAISER GYPSUM n e v e r m i n e d , m a n u f a c t u r e d , s o l d o r 4 d is trib u te d asbestos fib e rs; th erefo re, th is subpart is not 5 applicable. 6 n. No. 7 o. See E x h ib it 1, a tta c h e d h e re to . 8 p. T here a re volum inous docum ents and re c o rd s which s e t 9 fo rth th e inform ation req u ested in th is in te rro g a to ry . These 10 d o c u m e n t s i n c l u d e s a l e s b r o c h u r e s , p r o d u c t s p e c i f i c a t i o n s h e e t s , 11 t e s t r e p o r t s , a n d n u m e ro u s o t h e r d o c u m e n t s . T he c u s t o d i a n o f 12 r e c o r d s i s C l i f f o r d W. R o g e r s , 3 0 0 L a k e s i d e D r i v e , O a k l a n d , f 13 C a l i f o r n i a . 14 ANSWER TO INTERROGATORY NO. 1 3 : 15 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 16 b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 17 i n t e r r o g a t o r y a s o v e r b r o a d i n s c o p e t o t h e e x t e n t t h a t i t 18 r e q u e s t s i n f o r m a t i o n f o r p e r i o d s o f t i m e d u r i n g w h i c h t h i s 19 d e f e n d a n t n e i t h e r m a n u f a c t u r e d o r d i s t r i b u t e d a s b e s t o s - c o n t a i n i n g 20 p r o d u c t s n o r a n y p r o d u c t s . W i t h o u t w a i v i n g s a i d o b j e c t i o n s , 21 KAISER GYPSUM r e s p o n d s t h a t i t h a s n e v e r e n g a g e d i n t h e m i n i n g , 22 m i l l i n g , s u p p l y , i m p o r t i n g , p r o c e s s i n g , d i s t r i b u t i n g , m a r k e t i n g , s a le s , m ixing a n d /o r compounding, m an u factu re, su p p ly , a n d /o r 23 24 i m p o r t i n g o f r a w c r o c i d o l i t e a s b e s t o s f i b e r s a n d / o r c r o c i d o l i t e asb esto s-co n ta in in g products and/or m a te ria ls. 25 ANSWER TO INTERROGATORY NO. 1 4 : 26 27 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 28 b u r d e n s o m e a n d h a r a s s i n g . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER yp :io, -7- 1 rerponas hat- n e v e r enqagec he m ining, 1 2 supply, im porting, p ro cessin g , d is trib u tin g , m arketing, sa le , m ixing a n d /o r compounding, m an u factu re, su p p ly a n d /o r im p o rtin g 3 4 o f raw a c t i n o l i t e a sb e s to s f ib e r a n d /o r a c t i n o l i t e a s b e s to s - c o n ta in in g 'p ro d u cts an d /o r m a te ria ls . 5 6 ANSWER TO INTERROGATORY NO. 1 5 : KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 7 b u rd e n s o m e a n d h a r a s s i n g . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 8 GYPSUM r e s p o n d s t h a t i t h a s n e v e r e n g a g e d i n t h e m i n i n g , m i l l i n g , 9 supply, im porting, p ro cessin g , d is trib u tin g , m arketing, sa le , 10 m ixing a n d /o r com pounding, m an u factu re, su p p ly a n d /o r im p o rtin g 11 o f raw a n th o p h y llite a s b e s to s f ib e r a n d /o r a n th o p h y llite 12 I asb esto s-co n tain in g products and/or m a terials. 13 ANSWER TO INTERROGATORY NO. 1 6 : 14 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 15 b u rd e n s o m e a n d h a r a s s i n g . W ith o u t w a i v i n g s a i d o b j e c t i o n , KAISER 16 GYPSUM r e s p o n d s t h a t i t h a s n e v e r e n g a g e d i n t h e m i n i n g , m i l l i n g , 17 supply, im porting, p ro cessin g , d is trib u tin g , m arketing, sa le , 18 m ixing a n d /o r com pounding, m an u factu re, su p p ly a n d /o r im p o rtin g 19 o f raw tr e m o lite a s b e s to s f ib e r a n d /o r tr e m o lite a s b e s to s 20 c o n ta in in g p ro d u c ts a n d /o r m a te r ia ls . However, i t was l a t e r 21 d isc o v e re d th a t v e rm ic u lite , one o f th e com ponents o f th e N u ll22 A -F ire w a llb o a rd , c o n ta in e d a m in u te a s b e s to s im p u rity (two one23 h u n d re d th s o f one p e rc e n t tre m o lite ) w hich was t o t a l l y 24 encapsulated in th e v erm icu lite. 25 ANSWER TO INTERROGATORY NO. 1 7 : 26 See E x h ib it 1, a tta c h e d h e re to . 27 28 / / / JF :io. -8- n In 1975, a s b e s to s was e lim in a te d from th e p ro d u c t form ulae 3 o f KAISER j o i n t an d f i n i s h i n g com pounds, KAISER t e x t u r e p a i n t s 4 a n d KAISER K -S p ra y c e i l i n g t e x t u r e , and m a n u f a c tu r e o f t h e s e 5 p ro d u c ts was d is c o n tin u e d in 1978 upon s a le o f th e m an u factu rin g 6 f a c i l i t i e s and b u s i n e s s . M a n u f a c tu re o f KAISER a c o u s t i c a l 7 m in e ra l fib e rb o a rd was d isc o n tin u e d in 1974. M anufacture of 8 KAISER N u l l - A - F i r e w a l l b o a r d was d i s c o n t i n u e d i n 1978 upon s a l e 9 o f th e m anufacturing f a c i l i t i e s and b u sin e ss. 10 ANSWER TO INTERROGATORY NO. 1 9 : 11 I n t h e 1 9 7 0 ' s , w h en KAISER GYPSUM b e c a m e g e n e r a l l y a w a r e o f -------------- -------------------------- --------------- ------------------------- -- -- --- --- 12 t h e p o t e n t i a l h e a l t h h a z a r d s o f a s b e s t o s , i t b e g a n r e s e a r c h i n g 13 a n d t e s t i n g t o d e v e l o p f o r m u l a e f o r i t s p r o d u c t s w h i c h w o u l d n o t 14 n e c e s s i t a t e t h e a d d i t i o n o f a s b e s t o s . A f t e r s e v e r a l y e a r s o f 15 t e s t i n g , KAISER GYPSUM d e v e l o p e d a v e r y f i n e p a p e r f i b e r m a t e r i a l 16 f o r u s e a s a s u b s t i t u t e f o r a s b e s t o s i n i t s c e i l i n g t e x t u r e 17 p r o d u c t . A l s o , a f t e r s e v e r a l y e a r s o f r e s e a r c h a n d t e s t i n g , i t 18 w a s d i s c o v e r e d t h a t W a l l o s t o n i t e ( a f i b r o u s m i n e r a l ) w a s a 19 s a t i s f a c t o r y s u b s t i t u t e f o r a s b e s t o s i n j o i n t c o m p o u n d s . 20 E v e n t u a l l y , KAISER GYPSUM r e p l a c e d t h e a s b e s t o s i n i t s K - S p r a y 21 w i t h a s p e c i a l l y p r o c e s s e d c e l l u l o s e f i b e r . To t h e b e s t o f 22 KAISER GYPSUM's k n o w l e d g e , t h e a s b e s t o s - c o n t a i n i n g r e p l a c e m e n t ^ 23 p r o d u c t s f i r s t w e n t i n t o p r o d u c t i o n i n 1 9 7 5 . 24 ANSWER TO INTERROGATORY NO. 2 0 : 25 S e e r e s p o n s e t o I n t e r r o g a t o r y N o. 1 9 . 26 ANSWER TO INTERROGATORY NO. 2 1 : 27 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d t o 28 t h e e x t e n t t h a t i t r e q u e s t s i n f o r m a t i o n f o r y e a r s d u r i n g w h i c h >F :io, -9- i :his d e f e n d a n t n e i t h e r m a n u f a c t u r e d n o r so. 'en t or - c o n " 2 or n o n -a sb e sto s-c o n ta in in g p ro d u cts. W ithout w aiving sa id 3 o b j e c t i o n , KAISER GYPSUM r e s p o n d s t h a t t o t h e b e s t o f i t s 4 know ledge, i t d id n o t purchase o r o th erw ise a c q u ire any 5 a s b e s to s - c o n ta in in g p ro d u c t o r p ro d u c t li n e from any o th e r 6 company. 7 ANSWER TO INTERROGATORY NO. 2 2 : 8 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 9 am biguous in i t s e n tir e ty . W ithout w aiving s a id o b je c tio n , 10 KAISER GYPSUM r e s p o n d s t h a t i f t h i s i n t e r r o g a t o r y i s i n t e n d e d t o re fe r to chem ical, s tru c tu ra l, or lik e change or m o d ificatio n , 11 12 KAISER GYPSUM d o e s n o t c o n t e n d t h a t s u c h c h a n g e o r m o d i f i c a t i o n is necessary b efore i t s a sb esto s-co n tain in g products could have 13 been used. 14 ANSWER TO INTERROGATORY NO. 2 3 : 15 a. 3,300,372; 2,662,024. 16 b. 3,300,372 was f i l e d A ugust 23, 1963. A p p lic a tio n d a te 17 f o r 2 ,6 6 2 ,0 2 4 was March 1, 1951. 18 c. 3,300,372 was p a te n te d Ja n u a ry 24, 1967. The d a te of 19 20 i s s u a n c e , i f a n y , f o r p a t e n t n o . 2 , 6 6 2 , 0 2 4 i s n o t k n ow n a t t h i s tim e. D iscovery is co n tin u in g . 21 d. 3,30 0 ,3 7 2 was is s u e d to Donald R. B auer, S t. H elens, 22 O r e g o n , A s s i g n o r t o KAISER GYPSUM COMPANY, IN C . 2 , 6 6 2 , 0 2 4 w a s 23 a p p l i e d f o r by W a lla c e C. R i d d e l l and G eorge B. K irk , A s s ig n o r s 24 b y M e s n e a s s i g n m e n t s t o KAISER GYPSUM C O ., IN C . 25 e. 3,300,372 is a f ir e - r e s i s t a n t b u ild in g board and 26 p r o c e s s . 2 ,6 6 2 ,0 2 4 was a c e m e n titio u s c o m p o sitio n (gypsum 27 w allb o ard j o in t com pound). 28 :|0. -10- 1 ANSWER TO IKTEJ.ROGAIOAY 0 0 . 2 s : 2 The d e sig n o f C over-Tex in a c i r c l e w ith b a l l s was 3 o r ig i n a lly r e g is te r e d in th e U nited S ta te s on J u ly 31, 1956 under 4 T radem ark R e g i s t r a t i o n No. 6 3 1 ,6 1 2 , and n o n - v e r m ic u lite - 5 c o n ta in in g N u ll-A -F ire w a llb o a rd was o r i g i n a l l y r e g i s t e r e d in th e 6 U n ite d S ta te s F eb ru ary 1, 1955 under th e Tradem ark R e g is tr a tio n N o. 6 0 1 , 5 1 4 . KAISER GYPSUM d i s p l a y e d i t s p o l k a d o t t r a d e m a r k on 7 8 v a rio u s p ro d u cts, both a sb e sto s-co n ta in in g and n o n -asb esto sc o n ta in in g m a te r ia ls . The p o lk a d o t d e sig n was r e g is te r e d under 9 10 N o . 6 1 5 , 6 0 4 . KAISER GYPSUM c e a s e d t o u s e t h i s t r a d e m a r k s o m e t i m e d u r i n g t h e 1 9 6 0 ' s . T h e r e f o r e , KAISER GYPSUM d i d n o t r e n e w t h e 11 12 t r a d e ma r k w h e n i t c am e d u e o n N o v e m b e r 8 , 1 9 7 5 . T h e nam e K - S p r a y was o r ig in a lly r e g is te r e d on F ebruary 19, 1963. The c o rp o ra te 13 lo g o (as shown on E x h ib it 4, a tta c h e d h e re to ) was d is c o n tin u e d in 14 th e la te 1 9 6 0 's o r e a rly 1 9 7 0 's. D iscovery is co n tin u in g w ith 15 re sp e c t to th e re g is tra tio n , i f any, of o th e r tradem arks and th e 16 dates th ereo f. 17 ANSWER TO INTERROGATORY NO. 2 5 : 18 To t h e b e s t o f a n sw e rin g d e f e n d a n t 's k n o w led g e, none o f i t s 19 a sb e s to s-c o n ta in in g p ro d u c ts were so ld o r p ro v id ed to th e G eneral 20 S erv ices A d m in istratio n and/or any o th e r governm ental agency. 21 ANSWER TO INTERROGATORY NO. 2 6 : 22 No. 23 ANSWER TO INTERROGATORY NO. 2 7 : 24 Many o f KAISER GYPSUM's s a l e s r e c o r d s p r e d a t i n g 1968 no 25 lo n g e r e x i s t o r can n o t be lo c a te d , and th o s e s a le s re c o rd s which 26 p re s e n tly do e x is t a re volum inous and a re n o t seg reg a te d in to 27 s a le of asb esto s as opposed to n o n -asb ecto s-co n tain in g products. 28 ye 110, -11- AKSWLh 2 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 3 burdensom e and h a ra ssin g . W ithout w aiving s a id o b je c tio n s, 4 KAISER GYPSUM s t a t e s t h a t t o t h e b e s t o f i t s k n o w l e d g e i t h a s 5 n e v er d is tr ib u te d o r so ld any raw a sb e sto s f ib e r o r a s b e s to s - 6 c o n ta in in g p ro d u c ts betw een th e y e a rs 1930 to th e p re s e n t which 7 w as/w ere m ined, m anufactured, produced, f a b ric a te d , im ported, 8 c o n v erted , compounded, p ro cessed , so ld , m erchandised, su p p lied 9 a n d /o r o th e rw is e p la c e d in th e stream o f commerce by p e rso n s 10 a n d / o r b u s i n e s s e n t i t i e s o t h e r t h a n i t s e l f , p r e d e c e s s o r ( s ) i n 11 i n t e r e s t o r s u b s i d i a r y ( i e s ) . 12 ANSWER TO INTERROGATORY NO. 2 9 : * 13 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 14 a m b i g u o u s a s t o t h e p h r a s e " d i s t r i b u t o r s . " W i t h o u t w a i v i n g s a i d 15 o b j e c t i o n , KAISER GYPSUM s t a t e s t h a t i f t h i s i n t e r r o g a t o r y i s 16 i n t e n d e d t o r e f e r t o p r o d u c t s s u p p l i e d t o o t h e r e n t i t i e s f o r 17 r e s a l e , KAISER GYPSUM r e s p o n d s t h a t i t d i d n o t d i s t r i b u t e i t s 18 p r o d u c t s p u r s u a n t t o s u c h a d i s t r i b u t i o n s c h e m e . 19 ANSWER TO INTERROGATORY NO. 3 0 : 20 N o t a p p l i c a b l e . ANSWER TO INTERROGATORY NO. 3 1 : 21 22 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 23 b u r d e n s o m e a n d h a r a s s i n g . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 24 GYPSUM r e s p o n d s t h a t t o t h e b e s t o f i t s k n o w l e d g e , i t h a s n e v e r 25 e n t e r e d i n t o a n y a g r e e m e n t s f o r t h e r e b r a n d i n g o f a s b e s t o s 26 c o n t a i n i n g p r o d u c t s , r a w a s b e s t o s f i b e r a n d / o r m a t e r i a l s m i n e d , 27 i m p o r t e d , m a n u f a c t u r e d , s o l d , d i s t r i b u t e d a n d / o r s u p p l i e d b y 28 a n o t h e r c o m p a n y f o r r e s a l e o r d i s t r i b u t i o n b y KAISER GYPSUM. >F :io, -12- X1 a n s w e r TO JKTERROGA7CRY NO. 2 2 : 2 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 3 am biguous in i t s e n tir e ty . W ithout w aiving s a id o b je c tio n , 4 KAISER GYPSUM f i r s t m a n u f a c t u r e d a n d d i s t r i b u t e d a s b e s t o s - 5 c o n t a i n i n g p r o d u c t s i n 1 9 5 3 ; t h e r e f o r e , KAISER GYPSUM f i r s t 6 p u rch ased o r o th e rw ise o b ta in e d a sb e s to s sometime p r io r to 1953. 7 ANSWER TO INTERROGATORY NO. 3 3 : 8 This in te rro g a to ry is v irtu a lly id e n tic a l to In te rro g ato ry 9 N o. 3 1 . T h e r e f o r e , KAISER GYPSUM r e s p o n d s t h a t t o t h e b e s t o f 10 i t s k n o w l e d g e b e t w e e n t h e y e a r s 1 9 3 0 t o t h e p r e s e n t , i t d i d n o t 11 p u r c h a s e a n y p r o d u c t ( s ) a n d / o r m a t e r i a l ( s ) c o n t a i n i n g a s b e s t o s 12 f r o m a n y o t h e r m i n e r , m a n u f a c t u r e r a n d / o r p r o d u c e r o f s u c h 13 p r o d u c t s a n d / o r m a t e r i a l s w i t h t h e p u r p o s e o f s e l l i n g s u c h u n d e r 14 KAISER GYPSUM'S own n a m e . 15 ANSWER TO INTERROGATORY NO. 3 4 : 16 No. 17 ANSWER TO INTERROGATORY NO. 3 5 : 18 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 19 b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 20 i n t e r r o g a t o r y a s v a g u e a n d a m b i g u o u s a s t o t h e p h r a s e " f o r r e s a l e 21 o r r e d i s t r i b u t i o n . " W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 22 GYPSUM r e s p o n d s t h a t t o t h e b e s t o f i t s k n o w l e d g e a n d o n t h e 23 b a s i s o f i t s u n d e r s t a n d i n g o f " r e s a l e o r r e d i s t r i b u t i o n , " i t 24 n e v e r s o l d , d i s t r i b u t e d o r o t h e r w i s e f u r n i s h e d a n y a s b e s t o s 25 c o n t a i n i n g p r o d u c t s t o a n y o t h e r p e r s o n a n d / o r b u s i n e s s e n t i t y 26 f o r " r e s a l e o r r e d i s t r i b u t i o n . " KAISER GYPSUM n e v e r m i n e d , s o l d , 27 d i s t r i b u t e d o r o t h e r w i s e f u r n i s h e d a n y r a w a s b e s t o s f i b e r a t a n y 28 t i m e . ye 110, -13- 2 KAISER GYPSUM o f f e r s t o m ake a n y r e l e v a n t o r g a n i z a t i o n a l 3 c h a rts a v a ila b le fo r in sp e c tio n an d /o r copying a t o r n ear i t s 4 c o rp o ra te h e ad q u a rte rs lo c a te d in O akland, C a lifo rn ia , a t a 5 m utually agreed upon tim e, a t p l a i n t i f f 's expense. 6 ANSWER TO INTERROGATORY NO. 3 7 : 7 a. 300 L a k e sid e D riv e , O akland, C a l if o r n ia and 383 F o u rth 8 S tr e e t, O akland, C a lifo rn ia . 9 b. C l i f f o r d W. R o g e r s , A d m i n i s t r a t i v e S e r v i c e s , 300 10 L a k e s i d e D r i v e , O a k l a n d , C a l i f o r n i a . 11 c . S e e r e s p o n s e t o I n t e r r o g a t o r y N o. 3 6 . 12 ANSWER* TO INTERROGATORY NO. 3 8 : KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s i r r e l e v a n t 13 and not reasonably c a lc u la te d to lead to th e discovery of 14 adm issible evidence. 15 ANSWER TO INTERROGATORY NO. 3 9 : 16 T here was a p ack ag in g change in 1965. P r io r to th e 17 p ack ag in g change, th e d u a l p u rp o se j o i n t compound came in a 18 s ilv e r-c o lo re d bucket w ith a yellow , w hite and gray la b e l affix ed 19 t h e r e to w hich s t a t e d " K a is e r Dual P urpose J o i n t Compound" and 20 in c lu d e d in s tr u c tio n s fo r u se and a p p lic a tio n . The d ry powder 21 j o i n t and f i n i s h i n g compounds came in w h ite sa c k s w ith th e th e n - 22 K a is e r lo g o o f re d box fram in g a b la c k c i r c l e w ith th e name 23 " K a is e r" and th e p ro d u c t name superim posed o v e r th e b la c k d o t. 24 The bags a ls o fu rn is h e d th e com pany's name, w e ig h t o f th e sack , 25 and m isc e lla n e o u s o th e r in fo rm a tio n . O ther p re-m ix compounds 26 came packaged in v a rio u s w eig h t c a rto n s a ls o d is p la y in g th e 27 KAISER GYPSUM d o t l o g o , t h e KAISER GYPSUM c o m p a n y n a m e , c o n t e n t s 28 >F :io, -14- 1 a n ^ v a r ; a u c o t n e - r : r; f o r r a i t i oa . 2 The p ackaging underw ent a change in 1965. The p re v io u s dot 3 d e s i g n w a s e l i m i n a t e d i n f a v o r o f b o l d p r i n t KAISER GYPSUM a n d 4 p r o d u c t name o n b a g s , b o x e s a n d b u c k e t s . T h e KAISER GYPSUM 5 te x tu r e p a in t was packaged in te n pound w h ite p a p er sack s w ith 6 b la c k and b lu e p r i n t i n g . The p re-m ix d u al p u rp o se j o i n t compound 7 was packaged in a w h ite bu ck et w ith b la ck and red p r in tin g . 8 O ther j o i n t compounds were packaged in w h ite c a rto n s w ith red and 9 b l a c k p r i n t i n g , i n c l u d i n g KAISER GYPSUM's nam e, p r o d u c t name and 10 i n s t r u c t i o n s o n how t o m ix t h e p r o d u c t . 11 ANSWER TO INTERROGATORY NO. 4 0 : 12 a. KAISER GYPSUM d o e s n o t now h a v e a c t u a l p a c k a g e s o r 13 c o n t a i n e r s o f t h e a s b e s t o s - c o n t a i n i n g p r o d u c t s i t m a n u f a c t u r e d 14 a n d d i s t r i b u t e d . H o w e v e r , som e a n n u a l r e p o r t s c o n t a i n a fe w 15 p i c t u r e s o f so m e o f t h e p r o d u c t s . 16 b . C l i f f o r d W. R o g e r s , A d m i n i s t r a t i v e S e r v i c e s , 300 17 L a k e s i d e D r i v e , O a k l a n d , C a l i f o r n i a . 18 c . KAISER GYPSUM d o e s n o t h a v e a c t u a l p h o t o g r a p h s o f t h e 19 p a c k a g e s o r c o n t a i n e r s i n w h i c h i t d i s t r i b u t e d a s b e s t o s 20 c o n t a i n i n g m a t e r i a l s . T h e r e f o r e , p h o t o g r a p h s a r e n o t a v a i l a b l e . ANSWER TO INTERROGATORY NO. 4 1 : 21 22 I n t h e 1 9 6 1 a n d 1 9 6 4 KAISER GYPSUM A n n u a l R e p o r t , t h e r e a r e d r a w in g s o f some o f KAISER GYPSUM's a s b e s t o s - c o n t a i n i n g p r o d u c t s . 23 KAISER GYPSUM i s w i l l i n g t o m ak e a v a i l a b l e t o p l a i n t i f f f o r 24 in s p e c tio n an d /o r copying th e se p ic tu re s a t a m utually agreed 25 26 u p o n t i m e , a t o r n e a r i t s c o r p o r a t e h e a d q u a r t e r s i n O a k l a n d , 27 C a l i f o r n i a , a t p l a i n t i f f ' s e x p e n s e . 28 / / / yp :io, -15- 1 r KAISER GYPSUM n e v e r m i n e d , m a n u f a c t u r e d , s o l d , d i s t r i b u t e d o r o th e rw is e p u t in to th e stream o f commerce "bags o f raw t asb esto s fib e r" ; th e re fo re , th is in te rro g a to ry is in a p p lic ab le to L th is defendant. t ANSWER TO INTERROGATORY NO. 4 3 : 7 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 8 b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 9 in te rro g a to ry as overbroad in scope to the ex ten t th a t i t 10 r e q u e s t s i n f o r m a t i o n f o r p e r i o d s o f t i m e d u r i n g w h i c h t h i s 11 d e f e n d a n t d i d n o t m a n u f a c t u r e o r d i s t r i b u t e a s b e s t o s - c o n t a i n i n g 12 o r n o n - a s b e s t o s - c o n t a i n i n g p r o d u c t s . W i t h o u t w a i v i n g s a i d 13 o b j e c t i o n , KAISER GYPSUM r e s p o n d s a s f o l l o w s : 14 a. Over th e y e a rs, v a rio u s in d iv id u a ls were involved in 15 p r e p a r i n g s a l e s m a t e r i a l s s u c h a s : 16 Name A ddress 17 S tan ley M cCaffrey Unknown 18 Vance Faw cett (deceased) 19 Turner B arton (deceased) 20 "Stub" S to lle ry Unknown 21 22 23 24 25 26 27 28 OF ZIO, :rt L EET 3769 /// R o b e r t G. C o n n er M arvin M cArthur Raymond F o u rn iv a l Jo h n Hickman R obert B alste r David Bronson A llen & Dorward, In c. 747 F ro n t S t. S a n F r a n c i s c o , CA Unknown Unknown Unknown Unknown Unknown -16- 2 Oakland, CA 3 R onald E. Rhody K a is e r Aluminum & C hem ical Corp. 4 K aiser B uilding O a k l a n d , CA 5 L e o n M. B r y a n 203 C o r b e tt Ave. 6 S a n F r a n c i s c o , CA 9 4 1 1 4 7 b. C l i f f o r d W. R o g e r s , A d m i n i s t r a t i v e S e r v i c e s , 300 8 L akeside D rive, O akland, C a lifo rn ia . 9 c. The v a rio u s s a le s m a te ria ls were p rep ared a t v a rio u s 10 t i m e s f r o m t h e 1 9 5 0 ' s u n t i l t h e 1 9 7 0 ' s . 11 d . KAISER GYPSUM's r e c o r d s a r e i n c o m p l e t e ; t h e r e f o r e , i t 12 i s u n ab l e t o r e s p o n d t o t h i s s u b p a r t w i t h t h e s p e c i f i c i t y re q u e s te d . 13 e. The s a le s m a te ria ls in c lu d e s a le s b ro c h u re s, te c h n ic a l 14 b u lle tin s and o th e r re la te d s a le s docum ents. 15 f. These s a le s docum ents were d issem in ated to p u rc h a se rs, 16 KAISER GYPSUM s a l e s o f f i c e s , t r a d e j o u r n a l s , t r a d e p u b l i c a t i o n s , 17 a n d KAISER GYPSUM b e l i e v e s t h a t i t may h a v e u t i l i z e d t h e 18 te le v is io n m edia to f u r th e r a d v e rtis e i t s p ro d u c ts. D iscovery is 19 c o n tin u in g . 20 ANSWER TO INTERROGATORY NO. 4 4 : 21 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 22 b u r d e n s o m e a n d h a r a s s i n g . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 23 GYPSUM r e s p o n d s a s f o l l o w s : 24 a. The w arning la b e ls s ta te d : 25 CAUTION 26 CONTAINS ASBESTOS FIBERS 27 AVOID CREATING DUST 28 ye MO, -17- EP.E7.T1JIKE 7-.rEEfT^c: n-TT~ 2 MAY CAUSE SERIOUS BODILY HARM 3 These la b e ls had y ello w backgrounds w ith red l e t t e r i n g and were 4 a ffix e d to th e package of th e products w ith adhesive in a 5 p ro m in e n t p l a c e . L a t e r , a s new p a c k a g in g was p u rc h a s e d , th e 6 la b e ls were p rin te d onto th e o u tsid e of th e packages and are 7 b e lie v e d to have been o f th e same c o lo r and c o lo r s as th e 8 packaging and p rin tin g th ereo n . 9 b. The w arning was f i r s t a ffix e d to th e a s b e s to s - 10 c o n t a i n i n g p r o d u c t s i n 1 9 7 2 . 11 c. KAISER GYPSUM g e n e r a l l y b e c a m e a w a r e o f t h e p o t e n t i a l 12 h e a l t h h a z a r d s o f a s b e s t o s v i a m e d i a , i n d u s t r y a n d g o v e r n m e n t a l 13 a g e n c y p u b l i c a t i o n s . 14 d. No c h a n g e s i n t h e w a r n i n g s w e r e m ade fr o m t h e t i m e 15 t h e y w e r e f i r s t i m p l e m e n t e d u n t i l t h e p r o d u c t s n o l o n g e r 16 c o n t a i n e d a s b e s t o s . 17 e. KAISER GYPSUM r e l i e d u p o n m any i n d i v i d u a l s ' o p i n i o n s 18 i n d e t e r m i n i n g t o p u t s u c h w a r n i n g s o n t h e c o n t a i n e r s o f i t s 19 a s b e s t o s - c o n t a i n i n g p r o d u c t s , s u c h a s : G e o r g e B. K i r k , r e t i r e d , 20 H a r l a n C. D u p u i s , r e t i r e d , J . E . T o o m ey , E r n i e R e d d i c k , R .A . 21 M a d s e n , a n d v a r i o u s i n d i v i d u a l s i n KAISER GYPSUM's L e g a l D epartm ent. 22 23 ANSWER TO INTERROGATORY NO. 4 5 : 24 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 25 b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 26 i n t e r r o g a t o r y a s v a g u e a n d a m b i g u o u s a s t o t h e p h r a s e " o t h e r 27 w r i t t e n m a t e r i a l s o f a n y k i n d o r c h a r a c t e r t h a t c o n t a i n a n y 28 w a r n i n g s c o n c e r n i n g t h e p o s s i b i l i t y o f i n j u r y f r o m e x p o s u r e t o >P 10, -18- 2 a sb e s to s-c o n ta in in g p ro d u c ts. . . . " W ithout w aiving said 3 o b j e c t i o n s , KAISER GYPSUM s t a t e s t h a t a s i d e f r o m t h e w a r n i n g 4 a f f i x e d t o t h e a s b e s t o s --c o n t a i n i n g p r o d u c t s ' c o n t a i n e r s d e s c r i b e d 5 i n a n s w e r t o I n t e r r o g a t o r y No. 4 4 , KAISER GYPSUM a l s o p r i n t e d a n d 6 d i s tr ib u te d te c h n ic a l b u l l e t i n s which p re s c rib e d th e use of 7 re s p ira to rs during spray a p p lic atio n . 8 ANSWER TO INTERROGATORY NO. 4 6 : 9 See r e s p o n s e t o I n t e r r o g a t o r i e s No. 44 and 45. 10 ANSWER TO INTERROGATORY NO. 4 7 : 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .-AWOFFICESOF NCAID. GINUNZIO, AUDLEft HUBERT aCpOrRoPfOeRsAsTiIoOnNal oo WEBSTER STREET KLANO. CA *07-3789 See re s p o n s e t o I n t e r r o g a t o r y No. 44, s u b p a r t ( e ) . ANSWER TO INTERROGATORY NO. 4 8 : KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , b u rd e n s o m e a n d h a r a s s i n g . W it h o u t w a i v i n g s a i d o b j e c t i o n , KAISER GYPSUM r e s p o n d s t h a t so m e o f t h e c o n t a i n e r s o f t h e a s b e s t o s c o n tain in g p ro d u cts co n tain ed in s tru c tio n s reg ard in g m ixing, sto rin g , handling, use, e tc . A d d itio n ally , tech n ical b u lle tin s w ere d is tr ib u te d w hich d e sc rib e d th e p ro d u c ts , u se s, a p p lic a tio n in s tr u c tio n s , and s u g g e stio n s such as recommending u se of re s p ira to rs and eye p ro te c tio n during spray a p p lic a tio n . ANSWER TO INTERROGATORY NO. 4 9 : To t h e b e s t o f a n s w e rin g d e f e n d a n t 's k n o w led g e, i t d id n o t r e c a l l o r a tte m p t to r e c a l l th o s e p ro d u c ts a n d /o r m a te r ia ls which had been so ld in c o n ta in e rs w ith o u t w arning la b e ls . ANSWER TO INTERROGATORY NO. 5 0 : G e n e r a l l y , i n t h e e a r l y 1 9 7 0 ' s KAISER GYPSUM p e r s o n n e l b e c a me a w a r e t h a t t h e r e w e r e a l l e g e d h a z a r d s f r o m e x p o s u r e t o asbestos_jdiit, fib e rs an d /o r products to the h e a lth of persons -19- n. products via media, industry and governmental agency 3 p u b lications. 4 ANSWER TO INTERROGATORY NO. 5 1 : 5 KAISER GYPSUM i s u n a b l e t o s t a t e w h en a n d b y w h a t m e a n s i t 6 f i r s t became aware th a t Jo h n s-M an v ille Corp. o r any of i t s 7 a f f i l i a t e d com panies p la c e d on i t s a s b e s to s p ro d u c ts a c a u tio n , 8 w arning, n o tic e , or o th e r statem en t or re p re se n ta tio n concerning 9 th e p o te n tia l h e a lth h a za rd s r e s u ltin g from th e u se o f a sb e sto s 10 p r o d u c t s a n d / o r e x p o s u r e t o a s b e s t o s d u s t o r f i b e r s . 11 ANSWER TO INTERROGATORY NO. 5 2 : KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 12 ambiguous in i t s e n tir e ty . W ithout w aiving sa id o b je c tio n , 13 KAISER GYPSUM s t a t e s t h a t t h e p l a n t s h a d d u s t c o l l e c t i o n s y s t e m s ; 14 in d iv id u a ls engaged in c e r t a i n a c t i v i t i e s , e . g . , dumping raw 15 m a te ria ls in to hoppers, were re q u ire d to w ear r e s p ir a to r s , and 16 o th e r s a fe ty p re c a u tio n s were u n d ertaken to p ro te c t th e 17 em ployees. 18 ANSWER TO INTERROGATORY NO. 5 3 : 19 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 20 b u r d e n s o m e a n d h a r a s s i n g . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 21 GYPSUM r e s p o n d s t h a t i t s r e c o r d s a r e i n c o m p l e t e ; t h e r e f o r e , i t i s 22 unable to respond to th is in te rro g a to ry w ith th e s p e c ific ity 23 r e q u e s t e d . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER GYPSUM 24 resp o n d s t h a t th e p la n t m anagers would have been re s p o n s ib le fo r 25 p ro v id in g s a fe ty in fo rm atio n to th e em ployees. 26 ANSWER TO INTERROGATORY NO . 5 4 : 27 See re s p o n se to I n te r r o g a to r y No. 52. A d d itio n a lly , 28 Dl\P0, -20- ? spills, vacuuming, plant cleanliness, protective clothing, etc. 3 ANSWER TO INTERROGATORY NO. 5 5 : 4 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d t o 5 th e e x te n t th a t i t re q u e sts inform ation fo r p e rio d s of tim e 6 d u rin g w hich t h i s d efen d an t d id n o t m an ufacture e ith e r a sb e s to s- 7 c o n t a i n i n g o r n o n - a s b e s t o s - c o n t a i n i n g p r o d u c t s . W ith o u t waiving 8 s a i d o b j e c t i o n , KAISER GYPSUM s t a t e s t h a t b e g i n n i n g i n e a r l y 9 1 9 7 1 , KAISER GYPSUM e m p l o y e d t h e s e r v i c e s o f a n i n d u s t r i a l 10 h y g i e n i s t , M r. A . J . T r o m m e r s h a u s e n . 11 a. Mr. Trom m ershausen d id n o t r e p o r t t o any one 12 in d iv id u a l; he made h is recom m endations v ia i n t e r o f f i c e m 13 m em o ran d u m a d d r e s s e d t o v a r i o u s KAISER GYPSUM p e r s o n n e l . 14 b . H i s c u r r e n t b u s i n e s s a n d r e s i d e n t i a l a d d r e s s e s a r e 15 u n k n o w n . 16 ANSWER TO INTERROGATORY NO. 5 6 : No p r e s e n t o r f o r m e r e x e c u t i v e s , o f f i c e r s , o r o t h e r 17 s u p e r v i s o r y o f f i c i a l s o f KAISER GYPSUM h a v e h a d t h e i r d e p o s i t i o n 18 t a k e n b y p l a i n t i f f s i n c a s e s i n v o l v i n g w o r k e r s o r t h e i r h e i r s who 19 a r e s u i n g o r h a v e s u e d KAISER GYPSUM f o r i l l n e s s e s o r p e r s o n a l 20 in ju r ie s a lle g e d ly cau sed , in w hole o r in p a r t, by exposure to 21 a s b e s t o s d u s t a l l e g e d l y c r e a t e d by KAISER GYPSUM's a s b e s t o s - 22 co n tain in g products and/or m a te ria ls. 23 ANSWER TO INTERROGATORY NO. 5 7 : 24 No. 25 ANSWER TO INTERROGATORY NO. 5 8 : 26 O v e r t h e y e a r s , KAISER GYPSUM b e l o n g e d t o n u m e r o u s " t r a d e 27 o r g a n i z a t i o n s " and " a s s o c i a t i o n s " su c h a s : The Gypsum 28 2>F [10. -21- 0. Association. (T h e AIMA w as o r i g i n a l l y a m e r g e r o f t h e Insulation 3 B oard I n s t i t u t e and th e A c o u s tic a l M a te ria ls A s s o c ia tio n . The 4 AIMA' s name was l a t e r c h a n g e d t o t h e A c o u s t i c a l & B o ard P r o d u c ts 5 A s s o c i a t i o n . KAISER GYPSUM w a s a m em ber o f a l l o f t h e s e 6 a s s o c i a t i o n s . ) KAISER GYPSUM w a s a l s o a m em ber o f : A m e r i c a n 7 S o c ie ty f o r T e s tin g and M a t e r i a l s , Gypsum D ry w all C o n tr a c t o r s 8 I n te r n a tio n a l, I n te r n a tio n a l A sso c ia tio n o f W all and C e ilin g 9 C o n tra c to rs, C e ilin g s & I n t e r i o r System s C o n tra c to rs A sso c ia tio n , 10 A s s o c i a t e d B u i l d i n g I n d u s t r y o f N o r t h e r n C a l i f o r n i a , I n d u s t r i a l 11 F o r e s t r y A s s o c i a t i o n , N a t i o n a l R e t a i l L u m b e r D e a l e r s A s s o c i a t i o n , 12 I n t e r n a t i o n a l C o n f e r e n c e o f B u i l d i n g O f f i c i a l s , a n d t h e Gypsum 13 I n d u s t r y C o m m i t t e e o n R eco m m en d ed T r a d e P r a c t i c e R u l e s . 14 ANSWER TO INTERROGATORY NO. 5 9 : 15 To t h e b e s t o f KAISER GYPSUM's k n o w l e d g e , i t h a s n e v e r 16 b e l o n g e d t o a n y o f t h e f o l l o w i n g o r g a n i z a t i o n s : A s b e s t o s T e x t i l e 17 I n s t i t u t e ( A T I ) , I n d u s t r i a l H y g i e n e F o u n d a t i o n a n d / o r I n d u s t r i a l 18 H e a l t h F o u n d a t i o n ( I H F ) , M i n e r a l W ool I n s t i t u t e , I n d u s t r i a l 19 M i n e r a l I n s u l a t i o n M a n u f a c t u r e r s I n s t i t u t e , M a g n e s i a S i l i c a 20 I n s u l a t i o n M a n u f a c t u r e r s A s s o c i a t i o n , N a t i o n a l I n s u l a t i o n 21 M a n u f a c t u r e r s A s s o c i a t i o n (N IM A ), T h e r m a l I n s u l a t i o n 22 M a n u f a c t u r e r s A s s o c i a t i o n (T IM A ), A s b e s t o s I n f o r m a t i o n 23 A s s o c i a t i o n (AWA), Q u e b e c A s b e s t o s M i n i n g A s s o c i a t i o n (QAMA), N a tio n a l S a fe ty C o u n cil, A sb esto s Cement P ro d u cers A ss o c ia tio n , 24 Ore R e fa c to rie s I n s t i t u t e . 25 26 ANSWER TO INTERROGATORY NO. 6 0 : Not a p p lic a b le . 27 28 / / / >P :io, -22 2 Not a p p lic a b le . 3 ANSWER TO INTERROGATORY NO. 6 2 : 4 Not a p p lic a b le . 5 ANSWER TO INTERROGATORY NO. 6 3 : 6 Not a p p lic ab le . 7 ANSWER TO INTERROGATORY NO. 6 4 : 8 To t h e b e s t o f KAISER GYPSUM's k n o w le d g e , i t n e v e r d i r e c t e d , 9 sponsored, financed, p a rtic ip a te d in or received the re s u lts of 10 a n y s t u d i e s a n d / o r t e s t s p e r f o r m e d b y t h e S a r a n a c L a b o r a t o r y o f 11 t h e T r u d e a u F o u n d a t i o n c o n c e r n i n g t h e h u m an h e a l t h c o n s e g u e n c e s 12 o f e x p o s u r e t o a s b e s t o s . 13 ANSWER TO INTERROGATORY NO. 6 5 : 14 Not a p p lic a b le . 15 ANSWER TO INTERROGATORY NO. 6 6 : 16 None. 17 ANSWER TO INTERROGATORY NO. 6 7 : 18 KAISER GYPSUM d o e s n o t a n d h a s n e v e r m a i n t a i n e d a l i b r a r y 19 w h i c h c o n t a i n s b o o k s , a r t i c l e s , p e r i o d i c a l s , j o u r n a l s a n d / o r 20 r e f e r e n c e m a t e r i a l s t h a t r e l a t e t o t h e s u b j e c t s o f a s b e s t o s , 21 i n d u s t r i a l h y g i e n e , m e d i c i n e , s a f e t y , o c c u p a t i o n a l d i s e a s e a n d / o r 22 e n g i n e e r i n g . 23 ANSWER TO INTERROGATORY NO. 6 8 : 24 To t h e b e s t o f KAISER GYPSUM's k n o w le d g e , n o n e o f t h e c o 25 d e f e n d a n t s i n t h e a s b e s t o s l i t i g a t i o n h a v e e v e r f u r n i s h e d i t w i t h 26 a n y i n f o r m a t i o n a s t o t h e s t a t e o f t h e m e d i c a l k n o w l e d g e a t a n y 27 t i m e r e g a r d i n g t h e r e l a t i o n s h i p b e t w e e n e x p o s u r e t o a s b e s t o s 28 H t w*vv O B I C E S O F <CAID. GIANUNZIO, AUDLE & HUBERT A P R O F E S S IO N A L CO R P O R A TIO N X> W E B S T E R S T R E E T <LAND. C A *6 07 -37 69 iA < y d u st, fib e rs an d /o r p ro d u cts and th e c o n tra c tin g of d ise a se s, -23- J 2 and o th e r cancers. 3 ANSWER TO INTERROGATORY NO. 6 9 : 4 Not a p p lic a b le . 5 ANSWER TO INTERROGATORY NO. 7 0 : 6 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d t o 7 th e e x te n t th a t i t re q u e sts in fo rm atio n fo r p erio d s of tim e 8 d u rin g w hich t h i s d efen d an t d id n o t m anufacture a s b e s to s - 9 c o n t a i n i n g p r o d u c t s o r n o n - a s b e s t o s - c o n t a i n i n g p r o d u c t s . KAISER 10 GYPSUM f u r t h e r o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 11 a m b i g u o u s a s t o t h e p h r a s e " e x c h a n g e d o r c o m m u n i c a t e d t h e r e s u l t s 12 o f r e s e a r c h , . . . w i t h a n y o t h e r p e r s o n , c o r p o r a t i o n o r o t h e r b u sin ess e n tity , including co-defendants in th is a c tio n ." If 13 th is in te rro g a to ry req u ests inform ation as to th e exchange or 14 com m unication of r e s u lts of re se a rc h , t e s t s , s tu d ie s of 15 e x p e r i m e n t s c o n d u c t e d b y KAISER GYPSUM r e g a r d i n g t h e 16 r e la tio n s h ip , i f any, betw een exposure to a sb e sto s and d ise a se , 17 KAISER GYPSUM s t a t e s t h a t i t h a s n o t c o n d u c t e d a n y s u c h r e s e a r c h , 18 te s t s , stu d ie s or experim ents; th e re fo re , i t has not exchanged or 19 com m unicated any such r e s u lts to any o th e r p erso n , c o rp o ra tio n or 20 o th er bu sin ess e n tity , in cluding co-defendants in th is actio n . 21 ANSWER TO INTERROGATORY NO. 7 1 : 22 Not ap p lic ab le . 23 ANSWER TO INTERROGATORY NO. 7 2 : 24 To t h e b e s t o f KAISER GYPSUM's k n o w le d g e , no o n e h a s 25 t e s t i f i e d on i t s b e h a lf b e fo re th e O ccu p atio n al S a fe ty and H ealth 26 A d m in istra tio n , th e N atio n al I n s t i t u t e o f O ccupational S afety and 27 H ealth , any U nited S ta te s C ongressional com m ittee, subcom m ittee, 28 V :io, -24- i i s u b je c ts of th e human h e a lth co n seq u en ces o f e x p o su re to a s b e s to s 2 d u st, fib e rs and/or products in th e s e ttin g , m o d ificatio n , 3 f e a s i b i l i t y and acceptance of a lle g e d ly safe or p ro p er le v e ls of 4 exposure to said asb esto s and asb esto s p ro d u cts. 5 ANSWER TO INTERROGATORY NO. 7 3 : 6 Not a p p lic a b le . 7 ANSWER TO INTERROGATORY NO. 7 4 : 8 Not a p p lic a b le . 9 ANSWER TO INTERROGATORY NO. 7 5 : 10 a. On J a n u a r y 14 a n d 1 5 , 1 9 7 1 , A p r i l 12 a n d J u l y 1 8 , 11 1 9 7 2 , J u n e 29 an d J u l y 23 , 1976. 12 b. Mr. A .J . Trom m ershausen. 13 c. The r e s u l t s o f t h e J a n u a r y 14 an d 15, 1971 i n d u s t r i a l 14 h y g ie n e s u r v e y made a t KAISER GYPSUM's J a c k s o n v i l l e gypsum p l a n t 15 r e s u lte d in recom m endations of in c re a se d v e n tila tio n system s, 16 p la n t m o d ificatio n s and o p eratio n al changes fo r long-term 17 s o l u t i o n s . The A p r il 12 and J u l y 18, 1972 a i r sam p les ta k e n a t 18 th e A ntioch gypsum p la n t r e s u lte d in th e fo llo w in g 15 recom m endations: M aintenance of th e r e s p ir a to r program , freq u en t 2C c le a n -u p o f a sb e s to s s p i l l s w ith vacuum c le a n e rs , p ro p e r and 2: c a r e f u l d is p o s a l o f w aste in empty b a g s, encouragem ent o f work 2: p r a c tic e s w hich m inim ized g e n e ra tio n of a irb o rn e a sb e sto s d u st 2: and e x c e ssiv e a sb e sto s d u s t on c lo th in g , re c o rd in g o f exposures 2. in p e rso n n el f i l e s , p o s tin g o f w arning sig n s, a ffix in g of w arning 2: l a b e l s to p ack ag es o f d ry mix a s b e s to s - c o n ta in in g p ro d u c ts , and 2 w a itin g fo r g u id e lin e s and a s s is ta n c e fo r m edical exam inations. 2 The J u n e 29 and J u ly 23, 1976 t e s t s p e rfo rm e d a t th e A n tio c h 2 5 O* NZIC ,ER1 IAL N REFT >7-3 7 -25- j e rc ; e r e r , + following recommendations: Determine if alternate sources of 2 v e r m i c u l i t e w e re a v a i l a b l e , s u b s t i t u t e m a t e r i a l s w h ic h do^ n t 3 co n tain an asb esto s im purity, design and in s ta ll lo c a l exhaust 4 v e n tila tio n , in cluding a bag c o lle c to r, upgrade the re sp ira to ry 5 p r o te c tio n program (s u g g e stio n o f u se o f a W elsh 1400 d is p o s a b le 6 r e s p ir a to r ) , provide d isp o sab le c o v e ra lls, and p lace the workers 7 w hose d u ty i t was t o dump t h e v e r m i c u l i t e i n t o t h e h o p p e r on an 8 a sb e sto s m edical s u rv e illa n c e program . These recom m endations 9 w ere made d e s p ite th e f a c t t h a t th e t e s t r e s u l t s in d ic a te d "th e 10 tim e-w aited average fo r an 8-hour day is n o t exceeded sin ce th e 11 o p e r a t i o n i s p e r f o r m e d o n l y a b o u t 1 0 --15 m i n u t e s p e r s h i f t o r 12 < le ss." 13 e. C l i f f o r d W. R o g e r s , 3 00 L a k e s i d e D r i v e , O a k l a n d , 14 C alifo rn ia. 15 ANSWER TO INTERROGATORY NO. 7 6 : 16 a. 17 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v erb ro ad , burdensom e and h a ra ss in g The in te rro g a to ry p u rp o rts 18 to req u est inform ation regarding "any te s tin g " of th e asb esto s19 c o n t a i n i n g p r o d u c t s w h i c h KAISER GYPSUM m a n u f a c t u r e d . W i t h o u t 20 w a i v i n g s a i d o b j e c t i o n s , KAISER GYPSUM s t a t e s t h a t o v e r t h e y e a r s 21 i t conducted numerous t e s t s o f a l l o f i t s p ro d u c ts, b o th 22 a sb e sto s-c o n ta in in g and n o n -asb esto s-co n tain in g , to m aintain the 23 h ig h e s t q u a l i t y p o s s i b l e and t o d e v elo p new fo rm u lae a s need ed . 24 I f t h i s is th e ty p e o f t e s t in g to w hich t h i s in te rro g a to ry 25 r e f e r s , KAISER GYPSUM r e s p o n d s t h a t t h e r e a r e d o c u m e n t s w h i c h 26 s t i l l e x is t r e la tin g to such te s t in g . Such docum ents in clu d e 27 p ro d u ct s p e c ific a tio n s , te c h n ic a l b u lle tin s , t e s t r e s u lts and 2S OF -26- L). C l ; f i o r d W. R o g e r s , 3 00 L a k e s i d e D r i v e , O a k l a n d , 2 3 C alifo rn ia. ANSWER TO INTERROGATORY NO. 7 7 : 4 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 5 am biguous as to th e p h rase " to determ in e p o te n tia l h e a lth hazards 6 involved in th e use of the m a te ria ls contained h e re in ." I f th is 7 in te r r o g a to r y p u rp o rts to in q u ire as to t e s t s on la b o ra to ry 8 anim als, cadavers, or th e lik e to determ ine p o te n tia l h e alth 9 hazards in th e use of th e m a te ria ls contained in asb esto s10 c o n t a i n i n g p r o d u c t s , KAISER GYPSUM s t a t e s t h a t i t n e v e r c o n d u c t e d 11 or d ire c te d any such te s ts . 12 < ANSWER TO INTERROGATORY NO. 7 8 : 13 P r i o r t o 1 9 7 0 , KAISER GYPSUM n e v e r h a d a n y l a b o r i n s p e c t o r s 14 o r com pany p e r s o n n e l go t o j o b s i t e s o r o t h e r a r e a s w h e re KAISER 15 GYPSUM a s b e s t o s - c o n t a i n i n g p r o d u c t s w e r e b e i n g u s e d o r i n s t a l l e d 16 t o m a k e a d u s t l e v e l c o u n t b e c a u s e KAISER GYPSUM w a s u n a w a r e 17 u n t i l ap p ro x im ately 1971 th a t th e re were any a lle g e d p o te n tia l 18 h e a lth problem s a sso c ia te d w ith exposure to a sb esto s or 19 asb esto s-co n tain in g products. 20 ANSWER TO INTERROGATORY NO. 7 9 : 21 See re sp o n se to I n te r r o g a to r y No. 75. 22 ANSWER TO INTERROGATORY NO. 8 0 : 23 See re s p o n s e to I n t e r r o g a t o r y No. 75. 24 ANSWER TO INTERROGATORY NO. 8 1 : 25 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 26 b u r d e n s o m e a n d h a r a s s i n g . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 27 in te rro g a to ry as overbroad in scope to th e ex ten t th a t i t 26 or 27- neither nano:octureo asbestos-cont aining products nor non- a sb e sto s-c o n ta in in g p ro d u c ts. W ithout w aiving sa id o b je c tio n s, 3 KAISER GYPSUM r e s p o n d s t h a t t o t h e b e s t o f i t s k n o w l e d g e i t n e v e r 4 o ffe re d or sponsored a "m edical exam ination program" fo r 5 em ployees h an d lin g o r o th e rw ise exposed to raw a sb e s to s f ib e r s 6 7 and/or asb esto s-co n tain in g products. 8 ANSWER TO INTERROGATORY NO. 8 2 : 9 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 10 a m b i g u o u s . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER GYPSUM w o u ld f i r s t p o i n t o u t t h a t " i n s u l a t o r s " w o u l d n o t u s e KAISER GYPSUM 11 a sb esto s-co n tain in g p ro d u cts. I f th is in te rro g a to ry is intended 12 <4 to re q u e st in form ation reg ard in g te s ts or s tu d ie s conducted a t 13 j o b s i t e s w h e r e i n KAISER GYPSUM a s b e s t o s - c o n t a i n i n g p r o d u c t s w e r e 14 u t i l i z e d , o t h e r t h a n KAISER GYPSUM'S own p l a n t s , KAISER GYPSUM 15 s ta te s th a t i t has n o t conducted or d ire c te d te s ts o r stu d ie s 16 w ith regard to th e q u an tity , q u a lity , or th resh o ld lim it values 17 o f a s b e s t o s d u s t , f i b e r s o r p a r t i c l e s t o w h ic h u s e r s o f KAISER 18 GYPSUM a s b e s t o s - c o n t a i n i n g p r o d u c t s o r o t h e r s w o r k i n g i n t h e sam e 19 20 v i c i n i t y w o u l d b e e x p o s e d . ANSWER TO INTERROGATORY NO. 8 3 : 21 KAISER GYPSUM's a s b e s t o s - c o n t a i n i n g p r o d u c t s w o u ld n o t b e 22 u s e d b y " i n s u l a t i o n w o r k e r s " ; t h e r e f o r e , KAISER GYPSUM h a s n e v e r 23 conducted or d ire c te d re sea rc h , te s ts o r s tu d ie s to determ ine 24 w hether th e exposure of in s u la tio n w orkers o r o th ers to asbestos 25 d u s t exceeded th e A m erican C onference o f G overnm ental I n d u s tr ia l 26 H y g ie n is ts ' recommended th re s h o ld lim it v a lu e s . 27 28 / / / OF no. -28 /***L ' Vi - - - -) --- -^ --*'- ' 1 ' 1 o 4. 2 To t h e b e s t o f KAISER GYPSUM's k n o w le d g e , i t i s u n f a m i l i a r w ith th e American C onference of G overnm ental I n d u s tr ia l 3 H y g ie n is ts ' recommended th r e s h o ld l i m i t v a lu e s f o r ex p o su re to 4 a s b e s t o s d u s t ; t h e r e f o r e , KAISER GYPSUM r e s p o n d s t h a t i t h a s 5 6 n e v e r u n d e r ta k e n s t e p s t o d e te rm in e w h e th e r t h e ACGIH's recommended th re s h o ld lim it v a lu e s fo r exposure to a sb e sto s d u st 7 8 were a cc u ra te or r e lia b le . 9 ANSWER TO INTERROGATORY NO. 8 5 : 10 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d am biguous as w ell as ir r e le v a n t and n o t re a so n a b ly c a lc u la te d to 11 12 l e a d t o t h e d i s c o v e r y o f a d m i s s i b l e e v i.d e n c e . 13 ANSWER TO INTERROGATORY NO. 8 6 : T h e r e v e r s e s i d e o f KAISER GYPSUM s a l e s i n v o i c e s c o n t a i n e d 14 numerous p arag rap h s re g a rd in g term s and c o n d itio n s o f s a le , 15 i n c l u d i n g w a r r a n t y . P re s u m a b ly KAISER GYPSUM's a s b e s t o s - 16 c o n ta in in g p ro d u c ts w ere a ls o in v o ic e d on th e s e same s a le s 17 i n v o i c e s . H ow ever, KAISER GYPSUM's r e c o r d s a r e in c o m p le te an d i t 18 does not have sam ples or photographs of th e c o n ta in e rs of i t s 19 a sb e sto s-co n tain in g p ro d u cts; th e re fo re , i t is unable to s ta te 20 w hether any w a rra n tie s, guarantees or o th e r such re p re se n ta tio n s 21 were a ffix e d to th e c o n ta in e rs o r packages of i t s a sb e sto s22 23 c o n t a i n i n g p r o d u c t s . ANSWER TO INTERROGATORY NO. 8 7 : 24 T his in te r r o g a to r y i s n o t a p p lic a b le on th e b a s is th a t i t is 25 lim ited to w arran ties, guarantees or oth er such rep resen tatio n s 26 a ffix e d to products and/or co n tain ers or packages, but in the 27 s p i r i t o f c o o p e r a t i o n KAISER GYPSUM s t a t e s t h a t t h e w a r r a n t y 28 OF -29- 1 contained on the reverse side of its sales invoices read as 2 follow s: 3 WARRANTY: A. Seller expressly warrants title and that 4 the products sold b y it hereunder are free from defects in materials at the time of 5 Shipment. EXCEPT FOR SUCH EXPRESS WARRANTIES, SELLER MAKES NO WARRANTY OF 6 ANY KIND WHATSOEVER, EXPRESS OR IM PLIED, AND ALL WARRANTIES OF MERCHANTABILITY, 7 FITNESS FOR A PARTICULAR PURPOSE, AND OTHER WARRANTIES OF WHATEVER KIND, ARE 8 HEREBY DISCLAIMED BY SELLER AND EXCLUDED. 9 10 ANSWER TO INTERROGATORY NO. 8 8 : T his in te rro g a to ry is a lso n o t a p p lic a b le ; however, in th e 11 s p i r i t o f c o o p e r a t i o n , KAISER GYPSUM s t a t e s t h a t t o t h e b e s t o f 12 i t s know ledge, th e w arran ty , g u aran tee o r o th e r re p re s e n ta tio n 13 c o n ta in e d on th e back o f th e s a le s in v o ic e s d id n o t change in 14 15 s u b s t a n c e . ANSWER TO INTERROGATORY NO. 8 9 : 16 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 17 am biguous in i t s e n tir e ty . W ithout w aiving s a id o b je c tio n , 18 KAISER GYPSUM r e s p o n d s t h a t p u r s u a n t t o a l l e g a t i o n s m ad e i n 19 m e d ia , i n d u s t r y and g o v e r n m e n ta l e n t i t y p u b l i c a t i o n s , KAISER 20 GYPSUM i s a w a r e t h a t t h e r e i s a l l e g e d l y a p o t e n t i a l c a u s a l 21 c o n n ectio n betw een exposure to a sb e sto s d u st and a s b e s to s is , 22 pneum oconiosis, lung cancer, m esotheliom a, and c e rta in o th er 23 24 c a n c e r s . ANSWER TO INTERROGATORY NO. 9 0 : 25 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 26 b u r d e n s o m e a n d h a r a s s i n g . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 2/ 2i GYPSUM r e s p o n d s a s f o l l o w s : Of -30- 1 A N S W E R TO I N T E R R O G A T O R Y NO. 92: KAISER GYPSUM's r e c o r d s a r e in c o m p le te a n d m e m o rie s f a d e ; 2 t h e r e f o r e , KAISER GYPSUM i s u n a b l e t o i d e n t i f y t h e o f f i c e r , 3 a g e n t, s e r v a n t , em ployee o r o t h e r r e p r e s e n t a t i v e who f i r s t became 4 aw are t h a t a s b e s to s -c o n ta in in g p ro d u c ts o f Jo h n s-M an v ille Corp. 5 o r i t s a f f i l i a t e d com panies were being " la b e lle d ." 6 7 ANSWER TO INTERROGATORY NO. 9 3 : To t h e b e s t o f KAISER GYPSUM's k n o w le d g e , i t d o e s n o t h a v e 8 any "docum ents r e la te d to th e know ledge" re g a rd in g th e la b e llin g 9 o f a sb e sto s p ro d u cts by Jo h ns-M anville Corp. o r i t s a f f i l i a t e d 10 11 c o m p a n i e s . 12 ANSWER TO INTERROGATORY NO. 9 4 : Not a p p licab le. 13 ANSWER TO INTERROGATORY NO. 9 5 : 14 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 15 b u r d e n s o m e a n d h a r a s s i n g . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 16 GYPSUM r e s p o n d s a s f o l l o w s : 17 a. The em p lo y ees who w ere r e s p o n s ib le f o r dum ping raw 18 m a te ria ls in to hoppers were re q u ire d to w ear r e s p ir a to r s and 19 p ro te c tiv e clothing. 20 b. KAISER GYPSUM's r e c o r d s a r e i n c o m p l e t e ; t h e r e f o r e , i t 21 i s u n ab le to p ro v id e a s p e c if ic d a te upon w hich such p ro te c tiv e 22 d e v i c e s w e r e i s s u e d . H o w e v e r , KAISER GYPSUM r e s p o n d s t h a t o n t h e 23 b a s i s o f i n d u s t r i a l h y g i e n i s t r e c o m m e n d a t i o n s , KAISER GYPSUM 24 provided re s p ira to rs and p ro te c tiv e c lo th in g a t le a s t as e arly as 25 1971, i f not before. 7t c. R e sp ira to rs and d isp o sa b le c o v e ra lls were provided. 2/ d. Many i n d i v i d u a l s w ere in v o lv e d in d i s c u s s i o n s and 7i >O f *Z10 ERT AL -32- lEET 7-378 I decisions regarding protective clothing and de' os. 2 e. C l i f f o r d W. R o g e r s , 300 L a k e s i d e D r i v e , O a k l a n d , 3 C a l i f o r n i a . A d d itio n a lly , docum ents a re s to r e d a t 383 F o u rth 4 S tr e e t, O akland, C a lifo rn ia . 5 ANSWER TO INTERROGATORY NO. 9 6 : 6 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 7 a m b i g u o u s . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s i n t e r r o g a t o r y 8 as overbroad in scope to th e ex ten t th a t i t req u ests inform ation 9 f o r y e a rs d u rin g w hich t h i s d efen d an t d id n o t m anufacture or 10 d i s t r i b u t e a s b e s t o s - c o n t a i n i n g p r o d u c t s o r n o n - a s b e s t o s - 11 c o n t a i n i n g p r o d u c t s . W i t h o u t w a i v i n g s a i d o b j e c t i o n s , KAISER 12 GYPSUM(4 r e s p o n d s t h a t i t w a s n o t a w a r e u n t i l t h e e a r l y 1 9 7 0 ' s o f " p o ss ib le h e a lth ra m ific a tio n s o f w orking w ith and around 13 asb esto s fib e rs , d u st an d /o r p ro d u cts." Furtherm ore, t e s t 14 r e s u l t s c o n d u c t e d b y a n i n d u s t r i a l h y g i e n i s t a t KAISER GYPSUM 's 15 p la n ts were w ith in th e th e n -p re s e n t th re s h o ld lim it v alu e of fiv e 16 f i b e r s p e r m i l i l i t e r (tim e -w a ite d a v erag e ) (p e r J u ly 18, 1972 17 t e s t s o f a i r sam p les), and th e r e s u l t s o f th e J u ly 23, 1976 a i r 18 sam ple t e s t s in d ic a te d th e tim e-w aited a v erage fo r an 8-hour day 19 20 w a s n o t e x c e e d e d , s i n c e t h e d u m p in g o f r a w m a t e r i a l s i n t o h o p p e r s was p e rfo rm e d a b o u t 10 t o 15 m in u te s p e r s h i f t o r l e s s . 21 T h e r e f o r e , b a s e d o n t h e s e r e s u l t s , KAISER GYPSUM w a s u n d e r t h e 22 b e lie f th a t i t s em ployees w ere n o t exposed to u n accep tab le or 23 p o te n tia lly hazardous le v e ls of asbestos fib e rs , dust or 24 p articles. 25 ANSWER TO INTERROGATORY NO. 9 7 : 26 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 27 am biguous as to th e p h rase " lib e r a tin g a sb e s to s f i b e r s ." 28 y= :io, -33- 1 Furthermore, K 'JSE K GYPSUM's a s b e s t o s - containing products would n o t b e u s e d o r " a p p l i e d b y a n i n s u l a t o r . " W i t h o u t waiving said 2 o b j e c t i o n s , KAISER GYPSUM s t a t e s t h a t i t s a s b e s t o s - c o n t a i n i n g 3 p ro d u cts can be "ap p lied " by o th e rs w ithout " lib e ra tin g asb esto s 4 5 f i b e r s ." 6 ANSWER TO INTERROGATORY NO. 9 8 : KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 7 a m b i g u o u s . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER GYPSUM s t a t e s 8 th a t on th e b a s is of i t s u n d erstan d in g of t h is in te rro g a to ry , i t 9 n e v er m ain ta in ed o r o p e ra te d a u n it w hich was under c o n tra c t to 10 a p p l y o r i n s t a l l KAISER GYPSUM a s b e s t o s - c o n t a i n i n g p r o d u c t s . 11 ANSWER TO INTERROGATORY NO. 9 9 : 12 it Not a p p lic a b le . 13 ANSWER TO INTERROGATORY NO. 1 0 0 : 14 KAISER GYPSUM d i d n o t m a n u f a c t u r e o r d i s t r i b u t e a s b e s t o s 15 containing in su la tio n products; th e re fo re , th is in terro g ato ry is 16 in a p p lic a b le . 17 ANSWER TO INTERROGATORY NO. 1 0 1 : 18 D u r i n g t h e 1 9 7 0 ' s , KAISER GYPSUM i s s u e d t e c h n i c a l b u l l e t i n s 19 w hich p re s c rib e d th e use of re s p ir a to r s d u rin g spray a p p lic a tio n 20 of c e rta in products. , 21 ANSWER TO INTERROGATORY NO. 1 0 2 : 22 The f i r s t p e r s o n a l i n j u r y c a u s e o f a c t i o n w h e r e i n KAISER 23 GYPSUM w a s a n a m e d d e f e n d a n t w a s s e r v e d u p o n KAISER GYPSUM i n 24 1979. 25 ANSWER TO INTERROGATORY NO. 1 0 3 : 26 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 27 burdensom e, h ara ssin g and o p p ressiv e. This in te rro g a to ry not 28 OF 210, -34- 1 only reque::: information regarding the first noticed clair, ci 2 in ju ry but inform ation regarding " a ll d a im s file d fo r in ju ry 3 r e s u ltin g from use of a n d /o r exposure to a sb e s to s p ro d u c ts (e .g . 4 th e f il in g of a w o rk er's com pensation c la im )." Over th e y ears, 5 KAISER GYPSUM h a s b e e n n am ed i n n u m e r o u s l a w s u i t s c l a i m i n g i n j u r y 6 r e s u ltin g from use o f a n d /o r exposure to a sb e s to s p ro d u c ts. This 7 inform ation is a m atter of p u b lic record and eq u ally a v a ila b le to 8 p l a i n t i f f . F u rth e rm o re , many o f th o s e p l a i n t i f f s w ere 9 re p re s e n te d by th e Kazan o f f ic e , which i s f u ll y f a m ilia r w ith th e 10 c o u r s e o f a s b e s t o s l i t i g a t i o n i n t h e B ay A r e a , a s w e l l a s o t h e r j u r i s d i c t i o n s , and i s e q u a lly f a m ilia r w ith th e c a se s to which 11 t h i s d e fe n d a n t h as been a named p a r ty . 12 ANSWER TO INTERROGATORY NO. 1 0 4 : 13 KAISER GYPSUM h a s b e e n s e l f - i n s u r e d f o r w o r k e r ' s 14 com pensation sin c e 1964. T h erefo re, th e re could be no claim s 15 a g a in s t any "w o rk e r's com pensation in su ra n c e c a r r i e r w hich 16 p ro v id e d coverage f o r your com pany." 17 ANSWER TO INTERROGATORY NO. 1 0 5 : 18 Not a p p lic a b le . 19 ANSWER TO INTERROGATORY NO. 1 0 6 : 20 Not a p p lic a b le . 21 ANSWER TO INTERROGATORY NO. 1 0 7 : 22 Not a p p lic a b le . 23 ANSWER TO INTERROGATORY NO. 1 0 8 : 24 See E x h ib it 3, attach ed h e re to . 25 ANSWER TO INTERROGATORY NO. 1 0 9 : 26 I n t h e c o u r s e o f e s t a b l i s h i n g c o r p o r a t e p r o c e d u r e s , KAISER 27 GYPSUM e s t a b l i s h e d a g e n e r a l r e c o r d s r e t e n t i o n p o l i c y w h i c h d o e s 28 JF :io, -35- pc C ;ficc;l 1 v rcier to records incoming the ranuiacturc, 1 j sale, a d v e rtisin g , d is trib u tio n , d eliv ery and in s ta lla tio n of 2 a s b e s to s -c o n ta in in g p ro d u c ts . The r e s p o n s ib il ity fo r re te n tio n 3 and/or d e s tru c tio n of reco rd s v a rie d over th e y e a rs, b ut prim ary 4 r - ^ n n n s i b i l i t v v e s t e d w ith th e c u s to d i a n o f r e c o r d s , who a c te d ir 5 accordance w ith e s ta b lis h e d reco rd s c o n tro l p o lic ie s and 6 p ro c e d u re s . A ll d e c is io n s to d e s tro y re c o rd s w ere made m o rd e r 7 to comply w ith g u id e lin e s e s ta b lis h e d by c o rp o ra te " p o lic ie s and 8 p ro c e d u re s ." D e stru c tio n form s were g e n e ra lly i n i t i a t e d by 9 re c o rd s c o n tro l p erso n n el on a y e a rly b a s is . The s e le c tio n of 10 item s fo r d e s tr u c tio n was g e n e ra lly based upon re c o rd s 11 d is p o s itio n schedules approved by reco rd s c o n tro l, departm ent 12 heads, and th e ta x , le g a l and in te rn a l a u d it s ta f f s and d iv isio n 13 h e a d s . Any r e c o r d s d e s t r u c t i o n a p p l i c a t i o n g e n e r a lly r e q u ir e d 14 th e same a p p ro v a l, e x c e p t t h a t th e C o n tr o lle r , r a t h e r th a n th e 15 d i v i s i o n h e a d s , gave f i n a l a p p ro v a l. Any in d iv id u a l in th e 16 a p p r o v a l c h a i n c o u ld s t o p o r d e l a y d e s t r u c t i o n . When t h e 17 a s b e s t o s - r e l a t e d l i t i g a t i o n b e g a n i n e a r n e s t , KAISER GYPSUM 18 a tte m p ted to se g re g a te a l l o f th e a s b e s to s - re la te d documents 19 s t i l l in e x is te n c e and to house and m a in ta in them so as to 20 preclude d e stru ctio n or lo ss. 21 ANSWER TO INTERROGATORY NO. 1 1 0 : 22 See re sp o n se to I n te r r o g a to r y No. 109. The e x is tin g re c o rd s 23 a re c u r r e n tly m a in ta in e d a t 300 L ak esid e D riv e, O akland, 24 C a l i f o r n i a and 383 F o u rth S t r e e t , O akland, C a l if o r n ia . 25 ANSWER TO INTERROGATORY NO. I l l : 21 2; N o t a p p l i c a b l e . 2! / / / Of NZtO ERT AL N =EET 7 -3 7 0 -36- 2 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d t o 3 th e e x te n t th a t i t re q u e sts in form ation fo r p erio d s of tim e . 4 d u r i n g w h i c h KAISER GYPSUM d i d n o t m a n u f a c t u r e a s b e s t o s - 5 c o n t a i n i n g p r o d u c t s . KAISER GYPSUM f u r t h e r o b j e c t s t o t h i s 6 in te r r o g a to r y as vague and am biguous as to th e p h rase 7 " re p re s e n ta tio n s " and "p ro d u cts s u p e rio r." W ithout w aiving said 8 o b j e c t i o n s , KAISER GYPSUM s t a t e s t h a t t o t h e b e s t o f i t s 9 know ledge, i t n e v e r made any e x p re ss r e p r e s e n ta tio n s t h a t th e 10 p r e s e n c e o f a s b e s t o s i n t h e p r o d u c t s m ade t h e p r o d u c t s s u p e r i o r , 11 i n a n y w a y , t o a n y a s b e s t o s - f r e e p r o d u c t o r m a t e r i a l i n t e n d e d f o r 12 t h e s a m e o r s i m i l a r u s e . H o w e v e r , KAISER GYPSUM may h a v e m ade 13 g e n e r a l r e p r e s e n t a t i o n s t h a t t h e q u a l i t y o f t h e s e p r o d u c t s w as 14 s u p e r i o r t o o t h e r p r o d u c t s o r m a t e r i a l s i n t e n d e d f o r t h e sam e o r sim ila r use w ithout express referen ce to th e asbestos content 15 th e re o f. 16 17 ANSWER TO INTERROGATORY NO. 1 1 3 : Not a p p lic a b le . 18 ANSWER TO INTERROGATORY NO. 1 1 4 : 19 To t h e b e s t o f a n sw e rin g d e f e n d a n t 's k n o w led g e, i t i s 20 unaw are o f e v e r h a v in g made any r e p r e s e n ta tio n s t h a t th e u se of 21 a s b e s to s o r th e u se o f raw a s b e s to s f i b e r a n d /o r a s b e s to s 22 c o n ta in in g p ro d u c ts was s a f e , h arm less o r n o t d an g ero u s. 23 ANSWER TO INTERROGATORY NO. 1 1 5 : 24 Not a p p lic a b le . 25 ANSWER TO INTERROGATORY NO. 1 1 6 : 26 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s v a g u e a n d 27 am biguous as to th e p h ra se "ev e r s to re d o r w arehoused." W ithout 28 110, -37- Vi .v i n c o c t l c: KAISER GYPSUM 2 m an u factu re of th e p ro d u c ts , th e y would be " s to re d o r w arehoused" 3 a t KAISER GYPSUM p l a n t s , a w a i t i n g p u r c h a s e a n d d e l i v e r y . 4 ANSWER TO INTERROGATORY NO. 1 1 7 : 5 KAISER GYPSUM d i d n o t h a v e d e s i g n a t e d w a r e h o u s e s o r s t o r a g e 6 f a c i l i t i e s . The p ro d u c ts were s to re d a t th e p la n t where they 7 were m anufactured, aw aitin g s a le and d is tr ib u tio n . 8 ANSWER TO INTERROGATORY NO. 1 1 8 : 9 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s o v e r b r o a d , 10 b u r d e n s o m e a n d h a r a s s i n g . W i t h o u t w a i v i n g s a i d o b j e c t i o n , KAISER 11 GYPSUM s t a t e s t h a t u p o n s a l e o f i t s a s b e s t o s - c o n t a i n i n g p r o d u c t s , 12 i t cannot s ta te what th e purchasers th e re o f did w ith th e 13 p r o d u c t s , i . e . , w h e t h e r t h e y w e r e u s e d l o c a l l y o r t r a n s p o r t e d b y 14 r a i l , t r u c k , v e s s e l o r o t h e r m e a n s o f t r a n s p o r t a t i o n . 15 ANSWER TO INTERROGATORY NO. 1 1 9 : No p e r s o n h a s t e s t i f i e d o n KAISER GYPSUM's b e h a l f a t t r i a l 16 17 o r b y d e p o s i t i o n i n a n y c a s e a l l e g i n g a s b e s t o s - r e l a t e d b o d i l y 18 i n j u r y . 19 ANSWER TO INTERROGATORY NO. 1 2 0 : 20 KAISER GYPSUM o b j e c t s t o t h i s i n t e r r o g a t o r y a s c a l l i n g f o r e x p e r t o p i n i o n . KAISER GYPSUM i s n o t a n e x p e r t i n s u c h m a t t e r s . 21 ANSWER TO INTERROGATORY NO. 1 2 1 : 22 KAISER GYPSUM i n f a c t w a r n e d u s e r s o f i t s a s b e s t o s 23 co n tain in g p roducts reg ard in g th e p o te n tia l hazards and ris k s of 24 use of and exposure to asb esto s-co n tain in g products. Therefore, 25 th is in te rro g a to ry is in ap p licab le to th is defendant. 26 27 ANSWER TO INTERROGATORY NO. 1 2 2 : 28 KAISER GYPSUM c o n t e n d s t h a t i t d i d n o t c o n s p i r e w i t h o t h e r s 5F :io, -38- Ij t.o a . 1 p r o d u c t s t o b e u s e d w; +- v, or w ithout any w arnings, regarding th e hazards or ris k s of use of 2 a n d / o r e x p o s u r e t h e r e t o . KAISER GYPSUM i n f a c t l a b e l l e d i t s 3 a s b e s to s - c o n ta in in g p ro d u c ts w ith a w arning which was in 4 com pliance w ith fe d e ra l re g u la tio n s re la tin g to o ccu p atio n al, 5 s a f e t y a n d h e a l t h s t a n d a r d s . A d d i t i o n a l l y , KAISER GYPSUM 6 d isse m in a te d te c h n ic a l b u lle tin s which p re s c rib e d th e use of 7 re s p ira to rs during spray a p p lic a tio n of c e rta in products. 8 T h e r e f o r e , i n v i e w o f t h e f a c t t h a t KAISER GYPSUM p r o v i d e d 9 10 w a r n i n g s , t h e l o g i c a l c o n c l u s i o n i s t h a t i t d i d n o t c o n s p i r e w i t h o th e rs to avoid such w arnings. 11 ANSWER TO INTERROGATORY NO. 1 2 3 : 12 V arious m edia, in d u s try , and governm ental p u b lic a tio n s have 13 in d ic a te d th a t th e re is a d is tin c tio n betw een v a rio u s ty p es of 14 employment and ex p o su re to a s b e s to s p ro d u c ts r e l a t i v e to th o se 15 p a r t i c u l a r t y p e s o f e m p lo y m e n t. On t h e b a s i s o f s u c h 16 i n f o r m a t i o n , KAISER GYPSUM c o n t e n d s t h a t t h e r e i s s u c h a 17 d i s t i n c t i o n . However, t h i s in fo rm a tio n i s b ased on in fo rm a tio n 18 and b e lie f d e riv e d from th e s e v a rio u s p u b lic a tio n s , and n o t on 19 KAISER GYPSUM's p e r s o n a l k n o w le d g e . 20 ANSWER TO INTERROGATORY NO. 1 2 4 : 21 See re sp o n se to I n te r r o g a to r y No. 123; th e answ er th e r e to is 22 e q u a lly a p p lic a b le to c o n te n tio n s re g a rd in g d iffe re n c e s betw een 23 asbestos fib e r types. 24 ANSWER TO INTERROGATORY NO. 1 2 5 : 25 KAISER GYPSUM i s n o t a n " i n s u l a t i o n c o n t r a c t o r " ; t h e r e f o r e , 26 t h i s i n t e r r o g a t o r y i s i n a p p l i c a b l e t o KAISER GYPSUM. 27 28 OF ZIO, -39- EXHIBIT 2 KAISER GYPSUM C O ., INC. SUPPLIERS OF RAW ASBESTOS W e ste rn C hem ical Co. 3270 E. W ashington B lvd. Los A ngeles, C a lifo rn ia P h ilip Carey Corp. (C arty C anadian A sbestos) P.O . Box 15070 C in c in n a ti, Ohio 45215 P h ilip Carey Corp. c /o G eorge T. Rowley Co. 937 N. F r o n t S t. P h ila d e lp h ia , Pennsylvania Jo h n s-M an v ille S ales Corp. 215 M a rk e t* S tre e t San F ran cisco , C a lifo rn ia Jo h n s-M an v ille S ales Corp. The M all B u ild in g C hestnut a t Fourth P h ila d e lp h ia , Pennsylvania 19106 Jo h n s-M an v ille S a le s Corp. 3275 E. S lauson Avenue Los A ngeles, C a lifo rn ia U nion C arb id e Co. C hem icals and P la s tic s 22 B a t t e r y S t r e e t San F ran c isco , C a lifo rn ia 94106 U nion C a rb id e Co. 4979 E. 52nd S t. Los A ngeles, C a lifo rn ia Union C arbide Corp. M ining and M in erals D iv isio n C a lid ria A sbestos P.O . Box K King C ity , C a lif o r n ia 93930 U nion C arbide Corp. 17 E x e c u t i v e P a r k D r iv e , A tla n ta , G eorgia N .E . S' -l- P a c ific A sbestos Corp. C opperopolis, C alifo rn ia 95228 E .S . Browning 2321 Y ates Ave. Los A ngeles, C a lifo rn ia E .S . Browning 493 D eharo S t. San F ra n c isc o , C alifornia Loom is C hem ical Co. P.O . Box 17342 P o rtla n d , Oregon 97217 Benson Chem ical 2728 N.W. N e la P o rtla n d , Oregon 97210 S.H . R oss Co. 1645 McDuff Ave. Jack so n v ille, F lorida -2 in P e r io d Pecenbcr 31, 1050 - recender 31, 1953 l ia b il it y in su r n c e saimiu: Name i Address _of Insurer D a ile y Number Firenvin's Find P .0 . Box 3395 San F r a n c isc o , CA 9-1119 XAC135009 fX>-cc'lx'r 3 1 , 1953 - December 31, 1954 IX-oecbor 31, 1954 - December 31, 1955 Firem an's Fund P .0 . Dox 3395 San F r a n c isc o , CA 94119 Firem an's Fund P .0 . Dox 3395 San F r a n c isc o , CA 94119 XAC157697 XAC160046 December 31, 1955 - December 31, 1956 Firem an' s Fund P .0 . Dox 3395 San F r a n c isc o , CA 94119 PC0240524 Ib-cember 3 1 , 1956 - December 31, 1957 Firem an' s Fund P .0 . Dox 3395 San F r a n c isc o , CA 94119 PC8241682 Poeumber 3 1 , 1957 - December 31, 1958 F irem an 's Fund P .0 . Dox 3395 San F r a n c isc o , CA 94119 PC8242044 December 31, 1958 - December 31, 1959 December 31, 1959 - December 31, 1964 F irem an's Fund P .0 . Dox 3395 San F r a n c isc o ,I CA F irem an 's Fund P .0 , Bax 3395 San F r a n c is c o , CA 94119 94119 PCI2 2 5 0 1 S PCI 237800 D-ptember 15, 1959 - Septerber 15, 1960 * L lo y d 's i E n g lish Cbmrpanies c / o C.V. S ta r r . Co. Three Dmtarcadero Conter San F r a n c isc o , CA 94111 LL65520 U85521 September 15, 1960 - September 15, 1961 . IJ o y d 's S E n g lish Cbmpanies through L a n d is, P e l l e t i e r (> P a rrish c / o Dcwes & Co. 333 Harket S tr e e t San F r a n c lso o , QA 94105 I.L67476 . LL67477 D p t e m le r 15, 1961 - September 15, 1963 L lo y d 's C. E n g lis h Companies U 6 9 2 6 0 through la n d i s , P e l l e t i e r (. LI69261 P a r r ish . v c / o Bowes t Co. ` 333 Market S t r e e t San F r a n c is c o , CA 9 4 1 0 5 . \V e V Pol icy Lim its i 2 0 0 ,0 0 0 each p erson DI 1 ,0 0 0 ,0 0 0 each o ccu rren ce BI S ' Peed Stenhouse has no record o f Property DXitnage L i a b i l i t y for th e p erio d December 31, 1950 to December 31, 1959 200,000 each person B odily Injury 300,000 each occurrence B xlily Injury 300,000 annual aggregate 5 0 ,0 0 0 Third r a r ty P roperty Munagc 100,000 exceos o f 50,000 5 0 ,0 0 0 T liird P a r ty P rop erty Damage 100,000 ex cess o f 50,000 ' 5 0 ,0 0 0 Third P a rty P rop erty [Ximago 100,000 ex c e ss o f 50,000 lYour u_-a Period iU . Sc'ptctrlx_'r 15, 1963 -- O ctob er, 1964 9. O ctob er 190-1 - J jn u a ry 29, 1971 10. D eoerter 31, 1964 - January 1, 1968 lCXa. /'i>r 11 22, 1965 - Jan u ary 1 , 1968 t 11. January 1, 1968 - January 30, 1971 12. January 30, 1971 - A p r il 1, 1980 13. January 30, 1971 - January 1, 1974 14. January 1, 1974 - January 1, 1977 15. January 1, 1977 - O ctober 1, 1977 * 16. C ctcler 1, 1977 - October 1, 1978 October 1, 1977 - October 1, 1978 O ctoler 1, 1977 - O ctober 1. 1978 \ \\ Rime L A Jd rcss o f Inuutcr Racd Stcnlxouse Ivaa no record Truck Inourance Exchange 4600 W ilsh ire Dlvd. Lo b A n g e le s , CA 90051 U o y d 'e & E nglish Cbnponies c / o J . l l . H in et S. Cb. 100 Leman S t r e e t London E 18 JIG L lo y d 's . Bag 11 ah Cbmponlea c / o J . l l . Miiaet & Co . 100 Leman S t r e e t London E 10 HG 4 L loyd's Underwriters J . l l . S, K Inet S. Cbtnpany 100 Lenvan S t r e e t London E. 18 IlCr, England Truck Insurance Exchange 4600 V illshlre D l\d. Lob A n g e le s , CA 90051 In su ra n ce Cb. o f S t a t e o f P en n sy lv a n ia c / o C. V. S ta rr Three Dntorcadero Center SUn F r a n c is c o , CA 94111 Insurance Cb. o f S ta te o f P en sy lv a n la c / o C.V. S ta r r S Ccciparry Three Eir.batcadero C enter San F r a n c is c o , CA 94111 Insurance Cb. o f S ta te o f Pennsylvania C.V. S ta r r l COnpvariy Three Dnbarcadero Center San FTar^risco, CA 94111 F irst S ta te Inourance Co. CO C a ttery March S t r e e t B oston, Mass 02110 N o rth b r o o k .In su r a n c e CO. A lls ta te Plazal Nortlibrook, l l | 00062 lexin gton Insurance 100 Slimier S tr e e t B oston, Mass 02110 P o li c y lAnnber o f covcrogo 35040005 UJS 1031/A 1IJS 1032/A LUS 1033/A LUS 1066A IDS 1067A 1JJS 1OG0A 350-40-00 411-4919 411-4969 c Unknown 411-4970 4174-5041 4174-5042 4174-5043 4174-5044 41777436 41777437 41777430 907005 03-003-630 CC5502095 Pol Icy 1.1 mi t o 100,000 per per con 300,000 per occurrence (Primary P a llcy ) 1 ,0 0 0 ,0 0 0 ex ceo n o f Primary (Program 9) 4 ,0 0 0 ,0 0 0 e x c c o a o f 1 Hi 1li e n 5 ,0 0 0 ,0 0 0 e x c e s s o f 5 ,0 0 0 ,0 0 0 (Program 10) 1 ,0 0 0 ,0 0 0 exccaa o f Primary (Program 9) 9,000,000 exceoo o f 1,000,000 10,000,000 excess o f 9,000,000 5 0 0 ,0 0 0 P er O ccurren ce Cbmblned 6 1 r g le Llml fo r r t x llly In ju ry and P rop erty Cbirage (Primary Pal Icy) 5 ,0 0 0 ,0 0 0 e x c e s s o f Primary (Program 12) 15,000,000 excess o f 5,000,000 7,0 0 0 ,0 0 0 part o f 10,000,000* 3,000,000 part o f 10,000,000* *10,000,000 is In e x c e ss o f 20,000,000 5 ,0 0 0 ,0 0 0 e x c e s s o f Primary (Program 12) 15,000,000 excess o f 5,000,000 10,000,000 ex cess o f 20,000,000 20,000,000 excess o f 50,000,000 1 0 ,0 0 0 ,0 0 0 e x c e ss o f Primary (Program 12) 15,000,000 ex cess o f 10,000,000 25,000,000 excess o f 25,000,000 5 ,0 0 0 ,0 0 0 e x c e o s o f Primary (Prc^jram 12) 17,000,000 ex cess o f 5,000,000 1 2,000,000 part o f 25,000,000* i ITc/jr a ? ^''r Iod a t i i t r 1 , 107 7 - October 1. 1070 C o t c l e r 1, 1977 - O ctober 1, 1970 C o t t i e r 1, 1977 - Octciier 1, 1970 17. O c to b e r 1, 1979 - Ajtt 11 1. 1979 O cto b er 1, 1979 - A p ril 1, 1979 O ctc i-cr 1, 1970 - Apr 11 1, 1979 C b t c t e r 1, 1978 - A p ril 1, 1979 O c t o i e r 1. 1978 - A p ril 1, 1979 10. A p r i l 1, 1979 - A p ri l 1, 1980 Ap-r 11 1, 1979 - A p r i l 1. 1980 A p r i l 1, 1979 - A p ril 1, 1980 Apr i l l , 1979 - A p r i l 1, 1980 A p r i l 1, 1979 - A p ril 1, 1980 Name t AJdrcaa of Insurer Columbia C auualty 55 E. J a ck so n D iv i. C h icago, 111 60604 Ebployers PulnEurance P.O. tb x 2991 C V erland Park, KA 66201 llighlands Insurance COO J e f f e r s o n S t r e e t ib o s t o n , TX 77002 New fh g la rx i R eln su ran ce Cb 60 Batteryzurch S treet Boston, Hass 02110 Itorthbrook Insurance Cb. A lls t a t e Plaza tbrthbrook, III 60062 le x in g te n In su ran ce Cb. 100 Sraimer S tr e e t C o s ta i, Ri s e 02110 CJIA 55 E. Jackson BKO. C h ica g o , 111 6GC04 liiglilanda Insurance Cb. CG0 J e f f e r s o n S t r e e t I b o s to n , TX 77002 New b ig land P eln c u r a n c e Cb 60 Dotterymarch S treet B oston , Mass 02110 tb rth b rook Insurance Cb. A lls ta te Plaza tb rth b ro o k , 111 60062 1-exington In su ran ce Cb. 100 Su-tcer S tr e e t D oston, Mjsa 02110 Cblumbia C a su a lty 55 E. Jackson D iv i. C h ica g o , 111 GC0Q4 American R einsurance Qie L ib erty Pinza New Y ork, NY K/OQG \ r o l le y Ihnnbcr RIK3G52645 PU21526 30060 60-1196 63005038 :-J- 5513539 RTK4169393 SR30145 604465 63005030 5513539 RTX41G9393 EUR4007916 Pol le y M o l tn $ 5 ,0 0 0 ,0 0 0 port o 125,000,000* 1 5 ,0 0 0 ,0 0 0 part o f 125,000,000* 1 3 ,0 0 0 ,0 0 0 part o f 125,000,000* *25,000,000 la In exceoa o f 122,000,000 1 5 ,0 0 0 ,0 0 0 exceoa o f Primary (Program 12) 120,000,000 excess o f 15,000,000 115,000,000 part o f 125,000,000* 1 5 ,000,000 part o f 125,000,000* 1 5 ,0 0 0 ,0 0 0 part o f 125,000,000 * 1 2 5 ,0 0 0 ,0 0 0 l a In cxccbs o f 1 2 5 ,0 0 0 ,0 0 0 1 5 ,0 0 0 ,0 0 0 exccaa o f Primary (Program 12) 120,000,000 exceso o f 15,000,000 115,000,000 part o f 125,000,000* 1 5 ,000,000 part o f 125,000,000 , 1 5,0 0 0 ,0 0 0 part o f 125,000,000* *125,000,000 la In xconu ot 125,000,000 *'[<li.r22 Po r lo.) IHi. ir-ceti o r 7, 1079 - Agirli 1, 19U0 n e c e t d c r 7, 1979 - A p r i l 1, 1900 IV-cerl er 7, 1979 - Agrril 1, 1900 19 A p r i l 1, 1901 - A p r i l 1. 1983 20. A p r i l 1, 1903 - Apr 11 1, 1981 A p r i l 1. 1500 - A p r i l 1, 1981 A p r i l 1, 1980 - Apr i 1 1, 1981 A p r i l 1, 1960 - A p r i l 1, 1581 A p r i l 1, 1903 - A p r i l 1, 1981 A p r i l 1, 1980 - A p r i l 1, 1981 A p r i l 1, 1'GO - Apr 11 1, 1981 A p r i l 1, 1950 - A p r i l 1, 1901 ( l a c l u l e u May 13, i 9 6 0 i n c i d e n t ) firme l A ld rc ss of Insurer A llia n z thilorw ritero P.O. Box 3 6910 Ios Atnjelus, CA 90036 Pinctrp Insurance CroyWxuxJ Tower lh c e n i x , AH 96077 F lr e n u n 's Fund In su r a n c e Cb. P.O . Dox 3395 San F r a n c is c o , CA 9 `1119 Truck In surance Exchange 4 (8 0 Hi 1ch i re DlvO. Los Angeles, CA 90051 Trans C ontinental CKA P la za Chicago, 111 6068 5 Itortlibrook Insu ran ce Cb. A lls ta te Plaza N orth b rook , 111 60062 le x in g tc o In su ran ce Cb. 100 Sunrer S treet Boston, Hass 02110 American E xcess Che L ib e r ty P la za Hew York, NY 10006 M 1ianz P.O. Itox 36910 Ios Angeles, CA 90036 PI ne Tbp Creytiound Ttower il io c n ix , AR 0507 7 Fi r e r a n 's Furxj P.O. Itox 3395 San F r a n c is c o , CA 94119 Lloyds U nderw riters C .T . Dewring i. C o ., L td . Tire B ow rirg lild g . Tbver P la z a London, LC3P 3 DC England . H a lle y Numlier AU5003139 MUH01604 XLX1269069 350-40-00 LD-SX)06496626 63006576 5514410 EXU5073331 AOS003139 MLP10164 J XLX329069 LOS 1294 \ I>j 1 le y L im its 15,000,000 ix)rt o f 25,000,000* 1 0 ,OCX),0 0 0 p a rt o f 2 5 ,0 0 0 ,0 0 0 * *25,000,000 io In cxciuo o f 50,000,000 (Program 1U) 25,000,000 cxccoa o f 75,000,000 i 5 0 0 ,0 0 0 Combined S in g le Lim it 1 ,5 0 0 ,0 0 0 Aiim ul Tiggregate (Primary H olley) 1 0 ,0 0 0 ,0 0 0 exccoo o f Primary (Program 19) 15,000,000 exceaa o f 10,000,000 20,0 0 0 ,0 0 0 part o f 25,000,000* 5 ,0 0 0 ,0 0 0 part o f 25,000,000* *25,000,000 la In exceos o f 50,000,000 1 5 ,0 0 0 ,0 0 0 part o f 25,000,000* 1 0 ,0 0 0 ,0 0 0 part o f 25,000,000* * 25,000,000 la In exccsa o f 50,000,000 25,000,000 cxceaa o f 75,000,000 . 5 0 ,0 0 0 ,0 0 0 exceao o f 100, 000,000 i *f , iirn:n hiiiiii ;>|. 74rr 11 1 , 19131 - Aj t II 1. 1903 Ag r 11 1. 1981 - A p r il 1, 1903 2 1 a . Apr 11 1, 1901 - A p r il 1, 1902 A-prl 1 1, 1901 - A p r il 1. 1902 Aprl 1 1, 1981 - A p r il 1 . 1902 A jir il 1, 1901 - A p r il 1 , 1902 A p r il 1, 19iil - A p r il 1 , 1902 A p r il 1, 1901 - A p r il 1, 1982 < ' A p r il 1, 1901 - A p r il 1, 1902 1902 - A p r i l 1, 1903 1902 - Apri1 1, 1903 1902 - A pril 1, 1903 Rime . A ldreaa o f Insurer Uo^Oo Uierwritcro C .T. Ekwring S. C o ., Ltd The Dewring b ld g . Tbwer Ionloii, 11131' 300 Enjland Plaza \ tV)l l e y Humber U)S 1324 Lloyd u Underwrit r a C .T. R wring A C o., I.trl. The lt w r in g UM g. Tt**.!r P laza I o n I011, U33P 3BE England LUS 1325 Lloyds U nderw riters C .T . Dowrlng . C o ., Ltd. The Dowrlng lil.lg . Tbwer Plaza Io n 3 o n , U13P 30E England landmark Insurance 3550 W llohiro DUO. Loa A uigelea, CA 90010 I n d u s tr ia l Indem nity P.O . nox 3CCO San F r a n c is c o , CA 994120 LUS 1326 FE4001206 . JE0312723 Firem ans Fund P.O to x 3395 S in F r a n c is c o , CA 94119 M itual F ir e Karine t Inland 1X O T liree Ihrkwciy l h i l a d e l [ h i a , l'A 19102 I P in e Ttop In su ra n ce Greyliound Ttwer l l o e n i x , AvR 05077 1 XIX1372713 D.104518 HI.PI 02700 Old Kepubl ic P.O. Pox 709 G reenb u rg, PA 15601 02X12430 I.lojrls Underwr Itra C.T. w ring & C o., Ltd. The Dowring b ld g . Tower Plaza I/xvJon, EC3P 3BE England ' LUS 1355 llic ^ ila n d s ln o u ra n cc CbC u llen C enter ink Ulvd. SDR30269 H o u sto n , TX 7 7002 I n d u s tr ia l Indem nity Co. JE0312723 1 P .O . It>x 3CC0 San F r a n c is c o , CA 94120 Pol Icy Limita 5 ,0 0 0 ,0 0 0 exceoa o f Primary (Program 19) 20,000,000 excess of $5,000,000 2 5 ,0 0 0 ,0 0 0 exceoo o f 2 5 ,0 0 0 ,0 0 0 (Program 21 25,000,000 part o f 50,000,000* 25, 000,000 part o f 50, 000, 000* *50,000,000 lu in exceoo o f 50,000,000 30, 000,000 part o f 50,000,000* 7 ,5 0 0 ,0 0 0 part o f 50, 000, 000* 6 ,2 5 0 ,0 0 0 part o f 50, 000, 000* 6 ,2 5 0 ,0 0 0 part o f 50,000, 000* *50,000,000 la in exccaa o f 100, 000,000 2 5 ,0 0 0 ,0 0 0 exccBB o f 2 5 ,0 0 0 ,0 0 0 (Program 21 10, 000,000 part o f 50, 000, 000* 25, 000,000 part o f 50, 000, 000* l a . jr an FVr l o i A p r i l 1 . 1on J - A p r i l 1, 1913-1 Ap r i 1 1, 193 - A.prll 1, 1984 Apr i 1 1 , i on 3 - A p r i l 1, 1913-1 A p r i l 1, 1983 r Apr i 1 1, 1904 Aj-ri 1 I , 19d 3 - A p r i l 1. 1984 f-{>r i 1 1, 1983 - Ap r i 1 1, 198-1 (lime I Ai Mr esa o f li mi ir.r__ F irst S tate Insurance Co. F ira n a n 'o FVrnd In su r a n c e Great Southw est F ire 1 In a u r a r le Cbnipany N ational C io u a lty In s. Co. I n t e r n a t ic r a l In su r a n c e CD. F ir s t S t a t e In su r a n c e CD. \ rv>Hcy 933597 XLXM02790 XIJ3756 XI000036 522-032-591-7 933590 t>)l Icy 1.1 mita 5 ,0 0 0 ,0 0 0 port o f 50.000,000* *50,000,000 lu In exccuu o f 1.50,000,000 29,000,000 part o f 50,000,000* 2 ,0 0 0 ,0 0 0 p u tt o f 5 0 ,0 0 0 ,OCO* 2 ,0 0 0 ,0 0 0 port o f 50,000,000* 13,000,000 port o f 50,000,000* 4 ,0 0 0 ,0 0 0 part o f 50,000,000* ` 50 ,0 0 0 ,0 0 0 lu In excioa o f 100,000,000 f A KAtSERJgss^---- f KAISER GYPSUM COMPANY I" w ry r v 1 VERIFICATION 2 I, th e undersigned, say: 3 I have read th e foregoing docum ent; to th e e x te n t th a t th e 4 in fo rm atio n s e t fo rth in th e foregoing document is p e rso n ally 5 known..to ..me, th e in fo rm a tio n i s tr u e and c o r r e c t to th e b e s t of 6 my k n o w l e d g e ; t o t h e e x t e n t t h a t t h e i n f o r m a t i o n s e t f o r t h i n t h e 7 f o r e g o i n g d o c u m e n t i s n o t known p e r s o n a l l y t o me b u t i s r e q u i r e d 8 by law to be p ro v id ed in th e s a id re sp o n se s, I b e lie v e th e 9 responses to be c o rre ct; to the ex ten t th a t the responses s ta te 10 l e g a l o b j e c t i o n s o r c o n t a i n l e g a l c o n c l u s i o n s , t h e r e s p o n s e s h a v e 11 b e e n p r e p a r e d b y my a t t o r n e y s b a s e d o n t h e i r w o r k p r o d u c t a n d 12 o t h e r i n f o r m a t i o n know n t o t h e m , a n d a r e n o t w i t h i n my p e r s o n a l 13 know ledge- 14 I d e c la re u n d er p e n a lty o f p e rju ry under th e laws o f th e 15 S t a t e o f C a l i f o r n i a , t h a t t h e f o r e g o i n g i s t r u e a n d c o r r e c t . 16 E x e c u t e d a t _____Oakland_____________ , C a l i f o r n i a t h i s _____ 17 day of August____________ 19 87 . 18 19 20 21 21 2 2' 71 2 < 2; 2: OP 1 GABRIEL A. JACKSON, ESQ. (State Bar No. 98119) PAUL J. GAMBA, ESQ. (State Bar No. 146097) 2 JACKSON & WALLACE LLP 580 California Street, 15th Floor 3 San Francisco, CA 94104 (415) 982-6300 4 Attorneys For Defendant 5 KAISER GYPSUM COMPANY, INC. 6 PARA 'T i ? OTHER --ATTY-- CLASSARLE RECEIVED -- AUG 0 4 iggg B PURC H. Mn JWSi'Q HAND 'VERNIQI 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCOS _ VER1F_________ 10 LDF___________ 11 IN RE: SAN FRANCISCO COUNTY COMPLEX ASBESTOS LITIGATION 12 13 14 No. 828684 TD/TSC------------ KAISER GYPSUM COMPANY, INC.'S FIRST UPDATED RESPONSES TO PLAINTIFFS' STANDARD INTERROGATORIES TO DEFENDANTS 15 16 17 PROPOUNDING PARTY: Plaintiffs 18 RESPONDING PARTY: Defendant KAISER GYPSUM COMPANY, INC. 19 SET: Standard 20 DATE: July 30, 1999 21 COMES NOW defendant KAISER GYPSUM COMPANY, INC. (hereinafter 22 "KAISER GYPSUM") and provides the following First Updated Responses to Plaintiffs' 23 Standard Interrogatories To All Defendants propounded pursuant to San Francisco 24 County Complex Asbestos Litigation General Order No. 129: 25 III 26 III 27 III 28 III l 1 H. No. . 2 RESPONSE TO INTERROGATORY NO. 31: 3 I. Kaiser Gypsum's Business: Gypsum Plaster, Gypsum Lath, and Gypsum Wallboard - No Asbestos Used------------------------------------------------- -------- 4 5 KAISER GYPSUM was organized by Henry J. Kaiser (1882-1967), the famous 6 industrialist and World War II hero, in 1952 and terminated its United States sales and 7 manufacturing in 1978. Between 1952 and 1978, KAISER GYPSUM's principal 8 business consisted of manufacturing and marketing gypsum plaster, gypsum lath and 9 gypsum wallboard. These products never contained asbestos. The word gypsum is 10 derived from the Greek word "gypso," meaning chalk. Gypsum plaster is sometimes 11 called Plaster of Paris. Gypsum occurs in nature in rock form, and is found in abundance 12 in Baja California, Mexico. 13 A. Wallboard Joint Compounds - Asbestos Used As A Component 14 When the walls or ceilings of a room are made from gypsum wallboard, large 15 pieces of wallboard are installed side by side, leaving small spaces where two pieces of 16 wallboard meet. These spaces need to be filled so that they cannot be seen after the wall 17 is painted or covered with wallpaper. The products used to perform that task are called 18 joint compounds or joint finishing compounds. At the time of use, these joints 19 compounds are thick putty or mud-like substances, which permits them to be pushed into 20 the spaces and smoothed with a putty knife or spatula. Paper or cloth reinforcing tape is 21 pushed into the joint compound to help prevent cracking as the joint compound dries. 22 The joint compound dries to form a hard rock-like substance. 23 KAISER GYPSUM manufactured and marketed such wallboard joint compounds, 24 and prior to the mid-1970's, these joint compounds contained a small percentage of 25 chrysotile asbestos as a component. The purpose of the chrysotile asbestos component 26 was to prevent cracks from forming as the joint compound dried. Asbestos is the Greek 27 word for "incombustible," which refers to things that will not bum. Chrysotile is the 28 most common form of asbestos used in products in the United States. Chrysotile is a 10 1 fibrous rock material derived from the rock "serpentine which is very common in 2 California, where it is the "state rock." 3 These KAISER GYPSUM products were: 4 1. Joint Cement/Joint Compound 5 2. Finishing (Topping) Compound 6 3. 3-Purpose Wallboard Compound 7 4. One-Day Joint Compound 8 5. Pre-mix Joint Compound 9 6. Pre-mix Finishing Compound 10 i : Pre-mix Dual Purpose Joint Compound 11 8. Pre-mix Topping Compound 12 9. Laminating Compound 13 KAISER GYPSUM's separate responses to interrogatory subparts (a)-(f) for each 14 of these products are as follows: 15 1. Joint Cement/Joint Compound 16 a. The trade name of this product originally was Kaiser Joint Cement; 17 in about 1957 it was changed to Kaiser Joint Compound. 18 b. KAISER GYPSUM marketed Kaiser Joint Cement in 1952, but did 19 not itself manufacture all of the product sold. KAISER GYPSUM does not know 20 whether the non-manufactured product marketed in 1952 contained asbestos as a 21 component. KAISER GYPSUM began manufacturing Kaiser Joint Cement in 1952 or 22 1953, at which time chrysotile asbestos was used as a component. 23 c. KAISER GYPSUM last manufactured Kaiser Joint Compound 24 with chrysotile asbestos as a component in 1975. 25 d. The KAISER GYPSUM California plants that made this product 26 were located at Redwood City and Antioch. These plants were in operation at different 27 times. The product was manufactured at Redwood City from 1952 or 1953 to 1957 and 28 at Antioch from 1957 to 1975. Because of the heavy weight of the product, low profit 11 1 margin, and high transportation costs, distribution tended to center around the location of 2 the manufacturing plant. The product consisted primarily of minerals including casein or 3 polyvinyl, clay, talc, limestone, and mica. The product manufactured in KAISER 4 GYPSUM's California plants included between 8% by weight and 16% by weight 5 chrysotile asbestos as a component, depending on the formula in effect at a given date. 6 e. This product was a white to off-white powder. It was packaged 7 and sold in sacks of 10 lbs. to 25 lbs., and in boxes of 5 and 18 lbs. Each container was 8 labeled with the name of the manufacturer, KAISER GYPSUM COMPANY, INC., the 9 name of the product, and directions for its use. 10 f. This product was a dry powder which, when mixed with water, 11 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to 12 fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and 13 finish nail heads and metal comerbead. 14 2. Finishing (Topping) Compound 15 a. The trade name of this product was Kaiser Gypsum Finishing 16 (Topping) Compound. 17 b. KAISER GYPSUM began manufacturing Finishing (Topping) 18 Compound in 1955, and chrysotile asbestos was used as a component at that time. 19 c. KAISER GYPSUM last manufactured Finishing (Topping) 20 Compound with chrysotile asbestos as a component in 1975. 21 d. The KAISER GYPSUM California plants that made this product 22 were located at Redwood City and Antioch. These plants were in operation at different 23 times. The product was manufactured at Redwood City from 1955 to 1957 and at 24 Antioch from 1957 to 1975. Because of the heavy weight of the product, low profit 25 margin, and high transportation costs, distribution tended to center around the location of 26 the manufacturing plant. This product consisted primarily of minerals including casein or 27 polyvinyl, clay, talc, limestone, and mica. The product included between 5.3% by weight 28 and 16% by weight chrysotile asbestos as a component, depending on the formula in 12 1 effect at a given time. 2 e. This product was a white to off-white powder. It was packaged 3 and sold in sacks of 25 lbs. Each container was labeled with the name of the 4 manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 5 instructions for its use. 6 f. This product was a dry powder which, when mixed with water, 7 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to 8 top and finish gypsum wallboard joints. 9 3. 3-Purpose Wallboard Compound 10 a. The trade name of this product was Kaiser Gypsum 3-Purpose 11 Wallboard Compound. 12 b. KAISER GYPSUM began manufacturing 3-Purpose Wallboard 13 Compound in 1968, and chrysotile asbestos was used as a component at that time. 14 c. KAISER GYPSUM last manufactured 3-Purpose Wallboard 15 Compound with chrysotile asbestos as a component in 1975. 16 d. The KAISER GYPSUM California plant that made this product 17 was located at Antioch. Because of the heavy weight of this product, low profit margin, 18 and high transportation costs, distribution tended to center around the location of the 19 manufacturing plant. This product consisted primarily of minerals including casein or 20 polyvinyl, clay, talc, limestone, and mica. The product included between 5.1% by weight 21 and 14.2% by weight chrysotile asbestos as a component, depending on the formula in 22 use at the time. 23 e. The product was a white to off-white powder. It was packaged and 24 sold in sacks of 25 lbs. Each sack was labeled with the name of the manufacturer, 25 KAISER GYPSUM COMPANY, INC., the name of the product, and directions for its 26 use. 27 f. This product was a dry powder which, when mixed with water, 28 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to 13 1 tape, top and finish gypsum wallboard joints, nailheads, and metal comerbead. 2 4. One-Dav Joint Compound 3 a. The trade name of this product was Kaiser Gypsum One-Day Joint 4 Compound Powder. 5 b. KAISER GYPSUM last manufactured One Day Joint Compound 6 Powder in 1968, and chrysotile asbestos was used as a component at that time. 7 c. KAISER GYPSUM last manufactured One Day Joint Compound 8 Powder with chrysotile asbestos as a component in 1975. 9 d. The KAISER GYPSUM California plants that made this product 10 were located at Santa Ana and Antioch. Because of the heavy weight of the product, low 11 profit margin, and high transportation costs, distribution tended to center around the 12 location of the manufacturing plant. The product consisted primarily of casein limestone, 13 and mica. The product included 3.4% by weight chrysotile asbestos as a component. 14 e. This product was a white to off-white powder. It was packaged 15 and sold in sacks of 25 lbs. Each sack was labeled with the name of the manufacturer, 16 KAISER GYPSUM COMPANY, INC., the name of the product, and directions for its 17 use. 18 f. This product was a dry powder which, when mixed with water, 19 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to 20 fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and 21 finish nailhead and metal comerbead. 22 5. Pre-Mix Joint Compound 23 a. The trade name of this product was Kaiser Gypsum Pre-Mix Joint 24 Compound. 25 b. KAISER GYPSUM began manufacturing Pre-Mix Joint 26 Compound in 1959, and chrysotile asbestos was used as a component at that time. 27 c. KAISER GYPSUM last manufactured Pre-Mix Joint Compound 28 with chrysotile asbestos as a component in 1962. 14 1 d. The KAISER GYPSUM California plant that made this product 2 was located at Long Beach. Because of the heavy weight of the product, low profit 3 margin, and high transportation cost, distribution tended to center around the location of 4 the manufacturing plant. This product consisted primarily of minerals including casein or 5 polyvinyl, clay, talc, limestone, and mica. The product included chrysotile asbestos as a 6 component. The percentage presently is unknown. Investigation is continuing. 7 e. This product was a white to off-white colored paste. It was 8 packaged and sold in cans of 4 or 5 gallons and in cartons of 5 gallons. Each container 9 was labeled with the name of the manufacturer, KAISER GYPSUM COMPANY, INC., 10 the name of the product, and directions for its use. 11 f. This product was a thick paste-like material which, upon 12 application, dried to a hard, durable surface. It was used to fill gypsum wallboard joints, 13 embed joint reinforcing tape, finish joints, and to cover and finish nailheads and 14 comerbead. 15 6. Pre-Mix Finishing Compound 16 a. The trade name of this product was Kaiser Gypsum Pre-Mix 17 Finishing Compound. 18 b. KAISER GYPSUM began manufacturing Pre-Mix Finishing 19 Compound in 1959, and chrysotile asbestos was used as a component at that time. 20 c. KAISER GYPSUM last manufactured Pre-Mix Finishing 21 Compound with chrysotile asbestos as a component in 1962. 22 d. The KAISER GYPSUM California plant that made this product 23 was located at Long Beach. Because of the heavy weight of this product, low profit 24 margin, and high transportation cost, distribution tended to center around the location of 25 the manufacturing plant. This product consisted primarily of minerals including casein or 26 polyvinyl, clay, talc, limestone, and mica. The product included chrysotile asbestos as a 27 component. The percentage presently is unknown. Investigation is continuing. 28 e. This product was a white to off-white colored paste. It was 15 1 packaged and sold in cans of 4 or 5 gallons and in cartons of 5 gallons. Each container 2 was labeled with the name of the manufacturer, KAISER GYPSUM COMPANY, INC., 3 the name of the product, and directions for its use. 4 g. This product was a thick paste-like material which, upon 5 application, dried to a hard, durable surface. It was used to finish gypsum wallboard 6 joints and to cover and finish nailheads and comerbead. 7 7. Pre-Mix Dual Purpose Joint Compound 8 a. The trade name of this product was Kaiser Gypsum Pre-Mix Dual 9 Purpose Joint Compound. 10 b. KAISER GYPSUM began manufacturing Pre-Mix Dual Purpose 11 Joint Compound in 1960, and chrysotile asbestos was used as a component at that time. 12 c. KAISER GYPSUM stopped manufacturing Pre-Mix Dual Purpose 13 Joint Compound with chrysotile asbestos as a component in 1975. 14 d. The KAISER GYPSUM California plants that made this product 15 were located at Long Beach, Antioch and Santa Ana. Because of the heavy weight of the 16 product, low profit margin, and high transportation costs, distribution tended to center 17 around the location of the manufacturing plant. This product consisted primarily of 18 minerals including polyvinyl, clay, talc, limestone, and mica. The product included 19 between 1.5% by weight and 6% by weight chrysotile asbestos as a component, 20 depending on the formula in effect at a given date. 21 e. This product was a white to off-white or light buff-colored paste. 22 It was packaged and sold in 5-gallon cans or plastic pails, and 4 or 5-gallon cartons. 23 Beginning in 1966, small amounts were sold in 5-quart plastic buckets as an 24 accommodation product for lumber dealers under the name 3-Purpose Premix 25 Compound. Each container was labeled with the name of the manufacturer, KAISER 26 GYPSUM COMPANY, INC., the name of the product, and directions for its use. 27 f. This product was a thick paste-like material which, upon 28 application, dried to a hard, durable surface. It was used to finish gypsum wallboard 16 1 joints, embed joint reinforcing tape, finish joints, and to cover and finish nailheads and 2 metal comerbead. 3 8. Pre-Mix Toppin2 Compound 4 a. The trade name of this product was Kaiser Gypsum Pre-Mix 5 Topping Compound. 6 b. KAISER GYPSUM began manufacturing Pre-Mix Topping 7 Compound in 1968, and chrysotile asbestos was used as a component at that time. 8 c. KAISER GYPSUM last manufactured Pre-Mix Topping 9 Compound with chrysotile asbestos as a component in 1976. 10 d. The KAISER GYPSUM California plants that made this product 11 were located at Santa Ana and Antioch. Because of the heavy weight of the product, low 12 profit margin, and high transportation costs, distribution tended to center around the 13 location of the manufacturing plant. This product consisted primarily of minerals 14 including casein or polyvinyl, clay, talc, limestone, and mica. The product included 15 between 0.9% by weight and 2% by weight chrysotile asbestos as a component, 16 depending on the formula in effect at a given date. 17 e. This product was a white to off-white or light buff-colored paste. 18 It was packaged and sold in metal and plastic buckets of 4 or 5-gallons and in cartons of 4 19 gallons. Each container was labeled with the name of the manufacturer, KAISER 20 GYPSUM COMPANY, INC., the name of the product, and directions for its use. 21 f. This product was a thick paste-like material which, upon 22 application, dried to a hard, durable surface. It was used to top and finish gypsum 23 wallboard joints. 24 9. Laminating Compound 25 a. The trade name of this product was Kaiser Gypsum Laminating 26 Compound. 27 b. KAISER GYPSUM began manufacturing Laminating Compound 28 in 1961, at which time chrysotile asbestos was used as a component. 17 ri,, rrv>o*--- 1 c. KAISER GYPSUM last manufactured Kaiser Gypsum Laminating 2 Compound with chrysotile asbestos as a component in 1972, at which time the product 3 was discontinued. 4 d. The KAISER GYPSUM California plants that made this product 5 were located at Antioch and Santa Ana. These plants were in operation at different times. 6 The product was manufactured at Antioch from 1961 through 1970 and at Santa Ana in 7 1971 and 1972. Because of the heavy weight of the product, low profit margin, and high 8 transportation costs, distribution tended to center around the location of the 9 manufacturing plant. The product consisted primarily of soya flour, and limestone. The 10 product included between 6.5% by weight and 10% by weight chrysotile asbestos as a 11 component, depending upon the formula in effect at a given date. 12 e. This product was a white to off-white powder. It was packaged 13 and sold in sacks of 25 lbs. Each container was labeled with the name of the 14 manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 15 directions for its use. 16 f. This product was a dry powder, which, when mixed with water, 17 formed a thick paste. It was used as an adhesive to laminate one piece of gypsum 18 wallboard to another, which was occasionally done to create gypsum drywall partitions 19 having thicker wallboard than could be created by a single sheet. 20 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 21 the eight wallboard joint compound products discussed above are as follows: 22 g. KAISER GYPSUM is unsure as to the intended meaning of "The 23 U.S. Government's 'Qualified Products List'," but has no knowledge that any of its 24 wallboard joint compound products ever appeared on such a list. 25 h. KAISER GYPSUM is aware of the following suppliers of 26 chrysotile asbestos: 27 Harrison & Crosfield Carmonia Chemical Co. 28 Western Chemical Co. 18 1 Philip Carey Corp. (Carey Canadian Asbestos) Johns-Manville 2 Union Carbide Corp. E.S. Browning 3 4 Current addresses, if any, are not known to KAISER GYPSUM. Most of the 5 specific time periods during which these firms supplied asbestos are unknown. 6 i. (1 - 3) KAISER GYPSUM sold such products to customers consisting 7 largely of building contractors or building materials dealers. 8 KAISER GYPSUM has some retained sales orders and sales invoices for some 9 years which identify the purchasers of KAISER GYPSUM products, the dates of sale, the 10 amount of each product sold and, in some cases, the sites to which the products were to 11 be delivered. Sales orders and invoices are not organized by type of product (and often 12 individual documents cover sales of multiple products). KAISER GYPSUM has 13 previously made available to plaintiffs attorneys its retained sales records covering sales 14 to customers in the Geographic Area. 15 j. KAISER GYPSUM has previously made available to plaintiffs 16 attorneys responsive documents sufficient to substantiate the above information. 17 KAISER GYPSUM regards and maintains its product formulas as confidential business 18 information. Incidental to the sale of production facilities in which asbestos-containing 19 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 20 intangible property rights, and other confidential and proprietary business infonnation, 21 and assumed obligations to maintain their confidentiality. 22 B. Decorative Texture Finishes For Interior Walls Or Ceilings - Asbestos Used As A Component_____________________________ _____________ 23 24 Drywall partitions or walls made from gypsum wallboard are sometimes 25 decorated with wall covering or wallpaper that is fixed to the wall by an adhesive or glue. 26 On other occasions, such walls are finished by painting them. There are many varieties 27 of paint, including some that are intended to create a textured surface (rather than a 28 smooth surface). KAISER GYPSUM manufactured and marketed several texture paint Tr n, C .T rt T 19 D o m r v n i'c .c trs P la in tiffe' + T n tO T T A f r 'it- n r ia i' P i r. A ^ ~ i-- 1 products that, during certain years, used chrysotile asbestos as one of numerous 2 components. Drywall ceilings are sometimes finished with decorative products, as are 3 the cement slab ceilings found in some high-rise buildings. KAISER GYPSUM also 4 manufactured and marketed decorative texture products for use on such interior ceilings 5 that, during certain years, used chrysotile asbestos as one of numerous components. The 6 KAISER GYPSUM decorative wall and ceiling texture products were: 7 1. Cover-Tex Texture Paint 8 2. Spray-Tex or Spray Cover-Tex Texture Paint 9 3. Kaiser-Tex Texture Paint 10 4. Cover-Tex (TSS) Wall Texture 11 5. K-Spray Ceiling Texture 12 KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each of these 13 products are as follows: 14 1. Cover-Tex Texture Paint 15 a. The trade name of this product was Cover-Tex Texture Paint. 16 b. KAISER GYPSUM marketed Cover-Tex Texture Paint in 1952, 17 but it did not itself manufacture all of the product sold. KAISER GYPSUM does not 18 know whether the non-manufactured product marketed in 1952 contained asbestos. 19. KAISER GYPSUM began manufacturing this product in 1953, at which time chrysotile 20 asbestos was used as a component. 21 c. KAISER GYPSUM last manufactured Cover-Tex Texture Paint 22 with chrysotile asbestos as a component in 1967, when the product was discontinued. 23 d. The KAISER GYPSUM California plants that made this product 24 were located in Redwood City and Antioch. These plants were in operation at different 25 times. The product was manufactured at Redwood City from 1953 through 1957 and at 26 the Antioch plant from 1957 through 1967. Because of the heavy weight of the product, 27 low profit margin, and high transportation costs, distribution tended to center around the 28 location of the manufacturing plant. The product consisted primarily of casein, 20 1 limestone, and mica. The product included between 4,4% by weight and 8.6% by weight 2 chrysotile asbestos as a component, depending upon the formula in effect at a given date. 3 e. This product was a white to off-white powder. It was packaged 4 and sold in sacks of 25 lbs. and of 50 lbs. Each container was labeled with the name of 5 the manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 6 directions for its use. 7 f. This product was a dry powder which, when mixed with water 8 formed a texture paint. It was used to produce texture effects over gypsum wallboard 9 surfaces. . 10 2. Sprav-Tex Or Sprav Cover-Tex Texture Paint 11 a. The initial trade name of this product was Spray-Tex. It was later 12 changed to Spray Cover-Tex Texture Paint. 13 b. KAISER GYPSUM last manufactured Spray Cover-Tex Texture 14 Paint with chrysotile asbestos as a component in 1967, when the product was 15 discontinued. 16 d. The KAISER GYPSUM California plants that made this product 17 were located in Redwood City and Antioch. These plants were in operation at different 18 times. The product was manufactured at Redwood City from 1956 through 1957 and at 19 the Antioch plant from 1957 through 1967. Because of the heavy weight of the product, 20 low profit margin, and high transportation costs, distribution tended to center around the 21 location of the manufacturing plant. The product consisted primarily of casein, 22 limestone, and mica. The product included between 6.6% by weight and 36.6% by 23 weight chrysotile asbestos as a component, depending upon the formula in effect at a 24 given date. 25 e. This product was a white to off-white powder. However, some 26 colored versions of the product were offered. It was packaged and sold in sacks of 25 lbs. 27 and of 50 lbs. Each container was labeled with the name of the manufacturer, KAISER 28 GYPSUM COMPANY, INC., the name of the product, and directions for its use. 21 1 f. This product was a dry powder .which, when mixed with water, 2 formed a texture paint that was used to produce texture effects over gypsum wallboard 3 surfaces. 4 3. Kaiser-Tex Texture Paint 5 a. The trade name of this product was Kaiser-Tex Texture Paint. 6 b. KAISER GYPSUM marketed Kaiser-Tex Texture Paint in 1952, 7 but it did not itself manufacture all of the product sold. KAISER GYPSUM does not 8 know whether the non-manufactured product marketed in 1952 contained asbestos. 9 KAISER GYPSUM began manufacturing this product in 1952 or 1953, at which time 10 chrysotile asbestos was used as a component. 11 c. KAISER GYPSUM last manufactured Kaiser-Tex texture paint 12 with chrysotile asbestos as a component in 1967, when the product was discontinued. 13 d. The KAISER GYPSUM California plants that made this product 14 were located in Redwood City and Antioch. These plants were in operation at different 15 times. The product was manufactured at Redwood City from 1952 or 1953 through 1957 16 and at the Antioch plant from 1957 through 1967. Because of the heavy weight of the 17 product, low profit margin, and high transportation costs, distribution tended to center 18 around the location of the manufacturing plant. The product consisted primarily of 19 casein, limestone, and mica. The product included between 4.0% by weight and 8.0% by 20 weight chrysotile asbestos as a component, depending upon the formula in effect at a 21 given date. 22 e. This product was a white to off-white powder; however, some 23 colored paints were sold. It was packaged and sold in sacks of 10 lbs. and of 25 lbs. 24 Each container was labeled with the name of the manufacturer, KAISER GYPSUM 25 COMPANY, INC., the name of the product, and directions for its use. 26 f. This product was a dry powder which, when mixed with water, 27 formed a texture paint. It was used to produce texture effects over gypsum wallboard 28 surfaces. 22 1 4. Cover-Tex fTSS^ Wall Texture 2 a. The trade name of this product was Kaiser Gypsum Cover-Tex 3 (TSS) Wall Texture Paint. 4 b. KAISER GYPSUM began manufacturing Cover-Tex Wall Texture 5 in 1968, at which time chrysotile asbestos was used as a component. 6 c. KAISER GYPSUM last manufactured Cover-Tex Wall Texture 7 with chrysotile asbestos as a component in 1975. 8 d. The KAISER GYPSUM California plants that manufactured this 9 product were Santa Ana and Antioch. The product was manufactured at Santa Ana from 10 1968 through 1975 and at the Antioch plant from 1968 through 1975. Because of the 11 heavy weight of the product, low profit margin, and high transportation costs, distribution 12 tended to center around the location of the manufacturing plant. The product consisted 13 primarily of casein, limestone, and mica. The product included between 4.2% by weight 14 and 8.7% by weight chrysotile asbestos as a component, depending upon the formula in 15 effect at a given date. 16 e. The product was a white to off-white powder. It was packaged and 17 sold in 50 lb. sacks. Each container was labeled with the name of the manufacturer, 18 KAISER GYPSUM COMPANY, INC., the name of the product, and directions for its 19 use. 20 f. This was a dry powder which, when mixed with water, formed a 21 paint-like product designed for hand or spray application. When dry, it produced a hard, 22 durable surface. It was used to produce texture effects over gypsum wallboard surfaces. 23 5. K-Sprav Ceiling Texture 24 a. The trade name of this product was Kaiser Gypsum K-Spray 25 Ceiling Texture. 26 b. KAISER GYPSUM began manufacturing K-Spray Ceiling Texture 27 in 1961, at which time chrysotile asbestos was used as a component. 28 c. KAISER GYPSUM last manufactured K-Spray Ceiling Texture 23 1 with chrysotile asbestos as a component in 1975. , 2 d. The KAISER GYPSUM California plants that manufactured this 3 product were Santa Ana and Antioch. The product was manufactured at Santa Ana from 4 1973 through 1975 and at the Antioch plant from 1961 through 1971. Because of the 5 heavy weight of the product, low profit margin, and high transportation costs, distribution 6 tended to center around the location of the manufacturing plant. The product consisted 7 primarily of casein, limestone, and mica. The product included between 1.3% by weight 8 and 9.9% by weight chrysotile asbestos as a component, depending upon the formula in 9 effect at a given date. . 10 e. The product was a white powder with either a mineral or 11 polystyrene aggregate. It was packaged and sold in 32 lb. sacks. Each container was 12 labeled with the name of the manufacturer, KAISER GYPSUM COMPANY, INC., the 13 name of the product, and directions for its use. 14 f. This was a dry powder which, when mixed with water, formed a 15 paint-like product designed for spray application. When dry, it produced a hard, durable 16 surface. It was used to produce texture effects over gypsum wallboard or interior 17 concrete ceilings. 18 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 19 the five decorative texture products discussed above are as follows: 20 g. KAISER GYPSUM is unsure as to the intended meaning of "The 21 U.S. Government's 'Qualified Products List,'" but has no knowledge that any of its 22 decorative texture products ever appeared on such a list. 23 h. KAISER GYPSUM is aware of the following suppliers of 24 chrysotile asbestos: 25 Harrison & Crosfield Carmonia Chemical Co. 26 Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) 27 Johns-Manville Union Carbide Corp. 28 E.S. Browning 24 1 Current addresses, if any, are not known to KAISER GYPSUM. Most of the 2 specific time periods during which these firms supplied asbestos are unknown. 3 i. (1 - 3) KAISER GYPSUM sold such products to customers consisting 4 largely of building contractors or building materials dealers. 5 KAISER GYPSUM has some retained sales orders and sales invoices for some 6 years which identify the purchasers of KAISER GYPSUM products, the dates of the 7 sales, the amount of each product sold, and, in some cases, the sites to which the products 8 were to be delivered. Sales orders and invoices are not organized by type of product (and 9 often individual documents cover sales of multiple products). KAISER GYPSUM has 10 previously made available for inspection its retained sales records covering sales to 11 customers in the Geographic Area. 12 j . KAISER GYPSUM has made available for inspection to plaintiffs' 13 attorneys responsive documents sufficient to substantiate the above information. 14 KAISER GYPSUM regards and maintains its product formulas as confidential business 15 information. Incidental to the sale of production facilities in which asbestos-containing 16 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 17 intangible property rights, and other confidential and proprietary business information, 18 and assumed obligations to maintain their confidentiality. 19 C. Electric Radiant Heath System Finishing Products - Asbestos Used As A Component______________________________ _______________ _____ 20 21 In areas where electricity was expected to be particularly inexpensive, some 22 houses and apartments were constructed with electric radiant heating systems. In some 23 such radiant heating systems, grooves were cut in gypsum wallboard ceilings and 24 electrical heating cables secured in the grooves. The groove-cracks were then filled and 25 the ceiling covered with a decorative finish. In other systems, electric heating wires were 26 stapled to the surface of wallboard. Then the ceiling was covered with a thick decorative 27 finish that would conceal the heating wires. KAISER GYPSUM made several products 28 for finishing such systems, and these products used chrysotile asbestos as one of 25 1 numerous components. These KAISER GYPSUM products were: 2 1. Filler Compound 3 2. Radiant Heat Compound 4 3. Radiant Heath Scrimless Surfacing Compound 5 KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each of these 6 products are as follows: 7 1. Filler Compound 8 a. The trade name of this product was Kaiser Gypsum Filler 9 Compound. . 10 b. KAISER GYPSUM began manufacturing Filler Compound in 11 1961, at which time chrysotile asbestos was used as a component. 12 c. KAISER GYPSUM last manufactured Filler Compound with 13 chrysotile asbestos as a component in 1972, when the product was discontinued. 14 d. The KAISER GYPSUM California plant that made this product 15 was located at Antioch. It manufactured Filler Compound from 1961 to 1970. Because 16 of the heavy weight of the product, the low profit, margin and high transportation costs, 17 distribution tended to center around the location of the manufacturing plant. The product 18 consisted primarily of minerals including limestone, and mica. The product used 19 chrysotile asbestos as a component in its formula, but the amount of asbestos called for in 20 the formula used to manufacture the product at the Antioch plant is uncertain. 21 Investigation is continuing. 22 e. This product was a white to off-white powder. It was packaged 23 and sold in sacks of 50 lbs. Each container was labeled which contained the name of the 24 manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 25 directions for its use. 26 f. This product was a dry powder, which, when mixed with water, 27 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to 28 cover Radiant Heating System ceiling surfaces. 26 1 2. Radiant Heat Compound 2 a. The trade name of this product was Kaiser Gypsum Radiant Heat 3 Compound. 4 b. KAISER GYPSUM began manufacturing this product in 1968, at 5 which time chrysotile asbestos was used as a component. 6 c. KAISER GYPSUM last manufactured Radiant Heat Compound 7 with chrysotile asbestos as a component in 1974, when the product was discontinued. 8 d. The KAISER GYPSUM California plant that made this product 9 was located in Santa Ana, where it was manufactured from 1968 through 1974. Because 10 of the heavy weight of the product, the low profit margin, and high transportation costs, 11 distribution tended to center around the location of the manufacturing plant. The product 12 consisted primarily of sand and white portland cement. The product included between 13 3.3% by weight and 3.6% by weight chrysotile asbestos as a component. 14 e. This product was a white to off-white powder. It was packaged 15 and sold in sacks of 60 lbs. Each container was labeled with the name of the 16 manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 17 directions for its use. 18 f. This product was a dry powder, which, when mixed with water, 19 formed a thick paste that was used to cover radiant heating cables stapled to ceiling 20 surfaces. 21 3. Radiant Heat Scrimless Surfacing Compound 22 a. The trade name of this product was Kaiser Gypsum Radiant Heat 23 Scrimless Surfacing Compound. 24 b. KAISER GYPSUM began manufacturing this product in 25 California in 1972, at which time chrysotile asbestos was used as a component. 26 c. KAISER GYPSUM last manufactured Radiant Heat Scrimless 27 Surfacing Compound with chrysotile asbestos as a component in 1974, when the product 28 was discontinued. 27 1 d. The KAISER GYPSUM California plant that made this product 2 was located in Santa Ana, where it was manufactured from 1972. Because of the heavy 3 weight of the product, the low profit, margin and high transportation costs, distribution 4 tended to center around the location of the manufacturing plant. The product consisted 5 primarily of sand, silica, flour, and mica. The product included 5% by weight chrysotile 6 asbestos as a component. 7 e. This product was a greenish powder. It was packaged and sold in 8 sacks of 25 lbs. and in sacks of 50 lbs. Each container was labeled with the name of the 9 manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 10 directions for its use. 11 f. This product was a dry powder, which, when mixed with water, 12 formed a thick paste that was used to cover radiant heating cables embedded in ceiling 13 surfaces. 14 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 15 the three radiant heating system surfacing products discussed above are as follows: 16 g. KAISER GYPSUM is unsure as to the intended meaning of "The 17 U.S. Government's 'Qualified Products List,"' but has no knowledge that any of its radiant 18 heating system surfacing products ever appeared on such a list. 19 h. KAISER GYPSUM is aware of the following suppliers of 20 asbestos: 21 Harrison & Crosfield Carmonia Chemical Co. 22 Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) 23 Johns-Manville Union Carbide Corp. 24 E.S. Browning 25 Current addresses, if any, are not known to KAISER GYPSUM. Most of the 26 specific time periods during which these firms supplied asbestos are unknown. . 27 i. (1 - 3) KAISER GYPSUM sold such products to customers consisting 28 largely of building contractors or building materials dealers. 28 1 KAISER GYPSUM has some retained sales orders and sales invoices for some 2 years which identify the purchasers of KAISER GYPSUM products, the dates of the 3 sales, the amount of each product sold, and, in some cases, the sites to which the products 4 were to be delivered. Sales orders and invoices are not organized by type of product (and 5 often individual documents cover sales of multiple products). KAISER GYPSUM has 6 previously made available to plaintiffs attorneys its retained sales records covering sales 7 to customers in the Geographic Area. 8 j. KAISER GYPSUM has previously made available to plaintiffs 9 attorneys responsive documents sufficient to substantiate the above information. 10 KAISER GYPSUM regards and maintains its product formulas as confidential business 11 information. Incidental to the sale of production facilities in which asbestos-containing 12 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 13 intangible property rights, and other confidential and proprietary business information, 14 and assumed obligations to maintain their confidentiality. 15 D. Gypsum Wallboard Accessories For Exterior Use - Asbestos Used As A Component_____________________ _____________________ ______ 16 17 KAISER GYPSUM experimented with gypsum wallboard products for use on the 18 exterior surfaces of buildings, but those products proved unsuccessful. KAISER 19 GYPSUM never discovered a way for them to be manufactured that would allow them to 20 effectively withstand the wide variety of weather and temperature conditions that exterior 21 products confront. Those exterior gypsum products were marketed in several test areas 22 and, as in the case of interior gypsum drywall products, required the use of materials to 23 fill the spaces between pieces of gypsum wallboard and to provide a decorative finish. 24 KAISER GYPSUM offered products for those purposes whose components included 25 small percentages of chrysotile asbestos. These products were: 26 1. X-Terior Premix Prefill Compound 27 2. X-Terior Premix Wall Texture Compound 28 KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each of these 29 1 products are as follows: . 2 1. X-Terior Premix Preflll Compound 3 a. The trade name of this product was Kaiser Gypsum X-Terior 4 Premix Prefill Compound. 5 b. &c. KAISER GYPSUM began and ceased marketing this product 6 during 1975. Chrysotile asbestos was used as a component for the brief period during 7 which this product was manufactured. 8 d. The KAISER GYPSUM California plant that made this product 9 was located at Antioch..The product was marketed in a limited market area where 10 exterior gypsum wallboard was being sold on a test basis. Kaiser Gypsum X-Terior 11 Premix Prefill Compound was made primarily of raw gypsum, PVA emulsion, and mica. 12 The product included 1.5% by weight chrysotile asbestos as a component. 13 e. This product was a white to off-white paste. It was packaged and 14 sold in metal cans and plastic buckets of 60 lbs., and in cartons of 48 lbs. and 60 lbs. 15 Each container was labeled with the name of the manufacturer, KAISER GYPSUM 16 COMPANY, INC., the name of the product, and directions for its use. 17 f. This product was a paste that was used to pre-fill joints in gypsum 18 wallboard installed on building exteriors. 19 2. X-Terior Premix Wall Texture Compound 20 a. The trade name of this product was Kaiser Gypsum X-Terior 21 Premix Wall Texture Compound. 22 b. &c. KAISER GYPSUM began and ceased marketing this product 23 during 1975. Chrysotile asbestos was used as a component for the brief period during 24 which this product was manufactured. 25 d. The KAISER GYPSUM California plant that made this product 26 was located at Antioch. The product consisted primarily of limestone, acrylic emulsion, 27 and mica. The product included 1.5% by weight chrysotile asbestos as a component. 28 e. The product was a white to off-white paste. It was packaged and 30 1 sold in 58 lb. metal cans, plastic buckets and cartons. Each container was labeled with 2 the name of the manufacturer, KAISER GYPSUM COMPANY, INC., the name of the 3 product, and directions for its use. 4 f. This product was a white to off-white paste that was used to 5 provide surface texture to gypsum wallboard on building exteriors. 6 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to the 7 two exterior finishing products discussed above are as follows: 8 g. KAISER GYPSUM is unsure as to the intended meaning of "The 9 U.S. Government's 'Qualified Products List,"' but has no knowledge that any of its 10 exterior finishing products ever appeared on such a list. 11 h. KAISER GYPSUM is aware of the following suppliers of 12 chrysotile asbestos: 13 Harrison & Crosfield Carmonia Chemical Co. 14 Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) 15 Johns-Manville Union Carbide Corp. 16 E.S. Browning 17 Current addresses, if any, are not known to KAISER GYPSUM. Most of the 18 specific time periods during which these firms supplied asbestos are unknown. 19 i. (1 - 3): KAISER GYPSUM sold such products to customers consisting 20 largely of building contractors or building materials dealers. 21 KAISER GYPSUM has some retained sales orders and sales invoices for some 22 years which identify the purchasers of KAISER GYPSUM products, the dates of the 23 sales, the amount of each product sold, and, in some cases, the sites to which the products 24 were to be delivered. Sales orders and invoices are not organized by type of product (and 25 often individual documents cover sales of multiple products). KAISER GYPSUM has 26 previously made available to plaintiffs attorneys its retained sales records covering sales 27 to customers in the Geographic Area. 28 j. KAISER GYPSUM has previously made available to plaintiffs 31 1 attorneys responsive documents sufficient to substantiate the above information. 2 KAISER GYPSUM regards and maintains its product formulas as confidential business 3 information. Incidental to the sale of production facilities in which asbestos-containing 4 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 5 intangible property rights, and other confidential and proprietary business information, 6 and assumed obligations to maintain their confidentiality. Consistent with those property 7 rights and obligations, KAISER GYPSUM is prepared to produce the formulas for 8 asbestos-containing products marketed in the Geographic Area under a confidentiality 9 agreement. . 10 II. Products Made At Kaiser Gypsum's Oregon Plant 11 From 1956 to 1978, KAISER GYPSUM owned and operated a plant located at St. 12 Helens, Oregon whose basic capability was to make building construction products by 13 compressing wood fibers extracted from wood chips to make various types of sheets and 14 boards used in constructing buildings. 15 The overwhelming majority of the products KAISER GYPSUM made at its 16 Oregon plant were sold with the trademark "Firtex." No product sold under this trade 17 name ever used asbestos as a component. 18 Firtex products also included materials intended for use on ceilings. One type 19 was tiles that could be glued or tacked to ceilings to reduce noise. Another group of such 20 products was used in suspended ceilings. KAISER GYPSUM found that the 21 manufacturing machinery at its St. Helens, Oregon plant could be used to make ceiling 22 tiles and lay-in boards for suspended ceilings with various types of mineral wool as the 23 principal component (instead of wood chips). KAISER GYPSUM marketed such "Kaiser 24 Gypsum Mineral Fibreboard" products for many years. KAISER GYPSUM never used 25 asbestos as a component in any of its 1-hour fire-rated products. 26 A. Two-Hour Fire-Rated Mineral Fiberboard, Underwriters' Laboratories. Inc. Design - Asbestos Used As A Component 27 28 Fire code officials came to insist that in some types of buildings ceiling tiles or 32 1 This product included 1.6% by weight chrysotile asbestos as a component. 2 e. This product consisted of ceiling tiles and lay-in boards with face 3 side white or colored, and with a perforated or fissured design for acoustical treatment. 4 The tiles were 5/8" by 12" by 12." The lay-in boards came in various sizes, the most 5 common being 1/2" or 5/8" by 24" by 24" and 1/2" or 5/8" by 24" by 48." They were 6 packaged and sold in boxes of various quantities. The boxes contained the name of the 7 manufacturer, KAISER GYPSUM Company, Inc., the name of the product, and other 8 printed material. KAISER GYPSUM's 2-hour fire-rated ceiling tiles and suspended 9 ceiling lay-in board products (in which chrysotile asbestos was used as a component) 10 were required to be specially marked because they looked similar to other KAISER 11 GYPSUM mineral fiberboard ceiling tiles and lay-in boards (that did not contain asbestos 12 as a component) and building inspectors wanted to be able to check to make sure that 13 products with a 2-hour fire resistance classification actually were being used by the 14 building contractor when those had been specified. It is believed that 2-hour fire-rated 15 ceiling tile and suspended ceiling lay-in board were stamped on the back with either the 16 initial "KG" or the word "KAISER GYPSUM." It is believed that this marking was 17 employed during the entire period that the 2-hour fire-rated products were manufactured 18 by KAISER GYPSUM. 19 f. This product was used for acoustical ceiling tile and suspended 20 lay-in board in circumstances where a 2-hour fire resistance classification was specified. 21 g. KAISER GYPSUM is unsure as to the intended meaning of "The 22 U.S. Government's 'Qualified Products List,"' but has no knowledge that any of its 2-hour 23 fire-rated mineral fiberboard products ever appeared on such a list. 24 h. KAISER GYPSUM is aware of the following suppliers of 25 chrysotile asbestos to its St. Helens' Plant: 26 Loomis Chemical Co. Benson Chemical Co. 27 28 Current addresses, if any, are not known to KAISER GYPSUM. Most of the 34 1 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF WASHINGTON fo r king co un ty 10 11 PICKNER and -riLKNER, a mamed couple, EVELYN I.) ) 12 Plaintiffs, ) ) 13. V. ) ) 14 OWENS CORNING, et al., ) ) 15 Defendant. ) ) 16 No: 98-2-09390-1 SEA . KAISER GYPSUM COMPANY INC '<? TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REOUEST EQE^RQDUCTION OF 17 PROPOUNDING PARTY: SYLVIN W. PICKNER and EVELYN I. PICKNER 18 RESPONDING PARTY: KAISER GYPSUM COMPANY, INC. 19 PRELIMINARY STATFMPMt 20 No single person associated with Kaiser Gypsum has the knowledge necessary to supply every 21 answer to these interrogatories and request for production, and a number of individuals who might have 22 had personal imowledge of the matters addressed by these interrogatories are either deceased or no 23 longer employees of Kaiser Gypsum. 4 :5 KAiSER GYPSUM COMPANY INC PPCdomccc TO PLAINTIFFS' FIRST SET OF ORIGIN/ INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS ' WnKams, Kstner & Gibbs PLLC Tu>o Union Square, Suite 4100 Mail Address: P .O .B ox 21926 Seattle. Wnshinoinn OSn 1 Further, Kaiser Gypsum objects to these interrogatories on the grounds that they are vague, 2 ambiguous, overbroad as to time, scope, products and location not in issue, and seek information not1 3 relevant to the issues in this lawsuit. 4 Without waiving said objections and in the interest of full disclosure, Kaiser Gypsum responds ! 5 solely with regard to its Seattle facility and with regard to products identified by plaintiff. ; 6 Kaiser Gypsum continues its ongoing investigation to locate information regarding the subject' 7 matter of these interrogatories and reserves its right to supplement these interrogatory responses as may 8 be necessary, if and when, such further information becomes available. c INTERROGATORY NO 1- . 10 State your full legal name, date of incorporation, principle place of business and whether you are a private or public corporation. ' ; 11 RESPONSE: 12 Kaiser Gypsum Company, Inc. was incorporated on December 1, 1952 in the State of 13 Washington. Its principal place of business is Pleasanton, California, and it is a privately held 14 corporation. 15 INTERROGATORY NO. 2: : 16 For each year between 1950 and 1978, identify your officers and directors. 17 RESPONSE: 18 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, burdensome, 19 ambiguous, and overbroad, as it contains years when Kaiser Gypsum was not doing business, and thus 20 it is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving saic 21 objections, Kaiser Gypsum responds: see Exhibit A attached hereto. 22 INTERROGATORY NO. 3: 23 Please relate your corporate history from 1948 to the present, including, but not limited to, any 24 mergers, acquisitions, name changes or re-incorporations or secession of business operations. 25 RESPONSE: KAISER GYPSUM COMPANY, IN C .'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 2 Williams, K stner & Gibbs PLLC Two Union Square, Suite 41GO Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 1 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and 2 overbroad, as it contains years when Kaiser Gypsum was not doing business, and thus it is not 3 reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objections, 4 Kaiser Gypsum responds: 5 Kaiser Gypsum was organized and incorporated in 1952. On June 19, 1952, Permanente Cement 6 Company (later known as Kaiser Cement Corporation) formed a wholly owned subsidiary named Kaiser 7 Gypsum Company. On December 1, 1952, Kaiser Gypsum Company was merged with Pacific Coast 8 Cement Company, a Washington corporation and another subsidiary of Permanente Cement Company. 9 At the time or me merger, Pacific Coast Cement Company had no assets or operations. The niunc ui 10 the combined company was then changed to Kaiser Gypsum Company, Inc. In 1978, Kaiser Gypsum 11 Company, Inc. ceased all business operations. 12 INTERROGATORY NO. 4: 13. Have you at any time engaged in the sale of a product which contained asbestos fibers? If so, please identify 14 (a) the names of your entities selling each of those products; 15 (b) the trade or brand name of each asbestos containing product sold by you; (c) the dates each product was manufactured or sold; 16 (d) a description of each product including the type and percentage of asbestos contained in said product; 17 (e) how each product was packaged; and (f) your gross sales of each asbestos containing product between 1950 and 1978. 18 RESPONSE: 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and 20 overbroad, as it seeks information about types of products and places not at issue in this litigation and 21 years when Kaiser Gypsum was not in business. Thus, this interrogatory is not reasonably calculated 22 I to lead to the discovery of admissible evidence. As to subsection (f), Kaiser Gypsum objects to this on 23 the grounds that it is unduly burdensome, harassing and not reasonably calculated to lead to the 24 25 KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF ' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 3 wnuams, R a ster &gm* fllc twoUnionsquire>suit*4 iod m . u AddTM.: p.o box2 1 9 2 6 settle, ssn 1 -3 9 2 6 1 discovery of admissible evidence. Further, Kaiser Gypsum responds that it does not possess complete 2 information for its Seattle facility for said years. 3 Without waiving said objections, Kaiser Gypsum responds that the following products which 4 contained asbestos fibers for various periods of time were manufactured at its Seattle facility. 5 1. Joint Compound Powder 6 This product was manufactured at Seattle from 1969 to 1975 and contained 7.5% to 10% 7 chrysotile asbestos. This off-white powder was packaged and sold in sacks of 10 and 25 pounds. 8 2. Finishing Compound Powder 9 This product was manufactured at Seattle from1969 to 1975and contained 3.5% to 11% 10 chrysotile asbestos. It was white to off-white powder and packaged in sacks of 25 pounds. 11 3. One-Dav Joint Compound Powder 12 This product was manufactured at Seattle from 1970 to 1975 and contained 1% 13 chrysotile asbestos. It was a white to off-white powder and packaged in sacks of 25 pounds. 14 4. Three Purpose Compound Powder 15 This product was manufactured at Seattle from 1969 to 1975 and contained 5% to 11% 16 chrysotile asbestos. This was a white to off-white powder and packaged in sacks of 25 pounds. 17 5. Dual-Purpose Pre-Mix Compound :: 18 This product was manufactured at Seattle from 1969 to 1975 and contained 2.5% to 4% 19 chrysotile asbestos. This was a white to off-white or light buff colored paste and packaged in bucket: 20 or cartons of 4 to 5 gallons. 21 6. Pre-Mix Topping Compound ' 22 This product was manufactured at Seattle-from 1971 to 1975 and contained 1% chrysotili 23 asbestos. This was a white to off-white colored paste, packaged and sold in buckets of 4 or 5 gallons 24 and cartons of 4 gallons. _ 25 INTERROGATORY NO. 5: KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SFT OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 4 Williams, Kastner &Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P .O .B o x 21926 sme, w.*ingt,98iii.3926 -10 A A Identify the date, if any, on which you ceased the sale of asbestos-containing products. RESPONSE: By *975, Kaiser Gypsum's Seattle plant ceased to manufacture products containing asbestos. INTERROGATORY NO. fr For each product identified in response to Interrogatory No. 4, identify all warnings you employed to protect the purchasers said products from asbestos-related harm including in your answer the text of said warning and the date on which it commenced. RESPONSE: Beginning in T9/2, Kaiser Gypsum affixed caution labels Lo Lhc packages and containers of its asbestos-containing products. The warning label, as prescribed by OSHA, read: " CAUTION: contains asbestos fibers; avoid creating dust; breathing asbestos dust may cause serious bodily harm. INTERROGATORY NO. 7- ........ State the date on which you learned that asbestos poses a hazard to human health. RESPONSE: Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, ! overbroad, and assumes that any type of asbestos, in any condition or in any amount, poses a hazard I to human health. | Without waiving said objections, Kaiser Gypsum responds that it became aware generally sometime in the 1970s that users of some asbestos-containing building products could be at risk of inhaling quantities of respirable asbestos fibers sufficient to pose a potential hazard to their health. INTERROGATORY NO. ft- KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 5 Williams, K astner & Gibbs PLLC Two Union Square, Suits 4100 Mai! Address: P.O. Bex 21926 Seattle, W ashington 98111-3926 Identify al! measures you employed 0 protect the users o f your J from any asbestos-related harm. | RESPONSE: . Katser Gypsum objects to this interrogator on the grounds that it is vague, ambiguous, overbroad, and not sufficiently limited in time or scope. Without waiving said objections, Kaiser Gypsum responds that it placed warning labels on its asbestos-containing products upon learning that such products posed potential health hazards to end users. ; INTERROGATORY Krn o- Identify ail measures you employed to protect your employees from any asbestos-related ^ ' 1 RESPONSE: 1 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambimious 1 and overbroad. Further, Kaiser Gypsum is informed and believes t o plaintiff was neither emplc I l: ay Kaiser Gypsum, nor present at any o f its plants at any time. If,us, events occurring at any Kaiser L nypsum plant have no relevance to the conditions allegedly experienced by plaintiff. T t a r t a e , this li nterrogatory is not reasonably caicnlated to lead to the discovery o f admissible evidence. K 2 H S Q.GATORY n o in - Identify all trade publications to which you subscribed between 1950 and 1978. u RESPONSE: 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 20 verbroad, and unintelligible as to the word 'trade publications". Furthermore, this inteiJgator^ 21 omemplates years when Kaiser Gypsum was not in business. Thus, this interrogatory is not reasonably 22 donated to lead to the discovery of admissible evidence. Without waiving said objections, Kaiser 23 ypsum responds that it is informed and believes it was a member of the Gypsum Association from 24 .proximately 1952 to approximately 1978, and believes it may have received its publications. 25 3TERROGATQRY NO n - COMPANY, INC.'S RESPONSES 3 PLAINTIFFS' FIRST SET OF " rTERROGATORJES AND REQUEST FOR IODUCTION OF DOCUMENTS - 6 Williams, K astner & Gibbs PLLC T w o Union Square, Suita 4100 " Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 D yu maintain a computerized listing of the sales of your asbestos-containing products? If so, describe the information stored on said computer including whether said sales are broken down by geographic area, the type of computer program and the manner in which specific sales information can be retrieved. RESPONSE: Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, overbroad in time, place, and scope. Furthermore, this interrogatory calls for information which seeks to invade the purview of the attorney-client privilege and doctrine of attorney-work product. INTERROGATORY NO. 12: For each asbestos product identified in response to Interrogatory 4, state the gross sales of said product in the State of Oregon between 1965 and 1980. RESPONSE: Kaiser Gypsum objects to this interrogatory on the grounds that it is burdensome, harassing, vague, ambiguous, overbroad and unintelligible as written. Additionally, this interrogatory seeks information regarding time periods when Kaiser Gypsum was either not in business, was not selling to the State of Oregon, and/or was not manufacturing asbestos-containing products. Thus, this interrogatory is not reasonably calculated to lead to the discovery of admissible evidence. Further, Kaiser Gypsum responds that it does not possess complete information for Oregon sales for said years. INTERROGATORY NO. 13: For each asbestos product identified in response to Interrogatory No. 4, identify the entity from whom you purchased the asbestos for use in said product. RESPONSE: Kaiser Gypsum is informed and believes that the following at one time or another were its suppliers of chrysotile asbestos: 1. John K. Bice 2. Harrison & Crosfield 3. Carmonia Chemical Company KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 7 Williams, K astner & Gibbs PLLC Two Union Square, Suite 41100 Mail Address: P.O. Box 21926 Seattle, W ashington 98111-3926 1 4. Philip Carey Corporation (Carey Canadian Asbestos) 2 5. Western Chemical Company 1 3 6. Johns-Manville 4 7. Union Carbide ; 5 8. E.S. Browning 6 9. Loomis Chemical Company i 7 10. Benson Chemical ' 8 11. Paul W. Wood (Johns-Manville) 9 10 INTERROGATORY NO. 14: 11 Identify the legal relationship between Kaiser Gypsum Corporation and Kaiser Cement Corporation. 12 RESPONSE: 13 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 14 overbroad, and unintelligible as written, as there was no such entity as "Kaiser-Gypsum Corporation". 15 Furthermore, this interrogatory is vague and ambiguous as to "legal relationship" and calls for "legal" 16 opinion beyond the scope of responding defendant's knowledge. Without waiving said objections, and 17 as Kaiser Gypsum understands this question, Kaiser Gypsum responds, it was a wholly-owned 18 subsidiary of Kaiser Cement Corporation. : 19 20 21 INTERROGATORY NO. 15: 22 For each year between 1955 and 1975, identify the plant manager of your Seattle plant and 23 his/her four principal subordinates. 24 RESPONSE: 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES . TO PLAINTIFFS ' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 8 w niiam s, K astner &Gibbs f l l c Two U nion Square, Suite 410Q Mail AddTM *: P .O .B o x 21926 Seattle, Washington 98l l l-3926 1 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, anc 2 overbroad. Without waiving said objections, Kaiser Gypsum responds that, as of November 1, 1970 3 the manager of the Kaiser Gypsum Seattle plant was M. Slavich. At this juncture, Kaiser Gypsum i: 4 unable to discern who the plant manager's "four principal subordinates" would have been. Thus 5 discovery is ongoing into this matter and Kaiser Gypsum reserves its right to supplement this response, 6 should further information be discovered. 7 INTERROGATORY NO. 16: 8 _ For each year between 1955 and 1975, identify the plant manager of each of your Oregon plant: and his/her four primary subordinates 9 RESPONSE: 10 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous 11 overbroad as to time, place and scope. Further, this interrogatory is not reasonably calculated to leac 12 to the discovery of admissible evidence, as Kaiser Gypsum's Oregon plant never made the types o 13 asbestos-containing products at issue in this case. Without waiving said objections, Kaiser Gypsun 14 responds that as of November 1, 1970, the manager of Kaiser Gypsum Oregon plant was J. Cassidy 15 At this juncture, Kaiser Gypsum is unable to discern who the plant manager's "four principe 16 subordinates" would have been. Thus, discovery is ongoing into this matter and Kaiser Gypsun 17 reserves its right to supplement this response, should further information be discovered. 18 INTERROGATORY NO. 17: 19 _ _Identify all contracts and/or re-branding agreements between you and Owens-Coming Fibergla 20 including in your answer the date said contract was entered into, the terms of said contract and the date that said contract was in effect. . 21 RESPONSE: 22 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous 23 and overbroad as to time, place and scope. Without waiving said objections, Kaiser Gypsum respond 24 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 9 wanams,Kastner&g m k f l l c Two Union Square, Suite 4.100 M.a A dd-, p .o . box 21926 Seattle, W ashington 98111-3926 1 that, it never had a "contract and/or rebranding" agreement with Owens-Coming Fiberglas as to the 2 types of products at issue in this litigation. 3 INTERROGATORY NO. 18: . 4 For each of the following individuals (named in Documents PLTF 001 - PLTF 1384) please state (a) the individual's full name; 5 (b) whether they are alive or deceased; (c) their current address and telephone number or, if you do not know these individuals' 6 current address, their last known address; (d) what position, they held in your company; 7 (e) whether they are currently employed by you. 8 R.L. Allgood L. Beck 9 L.M. Bryan J.W. Blewett 10 C. E. Caprye R.C. Crowle 11 G J. Chavalas D.R. Canham 12 J.D. Cassidy J.D. Chambers 13. P.D. Crelman H.C. Dupuis 14 G.C. David N.D. Dicks 15 L.R. Flicker P.J. Franklin 16 P.T. Framlom J.W. Glweitt 17 R.W. Grigg C. R. Grimme 18 J.M. Garoutte D. H. Homan 19 J.P. Hughes P.A. Hawkins 20 W.D. Hopper . R.J. Hoffman 21 R.L. Jones G. James 22 J. B. Kirk R.L. Murh 23 J.F. Modaff Richard Madden 24 William McKinnon B.J. Murphy 25 P.D. Orleman ' % i . . KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS ' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 10 . wniiams, Kastner & c a b s fllc t^oUnionsqUare, sa* 4ioo m . u Addr=s*: p .o . Box 21926 Seattle, Washington 98111-3926 1 J.W. Post G. M. Perry 2 J.K. Parker J.C. Reilly 3 C.F. Radier E. N. Reddick 4 J.P. Rohrer A1 Raffaelli 5 Mike Slavich F. H. Schaper 6 T.V. Smith E.M. Schaper 7 E.W. Schaper S. Steffens 8 J. Schlenner J.H. Scheahan 9 A.J. Trommershausan W.L. Traub 10 S.R. Witt R J. Wibom ' 11 H. L. Weightman J.I. Walker 12 J.H. Walton V. Whitecage 13 RESPONSE: 14 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 15 overbroad, burdensome, oppressive, and violative of said employees' rights to privacy. Given the tact 16 that Kaiser Gypsum has not manufactured a product since 1978, there is no one currently employed who 17 is able to identify the full names of said individuals, their names and addresses, any positions which 18 they may have held or whether they are living or dead. Additionally, Kaiser Gypsum objects to this 19 interrogatory on the grounds that it is not reasonably calculated to lead to the discovery of admissible 20 evidence. See response to Interrogatory No. 19. . 21 22 INTERROGATORY NO. 19: " 23 For each individual identified in Interrogatory 18, state whether that person has ever been 24 deposed in asbestos-related litigation and identify the case, jurisdiction, cause number and the attorneys who represented the defendant and plaintiff at said deposition. 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR ' PRODHCTTON OF DOCUMENTS - 11 WHliams, Kstner & Gihbs PLLC Tw o Union Square, Suita 4100 Mail Address: P .O .B ox 21926 Seattle, Washington 98111-3926 1 RESPONSE: 2 Kaiser Gypsum incorporates its response to Interrogatory No. 18 as though fully set forth herein. i 3 Without waiving said objections, Kaiser Gypsum responds that W.L. McKinnon, former research | 4 engineer, was deposed on August 2, 1984 in the following case: Robert Butts v. Kaiser Gypsum 5 Company, Inc., et al, Contra Costa Superior Court No. 251401; Harlan C. Dupuis, former manager : 6 of research and development, was deposed on April 16, 1985 in the following case: Kathryn Maksim 7 v. USG, et al., San Francisco County Superior Court Case No. 768674; Thomas V. Smith, former; 8 technical advisor for accessory products was deposed on March 11, 1992 in the following case: 9 Michael Richie, et al. v. Raybestos Manhattan, et al., San Francisco Superior Court No. 933324;' 10 Richard C. Crowle, former merchandising manager, was deposed on July 26, 1995 in the following ^ 11 case: Central Weslyn Colleger. W.R. Grace, et al., U.S. District Court, District of South Carolina, 12 Charleston Division, Civil Action No. 2:87-1860-8. The attorneys who represented the various pa ] 13 at those depositions are identified in the transcripts. | 14 INTERROGATORY NO. 20: 15 Your attention is directed to documents PLTF 0001 to PLTF 1384 that were served upon your J counsel by the undersigned in the Winter of 1998. If you contend that any of the foregoing documents; 16 is not genuine, set forth the factual and legal basis for your contention. | 17 RESPONSE: 18 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 19 overbroad, and unduly burdensome. Without waiving said objections, Kaiser Gypsum responds that,; 20 as to those documents authored by or directed to Kaiser Gypsum, Kaiser Gypsum does not contest their: 21 genuineness. However, Kaiser Gypsum is unable to attest to the genuineness of any document not 22 authored or directed to Kaiser Gypsum, including, but not limited to, the following documents: PLTF; 23 0001 through PLTF 0003; PLTF 0366 to PLTF 0372. Additionally, Kaiser Gypsum cannot attest to | 24 the genuineness of any document referring to Permanente Cement, Kaiser Cement and Gypsum! 25 Company or Kaiser Cement Corporation. J KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF ' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 12 WIBiams, K astner & Gibbs PLLC Two Union Square, Suite 4KX1 Mai! Address: P.O . Box 21926 Seattle, Washington 98111-3926 1 INTERROGATORY NO. 21 : 2 Identify every person who supplied information to answer these Interrogatories including in your 3 answer the specific interrogatory for which each person supplied information. 4 RESPONSE: 5 As previous stated above, Kaiser Gypsum ceased all marketing activities in 1978, thus no one 6 person associated with Kaiser Gypsum provided information for a specific interrogatory herein. The 7 information provided in response to the interrogatories comes from a collection of information gathered 8 throughout the years from various different sources. 9 10 11 12 1. 13 REQUEST FOR PRODUCTION Produce all documents in your possession that were generated before 1978 and refer or relate to any human health hazard associated with asbestos including, but not limited to, memoranda, letters, journal articles or notes. 14 RESPONSE: 15 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad and 16 not limited in time, scope, or location. Furthermore, this request is burdensome and oppressive and 17 assumes that- Kaiser Gypsum possesses such documents. Without waiving objections, Kaiser Gypsum 18 refers plaintiff to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's 19 counsel in the Winter of 1998. 20 21 2. 22 23 24 Produce minutes of all meetings of your Board of Directors held between 1950 and 1980 that refer or relate to your asbestos-containing products. RESPONSE: 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 13 W illiams, Kastner & Gibbs,PLLC Two Union Square, Suite 4100 Mai! Addresi: P.O . Box 21926 Sejitllft WftcViIt-terf/inQR1 I 1 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad and 2 not reasonably limited in time, scope, or location. Furthermore, this request is violative of Kaisef 3 Gypsum's right to privacy as a privately held corporation and seeks information which is proprietary 4 in nature. Additionally, this request is vague and ambiguous as to "refer or relate to". Without 5 waiving objections, Kaiser Gypsum responds, as it understands the request, that none of the minutes 6 of its Board of Directors' meetings "refer or relate to" its asbestos-containing products. 7 8 Produce, for inspection and copying, original copies of all documents used to promote the sale of any product identified in response to Interrogatory 4, including, but not limited to, catalogues, 9 magazine advertisements, product lists, photographs, technical specifications and flyers. 10 RESPONSE: 11 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbr"d, 12 unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thu$ 13 seeks information which is not reasonably calculated tc lead to the discovery of admissible evidence. 14 Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, 15 which were - erved upon responding defendant's counsel in the Winter of 1998. :. 16' 17 4. 18 Produce all manuals, specifications and instructions that you provided to the customers of any asbestos-containing products sold by you between 1965 and 1978. 19 RESPONSE: 20 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad 21 unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus 22 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. 23 Moreover, plaintiff has testified that he did not pay attention to or read any literature regarding am 24 products used by other trades. Thus, this interrogatory is not reasonably calculated to lead ; tie 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES' TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PR nnnrTTO N OF DOCUMENTS - 14 W illiam s, K astn er Sc Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 discovery of admissible evidence. Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's counsel in the Winter of 1998. 5. Produce all documents that refer or relate to your decision to stop manufacturing asbestoscontaining products including, but not limited to, board minutes, technical and safety advisories and unprivileged legal opinions. RESPONSE: Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's counsel in the Winter of 1998. 6. Produce for inspection and copying, original photographs of all products identified in response to Interrogatory 4 in their packaged form. RESPONSE: Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's counsel in the Winter of 1998 KAISER GYPSUM COMPANY, INC .'S RESPONSES TO PLAINTIFFS ' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 15 wnuams, Kastner &cabs pllc Two Union Squ.ro, Suite 4100 Mail Addreas: P.O. Box21926 Seattle, W ashington 98111-3926 1 7. 2 Produce deposition or trial transcripts of any individual identified in Interror .Lory 18 in anv asbestos-related litigation. J J 3 RESPONSE: 4 Kaiser Gypsum would be willing to produce any deposition or trial transcripts of any individuals 5 identified in its response to Interrogatory 18 at a mutually convenient location at the expense oi 6 propounding party. 7 8 INTERROGATORIES AND REQUESTS FOR PRODUCTION SUBMITTED this 14th day of 9 May, 1998 i 10 WEINSTEIN & BERGMAN ; 11 12 Matthew P. Bergman, WSBA #20894 13 14 15 16 17 18 19 20 21 22 23 24 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 16 W illiam s, Kastner & Gibbs P LLC T w o Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 1 TOTPRRnr RESPONSES TO PLAINTIFFS' FIRST SET OF 2 U W S T ^ 5 1 ? T ES A-ND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT KAISER GYPSUM COMPANY, INC. 3 4 VERIFICATION 5 I am an authorized representative of Kaiser Gypsum Company, Inc. and am authorized to make 6 7 this affidavit on its behalf. I have read the foregoing responses to interrogatories and requests for production and believe the responses to be correct. 8 9 ? i> / / / By: 10 11 12 SUBSCRIBED AND SWORN TO before me on the day o fOxi^LOCT 1998. 13 14 Notary Public in and for ie of ( 15 residing at Mj My commission expires Algt 16 V .s>, ^ ^ ^ ,f 17 DIANE MARIE HAYES L , COMM. #1185147 S jNOTARY PU-'.O-CAUFORNIA Q CONTRACT ITACOUNTY 0 18 COMM. EXP. MAY 29, 2002 ? ~' '"'w' V V V 19 20 21 22 23 ---ITi 25 26 S y lv in W. P ic k n e r a n d E v e ly n I. P ic k n e r v. O w e n s C o rn in g , e t al. 27 King County, Washington Case No. 98-2-09390-1 SEA 2 S EXHIBIT A As of October 1953, the following were officers/directors o f Kaiser Gypsum Company, Inc.: Henry J. Kaiser L. S. Corey E. H. Heller D. V. McEachem E. E. Trefethen, Jr. G. J. Shea H. W. Morrison W. Marks W. A. Marsh C. R. Olsen Paul S. Marrin C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun As of September 1954, the following were officers/directors of Kaiser Gypsum Company, Inc.: Henry J. Kaiser E. E. Trefethen, Jr. H. W. Morrison G. J. Shea D. V. McEachem E. H. Heller . A. Christensen W. Marks Alan Christensen W. A. Marsh Coral R. Olsen Peter S. Hass C. E. Harper . Paul E. Rogers Bryce Simpson Chad F. Calhoun Paul Marrin -1S2-585585.1 As of October 1955, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen G. J. Shea E. H. Heller D. V. McEachem E. E. Trefethen, Jr. Henry J. Kaiser W. Marks ' Claude E. Harper W. A. Marsh Paul Rogers Bryce Simpson Chad F. Calhoun 1 Paul S. Marrin As of November 1956, the following were officers/directors of Kaiser Gypsum Company, Inc.: E. H. Heller Edgar F. Kaiser Henry J. Kaiser W. A. Marsh D. V. McEachem G. J. Shea E. E. Trefethen, Jr. W. Marks A. D. Christensen H. W. Morrison Claude E. Harper W. A. Marsh Carl Olsen V. E. Cole Paul Rogers Bryce Simpson Paul S. Marrin Chad F. Calhoun ' ' -2- S2-585585.1 As of October 1957, the following were officers/directors of Kaiser Gypsum Company, Inc.: " E. H. Heller Henry J. Kaiser Edgar F. Kaiser W. A. Marsh D. V. McEachem H. W. Morrison G. J. Shea E. E. Trefethen, Jr. William Marks Claude E. Harper V. E. Cole R. A. Costa Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Martin Chad F. Calhoun Bryce Simpson As of August 1958, the following were officers/directors of Kaiser Gypsum Company, Inc.: E. H. Heller W. A. Marsh D. V. McEachem H. W. Morrison G. J. Shea E. E. Trefethen, Jr. A. Christensen Henry J. Kaiser Edgar F. Kaiser William Marks . Carl R. Olsen W. A. Marsh . Edgar F. Kaiser Paul E. Rogers Paul S. Martin Chad F. Calhoun Claude E. Harper -3- S2-585585.1 Bryce Simpson R. A. Costa As of December 1959, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen E. H. Heller W. A. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. Henry J. Kaiser Edgar F. Kaiser D. V. McEachem William Marks - W. A. Marsh William Marks Chad F. Calhoun Robert Costa Claude E. Harper Paul S. Marrin Carl Olsen Paul Rogers Bryce Simpson As of December 1960, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen E. H. Heller Henry J. Kaiser Edgar F. Kaiser William Marks W. Marsh H. W. Morrison . G. J. Shea E. E. Trefethen, Jr. . Chad F. Calhoun Robert Costa Claude Harper Paul S. Marrin Carl Olsen -4- S2-585585.1 Paul Rogers # . Bryce Simpson As of November 1961, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. E. H. Heller Henry K. Kaiser Edgar F. Kaiser W. A. Marsh John Bosche Chad F. Calhoun R. A. Costa J. J. Hague Claude E. Harper Paul S. Maxrin Carl Olsen E. F. Schaper Bryce Simpson As of December 1962 the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen Peter S. Hass Edgar F. Kaiser William Marks Wallace Marsh H. W. Morrison E. E. Trefethen, Jr. Henry J. Kaiser G. J. Shea . W. A. Marsh William Marks John Bosche Chad F. Calhoun R. A. Costa -5- S2-585585.1 J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson As of December 1963, the following were officers/directors of Kaiser Gypsum Company. Inc.: A. Christensen Peter S. Hass Henry J. Kaiser William Marks W. A. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. ' Edgar F. Kaiser W. A. Marsh . William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper . Bryce Simpson As of December 1964, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen Claude E. Harper .. Peter S. Hass William Marks Paul S. Marxin Gilbert Shea E. E. Trefethen, Jr. H. W. Morrison Edgar F. Kaiser Henry J. Kaiser . -6S2-585585.1 D. A. Rhoades J. A. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1965, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen Peter S. Hass Claude E. Harper Edgar F. Kaiser Henry J. Kaiser William Marks Paul S. Martin Lloyd L. Mazzera . D. A. Rhoades Gilbert Shea E. E. Trefethen, Jr. Henry J. Kaiser H. W. Morrison William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1966, the following were officers/directors of Kaiser Gvpsum Company, Inc.: . J. B. Bonny . A. Christensen Claude E. Harper Peter S. Hass Edgar F. Kaiser Henry J. Kaiser -7- S2-585585.1 William Marks . Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen, Jr. William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1967, the following were officers/directors of Kaiser Gypsum Company, Inc.: J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen, Jr. Edgar F. Kaiser William Marks John H. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1968, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. D. Christensen Claude Harper -8S2-585585.1 Peter Hass Lloyd Mazzera D. A. Rhoades J. B. Bonny G. J. Shea John F. Shea E. E. Trefethen, Jr. John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1969, the following were officers/directors of Kaiser Gypsum Company, Inc.: J. B. Bonny Claude Harper Peter Hass William Marks Lloyd Mazzera D. A. Rhoades E. E. Trefethen, Jr. A. D. Christensen Edgar F. Kaiser Gilbert Shea John Shea John Bosche K. A. Conningham R. A. Costa R. A. Crowle Paul J. Franklin J. J. Hague E. H. Schaper Bryce Simpson As of December 1970, the following were officers/directors of Kaiser Gypsum Company, Inc.: Edgar F. Kaiser E. E. Trefethen, Jr. -9- S2-585585.1 Peter Hass John Bsche K. A. Conningham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague E. H. Schaper Bryce Simpson R. G. Hohnsben J. B. Bonny . A. D. Christensen Claude Harper Peter Hass Edgar F. Kaiser William Marks Lloyd Mazzera D. A. Rhoades John Shea E. E. Trefethen, Jr. As of December 1971, the following were officers/directors of Kaiser Gypsum Company, Inc.: J. B. Bonny Alan Christensen Claude Harper Peter Hass Edgar Kaiser William Marks D. A. Rhoades John Shea E. E. Trefethen, Jr. John Bosche K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker ' C2-585585.1 -10- James C. Reilly E. H. Schaper ' Bryce Simpson As of December 1972, the following were officers/ directors of Kaiser Gypsum Company, Inc.: Garfield O. Anderson J. B. Bonny Alan Christensen Peter Hass Claude Harper Edgar Kaiser William Marks Walter E. Ousterman, Jr. James Reilly D. A. Rhoades John Shea Alfred Yee E. E. Trefethen, Jr. John Bosche K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman Paul Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper As of December 1973, the following were officers/directors of Kaiser Gypsum Company, Inc.: Garfield Anderson Alan Christensen Claude Harper ' Peter Hass Edgar Kaiser Walter Ousterman James Reilly John Shea S2-585.585.1 -11- E. E. Trefethen, Jr. William M. Witter Alfred A. Yee John Bosche A. B. Brown, Jr. K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman Paul J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper . As of December 1974, the following were officers/directors of Kaiser Gypsum Company, Inc.: Garfield Anderson G. J. Chavalas Alan Christensen Robert Costa Peter Hass Walter Ousterman James Reilly William R. Roesch John Shea . E. E. Trefethen, Jr. William Witter Edgar Kaiser Alfred Yee John Bosche A. B. Brown D. R. Canham Robert Costa R. C. Crowle P. J. Franklin ' J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker E. H. Schaper S2-585585.1 -12- As of December 1975, the following were officers/directors of Kaiser Gypsum Company, Inc.: Edgar Kaiser E. E. Trefethen, Jr. Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William R. Roche John Shea William M. Witter ` Alfred Yee A. B. Brown, Jr. T. P. Heffelfinger D. W. Henning R. G. Hohnsben D. B. Hunn J. G. Nelson W. E. Ousterman J. K. Parker J. C. Reilly Genevive Robbins P. T. Smith J. I. Walker . As of December 1976, the following were officers/directors of Kaiser Gypsum Company, Inc.: Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William Roche ' John Shea E. E. Trefethen, Jr. William Witter Alfred Yee Edgar Kaiser S2-585585.1 -13- PRIVILEGED AND CONFIDENTIAL INFORMATION This document contains personal information obtained from personnel files of former employees of Kaiser Gypsum Company, Inc. ("Kaiser Gypsum"). Such information may be protected by the privacy laws of various states and is only being disclosed because its disclosure has been ordered by the Honorable Robert Lasnik for use in the below-referenced lawsuit. Any further use or dissemination of the below personal information outside of the purposes of the below-referenced lawsuit has not been authorized by the Honorable Robert Lasnik. Accordingly, any person who uses or disseminates the below personal information beyond the purposes and needs of the below-referenced lawsuit does so at his or her exclusive peril, and with the knowledge and understanding that such use or dissemination may subject them to personal liability in the event any such former employee brings a claim or lawsuit for the breach of their privacy rights. RE: Sylvin P ic k n e r v. K aiser G ypsum . King County Superior Court, Washington, No. 98-2-09390-1SEA Plaintiffs Interrogatory No. 18--Names and Addresses of Purported Employees R.L. Allgood: Robert Allgood, former plant manager, Antioch, L. Beck: Leroy Beck, former senior buyer,! L.M . Bryan: Leon Bryan, manager, advertising, J.W . Blewett: John Blewett, former manager of manufactured products,! C.E. Caprye: Charles Caprye, former plant manager, Seattle. R.C. Crowle: Richard Crowle, former vice president of merchandising, G .J. Chavalas: Gus Chavalas, deceased. S2-600030.1 CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT - 1- READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT D.R. Canham: Dean Canham, Kaiser Cement sales and marketing, "-***- J.D . Cassidy: John Cassidy, deceased. J.D . Chambers: Unknown. P.D. Crelman: Unknown. H.C. Dupuis: Harlan Dupuis, manager, research and development, P.T. Framlom: Unknown. J.W . Glweitt: Unknown. * R.W . Grigg: Ralph Grigg, deceased. i ' C. R. Grimme: Conley Grimme, Kaiser Cement, J.M . Garoutte: Former Kaiser' Cement plant superintendent, deceased. GD..C. DHav.isH: oKmaainse:r CDeomn eHntomreognio,npaul rscahleasing, J.P . Hughes: Unknown. P.A. Hawkins: Peter Hawkins, former Kaiser Cement manager W.D. Hopper: William Hooper, Kaiser Cement, S2-60G030.1 CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT R .J. Hoffman: Ralph Hoffman, position unknown,, R.L. Jones: Robert Jones, Kaiser Cernent, G. James: George James, former plant superintendent J.B . Kirk: Unknown. : R.L. M urh: Unknown. J.F . Modaff: James Modaff, former plant manager, Delanco, deceased. Richard Madsen: Former director of advertising,! # William McKinnon: Former senior research engineer, Jcinn rnlifnrT iii^ atf-- i i l . B.J. M urphy: Bob Murphy, former vice president of sales, 152.' P.D. Orleman: Deceased. J.W . Post: James Post, former manager of process engineering,! G.M . Perry: Unknown. J.K . Parker: James Parker, J.C . Reilly: James Reilly, executive vice president of administration and finance, Kaiser V Cement, deceased. ' . C.F. Radier: Unknown. E.N. Reddick: Unknown. ' J.P . Rohrer: John P. Rohrer, former vice president of marketing, Kaiser Cement,| S2-600030.1 . CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT -o- READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT Al Rafaelli: Former senior research chemist,1 Mike Slavich: Former plant manager, Seattle, deceased. F.H . Schaper: Unknown. T.V. Smith: Thomas Smith, former supervisor of accessory research, Antioch, E.M . Schaper: Unknown. E.W . Schaper: Unknown. S. Steffens: Stanley Steffens, position unknown, 5\ J. Schlenner: John Schlenner, position unknown, J.H . Scheahan: Unknown. A.J. Trommershausan: Unknown. W .L. Traub: William Traub, office manager Antioch, S.R. W itt: Samuel Witt, deceased. R .J. Wiborn: Richard Wibom, former safety and industrial director, Antioch, TV ,, J-- -- i - * H.L. W eightman: Howard Weightman, deceased. J.I. W alker: Deceased. J.H . W alton: Joseph Walton, former director of personnel and safety, Kaiser Cement J" Corporation, V. Whitecage: Vincent Whitecage, former buyer, Jacksonville, Ik S2-6Q003Q.1 CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT -4- READING THE DISCLOSURE AT THI BEGINNING OF THIS DOCUMENT 1153$ Ett=r c<_-` -f3 o Kaiser Coment J Gypsum Corporation gypsum division organizational charts November 1, 970 PLTF 0238 sp** MANAGEMENT GYPSUM DIVISION ^Q d l id SALES * ' I ? p LTF 024 r I SALES ADMINISTRATION R. J. Laldlaw 2 Assistants MERCHANDISING VICE PRESIDENT MERCHANDISING R. C. Crowle DIRECTOR, ADVERTISING -& SALES PROMOTION R, A. Madsen director, TECHNICAL SERVICE W. J. Marshall STAFF DRAFTSMAN r"-D T7 O /V) -k. PRODUCT MANAGER INSULATING & ACOUSTICAL PRODUCTS E. F. Denning CONTROLLER "O r~ ~~ni IV) CaO OPERATIONS ttZQ d l l d ex h ib it n o . L n Mrnnuat r Vf N -J C. T To C o ries to KA3S:> GY?SUM CCiVPAftY, . . R .L . C .Z . J.D . J.D . N .D . D .H . J.F . P.D . A llgocc Caprye C assid y Cr.ar.bers D ick s Honan .'Cocaff C rlen sn .\*7ZR-0??JCS MZMOaANDUM W.L. J .H. R. S. Traub V/alton J . V/iborn R. V/itt Date F rom . at ce: ? .J . Franklin G.3 . Kirk J.C. R e illy S ubject 115 iarch 1 , 1965 R.R. F lick er KC 24S2 K*l xa cazaros Tne attacned^ m a teria l has been r e ce iv ed f r o c th e Gypsun_a s s o c i a t io n and i s p resen ted f o r your i n - o n a pion. in connection with p ro tectio n again st asb estos d u st, i t is advised to use a :a sp ira to r w ith a f i l t e r e sp e c ia lly designed fo: 1 asb estos du st. :so I P LA IN T IFFS EXHIBIT -7 U v //- /~q$ PLTF 0502 B2/13S01 09:44 KMESR -> 14104492369 NO. 072 P00SM0SBJ BSA______________________ Page 1 ,, I tH m w u m e n w T o r n a l o f t ^ h w < it) ntvi* . firnai l}| nK HLf' 3' HCUU. Illl IJO| u4V . 4 ]m; li ' m i iVl >imriB `* *1** >mwu IHinv nwr. " l i ruk run kit'ffM i*i fi*li1 in Page 2 I * J #UUPI,I iiaon J taa i I* f NT11.II-.J M a.ta.-t.l- It/linf. *TLT rlaiMB*Vf > *c*n*nie*iitbt>i>, fm 4.i f in la . i<tCsi*l 4 1 *(*I>f*afa*airf**M if1.1"e7*a:aa,*afat.ikTaiM Stis-iil1.h lt a-Wpalli, itii t<urrnai.rtmu-paifi.fw_n.miaaiak;|>i'H1.*^1 rliitni * m a iiTtaa. ttw n V - tli . Page 3 ni- )**. * **y *< l* * * fta *f 1 U i a l i t i h i l l m a li bfv *1 4"lM< --*lana* -a...*. ni.* tipi iiii/ii, lit usi. < i e n y *t -r t ju u la m i.* Min 'aifiitrf ftr iffiiiu, m a mt/i]( mr i t t r * t VI - e a | a | . imm > a | l , i L i t `IftfU f * Fiatllf - w 03*. laaaf, t u a Itl^l}, e- vara, -w k . Page 4 ,1, W'*^Wef*TUa*Tlp**i*IC-M-*PfIrism flatiHi*. fw in'-aet inn. f*iTui*IHMiftOXi-r .a. r i-i-i MrPnit ;< it Iti itf< f-oge 3 Tooker & Antz Pickner vs. Owens-Coming Jo sep h R oss Hobby III c" *l*** *Uvi. k>M riM. MWk<4t MitIMOl i>> n . %wf Pi h fiiiio m n iin Itj w n . VtM. m t r ** t*k>kant a> ^ i*} **ne***r *ivi* wi ii'iw i t *4 ^ Hi ,H* M tin l hM o>, f i- .u r m m lI/Pl) ***" # t "lWMtwtw u M*tl4*4|J uu M)<U|Wat 4i4) *V 1l1 Kql* --r*Ta* a.^rwi| HI .W|,lu ' OI1F3|I '" *<- kW--.'UI-pa(laImki. ai-- || l rn*..m (*1 f~ ta 1 . laalUi, M U I M n il l- I M , HI] TMk * a|l < 4a p iw k illi, ' lit] r *`i ' w * I*" ' l m , b p T, " `i MHUaa M M tllk . fallMI. I h , w PH 4" **" W ., HHM- f t IWH( P ta k iR a| f P nil ' ifab ibt- cu i b " *Wii t ffRW t k V>> if# Fk| H (1 -- f* "*** Mi t+tlM*. t WHW t *!*, MNUPtAf fl`l ** * WftW. IP.. a R a m 4 f i a n , | M Itm li tin *' p* wii e m il i, ibntUf Page 6 mm f'c"'1-- P nu*m"*i.V*.li*m}-a,ia,piCai.rlftl1naaMiptunn).u P1i*.I,1 l' M*ybM*--ia*Pc4UrVNmMk.W.imtUit.*rtt.rtlt.M.^iaUtila, i*w<ii*Hm*mltLU|ai||)f llil *** ***fllMfWH,*, , 11/4f98 21 Kaiser Gypsum in th e > Pickner c a st, IS) THE VIDEOGRAPHER: The reporter may sw ear in (S) the d ep o n e n t (?) is) JO SE PH R. HOBBY is> fW^'beeh'^'svfafn, ii5) testified a s follows: m i EXAMINATION BY MR, IfiRGMAN 11=) MR. BERGMAN: Q. C # d y o u please state your n ^i full nam e far^fhe record, sir? n o A. J o s e p h R o s s Hobby. US) Q. And where do you live? <iS) A. m i Q. position? I1 B) A. ! live In Danville, California. And w hat is your current 13) CT And how long have you held th a t position, sir? i2 i) A. A pproxim ately five years. !Z2i Q, Sir. I'm handing you what has been m arked as (231 Plaintiffs Exhibit 1 lit i> Uu which is the Notice of Deposition in !2i this case and ask you to look at it, please, and l have a i2s> few questions to ask you regarding this notice. ia t Page 7 Page 9 v ii) (WHEREUPON, PLAINTIFFS id This is a 30(b)(6) deposition on * EXHIBITS 1 THROUGH 13 tsi W ERE various i2 i topics relating to this case. And I MARKED FOR IDENTIFICATION). w ant to go through o > th o se topics with you THE VIDEOGRAPHER'. Ladies and briefly this morning. T he first m topic, and gentlemen, we iti are on the video record that's toward the bottom of P age 1, is Kaiser on November 4. 199S. And the time tfi is (i) Gypsum's corporate history, 9-39 a m. I'm Steve Leftwich, a certified organization, and governance isi betw een notary public is) far the County of S an Mateo 1957 and 1977. Are you the witness that representing Tcoker &. Ante, 818 tD Mission Kaiser n> Gypsum h a s designated to Street, 5th Floor, San Francisco, California sp eak for the com pany on th at is; topic? 94103, (si Telephone area code <9i A. Yes. 415-392-0650. <s> This is the beginning of Videotape 1 , Volume I tioi in the c a se of Sylvin W. jPickner a n d Evelyn I, Pickner ( i n versus no) Q. And se c o n d topic, sir, is Kaiser Gypsum's m i relationship with Kaiser C em en t Are you th e w itness that <121 h as been designated to sp e ak for Kaiser Owens Coming, e ta |,, in the Superior Court Gypsum on that n3) topic? of u 2i Washington for King County C ase da) A. Yes. No. 98-2-09390-1 SEA far t u i th e ' deposition of Joseph Hobby, (i<i The deposition is located a t the <is) Q. The th ird topic, sir, is asbestos-containing US) joint compounds manufactured by K aiser Gypsum and offices of (iti Jackson &W allace, 580 California street, San Francisco, ni> intended <ii) application of those products. Are you the witness who is <ib) going to California, noticed by attorneys for plaintiff sp eak for Kaiser G ypsum on that subject and the m i videotape is produced by plaintiff. matter? 1*9) A. Yes. i:a i Counsel, would you p le ase identify yourselves a si and your clients? 120) MR. BERGMAN: Matthew Bergman Ifar the (2ii plaintiff. !2zi MS, JACKSON: Gabriel Ja ck so n far Kaiser <331 Gypsum. (20) Q. The fourth topic is Kaiser Gypsum's knowledge <2D of the dangers associated with a s b e sto s . Are you the 122; individual who K aiser Gypsum has designated to s p e a k for the 1211 com pany on that subject m atter? (2D MS. STEELE: Katherine S teele for E.J. o&i Bartells. <2) A. Yes. <3ii Q. The fifth topic is sales of Kaiser Page 8 Gypsum*i <<) M R . C L A R K : Paul C la r k far W.R, Grace. :=) MR. PETTY: This is Ken Petty on the in telephone, Washington counsel for P a g e 10 i'ls joint edJTYipDuriiis ip the Portland and Vancouver area. A re you <2 : thew itness on that subject matter? (415) 392-0650 <3) A. Y e s . ______________ _________ P age i toPage 1C 05/20/00 13:24 TX/RX NO.0435 P.002 82/13/01 09:44 KMESPt - 141044923G9 NO.072 P003/021 esA Pickner : ; Q- Finally, our next is the sixth item, is K aiser (5) Gypsum's answ ers to the interrogatories that plaintiffs <sj propounded in this case. Are you the witness on that 17 1 subject matter, sir?- is i A. Yes* isi Q, The seventh topic is the involvement of Kaiser n e t Gypsum Com pany with th e G ypsum Association. Are you the i'-i: witness that Kaiser Gypsum has designated on th at subject <:ii matter? '4'J> A. Yes. _ r . t ; Q, The e ig h th to p ic is K a is e r G ypsum 's business a s ) dealings with Owens Corning Fibsrglas Corporation. Are you (j j (he witness who Kaiser Gypsum has designated to speak, for in : the company on that subject matter? ne> A. Yes. it) Q. The ninth topic is Kaiser G ypsum 's docum ent icoi retention policies. Are you the designated witness on that 2 :; m atter? A. Yes. 1~r-1 Q- And finally the tenth topic is certain !in i docum ents th at are listed in the Notice of Deposition, <211 Exhibit 1, Are you the witness who is designated on those P a g e 11 Vs- O w ens-Corning J o s e p h R o ss H obby a party to this (ti litigation and your inquiry is iinappropriate in that regard. tu K a is e r Gypstim is the party. Kaiser Cem ent is not. MR, BERGMAN: Q. You can answer ;the question, m sir? j(B) A. Would you re p e a t the q u estio n ? j (5) Q, Yes, Iwould. C an describe the corporate c o relationship between Kaiser (Gypsum and Kaiser Cement between m i the years of 1965 and 1975? I *-25 A. Yes, ! u si Q. Would you do that for me jplease? ` A. Kaiser G ypsum company, Inc. is a wholly-owned fisi subsidiary of :Kaiser Cement Corporation. I tl6i Q. And how w as it that Kaiser jGypsum cam e to be i n incorporated in the State DfWashington? u si A. I d o n 't know. ;isi Q. Do you know when Kaiser jGypsum w as associated -- :bo? incorporated in the State of W ashington? p i i ) A. Yes. ; (-2) Q. And when w as that, sir? (731 A. 1952, I cu > a . W as, between the years of 1 9 5 5 , and 1 9 7 5 what tasi w as the division of products manufactured by Kaiser Gypsum I 1 1 /4/93 XMAX(M) i) MS, JACKSON: S am e objection. (3 ) Th(E WITNESS; To toe b e s t of my knowledge they o> w ere located in the Kaiser Center in Oakland, California. TM I'll MR. BERGMAN; Q. Did Kaiser C em ent and Kaiser isi Gypsum Com pany have separate accounting departm ents? (*) A. To th e b est o f m y k n o w led g e yes. ' n i Q. And did Kaiser Gypsum and Kaiser C em ent have te> separate m anagem ent? (9i (MS. JACKSON: Can Ijust object, Counsel. (ioi P erhaps if you ask a little corporate history as a preamble 1:11 there might be som e confusion over the n am es, At one point 112) the Kaiser Cem ent n am e included Gypsum in its title. It <12 j would be a little m ore clear for the witness to have that 110 history first t i n MR, BERGMAN; Q, C o u ld y o u provide u s with - CS) w as there a time, sir, when Kaiser Gypsum and Kaiser Cem ent ( i 7) had the sa m e nam e in their title? (i) A. T h ere w a s a tim e w h e n th e corporate entity w as usi called Kaiser C em ent 8. G ypsum C orporation. (20) q . And w as Kaiser C em ent 8. Gypsum --w as Kaiser u i i C em ent & :;) subj ect matters? A. Yes. - 1 Q. Thank you, sir. >>' MS. JACKSON: Counsel, I'm going to interrupt t4i you ju st fo re moment. To the extent that we have (si objections to the various topics I'm going to wait until you (7! hit the topics before making objections all right? 1 >ti MR. BERGMAN; I understand. Counsel. Q- I'm handing you now Exhibit 2 which Iwill no) represent to you is Kaiser G ypsum 's R esponses to Plaintiff's ;id Interrogatories a n d R equests for Admissions in this case, i;;i and I'd ask you first of all to turn to the tabbed p ag e t i n which istne signature page. And that is Page 1S. Is that ri' i your signature, sir"? --> A, Yea. Q. And did you review these interrogatories on :n> behalf of Kaiser Gypsum prior to their submission to ;i 3> plaintiffs? A. Yes. Q. i d Bke to ask you then som e general ::t: questions, first of all on the corporate structure and organization of K a is e r Gypsum. The first question, and I - 2; wo u|d direct your attention to basically Interrogatories 1, 2. ahd 3, and 1 4 . Could yog start, sir, by describing ::i ` the relationship between Kaiser Gypsum and Kaiser Cement P a g e 13 ii and Kaiser Cem ent? I'd be happy to clarify that question if 12 you n eed m e to do so. <?> MS. J A C K S O N : Objection insofar a s you refer m to Kaiser C em ent products The plaintiff h as not testified 15) to any products manufactured by Kaiser Cem ent Kaiser <e> Gypsum products, of course you may inquire about. ' <ii MR. BERGMAN: Q. W h atw ereth e p ro d u cts th a t is 1 were manufactured by Kaiser ce m e n t a s opposed to Kaiser tui Gypsum? I (tl MS. JACKSON: During w hat years Counsel? ' i 11-' MR. BERGMAN: Q. 1965 to 1 9 7 5 , j (i2) MS. JACKSON: Ifyou know, }( in THE WITNESS: Well, to the extent I Iknow m i Kaiser Cem ent w as in the cem ent manufacturing business at ( in that time /primarily, MR. BERGMAN; Q. And what business primarily tn> w as Kaiser Gypsum | involved in the 1 965 to 1975 time fram e? i r- ! l A. Prim arily w ailb ca rd a n d accessories. Where were Kaiser Gypsum's corporate (2ii headquarters located in the 1965 to 1975 time frame? j (321 A. B ased on th e`Inform ation I've i been provided im i th ey w ere lo cated in the K aiser C e n te r in O akland, 1221 . C alifornia, Gypsum Corporation located at the Kaiser Center rrai during the 1965 to 1975 time | period? (c ii a . To the b esto f my know ledcr 'yes. (27i Q. And w as Kaiser C em ent & Gypsum Company a (25) se p arate entity from Kaiser Gypsum Company during that sam e P a g e 15 id time frame, sir? 0 A. Yes. (il Q. W a s t h e r e - did Kaiser Gypsum Corporation <<1 receive its instructions from Kaiser C em ent & Gypsum (5 ) Corporation in the 1965 to 1975 time fram e? *** MS. JACKSON: Objection, th e word (7i "instructions'1 is vague. (#1 THE WITNESS: l don't know. (5> MR. BERGMAN; Q. W h a tw sstrie level of r:oi day-to-day interaction between Kaiser Gypsum Company and m ; Kaiser C em ent & Gypsum Com pany in the 19S5 to 1975 time :i2) fram e? i2( MS. JACKSON; If you could, Counsel, clarify ;:) the years th at the company was called a company entitled j (in "Kaiser Cem ent 4 Gypsum Company," w as in existence, it would ;i-:i clarify for th witness, (i7) MR, BERGMAN: Q. s ir, d urin g what years w as iib > there an entity known as Kaiser Gypsum & Cem ent Company? Pages 12 between the years of 1965 and 7 9 7 5 ? this, MS. JACKSON: I'm going to object to ' question in that Kaiser Cement is not Page 10 to Page 1S *nd'i,erewafi Ksiser Cement's hsesS w K of Page 14 I41SJ 3SZ-0650 > A. From ro u g h ly 1$64 to ap p ro x im ately 1978. (2i . Between 1964 and 1973, sir, what was the Jevel t e n of day-to-day interaction between Kaiser Gypsum Company and iaz: K aiser C em ent & T o o k er & Ahtz 05/20/00 13:24 TX/RX NO.0435 P.003 02/13,'01 0 9 :4 5 KMESf) -> 1 4 1 0 4 4 B 2 3 S 0 NO.0 7 2 P004/021 Fickher Gypsum Company? ;;;> A. I d o n 't know. :--i> Q. Did Kaiser C em ent & Gypsum Company and Kaiser i:s> Gypsum Company have the sam e in-house counsel? I`m not P age 16 i i i asking yo u fo r any com m ents or communications with that <-i counsel but did they employ the sa m e in-house counsel? <3! IMS. JACKSON; I'm ju st going to pface an u i objection on the record that I'd like to apply to any is > question th at involves Kaiser C em ent is not a party to this :ej action. Plaintiff has not testified in his deposition he ;i was exposed to or claiming exposure to products manufactured ei by Kaiser Cement, and I'd like a running objection to any t> questions on that, in'! MR. BiERGMAN; I will give you a running u n objection on that subject matter. Counsel. ii3i THE WITNESS: I don't know, 1 1 : MR. BERGMAN; Q, Sir, I'm handing you w hat <ii has been marked a s Exhibit 3. "-51 MS. JACKSON: Can you indicate what the n i : plaintiff number on the bottom? :" ! MR. BERGMAN; Yeah, l`m sorry, the plaintiff u$i num ber is 236. Q, Sir, d oes Exhibit 3 appear to be an ;2oi organizational chart of Kaiser Cem ent & Gypsum Corporation, (t'.i the Gypsum Division? ;:2> A. That's what the title of the front page says. '.231 Q, And is this one of the docum ent that you t:<> reviewed in preparation for this deposition? !=**I' A. Y es. P age 17 i;; Q. Okay. I would like to turn, direct your (ii attention to page, th e third page which is designated as (3i P age No. 240. Who w as Mr, R.A. Costa? ~ !- ! A. Well, ac co rd in g to th e ch art he w as Vice (is P resid en t a n d General Manager of K aiser Gypsum. ' > Q. And who w as president of Kaiser Gypsum during ; that 1970 time frame? ' i A. I d o n 't know. ' - Q. How would that information be obtained? ; A. I d o n 't h av e a n y id e a o ff th e top of my head. -:' Q. W as there a president of Kaiser Gypsum ;t2: Corporation? A. ( d o n 'tk n o w . ;-'i Q. Who if anybody did Mr. Costa reportto? And ; ~ i am i pronouncing his nam e right first of all? f; A. Y eah, I have n o t se e n an o rganization c h a rt i : n w ith Mr, C o sta's n a m e o n it re p o rtin g to s o m e o n e else, ;i=: Q. So to the best of your knowledge Mr. C o sts w a s t'-i the c'nief executive officer of Kaiser Gypsum Corporation? Tooker & Antz vs. Owens-coming Joseph Ross Hobby ; ' - 91 A - T h o se a re n 't m y w ords. I think he w as vice 1211 president and general ;m anager. ; i"> Q. W hat were Mr. C o sta's ; responsibilities a s Vice (23) President and ;General Manager of Kaiser Gypsum C o m p a n y ? : (2<i A. 1 c a n only d e d u c e from th e io rg an izatio n al J2&> c h a rt th a t his ibusiness w as to run, his role w as to run jthat I Page 18 (!* co m p an y on a d ay -to -d ay basis. : 3) Q, And sitting here today you don't know whether (it or not Mr. C osta reported :to anybody else? j i n A. No, I've n o t s e e n an Iorganizational ch art th at rsj said th a t he, Jn o r h a v e I re a d anything t h a t said th a t Mr. II 1 C o sta re p o rte d to s o m e o n e else. (<) Q. W a s Kaiser Gypsu m in the 19 . K aiser Gypsum rsi Company, a public or private corporation in the y ea r 1970 (*) when this chart w as generated? (10) A. It W as a w holly-ow ned subsidiary of Kaiser tin Cement , Corporation or Kaiser C em ent & Gypsum jCorporation, 11:1 depending on the time )fram e. j *"-3) Q. Do you know w hether or not Mr. j C osta reported (i> to K aiser Cement & IGypsum Company in 1970? j ( '-i) A. ( d o n 't know. Q. I'm going to go down the list of isom e of the (H i individuals on this Iorganizational chart and for th e record (l6i I'm referring to P age 240. W h a t were the j roles of the <iS) executive assistant, the two ;executive assistan ts listed on rzoi this chart, Mr. Eshelman and Mr. O rzeeh? j <z;> A. I d o n 't know. )'v e n o t s e e n a jjob J2> description, nor d o we have any jjo b d e sc rip tio n s fo r th o s e <231 positions. | io n Q. D o y ou h av e a n y k n o w le d g e whatsoever a s to <=sa w hat Mr. Eshelman or what Mr. O rzeeh did in the -------------------------------------- -- ------ ------------------- 1 Page 19 I organization? | 2) a . No, i d o n 't P e rh a p s I should say a t this 3) p o in t th a t th e d ay -to -d ay b u sin e ss o p e ra tio n s o f K aiser 1) 'G y p su m C orporation e n d e d in 1978 or .a b o u t th a t tim e. T here is> a re no cu rre n t . em ployees o f Kaiser G ypsum . So if s , b een (6) o v e r betw een 20 y ea rs sin c e there w a s a n y em p lo y ees there. i*Ve ; &eh w ith K aiser c o m p a n ie s roughly 18 years. S o I hav e is; no d irec t knowledge of th ese people and w h at they did. I isi jean merely g o from the docum ents that have been provided to no) me. And a s I ilook a t th ese docum ents a s you have , them in ( in fro n t of y ou, l can m ake certain conclusions but -- 2> Q. W hat conclusions can you make sir? ' I m i MS, JACKSON; O bjection, (41S) 332-OBSa ~ " overbroad. -I MR. BERGMAN; Q. B ased o n th is .document, sir, u i i w hat conclusions can you make? j 1 ) A. Well, I c a n c o n c lu d e th a t Mr. Costa w as the im Vice President and 'G eneral M anager o f the K aiser Gypsum j list Company, for exam ple. ;:S) Q, Looking down the chart, sir, there's the Group <201 Manager, Wailboard Accessories and Metal Products. What (2 1) were, what category of products were Wailboard A ccessories? (22) MS. JACKSON; I'm going to object, Counsel. (23) W eV e reached a stipulation with local counsel for Kaiser (i4> Gypsum that the products inquired into would be limited to icsi the joint compound products that your client has testified P ag e 20 id that he w as exposed to. So insofar as your question exceeds ;ci that narrow sco p e pursuant to stipulation Iwould object is) MR, BERGMAN; Q. I'm not asking for any id detailed information. I'm just concerned about --I would (&i like to know, and this falls within the am bient of my ts> request of organization and governance, what were the <71 general category of wailboard accesso ries. I'm not asking .-bi specific product questions at this time. ! (?) A. Welt, a s I u n d e rsto o d it l think ith e y 're ritf? re fe rre d to in o u r interrogatories. T hey generally consist (in of the various joint com pounds. (12) Q. And who did, who was, first of all, J.W. n i l Blewett? (in ) A. Well, a c c o rd in g to th e ch a rt he w as group u ii M anager tor the W ailboard A cc esso rie s an d Metal Products us) operations, iiti Q. Do you know whether Mr, Blewett is still iiB) living? (is) MS, J A C K S O N : Counsel, I believe w e provided (20) th a t to you in the answers to interrogatories th a t w ere the (211 subject of your motion. (221 MR. BERGMAN: I understand (23) THE W ITNESS: I'd have to s e e the docum ent (Cd th a t I provided. I have not committed --I know a num ber of 25) the jem ployees on th e s e charts are deceased and I haven't j P a g e 21 <D memorized them . j (2) MR. BERGMAN; Q. Who did Mr, ;Blewett report ;3-, to within Kaiser Gypsum? (4) MS. JACKSON: W hat time fram e? (5 MR, BERGMAN: Q. 1970, The date .that this (5) chart w a s generated? I (7) A, Well, a c c o rd in g to the c h a rt fie irep o rted to :si Mr. C o sta. T h at's the w ay !Iwould read it }( Q. Looking down the chart, sir, there's Vice c c i P resid en t of Sales. W hat w as the function of the S ales tin ID epartment of K aiser G y p s u m in the 1965 Page 1S fo Page 21 05/20/00 13:24 TX/RX NO.0435 P.004 02/13/01 0 9 :4 6 MESA 14104492360 NO.0 7 2 P005/021 .f B5A Pickner vs. Owens-Coming Joseph R oss Hobby to '75 period? 78 period. Correction, in the 1 9 6 4 to n i l ^ MS, JA C K S O N : Could you repeat the question, cij Counsel? l '-" MR. BERGMAN: Q. Yeah. W hat w as th e function n-:) of toe Sales D epartm ent of K aiser Gypsum in the 1964 to 1976 ::ii time period? ! 8< A. Well, I h a v e no d irect k n o w led g e b u t i'll :i venture th a t th ey w ere in c h a rg e o f selling th e v ario u s inoi products m anufactured at the, on the m anufacturing side of :::i the business. ,:2> Q. And would that include jgint compounds? ;:i| A. Yes, i would think so. ,:<1 Q. And who did the Vice President for S ales it&i report to within Kaiser Gypsum Company? would assume, r.oi though, that they w ere generally involved in researching :and developing andlor improving :existing or new products. . Q. Inthe 1964 to 1978 time period were there c s ; ongoing ch an g es in the products that wore m a n u fa c tu re d by m > Kaiser Gypsum? iii) MS. JACKSON; Cm going to object l it s vague ( ;= ) and overbroad. . 1HE WITNESS' I have no direct i knowledge but I :ib ; would assume that if jthey had a department for that purpose u s; that that department did som ething and there were changes. i ' : 01. MR. BERGMAN: Q. And Iguess sir, in light of ton counsel's prior objection j which is w ell ta ken , I'm trying u ' i to ' !ascertain whether there was a constant P a g e 22 : ) A. Well, the chart would indicate to me that he it; reported to Mr. Costa. '> Q . The next question is what was the role of the m vice president for evolution of <2i) products within toe Gypsum !Division or, and whether that w as 2 <> part of the ongoing operations of the company ! <3i> MS. JACKSON: To the extent that :you know. 11MI9S XMAX|4M) going with isi that question. I'd a n s w e r It generally that, you know, the ,management team, all of the manageis--*^- (would shoulder so m e ;2 : ra s p o n p ib U k j, for the safety of their p ro d u c t "" i Q. And by m anagem ent team would .'that b e fair to rid; sa y th at toe vice Spresidents who are listed on the, kind of I ;*i: on the, toward the bpttom of P ag e 240? 'i! A. I w ould s a y m o st o f th em . There may be som e 12 1 people do there 'that, for example, the Financial A nalyst Jor i *i 1 the Vice President a nd Controller rm aY n o t have a v a r y s t r o n g <:s ; link to .the safety efforts. But someone like the vice n si president for operations in the m anufacturing environment in may jhave a greater responsibility. ;:sl Q. And moving then to the Vice IPresident for uSi Operations, who did that individual report to? ! ;:! A According to the chart he .reported to Mr. u :: Costa. merchandising within Kaiser Gypsum in toe i Page Zd ) i--> Q. And would to e Vice President for d) 1964 to 1978 time period? i1 A, I don't know. I(- ! THE WITNESS: 1 don't have any direct jO p e ra tio n s h a v e b e e n the prim ary individual other than Mr. Costa i: ji r : Q Why was there a separate 1 '.o knowledge but Iwould assu m e, to-use responsible for insuring the safety of Kaiser .your word, that there 121 w as an evolution or Gypsum's ces; products? merchAan.disl idnogna'tndkn:oe;w.Sales Department? certainly new products Were introduced it i ::31 Q. Does anybody at Kaiser Gypsum ,an d those new products m ay have replaced P a g e 26 :existing pro d u cts, <s; that so rt o f thing. (in A. I d o n 't know , have any 'i - t knowledge regarding why there w as a separate sales and That's common in industry, I. Q. You had indicated individuals in m ercha nd ising department? ;!* ' mR-BBRGMAN; Q. And was one of ithe functions 7j of th# R esearch & .toe (2 i m anagem ent team who were 1131 A. Kaiser Gypsum has no em ployees. .Development D epartm ent to integrate new responsible for insuring thesafety in of jKaiser Gypsum's products and you *1 ^ Is the answer td my question that 1 si scientific developments th at occurred .between 1964 and 1978? jidentified the Vice ;ij President or nobody ns i besides yourself has any ; V1 A. I don't know. [ Operations. Would the m anager of knowledge as to why there was a tis> separate Merchandising and Sales u q , Q. W as one of the functions of the iR esearch & 1*i Development also nave Sharedsom e responsibilrtyfor m insuring Department? R esearchS. m i Development Department jthe safety of Kaiser G ypsum 's products? MS. JACKSON: No one at the to deal with any safety concerns that 1121 ;might have arisen re g ard in g products I '*' A. He m ay o r h e m ay not. I d o n 't company. know. <131 THE WITNESS: You asked was manufactured or sold by u n Kaiser . Gypsum Company? :> Q. How about the Vice President of there anyone at i: s> Kaiser Gypsum who iA (don'tknow . j merchandising? j :i0j A. Id o n 't know . has knowledge and I indicated Kaiser uoi Gypsum has no employees. 1 r .i; Q. W as there a s e p a ra te ; -1 Q. And how about toe vice ;- l: MR, BERGMAN: Q. Is there ;departm ent within Kaiser i!( Gypsum that .president of sales? anybody else :;zi besides yourself that w as responsible for insuring the safety of its r.t; products? ; A. I d o n 't know . would be able re better answer the trs; ! <33i q . And how about the vice question as to what the different function of ' ;j 5: A To the best o f my knowledge there was not a ;pre sid e n t for c manufacturing? the Merchandising and Sales -to A, I don't know. Department was? Q. Who at Kaiser Gypsum would I '-`i Q. And how about toe, toe group "t 1 A. If th e re is I don't know w h o th a t have been rti; re s p o n s ib le fo r insuring the m an ag ero f i t '; waflboard accessories? would be. safety of toe products that c i ; were sold to .th* public? * - 3; a . Mr. Blewett? , Q. Yes. P a g e 23 MS. JACKSON: O ver w hat time frame? A. Jd o n 't know . Q. W hc did the vice president for merchandising u ; report to within Kaiser Gypsum' .23; MR, BERGMAN: 1964 to 1978 ^ THE WITNESS: Ultimately | would ! Q- So the only individuals thus far, ;so if J ice! understand your testimony, sir, ' thetwo individuals that you : have ' ," ' A. A ccording to the c h a rt he w ould have thoa9ht -to Mr, Costa would be. identified as being responsible for insuring h av e re p o rte d to Mr, C asta. Page 2S ,toe safety icj; of K aiser Gypsum's ' Q 1"he riext departm ent is research MR. BERGMAN: Q. W a s to e re (products ere the vice president and ;zsi and development, W hat was the function of ,ne research and r : development anybody besides :=: Mr. C osta at :general manager, Mr. Costa, and the vice !p r e s id e TM o f departm ent within K aiser Gypsum in the . Gypsum who w as responsible for insuring 1964 to 5; 1978 tim e period? . J ' sa^ 0< the products th a t were sold by Kaiser Gypsum :i to toe public? ; Page 2 ? ?' A. I h a v e n o d ir e c t K now ledge, t : -' A. Well, 1 d o n 't Know w h ere y o u 're j operations, at this p o in t Mr. S c h a p e r ? P a g e 2 1 (d P a p e 2 7 ' ------ 1 :-i MS. JACKSON; I'm going to object (415) 392-Q650 ~ ~ ~ " T nrtlfA P A. Ar 05/20/00 13:24 TX/RX NO.0435 P.005 82/13/01 09:47 KMESP 14104482360 NO.072 P006/021 Fickner vs. Owens-Corning Joseph Ross Hobby 11/4/98 XM4X(5i insofar as u : it m isstates his testimony. I think his testim ony w es that i<> the S-C-H-A-P-E-R. ;share information concerning the safety m anagem ent team. P age 29 iof Kaiser Gypsum's ;:ci products? ` si MR. BERGMAN: Well, let --well, Counsel. I'm iii going to start objecting to Q. Now sir, if you would, please, turn to P age c=> 241, It app ears to b e a j ,:l1 A. Well, w h e n y o u s a y sh a re , I ;d o n 't know w h eth e r :M) o r n o tth e r e w as som e responsibility or directive, for your speaking objections. 7; You're certainly entitled to object jbreakdown of the s a le s division o r ni the >'$> e x a m p le f o r Mr. H a g u e to :ei Q. And if I've m isstated vour | Sales Department of Kaiser Gypsum. And co m m u n icate to Mr. C row le a b o u t we've talked (-> a b o u t quite a bit about who testimony in any si way, Mr. Hobby, please reports up the chain of tit com m and. I'm P a g e 31 enlighten me as to how I've done ;:o> th a t going to try to ad d ress som e questions to i) so m e safety item , w hether o r not he :1U A. l think you've m ischaracterized itW hat I:i;i tried to s a y w as that you 16) about how information is disseminated down the chain of cm w ould h av e a iz> respo n sib ility to do ev e ry o n e in m a n a g e m e n t h a s a :is. command, th a t I w ould in d ic ate to you th a t I'm m responsibility, Okay, for the Safety.pf the sure inform ation w as sh ared based on (8) Would --well, first of all. if I could direct p ro b ab ly the individual in determ ination em ployees and/or (to the products. I a lso in d icated to y ou I don't know if an y is) your attention once again, though, I'm of that manager. sorry, to R age 240; no) And I'd like to direct j i&> Q. So, and I Understand that, you is. o n e p e rso n in th e organization h a d your attention to the line toward the m i know, we're ie> talking about the corporate a b s o lu te d ay -to -d ay (;5i responsibilities bottom of die page, the five vice presidents? Structure and we m ay not have m precise for that other than I would assum e, and I > know th a t's d an g e ro u s to do, b u t Mr. i" ) A. I se e i t ) ' Q. Okay. W a s Information directives concerning every interaction and every isi responsibility that each corporate C osta a s th e h ead o f obi the concerning the safety i*s> of K aiser Gypsum officer h as in relation i n to every other organization Would have overall responsibility. B eyond fir; th a t 1c a n n o t products shared between the various vice ;ts) presidents listed on P ag e 240? corporate officer. However, had say the if) manager of research development s a y to y o u W hether a n individual within this coi chart has greater or lesser (5e) M S . JACKSON: During w hat time frame? learned of information <a i) regarding the, responsibility than another. I have no is7) learned that Kaiser Gypsum's products may MR, BERGMAN: Q. During 1964 to not n o b e safe w hen used a s intended direct knowledge. 1976. And tic) let m e just say for the record, would that have been the type ii-ii of Q. Sir, I'm handing you a picture an exhibit ;::t: m arked a s No 5.1 do have a Mr, Hobby, unless t say iisi otherwise. ' Information that would have been shered to during my examination this morning my time the wee n o president of sales responsible color photograph jf that would n o be easier frame i2&> will be 1964 to 1 9 7 0 . for you. is that Mr. C osts? HD MS. JACKSON: And ju st for the for selling those products to n f ; the public' :-) A. I d o n 't know . record to be izai absolutely clear, Kaiser <:) MS. JACKSON; Calls for speculation. P ag e 28 Gypsum's products becam e <221 -71 THE WITNESS: All I can say to that 1: MS. JACKSON: Counsel, Ijust would asbestos-free in 1975. So to the extent you're inquiring i:;i about information past is that tiBi lVe never se e n a docum entthat would indicate a s you have e s i ju st stated. like an to opportunity to se e actually the color photo -- the 1975 date Iwould object I20i MR, BERGMAN: Q. B ased on :3: MR. BERGMAN; Absolutely. !M> THE WITNESS: l lost tra c k of the question. your knowledge of liu the com pany overall J MS. JACKSON: --and also advise you would you have expected the vice 1221 that this is> w a s not provided to us prior to P age 30 president of sales to have been inform ed of the deposition. Thank you. any defecte of 123 j the product that i-> MR. BERGMAN: Q . T h a ts fine, Mr. '=) THE WITNESS: I've never seen this Hobby. '- ? It's hard when a bunch of lawyers rendered rt d angerous when used a s 12-n intended? picture o i before, I've never met Mr. Costa, nor h a v e ! ever se e n a ts) photo of Mr. ' aKsnkowq,uestions and go back (3i and forth ' I .20] A. T h at w o u ld b e speculative on C osta where he has been identified to me. ,4> A. T hat's okay. m y part. Icould S o l 'fi would have no way of Identifying Mr Costa. :Sl Q. I'd like to direct your attention on P ag e 32 :-*' MR. BERGMAN: Q, Is Mr. C osta Page 240 <si to the five individuals listed in |thevice president rn category. And We've in sp e cu la te th a t o n th a t Mr. Bergm an, still living? spoken a lot about them. And I believe tei b ut I have no d ire c t :2 i know ledge. **' A. T o th e b e s t o f m -y know ledg-e I said that all of those individuals would i !i> Q. And l would understand from your h e is n o t But -- ag a i'n |' would refer you ,, rep o rt Mr. is> Costa. And my question to !answer that t<i you're not a w a re o f anybody to th e listing th aitt1, waacs. npPrMov>irdlAedH cf-... to I.--. . ___ :_____ . . Iyou now is would th ese noj individuals, ielse at Kaiser Gypsum that would tsi know you and rem ind you that I haven't these five vice presidents h a v e b e e n r . h co m m itted ail th e j:-) d e c e a se d p e rso n s responsible for sharing information between whether the R esearch & Development Department would :r; have been to memory, ;responsible for sharing safety information ' ` Q. I understand, sir. themselves n o regarding the safety of Kaiser Gypsum's products' with (7) the S ales D epartm ent? n o t livinag.. B ut I u n d ersta n d Mr. C o sta is j iiii a. 1 h av e n o d irect kno w led g e o f !| D:rianyAth. inNg oin, Ii'?v>e nwerviteinr gs eoernaan ydtohcinugmtehnatt " Q. Do you know when Mr. Costa |othrenaont sthweeyr wtoounlod htahvaet hqaude satio::ns.W hether ;I've been, an y o f th e in fo rm atio n :i?> I've ceased to be vice u s ; president and general responsibility a s you p u t it to sh a re ' reviewed that w ould cau se m e to be able m anager of Kaiser Gypsum Company? A. No. information, I h av e i:$i n o t s e e n th a t in to a n sw e r th a t rz q u estio n positively jyes. - ' Q. W hat was, directing your any job title or anything. Iwould say as t-7! a normal course of business issues I Q . Now if we could 90 back to Page 241? attention once again 1:11 to Exhibit 2 4 0 , the vice president of manufacturing, who did such as safety m ay be usi would be shared between various departments j m i MS, JACKSON: Ju st for the record, -3: that individual report to? jyes. ' iCaunssI, y e u )>wb n o t d is ig n a b e d iA ) ' A. A ccording to th e c h a rt I w ould in d icate m a t ---u h e reported to a Mr. jii?} Q. So &s a normal course of as a document you v/ishto r .;i examine !our witness on. business then the C o various vice S c h a p e r I g u e s s you would pronounce it. 1Presidents would have been expected to ! !;ei MR. BERGMAN: Yes, I do. Counsel, Tooker S. Antz (415) 3S2-0GS0 ' iM y ;m intention in this designation was to Page 2 7 to Page 3 05/20/00 13:24 TX/RX NO.0435 P.006 02/13x01 0 9 :4 0 K M E S -> 1 4 1 0 4 4 0 2 3 6 8 N O . 072 P007/021 BSA P ic tener vs. O w ens-C om ing J o s e p h R oss H obby i v 4 s refer to the first page iiei of these Gypsum is, was responsible for >-.si XMAXfBrt) docum ents, not to list every page of the communicating product information to .a n sw e rth e r . n question, sir. docum ent :sii that was indicated. But Iwill, customers? j r*4> A. in th e re s e a rc h t did ] didn't in light of your objection (2i? I will keep that ,,'** 1 MS. JACKSON: Objection, vague, re s e a rc h all u s i th e o p e ra tio n s th a t n------ in mind In the course of my examination. I Product :*i information" is unclear. ,ih av e o r m ay n o t h a v e p ro d u ce d jo in t _ MS. JACKSON: My objection w as that it w a s not e z i on the list. Now you're ! ;181 THE WITNESS: 1 don't know who had : iisj com pounds. I focused my research iIn th e S eattle p la n t B ut H7 i | <jo know telling m e that you designated icn | i -* : responsibifrty for that. ,th a t other plants did, but I w o u ld b e h ard incom plete listing of docum ent num hers or XT* MR-BERGMAN: Q, i'm not talking about the i:i) individual, I'm talking about p r e s s e d u si to ca teg o rically s a y w hat all you intended to designate ju st the P age the organization, !the plants m anufactured. 1? Is that it? B ecau se what Iwas 2ti just objecting to w as document 0241 was not <2-i A. i could g u ess but Ihave no ; :xs) Q. Why did you focus your research on the Seattle t:o> plant, sir? designated in direct knowledge :: o f who would have had responsibility for that specific i t ; ; I 1- 1' A. B e c a u se b a s e d on th e advice P age 33 function, jo f co u n sel, Mr., C2 > th e Pickner c a se 12s i Q. w hat is your best Involved w as localized to that region. your notice. So my objection would be ft`s understanding? Well, let me ; 123; q W hat y e a rs did the Seattle plant outside the m scope of the notice. manufacture isji asbestos-containing joint !St MR. BERGMAN: I understand, - Page 35 com pounds? Counsel, and <ii insofar as I refer to' i i i ask you this: Was there an entity at A. R oughly from 1 9 6 9 to 1975. oqfumesytiognen2e4r1a!siuncqhuirryefceornencecreniisnginthite) pursuit Kaiser Gypsum that 121 communicated | P ag e 37 corporate ;i history and governance of information regarding the use and application ij i of Kaiser Gypsum products to the :ii) Q. And is it your understanding, sir, Kaiser Gypsum, not the document i:> per customers? IthatM r. !2i Pickner w as not exposed to ' sa. joint com pounds prior to 1 9 6 9 ? '' A . W elt, as far a s f know the S a le s i A. | have no know ledge o f Mr. _,s! Q; And my question to you, Mr. Hobby, is w hat r?i were the general . Department no isi doubt communicated ;P ic k n e r's e x p o su re . responsibilities of the vice president of r;oi jwith its customers. But there may have ; Q- And again, without going into any sales of Kaiser Gypsum Company? | been other departments that .contents of is) any communications, you MS, JACKSON: And just for the com m unicated with custom ers a s :?i well. focused your, you did notfocus any :si of record so that : i.) you know, not having your inquiry prior to 1969; is that correct? Seen th e com plete designations in your :ii: i f ' Q- What department, if any Gypsum was 1*1 responsible for at Kaiser 7i A. | read a lot of docum ents and notice and not having a clarifying letter or communicating safety in fo rm a tion to ;:c, review ed a lot <s> o f d o cu m en ts that phone call t:i about the nature of your customers? :w o u ld give m e s o m e general ftnowfedge. notice, w e have not prepared and nsi `B ut is; |'m telling y o u th a t I fo cu se d on reviewed the docum ents that are not liste d o n !" ' A- 1have no direct knowledge, your notice. i i j ) a. W as there a department at ' the Seattle area an d the no; Pickner case because I understood that's what t : 6; MR, BERGMAN: I understand, Kaiser Gypsum that r . n had responsibility ;w e w e re being ui> d e p o s e d on, til j MS, JACKSON; So my objection is for communicating safety information to :i<> |the public, the users of your product? I i.2i Q, And w as --you're aware, sir. going to be rei that we've nothad an ' opportunity to review them and that he c:si i : A - >d o n 't know. I don't know. .and this kind of u a i gets into one of the other subject a re a s w e're going to talk isti had be given incomplete numbers and I'm }' Q' there anybody who knows ab o u t today which is sa le s of Doing to object iso: insofar as the whether there w as nt; any department at Kaiser Gypsum responsible for iim asbestos-containing joint tiS) compounds docum ents are not complete, communicating product Safety information to lin the Portland and Vancouver area. Would MR. BBRGMAN: Q, Okay. W hat is ,the public? those u s; products have been and is it the g e n e r a l;:?> responsibility of the Sales Department. Mr. Hobby? And I <2ji will ask *5) A. Idon't know. your testimony, sir, th a t - i n ; well, where ` =01 Q. I'd like you to took at Page 244 Iw ere joint com pounds that were you to look at P age 241 only insofar a s it :and that is i: i > of this-exhibit. manufactured, u e i th a t were sold in the helps Ji you formulate an answer. If it d oesn't help you. just icsi ignore it. :. j MS..JACK--SO--N--.; ^Sami i i eb uoubjjietLcItUiorn as P o rtla n d , g re a te r P ortland and tllfi Vancouver area manufactured? jto th e t-j> incom pleteness and lack of P a g e 34 designation. Objection to the inquiry i :"01 A- Well, w o u ld I sa y they w ere MS, JACKSON: Referring back, [outside the scope of the notice g en e rally 1211 m a n u fa c tu re d a t th e 'S eattle plant. Counsel, to the :2 > date of this document MR. BERGMAN: Q. Kaiser ;Gypsum as i Q. And that w as located kind of which is on 023fl is 1970, November i ? ;i> (Harbor Island 1221 a re a ? That's the limitation on your question? i P age 36 ; : -11 A. i'm n o t fam iliar with th e term is in MR. BcRGMAN: Q. No, my question f general what was the department : . understand ft, sir, m anufactured joint H arb o r is m Isla n d .". responsibility of the Sales :si Department of compounds that contained asbestos P a g e 3B Kaiser Gypsum Com pany in the 1 9 3 4 _ MS, JACKSON: If you know dunng certain years; is th a t comect, i "** A. T h a t's co rrect. j And what plants, what sir? i, Q- Located kind of south Seattle? A. In S eattle. THE WITNESS: I think I already ( :3> Q. Okay. answ ered that question but I have no direct knowledge. I have not seen a r.s: job !il were responsible 1 :tl ,or manufactured asbestos-containing joint rive n o t b e e n to the p lan t !personally, : . : compounds? description. But l did venture an assumption i ,s> . Q. Okay. And so if i understand you' that the function of the Sales D epartm ent w as to sell the products ( 'iA C K S 0 N ; l m Boing to O bject !insofar bs .to the joint com pounds In .testimony, m sir, at least after 1959 joint that are manufactured by the company. .question would have em anated from one lio m p o u n ss that Mr. Pickner, Kaiacr j Gypsum joint com pounds that Mr Pickner MR. BERGMAN; Q. W as one of J .'" 1. plant in fhe Pacific Northwest The may have isi w o rk ed around would have the - w ha department of Kaiser inquiry on other plants m i is inappropriate been manufactured primarily in isn Seattle; P a g e 32 to P a g e 3 -- : MR. BERGMAN: Q, GcfaheadTnb iis th at correct? ' (4fS) 392-0SS0 " ' Tooker S Anr-r 05/20/00 13:24 TX/RX NO.0435 P.007 82s13/01 0 9 :4 9 K M E S R -> 1 4 1 0 4 4 9 2 3 6 9 NO.0 7 2 P009/021 Pickn e r vs. O w ens-Com ing J o s e p h R oss Hobby 11/4/9_8_________ _______________ XM ixprr ::oi A. T o th e b e s t o f my know ledge. T hat's my HD understanding, yes. : Q. And how about prior to 1969, sir? MS. JACKSON1. I'm going to object, Counsel, m> it's not relevant ::s! MR. BERGMAN: It manifestly is relevant, .1=1 Counsel. The client was exposed from 1965 an. '173 Q. But you can ga ahead end answer the question. <15' A. P e rh a p s i f y o u tell m e w here he w a s e x p o s e d I tie could m ore directly answ er the question. Q. Yeah. Mr. Pickner worked in Portland, greater i:n Portland and Vancouver, greater Portland, Oregon and iici Vancouver, Washington. :cd A. Y es. :t:i Q, And from approximately 1964, `65 on, So w hat cs> I'm trying to do is figure out If the Seattle plant didn't Page 39 i:) start making asbestos-containing joint com pounds untiM 969 i:> where would this p in t com pound have been obtained prior to ; that period? 1- 1 MS. JACKSON; Well, it assum es facts notin si evidence that in fact there were exposures that I don't (51 believe have b een testified to prior to the 1969 time frame. <' > MR. BERGMAN: Q. You can answ er the question, <s> Mr. Hobby, in A. I'm g ettin g a little confused. iiO) Q. Okay. A, B ut in 1969 is w hen w e s ta rte d m anufacturing joint compounds th at co n tain ed a s b e s to s . I d o n 't know it3> whether or not w e m anufactured any joint c o m p o u n d s th a t :<; did n 't contain asb esto s. And I don't know specifically ' -^ w h eth e r o r n ot th e re m ay have b ee n som e a sb e sto s joint usi compound th at could have found its w ay to Portland through s o m e channel I'm not a w a re of. (3S) Q, Okay, And l want to make su re I understand i: si your testimony. Are you testifying that Kaiser Gypsum did la-si not com mence manufacturing asbestos-containing joint compounds until 1969 or that it did not commence manufacturing asbestos-containing joint com pounds in Seattle c d until 1969? -i A. In S eattle. Q. Okay. Prior to'B9 did Kaiser Gypsum the ,'5: Scope of the notice, j t: THE WITNESS: I don't know, j r*- * MR. BERGMAN: Q. Do you know |whefrief any ni> asbestos-containing joint [compounds were manufactured in the 11:1 jDelanco plant? j !-3i MS. JACKSON; S am e objection. j rui THE WITNESS: I don't know. If you know the i&i answ er to that p erhaps you :could give m e a docum entor tji something 'that woufdremind me. But based on my knowledge n*s a s 1sit here right now I don't know the answer to those iisi questions. (ir! MR, B s RGMAN: Q. Okay. And I'm referring to ts o Exhibit No. 244 --Dr P a n e 244. i :Cd A. Yes. | eel Q. And that docum ent indicates wallboard accessories, And so b ased jon that I'm -- I --<i a . W hat w allboard, w h ere are ;you located at? !*=*' I'm looking a t the bottom line of Ithe I Page 41 j !i: organizational chart on P age 244. | A. Yes. i Q- Okay. And that is the basis on which l u : inquired whether or not jasbestos-containing joint com pounds 5) [were manufactured say at the Jacksonville Iplant? (f: MS. JACKSON; Well, to the extent that you're H> looking a t a docum ent that ycu haven't designated in the <bi notice and you're asking him to speculate on what it m eans, isi the docum ent s p e a k s for itself. T 'D MR. BERGMAN: Q. You can answ erthe question, <n> Mr, Hobby, j A. Yeah. This would indicate that [there were :tD so m e so rt of wallboard [accessories m anufactured at those im [various locations. j 1 : Q. And you previously testified that your n) understanding of wallboard [accessories included joint tit: compounds? ;!:?3 A. It included, yes. Q, W hen did Kaiser Gypsum start manufacturing rzoi asbestos-containing joint Jcompounds? : : : - ' A . I d o n 't know th e a n s w e r to th a t right o ff th e 1221 top o f m y head. P e rh a p s .you c a n help me. 1d o n 't rem em b er. Q, Well, I don't know the answer to ;tnat 124 question, either, sir. ' 25) MR, PETTY: This is Ken Petty. Are tai MR. BERGMAN, W atch if I screech while moving re: the phone. Iapologize in iadvance, j tao> THE WITNESS'. I guarantee you, I'm :answering in them all, Ken. i '==> MR. PETTY: Okay, j m i MS. JACKSON: D oesT hatiound (belter, Ken? i ( l i > MR, PETTY; It sounds better except now I got (iSi something in my throat ` n i l MS. J A C K S O N : i wdts going<b say you don't i:ii sound sc h o t ! ::a> MR. BERGMAN: Mr. Hobby was Iapproximately five US) feet away from the jphone, Ken, sc this may help things out a [ 20; little bit j in MR. PETTY; I've b een hearing som e jane not 1221 hearing so m e b ut I guess I [would just like the record to <:d reflect, and ; I'm going to keep quiet as b e s t I can, Matt, j (co but the tenor of the questions that 1 hear, Ithink more o r 12D le s s all of them ,'a s su m e that this w itness know s or has to 1 P ag e 43 j (l) know the answ ers to questions. And I [believe if you look a t 21 th e law on Civil Rule 30(b)(6), I think you n e e d to find out 1t ii what he knows personally and then what Iis reasonably known u t o him or what he knowsfrom reasonably available si [information, and I don't think th e law allows [you or anybody '$1 to a ssu m e that the jcompany can always produce a witness that j id can answer every one of your questions. So I would just 5! Interpose an objection generallyspaaking to the te n o r e f ipi your questions which 1think assu m e facts not in evidence. no) MR. BERGMAN: Well, the third sub --and I t u t don't w ant to belabor Mr. Hobby who I'm su re h a s p laces he'd I rather be, with extended colloquy on the record. Butthe c-i) third Hem of this notice of deposition specifically UD requests asbestos-containing joint com pounds manufactured by r id K aiser Gypsum and intended application o f s a id products, t-ei There w as no date restriction an that, so I am concerned i d that w e have no information prior to 1 9 6 9 .1don'tbefieve <:.ai that this is merely an academ ic concern given that the id evidence in this jc a s e is that Mr. Pickner worked a s a :;4i painter upon being released from the Navy in `84. j :ci! MR. PETTY: Ithink the evidence in Page 40 this case 221 d o e s not establish any : manufacture asbestos-containing joint compounds? (:: A. I believe th e a n s w e r to that is yes. Again I .'si hav en 't fo cu se d my research very much on w hat other plants ( m a y h a v e m a n u f a c t u r e d . iL. Q. Oo yog Icnow whethr asbestos-containing joint iD compounds w ere manufactured at the Antioch plant? MS, JACKSON: Objection, it's outside Tooker & Antz ' j Page 42 i :- *i anywhere near a break because I don't jknow what is h a p p e n in g rat but i can't really hear anything. Ican hear your questions id ;and som e of Gaby, but Ican't hear the witness at all. ; M ft. B S B G M A K Ir I c a n try th e phone a 5. little closer to the witness, Ken. * ' MR. PETTY: Okay. (415) 392-4650 jexposure to K a is e r G y p su m products [before 1969. You m ay think it does or wish th at it does but * 1 | don't believe that rt does. I don't think Mr, Pickner was c s; able to pinpoint any exposure in those years and [certainly j Pag* AA j o neither of his th re e brothers were able to j do so. (2) MR. BERGMAN'. I'm just very Page 3s to Page 4j 05/20/00 13:24 TX/RX NO.0435 P.008 82/13/01 0 9 :5 0 KMES8 14104482368 N O . 072 P0Q9/021 Jh ck n e r vs. Owens-Coming Joseph Ross Hobby 1 1 concerned at this a t point that, you know, we've gone to considerable expense to ; P age 4fi yiWAXfH/8) come down here to take a deposition. We . i-i products were manufactured here !j 21 G, Okay. Okay. Could you describe jfor me mi briefly what then Joint Compo> ` have put this ;*.* deposition off on numerous Where is it? No, 4 isi I believe. Powder is and how it was m used? And"" " occasions. The deposition ;s> dearly seeks ! V ,, BERGMAN: Mrn-hmm. Well why 1referring to the first item on Interrogatory information regarding products manufactured !don,'kwe do the best w e can. f mean if we i ISI 4 - on Page 4 of your response to ' prior to 1939. And we have a witness could stipulate that Kaiser isi Qypsum interrogatories. who can't answer that :ei question. And imanufactured a product prior to 1 9 5 9 j think | is> A, Weil, th e jaint c o m p o u n d through no fault af his own. Ithink he's, rs: that i> Could move things along, 1referenced there cam e <) in a powdered you know, doing a yeoman service but ; <">> M S . M C K S O N ; I w o u ld be happy to form. apparently was not :ioi prepared to do that :stipulate to to that. i !91 Q- And what was it used for? And Ithink that's cJearty within the :::i scope MR. SERGMAN; `O-'kany., *All nrigght. JI think j 1si A. Well, it w a s typically mixed of both Rule 26 and my notice. So I'm goino ! wouldsatisfy things and get Mr, with water to ::oi form a slush, if that's to d D th e iiii best Ican to continue with this iu ^ ori tn Pisces he'd m i much rather the right term, and that w a s then u ;i examination b u t I'm going r m to note at this j , Q ,.HBlMi. .. applied to the various su rfaces o r joints, point rorthe record that I am quite no . u - 1d llke to Street your attention m i Q. What about, and then after it concerned that through no fault of the witness j?,TM' '^ ^ '^ ogataryN o. 4 was applied to 1 1 3 1 surfaces and joints was oouurr iu's5)) eerxaammiinnaafirnopn, hn=a^s been hi--a-m--p--e-r-e..d 1,1<' MS. JACKSON: With regard to vour any other w o rk d o n e to it o r <1 :1 <-3i MR. PETTY: Waft, iw m a ju rt ' *slittip,it*ui--_l-ia-it-mi-o-n---u---s-) <yom.u.'r_=e aasik.vin. giTif iK\aiser modification done to it? respond to that :1 1) if you want to make statements for the record like that, I :bi . wypsum manufactured joint compound ui 'c o n ta in in g a s b e s to s pn'or to 1969 as an 1 15 1 A- Well, I`m not sure I understand your question <i> but -- I don't think it should be clear that our discovery Ioverall background 1 1 - 1 question? understand your question, obligations are i: defined by the civil rules ii,-e: MR- BERGMAN: That's correct and framed by the facts of the case. : Counsel, ' j :1' : Q- Okay, m try to move on and then Icome back uei to this in more detail later And I mean i think you've been shown great la titu d e i s ij here in allowing you to ask ` ' 1 W!S` ^CKSON; Not concerning the Seattle imi plant, 111*' 1 <201 A. Okay. ' Q. And then what was the finishing questions about Kaiser Cement, a c ;j 'in MR. BERGMAN; That's correct. jpowder that 1 : 1 1 KaiserGypsum company who's not named mthis case : MS. JACKSON: All right Ahd that's j manufactured? whose products are not :iii even the type of what we ;2;n can advise you j i-t> a . T h a t w a s also a white powder products at issue in this case, and if you : ! :!' i i R' BERGMAN; Okay, that's fine. 1that would have 12a) been mixed with - ' p Continue to persist to ask questions that ; %Y l Q- &you could fook oh Page 4 water typically to form a paste that was are well beyond i:si the scape of discovery I o f the * jt' ' ) use<1 in the finishing aspect of toe think we're going to have these ` Page 47 ;wallboard construction t:s) that you `described. Page 45 f interrogatories. Cm going to ask you m kind d? problem s. ;some questions (21 regarding these Page 49 ;: Now there may be some legitimate :products. First of all, would it be fair to (3) id Q. And would the Finishing concerns that (a; we both have and we should try to move ahead, ironthem out m jsay that the six products listed on Page 4 of [ K a is e r u ; Gypsum's response to plaintiffs Compound Powder then 121 com elsterin thetaping process than the joint compound and get what you can get done, jimerrogatones are joint isj compounds? (31 powder? accomplished today. I mean isi that'a n j think we need to be doing. But you need to ; ' 3' A. They are not all joint .compounds. (4! A. I understand that it would. <a> Q. Okay. be isi guided by the facts of this case and the allowable scope o f it; discovery and !y i Q. Okay. Which o n e s would not b e ;joint <s; compounds? 161 A. Keep in mind that 1'rr. not 2 works --it) craftsperson. also what the obligations are for die witness : , 51. Well, No, 2 is identified a s a iFinishing not compound. ibi Q. Okay. One-Day Joint Compound is) to know in response to your notice which , Powder. How did mu that differ from the first think we've ,,, already determined you only `i'" , , J Q. What is the difference between a listed about 2S npaoges of 1n1.0n1 drio,-c,-u,TMme_n.t_s_a_nd, Jon' -- compound and a finishing two products that y o u just t: t> testified to ? compound? " 1 '!-) MS. JACKSON: if you know. you want him to be able to talk about a bunch : : 1 of other documents that you didn't I ! . - 1 , A ' We"' * 3a'n- rm n?ta n expert , ^ THE WITNESS: I don't know exectly, II don't cut know -- do you mean in sp ecificaily -li-s-"- and I w a s im t'rvy'in-ga t*"o miseirceilyy IrfeiSsapuQond to chemical makeup? I - ) MR, BERGMAN: Aren't you sonvyou '.yi o0u!1'r' ?quUeessttiioin>-. Buutt II think thaatt -15-.- aa , fr4) MR- BERGMAN: Q. No sir ju st didn't go m i to lawsehool, Mr, Hobby? ;finishing compound is used during a jdid, how w as si that a different product 1 ' ' : aTmfHt EmW1 I1TNmE.S..S: Yes. No., ` AF'Aivraeen0t14p^hdaa.se--:o_f1t--,he -1-i-i . ccoonnssttrruuecti!on jthan the first two that you've r . n testified MR. PETTY; We are than a joint compound. to? MS. JACKSON: I'd just like to advise 'sure tha?'. kay-Af1d ' jUSt want tD make h '7) A. I ca_n su_rmise that it was counsel that to move the process alone n the spirit of cooperation <ie; if you w ou ld - we re --l mean counsel and I Imade certain agreements prior to this chemically com po sed ::s; s o t h a t it s e t Iup faster. refer to our answers to interrogatories you deposition and Iwant to make sure that 1 \s: mi9ht be enlightened as to the years :honor ihem, 1Powder?' And ThrCe Purp0Se Co")Pound p rio r to 19. Ithink isci 59, or if in faetthe : i - " Would a finishing c o m p o u n d b e u o i a . 1 th in k it h a d p u rp o se s where question was asked and we answered it - - not to your satisfaction we have not :something that <321 was used in the process :of taking two sheets of sheet rock 2 i; and it, that 1211 extended beyond ju st the [joint application. been notified that that response. was insufficient C T S f'ism0c,(h-ic"nt betw een the two. or would it have Sam e o th e ra p p iia ,^ ^ b l^ Q' And what purposes would thosr MR. 3ERGMAN; Is there a specific interrogatory, Counsel? - wnat M S . JA C K S O N : Ithink you asked us Page 44 to P a g e 49 general S' *^a t wou,a be the a p p l i c a t i o n P age 48 (415J 392-0650 i C3| A, 1 understand th e y , a lot or i ti,,m,es th e re w--e--r--e--n--*--t nails and ?s tkaap|iliees lana Dtner com ponents that were used to lay :;si out the wall that this w as used to cover in addition to the Tooker 4 Antz 05/20/00 13:24 TX/RX NO.0435 P.009 B2/13/01 09:50 KMESft -> 1 4 1 0 4 4 S 2 3 S 9 NO.072 P 0 10/021 o joints. Page 0 Pickner vs. Owens-Coming Jo se p h Ross H obby (then? Or let 11/4/3$ : Page 54 *MAX[Sr c i Q. ) understand, And Dual-Purpose I P a g e 52 !SI about and I'm inquiring into K a is e r Pre-Mix (?) Compound? A- T he prim ary d ifferen ce h ere a s ) u n d e rs ta n d it is has to do w ith the, w ith th e fa c t th a t it w a s a p rem ix ed is; co m pound a s o p posed to a powder. Q' by premix com pound, in other w o rd s.it isi w ould not have to b e mixed u p ? c i A. it w o u ld g e n e ra lly c o m e in a bucket or a n o ; plastic container w here I m e rephrase it, W hat w as the Gypsum Association at the time :i that Kaiser Gypsum w as associated with it? is; A. I d o n 't know how, l d o n 't know how to a n s w e r i> t h a t Be m o re specific. ii! Q. W h atw as its purpose? f5> A. I g u e s s its p u rp o se w a s to se rv e its m embers. . i d Q. Okay. And who were its jGypsum's involvement in c> the Gypsum ;Association and m y previous questions were ;just (3; prefacatory in nature, A. Okay. |( i i Q. W as th e nature of Kaiser ;Gypsum's involvement <s> in the Gypsum Association? Iunderstand that's a broad j question but hopefully w e can hone in from there. the w ater had already been added so !i;! you d id n 't have to physically do the m ixing. .'12> Q. And how about Pre-mix Topping Compound, w a s --3: that the premix | members? I !a> A. ! c a n a s s u m e th a t th o se | m em bers w ere generally tsi m ad e up o f those people th a t w ere in the gypsum industry. j 181 A. Well, a s I u n d ersta n d It w e were a m em ber, ; ,!fl _Qj And did Kaiser Gypsum attend Im131e1etingAs. ofIthhaev;eioni o GdyirpescutmknAoswsolceidagtieono?f equivalent to Finishing C om pound Powder to :: s i the b est of yaur understand knowledge? tlM A. T h a t's my u n d e rs ta n d in g . ('si Q. Okay, !`m going to ask you a ltte more n-> questions aboutthese products in question in g e n e ra l but I tiS) warn to b e ! ,13t Q' And do you know any of the other Im em bers of f-i ; the Gypsum Association Ibesides Kaiser Gypsum? i ,12> A. I h a v e n o p erso n al know ledge. (13) MS. JACKSON: Clearly it's Outside tthe seope ni of the notice, w e're talking ,that but we u i; probably attended as im em bers do. *.33) Q, Who a t Kaiser Gypsum, and by `that i don't mean t i o the individual, but ;what entity, what officer of Kaiser m : lGypsum would have been responsible for com pletely fair h ere. Would it be fair to gro u p about Kaiser Gypsum, Certainly (isj riot any imaintaining or :i=i attending m eetings of : t ; th e s e ati in joint co m p o u n d s or I-- iother companies are at issue here the Gypsum Association? i-m A. W ell, it w ould d e p e n d w h a t th e question w as. <:-> Q. Okay. |<ti MR. BERGMAN: Q. W ere other | manufacturers of in gypsum products Iinvolved in the Gypsum Association? ! :'-5i A. I d o n 't know th at an y o n e would have had a (ibi responsibility to attend, :- 2* A. B ut if y o u 're ju s t talking a b o u t the a c c e ss o ry re;; com pounds would f (3fli MS. JACKSON: Objection, outside jthe scope of tiP t the notice. .lis t Q, Who would have, who, which Kaiser Gypsum ':? ! officers would have s a y w e c a n r e f e r to th e m a s jo in t ;;<>> com pounds. Q. Okay, And so then if you could once again Page 51 ('-) look with m e on P age 4, No, 1 through 4 would be. would have tzi to b e mixed with water, and N as. 5 and 5 would come 3> 6 THE WITNESS: I can assum e so. i mean I know itii w e w eren't the only jmember. | i3S> MR. BERGMAN; Q. Okay. Do you ;know how many <23> m em bers there w ere' ; f-'> A No. ' } O. Do you know w hat the Gypsum Association did .attended meetings of the Gypsum o i; Association? '32) A. From tim e to tim e a n y o f Them might h av e 23) a tte n d e d , i i..ci Q. Okay. Did the Gypsum :Association conduct, d id (3S> K a iser .Gypsum participate in any joint research :efforts in premixed; is th a t correct? P sge 53 : P a g e 55 !1` A T h a t's my u n derstanding. )f ) Q. Okay. Would the application of th e joint si com pounds, and i'm now talking about merely ju s t for the cu sake of expediting this, between sh e e ts of dry wail, would tai the application a s opposed to the :u during the period that Kaiser Gypsum w as a m em ber of that i2t entity? 13J A. W hat it did' t> Q. Yes. A I don't understand that question. j;ii conjunction with the Gypsum :Association? A t d o n 't know. . : (3' Q, Did K aiser Gypsum receive ,publications from (-') the Gypsum ;Association? mixing of th ese six id products be similar? A. A s Tar a s I know , yes, it) Q, Iw ant to turn briefly to a subject matter (i2 > regarding, that rfs been identified <si Q. You'd indicated its purpose w as to serve its <7> m em bers a n d m y question is what did it do in service of its isi membership? I (5) A. t d o n 't know . I w ould a s s u m e jth a t w e probably re> did a s m em b ers, would receive publications th a t w ere :sent id out to all m em bers. in our deposition !:?; notice and that is the Gypsum Association. And then I'll tiii turn back to th ese products in a few minutes. If you would c s i please, look on your answ ers to our interrogatories, No. 1 0 . i ') A W hat page would that be? 31 : Q. That would b e P age 6 . Your interrcgatory :i3> indicates that you believe that Kaiser Gypsum was a m em ber in o f the Gypsum Association from approximately 1952 to !33i 1 970, is that correct to the b e s t of your k n o w le d g e ? - I A. Y es. Q, W hatw as the Gypsum Association, sir? 1 ^l" W d | , | b t j ia v e t h e g y p s u m Association Is still in existence. W h a t is the G ypsum Association Tooker a Antz <r> MS. JACKSON: Ifyou know. [(01 MR. PETTY: H e's not fating offered ja* Gypsum in Association -- j `-01 MS. JACKSON: Right i :`-3j THE W ITNESS; I don't, you know I havener m i seen the bylaw s ofthe Gypsum Association or anything.! m i d0 know that .they prooably had meetings to discuss issu e s of (3=) industrial importance, j :iii MR. BERGMAN: Okay and -- jj / " ' A- And l`ve never seen any o f or <25/ snythino , O. Okay, ` I " 1 ,,A\ 1m sa^ ng 01011 l>m speculating jIa(2c3t1uallyM. S| .(J;A:)CKshSoOuNld)nY'tedaho,th a t |i=i MR. BERGMAN: a . Okay. And ju st jresponding o&i to counsel's objection which 'is well taken, I'm concerned {415} 332-0650 : (8i Q. Did the Gypsum Association conduct any (s; rese arch into hazards :associated With a sb e sto s to the b est uci of your k n o w le d g e ? : :- 1J A. I d o n 't know. I.'" * Q- Did K aiser Gypsum participate 1in any research ' : with the Gypsum Association referring or relating to the i:-si hazards associated with asb esto s? i (iil A. I d o n 't know, ji:i Q. Dip th e Gypsum Association - well, insofar as (H i Kaiser Gypsum was :involved with the G ypsum Association, did | (9) it receive any information relating to thermal insulation 1t d p r o d u c t s a s opposed to ovDsum products? j'- 3) MS. JACKSON: Objection, outside Ithe scope of ic:i th e notice. There's no indication that K aiser Gypsum ever Page 50 to Page 55 05/20/00 13:24 TX/RX NO.0435 P.010 02/13^01 0 3:51 KMESft -> 1 4 1 0 4 4 9 2 3 6 9 NO.0 7 2 P0 1 1X031 Pickner m anufactured or your client was exposed to any products entitled gener/eally "thermal insulation" from Kaiser c s i Gypsum. i-S) MR. BERGMAN; Q. You can go ahead and answer. Page 56 A. I have no direct knowledge w hat we m ay h a v e i;i received fro m the G ypsum A ssociation. My response to y o u r (3i ea rlier q u estio n is I'm su re a s vs. Owens.Corning Joseph Ross Hobby ;technical bulletins? i : l ' ; A, Yes. : .20) ^ MS. JACKSON: Can I interrupt you ijusr for a t;i> minute, Counsel, becau se | again the notice has designated is:: 0325 :a s the document you wish to inquire on, and !we have not ;22i been provided nor did we !anticipate that the 326 and 327 i which are not on the notice would be inquired on. So to is s i th a t extent the witness has not seen these two pages before. 11/4/98 XMAX10I101 ; and then my letter of Septem ber 29th its, | clarified exactly what w e were seeking, intended a w application. And l`m trying i__ find out how Kaiser G ypsum rcoj intend*..... ,its asbestos-containing joint com pounds to Ibe (2i) mixed. | A. I'm n o t s u r e i can a n s w e r --! d o n 't know w h at itii) y o u w ant fro m me. You know, I'm trying to an sw e r y o u r icti 'question. i Q. I know you are, sir. m em bers w e received general P a g e 56 inform ation. I have never seen a it) MR. BERGMAN: Okay, i Page so d o c u m e n t th a t c a m e from 5; the | a ; A. W e h av e a p o w d e r and w e have Gypsum Association that com es to my i Q. Id like to ask you som e questions, w a te r a n d th e re 's 121 directions on the mind. jsir, on, (3> and, maybe if you could refer in bag. jconjunction with Exhibit 6 tc; to Exhibit 4 . 'I Q, Okay And are you aware, do you j a : Q. Okay. know whether or not the Gypsum !1r1s5f)erwwithithone atwnoothdeorc.um ents in conjunction i !i: A . O kay. N ow h o w they intend it Association had any invofvement with is> thermal insulation products as opposed to to b e mixed, l a i d o n 't know how to ioj MS. JACKSON: Do we have Exhibit 4 ? answer that. gypsum products? ji <' 1 1- ' THE WITNESS: Exhibit 4 did you say? ! iii MR. BcRGMAN: Q. I'm sorry, I Q. Okay, Let m e try to ask a few : t ` A . 1 have no personal knowledge. !misspoke. Page m 4 of your >questions then n> to b e a little more : -'J) Q. Do you know -Whether Kaiser j interrogatories. :specific. Gypsum received 11 : i information from the Gypsum Association concerning any tests I10) A- A n d w h a t w a s y o u r -- Q- Ijust wanted to direct your ! A. Okay. I (i! a . W as it the intention of Kaiser ' -- * conducted on the sa fe levels of asb esto s exposure of gypsum _2 > attention to the a : i products that were listed 1[fGiryspt fsouumr ,parondducatosi liastgeadininI'(mUlrefyeorurirng to the products? on Page 4 of your interrogatories cui and then look at the Kaiser Gypsum. interrogatory answ ers, th e dry compound, :i J i A. I have no know ledge. I've never '*' > A. Okay. was it the 112) intention th at they be poured se en a < '-5! docum ent from the Gypsum j out of a bag into a b u ck et of ;iii w ater? A ssociation. Q, Sir, I'd like to direct your attention ,!') A. I don't know. Il i 1 Q. Sir, I'm handing you what has to 'le i Products 1 through 4 on P age 4 of ; :1SJ Q W as it the intention that Kaiser been m ark ed as u ` > E*hibrr6, Mr. Hobby your interrogatories. And u t i if you could describe in as great detail and as extensive ; Gypsum dry t is i jo in t c o m p o u n d s b e mix''"' with an eleetrie mixer? you're looking at your watch. Did uni you want to ta k e a break? 1** detail a s you can the process under ! t : i | A. I d o n 't k n o w . !1S,) A. I w a s thinking m aybe a break, iwhich I'S) asbestos-containing joint Q. W as it th e intention of Ka ise r short b reak is:) would be - ' [compounds manufactured by Kaiser 1201 [Gypsum, Were ns) th e re any directions ' ' - 1 Q' I have about two or three more j Gypsum were mixed. W hai w as the intended I'p' ro,cess for m--ixliAnBgia1c2r:1uyKpasiusner Gypsum jgoverning or instructing th e users of (201 minutes on this <2ii subject matter. - 3) a . Okay, Iasbesras-containing joint compounds? !Kaiser Gypsum asbestos-containing joint com pounds t n how to (2ii mix up the Q. A n d then w e'll take a break. (-*> MS. JACKSO--N : O--b"jjectionI,,TvBaUgtue. 1pro duct? -- I A. T h at's certainly - fAre you (22) referring to at a job site or I --2I MS. JACKSON: Objection, asked mixed in the m anufacturing'.an process? and answered, P age 57 fiin"al: MR- BERGMAN: Yeah, thank you for 1 ;23) THE WITNESS: 1don't know. There a) Q. D oes that work within your time were (24i directions on th e bag to the best fram es? 1 P a g e 59 of rr>yknowledge. Now i a s i haven't A. Iju s t n ee d ed to step o u tfo r a few m inutes clarification. Counsel, committed those directions to memory (fwe had a D) Q. Okay, Would you rather do it now? iGypsum i o i ? "T * f Kaisr :4' A. NNoo, leett'ss g o aahheeaadd ahndd ffiinniisshh mix up the pro1d*uc"ts?m pounds *"PPsed to J P age 61 what w e're .'6: doing. it; bag -- - MS, JACKSON: W hat again is (he I A. ( d o n 't knew . f i-) MR. BERGMAN: Q. Do you know exhibit .2 1 num ber? MR. SgflpSMAN; I'm sorry Counsel J 15, q . W as there a m anner in which (Kaiser Gypsum is joint compounds were jsupposed to b e mixed? that there were m directions on the beck sir? ' it's 325, ' i :il A. I've been to.id there w ere. Q. Do you know what this document ; ' * A . Ia s s u m e th a t th ere w a s s o m e IS, sir? s o r t O f IB) directions o n th e p a c k a g e on , ' Q. Okay, ; h o w to mix a n d w h a t q u an tities 1t; w ith : :i! A. And I w as a l s o told th a t th e re - AQ.- IAt nsdaywseirte'steacThneicchanl bicuallletBinuslletin.' :w a te r to get. an d th a t v arie s to g et th e 'necessary Hi) consistency that the w ere w arning r la b e ls on the b ag s. ;5; Q. I understand. prepared by :::i Kaiser jSypsum for the benefit of its custom ers? .craftsperson would be Jookjno for jii MS. JACKSON; Are you close to the end of your nat questioning? Q. Okay. ' A. i u n d erstan d they w ere. ' Q And w ere technical bulletins 2:1 A. Beyond th a t Cm n o t su re w h a t i : " ' MR. BERGMAN: Yeah I am, yeah ]Mr. Hobby. a:> Well, !>m not but Mr Hobbv prepared by Kaiser Gypsum for the ;y o u 're asking ::*> m e. has been very patient an d this a i : would oenem s of the users of its products? i.< . . WeB ' Qur dePpBVoDsIiLtIiUaIn3 VafnlUd BaOBO=iinin 1 m not, Mr, t:S) Hobby, you're doing a great a fine time rof e break. Counsel, Inave 1' *1 A . T h a t's m y u n d erstan d in g . some n o th in g s to sa y on the record but Mr. Hobby doesn't n e e d to be ca> that I * Ore.umg n . c . L Z l S . belabored by that PQs 55 to Page E1 (2J: THSWITNES S: Well, I'd like to hear (41S> 332-0650 TooKer & Antz 05/20/00 13:24 TX/RX NO.0435 P.011 02/13X01 0 9 :5 2 MESA 1 4104482369 NO.072 P012/021 Pickner vs. Owens-Corning Jnseph R o ss Hobby 11/4/38 MAxnm- ( m MR. BERGMAN; Go ahead and take your break, lie! You deserve it. :n> THE WITNESS; Okay. t i rJ! sHE VIDEOGRAPHER: Do you want to g o off the (2i> record the video record at this time? ; " ) MR. BERGMAN: Let's go offthe record entirely (Si for a Iritis bit THE VIDEOGRAPHER: Off the record at iiii a.m. P age 62 fii (Brief recess). <=' (WHEREUPON, PLAINTIFFS EXHIBITS 14 THROUGH lit 17 WERE : MR. PETTY: And how are yog ,showing it in this itsi deposition? tiii MR. BERGMAN: Okay. Let's break fora, lets u si ju st break for a second, I'm jusing a video monitor showing :ts> t to the witness, it's not being dubbed onio the tape .in cm any m anner. : :;n MR. PETTY: That's w hat I wanted to ;insure and l i s t would like to m ake sure that Iis the case. j :z3i MR, BERGMAN: Yeah. That is the jcase a n d - t i n that is the case. i i-*i5> THE VIDEOGRAPHER: Do you went iTo go off the i Page 64 the intended m anner in which Kaiser i;s> Gypsum joint com pound w as mixed? r in A. I h av e n o direct know ledge of th a t As I us) indicated before the break, you know, I'm n o t a c h c ra fts p e rso n . 1 noted that the b ag s had direction on them . 1201 1 d o n 't know If th o s e w ere g y p -c o m p o u n d b ag s o r not. But :::i they had directions on them . This appeared to b e using a it: 1 m ix er in o n e c a se , ap p eared to be h an d mixing in another 1:11 case, it would seem logicai that som ething along th o s e ii<> lines would h ap p en . B ut I'm n o t su re I c a n an sw e r lyour issi q u e s tio n in th e affirm ative. MARKED FOR IDENTIFICATION), h i THE VIDEOGRAPHER; Back on the record at si a.m. ii> MR. BERGMAN: Q . W hen we broke, Mr. Hobby, we n : were discussing P ag e a of your resp o n se s to interrogatories ia; and we w ere discussing the m anner in which these four bagged in or dry joint com pounds w ere mixed up, and I believe that you cfl; had indicated that you didn't have absolute knowledge on m s th at We discussed with your counsel in recognition that a long time h a s p assed. Sc I don't w ant you to at all feel !:j> like I'm pressuring you for an answer, Mr. Hobby. If you cu i don't know the answ er to the question well just take it at ;i s 1. that and if your lawyers an d us have to ta k e something on net later on, that's fine. Iju st don't want you to think for a i111 minute --you're obviously working very hard and you're in a cai difficult position and I d a ap preciate that, air. W hat I'd like to do atthis time, Mr. Hobby, <201 Isshow you a videotape that h a s been identified in this iiii c a se a s one oi plaintiffs exhibits and the videotape shows i__ i mixing up so m e Kaiser Gypsum joint powder and first I'd just ;2i> like you to look a t an d then I'll have so m e questions to ask f^ii you about it. And thatvideotape is designated as Exhibit t i 14. And I'll have a few questions afterwards to ask you P a g e S3 ! tn record? i izi MR, BERGMAN: No, let's stay on the record. j t-' ' M S. JACKSON; Can you identify for us ,where :n this tape cam e from if we don't Jhave Exhibit 14, where the is ta p e c a m e from, who m ade the tape? Do you have som e ii informational issu e s for us? in MR. BERGMAN; Sure. Itw as a tape that w as iai m ade by Dr, Longo, my ,associate, the tap e it's on, and rsi identified jin the discovery in this case. Itw as my noi associate h a s paired it down to about four or five minutes t i : i but of course all of them are a v a ila b le a n d have b ee n ( available for your review. , MS. JACKSON: Okay, So this is an edited " ci v ersio n i ii> MR. BERGMAN: That is correct ;*> MS. JACKSON: --of a tap e marie by Dr. Longo, iii> MR, BERGMAN; T hat is correct !'-> MS. JACKSON: Okay. t-3) MR, PETTY; And I ju st would not [necessarily faoi accept your representation jthat if b een produced in i t z i d is c o v e ry in this case because I believe l have propounded 1221 Kaiser Gypsum specific [writtendiscovery toyou forwhich 1:51 you provided answ ers and even supplemental janswers but I do <2:1 not recall this videotape being described in anyway, shape <2s1 of form in those responses. P age 66 11 Q. Is there anything that you Saw in that tape o that ap p e ared to you to be an incorrect u se of a Kaiser ($1 Gypsum joint compound? <<1 A. A gain I h a v e no direc t know ledge o f th e u s e a s isi itw a s intended back a t th o s e particular point in tim e. I si think 1 co u ld g o o u t an d ta k e a sa c k of m o s t any p o w d ered r' i p roduct that was on the m arket today and duplicate that scenario, and I guess y o u 're referring prim arily to th e et airborne -- tioi Q. No, actually, sir, I'm not. i'm not referring 1111 to th e airhorne matter in th a t I'm referring more to the i t ; 1 m anner in which the workmen or the individuals depicted in 1121 Exhibit 14 poured the joint compound into the bucket and m i mixed it up. (15) MS. JACKSON: Insofar a s the witness h a s not ci.> s e e n this ta p e b e fo re !we have m ade our b e s t efforts to ii"i comply with discovery requirem ents in the State of 1131 W ashington. Ithink this is outside the scope of the us-i notice, l think, this lacks foundation, and I wish you would ' u s: move along on so m e of th ese topics, (in MR. BERGMAN: Q. Wouldyou tike to see the (221 ta p e again, sir. MS. JACKSON; No, spare me THE WITNESS; No, rib, r.i regarding that. -- ' A. Is th e re anything I'm su p p o se d to focus op? Q- Why don! you just watch it and it's ab o u t two \;i or three minutes long A. Okay, Q. Watch it as b est you can and if you want to i"t s e e it again or something that's fine as well. ' MR. PETTY: Matt, what videotape is this? You :!ii said something about Exhibit 14. t : MR. BERGMAN; It's one Dfth e MLS tapes, Page 65 i :i> MS. JACKSON; l g u ess insofar a s ifs .an tii exhibit to the deposition w e would ask jfar the Copy cu reflecting the edit to b e -- :give it to us. j MR. BERGMAN; We'll give to you. iThat's fine. j i5) MS. JACKSON: Yeah. Okay, its; (Videotape being shown), J1-1 MR. BERGMAN: Okay, let's stop now, ! (8> Q. First of ail, Mr, Hobby, would you like to se e tvi that tape again? i-o> A. I m a y a t s o m e p o in t Right now (25! MR. BERGMAN; Q. Okay. Ig u e s s was there P a g e 67 it: anything, I understand this is 20 years later but b ased on :c: your knowledge and b ased on your preparation for this <ji | deposition and b a s e d on our d ep o sitio n j notice was there i anything that you saw [that the individuals on Exhibit 14 did iti in Imixing that joint com pound that appeared to you to be an H i inappropriate dr improper application of K aiser Gypsum t<: products? '81 MS. JACKSON: Objection, Objection, MR. PETTY; | don't know that I've ic :-.i; uAiev ifii* is one tnat you show ed in another deposition. t : ; MR. 3 ERG MAN: It's not, I haven't shown it in i:*; a deposition. T o o k er & Ante in Q. Okay. a. untu 1know I n ask. Okay. My question to you. sir is after n - i reviewing that ta p e designated a s tExhibit 14 d o e s that m i a p p e a r to you to be (415) 39241850 ' pads for o i speculation. This witness is not Offered to testify a b o u t appropriate or inappropriate m ethods to mix product and t`m it; not going to let him ansv/er that question. I (12: MR, BERGMAN: Q, Do you know Page 61 to Page 67 05/20/00 13:24 TX/RX NO.0435 P.012 02/13/01 0 9 :5 3 KMESR 141044823G8 N O . 072 P013/021 a&A Pickner ihe :iii appropriate -- ' ; Counsel, are you instructing the witness not ttsj to answer? :ioi MS. JACKSON; I am indeed. ;i MR. BERGMAN: And the bssis of that, if you lie : would, is that is was not within the scope ofthe -- t.V; MS. JACKSON: Outside the scope D f the notice, <201 lacks foundation, cells for speculation and we are not toil offering him as a w itness as to the appropriateness of the m ethods that whoever it w as in the tape, used to mix products. j; M R , P e TTY; Matt, y o u should know I m in a 2 5 . difficult position. I can't se e your videotape over the P ag e BE vs. Owens-Coming Joseph R oss Hobby the step s and we've kind of iiii gone ;through one step of the mixing and now I'm ! w o n d e rin g a n w h a t the n e x t step would be. I A. I'm trying to b e resp o n siv e to you. j ::s> Q. 1 understand. 1 lit) A. You u n d e rsta n d I'm n o t a jcraftsperson. I tic; understand the ;m aterial w as applied, okay, there may h av e !2ii b een a ta p e ap p lied a t s o m e 'p o in t in tim e. T h ere m ay h av e <22: b e e n som e sort of smoothing that occurred. D epending on izsi w h at th e final in te n t fo r the waboard may have been, there (2<1 m ight h av e b een s o m e s o rt o f a p ain t (applied o r te x tu re 251 applied. It w ould 1v ary from e a c h a n d every jo b , would vary. 11/4/98 XW4XJ1/12) MR. BERGMAN: Q. 1S64to1B7S, ! ::<l A. I d o n 't know w h a t K aiser G ypsum knew reg ard in g <> ___ ;requirem ents for sanding. - .... ! ;1S| Q- Okay, t'm going to show you a little bit more 171 of Exhibit 14, I understand ;there will b e s o m s objections ns> to those and I'll have a few more questions to ask ;yeu (isi regarding th a t You need to turn it on. ; *i2*i (V id eotap e b ein g shown). i !2.m MR. BERGMAN: Why don't we s e e if we can turn 22 the sound off. i - i ) THE VfDEOGRAPHER: All the way i down? j 24) MR. BERGMAN: Yeah. ! : : : > Okay. That's fine. i': phone and I'm a little surprised that you're using a tape 21 that you would not have produced to me before today. ,s: MR. BERGMAN: 1 thought you'd be here, Ken. <; b u t - is' MR, PETTY: S o you intended to Surprise m e (> there today in person. MR. BERGMAN: Q. Do you know, Mr. Hobby, isi whether in mixing Kaiser Gypsum joint com pounds it was is-i intended that the material be poured from sacks into 11 .-: buck ets? r;ii A, I d o n 't know a b o u t your u s e o f the w ord ii"! "intended." Iwould suppose that material may have been fill p o u red but th at would have been an individual decision by in the crafts person. Q. Are you aware of any instructions by Kaiser u s i Gypsum to its customers not to pour joint com pound from a r.-*> bag into a bucket? ,1!; A. I am n o t aw a re . 1 -! Q- Can you now. I'd now like to broaden my (io; questioning directing your attention to Page 4 once again of :;u resp o n ses to interrogatories, to all six of the p ro d u cts 1 listed on that document, and ask if you ca n describe how t;3i once mixed, Kaiser Gypsum joint compounds were applied to 2i walls of sheet rock? ' : i ` A. How th e y w ere applied? P ag e 69 j P a g e 70 Now 1 d o n 't know If th a t's re sp o n siv e to you b u t I'm trying 12: to be. <-! Q. Ithink ifs quite responsive, sir. You I testified there w as a smoothing that would go on in this is) process? >n A . T h e r e m a y be, 171 Q, "May' be. Can you describe w hat that smoothing is> would have been? ti> A . Wetf, i think th a t can v ary fro m a trow el no application, a trow el, to b asically ta k e d ie lum ps o r often 211 w hen you p u t a m aterial like th a t on a su rfa ce , you know , it 22 lum ps or it | tends not to be evenly applied. You m ay 'use a m i trow el. You m ay u se a sa n d in g idevice of som e sort, 9 1-) Q, W hat kind of a sanding device would have been (i5i u sed ? f :-s> THE WITNESS: Again that might j 1-7 MS. JACKSON: If you know tie THE WITNESS: That would vary by application. j ii> MR. BERGMAN: Q, W as It ;anticipated by Kaiser to n Gypsum that dried .joint com pound would be sanded, i <2 - A. I d o n 't know th e a n s w e r a b o u t [w h at K aiser 122 G y p su m 's an ticip atio n ;w as. ( Q. Would It have been proper to isand dry joint i2i; compound? ! ' J MS. JACKSON: O bject to the u se of the term ; Page 72 .it! Q. Mr. Hobby, does the sanding process that w as i2> depicted in Exhibit 14 a p p e a r to you a s a representative of n: :Kaiser Gypsum to be s proper u se of Kaiser |Gypsum joint in compound? i 5) MS, JACKSON: Objection, cads for 1! speculation, outside the ken of this witness. W e're not i7i calling him and joffering him to testify about the ia jappropriateness or the proper m ethods of .the u se in any is particular application. I'm not going to permit him to no answer. MR. BERGMAN: Q. D oes the [sanding of joint t'- 0> c o m p o u n d d e p ic te d o " Exhibit 1 4 , Mr. Hobby, appear to you to ; '-. be, and 1quote from the notice of .deposition, "T heintended m i application of iKaiser Gypsum joint compound"? I''l s > MS. JACKSON: S am e objection, j "6 ; THE WITNESS: Am I supposed to answ er?/V e t m gotten Confused. !<* MS. JACKSON: No. i i - M R . BERGMAN; You're instructing [the witness 1201 not to answer, Counsel 1!"1; `MS, JACKSON; I'm sorry, I'm making my 1:21 objection. I did notinstruct ` him n o tto answer, j !2i 1 MR. BERGMAN; Okay. ;:: THE WITNESS: i got confused, Give m eyour;25i question one more time. P a g e 73 Q. Yes. - : A. I have no direct knowledge on how th ey w ere `: applied. That would be, vary by craftsperson, ' Q. After Kaiser Gypsum joint com pounds were -1 applied to sheets of dry wall w hat w as the next step in m preparing or finishing the jcb ta r eventual painting? A. Well, ag a in that might -- - 1 MS. JA CKSO N : A ssum es facts not in evidence. On a general basis not allwails may have been painted, you ::s; know, - MR. Bc RGMAN: Q. I'mjusttrylno. mayoe you . can just, you know I'm trying tc work through ths scenario ;s: of how Kaiser Gypsum join: com pounds were used and I'm ; --1 trying to, you know, go through Page 67 to Page 73 I P ag e 71 ! ,;j "proper." Vague, 1 THE WITNESS: Iwould think in th o se . a circum stances in which I described where it w as n ecessary to sm ooth the ;application, there would be so m e method i?QS* ^ ly !'* usinS a trowel or possibly using .sanding or something like that to sm ooth ;tt o u t So it may be proper, it may not b e ',7 proper. is; MR. BERGMAN; Q. Did Kaiser ,Gypsum know that is: u sers of its joint Compound may u se sandrno a p ro c e ss to , j... sm o o th tn t dried material? 1 I'm g o in g to o b je c t m soferas . 12 What Kaiser Gypsum knew There is no time frame involved, (415| 392-0650 MR. BERGMAN; Q, I understand, sir. D oes the 21 sanding of Kaiser Gypsum joint com pound depicted in Exhibit i;, 14 appear to be the intended application of that product? MS, JACKSON: Lacks foundation. THE WITNESS: Well, again I don't know when it; this film w as m ade, whether it w as m ade in 1970 or not. ! ;7 , sort of jdoubt it or in that time frame that w e're ;talking ta about So to the extent that this jfilm represents how it w as done back then, I m not sure, you know. If sanding wa i :!:; n K K s a r y c o s i s . t h v w r k n in ly th e ,method that these people used would :be one way to accomplish that. ; : : 2i MR. BERGMAN; Q, Okay, One of thetopics n it thatw e've designated has T ooker & Antz 05/20/00 13:24 TX/RX NO.0435 P.013 92/13SQ1 09:54 KMESR + 14104482369 NO.072 P014/021 BSA Pickner been sa le s of K aiser Gypsum joint n o com pound in Portland and greater V ancouver area. And can tiS) you, was there any single entity that distributed your i is: products in those geographical areas? '~> A. Entity? I`m n ot ~ '-'?) o . Company, :;5' A. Oh, Id o n 't know but I would assum e not (re/ IMS. JACKSON: I'm going to object that it's (cii vague, (2~> MR. BERGMAN; Yeah, I'm just trying t o g o c r i from the vague to the specific, Q. And how were joint compounds manufactured by c s i Kaiser Gypsum distributed in the greater Portland and P ag e 74 c i Vancouver are as? (-' MS, JACKSON: Could you ask a foundational (V, question a s to whether or not they were? (<' MR, BERGMAN: Q. Yeah. W ere K aiser Gypsum ts> joint compounds distributed in greater Portland and is) V ancouver a re a in the 1964 to 7 8 time fram e? ' *' A. Vancouver, Washington? -si Q. Yes, sir, MS, JACKSON; Insofar as you've ask ed for not information outside the years that th e manufacturer of th ese i-.i s products would involve a s b e sto s Iwould object to th a t <--> MR. BERGMAN: That objection is well taken, t i 3i Counsel. Let me rephrase that. !*41 Q, W ere asbestos-containing - well, w ere Kaiser its) Gypsum joint compounds manufactured by --were Kaiser Gypsum r.si joint com pounds distributed in Portland and Vancouver ti?) Metropolitan areas betw een 1954 and 1 9 7 5 ? - a ; A. Yes. 1'! Q- Okay.And can youdescribe the m anner in 120] which the products were distributed? irit MS. JACKSON: Objection, vague. 1 THE WITNESS: I don't know what you m ean by .33; manner. Did we sell them ? '5" MR, 3 ER G M A N ; Q. Ye*. /-* A. Yes. Page 75 ; : Q. Would Kaiser Gypsum sell them to, w a s there a ;si wholesaler in Portland and Vancouver Metropolitan areas (3) responsible, primarily responsible for vs. Owens-Cornihg Jo sep h Ross Hobby :<12: MS, JACKSON: If you know. j u3i THE WITNESS: Well, one oftwo jways that I in would imagine. One would , be that the consum er could go to a (is; j supplier and buy that. Or th ere may, the j contractor, assuming that's the ;consumer, may buy directly from the n ' j company. n ai MR. BERGMAN: O. Would Kaiser Gypsum s e ll c; si directly to users of Kaiser Gypsum --would Kaiser Gypsum rsoi joint compound be sold directly from Kaiser :Gypsum to 3D custom ers in the Portland ;and Vancouver area? - i <=S MS. JACKSON: A sked and answered, ;<23> THE WITNESS: I'm sorry, what did you say? (341 MS. JACKSON; I'm said it w as asked and (25) answered, You answ ered it. Page 76 m THE WITNESS: Yes. (2) MR. BERGMAN: Q. Okay. Would those p rim arily r)i b e large dry wall contractors? ) A. i d o n 't know a b o u t th e siz e of the is; co n tracto rs. (61 0 . Would they generally be dry wall contractors i< as opposed to householders !or small consum ers? w A. Well, yeah, I d o n 't think w e would norm ally (?) sell to th e p e rso n putting a d ec k on th e b a c k dt th eir h o u s e ;io) or som ething. B ut w e would sell to contractors. tm Q. Okay. Do you, and by you Im ean Kaiser <121 Gypsum, have any knowledge of ary of the contractors that iii Kaiser Gypsum supplied joint com pound to betw een 1964 and n o 1975? (15} MS. JACKSON: I object insofar as y o u u s e th e t: si w o rd "c o n tr a c t o rs ." ( don't Itnink we have any knowledge of ti' i what these entities are. What their businesses are .is not iS3) at this point knowable by us. ' (19) MR. BERGMAN; That's well taken, I:;") Q. I'd like to inquire whether Dr not Kaiser ;i:i Gypsum h a s any knowledge of any of the custom ers that bought iczi directly from Kaiser Gypsum joint com pound products in u ai the *64 to 7 5 time period? 1- <1 A. ` Yes, 1think w e h av e |. .k.n. owle-dge. (35! Q. W hat are som e of the so m e of the custom ers who 11/4/98 __XMAXna/t?j .on the greater area other than o?> whatwe talked about generally that there was distribution 121: in tMh,,e that area in th e years jyouVe inquired a b o u t * 1 M- -R-.--B--E--R--GMAN: Yeah, and a s I IIndicated this is 1131 not an area I intend to /spend m uch tim e on. A re there, have ;it; you prepared - let's go off the record for a minute. (15) THE VIDEOGRAPHER; This marks the end of ciei V ideotape No. 1, Volume No. 1 in the deposition of Joseph u t . Hobby. Going off th e record. The time is 11:46 a.m. u s) (Discussion off the record], *> THE VIDEOGRAPHER; W e're back :on the record. 1:01 At 1 1:49 a.m. This m arks the beginning of Videotape No. 2, e n Volume 1 in th e deposition of Joseph Hobby. (32) MR. BERGMAN; Q. Mr. Hobby, in preparation (33) fo r your testimony here today have you review ed som e of the n< 1 job sites that Mr. Pickner worked at and som e of the (2S> contractors that m ay have supplied products to those I P ag e 7$ !jii particularjo h tes? j :; A. Yes. i (3) Q. And can you tell me whether or not Kaiser to G ypsum supplied products, supplied joint com pound to any of ts> those job sites to the b e s t of your knowledge? j is: A. Yes. , <' / Q. And w h at job sites were those Sir? a) A. There w e r e none. si Q. There w e re none.None ofthe job : s ite s th a t ( ID) y o u reviewed in d ic a te d Kaiser Gypsum products were used? ' id A T hat's c o rre c t ici MR. BERGMAN, Okay, A# right At this time 112 why don't we take a break. I'll indicate the exhibits I n o want to inquire into and hopefully w e can carry on. US) THE VIDEOGRAPHER: Off the record at tis> a.m . ;i,) (Luncheon re c e ss, 11:49 a.m. to 11 :35 p.m.). liai u s ! (20) {211 t;:> (d i i--'t -- o O o -- c z i: j Page 79 | m (WHEREUPON, PLAINTIFF'S ' EXHIBITS 1BAND 19 11; WERE MARKED FOR IDENTIFICATION), o i distributing your joint compound products in the `64 to '75 tim e period? 5' A. The te rm "w holesaler" I'm not su re of. T here ;ei w ere certainly suppliers. 1 Q. Okay, W as there a primary or a principal ;s: supplier? Ig u ess let me try to put the question together (*i this way. How would Kaiser Gypsum joint compounds go from r:r<; the, g e t from the facto ry to the consum er in the Portland 0 1 : a re a in th e 1934 to '75 tim e frame? Tooker S Antz i Page 77 !(21 purchased joint com pound in the '64 to 7 5 period in to: Portland? (1) MS. JACKSON; J'm g o in g to object to the (4) question a s overbroad. My understanding in our conversation (5i of yesterday you were interested in inquiring as !to the 1-5! plaintiffs joh sites and suppliers that may or may not have 0 1 supplied to t h o s e p a rtic u la r jo b s i t e s , I think w e're (81 prepared to answer those questions for you but are not 19: prepared to give yog answ ers (415) 332-0650 (4) AFTERNOON SESSION ;5i November 4 , 1998 1:36 P.M. Til --0 O0-- id ) JOSEPH R. HOBBY i9i having been !previously duly sw orn, ! ;9i testified further a s follows;-loi (in ;EXAMINATION BY MR. BERGMAN (RESUMED) i 22! I r*3) THE VIDEOGRAPHER; Backon the record at 1:36 1 :0 p.m. (25) MR. BERGMAN: 0 . Mr, Hobby, (you recognize (13) you're still under oath? Page 73 fo Page 75 05/20/00 13:24 TX/RX NO.0435 P.014 82/13/81 09:54 KMESf) 141& 4 4 B 2 3 6 Q N O . 072 PB15/021 BSA Piekner vs. Owens-Coming Joseph R oss Hobby A. Yes. Q, Okay. Ifyou would, please, on P a g e 5 of your as interrogatories, I'd like to direct your attention to :20s Question No. ?. : li MS. STEELE: W hat number? |22> MR. BERGMAN: Question No. 7 . :2:) Q , The question is p o st had to Kaiser Gypsum: :2' > "State the date on which you learned that asb esto s p oses a h a z a rd to hum an A. For u s e rs ? t f ) Q. No, in _general. , lls * A In g e n e ra l? Y es, Would t say th e re w as a n 11$) aw a re n e ss . 20) Q, Okay. When w as that aw areness gained? i :2i) A. I d o n 't know. 22) Q. Okay, W asn't there a time prior to the early tii; `7 0 s when Kaiser Gypsum b e c a m e a w a re th a t asb e sto s c o u ld <2-1 a i health," Page so p ose a potential hazard to its em ployees? its) A Yes. .2' Would you please, sir, read the Second i /- paragraph of Kaiser Gypsum 's response? ! : A. "W ithout waiving sa id o b je ctio n s is; Kaiser G ypsum responds th a t it b e c a m e aw are is; generally so m e tim e th at the 197Ds the u se rs it) of so m e asbestos-containing building p ro d u c ts is) [could be a t h ealth - excuse m e] co u ld b e a t 1) risk of Inhaling q u an titie s o f respirable .isi a s b e sto s fibers sufficient to pose a ;:i) potential h a z a rd to their health.'' **2) Q. l*m going to ask you a number of questions, 1121 sir, concerning this question and th e response to try to r:< < flush out a little b etter Kaiser Gypsum's position, In (5) general it would ap p ear to me, sir, would you not agree, 125; that the answer to Interrogatory No, 7 relates to u se rs of lit) as&estos-eontaining products? ; id A. Yes. I w ould sa y th a t. 1 -) Q. Okay, I want to pose som e q u estio n s to you 1201 generally, sir. not with re s p e c tto users of 12:) asbestos-containing products but asb esto s in general. When ; * did Kaiser Gypsum becom e aware that a s b e s to s in genera! <-3j posed a potential hazard to human health? A. W hen did they first b ec o m e aw are? :2?: Q. Yes, sir. Page 82 jit) Q. And approximately w hen- 2i A. I've s e e n docum en ts that would :lead me to 01 believe that th ey had Jknowledge. I d o n 't know when they (i ; first had knowledge, j 4) Q. Iunderstand that, okay. Iwant to [parse out ts> a little bit more, if 1couid, sir, ;your response to n> Interrogatory No. 7 . It indicates that K aiser Gypsum becam e ibi aware generally sa m e time in the 7 0 s that users of its isi asb e sto s products could face a health risk, My question ta 1101 you, sir. is, can you be any m ore specific a s to when in , ai> the 7 0 s K aiser Gypsum becam e aware | that users of its tii> products could face a [health problem? j si A Well, | do n 't know . I h av e s e e n ja d o cu m en t n o w h ere w arning labels w ere put o n to th e ir p ro d u cts an d (25) [certainly th a t w o u ld be i g u e s s a point in .tim e certain tifi where there w as an 'aw aren ess. (27) Q, Qkay. And we'll g et to those documents later, u ei sir, but rf I represented to you that those docum ents a re ti 9) dated 1972 would that b e a fair statem en t? tit) MS. JACKSON: I'm going to object insofar as 1211 rf you have a docum ent that could help the w itness (hen I 122; would like for you to tell him. He was not employed by the (an com pany in those years and his Page 81 A. I ha we no idea. r-' Q- Okay. W as (here a time, was there a time that 01 Kaiser Gypsum b ec am e aware of hazards of asb esto s in g eneral 1- prior to the time it becam e aware that u s e rs of its asb esto s tii products could face a health risk? ' A- Well, I would an sw e r th a t ip this w ay, 1 guess. A sbestos is not a new toerm in th e d.ictio"naryr ,~ rsj* A'sb'eswtos* Was knowledge is from documentary ?2j; review. l2S! MR. BERGMAN; 1understand that. I understand j j i i > that, Page 83 | (2 ` Q. So it would be your testimony, sir, `that at :d the d ate and we'll p eru se those , documents in a few minutes, <; at the date Ithat the docum ents were generated by {Kaiser 121 G1iyrp-s-um- re-l--atViingjttwo wTvaerinitiiiniig^savoini jits products W&S th e dstd on is) which Kais^ Sw hSa tSit is. S o w hen our peo p le first b e c a m e aware, I c a n 't an sw er .101' that, taut --I d o n 't know if th a t a n s w e rs your q u e s tio n o r t n ; n o t I'm trying to sa y that a s b e s t o s w a s n 'ta hidden item :21 necessarily. ' Q. Right. And was there som e time prior ro the : early 7 0 s when Kaiser G ypsum b ecam e aware that asb esto s 2iSi could p o se a potential hazard to human health? Page 79 /o Page 85 ij ^WVJ PP - m moog^ ntee__(__i that ,i,tws pp .roducts c S T . i t ; potentially p o s e a hazard to its custom ers? j 2) A. Well, | w ouldn't c h a ra c te riz e it ;exactly a s si y o u 'v e said t h a t I w ould Isay th a t th a t's a point in tim e where I jha ve a docum ent that identifies that a t le a s t a t :ili th a t point in tim e there! w a s Ith a t a w a re n ess. Now w h eth e r or : i 2; n o t th e re w as an a w a re n e ss prior to that, if Isom ebody could tiai show m e a idocum ent then I would know. (415) 393-065D 11/4J98 rmax;uinti ; (i-:; Q, Okay. Looking a little bit more at your ii) answ er to Interrogatory No. 7, you indicate that Kaiser tit) Gypsum learned^ the 7 0 s that users of so m e ;7) ~-- asbestos-containing products could be at a " risk of inhaling n s) quantities of respirable , asb esto s fibers sufficient to p o se 12 a hazard to human health. (231 W as there so m e time prior to the early 1970s c n when Kaiser Gypsum becam e aw are that larger quantities of (22) asbestos dust could p o se a risk to human health? lij) MS. JACKSON: I'm going to have to objeetthat 12) the question is vague, overbroad, r 251 THE WITNESS: Ithink 1just answered that P a g e 84 tt; with my fast - the sa m e answer would apply that the issue, c i the quantity of asbestos fibers is not something that I can (2; focus on. I can focus on when we knew and we have at least m one document that says that we knew in, w hat did you sa y (5i 1972? 1) MR. BERGMAN: Q. Okay, 11> A, I'v e n ev er reflected o p th e quantity. I've (bj n ev e r se e n a d o cu m en t th a t reflects on th e q u an tity w h eth e r (5) there w as m ore or (ess. ii) Q. Okay. And I'm not trying to mislead you in a n any way, sir. I'm tryin; tD understand a Sttle b etter ('.;) Kaiser Gypsum's position and let me try to rephrase the a) question and se e if that helps. It may, it may n o t it tin would indicate to m e from reading your response to U5) Interrogatory No, 7 that there was, there is som e (IS) distinction regarding the quantity of asb esto s in (27) relationship to the human health risk. And I may have tier misread your interrogatory in that respect in which case <13; p le ase correct m e in that regard. But ft would a p p e a r as 201 though from that answer that Kaiser Gypsum may have been (22; aw are prior to the 7 0 s that a greater quantity of a s b e s to s (22) would have posed a human health risk. That may be a (23, misreading on my part. i2J) A. Well, all I c a n tell you is I don't remember asi our thought process w h en w e a n s w e re d th a t interrog atory, and P a g e 85 )-) I can't rem em ber that there w a s a, the issue w hat w o uld have 121 caused us to use the Word "q u an tity ." 31 Q. Qkay. So a s far a s you're Concerned you could (si just as easily say that Kaiser Gypsum b ecam e aware generally is> in the 7 Os that its products posed a hassrd to h u m a n health i-:i ana t, issue of quantities is irrelevant? <1. M S . J A C K S O N : I'm going to o bject insofar a s (9) you w ant to rewrite the answers to interrogatories. He s isi not To aker & Ante 05/20/00 13:24 TX/RX NO.0435 P.015 82/13/01 0 9 :5 5 MESA / 141044923GB NO . 072 P016/021 Pickner vs. Owens-Coming Joseph Ross Hobby going to give you a different answer than weVe already c i ; submitted. You can ask your questions, we can go from there. W e're not going to reansw er the interrogatories one :izi by one, : ` MR. BRGMAN: That's no* what I'm endeavoring a t ) to do. I'm just trying to understand what the interrogatory its; m eans. I'm not trying to rewrite them or rephrase them or tisj anything like th a t :''! Q- W as Kaiser Gypsum familiar with the term us> 'TLV"? A. I d o n 't know. i:sn O. You can't say One way or the other w hether 2 1 : Kaiser Gypsum w as aware Of that7 <" > A. T h ere m ay b e a docum ent w here th e term "TLV" (231 is there. Now w hether or n ot they Were familiar with th a t i:t term , again Iw asn 't there. :- s> Q, And sitting here today you have no knowledge Page 86 |docum ent, 1 guess the answ er to your ; r:>s q u e s t io n m a y b e is yes. i m i Q. If you could ~ i A. Id o n 't know th a t th ey n ecessarily knew the a n full s c o p e and !ramifications of w hat that d isease w as or is. Q. That in 1965 the Kaiser Gypsum's knowledge of i;si mesothelioma w as limited to the information contained in (15) Exhibit 7? ! - ) A. I don't know that u*i M S . JACKSON: Absolutely d o es not, your a s ) characterization of his testimony is incorrect ' (sot MR. BERGMAN: Q. I'm ju st asking, 1think ha c i ) corrected me. Did th ere come a time su b seq u en t to 1985 when C 2i Kaiser Gypsum b ecam e more conversant with the concept of tisi mesothelioma? ( to A. I d o n 't know th e a n s w e r to th at b ec au se in esi order to be m ore I would h av e to know W hat th e level w a s in ' : other than the docum ents as to whether Page 88 or not Kaiser Gypsum i2i w as familiar with that concept? A. No. No, th a t's rig h t Q. Sir, I'm handing you Exhibit 7. My first is) question, sir, is that one of the docum ents that you (6) reviewedwtth your attorneys? i*1 1 A. Y es, it is. i?i MS. JACKSON: Let me just state for the record :st that again this is one of the docum ents that w as listed in :i:; the notice by evidently its first numbered page and with no ( in indication that subsequent p a g e s would be examined on. So ttdj insofar a s P ages 503 through 50B are attached, we have only i:3> se e n them just today. So h e has not seen the rest of this n i : but he has seen this, IIS! MR. BERGMAN: Q. Okay. Mr. Hobby, have you, n si let m e just m ake sure I understand your counsel's statem ent ,-.:i You have never seen before today P ag es 503 through 508 of <iei Exhibit 7? :'-si A. I d o n 't recall th a t I've seen them . Hi) Q, Okay. Have you ever testified before r--i regarding any deposition Dr court proceeding regarding :cci exhibits -- -1: A. No. Q. P ag es 503 to 508 of Exhibit 7? -- A. No, I have n o t in the first place. And I've told you I d on't j k n o w w h a t th e i: lever o f know ledge Iwas. j ts> Q. Did Kaiser Gypsum at any time ;understand th a t 0 its products could potentially ca u se mesothelioma in the isi intended u se rs of those products? A. i d o n 't know . (-> MS. JACKSON: Absolutely no ifoundation to that > question. (9i THE WITNESS: You know, w e put warning labels noi on our p ac k ag e s in 19 7 2 I believe it w as you said. That (id would indicate to m e that we knew that th ere was a health 1121 hazard. Now whether or not we knew th at th at health hazard (is> led to m asotha --I struggle with pronouncing it. 1 don't oi know. (5) MR, BERGMAN: Q. Well, let me ask you this; l i f t Sitting here today what is what is Kaiser's position, Kaiser n > Gypsum's position on w hether or not its products could have |ib) caused !mesothelioma? j (19) MS. JACKSON: Sitting here today jthis is a (23) company that is not in :existence, d o es not transact b u sin e ss 1211 land h a s no employees. So sitting h ere today jit doesn't have in g position, on what Iproducts that it m ade 20 so m e odd years j C3) ago. Page 87 Q- Okay. I'm going to ask you som e Questions :-; about Exhibit 7, Ifyou would, sir, let me ask you, at what 121 date did Kaiser Gypsum becam e aware that there was a disease known as mesothelioma? 1' A. ! d o n 't know, r Q Did there com e a time, dio Kaiser Oyp-svm leflm -) in 1 9 0 5 {hai mere was a disease known as mesothelioma? r a , w e, to tne extent that that d ise a se is referen ced in this Tooker & Antz : ;2i MR, BERGMAN: Counsel, I'm going ito object to (isi the speaking objection. And iI understand that procedures in ! Page 89 1 - 1 California may be different but th at's an im proper s p e a k in g ::: o b jectio n . 1 id Q. Mr, Hobby, did Kaiser Gypsum's products, joint Mi compounds, p o se a Ipr>Tentjs! f,ak to iraut.ng m esotheliom a? ! (` 1 A. I d o n 't have a p e rso n a l knowledge o f th a t ; Q . W hat is the position of Kaiser (415) 392-0650 11/4/98 xMAX{ins) (Gypsum as to whether or notits ,products caused mesothelioma? | ib) A. Well, all I know is that the, you !know, there <s> had been lawsuits in that particular area and w e've dealt c r with them. Idon't, l haven't been party to whether or not im w e've admitted a s a company that we, our product is the c a u s e of me&othe --sa y it ag ain me. ;i5) Q. Mesothelioma. !U4> A, - theliom a. Q, Well, let m e a s k you, does Kaiser Gypsum admit <1*1 that its products could have caused mesothelioma? * 7 1 A, I will n o t a d m it th a t (2B) m s . JACKSON: I'm going to object, I'm going tis) to object only insofar as you're using a term , num ber one, CO' that ih e 'seieeriy not familiar with the definition. Number t i n two, h e's n o te medical expert. You're calling for an (221 expert opinion from him. That's imoroper. (23) MR. BERGMAN: Q. is Kaiser G y p s u m -w h a tis (2! Kaiser Gypsum's position a s to whether or not its 1:51 asbestos-containing joint compounds cause cancer? P a g e SO <i! MS, JACKSON: Objection, it's overbroad. The (3) word "cancer" 1 en co m p asses a num ber of different d iseases of o i different parts of the body. Your client does not have 0 cancer. si MR, BERGMAN: He'd be surprised to here that (I Q. W hat is Kaiser Gypsum's position a s to whether n 1 or not its products caused a cancer of the chest wall? (Si MS. JACKSON: Objection, lacks foundation, 15) ealJsfar calls for medical opinion, I'm instructing him (ro> notto answer. a n MR, BERGMAN: Your instructing him notto (121 answ er -- :i3i MS. JACKSON: Absolutely. liAi MR, BERGMAN: --whether or notits product, ( in whether or not the products manufactured and sold by Kaiser (:-: | Gypsum cau se mesothelioma in the intended users? i i ' ) MS. JACKSON: Absolutely. Absolutely. i 131 MR, BERGMAN: And the basis on that, Counsel? if) MS, JACKSON: That it's outside the sco p e of 29) the notice. It calls for a medical opinion, lacks :i'-: foundation. He's n o t g o in g to a n s w e r it. :2s) MR. BERGMAN: Q. Are you going to following (2D your counsel's instruction on that, sir. (2ii A. Yes. <35; Q, W hat is Kaiser Gypsum's position a s to wnetner P a g e 91 (i) or not its products, ft's Page 85 to Page S' 05/20/00 13:24 TX/RX NO.0435 P.016 0 3 :5 6 K M E S R -> 1 4 1 0 4 4 8 2 3 6 8 NO,0 7 2 P 0 1 7^021 lekner vs. Owans-Cornlhg Jo sep h R oss Hobby asbestos-containing joint compounds p o se d a hazard to human health when used m j intended? ;underst-a--n-d- wtheaSt tor:prp; ed ' manufacturing asbestos-containing products :J! A. May have caused, is> Q. What do you mean by that, sir? :ZarLo'uncdf ?1l9p75u. nd prodLlrts 3t our Seattle rplant 11/4/38 XWAXftWIi. : '1 4 Q. Ail right. Ifyou could p lease look (back on Exhibit? with m e for a minu'- sir, and lm, I'd like to (22) direct your fTM -- jattention to P a g e s 503 and 5D4. ' :5: A. Well, m y u n derstanding s th a t ? Page 93 Iunderstanding <23i counsel h a s a standing a s b e s to s id potentially ca n c a u s e h ealth :i: MR- BERGMAN: Q. And that w as !objection on th at question, If you <2-1 could h a z a rd s In people. O kay. So ;sj w e p u t ;ten years after Exhibit? was drafted- is 'peruse those two p ag es and tell m e whether w a rn in g s on ou r lab els --on our p ro d u c ts :that correct? ' or n o t H i! th e re 's arty reference to, a n y to notify ts> peo p le of t h a t T h a t s e e m s ] A. That's rig h t .statem ent that a prolonged and p e rfe c tly p ro p er. Now to m e <:o- j f s a giant leap to go from th a t conclusion to :: ' ' Q- Can you ten m e - ! Page 95 w h a t y o u 're (i trying to have m e s a y j ;i! A. J w ould point o u t th a t th e | ' : 1 substantial exposure to asb esto s is h ere to you, that, yes, there is m , . se c o n d p a ra g ra p h ts> d o e s talk (necessary before (2 mesothelioma is definitely a causal factor between our something about respirators and th at sort o f thing i7j w e r e u sed . icontracted? p ro d u c t a n d a m specific d ise a se . I'm ' :i; A- M aybe you can help m e if you n ot in a position to sit here and t:<) (e* Q, Yeah. When did Kaiser Gypsum j begin to warn (si u sers of te product to use jKnow if th e re is i*> su ch a m ention. an sw er th at affirmative. jr e s p ir a t o r s ? ! ti! Q- OKsy. If you could please look on ' : Q. dust so I understand ycur the P ag e (i 504? testimony and then its: we'll move on, you I A. Weil, the d o cu m en t I h av e, I i 1"1 A, Okay. are not Irt a position to say today t :; ' .think you n :i provided for me this afternoon, w as around 1372 | believe. !i! MS. JACKSON; I'm ju st going to ,object the tm docum ent sp eak s for itself, Whether or not asbestos-containing joint compound :isi manufactured by Kaiser | " ) I don't know if that's the first such, jit's not a docum ent that w as :oi created by Gypsum cau ses mesothelioma? j M S . JACKSON: Iwould really would ask counsel im if you'd show him the /anyone from K a is e r G ypsum . Its not 11 ' MS. JACKSON; Asked and answered, documents or give us the numbers to ' :si refer to. [authored by 12--> a Kaiser Gypsum ^employee. The docum ent sp eak s for itself, MR. BERGMAN: Q. Y du can i i; - ; He n re a d from it butthis prolongs answer the question. i B E R G M A N ; Sure, that's fine. 1the testimony here, A. Yes. S o m e tim es!;it i don't know what it is. MR. BERGMAN: Q. Sir, are you !" ; Q- You are not in a position to tell us /f*!, , m h a n d in g you Exhibit 13, Mr aware of any im knowledge regarding the that (2si today? Hobby and u No. 302. that's, for counsel's record ' tPickner case? - n A. T h a t's right rzoi A. Yes* sir. ; A. Yes, 1 h a v e know ledge o f th e Q. Thank you. Sir, looking at. can you tell me, ' Q. P ickner c a se . I direct your attention to exhibit, is that 7? 1'< Q. Are you aware of when Mr. P age 92 ! A No, 13. Pickner was ii7) diagnosed with mesothelioma? i-i sir, what actions Kaiser Gypsum took in 112il MS. JACKSON: The - j !" ! A. No, in f a c t 1d id n 't know th a t response to Exhibit i*i 7? BERGMAN: The one that you're holding, tssj sir. Mr. P ickner h a d t m m esothelioma. (->> MS. JACKSON; Again Exhibit7 with Q, Are you aware, sir, that Mr. the iai additional pages that we've iust seen Page 94 :Pickner w as t2i) diagnosed with over the break? 41 MR, BERGMAN: You have a standing MS- JACKSON: This is 7 THE WITNESS: 13? imesothelioma approximately 32 years after i --2 ) this Exhibit 7 w as a u th o re d ? objection on (Si that. Counsel. ' ` THE WITNESS; Well, judging from the li'V MR. BER-G--M--A-N: Q, Yi seaaihl,. 1i3j . 42S! A. Iju s t a n s w e re d th a t I d id n 't know h e had (3ii m esotheliom a. cover iei letter the attachments were Directing your m i attention to Exhibit 13, sir 2ii Q. Okay, Moving along, handinq forwarded by a Mr. Flicker to a im num ber of , in the middle of that docum ent 5) there's a you Exhibits, l nam ed individuals, to be a warning; is that correct, ' MR. BcRGWIAN: Q . Who w as Mr Flicker? ' -11 A My review of th e organizational ch art is- indicates th a t he had s o m e role in th e sa fe ty d e p a rtm e n t Q- After the attachments to docum ent 502 w ere m i circulated to actually. YeS' lt S d esc rib e d a s a u tio n :itxhuall: .,i,>Q`KaCisaet/rfGioynp-soukmayp-lIasctehdatotnhietscaution asbestas-eontaining joint .productsthat you previously testified individuals in the com pany what action w as '.'. t l<*n Kaiser Gypsum in resp o n se to the, information, the information contained within that document? 1 ' A- 1d o n 't know w hether th e re w a s o r w a s n Dt any i;s; further actio n taKen. it is * This m em o would indicate that I Q - 0 k a y- And if you could p lease .re a d to me tne :iii exact admonition that .w as provided? -fibers ^ 'Caution: Contains a sb e sto s - Q. c a n you tell me whether or not Karser Gypsum :cui stopped manufacturing asbestos-containing joint Compounds tcu ` 'e r exhibit 7 w a s circulated throughout Company? " ; MS. JAGKSON: Assumes facts not in evidence. 'Av id creating dust Breathing 5t s d u s * ^ m a y c a u s e s e r i o u s bodily harm ." ' *' Q- Vau would a agr witti me, Sir ,then, that i; i nothing in this admonition ` : anything about respirators? 45) THE WITNESS; No, t - well. 1 Page 9 1 to Psge 95 'y o u * N ` T h a t s *a s r e e w i t h (415) 3S2-OS50 P ag e 95 ask you whether you can identify th a t for ' me, please, sir? 4 2 : MS. JACKSON: This is another of the .docum ents is) with th e standing objection to the com pleteness issue, THE WITNESS: Can I identify it? MR, BERGMAN: Q. Yes, A. In w h a t r e s p e c t? i !Ti Q. Do you know what it is? j :i ` A You ju s t g a v e it to me. No I d o n 't know w h a t <, it is. 4-') Q, Okay, j A. It's a m e m o . [!--) Q . Okay, And is this again another m e m o fro m Mr. m : Flicker? M s, J A C K S O N : The document sp e ak s for itself. : ;i a . r e s , ir w o u ld a p p e a r to be. T-`! MR. BERGMAN: Q, And Mr. Flicker, sir, was an 12 7i individual at Kaiser who had som e responsibility over ::si safety? Tooker & Antz 05/20/00 13:24 TX/RX NO.0435 P.017 02x13/01 0 9 :5 7 KMESft - 1 4 1 0 4 4 0 2 3 S 0 NO.072 P01Q/021 BSA Pickner vs. Owens-Coming Joseph Ross Hobby 11/4/98 1 1 A. I u n d e rsta n d th a t to b e the cafe. Q. And Mr. Franklin, am Icorrect, sir, w as the i::i -Jits president of manufacturing? i : - 1 A, Oh, I'd h a v e to g o b a c k to the, and cro ss cs) reference the organization charts that - s* 1 Q- Okay, ('ll hand you my copy. (isi A. Okay. Page 97 .: > MS. JACKSON: I'llju st m ake an objection in o that this document that you've handed him, Plaintiffs 0240 o is dated 1S70 and the document you're inquiring Dn is 1966. ::i It would appear not to relate. isi THE WITNESS: Okay. I see a Mr. P.J. Franklin. i' i MR. BERGMAN: Q. Okay. If you would look is> with me, sir, end if you could re a d for m e the first full :*> paragraph of Exhibit 8. (io) MS. JACKSON: The document s p e a k s for itself. MR. BERGMAN; Could you read that for me, sidrr?? ti'i A. "R ec en t stu d ies by m edical a u th o ritie s ::s> ten d to show Some p o s sib le connection between fuj inhalation of asb esto s dust and cancer. Be f.*:- certain th a t all p e rso n s w ho w ork in th e (is; vicinity o f a s b e s to s a re wearing a proper ii7j respirator ap p ro v e d by th e U.S. B ureau Df ::a: Mines for asb e sto s d u s t" i is) Q. Do you know w hat the purpose of the exhibit 8 (20) w as, who it was intended to go to? A. Well, It w ould Indicate th a t it w a s to g o to (25j s a fe ty supervisors. Q. And do you know whether cr net precautions i : o w ere taken in response to Exhibit 8 ? ' i2 i: A. I h av e no d irec t know ledge w hether or not P ag e 98 p re c a u tio n s w e re ta k en in re sp o n se to Exhibit8 . O, Do you know whether or not exhibit 8 pertains if , to asbestos risks po sed by or p resented tD users of Kaiser ` : Gypsum products or em ployees of Kaiser Gypsum? ' 51 MS. JACKSON: A ssum es facts not in evidence. ;response to Exhibit e regarding products - m manufactured by Kaiser Gypsum? i:3> A. No, I do not fi6) MS. JACKSON: Assumes facts not in evidence, i*11 MR. BERGMAN: . Do you know whether or not c i) Kaiser Gypsum continued to manufacture asbestos-containing `.id joint compounds j after Exhibit 8 w as authored? :0) A. Yeah, to th e b e s t o f my Knowledge they did. !c;j Q. And did Kaiser Gypsum e v e r provide a warning icii suggesting th at users jof Kaiser Gypsum products wear a too) (respirator approved by the U.S, Bureau of i M ines? :!2<i A. l c a n 't a n sw e r th e w ord "ever." si a . Well, I'v e s e e n a n u m b er o f d o c u m e n t s c o m i n g > m o s t l y f r o m t h e ,Safety D epartm ent. And my u n d ersta n d in g o f ; th e w ay th e S afety .D epartm ent w orked fs ft d ealt with t;:; 1e m p lo y ee issu es, n o t end u ser iss u e s. :t:;) Q. Uh-huh. j A, So com ing from the safety :p erso n n e l, v ario u s .-) d o c u m e n ts th a t you've given me an d th a t l have seen have a s: requirem ents that em ployees use respirators. So I deduct from 'tfwt th a t there w as a n aw aren ess b y Kaiser to a im potential hazard at least !o f a s b e s to s , raw a s b e s to s usi ex p o su re. Like i s a id before, th e asbestos, toe to rn "asbestos" has 'been around a long time, l :=Sl Q- Let m e rephrase the question then for you, I ;:oi Q. So would it be fair to say, sir, that a t le a s t a t i a s of 1 SSS Kaiser Gypsum [ P age 99 j .-) sir. Are you aware of Kaiser Gypsum ever providing any cz> warnings to u se rs of jits products that they should w ear a o> (respirator approved by th e United S tates | Bureau of Mines? ..s.i A. . No. I..'m n o t Iwas aw are that its em ployees (35: working .around asb esto s faced a potential health hazard? i - i ) A. Well, th is is d ated 1972 if you're m aking rs<: referen c e to this. j ::s> Q. I'm sorry, sir, l w as referring to :Exhibit9. ; <*J Q. Let me hand you Exhibit 9, sir. Sir, | ' P a g e 101 I'd like 'Si to direct your attention on Exhibit 9 !fo the bottom of the n i p a g e regarding :safety indicating that em ployees should wear 11?) respirators when handling and weighing and batching re; asb esto s. Do you know iwhether or not em ployees of Kaiser 110! iGypsum did w ear respirators while handling, weighing and i: ; i batching asb esto s? <i2) A. I h av e no p erso n al know ledge. Iw asn 't there. ( in Q. Can you tell m e whether or not, .do you know nj one way or the other whether Kaiser Gypsum required its i is) employees to wear respirators when .handling asbestos? ; <isi A. W e ll, i c a n a s s u m e th a t it this .s o rt o f a ('-)) sa fety w arning w as dissem inated that they would have been (;s 1 required to w ea r them . (16) Qx . Wtihiywwoould Kaiser Gypsum :su qg estth att iittss (r2o0":) em ployees wear irespirators and not suggest that its c n :customers wear respirators? : <2- ' MS. JACKSON: Lacks foundation, :assu m es facts icii not in evidence i ' - " Th e WITNESS: Well, first of all. I can i ;;s i p ro b a b ly a n s w e r th a t in several ways ;hut my first thought. ' ; :d U pper right. ;> MS. JACKSON: Let's correct the date !st the S) top of th e bulletin. It's 6/20/72 which cancels an earlier c : document, At [the top. You've got the wrong date is) highlighted. ( ;5) MR. BERGMAN; O. I'm sorry, sir. Could you Hi p le ase turn to P age 2 1 S of jExhibit 9 ? , :s) A. I'm so rry , i d id n 't h e a r you. (3) Q, Never mind. Sir, I'm handing you what h a s (*.?; b een m arked a s Exhibit 10, i I'm sorry, Counsel, It's 333, i I'- n MS, JACKSON: Thank you. j (-3) MR, BERGMAN: Q, Did Kaiser Gypsum at some point becom e aw are that the federal governm ent w as :-a) considering banning asb esto s from asbestos-containing ;:-s> building products? : ;vu A*. I' d' o n 't `know . At so m e point tn tim e? | (13) I !!> Q. Mm-hmm. A. Idon't know. MS. JACKSON: Overbroad. i!| (" ) THE WITNESS: W hen they b ecam e .aware that the government was 'considering doing something. Ifth ere's a ; :- :il docum ent th a t s a y s that, you know, I - - MR. BERGMAN: Q. Let me restate the question, m D oes exhibit S draw any distinction between users of Kaiser as Gypsum products and employees of Kaiser Gypsum 7 MS. JACKSON for itself. he document speaks tu e w r , , =t, c . ., . . . , . vHE WI i NESS: No. it doesn't draw a distinction. - 1 MR. BERGMAN: Q. Do you know w hat action, if .?: any. w as taken in Tooker & Antz Page 100 j :15 fd be supposing, of eourse. my first thought an that Is id th at the hazard of handling, weighing and batching raw m asbestos w as known to Kaiser Gypsum, What was not known w as u ; the hazard of asbestos in an end product that may be used by :B) a user. * ! MR. BERGMAN: Q. And w hat is the basis for (U that understanding sir? You indicated that - ' (415J 3S2-06SO MR. BERGMAN: Q. Maybe if you could look at (iii the docum ent Ijust .handed you, Exhibit 10 for a second, ! P age 102 1-- i A. Isth e re a s e n te n c e in th e re ? Why don't you help me. ; (J) Q. Ifyou could look at the third ,paragraph. i A. Third p a r a g ra p h . Well, Jt talks a b o u t if (5i a s b e s to s fiber is b an n ed . I ig u e ss it d o esn 't s a y by th e () fed eral Page 98 to Page 1C 05/20/00 13:24 TX/RX NO.0435 P.018 02/13/01 09:58 K M E S R -> 1 4 1 0 4 4 8 2 3 G 8 NO.072 P 0 19/021 Pickner vs. Owens-Coming Joseph Ross Hobby governm ent. i Q. Mm-hmm. So it would be correct w as generated warnings m were not hema provided? to sa y th a t in !*> November of 1571 K a is e r Gypsum w as aware that there w as a isi ! 17> M S . JACKSON: Lack of foundation, potential that asbestos fiber might be banned :speculation, te", Ievidence. assu m es facts not in ' from its fi3) products? --! MS. JACKSON: The document !*> THE WITNESS; Yes. Speaks for itself. MR. BERGMAN; Q, You want to ;-; i THE WITNESS: That's what it says, ; look a t your f in answer to 1 9, to >--) MR. BERGMAN: q . And l`m also | Interrogatory No. 6, and you indicate ri:; correct, sir, rii i that a s of in November of (beginning in 1972 Kaiser affixed caution 1971 that Kaiser Gypsum at that point labels. Wha n in m i 1 9 7 2 did K aiser begin :affixing cautionary labels on rts n o w as not providing any warnings to its , products? cofuisttsopmroedrsuci t:ss?i co n c e rn in g asb esto s content f(!5j a . f d o n 't know, A. I d o n 't know when w arnihgs i 1151 Q- Any time within January and j D ecem ber Of 1972? w ere first provided lei to its custom ers. ;:i) Q- Ccu/d you please took for me, ' ! :l7! A. Yes. I'm not sure this Is an iex a ct science. Sir, on Exhibit ictn 2, Page 5, your interrogatory answers? '181 Q lf yu could look with m e on Exhibit 13. -'-1 A. Exhibit 2? '!'* A. Yes. ' Q. Yeah. That's your interrogatory answers. \iv t Q. W e've previously discussed this i : -> A. Okay. W hat p a g e ? docum ent cati First of all, do you know who Mr. to o m ey w as? 0 . P age 5. 1 A- Okay. Now w here? A. 1 d o n 't know Mr. T o o m ey , or I ,understand he t:n m ay have been an P age 103 ;11 Q' Kyu could look at your response to : j interrogatory No, 6. MR. PETTY: Matt? :atto rn ey . But I've been ad v ised by c o u n s e l c*> th a t th a t m a y b e th e case out I h a v e not p erso n a lly s e e n h is c=s* nam e on any organization chart. iiw s B (puton there. W e k n o w u . that that's the icase. I (5) 0 . But sitting here today you can'" TM . jSBy Whether ,e: warnings Started to be pi , ," 1on in January in '72 or S eptem ber m of ! 1972? ; l8> A. No, | c a n 't 1 MS. JACKSON.'Asked end 1answered, j 110) MR. BERGMAN; Q, If I could direct Iyour (in attention, sir. to the fastfui! paragraph on the first page :i=> of Exhibit JI3, it refers to a fed eral regulation regarding j n i l labeling. Could you read that " paragraph, sir? jl.l> MS. JACKSON: The paragraph beginning with the its ) reason? ju c ) MR. BERGMAN: Q. Correct, j A. "T he r e a s o n for u sin g the :foregoing ;ib ) la b el only for | a s b e sto s -c o n ta in in g p ro d u cts tisi $ that they are the only gypsum products ! !;0) w hich f e d e r a l la w s a t t h is tim e require to b e ; : n m a rk ed . T he regulation .Went into effect J u ly c u 7th, 1972. [Therefore, every effort should be i: j> m a d e to im m ed ia te ly com ply w ith it. T he label should b e applied by stencil, stam ps, (ii) stick ers or w hatever may : b th e m o st MR. BERGMAN: Yes, sir. '1: Mf*- PETTY: This is Ken Petty. I don't m ean tsi to unduly interrupt you but may I have an objection, may we m have an objection to all of your warnings questions simply ist b ecau se of the lack of relevance and not reasonably tsj calculated to lead to any adm issible evidence in this :iot particular c a se . I think you're well familiar with Mr. <--> Pickner's testimony regarding his practice in term s of o r i reading warnings or instructions on the product packaging o f --I other trades. MR. BERGMAN: You certainiy do is have a c i i standing objection on that subject matter, Ken. ;;f; MR, PETTY: Thank you. * THe: Wf i NESS: I didn't get your question. MR. BERGMAN: Q. Okay. W e were discussing n s; whether or not at the time Exhibit 10 w as generated, the memorandum, Kaiser Gypsum was providing warning to its ~u custom ers concerning Rage 10S I `1' M s- STEELE: W hat exhibit number are you 12) looking at? | !-*> MR. BERGMAN: It's 3 0 2 . i ' "* MS. STEELE: W hat p ag e? j :s J MR. BERGMAN; First page, i [ y .^.' j ACKSON; To the extent there's a j :?) privilege issue if h e is an attorney I'd like ;to preserve 1S1 that objection. iso MR. BERGMAN: Absolutely, Counsel. :(t9: a . Do you know, sir, whether TMwell ;rf you c m could just - have you h ad a ' ichance to look over Exhibit 13 1121 prior to ' my questioning of you? [ `131 A. I looked o ver it, yes. , <1 ! MS. JACKSON: insofar a s w e didn't have P ag e 2 risi until th e break. : *i*- i * MR. BERGMAN: I know ! 111 MS. JACKSON: Okay. ' ' MR. BERGMAN: Q. Okay. Do you .know, sir, in whether warnings were .applied to Kaiser Gypsum a s b e sto s :;a p ro d u cts p rio r to the promulgation of Exhibit P a g e 107 m convenient m ean s for prom pt com pliance." t:i CJ. Would it b e fair to say, sir, after reading in that paragraph th at in September of 1972 Kaiser Gypsum was h : not in current com pliance with the federal regulation? I f5i MS. JACKSON: i think that's speculation and is lacks foundation m t h e WITNESS: No, Iwouldn't sav .th atth atw a s is: fair to say that. " MR. BERGMAN; Q. You couldn't | sa y one way or 1101 the other. U1> A- I could n o t sa y o n e w ay or the other. > 11:; Q. Okey. W hy didn't Kaiser Gypsum provide m ore (is; specific warnings than the o n e s s e t forth on the first p ag e tu i of Exhibit 13? m i MS. JACKSON: Calls for speculation, a s s u m e s its: facts not in evidence, hazards of asbestos. And I'd like you -- if you would, sir, to lock at P ag e 5 o f y o u r ;-/i iriierrogatories, and tell me whether or not that refreshes ; : d your recollection on whether warnings were being provided in : f ` November of 1S71? P a g e 104 . ^ WeU- th is s a y s beginning in 1372. If th e re 's I - a distinction betw een y_fm b e r o f '71 a n d th e beginning o f is: 1972 th e n I'll sta n d corrected.' ' ' Q. O Kay, So would it be fair to state sir, that : at least at the time that Exhibit i 0 P a g e 1Q2 to P a g e 108 ' ~ -- :::: A. M<>. I d o n 't k n o w fo r su re ; <3. What js your b e s t Understanding? ! . A- i d o n 't know. What I can tell ;you is 1 have, 1: ; , eve seen th is id w u m a n t, it s a y s Septem ber 28th, 1 9 7 2 , 1 no w ay Knowing th is w as th e first in a seras of Page ice in d o c u m e n ts or n o t And I think th a t in r e s p o n s e tD o u r :i: In terro g ato ry No e ;th a t's w hy w e said a s w e did th a t w so m etim e in 1972 th e re w ere w arn in g s (415) 392-0650 ----- 1171 A. I d o n 't know. us) q . W as th ere a reason that Kaiser Gypsum did n o t ; isi specifically provide warnings regarding the sanding of its i;i) product? A. (don'tknow . '--1 Q. W as th e re a reason that Kaiser G y p s u m did n o t <:zi provid e specific warnings regarding the mixing of its dry ; ;u joint compounds? j ir-J A. t d o n 't know. P a g e 108 f!i q , W as th e re a reason why Kaiser iGypsum did not 121 specifically warn the T o o k e rS Arttz 05/20/00 13:24 TX/RX NO.0435 P.019 82/13/01 09:53 MESA 141044323G3 N O . 072 P020/021 Pickner vs. Owens-Coming Joseph R o ss Hobby 11/4/98 u sers Of its products to w ear a id respirator? | !IS! Q. Okay. Is there any other I !docum ent that you P age 112 * MS. JACKSON: Ali Dfthe line of ; :1> A. You know, a n d a t so m e point in questioning (t) lacks foundation, calls for Page 110 time I m a y h av e `- i rea d a d o c u m e n t speculation, and I'm not going :ii to permit jin are aware of besides Exhibit 13 on which th a t s o m e w h e re in th e re sa id som ething him to answer any more of them. |you rely in your 2 ; testimony that Kaiser ab o u t (3. th at, y o u know . But a s I s it h ere 1` THE WITNESS: I'll follow the advice of Gypsum began placing warnings on its o) `to d ay , y o u know, i c a n 't :jj go b ac k and my !9> counsel. Iproducts in 1972? `say. ok ay , it w a s a d o cu m en t d ated X :f>) MR. BERGMAN: Q, You're not going i M S , JACKSON: I'd just like to state he d a t e a n d m s u o h a n d su ch , a n d th e n 1 to answer not whether or not, tha: question ii$not i5i in a positiontostate all the ' gave it to you o r t d id n 't give it () to you. sir? ' .documents that a r e available to him or i :**i> Q. All right Okay. Let me then just fi'-i A. T h a t's right. have been presentedtohim. he cannot testily rephrase ib. my question, and it may be . .: : : Q. Ifyou could look to Page 2 of to [i i which exact documents, what repetitive but Ithink I can sum is. up and Exhibit 13, ;i", taking into account your numbers, what dates, where that 131 ; move on. Sitting h ere today you are not counsel's standing objection. W as m i thB information came from, ;aware of any (ioi other documents other reason that more specific warnings w ere not i I5i MR. BERGMAN; l understand that. '.than the o n es you've testified to that u n provided n t) because they weren't Counsel and do I'm just trying t o -- support Kaiser G ypsum 's contention that it specifically required by federal or t:s: state '.a IMS. JACKSON: We've provided you 1began warning in n o ) 1972? law? with <ii) discovery. You've given us i `is. MS. JACKSON; I'm just going to I 1) MS. JACKSON: Objection, calls for documents. W e're trying to ;:z; discuss , object th a t it i n . m ischaraeterizes his `is: speculation, lacks foundation, assu m es those here but testimony. You can explain to him. facts not in 19) evidence. , (14i MR. BERGMAN; I understand that, I is. THE WITNESS; Well, it that's - you ;ti THE WITNESS: I don'tknow. (Counsel, and usi what I'm just trying to do is know, I'm u si trying to understand the ;:i ; MR. BERGMAN: Q. Sir. I'm ` ascertainWhether there are "si Other ' breadth o f y o u r q u e s t io n a n d I ta k e it : - it in handing you Exhibit (22. 18. Ifyou could look documents other than the ones that we've good faith and the answ er to that is yes. I at the second p ag e of Exhibh 18. i:n And, jtalked about rn> and reviewed here today .m ean I u s . haven't tried to withhold Counsel, th at is No. 307 and 308. Is the that have not be provided to me that na. I'm ' anything. warning on (2<) the seco n d page of Exhibit not aware of that support Kaiser Gypsum's , :(9) MR. BERGMAN: Q. 1understand 1S the warning that you claim was :zsi position that (it it began administering .that, sir, (20: After, in addition to placing affixed to the bags of Kaiser Gypsum joint 'warningsin 1972? .warnings on its (2D asbestos-containing compound? j A. Idon't know if there are any. ;products w hat other ste p s did Kaiser <22; JiZii Q. Okay. Sitting h e re today you're :Gypsum undertake to warn th e u sers of its P age 103 Inot aw are o f a n y ? Iproducts of the 2D dangers of asbestos? :i ( MS. JACKSON: Object to the ! <=d A. Sitting here today, that's right. j .241 A. rm n o t a w a re o f any o th e rs. characterization, 5) the testimony a s a Well, i (24) should sa y to the best o f my I (25) Q. C a n y o u fell me whether or not claim. T h ese two p ages, 30 and 309, rat ;knowledge I've provided you i: si ; sales have not, w e've not s e e n them before. 'everything that I have. i P a g e 113 ! i * THE WITNESS: I'm not sure w hat . you're asking (S> me. Are you saying, are j Page 111 j o representatives orally communicated you trying to determine whether si this i rii Q. Okay. warnings to custom ers? warning is som ehow different than this one A. Ididn't exclude anything, j `2) MS. JACKSON: Calls for speculation. here? : > Q. t understand that, sir. Yeah. . :>! THE WITNESS: I've n o tb een advised T; MR. BERGMAN: Q. Tm just asking 1(4. A. I d id n 't mean to im ply by th a t that they :> did or they didn't, is the text is) of Page, on Page 308 the answerthat (5) |_ j (5) MR, BERGMAN. C, 3u you don't warning that w as affixed to Kaiser ;d Gypsum joint com pounds? M?> Q No, I didn't take it that way at all, 'sir. in I'm just hying to understand what know, so the isi only step that Kaiser j Gypsum undertook to warn irs custom ers ! : A. To th e b e s t o f m y know ledge it Ievidence Kaiser Gypsum is ;S> relying upon j <' ) of th e dangers of a sb e sto s was placing was. in this case and I think you've testified that warnings on its m products at som e point m i Q. Okay. And my question to you, II -> so far as you know the documents that in 1972? Sir, is what is n i l the b asis of your !we've been discussing no) here today are | id MS. JACKSON: Misstates his knowledge that Kaiser Gypsum began ns> ilhe documents that Kaiser G y p s u m bases its testimony. warping, began affixing warnings to its ' l) testimony regarding th e date on which f (f> THE WITNESS: It's the only one that products in 1972? , warningswere ` 221 adm inistered. ;I am (id aware of. : A. The d o c u m e n ts th a t I have j:i3 i MS. JACKSON: But that's not the ;<:d MR. BERGMAN; Q. Sir, I'm b ee n p re se n te d by u s i yourself a n d by exclusive t u i set. I m ean 1don't think he handing you Exhibit :id 16. First of all, sir, my counsel. ;knows if there are others out :;i > there that jdo you know who Mr. Kirk is, I c.-i should : ' < Q. Okay. And w hat are the we haven't talked about today that he may say Mr. or Mrs. G.B.Kirk, Mr. or Ms. G.B docum ents that you :i*s have been have 't i t seen in the p a st that provide the . Kirk? . presented by myself and your counsel on 'b asis for his opinion. 1 t i ; ; don't think he can i --D A. I Saw th a t n a m e on o n e o f the which you :;9' b ase your testimony that itell you that. That's w hat you w ere list 'o r g a n iz a t io n (45? c h a r t s . Kaiser Gypsum provided warnings of tii) its Isaying; is that correct? | MS. JACKSON: I believe we've also asbestos-containing products in 1S72? j :i5t MR, BERGMAN: Well, please don't `provided it (ia> to you in answers to --i: A. Well, Iw o u ld n 't I h ope you ;testify for cio? y o u r-- interrogatories. w ouldn't expect m e to regurgitate a Ifiurtdfy (l&t h u t I H a ve o n e doG urncnt th a t's :;c: n fro n t o f m e. You handed m e Exhibit 13. ' C. Which is d ated in 1972? '-< A. Yes. j MS. JACKSON; I'm riot, J"1n*i just .trying to is; * explain it to m o v e this a leno j 1=3 THE WITNESS: If you w ant m e to ;respond i-i further, I've read a lot of idocuments. I -EJ.'.. GMAN: Q, t understand. J <' MR. BERGMAN: Okay. 2 0 THE WITNESS: Without having that :chart in on front of m e t seem to recall that j it was, h e was in th e R `22 > D : department. ; 23) MR, BERGMAN; Q. Okay. Sir, if Tooker 8 Antz (41S) 392-06SO Page 108 to Page 113 05/20/00 13:24 TX/RX NO.0435 P.020 82/13/01 09:59 KMESf -> 1 4 1 0 4 4 3 2 3 G B NO.072 P021/021 Pickner vs. Owens-Comng Joseph Ross Hobby 1 v a m a JMAXpfltfj you coule i . t ; take a minute to peruse or a s , ti-.i A. I'm n o t aw are o f any. By th e ;16 that refer or relate to any te sts of o n sa s youw antreai'yto peruse Exhibit s a m e token, I ic o m ean o n e w ay o r t h e iKaiser Gypsum products for the benefit of 16 and III ask you so m e general questions other. I d o n 't know w h e th e r there w a s end ;")) u sers? ~ ' Page 114 ~ ~ -- ! c i i any testing done. ! !- 51 A, I think I a n s w e re d t h a t T h e m regarding it. j : i : 0. You don't know, okay. And a r e you aware of i Kaiser Gypsum being answ er is no. i-i MS. JACKSON: Take as much time Iprovided with any testing of joint I P a g e 118 a s you n e e d to ; n read it, i'i MR. BERGMAN; Yeah, please do. j P age 116 ! fii MR. BERGMAN: O k a y . I think l `m And, of is; course, counsel has a standing objection, almost done, iz) W hy don't we take a ; com pounds in general regarding levels of Ibreak. airborne asbestos io fibers? (3) THE VIDEOGRARHER: Off the I Q . And if it's helpful, Mr, Hobby, l'rr 111 MS. JACKSON: Could you restatB jrecord a t 2:37 p.m, going to i?) be directing questioning i3i A. Yeah, i m e an this is a lengthy your question, u i please? jn> , (5> MR, BERGMAN; Q, Absolutely, You | IS) (Brief recess), THE VIDEOGRAPHER: Back on the d o c u m e n t, fo u r un or five p a g e s it's hard for m e to focus on w hat you might ; j .previously isi testified l believe, Mr. Hobby, that you are not aware of its any tests prior record a t 2:51 lei p.m , j ii) MR. BERGMAN: O. Mr, Hobby, did ask me. Why don't you proceed, m i Q. I'm going to be focusing my to 1874 of Kaiser Gypsum com pounds to si determine levels of asb esto s fibers there com e a isi tim e when Kaiser Gypsum stopped using a s b e sto s in its joint (?) questioning . i d basically on the first and p o sed by the users of si Kaissr Gypsum (compounds? second p ag e and then P age 499 if (*a> that's helpful to you. (>' ) A. P le a se a s k your question an d parwoadruectuso. iMoyfqKueasitsieornGtoypysouumisraecreeiyvoinug any jIimiOi) AQ. . YAesn.d w hen w as that? information regarding te sts 1111 perform s d : ii2i a . Well, in th e S eattle o p e ra tio n s if I h av e to ta k e iis * m o re tim e l will. on other manufacturers'joint compounds jit W as aro u n d 113) 1975, :m Q. Fine. P lease do th a t First of all, ] direct r . i > your attention to the upper regarding list airborne asb esto s levels prior J im to 1974? Q. How about company wide, w as right-hand com er of Exhibit 16. us> It iim MS, JACKSON; Ifyou know, there a time in U5) which asb esto s w as completely phased out of joint com pounds indicates that the docum ent is confidential. Do you know t i why Exhibit 16 would have ii") THE WITNESS; I don't know. It's a long (isi question but from what I gathered j ii) that w ere m anufactured a n d sold by !Kaiser Gypsum? been confidential? :- c > A . No, a n d in f a c t I d o n 't know .from it I have no t n knowledge of any I'-' ) A. (understood itwas about the jtesting thoi w as g o in g on regarding end u 7i th a t th a t w a s a, <:i> I c a n 't tell from th a t users. s a m e tim e in the n e t r e s t o f the that it w a s an original p art o f that nc: MR. BERGMAN; Q, Just So I c a n !co m p an y a s well, a n d certainly th e com pany (isi basically w as out of d o c u m e n t It m a y not, it m ay have been added later. understand m> your testimony then, s o far b u sin ess by 1978, u i) Q. Are you aw are of any testing cf a s you know the first testing taoi that w a s performed for the benefit or regarding end 1150* MR. BERGMAN; Those are all the Kaiser Gypsum i2 iJ joint compounds prior u se rs rzu w as in 1974? questionsl 12:1 have a t this time. Thank you. to 1974 to determ ine the levels of tisi airborne asbestos from the u se of said 22 MS. JACKSON: A ssum es facts notin evidence. '--) MS. JACKSON: Any other products? questions? P ag e 115 1231 MR. BERGMAN: Q, The first testingthat 2 you're aw are of? I23i THE VIDEOGRAPHER: This is the end of the ii4i deposition of Joseph Hobby. L: A. Any te stin g o f jo in t iS5> MS. JACKSON; Overbroad. The total number of videotapes i25i Lraed is com pounds? P ag e 117 2. Alt th e original videotapes will be held at i ci Q. Correct. THE WITNESS; D oes this docum ent Page 119 ;3i A, For a irb o rn e ? Q. C orrect sa y there w as 121 a test in 1974? 11 Tooker 8 Ante, 818 Mission Street, 5tb i3i A. I don't I don't I wouldn't b e wisiith mMe,R<,>BEpRleGaMseA, tNo:PQag. e I4f9y9o.u could turn rlDDr, San Francisco, i2) California 94103 a w a re o f a n y <5> te s t th a t you would do j is) A. Yes. on a co m pound to te s t for airborne. Telephone area ced e 415-392-0650. Going 13) Off the record. The time is 2:52 p,m, ; *1 Q. Okay, okay. Are you aware of, are I i-u Q. Did Union Carbide conduct te sts i-> MR PETTY: Before we go off the you aw are ;ei of any testing that Kaiser l o f K aiser iv Gypsum joint com pounds? stenographic isi record can we confirm the Gypsum conducted prior to 1974 to ;s> | is. MS, JACKSON; The document s p e a k s `witness is going to reserv e 11 signature? ..for itself. determ ine w hether the use of its joint 1 MR. BERGMAN: Absolutely. ;iri THE W ITNESS: This document says I ,e> (Whereupon, th e deposition w as com pounds exceeded uoi the threshold limit value of airborne asb esto s? j i t ' s the 1101 result of te s ts with KAGC concluded at ri>i 2;52p,m .), c i j c.;. '.compounds by Union Carbide, >--i A. N ot th e u se of i t I am aw are o f : :is> - s o m e te stin g . --i th a t w a s d one in our i- - - . MR. BERGMAN: Q. Andareyou j 114) _________ _ p la n ts b y an industrial hygienist to n : aw are of any ii2) tests prior to 1 9 7 4 ? i - 2'. A This d o e s n 't -- ; (i-: UGN ATU RE O F WITNESS iie. d eterm in e ex p o su re , a s b e s to s exposure. ; -*> MS, JACKSON: Objection -V 118) H i ) 1: j . 1 2 1 ) (221 ; ; : i = 0 Of your, of Kaiser Gypsum's overbroad, ' ic n em ployees? j t il l THE WITNESS; This doesn't sa y :- i : A. Yes. 1w hen the te sts 111 m ay o r m ay not have Q. Okay. Okay. But your testimony, | occurred. though, is ::3, that you're not. Kaiser . G y p su m 3 not a w a re -- well, prior u e i to . i i) MR. BLACK: W hat w as the exhibit num ber or u r : that docum ent7 1974 did Kaiser Gypsum conduct any testing j :is) of its . ai products to determine the I --*1 MR. BERGMAN: I'm sorry, it's 495. M R .. B L A C K ; T iia n h ; y o u . exposure level of its custom ers to t:o> I '- - ) MR. BERGMAN: Q. Are you aw are, asbestos fibers? !sir, of any 1221 docum ents other than Exhibit Part*. 11 .1 tn P a w ) iq 14141 I A ctn 05/20/00 13:24 TX/RX NO.0435 P.021 02/13401 03:30 KMESft / 14104402360 __~ T. " " w AT*lilAJM W i NO.071 P 0 0 2 / 0 0 6 OXVC.1.V J. U A U O O X ii the superior court of the state of Washington1 IH AND for THE COUNTY OF HIH6 JgHtJ 6- CRUM.and MARILYN J . CRUM, a m arried coupla, vs. - P la in tif f s , No. 98-2-24915*35EA 7 e t Ea l ` J ` BARTELLS Company, B 9 Defendants. 10 11 Videotaped O pposition Upon Oral Examination 12 of 13 BRENTWOOD CROSBY 14 15 10:20 a.m. ' 16 January 19, 1999 17 1201 Third Avenue. IB S e a ttle , Washington 19 20 21 22 23 24 Cheryl Macdonald, CCR 25 Court Reporter License No. HMAACD0CA457LC 1 2 I NDEX 3 4 EXAMINATION 5 BY MR. BERGMAN: .............................................................. 6 7 EXHIBITS MARKED 8 E xhibit Nos. 1 - 7 ............. ......................................... E x h ib it Ho. 8 ................................. ............................... 9 10 K aiser Gypsum No. 1 .......................................... 11 K aiser Gypsum No. 2 .............................................. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pm 5 PAGE 4 4 66 1 APPEARANCES 2 1 (Marked D eposition E x h ib its 1 - 7 .) 4 3 FOR THE PLAINTIFFS: 4 5 6 MATTHEW BERGMAN MEG PAGELER v i ? r P?Y* ,at law 1201 Third Avenue s u it e 5300 S e a ttle , Washington 98101 2 THE VIDEOGftAPNER: My name is Keith Payne. 3 My address i s 2127 Second Avenue, No. 305, S e a ttle , 4 Washington 98121. My phene number is 206-233*1306, 5 I `m th e video s p e c ia lis t fo r Royal video Productions 7 FOR CCH DEFENDAMTS: S 9 10 FOR OWENS CORNING ^ FiBERGLAS: 12 13 FOR E. J . BARTELLS CD. 14 15 16 FOR RAPID AMERICAN 7 and w.R. GRACE: 18 19 FOR KAISER GYPSUM: 20 ` 21 22 and JfNRY WINDER WEBB, III iS2t0o1rnPeayc.ilfTic LAawvtnue S u ite 2200 Tacoma, Washington 98401 RONALD 0. GARDNER A ttorney a t Law 2200 S ixth Avenue S u ite , 600 S e a ttle , Washington 98121 Cheryl zakrzeuski 70iS0Fi9iSft7h.aAt vLeanwue S u ite 5511 S e a ttle , Washington 98104 VALERIE 3URNS 4 |S g r n*y a t law 1420 F ifth Avenue S u ite 4100 S e a ttle , Washington 98101 KENNETH , PETTY A ttorney a t Law Union Square 601 Union S tre e t S e a .tie , Washington 98101 23 PAUL J . GAMBA $anclErT T ,at Law 24 il?h cf t i Z r n,a street 25 San Francisco, C a lifo rn ia 9410- ALSO PRESENT; -------------- KEITH ------------------r n . n o , PA. YluweSu. aVraipdneeorgrapher 1 MOBTJkii & A S S O C IA T E S ( 6 whose p rin c ip a l p la c e of b u sin ess is 950 Northwest 7 Firwood Boulevard, Issaquah, Washington 98027. Royal 8 Video's phone lumber is 425-391-6809. * 1` U be th e operator of the auffo/video 10 equipment fo r th e d e p o sitio n of Brent Crosby being 11 videotaped a t th e o f fic e s o f W einstein and Bergman, 12 1201 T hird Avenue, S e a ttle , Washington. The cap tio n 13 of th e ease i s John E. Crun and Marilyn J . Crun v s. 14 The E. J . B artel Is Company, e t a l . The case number is 15 98-2-24915-3 SEA. 16 videotaped deposition is being taken 17 on b eh alf of th e p l a i n t i f f s . Today's date is January 18 19, 1999. The c u rre n t time is approxim ately 10;22 19 a.m. w ill th e a tto rn e y s p rese n t p le ase id e n tify 20 them selves. , 21 MR BERGMAN: Matthew Bergman fo r th e 22 p t i i i t i f f , 23 ms PAGELER: Meg P ageler fo r the 24 p l a i n t i f f . 25 MR' PETTY: JUb ) 622-3110 Ken P e tty fo r defendant K aiser Pages 1 to 05/20/00 13:18 TX/RX NO.0434 P.002 02/13/01 0 9 :3 0 KMES0 -> 1 4 1 0 4 4 0 2 3 6 0 _______________________ CRTJM V . B . J . B A R T E L I i S C O . , E T A l i . NO.071 BR EST CROSBY P003/006 1 0. Artd what jo b s ite s d id you p erso n ally ^ 2 visit? 3 A. W ell, cemnereiaL and th e r e s id e n tia l both. A o . S ir, was John Crun an e f fe c tiv e salesman 5 f o r K aiser Gypsum products? 6 A. He was a v ery , very e f fe c tiv e salesm an. 7 He was what in the tr a d e you'd c a ll a salesm an's 8 salesman or g customer salesman. 9 Q. And in your experience and in your 10 su pervision o f n r. c r u s , what made him so e ffe c tiv e ? It A. Honesty, in te g r ity , and he was Ju st On th e 12 job when he was supposed ig be, f u l f i l l e d a l l our 13 requirem ents o f o b ta in in g customers and th e s a le o f 14 the products. 15 Di,i Mr- Crua receive any awards from Kaisei 11 Gypsum fo r h is s a le s a c tiv itie s ? A. w e ll, th is is an in d ic a tio n h ere 18 (in d ic a tin g ) . 19 T h a t's -- y o u 're po in tin g to E xhibit 2? 20 A E xhibit 2 . T h at's when John was receiv in g 21 th e salesman of the y e a r for d i s t r i c t 2, 22 0 . And were you present a t th e ceremony when 23 he was given *M s award? 2* A* Right. 25 ! now "an t to ask you seme q u estio n s, s i r , 1 work on th e houses th a t Mr. Crum co n stru cted , i f you'43 2 know? 3 MR, PETTY; O bject to form of th e q u e stio n . 4 Lacks foundation. 5 A. Well, when he f i r s t got going John and h is 6 son more or less d id th e hanging of the board, taping, 7 te x tu rin g them selves, and then as he went on in the 8 b u sin e ss, b u i l t some b ig g er p la c e s , h is own home f a r 9 exsnsjle, he would h ir e th a t done by local c o n tra c to rs 10 th a t he knew. 11 Q. And s i r , do you know what drywall products 12 Mr. crun used when he was doing h is own tap in g and 13 drywall work? 1* HR. PETTY: O bject t o th e form of th e 15 q u estio n . Lacks foundation. 18 A. W ell, he woulduse Gypsun u allb o ard , then 17 tape and te x tu re and ap ply a c o u s tic s where necessary. ,a o . And where would he g et h is su p p lie s, if you 19 know? Let roe ask you, do you know where he would g e t 20 h is supplies? 21 A. From one of h is d is t r ib u t o r s . ' 22 And do you know what brand of dryw all, 23 jo in t compound and f in is h conpound he used on th ese 24 houses? 25 A. K aiser. 1 concerning same of th e other work th a t Mr. Crum d id 2 2 when he w asn't selL ing Kaiser Gypsun products. Ard I 3 guess my q u estio n to you, s i r , i 5 d id Hr. Crus - - you 4 t e s t i f i e d ex te n siv e ly th a t Hr. Crun sold K aiser Gypsum 5 p roducts. Bo you know whether o r not Mr. Crun used 6 K aiser Gypsum products? 7 A. He used them p erso n ally . 8 0. And how was th a t, s ir ? 9 A. welL, John b u ilt some spec houses in Washoe 10 Lake, Nevada, which i s between Reno and Carson C ity . PETTY: Counsel, can I ju s t in te rp o se ^ objection to lack o f foundation. 13 0 . Go ahead, u MR. PETTY: Go ahead. 15 ! t " as stone with my f u ll knowledge, because 16 John was th e type o f guy th a t i f he wanted to do 17 work on one of these houses h e 'd be out th e re a t 3-.30, 18 4:0q in th e morning and be ready to go to work en h is 19 normal s a le s jobs norm ally by 8, B:30 in th e morning, 20 work a l l day and then work evenings. 21 Q' f i f s t of a l l , how do you know th a t Mr. Crun 22 constru cted houses on th e side? 23 A- U e tl- 1 v is i te d mast of h is u n its when I 'd 24 b* up "here working with him*23 23_____ And " ho w ou ld do the ta p in p and d rvw alL 1 MR. PETTY; o b je c t to th e form of th e 44 2 question, lacks foundation. 3 0 . I'm so rry ,s i r , what was your answer? 4 A. K aiser. 5 g. 6 break? 7 A. Thank you. Do youwant to take a sh o rt Yeah, l `d lik e to . 8 THE VJPEOGRAPHER; Off th e record a t 11:23. 9 (R e c e ss.) 18 THE V1DEDGRAPHER: On th e record a t 11;40. Mr. Crosby, a t th e tim e th a t John Crun was 12 working fo r you s e llin g K aiser Gypsum jo in t and f in is h 13 compounds, were you aware th a t th o se products 14 contained asbestos? . 15 A. No. 18 Did th e re come a tim e, s i r , when you had 17 any concerns regarding p o te n tia l asb esto s content in 18 K aiser Gypsum products? 19 A. Yes. 20 * S ir , can you d e s c rib e approxim ately when 21 th a t was th a t those concerns developed? zz A. Probably th e la te `60s, '69 to '70, yeah. 23 0 . And can you d e sc rib e what caused you to be 24 concerned about asb esto s in K aiser Gypsun products? 25 A. Uftll, u i had and aanr*ctar* 9 d e a n MOBURG & ASSOCIATES (206)622-3110 Pages 41 05/20/00 13:18 TX/RX NO.0434 P.003 0 2 / 1 3 / 0 1 0 3 j 3 S _ K M E S - 1 4 1 0 4 4 0 2 3 6 8 /- N O .0 71 1 a p p lic a to rs th a t asked us o u trig h t i f we had asb esto s5 2 in our products, and I w asn't knowledgeable of any 3 asbestos. 7----------------------------------------------------------- 7 1 A. Mo, we d o n 't have any ac c e sso rie s in o u r -- 2 any asb esto s in our a c c e s s o rie s . 3 q . A fter you were to ld by Mr. K irk and Mr. 4 Q . And what i f anything d id you do in response 5 to those customer inquiries? 6 A. I think in about 1970 I want to George 7 Kirk. 8 0. And who was Mr, K irk," s ir ? 9 A. He was th e a d m in istra to r of m anufacturing 4 k a f f a e lli th a t th e re was no asb esto s in K aiser 5 Gypsum's p ro d u cts, what i f anything d id you do? b A. w e ll, a t th a t p o in t i t was J u s t about th e 7 time we had a d i s t r i c t s a le s meeting coming up. So a t 8 th e saLes meeting q uestion came to me from some of th e 9 salesmen, do we have asb esto s in our p ro d u cts, and 1 10 in n o rth e rn C a lifo rn ia , w ell, j th in k fo r th e whole 11 company, but in our a re a . 10 s a id , to my knowledge, no. 11 and with Al R a f f a e lli, I checked with George Kirk 12 Q. Did you speak to Mr. K irk, s ir ? r 0 . What was th e g en eral re a c tio n of your s a le s 13 A. I ta lk e d to George, and I s a id , G eorge, i 'n 13 s t a f f upon learn in g th a t no asb esto s was contained in 14 g e tt in g q u e s tio n s from custom ers and do we have any 14 K aiser Gypsun products? 15 asb esto s in our products. ^5 MR. PETTY; O bject to form. Can we t r y to 16 Q- 17 s ir ? And where d id th is conversation take place, 16 slow down the q u estio n s and then th e answ ers. 17 MR. BERGMAN; I ' l l f in is h my q u estio n , 18 A. in th e K aiser Center on th e Z4th f lo o r . IB y o u 'll o b je c t, then w e 'tl go On. 1$ Q. And approxim ately how f a r was Mr. K irk 's 19 MR. PETTY: Yes. 20 o f f ic e from Mr. C o sta's o ffic e ? 20 MS. BERGMAN: So l e t me t r y ag ain w ith my 21 A. Well, probably 100, 150 f e e t. question. 22 o . And what i f anything d id M r. jfirk t e l l you 23 in response to your in q u irie s concerning th e presence I22 0. What was th e r e a c tio n of your s a le s s t a f f f 92*3* when you to ld them th a t th e re was no asb esto s in 24 of a sb e sto s in K aiser Gypsun products? 24 K aiser GypStM produets? . 25 MR. PETTY: O b ject to form , t a i l s fo r MR. PETTY: O b jectio n , c a lls fo r hearsay.*1 P004/006 1 hearsay. 4b 1 A. R elieved. 48 2 Q. What d id Mr. Kirk t e l l ygu in response to 3 th at inquiry? 2 0. And why was t h a t , s i r , to th e b e st o f your 3 knowledge? 4 MS. PETTY; Same o b je c tio n . 5 A. We d id not have asb esto s in our products. 6 D. l d o n 't understand, s i r . 4 A. Well, because i f you - 5 MR, PETTY: O b jectio n , lack s foundation. 6 Calls fo r Speculation. ? A. In Dur accessory p ro d u cts. 6 0 . What did Mr, Kirk t e l l you? 9 A. When I asked him -- 10 MR. PETTY: same O bjection. ' 11 A, 1 asked him i f we had asb esto s in aur 7 A. I f you had asb esto s in your product i t fl would be neg ativ e towards s a le s , end__ 9 O. Did you have any d isc u ssio n s with John 10 concerning presence of asb esto s in K aiser Gypsun 11 products? Crum 12 products because we had had in q u ir ie s from our 13 customers , and he s a id no. So then I went to Al H R a ffa e lli who was th e accessory s p e c ia lis t in th e 15 m anufacturing of a c ce sso ries at Antioch and - - 16 0 . Where d id th a t co n v ersatio n take place? 17 A. Ax Anxioch 8t h is Laboratory. 18 0 . And approxim ately when d id th a t ta k e plac 19 A. I t was 1970, I th in k . 20 0. And what d id you say to Mr, R a ffa e lli? 21 A. 1 asked him, I .s a id , A l, is th e re any 22 asb esto s in o u r accessory p ro d u cts. 23 0 . And what did Hr. S affaeL li 5ay to you? 24 MR. PETTY: O bject to forro, c a lls fo r 25 hearsay. 12 A. He attended th e m eetings, th e meeting th a t 13 we d iscu ssed t h a t. 1* * And what if anything d id you t e l l John Crun 15 concerning the presence o f asb esto s in K aiser Gypsum " products? A. That according to th e research and f 1IiS8 development departm ent, th e m anufacturing, we d id not 19 have accessory - - asb esto s in our a c c e sso rie s . 20 4. And what was John Crum's re a c tio n upon 21 le arn i ng th is inform ation? 22 V-3 hearsay. MR. PETTY: O bject to form. C alls fo r 24 A. R e lie f. 25 0 . Can you be a l i t t l e more s p e c ific ? Pages 45 t o 48 DEAN MOBURG & ASSOCIATES (206)622-3110 05/20/00 13:18 TX/RX NO.0434 P.004 02/13/81 09:48 KMESfl / 1 4 1 0 4 4 8 2 3 6 8 ________________________ C R U M V . E . J , B & R T E L L S C O ., E T A lt. BREN T NO. 071 CRO SB Y P005/00S 1 MR. PETTY: Objection to the form. Z for hearsay and speculation. 3 A. Relief insomuch as -- Calls 49 4 Q. Let me rephrase the question fo r you, Mr. 5 Crosby, and understanding that counsel has a standing 6 objection. What did Mr. Crun t e l l you a fte r you told 7 him That there was no asbestos in Kaiser Gypsum B products'? " 9 A. Well, that he would go to his customers and 10 t e l l them that we did not have asbestos in our 11 products. 12 Q. Mr. Crosby, I'm going to hand you what's 13 been marked as P la in t if f 's Exhibit no. 4. And I'm 14 going to put on the easel a blow-up of page 1 of 15 E xhibit 4. When was the f i r s t tim e, s i r , th a t you saw 16 Exhibit this document? ^ * think it was probably about three te IS four months ago* 19 ftnri p r io r to seeing E xhibit 4, d id you hove 20 any knowledge as to whether or not asbestos was 21 contained in kaiser Gypsun products? 22 A. No. 23 a . What was your -- prior to viewing Exhibit 4 24 what was your understanding as to whether or not 25 asbestos was present in Kaiser Gypsun products? 1 Q. Mr, F lic k e r was on th e 24th flo o r? SI H A, { th in k he was th e r e and a t Antioch. 3 o . Mow, i f you could ju s t go down the 4 in d iv id u a ls , we ju s t have i n i t i a l s th e re , i f you could 5 t e l l us who th ey are and what they d id fo r th e 6 company, to the e x te n t th a t you know. 7 A. This is Robert A llse ed . He was th e plant 8 manager of th e Antioch p la n t. And Caprye, 1 think he 9 was involved with th e S e a ttle p la n t. Jack Cassidy was 10 th e manager of our F irte x p la n t in S t. H elen 's, Oregon 11 where we made softboard products, chambers I think 12 was back e a s t. ] th in k Dicks was back e a s t. I d o n 't 13 recognize th is one. 14 a . T h a t's Mr. Homani 15 A. Mr. Homan, 16 a . Okay. 17 A. Modaff r th in k was a t S t, Helens. P. 0 . 15 Orleman was - - h e rep laced Bob AUgood as the manager 19 of th e A ntioch p l a n t . T h is o n e i d o n 't re c o g n iz e 20 ( in d ic a tin g ) . W hat's t h a t , Trs-boo? 21 0. Trauba 22 A. Traub, I th in k he was e a st co a st. This is 23 Jim -- j . H. Walton ( in d ic a tin g ! . I d o n 't re a lly know 24 Walton. 25- This i s Richard Wiborn (in d ic a tin g ) . He 1 A. well, as i had stated, the proper people in 2 my mind said we d id n 't, and so ! took i t a t face 3 value. This le tte r was shown to me by counsel from 4 san Francisco at my home in Walnut Creek. 5 Q. Sir, i'm going t0 ask you some questions 6 about Exhibit 4. And what P d tike you to do, s ir , is 7 i f you could stand and take the pointer, and I'm going 8 to ask you to identify the individuals id en tified in 9 that or named in that 1965 document startin g with L, 1D a . Flicker on the right. PBTTYj Counsel, can I just c la r ify 12 -hat is Exhibit 4? is it a one page th a t's up there >3 on the chart or is i t multiple pages? U BERGMAN: The docunent on the - - the 15 chart is the f i r s t page of Exhibit 4, The exhibit for 16 purposes of this deposition is the en tire_document. 17 My inquiry is going to be restricted to the f i r s t 1B page. 19 W . PETTY; Thank you. 20 s,>. f i r st of a lt, could you t e l l us who 21 Li R, F lick er ig? 22 A. Leonard Flicker, in my mind, was our safety 23 irtjineer. 24 And where did Hr. Flicker work? 25 A. Put of the kaiser Center on th* 2ith flo or. 1 was -- what d id Dick do? At th a t rime in 196S t doiV? 2 know what Wiborn was attac h ed to a t th a t tim e. 3 And th en th is i s sam W itt (in d ic a tin g ). 4 Samuel W itt, he was th e p la n t manager of th e Long 5 Beach plant. Paul Franklin was vice-president of 6 p ro d u ctio n . George k irk was Our research d ir e c to r . 7 a . And s i r , was th e George k irk anExhibit 4 "" excuse me -- yeah. E x h ib it 4 -- th e same George 9 kirk that you spoke to in 1970 - 10 A. Right. " "ho to ld you th e re was no asbestos in 12 k a ise r Gypsum products? 13 A. R ig h t. . MR. PETTY: O bject to th e form of th e 15 q u estio n . 16 And how about J. c . R eilly, sir? 17 A- J . C. R e illy , he was anatto rn ey with the 18 co rp o ratio n . 19 Where was Mr. R e ill y 's o f fic e located, s ir ? A. On th e 24th f lo o r of th e K aiser C e n te r.' 21 There was E r n ie S o h s p e r. E r n i e S e h a p e r was -- he was 22 th e v ic e -p re sid e n t of p ro d u ctio n . P art of S t. HeLen's 23 p la n t, p a r t of S e a ttle p la n t, th e Antioch p la n t. 24 2 5 C r-e b v. Uell. thank you, Mr. R eilly, yo u a n s i t down i * yo u e h n a c . okay, Mr. J n *t wont D EA w OBTJRG & A S S O C IA T E S ( 2 0 6 J 6 2 2 - 3 1 1 0 P ag es 49 to 05/20/00 13:18 TX/RX NO.0434 P.005 02/13/01 0 9 :4 0 KMESR ______ ________C R U M V . E . 14104402360 J . BARTELLS CO, , ET A L. NO.071 P 0 0 6 ,'0 0 S BRENT CROSBY 1 0. And did you see a warning on any of those57 Z bags of Kaiser Gypstin products? 3 ft. PETTY: object to form, tacts 4 foundation.. 5 A. Hot to my knowledge. 6 0. Did you see a warning on any of the bags ot 7 K aiser Gypsum products th a t were so ld under your 6 auspices th at breathing asbestos could cause a hazard 9 to hunan h ealth ? 10 MR. PETTY; Same objection. 11 A. H a t to my k n o w le d g e , o r memory. 12 o. Are you aware of any oral warnings that 13 were given to Kaiser -- given to any o f your customers 14 concerning dangers associated with asbestos that was 15 contstncd in ICfifstr cypsun products? 16 A. No* 17 Mft. PETTY: Object to form, lack of 18 foundation. 19 A. No. 20 0. S ir , I'm handing you what's been marked as 21 Exhibit 7. S ir, prior to th is deposition, have you 22 ever seen the text of the warning contained in Exhibit 23 7? 24 A. Not to myknowledge. 25 0. Are you aware of -- are you aware of any 1 of th is case? 5? 2 A. No. 3 o. Are you te s tif y in g here pursuant to a 4 subpoena? 5 A. res. 6 9. And o th e r than reimbursement fo r your 7 tran sp o rta tio n expenses, are you receiving any 8 compensation fo r your testimony here today? 7 A. Ho. - 10 Have you had any d isc u ssio n s with K aiser 11 Gypsun's lawyers concerning y o u r testim ony in th is 12 law suit? 13 A. Ves. 14 And ean you relate for us the time, the 15 place and the nature of those conversations? 16 A. Well - ,7 Mft- PETTY: I'm going to o b je ct to the 18 ex ten t i t c a l l s fo r hearsay. 17 9. You can go ahead and answer. 2 A. I met witht h i s gentleman r ig h t h ere f i r s t 21 a t my house in Walnut Creek, C a lifo rn ia , ta lk ed to him 22 on th e phone p rio r to th a t. Then a t a la te r d ate, 23 which was about th re e weeks ego, t met with him end 24 h is eqaloyer sa b rie lle at my house in Walnut Creek. 23 Q. Was th a t G ab rie lle Jackson, s ir ? * - tin T discussions among senior Kaiser Gypsum management that 2 warnings needed to be placed on Kaiser Gypslid' s 3 asbestos-eontaining products? 4 A. No, not to my knowledge. 5 Q. S ir, during the time that you worked for 6 Kaiser Gypsum, did you consider yourself to be a loyal 7 employee? a A. Absolutely. 9 Mft. PETTY: Objection, leading. 10 a . And today, s ir *- what was the feelin g that 11 you had toward Kaiser Oypsun at the time that your 12 employment for that company came to the end? 13 w ell, it was best company 1 ever worked K fo r. We were very upset that they sold the company to 15 Domtar of Canada. ^ 3- And as you look back over the years that 17 you spent with Kaiser Gypsum, the 18 years that you 18 spent with Kaiser Gypsun, how do you fe e l about that 19 portion of your life ? 20 ** ^TTY: Object to form. 21 a. Very good. 22 Q. Are you a party to th is law suit, s i r , John 23 Crum 's la w s u it? 24 A, Wo. IS 0. And do you have any in terest in the outcome 1 A. Yes. 60 2 a. And what did Kaiser Gypsun's attorney say 3 to you during the course of that meeting at your home 4 approximately three weeks ago? 5 6 hearsay, Mft, PETTY: Object to form. C ells for 7 A. Pretty much the same questions I'v e been 8 asked today. Gave the same answers. 7 MR. PETTY: Object and move to strik e the 10 nonresponsive portions of his answer. 11 * Oid you have any discussions with Kaiser 12 Gypsun's -- did caiser Gypsum's lawyer mention 13 anything to you concerning your loyalty to the 14 company? 15 MR- PETTY: Object to form. Leading, ca lls 16 f o r h e a rs a y . 17 *- Well, he asked me if 1 was a dedicated 18 employee, enjoyed ray employment, which I answered both 19 p o sitively. * And do you s t i l l feel that today, s ir ? * 21 a. Absolutely. MR- BERGMAN; Those are the only questions 23 that I have. ^4 MS. PETTY: You're restin g your d irect 25 examination? DEAN MOBURG & A SSO C IA T E S ( 2 0 6 ) 6 2 2 - 3 1 1 0 P ages 57 to i 05/20/00 13:18 TX/RX NO.0434 P.006 02/13/01 1 0 :2 8 KMES8 * 14104482368 NO.0 7 5 P 0 17/0 1 8 CRUM V . E . J . B A R T S L L S C O . , E T A I*. BREN T CROSBY HI?, BERGMAN; For now. 61 2 MR. PETTY; Well, i t 's si(h er you gpe op 3 you 're not. Does th is complete your d irection 4 examination videotape of Mr. Crosby? 5 HR. BERGMAN; Y es,it does. 6 HR. PETTY: At t h is time w e 'll take a lunch 7 break and come back at what, 1:30, 1:15? - 8 HR. BERGMAN: 1 :1 5 . " 9 MR. PETTY: Fine. to THE VTOEOGRAPhEr : o ff the record at 12:03. 11 {Recess.3 12 MR. PETTY: This is Ken P etty for Kaiser 13 Gypsum company, before we resumed, e a r lie r today I 14 talked to Nr. Bergman about a b it of a dilemna we're 15 in. we have pending discovery interrogatories to Che 16 p la in tiffs which have not been supplemented. Much of 17 the information that I'v e heard here today for the 1B f i r s t time is information I believe ue were en titled 19 to in supplemental d isc o v e ry responses. Much of i t is 20 also at odds with h isto rica l information that is not Z1 currently a t my disposal, and as a resu lt I'm not in a 22 position to proceed at th is moment with Mr. Crosby's 23 videotaped perpetuation deposition. 24 I raised this with Mr. Bergman, i t would 25 be our position that we w ill proceed with our 1 MR. BERGMAN: P la in t iffs take the position 2 that th is deposition has been noted fo r three weeks. 3 There have been numerous discussions as to the time of 4 th is deposition. This deposition was rescheduled 5 several times to accommodate the schedule of defense 6 counsel, we w ill take the position that Kaiser Gypsum 7 has waived eny cross-examination that they may choose 8 to take or they may have had the opportunity to take 9 in th is deposition, and that w ill be our position. 10 HR. PETTY: And that is of course a 11 d ifferen t position than you conveyed to me in our 12 discussions before we came in here. IS MR. BERGMAN: I conveyed to you that you 14 should go as fa r as you can and we'd see where things 15 ended up. I d id n 't realise that you were going to not 16 do anything today, and i f e l t lik e at the conclusion 17 o f a cross-examination today, as th is is no d ifferen t 18 than any other deposition in any other ease, we could 19 a t that point b etter assess where we'd go from here, 20 but we are obviously of d iffe re n t opinions at th is 2 1 juncture. 22 MR, PETTY: At th is point I want the record 23 to r e fle c t the language verbatim in p l a i n t i f f 's 24 emended notice of videotaped deposition for Mr. 25 Crosby. It sta te s in part, "The said videotaped 1 videotaped cross-examination at a future date and time 2 to be agreed upon. And is that more or less what we 3 discussed, Mr. Bergman, and agreeable to you? 4 MR. BERGMAN: Well, I had understood that 5 you were going to proceed th is afternoon as far as you S are able, and at that point we would address the issue 7 as to what additional examination would be necessary, B MR. PETTY; What I conveyed to you is that 9 that was a p o s s ib ility , sin ce th is is a videotaped 10 deposition and w ill in fa ct serve as our t r ia l record, 11 1 think any t r i a l lawyer would not proceed without 12 being prepared to do the f u l l examination and have 13 whatever documents or depo transcripts or a ffid a v its 14 might be necessary to conduct that examination, i f l 15 ware to p ro c e e d today more o r less treatin g th is as a 16 discovery deposition then y o u 're putting me in a 17 position where a t tri a l I m ay h ave t o cut and paste IB pieces of the video together. Just as you had the 19 gppertm iiy to present your t r ia l examination of Hr. 20 Crosby in a continuous organized fashion the way you 21 chose, ! would lik e to have that same choice myself in 22 the presentation of his examination. 23 So with that we w ill reserve our right to 24 take the -- to complete the deposition of Hr. Crosby 25 at a later time. 1 deposition t o be s u b je c t t o continuance or adjournment 2 from time to time or place to place u n til completed." 3 Nowhere in t h is notice d o e s i t s e y t h e r e was a n y 4 necessity that th is deposition be completed today or 5 that i t be completed here in S e a ttle . 6 in addition, i f you wish I ean make a 7 record end append to the stenographic record the 8 discovery responses that we have received from 9 p la in t if f , i think t would lik e to do that i f you 10 have a copy. Ask the court reporter to mark th is as 11 Kaiser Gypsun 1. 12 13 1 .) (Marked Deposition Exhibit Kaiser Gypsun 14 HR. PETTY: And fo r the record the document 15 th a t's been marked as Kaiser Gypsum Exhibit 1 is a 16 copy of the set of interrogatories and requests for 17 production propounded by Kaiser Gypsun to the 18 p la in tiff s in th is case including the p la i n t i f f 's 19 answers and responses thereto as signed by Mr. Crun on 20 Movenfcer 6, 1996 at his home in or outside of Reno, 21 Nevada. " In p a rticu lar, interrogatory No. 10 23 requests p la in t iff to set forth each and every fact 24 U pon w h ic h p l a i n t i f f s in t e n d fca p a l y i n a a t a b l i a h i n s 25 each alleged theory of l i a b i l i t y against Kaiser P a g e s 61 t o 54 DEAN MOBURG & ASSOCIATES ( 2 0 6 ) 6 2 2 - 3 1 1 0 05/20/00 14:01 TX/RX NO.0436 P.017 02/13/01 10:29 K M E S > 1 4 1 0 4 4 8 2 3 6 8 NO. 0 7 5 P01 8 / 0 1 8 CROM V . E . J . BARTELL5 CO. , ET A l i . BRENT CROSBY 1 Gypsun. P la in t iffs have listed th e ir theories of 65 2 l i a b i l i t y . However, interrogatory No. 11 asks for the 3 Id entity and the current business/residenee address, 4 phone number of each witness you inter*! to c e ll at 5 t r i a l to establish your alleged theories of l ia b i l i t y 6 against W iser Gypsun and request a description of 7 what each witness w ill t e s t ify to. 8 The response provided on November 6. which 9 has never been supplemented, simply sta tes, ID " P la in t iffs have not yet selected th eir tr ia l 11 witnesses. A ll witnesses w ill be disclosed in 1Z p l a i n t i f f 's 105 day designation." And of course 13 th a t's not been file d yet since i t ' s not due, I think, 14 u n til A p ril, something of that nature. That would be 15 our record. 16 May i also take th is opportunity to issue a 17 subpoena to Mr. Crosby fo r the completion of h is 18 deposition. 19 The witness: i don't want i t . ^ mr. petty; And s ir , that is a subpoena Z1 issued to you f o r your attendance to compLete th is ZZ deposition, j assune that we can work with counsel ro 23 reach an agreement i f the date doesn't work or the 24 place doesn't work, Ue have always been able to reach 25 agreements to acconmodate the needs of the attorneys 1 AFFIDAVIT 2 3 STATE OF WASHINGTON 4 5 COUNTY OF KING 6 > ) as. ) 7 I have read my within deposition, and th B same is true and accurate, save and except fo r change 9 and/or corrections, i f any, as indicated by me on the 10 correction sheet hereof. n 12 13 BRENTWOOD CROSBY 14 15 16 SUBSCRIBED AND SWORN to before me th is __ 17 day of______________ _ 1999. 18 19 20 21 22 Notary Pubiic in and for the State 22 of Washington, residing at . 24 25 1 and of our respective witnesses, 66 Z MR. UE3B: What date do you haver righ t now, 3 Ken? 4 MR. PETTY: Nown e lly J picked the date of 5 March 10th here at my o ffic e s at 10 a.m., and i w ill 6 also give h r. Crosby a copy of the notice of the 7 completion of his deposition for that time and place. S And Mr. Bergman, i ' l l - 9 MR. BERGMAN: Thank you, Ken. IQ MR. PETTY: For the record I'd lik e marked 11 as Kaiser Gypsum Exhibit No. 2 the subpoena and the 12 deposition notice fo r the continuation and completion 13 of th is deposition. 1* (Marked Deposition Exhibit Kaiser Gypsun 2.) 15 (Deposition adjourned a t 1:30 p.m.) 16 17 ie 19 2D 21 22 23 24 25 DEAN MOBURG & ASSOCIATES 1 CERTIFICATE 2 3 STATE OF WASHINGTON A 5 COUNTY OF KING 6 1 SS. > 7 I, the undersigned Notary Public in and for the 8 State of Washington, do hereby c e r tify ; 9 That the annexed and foregoing deposition of ea 10 witness named herein was taken stenographically before 11 me and reduced to typewriting under my d irection; ^ I further c e r tify that the deposition was 13 submitted to each said witness for examination, readin 14 end signature a fte r the same was transcribed, unless 15 indicated in the record that the parties and each 16 witness waive the Signing; 17 I further c e r tify that a l l objections made at t 18 time of said examination to my q u a lifica tio n s or the 19 manner of taking the deposition, or to the conduct ef 20 any party, have been noted by me upon said deposition; 21 I further c e r tify that I am not a re la tiv e or 22 eirployet or attorney or counsel of any of the parties 23 to said action, or a relative o r employee of any such 24 a t to r n e y a r c o u n s e l; ^ 1 further t e s t ify that I am not in any way 206)622-3110 P ag es 5 t o 05/20/00 14:01 TX/RX NO.0436 P.018  0 2 /13^01 10:21 KMES 14104402368 N O .0 7 5 P002/01B CRPM V . E. J . B A R T S LIifi C O . , H T A L . BRUNT CRO SBY 1 IN THE SUPERIOR COURT OF THE STATE QF WASHINGTON^ 2 IN AND FOR THE COUHTY OF KING 3 4 JOHN E. CRUM.and MARILYN J. J 5 CRUM, a married couple, j 6 - Plaintiffs, j vs- ) n o , 9S-2-24915-35EA 7 TeHt Eafl.. , J. BARTELLS _COMPANY', j1 3 9 .................. Defendants. } ) 10 11 Videotaped Deposition Upon oral Examination 12 of 13 BRENTWOOD CROSBY H ..................... 15 ' Id 17 IB 10:20 a.m. January 19, 1999 1201 Third Avenue. Seattle, Washington 19 2D 21 22 23 24 Cheryl. Macdonald CCR 25 Court Repor te r License No. MACDDCA457LC 1 2 3 4 EXAMINATION 5 BY MR. BERGMAN: I NDEX .............. ........................................... 6 7 EXHIBITS MARKED 8 Exhibit Nos. 1 - 7 .................................................... 9 Exhibit No. 8 ..................... Kaiser Gypsun no. 1 .................................. 10 11 Kaiser Gypsum No. 2 .................................................. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PABE 5 pAQE i 1 APPEARANCES 2 3 FOR THE PLAINTIFFS: 4 5 4 saB "" SSuTiteO530'r0d 'L Seattle, Washington 98101 7 FOR CCR DEFENDANTS: 8 9 10 FIBERELAS: CORNING 12 13 FOR E. J . B A R T E U S C O .: 14 15 1d FOR RAPID AMERICAN 17 and W.R. BRACE; 18 19 FOR KAISER GYPSUH: 20 ' 21 . 22 and 23 2 A 25 ALSO PRESENT!_________ HENRY WINDER WEB0, IH STornev.at Lau ' S12u0i1teP2a2c0i0fic Avenue Tacerne, Washington 96401 RONALD C. GARDNER 2S2u0i0te^s6x00th Avenue Seattle, Washington 981Z1 CHERYL ZAKRZEWSKI 4itornev at Law Suite 5511Avenue Seattle, Washington 96104 VALERIE BURNS AJigrney at law 1420 Fifth Avenue Suite 4100 Seattle, Washington 98101 KENNETH E. PETTY Attorney at Law 01 uTnuioonUSmtorenestquare Seattle, Washington 98101 PAUL J. GAMBA $|itney at Law 5i58t0n CFaLloifoorrnia Street San FpftsUw, California KEITH PAYNE, Videographer 9410* 1 {Marked Deposition Exhibits 1 - 7 . ) 4 2 THE VIDEOGRAPHER: Ky name is Keith Payne. 3 My address is 2127 Second Avenue, no. 3 o5, S e a t t le , 4 Washington 98121. My phone mmber is 206-233-1306. 5 I'm the video s p e c ia lis t for Royal Video Productions 6 Whose principal place of business is 950 Northwest 7 Firwood Boulevard, Issequah, Washington 98027. Royal 8 Video's phone nunber is 425-391-6809. 9 i ' l l be the operator of the audio/video 10 equipment fo r the deposition of Brent Crosby being 11 videotaped at the o ffic e s of Weinstein and Bergman, 12 1201 Third Avenue, S e a ttle, Washington. The caption 13 of the case is John E. Crun and Marilyn J. Crun vs. 14 The E. J. Bartel Is Company, et a l . The case ntaitoer is 15 98-2-24915-3 SEA. 16 This v' deotaped deposition is being taken 17 on behalf of the p la in tiff* . Todays date is January 18 19, 1999. The current time is approximately 10:22 IP a.m, w ill the attorneys present ptease iden tify 20 a 21 22 p la in t iff . BERGMAN: H a t thaw Serenan for th e 23 MS. PAGELER; Meg Pageler for the 24 p l a i n t i f f . ^ PETTY: Ken P etty for defendant Kaiser D E A N M OBURG S A S S O C I A T E S (206}622-3110 Pages 1 to 05/20/00 14:01 TX/RX NO.0436 P.002 02/13X 01 1 0 :2 1 MESA X 14104482368 NO.0 7 5 P 0 0 3 /0 1 8 CRUM V . B . J . BARTELLS C O . , ET AL. BRENT CROSBY 1 Gypsun Conpany, 2 MR. GAKBA: And Paul Gamba on behalf of 3 K a ise r Gypsum Conpany, tn e . 4 MS, ZAKRZEW5KI: Cheryl ZakfiewSki fo r E. 5 j . BartelLs. 6 MS. BURNS: V alerie Burns fo r Rapid 7 American and W. R. Grace. 8 MR. GARDNER: Ron G ardner f o r Owens 9 Corning. 10 MR. WEBB: Henry Webb f o r CCR. 11 THE VIDEOGRAPHER: Will the court reporter 12 please swear in the witness. 13 6REHTU00D CROSBY, witness herein, having been f i r s t duty sworn by the Notary, deposed 14 and said as toHows: 15 THE VJDEoGRAPHER: You may begin. 16 17 IB EXAMINATI ON 19 BY MR. BERGMAN: 20 Q. Could you please sta te your fu ll name, s ir . 21 A, My fu ll legal name? 22 Q. Yes, s ir . 23 A. Brentwood Fairchild Crosby. 24 ft. Mr. Crosby, where do you live? 25 A. In Walnut Creek, C aliforn ia. 1 Q. And what branch of service was that? 2 A. Well, I started out here in S e a ttle with 3 the Army Transport Service, and la ter I was in the 4 Merchant Marine, and then in the Marine Corps reserve. 5 0. And what years were you in the Marine 6 Corps, sir? 7 A. Well, l e t 's see. I t was 1944 to *46. & 0. During that time frame were you stationed 9 a t any one part of the world? 10 A. B a sica lly the Southwest P a c ific . 11 B, And did you p a rticip a te in any canpaigns 12 during that time? 13 A. Yes. 14 And what campaigns were those, sir? 15 A. At Kuajalein islands and the Marianas and 16 the Solomons. 17 0. Were those serious b a ttle s , s i r , in the 18 h isto ry of the United states? 19 A. Yes. 20 Q. S ir , are you married? 21 A. Yes. 22 B. And what's your w ife' s name? 23 A. Mary Jean. 24 B. And how long have you and Mary Jean been 25 married? 6 1 0. And have you always lived in Walnut Creek? 2 A. NO. 3 Q. Where did you grow up? 4 A. 1 was born and raised in Seattle, 5 Washington. 6 a. what part o f Seattle? 7 A. west S e a ttle . S 0. And where did you 9 0 to high school? 9 A. West S e a ttle High School. 10 O. Did you have any other education in 11 Seattle? 12 A. Seattle U niversity, was Beattie Colle s e at 13 that time 14 0. And does anybody in your fam ily s t i l l liv e 15 in Seattle? 16 A. My s is t e r . 17 o_ And who are you staying with -- 18 A. Hy s is t e r , in West S e a ttle . 19 0. s i r , when did you leave Seattle? 20 A. in about 1952 -- excuse me, 1954. 21 o. And since Leaving S e a ttle , have you come up 22 from time to time to v is it ? 23 A. Quite o ften . 24 0, s i r , have you ever served in the m ilitary? zs a. res. 8 1 A. 52 years. 2 Q. S ir , could you trace for us the path that 3 your career followed a fte r you were discharged from 4 the armed forces. 5 A. Well, see, I went to work for Urban Smythe 6 and Warren -- they're a mechanical contractor -- on 7 the Hanford project in Hanford, Washington. Then we a finished there, came back to Tacoma and worked for 9 F. A. Urban Company, which was one of the partners of 10 urban Snrythe and Warren. And from Urban Snythe and 11 Warren I went to Automatic Sprinkler Corporation of 12 America. 13 We moved to Portland and in Portland I 14 worked for the Heinz Conpany, which was a mechanical 15 contractor. And in 1959 I was contacted by kaiser 16 Gypsan Conpany and asked to come down to C a lifo rn ia , 17 to Oakland, to have an interview. In 1960 1 Joined 18 Kaiser Gypsun in Oakland. 19 Q. And how long did you work from Kaiser 20 Gypsum a fter joining the organization in I960? 21 A. Until 1978 when they were sold to Domtar 22 Gypsun Conpany, and we went over to Domtar at that 23 time u n til 1989, 24 0. What positions did you hold in Kaiser 23 Gypsun between 1960 and 1978, sir? Pages 5 co 8 CAN MOBURG & A SSO C IA T ES ( 2 0 6 ) 6 2 2 - 3 1 1 0 05/20/00 14:01 TX/RX NO.0436 P.003 0 2 /1 3 /0 1 10:22 KMESft * 1 4 1 0 4 4 S 2 3 6 S NO.0 7 5 P 0 0 4 /0 1 0 CRtIM V , S . J . BARTELLS C O . , ET A L . BRENT CROSBY __ 1 A. Well, in 1960 I was hired as th eir 2 architectural representative. 3 C, And what does an architectural 4 representative do? 5 A. Well, his duties were to work with 6 arch itects and designers to integrate the Kaiser 7 Gypsuh products into their sp ecificatio n s. Then in 6 1962 I transferred over into sales in the East flay in 9 Oakland. 10 Q. And what were your resp o n sib ilities as a 11 salesman for Kaiser Gypsun in the East Bay area of 12 California? 13 A. Was to s e ll material dealers and 14 d istribu tors and to work with contractors on the 15 purchase of a ll Kaiser Gypsum products. 16 o. And what was the next position you held 17 with Kaiser Gypsun, Sir? 18 A. 1 was a -* 1965 *- w ell, see, in 1963 1 was 19 made an area manager and transferred to Sacramento, 20 C aliforn ia. In 1965 ( was promoted to d is tr ic t 21 manager, which encompassed a ll of the Central v a lle y 22 to Reno and S a lt Lake City and southeastern Idaho. 23 o. As a d is t r ic t manager fo r the Kaiser Gypsum 24 company, s ir , how many salesmen were you responsible 25 for supervising? 1 o. is that i n Oakland? 11 2 A. In Oakland, rig h t. 3 0 . And what is the Kaiser Center, sir? 4 A. Well, the Kaiser Center was the home of the 5 Kaiser Industries, end they had approximately 64 6 d ifferen t companies represented in the building. 7 o. s ir , I'm handing youwhat's been marked as 8 Exhibit 1, ask you whether you can iden tify that 9 photograph. 10 A. Well, th is is the Kaiser Center i t s e l f . 11 This is Lake Merced right in fro n t of i t , and th a t's 12 lakeshore Drive rig h t in front of i t . 13 0. Could you show that to the videographer. 14 A. {indicating.} 15 0. Where within the Kaiser Center, s ir , was 16 Kaiser Gypsun Company located? 17 A. Basicsl ly on the 25th flo o r and the 24th 18 flo o r. Senior management was more D r less on the 24th 19 flo o r. 20 0. And did you know -- in the course of your 21 work, S ir, did you interact with senior management of 22 Kaiser Gypsun Company? 23 A. Absolutely. 24 Q. . And during the m ajority o f the rime that 25 you worked for that company, s i r , who was the head man 1 A. 14 to 16. 2 Q. And what was the next position you held 3 a fte r serving as a d is tr ic t manager for Kaiser Gypsum? 4 A, I was regional sales manager. 5 O. And as a regional sales manager, a ir , what 6 was your territory? 7 A. Well, i t was northern C alifornia, northern 8 Nevada, sta te of Utah, southeastern Idaho, Oregon and 9 Washington. 10 0. And as regional sales manager for the 11 Kaiser Gypsun Conpony, s i r , a t that time how many 12 saLesmen did you supervise? 13 A. Close to 20, It varied, but i t was 14 probably average around 20. 15 0. During the time that you worked for Kaiser 16 Gypsum, sir, where was the majority of your time 1? spent? And by that I mean where were you 18 headquartered during most of that time? 19 A. u ^ ll, in 1960 when 1 joined the company 1 20 was headquartered in Oakland. They had temporary 21 o ffic e s a t 145 Grand Street in C alifornia. Then in 22 1960 moved into the Kaiser Center when i t opened. Z3 0. 24 s ir ? 25 A. And where is the Kaiser Center located, i t ' s located on lakeshore Drive. 1 in charge of the Kaiser Gypsun Conparry? 2 a , well, Claude Harper was the president of 3 Kaiser Gypsum and when he l e f t R. A. Costa, Bob Costa, 4 became vice-president and general manager. 5 G. Curing the course of your work st Kaiser 6 Gypsun, s ir , did you have the occasion to interact 7 with Hr. Costa? 8 A. ves, 9 Q. And what would be the occasions that would 10 cause you to interact with Mr, costa? n A, Well, i t would be during sales meetings, 12 management meetings, played q u ite a b it of golf 13 together. 14 fl. Sir, I'm handing you what's been marked as 15 Exhibit 2, and I ' m a lso putting a blow-up of Exhibit 2 16 on the easel. Who were the individuals that are shown 17 in Exhibit 2, sir? 18 A. Okay. The fe lla to the le ft as I look at 19 i t is Bob Costa, Robert A. Costa, and the f e lla that 20 he's shaking hands with is John Crun, " 21 Q. Sir, I'm handing you th is pointer. Could 22 you please point to Mr. Costa f o r u s , please. 23 A. This i s Mr. Costa end th is is Mr. Crun 24 (Indicating}, 25 Q. During an average work week, s ir , how many DEAN MOBTJRG & ASSO CIATES ( 2 0 6 ) 5 2 2 - 3 1 1 0 Pages^ 9 to 05/20/00 14:01 TX/RX NO.0436 P.004 ' 02^13^01 10:22 KMES0 14104482360 NO.0 7 5 P005X013 CRUM V . E . J . BARTELLS C O . , ET AL- BRENT CROSBY 1 tim es would you se e Mr. Costa? 2 A. UeU, you wouldn't se t i t up on a weekly 3 b a s i s , but to s i t in meetings with him it would 4 probably be about once a month. 5 o. And hou about .socially, sir? how often 6 would you play g olf with Mr. Costa? 7 A. Oh, three or four times a year. 8 d. Was Kaiser Gypsun Company a *- to your 9 knowledge and to your understanding, s i r , uas Kaiser 10 Gypstin Company associated with any other Kaiser 11 entity? 12 MR. PETTY: Object te form of the question. 13 Go ahead. 14 A. Well, we were a subsidiary of Kaiser 15 Cement. 16 o. And what was Kaiser Cement, sir? 17 A. Well, they manufacture and distributed 18 cement products, bulk and bagged, on the P a c ific 19 coast. 20 b . And what kind of produets in general did 71 K a is e r Gypsun manufacture? . 22 A. Well, they -- in bag cement th ere's fiv e 23 kinds of cement. I think they manufactured a n d sold 24 two, type 2 and type 5 cement. 25 O. S ir, what was your understanding of the 1 representation in the Gypstin division. 2 0. And approximately when did that integration 3 take place, sir? 4 MR, PETTY: o bject as to form. Lacks 5 foundation. 6 A. Best of my reco llectio n , I think i t was 7 around 1970. a a . S ir, during your - as you served as a 9 regional manager and a d is t r ic t manager fo r Kaiser 10 Gypsum, where was your o f f ic e located? 11 A. In the Kaiser Center. 12 Q. And what floor was your o ffice? 13 A. On the 25th flo o r . 14 B. And how often in the course of a week would 15 you have to go down to the 24th flo or to confer with 16 senior management? 17 A. w ell, the support people, production and IS research, had th eir o ffic e s on the 24th flo o r , and it 19 was quite cornnon for us to go down and ta lk to then) 20 about d ifferen t things, but as far as f u lly integrated 21 meetings between d ivisio n and regional sales with the 22 cement coqny i t ' s probably about once a month. 23 o. S ir, I'm handing you what's been marked as 24 Exhibit 3 which was previously id en tified in the 25 November 4 deposition of Joseph Hobby as Exhibit 4. 1 relationship on a day-to-day basis between Kaiser 2 Gypsum and K a ise r Cement? 3 MR. PETTY: Object to the form of the 4 question. 5 4. You c a n answer the q u e s t io n . The lawyers 6 have an obligation to object on behalf of th eir 7 clie n ts and the judge w ill decide later on the nature B of that objection. 9 A. Could you repeat the question. 10 o . Certainly, s i r . Let me rephrase the 11 question. Did there come a time when Kaiser Gypsum 12 and Kaiser Cement became more c lo s e ly intertwined than 13 they were previously in the course of your employment? 14 A. Yes. 15 hr. PETTY; Objection as to form, 16 O. Can you describe the nature of th is 17 interaction? 18 MR. PETTY: Same objection. 19 A. w ell, as business slowed down we had 20 personnel chat covered pretty much the same 21 te r r ito r ie s , areas of resp o n sib ility , as the cement 22 people. So we -- i t was s t the suggestion of the 23 cement company that some of the Gypsum people assume 2& responsibility iap b a i m a b tat*e in p k c i W amt 25 son of the cement guys would assume sales 1 And I ' l l ask you to look a t the f i r s t page, and 1 just 2 have a general question fo r you, s i r . can you 3 id e n tify the.individuals that are lis te d on the f ir s t 4 page of that chart? 5 A. Well, right a t the top is -- 6 Q. Well, just as a general question, can you 7 iden tify those individuals? 8 A. Yes, most of them. 9 Q. I ` m going to now show you a blow-up of the ID f i r s t page of Exhibit 3, and I'm going to ask you some 11 questions now, s ir , about sp e c ific individuals that 12 are depicted on that document. F irst I think you had 13 previously identified a photograph of Mr. Costa. 14 A. Right. 15 Q. What were Mr. C osta's resp o n sib ilities at 16 Kaiser Gypsun? 17 A. Well, he was the general manager. He 18 worked very clo sely, natu rally, with a ll his 19 vice-presidents of the d iffe re n t divisions. 20 0. Next, s ir , asking about Mr. Eshelman, what 21 did he do in the organization? 22 MR. PETTY: Object to the form of the 23 question. Can 1 have a continuing objection a l l your 24 further SKmintngtfpn on th is chart or jrou pant ipg iq 25 -- P ages 13 to IS BEAN MOBURG & ASSO C IATES ( 2 0 6 ) 6 2 2 - 3 1 1 0 05/20/00 14:01 TX/RX NO.0436 P.005 02/13/01 1 0 :2 3 KMESfi -> 1 4 1 0 4 4 0 2 3 6 8 NO.0 7 5 P 0 0 6 /0 1 S CRUM V . E . J \ BARTEtLS C O . , ET AL. BRENT CROSBY . . 17 1 MR. BERGMAN: Take a continuing objection, 2 Ken, th a t's fin e . 3 MR. PETTY; Thank you. A A, Welt, Mr. Eshelman was more or less of an 5 adm inistrative manager for Bob Costa. 6 0. And how about Mr. H. R, Or?ech? 7 A. Orieeh was an administrative assistan t. 8 a. In the course of your duties at Kaiser 9 Gypsum, s i r , did you ever have to interact with Hr. 10 J. U. Blewert? 11 A. Yes. 12 0, And what did Mr. Blewett do at Kaiser 13 Gypsum? 14 A. He was manager o f special products and the 15 promotion of- 16 0. And how about Mr. p, w, Sim pson, s i r . Wha t 17 did he do? 18 A. Mr, Simpson, he was a con troller. 19 C. And l . D. Olsen? 2D A. He was a manager o f tr a ffic and 21 transportation. 22 Q. During the time that you were at Kaiser 23 Gypsum, s ir , who was your iimiediate Supervisor? 24 MR, PETTY: objection as to form, 25 p articu lar part of his career you asked him about. . 1 A. D efinitely. 19 2 G. And who was in charge of research and 3 development during most of the period that you worked 4 there? 5 A, George Kirk. 6 Q. And was there also an individual named Mr. 7 K. C. Dupuis? B A. Yes, th a t' s Harlan. 9 0. And What did Harlan Dupuis do? 10 A. He was again semi-administrative assistant 11 to Bob Costa. 12 0. And how about C. H. Schaper? 13 A. That's Ernie Schaper. He was 14 vice-president of operations, production, 15 o . And how about P. J. franklin? 16 A. He was a vies-presidant o f production. 17 6. And fin a lly , A. Chavez? IB A. Oh, Tony was more or less our manager of 19 our Mexican operations. He-- 20 0. S ir, i f you could look for me on this 21 blow-up, which is the f i r s t page Of Exhibit 3, and 22 t e l l me i f you would, s i r , where the individuals who 23 are lis te d there were o ffie e d , where th e ir o ffice s 24 were located? 25 A. B asically the 24th flo o r .*1234567908 1 MR. BERGMAN: Yeah, I understand. 18 2 a. During the Time that you.were a regional 3 manager at Kaiser Gypsum, who was your iimiediate 4 supervi sor? 5 A. J. J. Hague, James Hague. 6 a. And what were Mr. Hague's resp o n sib ilities 7 at Kaiser Gypsum, sir? 8 A. He was the -- in charge of sa les and of the 9 sales regions, d istricts, as a sales 10 Q. And in an average work week, s ir , how often 11 would you -- during the time you ware a regional 12 manager how often would you interact with Mr. Hague? 13 A. Probably about once a week. 14 o. s i r , what did Mr. Crowle do or what did 15 R. c . Crowle do in the kaiser organization? 16 A. He was a merchandising manager. 17 0. And as merchandising manager, s ir , what was 18 his responsibility? 19 A. To l i s t and promote d ifferent products. 20 Q. And in the co u rse of your t - 21 A. And pass information and direction on down 22 to s a le s , 23 0. In the course of your work at Kaiser 24 Gypsum, s i r . did you have the occasion to interact 25 with the research and development department? DEAN MOBURG & ASSO C IATES . 2C 1 a . S ir, 1 ask you whether you could provide us 2 with a diagram of the 24th flo o r of the Kaiser Center 3 indicating where each in d ivid u al's o ffic e was located, 4 understanding that your background i s in sales not in 5 art. 6 A. Yeah, th a t's rig h t. Well, the Kaiser 7 Center was b a sica lly b u ilt in a crescent. This would 6 be a typieaL o ffic e flo o r for a l l 28 flo o rs. In th is 9 corner was Harper and then Costa, and then Hague, ther 10 Crowle, and this is the conference room over here 11 (ind icating). 12 0. Could you just put a C on that fo r us, sir! 13 a . Conference room. And th is is tra ile d o ff 14 with administrative assistan ts and then o ffic e s down 15 here (in d icatin g). 16 o. Do you reca ll where Hr. Franklin's o ffice 17 was located? 18 A. I think h e's right next to the conference 19 room here (ind icating). 20 MR. PETTY: Counsel, ju st fo r ` 21 c la r ific a tio n , do you have a p a rticu lar time frame in 22 mind that we're talking about here? 23 THE WITNESS: Well, th is would be basicall: 24 I960 to about -- when we f i r s t novod in the building 25 Claude Harper was in th is corner, Costa was here. (206)622-3110 P a g es 17 to 05/20/00 14:01 TX/RX NO.0436 P.006 02/13/01 1 0 :24 KMES8 -? 1 4 1 0 4 4 8 2 3 8 8 N O . 075 P007X018 CRUM V . E . J . KARTELLS C O . , ET A L . BRENT CROSBY 1 Then when Harper Left Costa moved into the president^! 2 o ffic e where he mbs vice-president and general 3 manager {in d icatin g). 4 Q. And approximately -- well, l e t 's finish 5 that and then we'l.l e l i c i t what general time frame 6 we're speeding with. Hew about nr, Dupuis, sir? 7 A. I think Harlan was right about here 6 (indicating). 9 0. And f in a lly , s i r , what about Hr. -- well, 10 did you knew an individual named Hr. Kirk? 11 A, George Kirk? 12 0. Yes. 13 A. Oh, yes, d e fin ite ly . 14 Q. And where was Mr. K irk'so f f ic e located? 15 A. Over in th is area, thewest ofthe 16 building (in d icatin g). 1T 0. Could you just put a K approximately where 18 Hr. K ir k 's o ffic e was located? 19 A. (Complying.) 20 0. Thank you very much. Hr. Crosby, j think 21 you c a n resume your se at. I'm going to mark th is 22 diagram as Exhibit 8. and w ill provide counsel with 23 copies of i t at the f i r s t available opportunity. 24 (Marked Deposition Exhibit B.) 25 Q. You had drawn a conference room on Exhibit1234567890 1 MR. BERGMAN: Is i t the th ird page7 23 2 MS. 2AKR2EWSKI i F irst page d id n 't even 3 match up. 4 HR. PETTY: Nothing that you passed out, 5 Coimsel, matches the chart that you're now holding in 6 your Hand. 7 MR. BERGMAN: Why don't we correct that, 8 then. U e'll take a very short break. 9 THE VIDEOGRAPHER: Off the record at 10:49. 10 (Recess.) 11 THE V1DE0GRAPHER: On the record at 10:53 12 a.m . 13 HR. BERGMAN: I'm going to su bstitu te the 14 Exhibit 3 that I had previously handed to Mr. Crosby 15 fo r the corrected version and am circu la tin g it among 16 a l l defense counsel. Apologize for the mix-up. 17 HR. PETTY: So th is is ah e n tire ly 18 d iffe re n t document than your prior Exhibit 3? 19 MR. BERGKAM: Yeah. 20 THE V1DE0GRAPHER: Oh the record at 10:53. 21 O. Hr, Crosby, I'm putting a blow-up d ia g ra m 22 up on the easel which is a copy of the seeond page of 23 the Substituted Exhibit 3 . And what I would Like you 24 to do for me, s i r , is id en tify -- w e ll, f i r s t of a l l , 25 le t me ask you, can you id e n tify most of the 1 8, M r. Crosby. D id y o u ever attend meetings in th a t^ 1 individuals se t forth on th at docunent? 24 2 conference room? 2 A. Yes. 3 A. 4 Q. 5 A. 6 period, D e fin ite ly , yeah. Approximately how often d id that occur? Well, i t would be between a 30 and 90-day or whenever Bob casta or Hr. Harper would ealL 3 0. S ir , le t me a sk you, f i r s t o f a l l , there's 4 an individual Listed here. 8. Crosby. Do you know who 5 that is. sir? 6 A. I hop* so. 7 for a special meeting we'd a l l go up there. It wasn't 8 on a reguLar basis. 9 a. Do you know whether or not the Senior 10 management that you've id e n tified would meet more 11 frequently than every - 12 A. Oh, d e fin ite ly . 13 HR. PETTY: abject to the form. 14 0. And what is your understanding of how often 15 these meetings would take place, based on your 16 experience? 17 HR. PETTY: Same objection. 18 A. It was just hard to say. 19 s , r . i ' d now tik e to turn your attention to 20 the second page of Exhibit 3, page e n title d "sates" 21 and I'm going to -- - 22 HR. pettyi Ue don't have one en title d 23 " s a le s ," Counsel. 24 A. Research development and business 25 development. 7 D. And who might th at be? 8 A. Me. 9 0 . S ir , i f I could ask you to take th is 10 pointer for us and identify a ll of the individuals who 11 a re set forth on the second page of Exhibit 3 as well 12 as what th eir resp o n sib ilities were and where they . 13 were Located. 14 MR. PETTY; counsel, before doing so, may I 15 lodge an objection - 16 HR. BERGMAN; Absolutely. 17 MR. PETTY: -- to the use of th is document IS without Laying adequate foundation, without any 19 indication or sense as to what time frame is involved 20 here. 21 HR. BERGMAN: Your objection is welt taken, 22 COunseL. We're talking about the period 1970 to 1972. 23 HR. PETTY; W ell, Counsel, th a t 's fin e. I R* think that*# testimony end foundation that needs to 25 eome from a witness. P a g e s 21 t o 24 D E A N MOBU32G & A S S O C I A T E S ( 2 0 6 ) 6 2 2 - 3 X 1 0 05/20/00 14:01 TX/RX NO.0436 P.007 02/13X01 10:24 K M E S -> 1 4 1 0 4 4 0 2 3 6 8 NO . 075 P000/010 CRUM V , E . J . BARTELLS C O . , ET A L . BRENT CROSBY 1 MR. BERGMAN: That's fin e . 25 2 0. Mr. Crosby, what was the general time frame 3 th at th is diagram represents in terms of the structure 4 of the sales force of the Kaiser Cypsun Conpany? 5 6 question. PETTY; Object to the form of the f A. Well, l think i t 's pretty well set up for 8 1965 to 1970. " 9 0. And s ir , could you now point to each 10 individual on that document and indicate -- 11 A* This is Jim Hague {indicating). He was the 1Z vice-president of sa le s. Frank Potts was his 13 actaiinistrstiv e a ssista n t, Robert Laidlaw was the 14 adninistrarive assistan t not only to H r . Hague but -- *5 * s ir , at the next level there are three 16 regional sales managers, what were the three regions 17 that the company was -- the congjany sales e ffo r ts were 18 divided into? 19 A. On th is region 1 was by Tooey Donovan. 20 0, And what area was that? 21 A- That was in southern California from 22 Bakersfield south over into Phoenix and Albuquerque, 23 and at a later date part of Mexico. 24 0. Then the next region, s ir . Maybe w e 'll 25 ju s t take it by lev e l. 1 A. This is Dick James, He was in the greater27 2 Seattle area. This is Ed M itlis. He went east in 3 1965 as the d is t r ic t manager in the New Jersey/Hew 4 York area. Jim K elly, he was d is t r ic t manager down in 5 Georgia, Florida, that area. SulLivanwas assistant 6 to him. 7 q. Let the record r e fle c t that the witness was 8 ju st te s tify in g to the east region of kaiser Gypsun, 9 Now, i f you would - 10 MS. PETTY: Object to the form of the 11 question. "*Z 0. Mow, i f you would, s i r , could you identify 13 those individuals in the center section , the northwest 14 P acific region, at the sales manager Level that you 15 re e a ll. 16 A. Okay. 17 0- And whet region they were working? 18 A- 1 have a correction to make here. This is 19 Jim Watson, not Charlie Watson, as regional sales 20 manager of the e a st. 21 9- Thank you, s i r . Now i f you could address 22 the Northwest P a c ific region? 23 A. This is Al Alessandri, and he had d is tr ic t 24 managers under him, Galen Thomas, who was basically in 25 the Bay area. Charlie Watson was d is t r ic t manager in*1234567890 1 A. This is region 2. This is Al Alessandri 2 . And what area was region 2 encompassing? 3 A. Region 2 encompassed northern C alifornia, 4 northern evada, sta te of Utah, southeastern Idaho, 5 Oregon, Washington, Alaska. 6 D. And was region 2 the region that you 7 subsequently assumed resp on sibility for? B A. Right, and Alaska and Hawaii. 9 0 . And fin a lly , s ir , the third region? 10 A. Region 3 was Charlie Watson. He was 11 regional manager of P acific Northwest, which would be 12 Oregon, Washington, Alaska. 13 And s ir , of the individuals lis te d at the 14 third level, the sales manager level, if you could for 15 us, identify those who you remember and what region 16 they worked in in the 1965 to 1972 time period? 17 A. Well, this is Gordon Srown. He was IB b a sica lly in southern C alifornia, down from LA down 19 into San diego. Asimos was over in New Mexico and 20 Phoenix, New Mexico and Arizona. Bob Olson was 21 LA area, greater LA area, on up to Bakersfield. And 22 Bob Bolts was an area manager, worked d ir e c tly under 23 Bob Olson, 34 And how about in the Northwest P a c ific 25 region, the second, region 2? 1 S e a ttle. W*ilf Torgescn was d is t r ic t manager in HB 2 Portland. M yself, I was d is t r ic t manager in eastern 3 C alifornia, northern Nevada, Utah and southeastern 4 Idaho, Doug McClellan was an area manager that I used 5 in northern C alifornia, and he assum'd 6 resp o n sib ilities when I 'd go east or over the 7 mountains. 8 0. Thank you, s i r . I wanted to ask you see 9 questions now, s i r , concerning the research and 10 development portion of Kaiser Gypsun. In the course 11 of your duties as a d is tr ic t and regional sales 12 manager, did you ever have the opportunity to interact 13 with the research and development sta ff? 14 a. Yes. 1 Q*What were the types o f ci rcunstances that 16 would cause you to interact with the research and 17 development personnel? 18 A. Well, i f we'd have a product problem - 19 what i mean by a product problem would be the 20 application of the product or the q u ality of the * 21 product -- the salesman would w rite what they called 22 the customer problem report which would come to my 23 o ffic e , would review, sign o ff o r in it ia l, and send to the production W*pr*ment, which hduLo pc at Antioch 25 in most cases. DEAN MOBURB & ASSO CIATES ( 2 0 6 ) 6 2 2 - 3 1 1 0 Pages 25 to 05/20/00 14:01 TX/RX NO.0436 P.008 02/13/01 10:24 KMESR 141044923GB NO.075 P009/019 CRDM V . E . <J. BARTSULS C O . , E T A L . _______BEENT CROSBY 1 a. S ir , I'm going to ask you some questi.ons 29 Z now concerning the third page of the revised Exhibit 3 3 understanding that counsel has a standing objection on 4 the use of said ex h ib it. And I'm going to pass you or 3 I'm going to show on the easel a blow-up of the third 6 page of the revised Exhibit 3. And I'm ju st going to 7 ask you questions about a few of the individuals on 8 that rioctanent. 9 could you please id en tify fo r us the 10 individuals toward the top of page 3 of Exhibit 3? It A. Okay. This is Harlan Dupuis. 12 a. And where was Mr. Dupuis' o ffic e located? 13 a . On the 24th flo o r of the Kaiser Center. 14 q. And now the next lev el. 15 A. Okay. This is George Kirk. He was more or 16 less the manager of research and development and 17 product quaLity. 18 0. And how about Mr. Tillisch? 10 a . Oh. Paul T illis c h was product development. 20 He was more the s c ie n tis t type guy. Paul right here. 21 0. And how about H, l., Ueightman? ZZ A. Howard Ueightman was - - h e was the 23 s p e cia list on the formulation and production pf 24 accessory products, 25 0. And le t me now ask you, s i r , what are 1 production department, they had to p retty w ell know 2 how the product worked and - 3 0. And did salesmen ever p a rticip a te in any 4 demonstrations on the use end application o f Kaiser 5 Gypsun accessory products? . *1 6 A. Yes. 7 6. And what were the occasions that sa les 8 personnel would be required to p a rticip ate in these 9 kind of demonstrations? 10 a. H ell, as you're attempting to s e ll a 11 customer and to sell them on your product we'd donate 12 m aterials, Specific amounts for them to try in the 13 taping and the finishing compounds end the acoustical 14 spray, K-spray, or in radiant heat when we did 15 demonstrations of how i t was applied, they would - 16 Q. And would Kaiser Gypstin salesmen ever have 17 to be present on job s it e s where Kaiser Gypsian 18 products were being used? 19 A. Yes, d e fin ite ly . 20 0. And why was th at, sir? 21 A. w ell, you constantly monitored your 22 products, esp ecia lly with a new customer, to make sure 23 that they were using them rig h t, mixing them right and 24 so to get the best performance. So-- 25 O. I'm going to ask you seme questions now, 30 1 accessory products or what were accessory products? 2 A. H ell, accessory products is your taping and 3 finishing compounds, K-spray, radiant heat fin ishin g. 4 Q. What was K-spray. sir? 5 A. K-spray is a simulated acoustic covering 6 they put on c e ilin g s . It was formulated with, 7 basically, with joint compound, Styrofoam, which gave 8 you the l i t t l e lumps. 9 0. And what was radiant heat compound? 10 A. Well, in radiant heat when you installed 11 i t , it was in sta lle d with a machine that ran on the 12 flo or. And i t had groovers up in the head of i t , and 13 you'd run that along the c e ilin g , and as i t would 14 groove the wal(board the radiant heat c o il or cables 15 would go up and were embedded into the grooves, 16 They'd go for a certain size room and take a certain 17 rujiber of fe e t of r a d i a n t h e a t cable to push heat to IS heat the room. 19 Q. S ir , were the Kaiser Gypsun sa les people 2Q that you supervised responsible for knowing the use 21 and application of Kaiser. Gypsun accessory products? 22 A. A bsolutely. 23 a. And why was th a t. sir? 24 A. Well, if they had to monitor and writ up 25 complaints and to c a ll out the people from the 32 1 s i r , about three of the accessory products th at are at 2 issue in th is case. The f i r s t category ere jo in t and 3 finish coopounds. . 4 A. Well, join t and fin ish compound came in two 5 d ifferen t ways. One was in a powder form, and they 6 were in separate bags. There was jo in t and fin ish in g 7 bags, 25-pound bags, and in the premix jo in t and 8 fin ish came in fiv e-g a llo n buckets. 9 MR. PETTY*. Object for the - 10 A. four pound boxes. 11 MR. BERGMANi Object and move to s tr ik e the 12 response. There was no question pending. 13 0. And can you t e l l us, s i r , heu the bagged 14 joint compound would be applied? 15 A. Well, normally what they do, they take a 16 25-pound bag of joint and fin ish in g compound, put i t 17 in a fiv e -g a llo n bucket, s t i r it and slowly add water 18 u ntil i t became -- i t ' s lik e making s cake, u n til you 19 had a usable product, and th a t's when the salesmen 20 re a lly had to be present when they f i r s t sta rte d using 21 i t to make sure they d id n 't over water i t or 22 under water i t . 23 B. uhat was the next step, s i r , a ft e r the 2 4 j o i n t e o n o Q u n d o r t h e f i n i s h c o m p o u n d h e W fcw een A it K e d ? 25 A. w ell, with the powdered joint and fin ish P & g e s 2 9 CO 3 2 DEAN MOBtTRG & ASSO C IATES ( 2 0 6 ) 6 2 2 - 3 1 X 0 05/20/00 14:01 TX/RX NO.0436 P.009 - 02/13/01 1 0 :2 5 K M E S R -> 1 4 1 0 4 4 0 2 3 6 0 NO.0 7 5 P01 0 / 0 1 9 CRUM V . E . J . BARTELLS C O , , ET AL. BRENT CROSBY 1 Compound i t Mould be mixed in these five-gallon 33 2 buckets in the fie ld , then taken from the five-g eltg n 3 buckets, put in a tra y , end with a blade, a fin ish ing 4 knife, or g taping knife, the applicator would scoop 5 i t out, run it along the seams and the join ts and they 6 would -- 7 0. What was the next step then? a A. They'd le t i t dry, end then they'd sand it 9 with -- usualLy with a stic k sender. Jt was a lens 10 pole with about a four-by-eight inch piece of 11 sandpaper attached to e blade on i t , end they would 12 ju st sand the ce ilin g or sand the w alls. 13 Q. S ir , can you t e ll me what, if anything, 14 would happen when the Kaiser gypsum joint compound or 15 fin ish conpound would be mixed in a tucket? 16 A- U etl, you sta rt out with a dry powder and 17 then, es l say, slowly add water and bring i t up to 18 where i t ' s in a soluble condition so i t could be 19 handled and spread. 20 Q. Can you t e l l me whether or not any dust 21 would be created when that process was being 22 undertaken? . 23 HR. PETTY: Object to form, leading 24 question. I t 's been asked and answered. 25 Q. le t me rephrase the question, s ir . What i f 3 1 bag, and i t would be dumped into a mixer, like p ' 2 cement mixer and watered and agitated until f t gets tc 3 a certain consistency, and then shot through a hose tc 4 a gun. And the applicator would, through a lever, 5 would control the quantity of K-spray that would come 6 out the end of the gun. It would be pumped, pupped 7 from the tank through the hose end Out the gun and 8 sprayed on th e c e ili n g . 9 a . And was any dust created during -- any time 10 during th is process? 11 MR. PETTY: Object to the form of the 12 question, leading, 13 A. If there was dust i t would probably be when 14 they were duiping it in the mixer. 15 0. And fin a lly , s ir , i f you could describe the 16 u$e and application of the radiant heat coopound. 17 A. okay. Radiant heat compound came in bags. 18 It was mixed p retty much the.some as taping and 19 finishing compound. Then i t was troweled on the 20 ceilin g over these embedded cables that were put into 21 the c e ilin g , e le c tr ic cables, and then to -- to unify 22 the ce ilin g without lumps or bunps they would sand i t . 23 hr. PETTY: Just to interpose an objection, 24 this is not a product that was identified by Mr. Crun 25 or th a t' s at issue in th is case, at least on the 1 anything would oceur when the bagged Kaiser Gypsum 34 2 jo in t compound would be poured into the bucket? 3 MR. PETTY: Object to form, leading. 4 A. Well, you'd open the 25-pound bag, slowly 5 pour i t into the fiv e-g a llo n bucket and then proceed 6 from there where I ju st mentioned, until you blended 7 it into a workable solution. B 0. Can you t e ll me whether or not any dust was 9 created by that process? 10 HR. PETTY: Same objection. This whole 11 line o f questioning has become quite leading, A- Well, there could be dust, yeah. When 13 you're handling e dry product, sta rt stirrin g i t 14 around or pouring i t out of the bag, yeah, there could 15 be dust. 16 Q. And s i r , can you t e l l mewhether or not any 17 dust was created when dried join t compound was sanded? 1B HR. petty: same objection, leading. 19 A.. Yeah, d e fin ite ly . Stu ff would just flo a t 20 down in the a ir . 21 9. le t me ask you now, s i r , about the 22 application of t - s p r a y , s i r . How was K*spray mixed 23 and applied? 3^* A i J e l l , K- w* - - caroe In m l a r g e r 25 container, larger bag, ! think, usually a 50-pound 1 current record. 36 2 0. Welt, l e t ' s turn our attention now to Mr. 3 Crun, since i t ' s been brought up and let me ask you, 4 s ir , Some questions about some of the work that Mr, 5 Crun did for Kaiser Gypsum, 6 A. Well, l hired John personalty - 7 Q. ] have to ask a question, S A. I thought you'd asked the question, 9 Q. Well, I kind of introduced i t . How did i t 10 come to be that Mr. Crum -- do you know John Crun, 11 f i r s t of a ll? 12 A. D efin itely. 13 0. 14 A. 15 company. And how did you f i r s t meet Hr, Crun? As an applicant for a position with the 0 . And approximately when was that, sir? A. Either 1964 or 1965. Q- And did you hire Mr, crun? A, 1 recooieended he be hired, yes. 0. And what did Mr. Crun do for Kaiser Gypsun? 21 what position was he hired for? 22 A. He was hired as a sa le s territo ry salesman 23 in the Reno area, which encompassed most of northern 24 Hcvaaa and port of eastern C aliforn ia into the lake 25 Tahoe area and Tahoe C ity. DEAN MOBURG & ASSO CIATES ( 2 0 6 ) 6 2 2 - 3 1 1 0 P ages 33 to 05/20/00 14:01 TX/RX NO.0436 P.010 02/13/01 1 0 :26 KMESft - 1 4 1 0 4 4 0 2 3 6 0 NO.0 7 5 P 0 1 1 /0 1 0 CROM V . B . J . BARTELLS C O . , ET A B . BRENT CROSBY 1 0. And what were some of Hr. Crus's 2 responsibilities as a salesman for Kaiser Gypsun? 3 A. Welt, he sold a fu ll product lin e , th ey're 4 what we c e ll d ealer salesmen. That's your entry level 5 as a dealer salesman. They so ld wall board, accessory {> products, fu ll product lin e , F irtex, which was eu.- 7 softboard m aterial. Firtex is acoustical t il e , 6 building boards, sheeting. " 9 o. Well, le t me now ask you s p e c ific a lly , did 10 Hr. Crun s e ll Kaiser Gypsum jo in t compound? 11 A. Definitely. 12 0. 13 compound? 14 A. 15 o. And did Mr. crun sell Kaiser Gypsun finish Yes. And did M r. Crun sell Kaiser Gypsum 16 K-spray? 17 A. Yes. 16 0. And did Mr. Crun sell Kaiser Gypsun radiant 19 heat confound? 20 A. Yes. 21 22 question, HR. HETTY Object to the form of the 23 0. S ir, what were some of Mr. Crun's 24 resp o n sib ilities as a Kaiser Gypsun salesman? 25 A. Well, i t was to create sales through 39 1 compound. 2 o. S ir, did you ever go to any job s it e s with 3 Hr. Crun during the course of your supervision of his 4 work? 5 A. Tes. 6 D. And what job s ite s do you recallgoing to? 7 A. well, there was -- he had amyriadof jobs. 8 He had some commercial work in Reno, Nevada, which 9 means high rises or commercial type buildings, local 10 taping end finishing contractors, again, dealers and 11 d istrib u to rs. 12 o. And why was it - 13 HR. PETTY: Hove to strik e the 14 nonrespcnsive. 15 0. Why wouLd Hr, crun or do you know why Mr. 16 Crun would go on to job s ite s where K a is e r Gypsun 17 products were being used? 18 A. w e ll, we sold under the basis of product 19 q u a lity and se rv ice , and p a r t o f the s e r v ic e was to 20 make sure that the f i e ld people that worked for the 21 subcontractors handled the products in b precise 22 manner. 23 Q. And, s ir , what ware some of the major 24 eonmercial projects that Hr, Crum sold Kaiser Gypsun 25 products to , to the best of your recollection?1 1 dealers or d istrib u to rs o r d i r e c t s a t e s t o Gypsum 38 2 drw a l l contractors, dealers and d istrib u to rs. 3 0. Did Hr. Crun have any resp o n sib ility to 4 conduct demonstrations of Kaiser Gypsun products? 5 A. Yes. as a ll Kaiser Gypsun salesmen did. 6 S . And what were some of the products that Mr. 7 Crum demonstrated? 6 HR. PETTY: Object to the form of the 9 question. 10 0. Do you know what kinds of products Hr. Crun 11 demonstrated? 12 A. Joint/finishing compound, K-spray, radiant 13 Heat. 14 HR. PETTY: same objection, lacks 15 foundation, go ahead. 16 o , in the course of your duties, your 17 supervision of Mr. Crus, d id you ever go out to his 18 sales area? 19 A. 7es. 20 O, And did you everparticipate inany 21 demonstrations with Hr. Crun? 22 A. Yes, 23 o . And what kind of products did you 24 participate in demonstrating with Mr. Crun? 25 A. Tapingandfin ishing andradiant heat , 1 MR. PETTY; Object to the form o f the 40 2 question. Lacks foundation. 3 0. Well, le t me respond to that abjection, 4 which was well taken. Was Mr. Crun -- would Mr. Crum 5 keep you apprised o f h is sales a c tiv itie s ? 6 A. D e fin itely . 7 0. And was there competition for major B construction work in Reno? 9 A. Very strong. 10 0. And when a major job would be awarded would 11 that be something that you would be n o tified of? 12 A. Yes. 13 Q. What were some of the major construction 14 projects that you r e c a ll Kaiser Gypsun supplying 15 products to in the Reno area? H- PETTY: Object to form. C a lls for 17 hearsay. Go ahead. ' 18 A. Well, we had put a ll the board and 19 accessories on the CM casino, and Harrah' s casino, we 2D had jobs there. Harold's club, and a large volune to 21 resid en tial. They would be a ll over the a r e a , 22 wherever they were building a p ro ject, the tr a c t. 23 Q. And did you personally v i s it any of 24 job s ite s , =ir? 25 A. Yes. those Pages 37 to 40 D EA N MOBURG & A S S O C IA T E S ( 2 0 6 ) 6 2 2 - 3 1 1 0 05/20/00 14:01 TX/RX NO.0436 P.011 02/13/01 1 0 :26 KMESft -> 1 4 1 0 4 4 0 2 3 6 8 NO.075 P012/01B CROM V . 5 . J . BARTELLS CO. , 1 Q. 2 visit? 3 A. And what job sites did you personally Well, eonmercial and the residential both. 4 0. S ir , was John Crum an e ffe ctiv e salesman 5 for kaiser Gypsum products? 6 A. He was a very, very effe ctiv e salesman. 7 He was what in the trade you'd c a ll a salesman's 8 salesman or a customer salesman. 9 0. And in your experience and in your ID supervision of Mr, Crum, what made him SO effective? 11 A. Honesty, in teg rity, and he was just on the 12 job when he was supposed to be, f u lfille d a ll our 13 requirements of obtaining customers and the sale of 16 the products, 15 0. Did Hr. Crim receive any awards from Kaiser 16 Gypsisn for his sales a c tiv itie s ? 17 A. Well, th is is an indication here 18 fin d icatin g). 19 Q, That's -- you're pointing to Exhibit 2? 20 A. Exhibit 2, That's when John was receiving 21 the salesman of the year for d is tr ic t 2. 22 Q. And were you present at the ceremony when 23 he was given th is award? 24 A- Bight. 25 Q. 1 now want to ask you some questions, s ir . ET A h . BRENT CROSBY 4. 1 work on the houses that Hr. Crum constructed, i f you 2 know? 3 HR. PETTY; Object to form of the question. 4 Lacks foundation. 5 A. Well, when he f i r s t got going John and his 6 son more or less did the hanging Of the board, taping, 7 texturing themselves, and then as he went on in the 8 business, b u ilt some bigger places, his own home for 9 exanple, he would hire that done by loeal contractors 10 that he knew. 11 Q. And s ir , do you know what drywali products 12 Mr. crum used When he was doing his own taping end 13 drywali work? 14 MS. PETTY; Object to the form of the 15 question. Lacks foundation. 16 A. Welt, he would use Gypsum wal(board, then 17 tape and texture and apply acoustics where necessary. 18 0. And where would he get his supplies, i f yoi 19 know? Let me ask you, do you know where he would Bet 20 his suppties? 21 A. From one of h is d istrib u to rs. 22 O. And do you know what brand ofdrywei l , 23 joint coiqwund and fin ish compound he used on these 24 houses? 25 A. Kaiser. 1 concerning some of the other work thet Mr. Crum did 2 when he wasn't s e llin g Kaiser Gypsten products. And I 3 guess rny question to you, s ir , is did Mr. Crun - - you 4 t e s t ifie d extensively that Mr. Crum sold Kaiser fiypsuo 5 products. Do you know whether or not Mr. Crum used 6 Kaiser Gypsun products? 7 A. He used them personally. 6 Q. And how was that, sir? 9 A. Well, John bu ilt some spec houses in Washoe 10 Lake, Nevada, which i s between Reno and Carson C ity. 11 MR. PETTY: Counsel, can j just interpose 12 an objection to lack of foundation. 13 Q. Go ahead. 14 MR. PETTY: Go ahead. 15 a. i t was dene with my fu ll knowledge, because 16 John was the type of guy that i f he wanted to do some 17 work on one of these houses he'd be out there at 3:30, 18 4:00 in the morning and be ready to go to work on his 19 normal sales jobs normally by S, B :3 0 in the morning, 20 work a ll day and then work evenings. 21 Q. F irst of a l l , how do you know that Mr. Crum 22 constructed houses on the side? 23 A. Well, l visited most of his units when I'd 26 bv up there working with him. 25 0. And who would do the taping and drywali 1 MR. PETTY: Object to the form of the 2 question, lacks foundation. 3 a . I'm sorry, s i r , what was your answer? 4 A. kaiser. 5 Q. Thank you. Do you want to take a short 6 break? 7 A. Yeah, I 'd lik e te . 8 THE VIDEOGRAPHER: O ff the record at 11:23. 9 (Recess.) 10 THE VIDECGRAPHER: On the record at 11:4D. 11 0. Mr, Crosby, at the time that John Crus was 12 working for you s e llin g Kaiser Gypsim joint and finish 13 compounds, were you aware that those products 14 contained asbestos? . 15 A. No. ~ \ 16 0. Did there come a tim e, s ir . when you had 17 any concerns regarding potential asbestos content in 18 Kaiser Gypsim products? 19 a. res. 20 0. Sir, can you describe approximately when 21 that was that those concerns developed? 22 A. Probably the la te '60 s, '69 to *70, yeah. 23 Q. And can you describe what caused you to be 26 e onearneu about asb esto s i n K a is .r Oypsifn products? 25 A. Well, we had customers and contractors and DEAN MOBURG & ASSO C IATES ( 2 0 6 ) 6 2 2 - 3 1 1 0 Pages 41 T 05/20/00 14:01 TX/RX NO.0436 P.012 02/13/01 1 0 :2 6 KMESft -f 1 4 1 0 4 4 0 2 3 6 0 NO.0 7 5 P 0 1 3 / 0 1 9 CRUM V . E . J . B A R T E L IiS C O ., E T A L . BRENT CROSBY /- 45 I applicators that asked us outright i f we had asbestos 1 47 A. No, we don't have any accessories in our - Z in our produets, and l wasn't knowledgeable of any 2 any asbestos in our accessories. 3 asbestos. 4 Q, And what i f anything did you do in response 3 0. After you were told by Mr. Kirk and Hr. 4 R affaelli that there was no asbestos in Kaiser ' 5 to those customer inquiries! 6 A. I think in about 1970 } want to George 5 Gypsum's products, what i f anything did you do? 6 A. w ell, at that point i t wes just about the 7 Kirk. ' 5 0. And who was Mr. Kfrk,""sir? 7 time we had a d is t r ic t sa le s meeting coming up. So at 8 the sales meeting question came to me from some of the 9 A. He was the administrator of manufacturing 9 salesmen, do we have asbestos in our products, and 1 10 in northern C alifornia, w ell, I think for the whole 10 said, to cry knowledge, no. I checked with George Kirk 11 company, but in our area. 12 a . D id you speak to Mr. Kirk, sir? 11 and with Al R a ffa e lli. f 12 O. What was the general reaction of your sa les 13 A. 1 talked to George, and t said ,George, I'm 13 staff upon learning that no asbestos was contained in 14 getting questions from customers and do we have any 14 Kaiser GypsLin products? 15 asbestos in our products. 16 q. And where did th is conversation take place, Ss HR. PETTY: Object to form. Can we try to 16 slow down the questions and then the answers. 17 sir? IB A. In the Kaiser Center on the 24th flo o r . 17 MR. BERQ4AN: I ' l l fin ish my question, IB you'LI object, then we' l l go on. 19 Q. And approximately hew far was Mr. Kirk'S 19 MR. PETTY: Yes. 20 o ffic e from Mr. Costa's o ffice? 20 MR. BERGMAN: So let me try again with my r 21 a . Well, probably 100, 150 fe e t. 1 question. 22 o. And what i f anything did Mr. Kirk t e l l you j'z2z2 Q. What was the reaction of your sales s ta ff 23 in response to your inquiries concerning the presence 2913 when you told them that there was no asbestos in 24 of asbestos in Kaiser Gypsum products? 24 Keiser Gypsum products? . 25 HR. PETTY: object to form, c a lls for 25 MR. PETTY: Objection, c a lls fo rhearsay.1 1 hearsay. 2 Q. 46 what did Mr. Kirk t e l l you in response to 3 that inryn'ry? 4 MR. PETTY: Same objection. 5 A. We did not have asbestos in qur products, 6 . I don't understand, s i r . 7 A. In our accessory products. 8 O. What did Mr. Kirk t e l l you? 9 A. When I asked him - 10 MR. PETTY: same objection. II A. I asked him i f we had asbestos in our 12 products because ue had had inqu iries from our 13 customers, and he said no. so then I went to Al 14 R a ffa elli who was the accessory sp e c ia list in the 15 manufaeturing of accessories at Antioch and -- 16 O. where did that conversation take place? 17 A, At Antioch at his laboratory. 16 0 . And approximately when did that take place? 19 A. It was 1970, 1 think. 2Q o. And whet did you say to nr. R a ffaelli? 21 A. I asked him, 1 .said, Al, is there any 22 asbestos in our accessory products. 23 q. And what did Mr. R a ffa e lli say to you? 24 25 hearsay. MR. PETTY: Object to form, c a lls for 48 1 A. Relieved. 2 0. And why was th at, s i r , to the best of your 3 knowledge? 4 A. Well, because i f you - 5 MR. PETTY: Objection, lacks foundation. 6 Calls for speculation. 7 A. If you had asbestos in your product it 8 would be negative towards sa le s, and... 9 0. Did you have any discussions with John Crm 10 concerning presence of asbestos in Kaiser Gypsun 11 products? 12 A. He attended the meetings, themeeting that 13 we discussed th at. 14 A. And what i f anything did you t e l l John crum 15 concerning the presence of asbestos in Kaiser Gypsum 16 products? 17 A. That according to the research and (1iIiB development department, the manufacturing, we did not 19 have accessory -- asbestos in our accesso ries. 20 . And what was John crun's reaction upon 21 learning this information? 22 MR. PETTY: Object to form. CatLs for N s hearsay. 24 A. R elief. 25 Q. Can you be a little more specific? Pages 45 to 48 DEAN KQBURG ft A SSO C IA TES ( 2 0 6 ) 6 2 2 - 3 1 1 0 05/20/00 14:01 TX/RX NO.0436 P.013 02/13X 01 1 0 :2 ? MESA 1 4 1 0 4 4 0 2 3 6 0 N O . 075 P014/010 CROM V . E . J . BARTELLS CO. , ET A L . BRENT CROSBY 1 MB. PETTY: Objection to th e f o n t . Cal Is49 2 for hearsay and speculation, 3 A. Relief insmuch as - 4 a , le t me rephrase the question for you. Hr, 5 Crosby, and understanding that counsel has a standing 6 objection. What did Mr. Crun t e l l you a fter you told 7 him that there was no asbestos in kaiser Gypsum S products? ~ / 9 A. Uell, that he would go to his customers and 10 t e l l them that we did not have asbestos in our 11 products. 12 Q. Mr. Crosby, I'm going to hand you what's 13 been marked as P la i n t i f f 's Exhibft Ho. 4. And !'m 14 going to put on the easel a blow-up of page 1 of 15 Exhibit 4. When was the f i r s t time, s ir , that you saw 16 Exhibit 4, this dacunent? 17 A. oh, } think i t was probably about three to 18 four months ego. 19 Q- And prior to seeing Exhibit 4, did you have 20 any knowledge as t o whether or not asbestos was 21 contained in kaiser Gypsum products? 22 A. No. 23 0. Uhat was your -- prior to viewing Exhibit 4 24 what was your understanding as to whether or not 25 asbestos was present in Kaiser Gypsun products? 1 0. Mr. F lick er was on the 24th floor? 2 A. 1 think he was there end at Antioch, 3 0. Mow, i f you Could ju s t go down the 4 individuals, we ju st have in i t i a l s there, i f you ceub 5 t e l l us who they are and what they did f o r th e 6 coiq?any, to the extent that you know. 7 A. This is Robert Aitgood, he was the plant 8 manager of the Antioch plan t. And Caprye, 1 think he 9 was involved with the S e a ttle plan t. Jack Cassidy wa: 10 the manager of our Firtex plant in St. Helen's, Orests n where we made softboerd products. Chambers I think 12 was back ea st, I think Dicks was back east. I don't 13 recognize th is one. 14 Q. That's Mr, Homan? 15 A. H r . Homan. 16 Q. Okay, 17 A. Hodaff I think was at S t. Helens. P. 0. 18 Orleman was -- he replaced Bob Allgood as the manager 19 of the Antioch plan t. This one I don't recognize 20 {indicatin g}, what's th at, Trs-boo? 21 Q. Traub. 22 A. Traub, i think he was east coast. This is 23 Jim -- J. H. Walton (in d icatin g ). 1 don't really know 24 Walton. 25 This is Richard wiborn (indicating). He1 1 A. Well, as 1 had stated, the proper people in50 2 my m ind said we d id n 't, and so I took it at face 3 value. This le tte r was shown to me by counsel from 4 San Francisco at my home i n U a ln u t C re e k , 5 0. S ir, I'm going to ask you some questions 6 about Exhibit 4. And what I 'd lik e you to do, s i r , is 7 i f you could stand and take the pointer, and I'm going S td ask you to id e n tify the individuals id en tified in 9 that or named in that 1965 document starting with L. 10 It. F licker on the righ t. 11 MR. PETTY: Counsel, can l just c la r ify 12 what is Exhibit 4? Is it a one page th a t's up there 13 on the chart or is i t multiple pages? 14 MR. BERGMAN: The document on the -- the 15 chart i s the f ir s t page of Exhibit 4. The exhibit for 16 purposes of this deposition is the entire document. 17 My inquiry is going to be restricted to the f i r s t 18 page. 19 MR. PETTY: Thank you. 2D 8. s i r , f i r s t of a l l , could you t e l l us who 21 L. R. Flicker is? 22 A. Leonard F licker, in my mind, was our safety 23 engineer. 24 Q. W h c^ i d id H r. F lie le a tr u p p k 9 25 * . out of the kaiser Center on the 24th fLoor. 1 was -- what did Dick do? At that time in 1965 l don5'2t 2 know what Wiborn was attached to at that time. 3 And then th is is Sam Witt (indicating). 4 Samuet Witt, he was the plant manager of the Long 5 Beach plant. Paut Franklin was vice-president of 6 production. George kirk Was our research director. 7 0. And s i r , was the George Kirk on Exhibit 4 8 -- excuse me -- yeah. Exhibit 4 -- the same George 9 kirk that you spoke to in 1970 - 10 A. Right. 11 B. -- who told you there was no asbestos in 12 kaiser Gypsun products? 13 A. Right. 14 MR. PETTY: Object to the form of the 15 question. 16 0. And how about J. C. R e illy , sir? 17 A. j . c. R e illy , he was an attorney with the 18 corporation, 19 0. Where was Mr. R e illy 's o ffic e located, s i r ? 20 A. On the 24th flo o r of the Kaiser Center." 21 There was Ernie Schaper. Ernie Sehaper was -* ho was 22 the vice-president of production. Part of s t . Helen's 23 plant, part Df S e a ttle plant, the Antioch plant. 84 b. w e n , thank you, Mr. R e illy . Okay, Mr. 25 Crosby, you can s i t down i f you choose. [ next want DEAN MOBURG & ASSOCIATES ( 2 0 6 ) 6 2 2 - 3 1 1 0 P ages 49 to 05/20/00 14:01 TX/RX NO.0436 P.014 02/13/01 1 0 :2 8 KMESft - 1 4 1 0 4 4 8 2 3 6 8 NO.0 7 5 P 0 1 5 /0 1 S CRUM V . E . J . BAfiTEZiIfS C O . , ET A lt._______ BRENT CROSBY 1 to show you Exhibit 5. I just want to ask you to 2 identify a feu of the people on Exhibit 5. who is 3 H. C. Dupuis? 4 A. Harlan Dupuis was more or less 5 acfninistrative assistant Bob Costa, 6 Q. And hm about H. L . Weightman? 7 A. Howard was -* Howard Weishtman was at the 8 Antioch plant as a research developer. Tom Smith was 9 a chemist that worked on formulation of Dypsum 10 products. 11 q. 12 a. And how about A. F. Ratfaelli? That's Al Raffaelli. He worked in the 13 research. 14 q . And is that the same Al Raffaelli that you 15 had spoken to the year before? 16 a , Right, at the Antioch plant. 17 q . Sir, I'd now like to ask you a few 18 questions about -- like to ask you some stuff about 19 just your general work at Kaiser Gypsum. Beginning at 2D the time you were a district sales representative, can 21 you tell me whether or not you would have been 22 considered in upper management? 23 A. Middle management. 24 0 . And while you were working in middle 2 5 management, did you have to interact with production 1 product quality end service. W e `d talk about the 2 products, quality Of the products, and the service 3 that we could give to the customer if he would buy our 4 products. 5 0. If there had been a hazard associated with A a Kaiser Gypson product, would that have been 7 something that you think you wouLd have been 8 responsible for knowing about? 9 Hit. PETTY: Object to form of the question. 10 A. I should have because we were getting It direct questions froffi Our customers. 12 B Welt* sir -- A 13 MR. PETTY: Object. Move to strike the 14 rionresponsive portions of the answer. 15 q . -- i'm going to refer to Exhibit 6, which 16 is Kaiser CypSUB'S sworn answers to interrogatories in 17 the Piekner ease, and I'm going to refer, I'm going to 18 read Kaiser Gypsum's sworn response under oath to 19 interrogatory Ho. 6. Kaiser Gypsa* states under oath 20 that "Beginning in 1972 Kaiser Gypsum affixed coition 21 labels to the packages and containers of its 22 asbestos-containing products. The warning label, as 23 prescribed by OSHA, read: 'CAUTION: Contains 24 asbestos fibers; avoid creating dust; breathing 25 asbestos dust may cause serious bodily harm. 54 1 people? 2 A. Yes. 3 , And was one of your jobs to be aware of 4 potential problems of Kaiser Gypsun products? 5 A. Yes. 6 MR. PETTY: Object to form of the question. 7 Leading. 8 0. And did you have any responsibility 9 concerning product defects? 10 A. 11 o. 12 been? 13 A. Yes, And what responsibility would that have Well, if there was a product problem or 14 assumed problem by a contractor or a customer, it went 15 directly t the salesman. Then the salesman would 1 6 write what we call a customer problem report which 17 would be transmitted directly to my office. I'd 18 review it, initial it, end send it back to the plsnt 19 f o r a n answer. . 20 O. Did you also have any responsibility f o r 21 communicating product in-formation to customers? 22 A. Yes. 23 a. And what was the nature of that 24 responsibility, sir? 25 A. Uell, well, again, which was ourtheme, was 1 Mr. Crosby, between 1972 end 1978, were you 2 aware of any warnings on the containers of Kaiser 3 GypsLin asbestos products that breathing asbestos could 4 cause asbestos5? 5 MR. PETTY: Object to form of the question. 6 leeks foundation. 7 A. Not that there was asbestos in our product. 8 C. Are you aware of any warnings o n Kaiser 9 GypSun products that breathing asbestos could cause 10 lung can cer? 11 MR. PETTY: Object to form. Lacks 12 foundation. 13 A. No. 14 0. Are you aware of anywarnings o n Kaiser 15 Gypsun products that breathing asbestos could cause 16 mesothelioma? _ 17 MR- PETTY; Same objection. 18 A. No, 19 a. S ir , between 1972 and 19T8, approximately 20 how many bags of Kaiser Gypsum p r o d u c t -- Kaiser 21 Gypsun joint or finish compound were sold by you or 22 under your supervision? 23 MR. PETTY: Object to the form. 24 foundation. 25 A. I'd sayapproximately 250,000. Lacks P ag es 53 to 56 D EA N MOBURG & A S S O C IA T E S ( 2 0 6 ) 6 2 2 - 3 1 1 0 05/20/00 14:01 TX/RX NO.0436 P.015 02/13/01 1 0 :2 8 MESA / 14104482368 N O . 075 P016/018 CROM V . E . J . BARTELL5 C O - , ET A L . _______ BRENT CROSBY 59 1 o. And did you s m a warning an any of those 1 of this case? 2 bags of Kaiser Gypsum products? 3 MR. PETTY: Object to form. Lacks 2 A. No. 3 Q. Are you te stify in g here pursuant to a 4 foundation. 4 subpoena? 5 A. Hot to my knowledge. ' 6 0. Did you see a warning on any of the bags ot 7 Kaiser Gypsun products that were sold under your S auspices that breathing asbestos could cause a hazard 5 A. Yes. 6 0. And other than reimbursement for your 7 transportation expenses, are you receiving any 8 compensation for your testimony here today? 9 to hunan health? 10 HR. PETTY: Same o b je c tio n . 11 a. Mot to my knowledge, or memory. 9 A. No. ID q. Have you had any discussions with Kaiser 11 Gypsum' s lawyers concerning your testimony in this 12 o. Are you aware of any oral warnings that 12 lawsuit? 13 were given to Kaiser -- given to any of your customers 13 14 concerning dangers associated with asbestos that was 14 A. Yes. a. And can you relate fo r us the time,the 15 contained in Kaiser Gypsum products? 15 piece and the nature of those conversations? 16 A. No. 17 hr. PETTY: Object to form, laek of 16 A. Well - 17 HR. PETTY: I'm going to object to the 18 foundation. 18 extent i t c a lls fo r hearsay. ,19 A. No. 19 s. You can go ahead and answer. 20 0. S ir , I'm handing you what' s been marked as 20 A. I met with th is gentlemen right here f i r s t 21 Exhibit 7. s i r , prior to th is deposition, have you 22 ever seen the text of the warning contained in Exhibit 21 a t my house in Walnut Creek, C aliforn ia, talked to him 22 on the phone prior to th at. Then at a later date, 23 7? 24 A. Hot to myknowledge. 25 Q. Are you aware of -- are you aware of any 23 which was about three weeks ago, 1 met with him and 24 h is enployer Gabrielle at my house in ualnut Creek. 25 G. Was that Gabrielle Jackson, sir? 1 discussions among senior Kaiser Gypsun management that 2 warnings needed to be placed on Kaiser Gypsun's 3 asbestos-containing products? 4 A. No, not to my knowledge. 5 S, S ir , during the time that you worked for 6 Kaiser Gypsum, did you consider yourself to be a loyal 7 employee? 8 Aa Absolutely. 9 HR. PETTY: Objection, leading. 1 0 . And today, s ir -- what was the feelin g that 11 you had toward Kaiser Gypsun at the time that your 12 employment fo r that conpany came to the end? 13 A. Welt, it was best company 1 ever worked 14 for. We were very upset that they sold the company to 15 Domtar of C a n a d a , 16 a. And as you look back over the years that 17 you spent with Kaiser Gypsun, the 18 years that you IS spent with Kaiser Gypsun, how do you fe e l about that 19 portion Of your life ? 20 HR. PETTY: Object to form. 21 A. Very good. 22 Q. Are you a party to th is lawsuit 23 Crum' s lawsui t? 26 A. NO. 25 0, And do you have any in terest in the outcome 60 1 A. Yes. 2 a. And what did Kaiser Gypsum' s attorney say 3 to you during the course of that meeting at your home 4 approximately three weeks ago? 5 hr. PETTY; abject to form, Cslts for 6 hearsay. 7 A. Pretty much the same questions I'v e been 8 asked today. Gave the same answers. 9 HR. PETTY: Object and move to strik e the 10 nonresponsive portions o f his answer. 11 a. Did you have any discussions with Kaiser 12 Gypsum' s -- did Kaiser Gypsun's lawyer mention 13 anything to you concerning your loyalty to the 14 company? 15 hr. petty- Object to form. Leading, c a lls 16 fo r hearsay. 17 A. Welt, he asked me i f i was a dedicated 18 employee, enjoyed my employment, which I answered both 19 p o sitively. 2D 0. And do you s t i l l fe e l that today, sir? ` 21 A. Absolutely. 22 HR. BERGMAN: Those are the only questions 23 that I have, 4 MS. PETTYS Y o u 1r pasting your direct 25 examination? D E A N M O BURG & A S S O C IA T E S (206)622-3110 Pages 57 to 05/20/00 14:01 TX/RX NO.0436 P.016 HXKUTES OF V Z SAFETY C0!X77EE ISE7JK5 HARRIOTT HOTOn HOTEL SADDLE SHOOK, IZV JERSEY SEREHSEX 19, 1967 s ^ y ej S i , L - . * ; m S , s r L 2 2 r s d .i* e5TL" " ir :.1." ; " t r = .L , New m , :J0 "T h:.h: 'rAi.-jzir C. J . Saeurnia h . F. Flak J . Cress R. V. Kealy J. Tuffy 7 . D. T e lia F. K. F. Kipp A. V. Abnee, J r . F. J . Regers C elotex C erpereelea G eorgia-P acific Cerpereelea Cypsuc D iv iciea X elscr Cypsuc Cecpany, In c. The F lia e k o te Cc-ztr.y The F lia tk e te Cespir.y H eelonel Cypsuc Cespeny K eeleael Cypsuc Cecpeny ItelCed S eeecs Cypsuc C o lo n y Cypsuc A sseeleelea Cypsuc A sseeleelea l* gyFSVy ASSOCIATION SATTTV BT-.T-I_r?JV - = * . ^ L , * S , S 2 r 3 L ' w i V L " " * ? , " 1; ' * t h * Nation by u rsin e t h . * l ir b- ih* -- " " T * 1 u s u * =p loy.. p e r tic l- . . o n . TM ; . ^ c r r ; L c" . n . v f i n L t l "ln , i ; i , t l " f o r a r * i i t -- cecber suggested that a i M t i S . l ? iC * pr***n t < . One Bui l e t i o c L e heed I s e r l n e ! ? t ? " 1' ^ e w , i d , r , d * che n e x t B u lletin steck supply Z O S l U lndi c / d th present - b L ifts y- <hm `J T " '* ' m u .d to 1 national Safety Th. for the October is s u e . > > a r y . t r u e r . rK lB * r * r " * y. frequency retin g reported by che E S , . , S ' f h* th* *** B u ll.tin . " * ch *r t w* e lr e e d y b ein g co n sid er* ! d o ck et. Th* ci s i t t e . d ir e c t e d th a t t h i s l t e c b. c a r r ie d on the y / * c- 2 ? 2. "c rsn n cA T g o r ?c: Tha s e c re ta ry subm itted a " C e r tif ic a te of M erit" rvard plaque or committee in v e s tig a tio n . He Informed the co ssitt& e th a t the ward eo st the A sso c ia tio n $20.00 to purchase and s a i l , and r e quested th a t they s ig h t consider adopting an award th a t sig h t have g re a te r u t i l i t y fo r the w inner, such as an ash tr a y or pen s e t . The c e stista , a fte r sueh discussion, directed the secretary to obtain a le s s e o stly c e r tif ic a te and a lso purchase an ash tra y fo r the award w in n ers. Following a thorough review of the l a s t three e d itio n s of the S afety B u lle tin , th e e e s s ite e e s e le c te d one a r t i c l e by b a ll o t . The a r t i c l e "Did You Bet Your l i f e ? " by Val R obertson, A s s is ta n t Pro d uction S u p erin ten d en t, The F lin tk o te Company, Blue Diamond Gypsum D iv isio n , T ran en t, C a lif o r n ia (August 1967) wen the award. !tr. Robertson w ill raeaiva a c e r t if i c a t e and in sc rib e d ash tra y fo r h is contribution to safety. 3. air at: srgAM ypiiT T igx The e h a irsa n e ite d a few p o llu tio n problems in v o lv in g p la n ts on a lo c a l l e v e l . He s tr e s s e d th e im portance o f a l l c o ta ic te e n e sb e rs k u p ia i abreast with lo c a l, s ta te , end fed eral p o llu tio n p reg raas. One eeab er noted a re c a n t p re b le a in v clv in g th e a sb e s to s i n d u stry where a number of lung carcincm a cases had beer, re p o rte d t v in h a b it ante of the neighborhood surrounding *. asb esto s p lc r .t. I t was fu rth e r noted th a t c lin ic s ! t e s ts and in v e stig a tio n s had re s u lte d ir. *1*1 actip n a g a in st the m anufacturer by the claim an ts. The e h a irsa n in d ic a te d th a t a i r and w ater p o llu tie r. p re b la s s would have a dram atic a f f e c t on a l l in d u s tr ie s and th a t the committec should take th e i n i t i a t i v e t o s e c t any sueh p re b ic ss head on i f th ey should eceur in the gypsua in d u stry . Fo11#ing o d iscu ssio n o f p o llu tio n problems in v ario u s in d u s rric s , i t was the consensus th a t th e s a fe ty committee should have a re active p reg rea in- th is a rea, o u tlin in g the problems th a t e x is t uhat step s have been taken to solve them. Or. a motion sec ends d and c a r r ie d , the c c rm ittc e rcc e n r ended th a t the chairman advise the d ir e c to r s os th e p o llu tio n prci.1 cm. and suggest th a t they heve p lan t r.ar.a:;ers jo in lo c a l groups ctury pell; tie n problems, so as to give our industry g re a te r control o: the proi! The c o s-.ictce d ir e c te d th a t t h i s su b je c t be c a r r ie d on the docket. # .* * / *r 1.1 / . . P LA IN T IFF'S EXHIBIT V u rti TO; #151, Mr. J . N. FROM: l i s i , K. S. Freeman SUBJECT: CAUTION LABELS FOR JOINT COMPOUNDS nil - US(d -113-( *" ces #1*7-1. Mr; c; c :,?r?n,eL fl47, Mr. J. T. Allen #147-2, Mr. R. P. Entz #170-5, Mr. J. D. Cornel: - #159* Mr. E. C.. Mobbs #147-2* Mr. C. M. Howard #151, Mr. E. Maynard Mr. J . H. Crumbaugh As a member of a "Special Committee on Asbestos in Joint Treatment Compounds" under the auspices of "the Gypsum Association * ** reporting on the recommendations which were proposed tteir aeetine on August 8, 1973. One recommendation was that all joint compound manufacturing members of the. Gypsum Association affix the OSHA asbestos caution label on all containers of joint compounds, powder and ready-mix. ' * - Both the National Gypsum Company and the U . f * (8S i S S S d s P" with submitted test data on mixing and sanding joint compounds. With respect to asbestos fiber concentrations, both r e P c" ^ agreement that mixing powder joint compounds resulted in fiber i S S S S a t i o n s S a t SsuaUy d e e d e d OSHA standards, and in some instances, greatly exceeded OSHA standards. The two reports were also in agreement on data resulting ^from sanding the dried joint compounds. The fiber concentrations, from both powder and ready-mix joint compound#, v *re a^1 ^Y^. than OSHA Standards. It was on the basis of our test data Cand the regulations cited in title XVJ3,that paragraph ft (2) of the Federal Register dated June 7, 1972) that we reached*# decision in August, 1972 to print the OSHA asbestos caution label on all bags of powder joint compounds, but not to label the containers of ready-mix joint compounds. It was reported at the Gypsum Association Committee meeting that the National Gypsum Company was affixing the OSHA a*J**to* "{JijiL label on containers of ready-mix joint compound on their contention that the applicator has the right io know that a product contains a potentially hazardous ingredient; other committee mesjers concurred. 2 stated,-however, that approval by USG of the OSHAasbestos caution label on ready-mix joint compound containers was contingent on approval by our Marketing and Legal Departments. Since the time of the committee meeting I have seen two other competitor's ready-mix joint compound containers that have asbestos caution labels. "Top-Pro Ready-Mixed Vinyl Taping Cement" producted by the Roach Paint Company of Dallas, Texas .1has a 4-1/8" x 8-5/8" label on the top of their cardboard carton follows: "CAUTION - Contains Asbestos Fibers - Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm. We Do Not Recommend Sanding Of Our Joint Cement. For Best We Recommend Sponging Joints to Eliminate Dust". Another product, "Paco Vinyl Ready-Mixed Joint Cement" produced by Paco Textures Company of Dallas, Texas has the OSHA asbestos ceution label on the carton. T IxiTTcn Q t a t p c rivncTT*# p n w I Il  I August 17 Page i hftiihN tr 1573 . Another recommendation by .the committee was that *vit joint compound manufacturing members of the Gypsum Association should affix a uniform caution statement for siliceous and nuisance dusts on all containers of powder and ready-mix joint compounds as follows: "CAUTION -- Vhen-mixing and/or dry sanding this produc wear eye protection and a respirator which is U. S. Bureau of Kines approved for toxic nuisance and pneumoconiosis producing dusts, wet sanding or sponging is recommended where practicable." For ready-mix products omit phrase "mixing and/or" in firsfline of the statement. Reports submitted by the National Gypsum Company for powder and ready-mix joint compounds have the following statement in their summary; "Tests showed that the total and'respirable dust *v< during the mix ing operation and the sanding operation Mn will exeeed the allowable OSHA limits." USS has not conducted tests for the total and respirable fraction of siliceous and nuisance dusts. . . . My recommendations 'are as follows: \ *' 1. Z believe that the OSHA asbestos caution label on ready-mix compounds would not be a handicap to sales especially if it were universally adopted. However. Z recommend that this decision be referred to the Marketing and Legal Departments . for approval. .. 2. Although standards have been established by OSHA for .levels of the total and the respirable fractions of siliceous ` and nuisance dusts in the work environment,- there are no specific, mandatory caution labels such as that for asbestos. .However, cautionary label statements would be required if any foreseeable use, particularly the mixing and sanding of the joint compounds, will result in dust levels that exceed OSHA standards. ' - *. Tests are scheduled in Denver' in mid September to establish, among other things, the dust levels created by mixing and sanding joint . compounds. Samples of powder topping joint compound and ready-mix* joint compound will be submitted by rsix-Gypsum Association Joint compound manufacturing members in a blindfold test. The results will be monitored by an independent industrial hygiene testing laboratory which has .not yet been selected. I recommend that a 2 adoption of a uniform Gypsum Association dust hazard label be deferred until the mixing and sanding tests are conducted in Denver. KSr/jak U .S .G . INTRODUCES NON-ASBESTOS TEXTURING MATERIALS ON WEST COAST N on-asbestos t e x t u r i n g m a te r ia ls f o r b o th w a lls and c e i li n g s h a v e been r e l e a s e d in t h e W este rn s t a t e , by U n ite d S t a t e s Gypsum Company. The p r o d u c t s , IMPERIAL qt T e x t u r e F i n i s h f o r c e i l i n g s and USG S p ra y T e x t u r e f o r s i d e w a l l s , e l i m i n a t e t h e h e a l t h h a z a rd s asso o iated w ith b re a th in g asbestos dust during a p p lica tio n worh. Use o f t h e p r o d u c t s s i m p l i f i e s c o m p lia n c e w i t h OSHA ( O c c u p a tio n a l S a f e ty and H e a lth Act) s ta n d a rd s . Both products a ls o a re n o n -casein, e lim in a tin g spoilage and l o s s Of m a t e r i a l h e ld i n m ix in g t a n h s . gone. t o o . a r e th e o d o rs associated with casein products. use of th is U.S.G. te x tu rin g system m inim izes d isc o lo ra tio n caused by spraying over d is s im ila r fin is h e s . imperial qt F in is h i s form ulated fo r spray a p p lic a tio n to produce a sim ulated a c o u s tic a l c e ilin g f i n is h in an e x c e p tio n a lly w h ite , c o arse t e x t u r e . The f i n i s h has e x c e ll e n t bonding q u a l i t i e s and ad h eres to gypsum p a n e ls , p ro p e rly cured new o r old c o n c re te . P l a s t e r or wood. surface defects. I t s e x c e p tio n a l hide and body conceal minor -more- Cfc-al UOd ' J NON-ASBESTOS TEXTURING MATERIALS // ADD ONE US3 Spray Texture Finish produces a range of wall finishes from light-orange-peel to heavy fog-and-splatter, with good hide and excellent hardness. For more information on this new non-- asbestos texturing system, write United States Gypsum Company, 525 S. Virgil Avenue, Los Angeles, California 90020. - END - For further information, _ _ , D.E. Shipley Phone 213/388-1171 contact: ENCLOSURE: J-337, J-338 PHOTO ENCLOSED September 5, 1973 C l OilO v/1 Su Ito Id 10 . - c sjy-Surr cc. ' ... w.'.:--"defense of U. b. Gypsum in litigation.'*' ffr. J . J. G affo rd , Manayer o f T e c h n ic a l S ervice Department The Celotex Corporation f . 0 . oox iCoOd . Tampa, F lo r id a 33L22 Dear J e rr y : Tnc C la y to n Reports on Sanding J o in t Treatm ent Compound th a t you reduusteu arc enclosed fo r your f i l e . Yours very t r u l y , GYi Swn ASaOCl.VTIun h . o , uu r i s e n , r.,tr.a nu r Tocnnluul i or v. i c . s r.SC: eh A ttachm ent GEORGE D. CLAYTON & ASSOCIATES ENVIRONMENTAL CONTROL SPECIALISTS SOUTHFIELD. MICHIGAN 48075 EVALUATION OF EXPOSURE TO ASBESTOS DURING MIXING AND SANDING OF JOINT COMPOUNDS GYPSUM ASSOCIATION Denver, Colorado November 19, 1973 961 l ZfOd'j EVALUATION OF EXPOSURE TO AS3EST0S DURING MIXING AND SANDING OF JOINT COMPOUNDS GYPSUM ASSOCIATION Denver, Colorado INTRODUCTION The Gypsum Association retained George D. Clayton and Associates to conduct an industrial hygiene survey at a test site located in Den ver, Colorado. The purpose of the survey was to determine the con centrations of airborne asbestos to which workers were exposed dur ing mixing and sanding of joint cement compounds and to interpret the results in terms of potential health hazards with particular refer ence to regulations promulgated under authority of the Occupational Safety and Health Act of 1970. This study was conducted on November 19, 1973 by Mr. Robert D. Soule of Clayton and Associates. Results of that study are reported herein. BACKGROUND The Gypsum Association, located at 1603 Orrington Avenue in Evanston, Illinois is a trade association which represents ten to fifteen in dustrial companies which are engaged in the manufacture of p r o d u i t s incorporating gypsum or gypsum-like materials. As with most i n d u s trial concerns, the activities of the Gypsum Association have irecome more broad with the passage and implementation of federal r e g u l a t i o n s such as the Metal and Non-Metallic Mine Safety Act and the O c c u p a tional Safety and Health Act. Technical committees composed o f per sonnel from companies comprising the Gypsum Association have b e e n e s tablished with particular interest in the occupational s a f e t y and health field. Of particular concern in this respect was t h e p o t e n tial hazard associated with exposure of workers to airborne a s b e s t o s during mixing and sanding of compounds used to seal cracks a n d j o i n t s formed during installation of wallboard material. Although t n e s p e cific formulations used by the various companies m a n u f a c t u r i n g and supplying the joint compound vary,it is understood that e s s e n t i a l l y all of them incorporate asbestos in the product whether a s a d r y c o m pound or a ready-mix product. In order to evaluate the exposure of workers to asbestos d u r i n g h a n dling and use of the joint compound products, the Gypsum A s s o c i a t i o n decided to undertake a test program during which several p r o d u c t s would be mixed and sanded. George D. Clayton and Associates was r e tained to collect and analyze samples which would represent t h e e x posure of workers engaged in the study. The tests were p e r f o r m e d cn^ November 19, 1973 in a development of townhouses known as K i n g ' s M i . . Townhouses, which were under construction in a suburban area n o r t h o f Denver, Colorado. POTENTIAL HEALTH HAZARD ASSOCIATED WITH EXPOSURE TO ASBESTOS Asbestos is a generic term referring to various mineral s i l i c a t e s ^ The types used most widely in industrial applications i n c l u d e c...,. o tile, or "white asbestos" (a hydrated magnesium silicate), a m o s . . e or "grey asbestos" (an iron magnesium silicate), crocidolite, or "blue asbestos" (a sodium iron silicate), tremolite (a calcium m a g nesium silicate), and anthophyl1ite (another iron magnesium sili cate). Of these, chrysotile accounts for over 90 percent of the total usage of asbestos in this country, with amosite and crocido lite being the only other types used to any significant extent. Asbestos exists naturally in bundles of extremely fine fibers which can be subdivided easily into many smaller fibers. The potential health hazard associated with exposure to asbestos is that of inhala tion of airborne fibers resulting in a type of pneumoconiosis referred to as "asbestosis." Small asbestos fibers can pass readily through the upper respiratory tract and be deposited in the terminal bronchi oles of the lung. There, they produce a local irritation which the body attempts to overcome by Initiating a tissue response resulting in the encapsulation of the fibers and consequent formation of "as bestos bodies." If sufficient quantities of fibers are inhaled over an extended period of time, a generalized diffuse peribronchiolar' fibrosis can develop. This pulmonary fibrosis can impair the trans fer of oxygen across the aveolar membranes and result in respiratory insufficiencies, or even cardiac failure. It has been determined, through toxicological and epidemiological studies, that long fibers, 20 to 50 micrometers in length, are most active in the production of the fibrosis. Fibers' shorter than about two micrometers in l e n g t h , are practically without an irritating effect. There is some evidence that other minerals having fibrous characteristics can produce .simi lar react ions. - Many recent studies have indicated an association between e x p o s u r e to asbestos in both industrial and urban atmospheres and an i n c r e a s e in a relatively rare type of lung cancer known as mesothelioma. A l though it has not been possible to establish a connection w i t h a s b e s tos in all cases of this disease, there is a strong correlation b e tween exposure to crocidolite and occurrence of mesotheliomas. O t h e r types of asbestos have been implicated to a much lesser extent. How ever, this "new hazard" has received much public attention b e c a u s e it has been suggested that very minimal, non-occupational e x p o s u r e can be sufficient to produce the disease in some individuals. For many years the American Conference of Governmental I n d u s t r i a l Hy gienists has recommended a threshold limit value ( TLV) of f i v e m i l lion particles per cubic foot of air (mppcf) for all types of a s b e s tos-bearing dusts containing less than one percent crystalline s i l i c a . The threshold limit value is defined as the concentration of an a i r borne contaminant to which it is believed that nearly all w o r k e r s ca r. he exposed for continuous and repeated work days without e x p e r i e n c i n g adverse effect.. The TLV of five mppcf was based on the i m p i n g e r s a m pling technique which was selected a the standard method in t n e e a r l y epidemiological studies of occupational exposure to asbestos. Virh this method, air is drawn through an impinger containing water ar.d the total particles (both grains and fibers) in an aliquot of t h e sample,are counted using light-field microscopic techniques. Within recent years, because of the increasing concern about astestos > in the environment and the resulting need for a more relevant sar.- . pling method, the American Conference of Governmental Industria. . Hygienists has proposed a TLV of five fibers (greater than five tic::. B#ter< length) per cubic centimeter of air. This standard is based on the membrane filter technique with actual microscopic fiber count- tng at 400-4 50 X magnification using phase contrast illumination. The Occupational Safety and Health Administration (OSHA) has estab lished the above concentration (five fibers, greater than five micro meters in length, per cubic centimeter of air) as an emergency stand ard and have announced that, effective July 1, 1976, the acceptable limit for an eight-hour, time-weighted average exposure will be re duced to two fibers/cc. In addition, OSHA has established the con centration of ten fibers (greater than five micrometers in length) per cubic cent imeter of air as an acceptable ceiling concentration. Workers shall not be exposed to concentrations of asbestos in excess of this value, regardless of duration of exposure. SAMPLING AND ANALYTICAL METHODS The air sampling conducted to evaluate exposures of workers to asbes tos was all of the "breathing zone" type. These samples were col lected by drawing air through 37-mm diameter membrane filters (h.llipore Type AA) at a rate of about two liters per minute using smail^ battery-operated pumps (Mine Safety Appliances Company, Model G).. .he sampling units were worn by the workers engaged in either mixing or sanding the joint compound; the pump was attached to the belt ajid the sampler head fastened on the outside of the worker s shirt at approximate breathing zone height. Thus, these samples were repre sentative of the time-weighted average conditions to which the men were exposed during the sampling period. The sampling head consisted of a three piece cassette (Millipore); during sampling the .ace cap was removed and the filter was used in an "open face" ode with the filter positioned slightly downward so as to minimize dust fa..tr.g d.irectly onto the filter. Sampling was conducted for the entire duration of the mixing o p e r a tions but because of the higher anticipated concentrations a s s o c i ated with sanding of the joint compounds it was decided to c h a n g e filters approximately every ten minutes. Sampling during the s a n d ing on the various joint compounds was conducted over a total p e r i o d of sixty minutes. Therefore six consecutive ten-minute samples w e r e obtained for each sanding test. In addition to the ten-minute t e s t s , samples were collected over thirty-minute periods as well, i e . , t wo consecutive 30-minute samples for each sanding test. After co.sec tion of each sample the filter cap was replaced and the cassette, cr sampler head, was sealed immediately and prepared for transfer to t..e analytical laboratory. The method of counting asbestos fibers was essentially the same as that used by the U.S. Public Health Service for the enumeration^, asbestos dust on membrane filters. The description of this me.iofirst appeared in an article written by G.H. Edwards and J.R. ivr.cn and appeared in the Annals of Occupational Hvgiene, Volume 2, ?*5*=- 1-6 (1968). kfcll 0J`J in luooary, the method consisted of the following steps. A pie-shaped section of each sample vit mounted on a standard microscope slide using a high viscosity solution of membrane filter in a 1:1 mixture of diethyl oxalate and dimethyl phthalate to render the filter transparent. The* asbestos fibers which were on the surface of the filter were then counted using a 10X eyepiece and a 1OX objective with phase contrast illumina tion. A number of fields, selected at random across the sample, suf ficient to reveal a minimum of 100 fibers were examined and fibers greater than five micrometers in length were counted. Any particle having an aspect ratio of three or greater was con sidered to be a fiber. Although it was conceivable that there would be fibers of paper or other materials present on the fi1-^ ters which would have been dislodged from the wallboard during the sanding operation it did not appear chat these were of any adverse consequence during the analysis of the samples. Although it is realized that the counting technique is not specific in terms of being able to identify the chemical nature of the fibers present in the sample, all of the fibers observed in these sam ples appeared to have physical features characteristic of asbes tos fibers. - For those samples collected over a thirty-minute period, and which were too heavily loaded to evaluate directly under the, microscope, the collected material on the filters was dislodged in a highly purified distilled water bath using an ultrasonic unit (Dynasonic Corporation, Model G6 generator and Model 76 tank) and diluted to one liter. An aliquot of the resulting suspension was drawn, passed through a membrane filter (Milli pore Type HA) and was then analyzed according to the procecure described above. PRESENTATION OF RESULTS A total of four joint compound products were used during this s t u d y . These products (two dry mix and two "ready mix") were supplied by two manufacturers whose identities were not known to the investiga tor. The products were identified by code (2D, 2R, 4D and 4R), a number referring to the supplier and the letter indicating whether the product was a "dry" or "ready-mix" compound. The results of the sampling program conducted during the mixing of the two dry mix products and sanding tests on all four joint com pounds are presented in Tables I through IV. Examination of these data revealsthe following: 1. During mixing of Joint Compound 2D, the worker was exposed to a concentration of 31.4 fibers, greater than five micro meters in length, per cubic centimeter of air. 2. The amount of total particulate generated during the sand ing operation on Joint Compound 2D was so great that direct analysis of the ten-minute samples was not possible. Ana lysis of the thirty-minute samples, which were redeposited, indicated an average concentration of 39. 4 fibers, greater than five micrometers in length,per cubic centimeter of air. 3. The results of analyzing four of the six ten-minute samples collected during sanding on Joint Compound 2R indicated an average concentration of 4.2 fibers per cubic centimeter; two of the samples were too heavily loaded to analyze di rectly. Results of analysis of the two thirty-minute sam ples collected during the sanding on Joint Compound 2R indi cated an average concentration of 11.1 fibers per cubic cen timeter, a factor of over 2.5 times as high as the average obtained from analysis of the ten-minute samples. 4. The sample obtained during the mixing of Joint Compound 4D Indicated a concentration of 7.6 fibers, greater than five micrometers in length, per cubic centimeter of air. 5. Results of analyzing four of the six ten-minute samples col lected during the sanding on Joint Compound 4D indicated an average concentration of 4.4 fibers per cubic centimeter. Analysis of the two thirty-minute samples, which were sub jected to the redepositing procedure, indicated an average concentration of 14.8 fibers per cubic centimeter, a factor of 3.4 times as high as results obtained iron the ten-ninute ' samp 1es . 6. The results of analysis of five of the six samples obtained during the sanding on Joint Compound 4R indicated an aver age concentration of 10.8 fibers per cubic centimeter. Re sults of analysis of the two thirty-minute samples indicated an average concentration of 9.7 fibers per cubic centimeter, a value essentially the same as that obtained from analysis of the ten-minute samples. 7. Six of the thirteen ten-minute samples obtained during sand ing on the four joint compounds indicated concentrations in excess of five fibers per cubic centimeter. Both mixing operations generated asbestos concentrations in excess of five fibers per cubic centimeter. 8. Two of the thirteen ten-minute samples collected during the sanding tests indicated concentrations in excess of ten fibers per cubic centimeter, the acceptable ceiling concen tration. One of the two mixing operations generated an as bestos-in-air concentration in excess of ten fibers per cubic centlmeter. 9. Of the four products tested, sanding on 2R and 4D resulted in concentrations less than, but approaching, the current acceptable limit for continuous exposure of workers, five fibers per cubic centimeter. Product 4R consistently pro duced very high concentrations of. total dust which obscured the asbestos fibers on the samples'. o A cn CONCLUSIONS The fallowing conclusion# are presented on the basis of observations and measurements aide during the study reported herein. 1. Based on the results of the ten-minute samples, it is appar ent that the exposures of workers engaged in mixing and sand ing of the various joint compounds used during this test would be to concentrations approaching or exceeding five fibers, greater than five micrometers in length, per cubic centimeter of air. 2. It is clear that persons engaged in the mixing and sanding cf joint compounds similar to chose used during this test would be exposed to concentrations of airborne asbestos in excess of two fibers per cubic centimeter during the entire course of their work. This value is the proposed acceptable limit for an eight-hour time-weighted average exposure to asbestos which is scheduled to become effective July 1, 1976. 3. With the exception of the tests conducted during sanding on joint compound 4R the results of analysis of the thirty-min ute samples, using the redeposition technique, were consist ently higher than those obtained by direct analysis of the ten-minute samples by a factor of 2-1/2 to 3-1/2. Therefore, it appears that use of the redeposition technique would re sult in the apparent concentrations of asbestos in air being higher than actually present and would therefore err on the "conservative" side. 4. Discounting the results obtained by analysis of the thirtyminute samples, for which the redeposition technique was used, three of the samples collected (mixing of 2D and sand ing on 4R) indicated concentrations in excess of ten fibers per cubic centimeter and are therefore a concern as peak exposures. With those exceptions, the problem is one of con trolling the time-weighted average exposures of workers to asbestos. In that respect, it must be pointed out that the sampling results reported herein are indicative of the expo sures of workers during the mixing or sanding operations and not their time-weighted average exposure for a full workday. RECOMMENDATIONS 1. The results of sampling reported herein should be analyzed in conjunction with a study of the work practices and routine of persons engaged in mixing, sanding or otherwise being exposed to joint compounds similar to those used in this study. In this v a y a true evaluation of the time-weighted average exposure of such workers to asbestos can be made. If it is true that, as reported by workers used during this test, it would be unlikely for an individual to mix or sand on the joint compounds for greater than two hours per workday, then the time-weighted aver age exposure of such workers to asbestos likely would be within acceptable limits. Of course, the problem of controlling any exposures to below ten fibers per cubic centimeter would still hive to be contended with. 2. From the standpoint of being able to eliminate or minimise the problem of excessive concentrations of asbestos being generated by handling and use of the joint compounds, consideration should be given to the following aspects. a. The most effective means of eliminating the asbestos prob lem obviously would be to eliminate asbestos from the joint compound formulations if this is feasible. Although the spe cific role that asbestos plays in the joint compound formu lations is not clear it is understood that manufacturers of joint compounds consider it necessary that asbestos be in the formulat ions. b. From an engineering standpoint, it may be necessary to imple ment the following measures in conjunction with mixing and sanding of the joint compounds containing asbestos. . i. Mixing of the Joint compounds could be done in such a way that the material is more effectively wetted as it is removed from the containers or could be done within an enclosure, with or without mechanical ventilation', so as to minimize the amount of asbestos fibers released into the breathing zone of the workers. - ii. Although the results of the air sampling reported herein indicate concentrations of asbestos fibers in excess of acceptable limits, either those currently enforced or those proposed to be made effective in July, 1976, it was obvious during the study that the sanding process in general has associated with it exposure of the worker to tremendously high concentrations of total dust. There fore, if means were implemented to maintain the exposure of the workers to total particulate to within acceptable limits there would be an inherent control of the asbestos problem as well. Although more extensive in nature, en gineering control of the total dust generated by the sand ing operations is feasible. Such_control techniques would - ..include, but not be limited to, the use ot. a wet sanding technique and/or use of a portable local exhaust ventila tion system incorporating, as the air moving device, a _ unit similar to common industrial vacuum cleaners and bag collectors. 3. The next phase of the testing program to control workers' expo sures to asbestos during use of the joint cement compounds logi cally would be evaluations of the various potential engineering control concepts indicated or inferred above. This report prepared by: 7 -__________ Robert D . Soule, P .E . Vice-President, Industrial Hygiene Services fOi' i Client TABLE I GEORGE D. ' CLAYTON & ASSOCIATES INDUSTRIAL HYGIENE SAMPLING SUMMARY Gypauw Association_________ Material AsbestoB I ?i>4 197 3 Da te Samp1e No. JOINT COMPOUND 2D (a) DfescrlptIon Samp ling Perlod Start Stop Samp 1e Weight Samp Ia Concentrt Ion Vo 1ume Fibers Liters >5pm/cc 11/19 11/19 11/19 11/19 11/19 11/19 .11/19 2 D- M 2D-S-1 20-S-2 2D-S-3 2D-S-4 2 1)- S - 5 2D-S-6 11/19 11/19 2D-S-7 2D-S-8 Mixing of compounJ^1^ Sanding on compound (c ) Sanding on compound (c ) Sanding on compound Sanding on compound Sanding on compound ^ Sanding on compound ^ Sanding on compound ^ Sanding on compound(c) 09 :28 09:34 11:57 12:27 11:57 12:07 12:07 12:17 f| 12:17 12:27 12:27 12:57 12:27 12:37 12:37 12:47 12:47 12:57 1 3 31.4 60 35.2** * . * - * 60 43.6** - * * * (a) All aaplea were obtained In the breathing zone of the worker. (b) Mixing of Compound 2D was done by Mr. Harold McDowell in King1 Mill Townhouse Unit U-81. (c) Sanding of Compound 2D ua> done by Mr. James Pasquarlello In King's Mill Townhouse Unit U-77. Psychrometr1c conditions In U-77 at 11:45 were 56K dry bulb, 41*F* wet bulb (227. relative humidity) * too heavily loaded for direct analysiu ** material on filter was taken Into suspension and an aliquot redeposited for analysiu TABLE I I Client 1 973 Date Cypsum Asaoctatlon CEORCE D - CLAYTON & ASSOCIATES I NDUSTRI AL HYGIENE SAMPLING SUMMARY __ Material A s b e s t o s r,i>oi? l? i1* Sample No. JOINT COMPOUND 2R , (a) DeacrlptIon S a mpling Per 1od Start Stop Samp 1e Weight Samp I Vo 1ume ConcentratIon Fibers L 1tera >5pm/cc 11/ 19 2R-S-1 11/19 2R -S-2 11/19 2R-S-3 11/19 2R-S-4 11/19 2R-S-5 11/19 2R-S-6 11/19 2R-S-7 11/19 2R-S-8 Sanding compound Sanding compound^**) Sanding compound^) Sanding compound^) Sanding compound^*1) Sanding compound^) Sanding compound ^ ) Sanding compound 15:48 16:18 15:48 15:58 15:58 16:08 16:08 16:18 16:18 16:48 16:18 16:28 16:28 16:38 16:38 16:48 60 20 20 2 0 60 20 20 20 12.3*< 4 .5 4.2 4 .1 9.9** * 3.8 * (a) All aample were obtained In the breathing zone of the workers. (b) Sanding of Compound 2R was done by Mr. David Potter In King's Mill Townhouse Unit U-79. PsycItroroetr ic conditions 'in U-79 at 15-45 were 39 F dry bulb, 35"F wet bulb (667. relative humidity). ' * too heavily loaded for direct analysis ** material on filter was taken into suspension and an aliquot redep09 ited for analysis Client Cyp.um TABLE I I I GEORGE D. CLAYTON & ASSOCIATES I NDUSTRIAL1 HYGIENE SAMPLING SUMMARY A.eoclatton_________ Material . A.be.to. Gl`0 1 ? 1211 1 973 Date 8amp1e No. JOINT COMPOUND 4D D,acr1ptIon <) Samp 1Ing Per 1od Start Stop Samp 1e Weight Sample Vo 1use Liter. Concentrt ion Fiber. >5pm/cc 11/19 AD -M 11/19 AD-S-l 11/19 AD-S-2 11/19 AD-S-3 11/19 AD-S-A 11/19 11/19 AD-S-5 AD-S-6 11/19 A D-S-7 11/19 AD-S-8 Mixing compound^) Sanding compound^) Sanding compound^*") Sanding compound Sanding compound Sanding compound^0) Sanding compound Sanding compound^c^ Sanding c o m p o u n d ) 09:09 09:17 10:20 10:50 10:20 10:29 10:29 10 :A0 10 :A0 10:50 10:50 11:00 10:50 11:20 11:00 11:10 11:10 11:20 1A A 60.0 18.0 22.0 20.0 20.0 60.0 20.0 20.0 7 .6 15.5** 5.2 * 3 .7 6 .1 1 A .1** * A .7 (*) All a a m p l a a w e r e obtained In the breathing aone of the vorkara. (b) Mixing of Compound AD was done by Mr. Harold McDowell in King's Mill Townhouse Unit U-80. (c) Sanding of Compound AD was done by Mr. James Pasnuariello in Kina'. Mill Townhouse Unit U-76. Psychrometrtc conditions (dry and wet bulb tempera- (urea) were not recorded. ' . * too heavily loaded for direct analysis ' A* material on filter was taken into auspenslon and an aliquot redcposlted for analysis I- M e n t 1 97 3 Date (lypsum A s s o c i a t i o n TAlll.E IV GEORGE D- CLAYTON A ASSOCIATES INDUSTRIAL IIYCIEHE SAMPLING SUMMARY ___ Material C l02 W P Asbestos Sample No. JOINT COMPOUND AR (a) Description Sarapling Period Start Stop Samp 1e Weight Samp 1e Vo 1use Concentrt Ion F ibera Liters >5|jm/cc 11/19 AR-S- 1 11/19 AR-S -2 11/19 AR-S-3 Il / 19 AR -S-A 11/19 AR-S-5 11/19 A R-S-6 11/19 AR-S-7 11/19 AR-S-8 Sanding compound Sanding c o m p o u n d ^ ) Sanding c o m p o u n d ^ ) Sanding compound^) Sanding compound Sanding compound^') Sanding compound ^ ) Sanding compound^) 1A :31 15:01 1A :3 1 1A :A 1 1A :A 1 1A :51 1A :51 15:01 15:01 15:31 15:01 15:11 15:11 VOID 15:18 15:31 60.0 20.0 20.0 20.0 60.0 20.0 11.3** 6.3 7 .5 19.9 8.1** 5. 3 26.0 15.0 ( ) All plea were obtained in the breathing cone of the vorkere. (b) Townh"8 of||C"-Pund waa done by Mr. David Potter In King'. Mill iA" rha U*eK U?ut U 78` p,)rchroH'ic conditions' in U-78 at 1A A5 were ** F dry bulb, 38*F wet bulb (68* relative humidity). - ............. . * * material on filter waa taken Into suspension and an aliquot redeposited for analysis * I 1 I- ce; L .A . #9G^- T. H. S u p p le L . A . #9G1 - p. p . Thompson V //` j L . A . #9G1 - D- S , M cV ick er L .A . #961 - Roger G ille t t e RECEIVED JN 1 2 1372 I n d u s t r i a l S a f e t y P r e c a u t i o n s - Tape and J o i n t Compounds June 2 , 1972 W hile str e n d in g the S ta te F ire M arshal's f i r e r e s t program - Proi- 5 t t.Eo r n i a a r , r ! lj ad t h e O C!:asion t o t o l k W ith Mr. R o b e r t GuLick o f the D ryuall Industry Trust Fund. Included in th is conversation w as Mr. M arvin S m ith o f t h e Gypsum A s s o c i a t i o n , end fir. Howard v.aitTT-an o f K a i s e r Gypsum R e s e a r c h end D e v e l o p m e n t . ' Mr. G ulick adviced th a t th ere have been re ce n t d is c u ss io n s brought on by trjo e unions r a is in g q u e stio n s about the i l l o f fa c te chat could p o s s i b l y be e n c o u n t e r e d u s i n g j o i n t and t o p e compound s v e t o r a . - Mr. G u lic ^ m a l e a t e a t h a t docum entary e v id e n c e has b een in tr o d u c e d by m e d ic a l p e r s o n n e l t h a t i n d i c a t e s o v e r a p p r o x im a te ly a f i v e y e a r p^^iocl : : ; ,, t h f , u' r::i=:n c u i j e c t c d t o san d in g j o i n t cystoma recorded a of cancer a ttrib u ted posaibly to the asbestos content th e fib e r s used in th e vario u s j o in t compounds. procc3Q o f Preparing a l e t t e r to a l e r t nanu- t h a t m ig h t e n s u i ? cc:=?cund t o b e P rep ared f o r any i n t e r r o g a t i o n - G? v i c c d t h a t h c ^ " ld * ^ d a l e t t e r i n c a r e o f Mr. f t h a Gi'PStrn A s s o c , who, i n t u r n , w i l l r e l a y t o a l l o f th" r:3n^ a c : t u r c r s - I n a d d i t i o n , Mr. G u l i c k w i l l a l s o i n f o m t h - 23W SP 5SA 2E =yBtCm3 * neceoeorily T h i s memo i s b e i n g s e n t f o r i n f o r m a t i o n u s e o n l y i n t h e a t t e m p t t o e l e r . t t h e portions concerned, o f the im pend ing probLem, i f) RFCL/mj USG106.1 TAB 34  i o 7 3/s C E M E N T KAISER CEMENT CORPORATION, 1333 NORTH CALIFORNIA BLVD., MAILING ADDRESS: P.O. BOX 8019 SUITE 445, WALNUT CREEK, CALIFORNIA 94596-1209 WALNUT CREEK, CA TELEPHONE (415) 256-3050 94596-1209 TELECOPIER: (415) 256-3064 October 3, 1989 ATLIS Federal Services, Inc. EPA/AIA Clearing House 6011 Executive Boulevard Rockville, Maryland 20852 Re: Docket Control No. OPTS-62073; Submission of Kaiser Cement Corporation in Compliance with the Asbestos Information Act of 1988 Dear Sirs: In compliance with the Asbestos Information Act of 1988 (the "Act") and Federal Register notices promulgated by the EPA at 54 Fed. Reg. 15622 (April 18, 1989) and 54 Fed. Reg. 32430 (August 7, 1989), Kaiser Cement Corporation ("Kaiser Cement") submits information on asbestos-containing building products that it formerly manufactured. Kaiser Cement has not manufactured or marketed asbestos-containing building products since 1976. This submission represents Kaiser Cement's best knowledge at time about those products. this 1. Name and address of manufacturer of asbestos-containing materials. The name of the manufacturer of asbestos-containing materials submitting information is Kaiser Cement Corporation. Kaiser Cement Corporation was known as Permanente Cement Company from 1939 to 1964 and as Kaiser Cement & Gypsum Corporation from 1964 to 1979. Kaiser Cement's corporate headquarters are located at 1333 North California Boulevard, Walnut Creek, California 94596. 2. Years of manufacture of asbestoscontaining materials. Kaiser Cement manufactured asbestos-containing materials between 1944 and 1946 and between 1959 and 1976. ATLIS Federal Services, October 3, 1989 Page two Inc. 3. Types or classes of products. Kaiser Cement manufactured limited lines of asbestoscontaining cement (for exterior application only) within the "surfacing material" category and an asbestos-containing masonry cement within the "miscellaneous material" category as defined in the Act. It did not manufacture any asbestos-containing building products intended for interior application, nor did it manufacture any "thermal system insulation" products as defined in the Act. 4. Identifying characteristics of manufactured asbestos-containing materials. 1. Plastic Gun Cement Between 1959 and 1976, Kaiser Cement manufactured and sold under the name "Kaiser Permanente Plastic Gun Cement" a gray colored powder which, when mixed with water, was used to make stucco for the exterior of houses and other buildings and was applied by gun with a plastering machine. The product was sold in sacks and was composed primarily of Portland cement plus plasticizing and air-entraining agents. The product included as an ingredient a small amount of chrysotile asbestos. The product was sold primarily in California, but also in several other Pacific Coast States and Nevada. 2. Plastic Cement (Hand) Between 1961 and 1973, Kaiser Cement also manufactured and sold a product called "Kaiser Permanente Plastic Cement (Hand)" with essentially the same description and composition as "Kaiser Permanente Plastic Gun Cement'" and for the same use (except that it was manually applied by trowel). The distribution area for sales of this product was the same as for the Plastic Gun Cement. 3. Masonry Cement During a six-month period beginning in April 1973, Kaiser Cement manufactured and sold in the Phoenix, Arizona area a masonry cement for use as mortar in building construction called "Kaiser Permanente Masonry Cement" whose ingredients included a trace amount of chrysotile asbestos, probably less than lfc when the.product was actually applied. The product was sold in 78 lb. bags (not in bulk) and was composed primarily of a combination of Portland cement and air-entraining additives. ATLIS Federal Services, October 3, 1989 Page three Inc. 4. Plastite In 1944 and 1945, Kaiser Cement manufactured and sold (generally in sacks of 100 lbs. net) a cement product called "Plastite" which was used to make stucco for the exterior of houses and other buildings and was applied manually. It was primarily composed of Portland cement, adhesive, plasterizing and water repellent agents and had a small asbestos ingredient. It was sold in Northern California and in Washington. If any persons seek clarification as to the meaning of any of the foregoing information, they are invited to direct their inquiries to the Secretary of Kaiser Cement Corporation at its headquarters at the above address. Respectfully submitted, KAISER CEMENT CORPORATION MAY :y 1 By iYVlia.^a^ Melissa A. Youn Secretary and A t Treasurer