Document Nep6Gog7o7QeoO6B85NqX0g2D
PLAINTIFF'S
EXHIBIT CT-138
1 SHIELD & SMITH J. LAWRENCE JUDY
2 JAMES G. SCADDEN 580 California Street, Suite 1400
3 San Francisco, California 94104 (415) 362-5116
4
5 Attorneys for Defendant CERTAINTEED CORPORATION
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SOLANO
10
11 IN RE: SOLANO COUNTY COMPLEX )
ASBESTOS LITIGATION
)
12 )
)
13 )
)
14 )
) 15
No. 2830
CERTAINTEED CORPORATION'S RESPONSES TO PLAINTIFF'S FIRST SET OF
INTERROGATORIES TO ALL DEFENDANTS
16 PROPOUNDING PARTY:
Plaintiffs
17 RESPONDING PARTY:
Defendant, CERTAINTEED CORPORATION
18 SET NUMBER:
ONE (1)
19
20
21 Pursuant to Section 2030 of the California Code of Civil
22 Procedure, defendant CertainTeed Corporation (hereinafter
23 "defendant") hereby responds to plaintiff's interrogatories
24 without conceding, in any fashion, that any of the
25 interrogatories request information which is either relevant or
26 admissible as evidence in this action.
27 Furthermore, defendant has not completed its
28 investigation of the facts relating to this case and has not
1 completed its preparation for trial. As such, defendant's 2 response to the interrogatories propounded by plaintiff is given 3 without prejudice to defendant's right to produce evidence of any 4 and all subsequently discovered facts and/or documents and to 5 rely on any and all subsequently discovered facts and/or 6 documents at the time of trial or &t any other time. 7 8 GENERAL OBJECTIONS 9 A. Defendant objects to the interrogatories to the 10 extent that they request information and the identification of 11 documents which are protected by any privilege, including but not 12 limited to the attorney-client privilege, the joint-defense 13 privilege, and/or the work-product doctrine, and defendant and 14 its counsel hereby asserts such privileges. 15 B. The information sought by many of the 16 interrogatories is so remote in time so as to be of little or no 17 value to plaintiff. Indeed, the interrogatories seek information 18 created many years ago. As requested, the interrogatories will 19 be burdensome, oppressive, and harassing to defendant with little 20 or no benefit flowing to plaintiff. Notwithstanding the 21 foregoing, defendant will attempt to respond to plaintiff's 22 interrogatories, subject to the other applicable objections set 23 forth herein, as fully as possible. 24 C. Plaintiff's unreasonable delay in serving these 25 interrogatories and commencing litigation against defendant has 26 prejudiced defendant's ability to respond to this litigation, in 27 general, and these interrogatories, in particular. 28 Notwithstanding the foregoing, defendant will attempt to respond
1 to plaintiff's interrogatories, subject to the other applicable
2 objections set forth herein, as fully as possible.
3 D. Defendant will make reasonable efforts to respond
4 to each interrogatory, to the extent that it has not been
5 objected to, as defendant understands and interprets the
6 interrogatory. If plaintiff subsequently asserts an
7 interpretation of any interrogatory which differs from that of
8 defendant, defendant reserves its right to supplement its
9 responses accordingly.
10 E. Defendant hereby objects to the definitions of
11 plaintiff insofar as they are oppressive, overly broad, and
12 burdensome, and insofar as they are vague and ambiguous.
13 Defendant also objects to the inclusion of conjunctive or
14 disjunctive definitions as in contravention of Section 2030(f)(5)
15 of the California Code of Civil Procedure.
16
17 INTERROGATORIES AND SPECIFIC RESPONSES
18 INTERROGATORY NO. 1:
19 With respect to the individual verifying these answers on your behalf, state the following:
20 a. their name; b. their present business address;
21 c. their present job title; d. their of first employment with you, and the dates
22 and titles of each job position they have held while they were employed by you.
23
24 RESPONSE TO INTERROGATORY NO. 1:
25 Subject to the aforementioned general objections,
26 defendant responds as follows:
27 a. Curtis M. Pontz, Esq.
28 / / /
1 b. CERTAINTEED CORPORATION 750 E. Swedesford Road
2 Valley Forge, Pennsylvania 19482
3 c. Senior Counsel and Assistant Secretary
4 d. First employed by CertainTeed in November, 1975.
5 INTERROGATORY NO. 2:
6 State whether YOU are a corporation. If so, state: a. YOUR full corporate name;
7 b. the state of incorporation; c. the date of incorporation;
8 d. the address of YOUR principal place of business; e. if YOU are a wholly-owned or if more than five (5)
9 percent of the ownership interest of YOUR COMPANY is owned by another business entity, state that entity's name and principal
10 place of business.
11 RESPONSE TO INTERROGATORY NO. 2:
12 Subject to the aforementioned general objections,
13 defendant responds in the affirmative.
14 a. CertainTeed Corporation (hereinafter "CertainTeed"
15 or "defendant").
16 b. Originally incorporated in Maryland in 1917, most
17 recently incorporated in Delaware on May 31, 1988.
18 c. May 31, 1988.
19 d. Principal place of business in 750 E. Swedesford
20 Road, Valley Forge, Pennsylvania 19482.
21 e. Compagnie de Saint-Gobain, Les Miroirs, 18 avenue
22 d'Alsace, 92400 Courbevo ie FRANCE
23 INTERROGATORY NO. 3;
24 Has THIS DEFENDANT ever been identified, known, or done business under any other name? If so, please state such name or
25 names and the time period during which THIS DEFENDANT was so known or identified.
26
27 / / /
28 / / /
1 RESPONSE TO INTERROGATORY NO. 3:
2 Subject to the aforementioned general objections,
3 defendant responds as follows: CertainTeed Products Corporation
4 (prior to May 28, 1976).
5 INTERROGATORY NO. 4:
6 State whether YOU have ever been registered or qualified to do business in the State of California. If so, state the date
7 YOU became qualified to conduct business in the State of California.
8
9 RESPONSE TO INTERROGATORY NO. 4:
10 Subject to the aforementioned general objections,
11 defendant responds as follows: Yes. April 16, 1917.
12 INTERROGATORY NO. 5:
13 Does THIS DEFENDANT currently have, or has THIS DEFENDANT had a department, division, subdivision, branch or
14 group responsible for the design, development, manufacture, testing and use of ASBESTOS-CONTAINING PRODUCT(S). If so, state:
15 a. the name of each present or former corporate department, division, subdivision, branch or group.
16 b. the IDENTITY of the person most knowledgeable about such department, division, subdivision, branch or group.
17
18 RESPONSE TO INTERROGATORY NO. 5:
19 Subject to the aforementioned general objections,
20 although defendant has made and sold asbestos-bearing products,
21 it has never had a department, etc. which was responsible for the
22 design, development, testing, manufacture, and use of only
23 asbestos-containing products, nor has it ever had a department,
24 etc. which has ever been responsible for testing the health
25 aspects of such products.
26 INTERROGATORY NO. 6:
27 Has THIS DEFENDANT engaged in the MARKETing of ASBESTOSCONTAINING PRODUCT(S) comprised in whole or in part of amosite
28 asbestos fiber; if so, please state:
1 a. the trade, brand name, and/or generic name of each type of product;
2 b. the date(s) THIS DEFENDANT first MARKETed each type of product;
3 c. the date(s) THIS DEFENDANT ceased MARKETing each type of product;
4 d. a general description of the chemical composition of each type of product, including;
5 (i) the type(s) and/or grade(s) of RAW ASBESTOS FIBER contained in each type of product;
6 (ii) the quantitative percentage of the type(s) of RAW ASBESTOS FIBER in each type of product;
7 (iii) any change(s) in the quantitative percentages of the type(s) of RAW ASBESTOS FIBER in each type of product;
8 e. the NATURE of each type of product; f. a description of any wording, markings and/or logo
9 on each type of product; g. the recommended use(s) of each type of product,
10 including temperature limits; h. the name(s) of the manufacturer(s) of each type of
11 product; i. the name(s) and address(es) of the supplier(s) of
12 the amosite asbestos fiber used in each type of product; j. the IDENTITY of the person(s) most knowledgeable
13 concerning the purchase of amosite asbestos fiber by THIS DEFENDANT.
14
15 RESPONSE TO INTERROGATORY NO. 6:
16 Subject to the aforementioned general objections,
17 defendant responds as follows: No.
18 INTERROGATORY NO. 7:
19 Has THIS DEFENDANT engaged in the MARKETing of amosite asbestos fiber; if so, please state:
20 a. the name and location of each amosite asbestos mine which THIS DEFENDANT presently operates, has operated, or in
21 which THIS DEFENDANT has or had an ownership interest, including the dates of such ownership, and the grade of amosite asbestos
22 fiber mined; b. the date(s) THIS DEFENDANT first MARKETed amosite
23 asbestos fiber; c. the date(s) THIS DEFENDANT ceased MARKETing amosite
24 asbestos fiber; d. the grade(s) of such amosite asbestos fiber
25 MARKETed by THIS DEFENDANT; e. the recommended use(s) of each grade of such
26 amosite asbestos fiber, including any temperature limits; f. the name(s) and address(es) of the supplier(s) of
27 amosite asbestos fiber to THIS DEFENDANT.
28 / / /
1 RESPONSE TO INTERROGATORY NO. 7:
2 Subject to the aforementioned general objections,
3 defendant responds as follows: No.
4 INTERROGATORY NO. 8:
5 Has THIS DEFENDANT engaged in the MARKETing of ASBESTOS-
CONTAINING PRODUCTS comprised in whole or in part of chrysotile
6 asbestos fiber; if so, please state:
a. the trade, brand name and/or generic name of each
7 type of product;
b. the date(s) THIS DEFENDANT first MARKETed each type
8 of product;
c. the date(s) THIS DEFENDANT ceased MARKETing each
9 type of product;
d. a general description of the chemical composition
10 of each type of product, including:
(i) the type(s) and grade(s) of asbestos fiber
11 contained in each type of product;
(ii) the quantitative percentage of the types of
12 asbestos fiber in each type of product; (iii) any change(s) in the quantitative percentages
13 of the type(s) of asbestos fiber in each type of product;
e. the NATURE of each type of product;
14 f. a description of any wording, markings, and/or logo
on each type of product;
15 g. the recommended use(s) of each type of product,
including temperature limits;
16 h. the name of the manufacturer of each type of
product; 17 i.
the name(s) and address(es) of the supplier(s) of
the chrysotile asbestos fiber used in each type of product;
18 j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of chrysotile asbestos fiber by THIS
19 DEFENDANT.
20 RESPONSE TO INTERROGATORY NO. 8:
21 Subject to the aforementioned general objections,
22 defendant responds as follows:
23 a. - g.
24 1. Asbestos Roof Coating - First placed on
25 the market prior to 1930. Withdrawn from the market in 1982 due
26 to economic considerations (poor profit margins). It was
27 composed of asphalt, mineral spirits and approximately 6.7% 7M
28 chrysotile asbestos fiber. It was designed for use as a coating
1 for smooth surface asphalt roofs, and was sold In one-gallon 2 friction top steel cans, five-gallon steel pails, and 30- and 3 55-gallon steel drums. The CertainTeed name appeared on the 4 container. It was a viscous black liquid that could be spread 5 with a brush or sprayed, and any atmospheric temperature was 6 recommended. 7 2. Blind Nailing Cement - First placed on 8 the market prior to 1930. Withdrawn from the market in 1979 due 9 to economic considerations (poor profit margins). It was 10 composed of asphalt mineral spirits and approximately 13% 7M 11 chrysotile asbestos fiber. It was designed for use in sealing 12 the laps of roll roofing applied with no exposed nails, and was 13 sold in one-gallon friction top steel cans, five-gallon steel 14 pails, and 30- and 55-gallon steel drums. The CertainTeed name 15 appeared on the container. It was a viscous black liquid that 16 could be applied with a stiff brush or trowel, and any 17 atmospheric temperature was recommended. 18 3. Plastic Cement - First placed on the 19 market prior to 1930. Withdrawn from the market in 1983 due to 20 economic consideration (poor profit margins). It was composed of 21 asphalt, mineral spirits, pulverized limestone and approximately 22 18% 7K chrysotile asbestos fiber and 18% 7M chrysotile asbestos 23 fiber. It was designed for flashing, caulking, heavy duty roof 24 repairs, and patching roof flashings, and was sold in one-pint, 25 one-quart, 1/2-gallon, and one-gallon friction top steel cans, 26 three- and five-gallon steel pails, and 30- and 55-gallon steel 27 drums. The CertainTeed name appeared on the container. It was a 28 black mastic that could be applied with a trowel, and any
1 atmospheric temperature was recommended. 2 4. Sealing Cement - First placed on the 3 market prior to 1930. Withdrawn from the market in 1976 due to 4 economic considerations (poor profit margins). It was composed 5 of asphalt, mineral spirits, and approximately 29% 7N chrysotile 6 asbestos fiber. It was designed for sealing down asphalt 7 shingles and was sold in one-gallon friction top steel cans, 8 five-gallon steel pails, and 30- and 55-gallon steel drums. The 9 CertainTeed name appeared on the container. It was a black 10 mastic that could be applied with a trowel, and any atmospheric 11 temperature was recommended. 12 5. Cold Process Cement - First placed on the 13 market in approximately 1940. Withdrawn from the market in 1967 14 (replaced by Cold Process Asphalt). It was composed of asphalt, 15 mineral spirits, and approximately 6.7% 7M chrysotile asbestos 16 fiber. It was designed for use in applying rolls of smooth 17 roofing to obtain a built-up roof and was sold in one-gallon 18 friction top steel cans, five-gallon steel pails, and 30- and 19 55-gallon steel drums. The CertainTeed name appeared on the 20 container. It was a viscous black liquid that could be spread 21 with a brush or sprayed, and any atmospheric temperature was 22 recommended. 23 6. Cold Process Asphalt - First placed on 24 the market in 1967. Withdrawn from the market in 1983 due to 25 economic considerations (poor profit margins). It was composed 26 of asphalt, mineral spirits, and approximately 6.7% 7M chrysotile 27 asbestos fiber. Cold process asphalt was the name given to "cold 28 process cement" subsequent to 1967. It was sold in one-gallon
1 friction top steel cans, five-gallon steel pails, and 30- and 2 55-gallon steel drums. The CertainTeed name appeared on the 3 container. It was a viscous black liquid that could be spread 4 with a brush or sprayed, and any atmospheric temperature was 5 recommended. 6 7. Stabilized Roof Coating - First placed on 7 the market in approximately 1940. Withdrawn from the market in 8 1967 due to economic considerations (poor profit margins). It 9 was composed of asphalt, mineral spirits, and approximately 6.7% 10 7M chrysotile asbestos fiber. It was designed for coating cold 11 process smooth surface built-up asphalt roofs and was sold in 12 one-gallon friction top steel cans, five-gallon steel pails, and 13 30- and 55-gallon steel drums. The CertainTeed name appeared on 14 the container. It was a viscous black liquid that could be 15 spread with a brush or sprayed, and any atmospheric temperature 16 was recommended. 17 8. Wet Seal Plastic Cement - First placed on 18 the market in 1961. Withdrawn from the market in 1983 due to 19 economic considerations (poor profit margins). It was composed 20 of asphalt, mineral spirits, an amine wetting agent, pulverized 21 limestone and approximately 18% 7K chrysotile asbestos and 18% 7M 22 chrysotile asbestos. It was designed for use in providing 23 adhesion to wet or damp surfaces in making heavy duty repairs to 24 wet roofs and was sold in one-gallon friction top steel cans, 25 five-gallon steel pails, and 30- and 55-gallon steel drums. The 26 CertainTeed name appeared on the container It was a black mastic 27 that could be applied with a trowel, and any atmospheric 28 temperature was recommended.
1 9. Asphalt Fibered Emulsion - First placed 2 on the market some time during the 1950's. Withdrawn from the 3 market in 1983 due to economic considerations (poor profit 4 margins). It was composed of asphalt, water, clay, electrolyte 5 and an unknown quantity of asbestos fiber. It was designed for 6 coating smooth surface asphalt roofs and was sold in one-gallon 7 friction top steel cans, five-gallon steel pails, and 30- and 8 55-gallon steel drums. The CertainTeed name appeared on the 9 container. It was a viscous black liquid that could be spread 10 with a brush or sprayed, and any atmospheric temperature was 11 recommended. 12 10. Fibered Aluminum Roof Coating - First 13 placed on the market in 1951. Withdrawn from the market in 1979 14 due to economic considerations (poor profit margins). It was 15 composed of asphalt, mineral spirits, aluminum powder, and an 16 unknown quantity of asbestos fiber. It was designed for coating 17 smooth surface asphalt roofs and was sold in one-gallon friction 18 top steel cans, five-gallon steel pails, and 30- and 55-gallon 19 steel drums. The CertainTeed name appeared on the container. It 20 was a viscous aluminum colored liquid that could be spread with a 21 brush or roller, and any atmospheric temperature was recommended. 22 11. Asphalt Foundation Coating - First placed 23 on the market in approximately 1940. Withdrawn from the market 24 in 1981 due to economic considerations (poor profit margins). It 25 was composed of asphalt, mineral spirits, and approximately 6.7% 26 7M chrysotile asbestos fiber. It was designed for coating the 27 exterior of foundations before backfilling, and was sold in one28 gallon friction top steel cans, five-gallon steel pails, and
1 30- and 55-gallon steel drums. The CertainTeed name appeared on 2 the container. It was a viscous black liquid that could be 3 spread with a brush or sprayed, and any atmospheric temperature 4 was recommended. 5 12. No. 15. Perforated Saturated Asbestos Felt 6 First placed on the market in 1968. Withdrawn from the market in 7 1976 due to lack of demand for the product. It was composed of 8 asphalt, organic fiber, and 58% asbestos fiber (type and grade 9 unknown). It was designed for use as plys for built-up roofs and 10 flashing, and packaged with a kraft paper wrapper, was not color 11 coded, and contained no logo or markings except for laying lines 12 of aluminum paint. The CertainTeed name appeared on the wrap. 13 It was a black roll good which was applied with hot asphalt, and 14 any atmospheric temperature was recommended. 15 13. Asbestos Base Sheet - First placed on the 16 market in 1968. Withdrawn from the market in 1976 due to lack of 17 demand for the product. It was composed of asphalt, organic 18 fiber, glass fiber, pulverized limestone, pulverized talc, and 19 20% asbestos fiber (type and grade unknown). It was designed for 20 use as the first ply in applying a built-up roof, and packaged 21 with a kraft paper wrapper, was not color coded, and contained no 22 logo or other marking except for laying lines of orange-red 23 paint. The CertainTeed name appeared on the wrap. It was a 24 black roll good which was nailed or applied with hot asphalt, and 25 any atmospheric temperature was recommended. 26 14. Asbestos Base Flashing - First placed on 27 the market in 1968. Withdrawn from the market in 1976 due to 28 lack of demand for the product. It was composed of asphalt.
1 organic fiber, pulverized limestone, pulverized talc, 19% 2 asbestos fiber (type and grade unknown), and either glass, hemp, 3 or jute fiber. It was designed for use as one ply in installing 4 flashing and packaged with a kraft paper wrapper, was not color 5 coded, and contained no logo or other markings. The CertainTeed 6 name appeared on the wrap. It was a black roll good which was 7 applied with hot asphalt., and any atmospheric temperature was 8 recommended. 9 15. Asbestos Cap Sheet (mineral surfaced) 10 First placed on the market in 1973. Withdrawn from the market in 11 1976 due to lack of demand for the product. It was composed of 12 asphalt, organic fiber, pulverized limestone, pulverized talc, 13 coarse crushed rock, and 13.8% asbestos fiber (type and grade 14 unknown). It was designed for use as the top ply on build-up 15 roofs and packaged with a kraft wrapper, was not color coded, and 16 contained no logo or other markings except for a laying line of 17 orange-red paint. The CertainTeed name appeared on the wrap. It 18 was a black roll good which was applied with hot asphalt and any 19 atmospheric temperature was recommended. 20 16. Asbestos-Cement.Siding Shingles - First 21 placed on the market in approximately 1950. Withdrawn from the 22 market in the mid-1960's due to economic considerations (poor 23 profit margins). Asbestos-cement siding shingles were flat slabs 24 which came in various colors (type, grade, and amount of asbestos 25 fiber unknown). They were designed for use on the exterior of 26 homes and were nailed to the exterior surface. They were 27 supplied in packages having a corrugated fiberboard band and 28 sides held in place by two wire ties. The CertainTeed name
1 appeared on the band, and any atmospheric temperature was
2 recommended.
3 17. Asbestos-Cement Pipe (may have carried
4 the brand name Fluid-Tite) - First placed on the market June 1,
5 1962. CertainTeed currently manufactures and sells asbestos-
6 cement pipe. The asbestos fiber is bound into the asbestos-
7 cement pipe by a combination of cement, silica, and water through
8 an autoclave (high pressure steam atmosphere) curing process, it
9 contains the following amounts of asbestos by weight:
10
Pressure Pipe
15 to 20%
11
Sewer Pipe
10 to 15%
12
Irrigation Pipe
11 to 20%
13 Of the total asbestos content of the asbestos-cement pipe,
14 anywhere from 0% to 24% has been crocidolite (blue) fiber by
15 weight, with the remaining fiber being chrysotile (white)
16 depending on the type of pipe. Asbestos-cement pipe is used for
17 the underground transmission of water and sewage. Ho packaging
18 has been used in connection with the product. The sewer pipe
19 contains black lettering, including the name "CertainTeed," the
20 pressure pipe contains either black or orange lettering,
21 including the name "CertainTeed," and the irrigation pipe has
22 black lettering including the name "CertainTeed." It was
23 installed in the form in which it is sold except to the extent
24 that it may require machining in order to meet a specific length.
25 The temperature limit is 200*F.
26 18. Glass Fiber Blanket Insulation Faced with
27 Asbestos Paper for Railroad Car Application - First placed on the
28 market by Gustin-Bacon Manufacturing Company in 1945. Withdrawn
1 from the market in 1947 because of poor moisture vapor 2 transmission and as a result of the determination that there was 3 no need for an incombustible facing. It was composed of nine4 micron glass fiber blanket and reinforced asbestos paper facing. 5 It was intended solely for use in insulating ceilings, vails, and 6 floors of railroad passenger cars, and was packaged in cardboard 7 or wrapped in heavy kraft paper. It was applied on railway cars 8 and placed against the ceiling, walls, and floors. No writing is 9 believed to have been on the product. The content of any writing 10 on the packaging is unknown and the recommended temperature range 11 in unknown. 12 19. Flexible Trainline - First placed on the 13 market by Gustin-Bacon Manufacturing Company in 1945. First 14 manufactured and sold by CertainTeed in 1966. Withdrawn from the 15 market in 1970 due to lack of demand for the product. It was 16 composed of nine-micron glass fiber blanket, resin bonded, and 17 adhered with adhesive to neoprene-coated asbestos cloth. It was 18 intended solely for use in insulating railroad passenger car 19 steam lines. It was packaged in cardboard or wrapped in heavy 20 kraft paper, and was installed by lacing the insulation onto the 21 passenger car steam lines with copper wire affixed to hooks which 22 were fastened to the insulation jacketing. No writing is 23 believed to have been on the product. The content of any writing 24 on the packaging is unknown and the recommended temperature limit 25 was 300*F. 26 h. CertainTeed was the manufacturer of the products 27 cited in subparts a. through g., except as follows: 28 -Asbestos Roof Coating - made from 1977 to 1982 by APOC;
1 -Blind Nailing Cement - made from 1977 to 1979 by APOC; 2 -Plastic Cement - made from 1977 to 1983 by APOC; 3 -Cold Process Asphalt - made from 1977 to 1983 by APOC; 4 -Wet Seal Plastic Cement - made from 1977 to 1983 by 5 APOC; 6 -Asphalt Fibered Emulsion made by Chevron Asphalt 7 Company from 1950's to 1983; 8 -Fibered Aluminum Roof Coating made by Chevron Asphalt 9 Company from 1951 to 1979; 10 -Asphalt Foundation Coating - made from 1977 to 1981 by 11 APOC; 12 -No. 15 Perforated Saturated Asbestos Felt, Asbestos 13 Base Sheet, Asbestos Base Flashing - made from 1968 to 1972 by 14 GAF; 15 -Flexible Trainline - made from 1945 to 1966 by Gustin16 Bacon Manufacturing Company; 17 -Glass fiber blanket insulation jacketed with asbestos 18 paper for railroad car application - made from 1945 to 1947 by 19 Gustin-Bacon Manufacturing Company; and 20 -Asbestos-Cement Siding Shingles - manufacturer unknown. 21 In addition, defendant may have purchased extremely 22 small quantities of asbestos-cement pipe from Johns-Manville and 23 Flintkote on isolated occasions, but defendant has no record in 24 that regard. 25 i. The asbestos fibers used in roof coatings and 26 cements were supplied by Johns-Manville until the mid-1960's and 27 by Carey-Canadian Mines from the mid-1960's through 1977. 28 Unknown as to roll roofing products, asbestos-cement siding
1 shingles, Flexible Trainline, and glass fiber blanket insulation
2 faced with asbestos paper for railroad car application.
3 The following companies have been sources of asbestos
4 fiber which has been incorporated into the asbestos-cement pipe
5 manufactured by CertainTeed in California:
6 Cassiar Resources Griqueland
7 Cape Asbestos General Mining
8 Russian Fiber Asbestos Corp.
9 Johns-Manville Jefferson Lake
10 Pacific Asbestos Calaveras Asbestos
11 Bell Asbestos Mines Turner Asbestos Fiber Ltd.
12
13 j. Fibers used in roof coatings and cements: Jack Fly
14 (retired from CertainTeed).
15 Fibers used in asbestos-cement pipe: Charles Striegel
16 (retired from CertainTeed).
17 INTERROGATORY. NQ,_ J>1
18 Has THIS DEFENDANT engaged in the MARKETing of chrysotile asbestos fiber; of so, please state:
19 a. the name and location of each chrysotile asbestos mine which THIS DEFENDANT presently operates, has operated, or in
20 which THIS DEFENDANT has or had an ownership interest, including the dates of such ownership, and the grade of chrysotile asbestos
21 fiber mined; b. the date(s) THIS DEFENDANT first MARKETed
22 chrysotile asbestos fiber; c. the date(s) THIS DEFENDANT ceased MARKETing
23 chrysotile asbestos fiber; d. the grade(s) of such chrysotile asbestos fiber
24 MARKETed by THIS DEFENDANT; e. the recommended use(s) of each grade of such
25 chrysotile asbestos fiber, including temperature limits; f. the name(s) and address(es) of the supplier(s) of
26 chrysotile asbestos fiber to THIS DEFENDANT.
27 / /
28 / /
1 RESPONSE TO INTERROGATORY NO, 9;
2 Subject to the aforementioned general objections,
3 defendant responds as follows: No.
4 INTERROGATORY N0._lQi
5 Has THIS DEFENDANT engaged in the MARKETing of ASBESTOSCONTAINING PRODUCTS comprised in whole or in part of crocidolite
6 asbestos fiber; if so, please state: a. the trade, brand name and/or generic name of each
7 type of product; b. the date(s) THIS DEFENDANT first MARKETed each type
8 of product; c. the date(s) THIS DEFENDANT ceased MARKETing each
9 type of product; d. a general description of the chemical composition
10 of each type of product, including: (i) the type(s) and grade(s) of asbestos fiber
11 contained in each type of product; (ii) the quantitative percentage of the types of
12 fiber in each type of product; (iii) any change(s) in the quantitative percentages
13 of the type(s) of asbestos fiber in each type of product; e. the NATURE of each type of product;
14 f. a description of any wording, markings, and/or logo on each type of product;
15 g. the recommended use(s) of each type of product, including temperature limits;
16 h. the name of the manufacturer of each type of product;
17 i. the name(s) and address(es) of the supplier(s) of the crocidolite asbestos fiber used in each type of product?
18 j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of crocidolite asbestos fiber by THIS
19 DEFENDANT.
20 RESPONSE TO INTERROGATORY NO. 10:
21 Subject to the aforementioned general objections,
22 defendant responds as follows:
23 a - h:
24 Asbestos-Cement Pipe (may have carried the brand name
25 Fluid-Tite) - First placed on the market June 1, 1962.
26 CertainTeed currently manufactures and sells asbestos-cement
27 pipe. The asbestos fiber is bound into the asbestos-cement pipe
28 by a combination of cement, silica, and water through an
1 autoclave (high pressure steam atmosphere) curing process. It
2 contains the following amounts of asbestos by weight:
3
Pressure Pip's
15 to 20%
4
Sever Pipe
10 to 15%
5
Irrigation Pipe
11 to 20%
6 Of the total asbestos content of the asbestos-cement pipe,
7 anywhere from 0% to 24% has been crocidolite (blue) fiber by
8 weight, with the remaining fiber being chrysotile (white)
9 depending on the type of pipe. Asbestos-cement pipe is used for
10 the underground transmission of water and sewage. No packaging
11 has been used in connection with the product. The sewer pipe
12 contains black lettering, including the name "CertainTeed," the
13 pressure pipe contains either black or orange lettering,
14 including the name "CertainTeed," and the irrigation pipe has
15 black lettering including the name "CertainTeed." It was
16 installed in the form in which it is sold except to the extent
17 that it may require machining in order to meet a specific length.
18 The temperature limit is 200*F.
19 i. Grigueland, Cape Asbestos, General Mining, and
20 Turner Asbestos Fibre Ltd.
21 j. Charles Striegel (retired from CertainTeed).
22 INTERROGATORY NO. 11:
23 Has THIS DEFENDANT engaged in the MARKETing of crocidolite asbestos fiber; of so, please state:
24 a. the name and location of each crocidolite asbestos mine which THIS DEFENDANT presently operates, has operated, in
25 the, and/or in which THIS DEFENDANT has or had an ownership interest, including the dates of such ownership, and the grade of
26 asbestos fiber mined; b. the date(s) THIS DEFENDANT first MARKETed
27 crocidolite asbestos fiber; c. the date(s) THIS DEFENDANT ceased MARKETing
28 crocidolite asbestos fiber; d. the grade(s) of such crocidolite asbestos fiber
MARKETed by THIS DEFENDANT;
1 e. the recommended use(s) of each grade of such crocidolite asbestos fiber, including temperature limits;
2 f. the name(s) and address(es) of the supplier(s) of crocidolite asbestos fiber to THIS DEFENDANT.
3 RESPONSE TO INTERROGATORY NO. 11;
4 Subject to the aforementioned general objections,
5 defendant responds as follows: No.
6 INTERROGATORY NO, 12::
7 Does or did THIS DEFENDANT have a controlling ownership
8 interest in any COMPANY which MARKETed ASBESTOS-CONTAINING PRODUCT(S); if so, please state:
9 a. the name of such COMPANY; b. the date of incorporation of such COMPANY;
10 c. the state of incorporation of such COMPANY; d. the date such interest was acquired;
11 e. the date such interest was changed or terminated, if applicable;
12 f. the name and location of each facility of such COMPANY;
13 g. the name of each type of ASBESTOS-CONTAINING PRODUCT(S) manufactured, processed, and/or assembled by such
14 COMPANY.
15 RESPONSE TO INTERROGATORY NO. 12:
16 Subject to the aforementioned general objections, on
17 June 1, 1962, defendant purchased from Keasbey & Mattison Company
18 (pursuant to an Agreement between Keasbey & Mattison Company and
19 Certain-teed Products Corporation, dated April 1, 1962) its four
20 asbestos-cement pipe plants and all of its machinery, fixtures,
21 tools and supplies which related to and had been used by Keasbey
22 & Mattison exclusively in the making of asbestos-cement pipe.
23 Defendant'6 purchase of Keasbey t Mattison's assets was limited
24 to the four aforementioned asbestos-cement pipe plants and
25 related machinery, etc.
26 Defendant did not purchase any Keasbey & Mattison assets
27 which had been used to manufacture insulation, textile or roofing
28 materials. At the time of the purchase of the Keasbey & Mattison
1 asbestos-cement pipe assets, there was no general assumption of 2 liability by defendant nor did defendant specifically assume 3 liability for claims growing out of the sale of any Keasbey & 4 Mattison products manufactured prior to the date of purchase by 5 defendant of Keasbey & Mattison*s asbestos-cement pipe assets. 6 The asbestos-cement pipe made by defendant was and is used solely 7 for the underground transmission of water and sewage, was not and 8 is not used in conjunction with insulation material, and is 9 typically installed by pipeline contractors. 10 On July 1, 1966, defendant, through merger, acquired the 11 Gustin-Bacon Manufacturing Company (pursuant to an Agreement and 12 Articles of Merger between Certain-teed Products Corporation and 13 Gustin-Bacon Manufacturing Company, dated April 19, 1966). At 14 the time Gustin-Bacon Manufacturing Company merged into 15 defendant, all the ordinary liabilities of the former entity were 16 assumed by defendant. The only asbestos-bearing products with 17 which Gustin-Bacon ever had any nexus were two specialty 18 insulation products sold exclusively to railroad companies. One 19 of these products, Flexible Trainline, which was made of fiber 20 glass which had an asbestos cloth facing, was used to insulate 21 steam lines on railway passenger cars, and the other, which had 22 no trade name, was a glass fiber blanket faced with asbestos 23 paper (referred to herein as *'glass fiber blanket insulation 24 faced with asbestos paper") which was used to insulate the walls, 25 floors, and ceilings of railway passenger cars. Other than the 26 two aforesaid specialty insulation products, defendant has never 27 made or sold any asbestos-bearing insulation products whatsoever. 28
1 The incorporation dates of Keasbey & Mattison and the
2 Gustin-Bacon Manufacturing Company are unknown. Gustin-Bacon
3 Manufacturing Company was incorporated in Delaware. The state of
4 incorporation of Xeasbey & Mattison is unknown. The asbestos-
5 cement pipe plants acquired from Keasbey 8 Mattison were located
6 in Ambler, Pennsylvania; St. Louis, Missouri; Hillsboro, Texas;
7 and Santa Clara, California. The plant acquired from Gustin-
8 Bacon at which specialty railroad insulation products were made
9 was located in Kansas City, Kansas.
10 Notwithstanding the information furnished in response to
11 this interrogatory concerning Keasbey fc Mattison and the Gustin-
12 Bacon Manufacturing Company, defendant never had a controlling
13 ownership interest in either company or any other company which
14 marketed asbestos-containing products.
15 INTERROGATORY NO. 13;
16 Does or did THIS DEFENDANT have a controlling ownership
in any COMPANY that MARKETed RAW ASBESTOS FIBER; if so, please
17 state:
a. the name of such COMPANY;
18 b. the date of incorporation or charter of such
COMPANY;
19 c. the state or country of incorporation of such
COMPANY;
20 d. the date such interest was acquired; e. the dates such interest changed or terminated, if
21 applicable; f.
the name and location of each asbestos mine owned
22 by such COMPANY; g. the grade and type of RAW ASBESTOS FIBER mined at
23 each mine.
24 RESPONSE TO INTERROGATORY NO._13l
25 Subject to the aforementioned general objections,
26 defendant responds as follows: No.
27 INTERROGATORY NO. 14:
28 Has THIS DEFENDANT warehoused any RAW ASBESTOS FIBER or ASBESTOS-CONTAINING PRODUCT(S) in the State of California; if so
please 6tate:
1 a. the address of each warehouse facility; b. the year(s) THIS DEFENDANT utilized each facility;
2 c. records.
the IDENTITY of the custodian of warehousing
3 RESPONSE TO INTERROGATORY NO. 14:
4 Subject to the aforementioned general objections,
5 defendant responds as follows: No.
6 INTERROGATORY NO. 15:
7 Has THIS DEFENDANT owned or operated facilities anywhere
8 in the United States in which ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed and/or assembled; if so, state:
9 a. the address of each such facility, including city and state.
10 RESPONSE TO INTERROGATORY NO..15:
11 Asbestos-cement pipe:
12 Ambler, PA
13 St. Louis, MO
14 Hillsboro, TX
15 Santa Clara, CA
16 Riverside, CA
17 Specialty Insulation Products for Railrpad_lndustrvi
18 Kansas City, KS
19 CertainTeed roofing plants:
20 Avery, OH
21 Chicago Heights, IL
22 Dallas, TX
23 East St. Louis, IL
24 Kansas City, MO
25 Marseilles, IL
26 Minneapolis, MN
27 Niagara Falls, NY
28 Oxford, NC
1 Richmond, CA
2 Savannah, GA
3 Shakopee, KN
4 Tacoma, WA
5 York, PA
6 INTERROGATORY NO. 16;
7 If THIS DEFENDANT owned or operated facilities in which ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed
8 and/or assembled, please state: a. the date said facilities began operation;
9 b. the date said facility ceased operation; and c. the name of each type of ASBESTOS-CONTAINING
10 PRODUCT manufactured, processed or assembled at each such facility.
11
12 RESPONSE TO INTERROGATORY NO. 16:
13 (The dates in parentheses represent date facility began
14 operation and date it ceased operation.)
15 Asbestos-cement pipe:
16 Ambler, PA (1938 - 1982)
17 St. Louis, MO (1938 - 1979)
18 Hillsboro, TX (1961 - 1987)
19 Santa Clara, CA (1953 - 1982)
20 Riverside, CA (1965 - present)
21 Specialty Insulation Products for Railroad Industry;
22 Kansas City, KS (1943 - present)
23 CertainTeed roofing .Plants!
24 Avery, OH (1972 - present)
25 Chicago Heights, IL (1931 - 1984)
26 Dallas, TX (1946 - 1984)
27 East St. Louis, IL (1901 - 1969)
28 Kansas City, MO (1901 - 1981)
1 Marseilles, IL (unknown - 1955)
2 Minneapolis, MN (1934 - 1973)
3 Niagara Falls, NY (unknown - 1957)
4 Oxford, NC (1979 - present)
5 Richmond, CA (1915 - 1984)
6 Savannah, GA (1930 - 1987)
7 Shakopee, MN (1974 - present)
8 Tacoma, WA (1955 - 1984)
9 York, PA (1916 - 1981)
10 INTERROGATORY NO. 17;
11 Has THIS DEFENDANT purchased or otherwise acquired any rights to the manufacture of ASBESTOS-CONTAINING PRODUCT(S) from
12 another COMPANY? If so, state: a. the date of purchase of acquisition of such rights;
13 b. the trade, brand, and/or generic name of such ASBESTOS-CONTAINING PRODUCT(S);
14 c. the name and location of any COMPANY from which such rights were purchased or acquired;
15 d. the IDENTITY of the custodian of records of such purchase(s) or acquisition(s).
16
17 RESPONSE TO INTERROGATORY NO. 17:
18 a. - c. Subject to the aforementioned general
19 objections, on June 1, 1962, defendant purchased from Keasbey &
20 Mattison Company (pursuant to an Agreement between Keasbey &
21 Mattison Company and Certain-teed Products Corporation, dated
22 April l, 1962) its four asbestos-cement pipe plants and all of
23 its machinery, fixtures, tools and supplies which related to and
24 had been used by Keasbey & Mattison exclusively in the making of
25 asbestos-cement pipe. Defendant's purchase of Keasbey &
26 Mattison's assets was limited to the four aforementioned
27 asbestos-cement pipe plants and related machinery, etc.
28
1 Defendant did not purchase any Keasbey & Mattison assets 2 which had been used to manufacture insulation, textile or roofing 3 materials. At the time of the purchase of the Keasbey & Mattison 4 asbestos-cement pipe assets, there was no general assumption of 5 liability by defendant nor did defendant specifically assume 6 liability for claims growing out of the sale of any Keasbey & 7 Mattison products manufactured prior to the date of purchase by 8 defendant of Keasbey & Mattison*s asbestos-cement pipe assets. 9 The asbestos-cement pipe made by defendant was and is used solely 10 for the underground transmission of water and sewage, was not and 11 is not used in conjunction with insulation material, and is 12 typically installed by pipeline contractors. 13 On July 1, 1966, defendant, through merger, acquired the 14 Gustin-Bacon Manufacturing Company (pursuant to an Agreement and 15 Articles of Merger between Certain-teed Products Corporation and 16 Gustin-Bacon Manufacturing Company, dated April 19, 1966). At 17 the time Gustin-Bacon Manufacturing Company merged into 18 defendant, all the ordinary liabilities of the former entity were 19 assumed by defendant. The only asbestos-bearing products with 20 which Gustin-Bacon ever had any nexus were two specialty 21 insulation products sold exclusively to railroad companies. One 22 of these products, Flexible Trainline, which was made of fiber 23 glass which had an asbestos cloth facing, was used to insulate 24 steam lines on railway passenger cars, and the other, which had 25 no trade name, was a glass fiber blanket faced with asbestos 26 paper (referred to herein as "glass fiber blanket insulation 27 faced with asbestos paper") which was used to insulate the walls, 28 floors, and ceilings of railway passenger cars. Other than the
1 two aforesaid specialty insulation products, defendant has never
2 made or sold any asbestos-bearing insulation products
3 whatsoever.
4 d. Curtis M. Pontz, Assistant Secretary and Senior
5 Counsel, CertainTeed Corporation, 750 . Swedesford Road, Valley
6 Forge, PA 19482.
7 INTERROGATORY NO. 18:
8 Has THIS DEFENDANT applied for and/or received any patent(s) for any ASBESTOS-CONTAINING PRODUCT(S)? If so, state
9 for each such ASBESTOS-CONTAINING PRODUCT: a. the product for which each patent was applied
10 and/or issued; b. the date(s) of application;
11 c. the date(s) of issuance of the patent(s), if granted;
12 d. the date(s) of renewal, if any;
13 e. the patent number(s); f. the name of the individual or COMPANY to whom each
14 patent was issued; g. the IDENTITY of the custodian of patent records of
15 THIS DEFENDANT.
16 RESPONSE TO INTERROGATORY NO. 18:
17 Subject to the aforementioned general objections,
18 defendant responds as follows:
19 a. asbestos-cement pipe
20 b. January 29, 1960
21 c. February 4, 1964
22 d. None
23 e. 3,120,465
24 f. Certain-teed Products Corporation
25 g. Gilda Saporta, Director of Patents and Trademarks,
26 CertainTeed Corporation, 750 E. Swedesford Road, Valley Forge,
27 PA 19482.
28
1 INTERROGATORY NO. 19:
2 Has THIS DEFENDANT registered any trademark(s) for any ASBESTOS-CONTAINING PRODUCT(S); if so, state for each such
3 ASBESTOS-CONTAINING PRODUCT; a. the product for which each trademark was
4 registered; b. whether the registration was State or Federal;
5 (i) if State, name the State; c. the date(s) of registration;
6 d. the term(s) thereof; e. the date(s) of renewal;
7 f. the name of the individual or COMPANY to whom each trademark was registered;
8 g. the IDENTITY of the custodian of such trademark records of THIS DEFENDANT.
9
10 RESPONSE TO INTERROGATORY. NO., 191.
11 Subject to the aforementioned general objections,
12 defendant responds as follows: No.
13 INTERROGATORY NO. 20;
14 Did THIS DEFENDANT contract with the General Services
Administration and/or other federal-government agency for the
15 sale, anywhere in the United States, of RAW ASBESTOS FIBER
between 1930 and 1980; if so, state for each such sale:
16 a. the grade(s) and type(s) of RAW ASBESTOSFIBER;
b. the quantity;
17 c. the date(s) of delivery;
d. the location(s), including theaddress(es)
of
18 delivery.
e. the name(s) of the agency with which THIS DEFENDANT
19 contracted;
f. the date(s) of execution of such contract(s);
20 g. the IDENTITY of the custodian of such contract
records of THIS DEFENDANT.
21
RESPONSE TO INTERROGATORY NO. 20:
22
Subject to the aforementioned general objections,
23
defendant responds as follows: No.
24
INTERROGATORY NO. 21:
25 Did THIS DEFENDANT contract with the General Services
26 Administration and/or other federal-government agency for the sale, anywhere in the United States, of ASBESTOS-CONTAINING
27 PRODUCT(S) between 1930 and 1980; please state for each such
sale:
28 a. the type of product;
b. the quantity;
c. the date(s) of delivery;
1 d. the location(s), including address(es) of delivery; e. the name(s) of the agency with which THIS DEFENDANT
2 contracted; f. the date(s) of execution of such contract(s);
3 g. the IDENTITY of the custodian of such contract records of THIS DEFENDANT.
4
5 RESPONSE TO INTERROGATORY NO. 21:
6 Subject to the aforementioned general objections,
7 defendant responds as follows: No.
8 INTERRQgftTORY- K0-.-22;
9 Does THIS DEFENDANT have any records of the MARKETing, advertisement, or delivery of its RAW ASBESTOS FIBER and/or
10 ASBESTOS-CONTAINING PRODUCT(S) in or to NORTHERN CALIFORNIA? If so, state:
11 a. the manner in which the records are kept, (e.g., in boxes, files, on microfilm, microfiche or computer tape or disk);
12 b. the location(s) and address(es) where such records are maintained;
13 c. the IDENTITY of the custodian of such records.
14 RESPONSE TO INTERROGATORY NO. 22:
15 Objection: In addition to the aforementioned general
16 objections, this interrogatory is oppressive, overly broad, and
17 burdensome, and all out of proportion to any possible discovery
18 value. Furthermore, this interrogatory is not applicable with
19 respect to raw fiber. Notwithstanding said objections and
20 without waiving same, with regard to CertainTeed asbestos-
21 containing products, defendant responds as follows:
22 a. It is not believed that any advertisements were
23 prepared for railroad products or roofing products or asbestos-
24 cement siding shingles. With respect to asbestos-cement pipe, it
25 was advertised, but defendant is unable to further respond
26 because it maintains no log or registry on the subject.
With
27 respect to sales, defendant's roofing products were sold through
28 building material distributors and/or lumber yards. The
1 identities of any such entities would be contained in the
2 pertinent sales records.
3 Defendant has no sales records relating to roofing
4 products prior to 1973. Since 1978, defendant's roofing sales
5 records have been maintained on computer. If required, computer
6 printouts of the California sales, if any, of asbestos-bearing
7 roofing products will be made available at the lav offices of
8 defendant's counsel for proper counsel's review and/or copying.
9 Invoices for all roofing sales for the years 1973-1975 are stored
10 in cartons by invoice number, by month, at defendant's facility
11 in Blue Bell, Pennsylvania. Invoices for all roofing sales for
12 the years 1976 and 1977 are on microfilm by invoice number, by
13 month, at defendant's facility in Blue Bell, Pennsylvania. Thus,
14 each invoice would have to be reviewed in order to determine
15 which invoices would be responsive to this request. Such a
16 review would be unduly burdensome and oppressive to conduct. If
17 required, defendant will make these documents available at its
18 facility in Blue Bell, Pennsylvania for review and copying by
19 proper counsel at a mutually convenient time with all costs
20 attendant to this inspection and copying to be assumed by the
21 party conducting such inspection.
22 Defendant has no 6ales records for asbestos-cement pipe
23 for the period 1962 to 1966. For the period 1967 to 1979,
24 defendant has invoices for sales for June, 1967, October through
25 December 1968, and 1969 through 1979, inclusive. The approximate
26 numbers of such invoices are as follows:
27
6/67, 10-12/68
2,500
1969
14,950
28
1970
13,900
1971
16,250
1972
15,050
1
1973
16,364
1974
23,000
2
1975
25,000
1976
25,000
3
1977
28,000
1978
30,800
4
1979
33,300
5
These invoices have been maintained on microfilm and are
6
filed only by invoice number, plant, and year. Thus defendant
7
would have to review each and every invoice in order to provide
8 the specific information spught by this request. Such a review
9 would be highly burdensome and oppressive. If required,
10 defendant will make available said invoices, which are maintained
11 at the headquarters of CertainTeed's Pipe Group in Valley Forge,
12 Pennsylvania, for review and copying by proper counsel at a
13
mutually convenient time, with all costs attendant to this
14
inspection and any copying to be assumed by the party conducting
15
such inspection.
16
For the period 1980 to present, defendant's sales
17
records for asbestos-cement pipe are contained in computer
18 printouts. At plaintiff's request, defendant's counsel will make
19
said printouts available to proper counsel for review and/or
20
copying at a mutually convenient time, with all costs attendant
21 to any such inspection and any copying to be assumed by the party
22
conducting such inspection.
23 With respect to asbestos-cement siding shingles, there
24
are no sales records for this product.
25 With respect to Flexible Trainline and glass fiber
26
blanket faced with asbestos paper, there are no sales records for
27 these products. They were sold directly to railroad companies,
28 b.
The precise address of the location at which the records
1 reside is: (i) CertainTeed Pipe & Plastics Group,
2 CertainTeed Corporation, 750 E. Swedesford Road, Valley Forge,
3 PA 19482; and (ii) Levecque Technical Center, 1400 Union Meeting
4 Road, Blue Bell, Pennsylvania.
5 c. Custodian of Roofing Records is: Harry Owens,
6 Shelter Materials Group, CertainTeed Corporation, 750 E.
7 Swedesford Road, Valley Forge, PA 19482; and,
8 Custodian of Pipe Records is: Sue Thompson,
9 Pipe & Plastics Group, CertainTeed Corporation, 750 E. Swedesford
10 Road, Valley Forge, PA 19482.
11 INTERROGATORY
12 If THIS DEFENDANT has in its possession any records of the MARKETing, advertisement, or delivery of its RAW ASBESTOS
13 FIBER and/or ASBESTOS-CONTAINING PRODUCTS (including microfilm, microfiche, computer or tape disk, or any other system in which
14 data is taken from other records), state whether THIS DEFENDANT has retained the original DOCUMENTS from which the data entered
15 into these modes of storage was obtained. If THIS DEFENDANT has not retained such original DOCUMENTS, state:
16 a. the date(s) when and location(s) where the original DOCUMENTS were disposed of;
17 b. the IDENTITY of the custodian of the original DOCUMENTS at the time of their disposal;
18
19 RESPONSE TO INTERROGATORY NO. 23:
20 Objection: In addition to the aforementioned general
21 objections, this interrogatory is oppressive, overly broad, and
22 burdensome, and all out of proportion to any possible discovery
23 value. Furthermore, this interrogatory is not applicable with
24 respect to raw fiber. Notwithstanding said objections and
25 without waiving same, with regard to defendant's asbestos-
26 containing products, it is not believed that any advertisements
27 were prepared for railroad products or roofing products or
28 asbestos-cement siding shingles. With respect to asbestos-cement
1 pipe, it was advertised, but defendant is unable to further 2 respond because it maintains no log or registry on the subject. 3 With respect to sales, defendant's roofing products were 4 sold through building material distributors and/or lumber yards. 5 The identities of any such entities would be contained in the 6 pertinent sales records. 7 Defendant has no sales records relating to roofing 8 products prior to 1973. Since 1978, defendant's roofing sales 9 records have been maintained on computer. If required, computer 10 printouts of the California sales, if any, of asbestos-bearing 11 roofing products will be made available at the law offices of 12 defendant's counsel for proper counsel's review and/or copying. 13 Invoices for all roofing sales for the years 1973-1975 are stored 14 in cartons by invoice number, by month, at defendant's facility 15 in Blue Bell, Pennsylvania. Invoices for all roofing sales for 16 the years 1976 and 1977 are on microfilm by invoice number, by 17 month, at defendant's facility in Blue Bell, Pennsylvania. Thus, 18 each invoice would have to be reviewed in order to determine 19 which invoices would be responsive to this request. Such a 20 review would be unduly burdensome and oppressive to conduct. If 21 required, defendant will make these documents available at its 22 facility in Blue Bell, Pennsylvania for review and copying by 23 proper counsel at a mutually convenient time with all costs 24 attendant to this inspection and copying to be assumed by the 25 party conducting such inspection. 26 Defendant has no sales records for asbestos-cement pipe 27 for the period 1962 to 1966. For the period 1967 to 1979, 28 defendant has invoices for sales for June, 1967, October through
1 December 1968, and 1969 through 1979, inclusive. The approximate
2 numbers of such invoices are as follows:
3
6/67, 10-12/68
2,500
4
1969
14,950
1970
13,900
5
1971
16,250
1972
15,050
6
1973
16,364
1974
23,000
7
1975
25,000
1976
25,000
8
1977
28,000
1978
30,800
9
1979
33,300
10 These invoices have been maintained on microfilm and are
11 filed only by invoice number, plant, and year. Thus defendant
12 would have to review each and every invoice in order to provide
13 the specific information sought by this request. Such a review
14 would be highly burdensome and oppressive. If required,
15 defendant will make available said invoices, which are maintained
16 at the headquarters of CertainTeed's Pipe Group in Valley Forge,
17 Pennsylvania, for review and copying by proper counsel at a
18 mutually convenient time, with all costs attendant to this
19 inspection and any copying to be assumed by the party conducting
20 such inspection.
21 For the period 1980 to present, defendant's sales
22 records for asbestos-cement pipe are contained in computer
23 printouts. At plaintiff's request, defendant's counsel will make
24 said printouts available to proper counsel for review and/or
25 copying at a mutually convenient time, with all costs attendant
26 to any such inspection and any copying to be assumed by the party
27 conducting such inspection.
28 With respect to asbestos-cement siding shingles, there
1 are no sales records for this product. 2 With respect to Flexible Trainline and glass fiber
3 blanket faced with asbestos paper, there are no sales records for
4 these products. They were sold directly to railroad companies.
5 To the extent that CertainTeed has not retained original 6 documents of the sort which originally contained the information
7 requested in Interrogatory No. 22, defendant does not know when
8 or where the originals were disposed of or their custodian at the
9 time of disposal. 10 INTERROGATORY NO. 24:
11 Does THIS DEFENDANT have in its possession any exemplar(s) of advertisements or brochures describing its RAW
12 ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCTS; if so, please state:
13 a. the location of each exemplar; b. the year(s) in which said exemplar(s) was utilized;
14 c. the IDENTITY of the custodian of such exemplars.
15 RESPONSE TO INTERROGATORY NO. 24; 16 Subject to the aforementioned general objections, the
17 promotional literature of which defendant has possession
18 pertaining to asbestos-cement pipe is listed on Exhibit "A"
19 attached hereto. 20 Defendant has no such documents pertaining to asbestos-
21 cement siding shingles or glass fiber blanket faced with asbestos
22 paper sold to the railroad industry. 23 Defendant has the following such documents pertaining to 24 roof coatings and cements: "CertainTeed Protective Products -- 25 cement* and coatings" (dated January, 1972); and "CertainTeed 26 Protective Products -- cements and coatings" (dated August,
27 1975).
28
1 The only such document in defendant's possession 2 regarding Flexible Trainline is a copy of a two-page brochure 3 which was published between 1966 and 1970. 4 With respect to advertisements, defendant objects in 5 addition to the aforementioned general objections in that this 6 interrogatory is not applicable with respect to raw fiber. 7 Notwithstanding said objections and without waiving same, with 8 regard to CertainTeed asbestos-containing products, it is not 9 believed that any advertisements were prepared for railroad 10 products or roofing products or asbestos-cement siding shingles. 11 With respect to asbestos-cement pipe, it was advertised, but 12 defendant is unable to further respond because it maintains no 13 log or registry on the subject. 14 The custodian of any materials in defendant's possession 15 is Curtis M. Pontz, Assistant Secretary and Senior Counsel, 16 CertainTeed Corporation, 750 E. Swedesford Road, Valley Forge, 17 PA 19482. 18 CertainTeed has no log or registry which would enable it 19 to determine the years in which any such materials were utilized.
20 INTERROGATORY NO. 25J 21 State the following:
a. the address(es) where the corporate records of THIS 22 DEFENDANT (including minutes from the Board of Directors meetings
and corporation annual reports), are currently located; 23 b. the IDENTITY of the custodian of such records. 24 RESPONSE TO INTERROGATORY NO. 25; 25 a. 750 E. Swedesford Road, Valley Forge, PA 19482 26 b. Thomas A. Decker, Vice President, General Counsel 27 and Secretary, CertainTeed Corporation. 28 INTERROGATORY NO. 26:
Describe the packaging or containers in which THIS
1 DEFENDANT sold and/or distributed RAW ASBESTOS FIBER, including composition, dimension, shape and color.
2 RESPONSE TO INTERROGATORY NO. 26;
3 Subject to the aforementioned general objections,
4 defendant did not sell and/or distribute raw asbestos fiber.
5 INTERROGATORY NO._27i
6 Describe any logo, design, marking or printing,
7 including size and color, which appeared on the packaging or containers in which THIS DEFENDANT sold and/or distributed RAW
8 ASBESTOS FIBER.
9 RESPONSE TO INTERROGATORY NO_22l_
10 Subject to the aforementioned general objections,
11 defendant did not sell and/or distribute raw asbestos fiber.
12 INTERR9SAT.QRY-K.ai-.a8-L
13 Describe the packaging or containers in which THIS DEFENDANT sold and/or distributed ASBESTOS-CONTAINING PRODUCT(S),
14 including composition, dimension, shape and color.
15 RESPONSE TO INTERROGATORY NO. 28:
16 1. Asbestos Roof Coating - First placed on the market
17 prior to 1930. Withdrawn from the market in 1982 due to economic
18 considerations (poor profit margins). It was composed of
19 asphalt, mineral spirits and approximately 6.7% 7M chrysotile
20 asbestos fiber. It was designed for use as a coating for smooth
21 surface asphalt roofs, and was sold in one-gallon friction top
22 steel cans, five-gallon steel pails, and 30- and 55-gallon steel
23 drums. The CertainTeed name appeared on the container. It was a
24 viscous black liquid that could be spread with a brush or
25 sprayed, and any atmospheric temperature was recommended.
26 2. Blind Nailing Cement - First placed on the market
27 prior to 1930. Withdrawn from the market in 1979 due to economic
28 considerations (poor profit margins). It was composed of asphalt
1 mineral spirits and approximately 13% 7M chrysotile asbestos 2 fiber. It was designed for use in sealing the laps of roll 3 roofing applied with no exposed nails, and was sold in one-gallon 4 friction top steel cans, five-gallon steel pails, and 30- and 5 55-gallon steel drums. The CertainTeed name appeared on the 6 container. It was a viscous black liquid that could be applied 7 with a stiff brush or trowel, and any atmospheric temperature was 8 recommended. 9 3. Plastic Cement - First placed on the market prior 10 to 1930. Withdrawn from the market in 1983 due to economic 11 consideration (poor profit margins). It was composed of asphalt, 12 mineral spirits, pulverized limestone and approximately 18% 7K 13 chrysotile asbestos fiber and 18% 7M chrysotile asbestos fiber. 14 It was designed for flashing, caulking, heavy duty roof repairs, 15 and patching roof flashings, and was sold in one-pint, one-quart, 16 1/2-gallon, and one-gallon friction top steel cans, three- and 17 five-gallon steel pails, and 30- and 55-gallon steel drums. The 18 CertainTeed name appeared on the container. It was a black 19 mastic that could be applied with a trowel, and any atmospheric 20 temperature was recommended. 21 4. Sealing Cement - First placed on the market prior 22 to 1930. Withdrawn from the market in 1976 due to economic 23 considerations (poor profit margins). It was composed of 24 asphalt, mineral spirits, and approximately 29% 7M chrysotile 25 asbestos fiber. It was designed for sealing down asphalt 26 shingles and was sold in one-gallon friction top steel cans, 27 five-gallon steel pails, and 30- and 55-gallon steel drums. The 28 CertainTeed name appeared on the container. It was a black
1 mastic that could be applied with a trowel, and any atmospheric 2 temperature was recommended. 3 5. Cold Process Cement - First placed on the market in 4 approximately 1940. Withdrawn from the market in 1967 (replaced 5 by Cold Process Asphalt). It was composed of asphalt, mineral 6 spirits, and approximately 6.7% 7M chrysotile asbestos fiber. It 7 was designed for use in applying rolls of smooth roofing to 8 obtain a built-up roof and was sold in one-gallon friction top 9 steel cans, five-gallon steel pails, and 30- and 55-gallon steel 10 drums. The CertainTeed name appeared on the container. It was a 11 viscous black liquid that could be spread with a brush or 12 sprayed, and any atmospheric temperature was recommended. 13 6. Cold Process Asphalt - First placed on the market 14 in 1967. Withdrawn from the market in 1983 due to economic 15 considerations (poor profit margins). It was composed of 16 asphalt, mineral spirits, and approximately 6.7% 7M chrysotile 17 asbestos fiber. Cold process asphalt was the name given to "cold 18 process cement" subsequent to 1967. It was sold in one-gallon 19 friction top steel cans, five-gallon steel pails, and 30- and 20 55-gallon steel drums. The CertainTeed name appeared on the 21 container. It was a viscous black liquid that could be spread 22 with a brush or sprayed, and any atmospheric temperature was 23 recommended. 24 7. Stabilized Roof Coating - First placed on the 25 market in approximately 1940. Withdrawn from the market in 1967 26 due to economic considerations (poor profit margins). It was 27 composed of asphalt, mineral spirits, and approximately 6.7% 7M 28 chrysotile asbestos fiber. It was designed for coating cold
1 process smooth surface built-up asphalt roofs and was sold in 2 one-gallon friction top steel cans, five-gallon steel pails, and 3 30- and 55-gallon steel drums. The CertainTeed name appeared on 4 the container. It was a viscous black liquid that could be 5 spread with a brush or sprayed, and any atmospheric temperature 6 was recommended. 7 8. Wet Seal Plastic Cement - First placed on the 8 market in 1961. Withdrawn from the market in 1983 due to 9 economic considerations (poor profit margins). It was composed 10 of asphalt, mineral spirits, an amine wetting agent, pulverized 11 limestone and approximately 18% 7K chrysotile asbestos and 18% 7K 12 chrysotile asbestos. It was designed for use in providing 13 adhesion to wet or damp surfaces in making heavy duty repairs to 14 wet roofs and was sold in one-gallon friction top steel cans, 15 five-gallon steel pails, and 30- and 55-gallon steel drums. The 16 CertainTeed name appeared on the container It was a black mastic 17 that could be applied with a trowel, and any atmospheric 18 temperature was recommended. 19 9. Asphalt Fibered Emulsion - First placed on the 20 market some time during the 1950's. Withdrawn from the market in 21 1983 due to economic considerations (poor profit margins). It 22 was composed of asphalt, water, clay, electrolyte and an unknown 23 quantity of asbestos fiber. It was designed for coating smooth 24 surface asphalt roofs and was sold in one-gallon friction top 25 steel cans, five-gallon steel pails, and 30- and 55-gallon steel 26 drums. The CertainTeed name appeared on the container. It was a 27 viscous black liquid that could be spread with a brush or 28 sprayed, and any atmospheric temperature was recommended.
1 10. Flbered Aluminum Roof Coating - First placed on the 2 market in 1951. Withdrawn from the market in 1979 due to 3 economic considerations (poor profit margins). It was composed 4 of asphalt, mineral spirits, aluminum powder, and an unknown 5 quantity of asbestos fiber. It was designed for coating smooth 6 surface asphalt roofs and was sold in one-gallon friction top 7 steel cans, five-gallon steel pails, and 30- and 55-gallon steel 8 drums. The CertainTeed name appeared on the container. It was a 9 viscous aluminum colored liquid that could be spread with a brush 10 or roller, and any atmospheric temperature was recommended. 11 11. Asphalt Foundation Coating - First placed on the 12 market in approximately 1940. Withdrawn from the market in 1981 13 due to economic considerations (poor profit margins). It was 14 composed of asphalt, mineral spirits, and approximately 6.7% 7M 15 chrysotile asbestos fiber. It was designed for coating the 16 exterior of foundations before backfilling, and was sold in one17 gallon friction top steel cans, five-gallon steel pails, and 18 30- and 55-gallon steel drums. The CertainTeed name appeared on 19 the container. It was a viscous black liquid that could be 20 spread with a brush or sprayed, and any atmospheric temperature 21 was recommended. 22 12. No. 15 Perforated Saturated Asbestos Felt First 23 placed on the market in 1968. Withdrawn from the market in 1976 24 due to lack of demand for the product. It was composed of 25 asphalt, organic fiber, and 58% asbestos fiber (type and grade 26 unknown). It was designed for use as plys for built-up roofs and 27 flashing, and packaged with a kraft paper wrapper, was not color 28 coded, and contained no logo or markings except for laying lines
1 of aluminum paint. The CertainTeed name appeared on the wrap. 2 It was a black roll good which was applied with hot asphalt, and 3 any atmospheric temperature was recommended. 4 13. Asbestos Base Sheet - First placed on the market in 5 1968. Withdrawn from the market in 1976 due to lack of demand 6 for the product. It was composed of asphalt, organic fiber, 7 glass fiber, pulverized limestone, pulverized talc, and 20% 8 asbestos fiber (type and grade unknown). It was designed for use 9 as the first ply in applying a built-up roof, and packaged with a 10 kraft paper wrapper, was not color coded, and contained no logo 11 or other marking except for laying lines of orange-red paint. 12 The CertainTeed name appeared on the wrap. It was a black roll 13 good which was nailed or applied with hot asphalt, and any 14 atmospheric temperature was recommended. 15 14. Asbestos Base Flashing - First placed on the market 16 in 1968. Withdrawn from the market in 1976 due to lack of demand 17 for the product. It was composed of asphalt, organic fiber, 18 pulverized limestone, pulverized talc, 19% asbestos fiber (type 19 and grade unknown), and either glass, hemp, or jute fiber. It 20 was designed for use as one ply in installing flashing and 21 packaged with a kraft paper wrapper, was not color coded, and 22 contained no logo or other markings. The CertainTeed name 23 appeared on the wrap. It was a black roll good which was applied 24 with hot asphalt, and any atmospheric temperature was 25 recommended. 26 15. Asbestos cap Sheet (mineral surfacedl - First 27 placed on the market in 1973. Withdrawn from the market in 1976 28 due to lack of demand for the product. It was composed of
1 asphalt, organic fiber, pulverized limestone, pulverized talc,
2 coarse crushed rock, and 13.8% asbestos fiber (type and grade
3 unknown). It was designed for use as the top ply on build-up
4 roofs and packaged with a kraft wrapper, was not color coded, and
5 contained no logo or other markings except for a laying line of
6 orange-red paint. The CertainTeed name appeared on the wrap. It
7 was a black roll good which was applied with hot asphalt and any
8 atmospheric temperature was recommended.
9 16. Asbestos-Cement Siding Shingles - First placed on
10 the market in approximately 1950. Withdrawn from the market in
11 the mid-1960's due to economic considerations (poor profit
12 margins). Asbestos-cement siding shingles were flat slabs which
13 came in various colors (type, grade, and amount of asbestos fiber
14 unknown). They were designed for use on the exterior of homes
15 and were nailed to the exterior surface. They were supplied in
16 packages having a corrugated fiberboard band and sides held in
17 place by two wire ties. The CertainTeed name appeared on the
18 band, and any atmospheric temperature was recommended.
19 17. Asbestos-Cement Pipe (may have carried the brand
20 name Fluid-Tite) - First placed on the market June 1, 1962.
21 CertainTeed currently manufactures and sells asbestos-cement
22 pipe. The asbestos fiber is bound into the asbestos-cement pipe
23 by a combination of cement, silica, and water through an
24 autoclave (high pressure steam atmosphere) curing process. It
25 contains the following amounts of asbestos by weight:
26
Pressure Pipe
15 to 20%
27
Sewer Pipe
10 to 15%
28
Irrigation Pipe
11 to 20%
1 Of the total asbestos content of the asbestos-cement pipe, 2 anywhere from 0% to 24% has been crocidolite (blue) fiber by 3 weight, with the remaining fiber being chrysotile (white) 4 depending on the type of pipe. Asbestos-cement pipe is used for 5 the underground transmission of water and sewage. No packaging 6 has been used in connection with the product. The sewer pipe 7 contains black lettering, including the name "CertainTeed," the 8 pressure pipe contains either black or orange lettering, 9 including the name "CertainTeed," and the irrigation pipe has 10 black lettering including the name "CertainTeed." It was 11 installed in the form in which it is sold except to the extent 12 that it may require machining in order to meet a specific length. 13 The temperature limit is 200*F. 14 18. Glass Fiber Blanket Insulation Faced with Asbestos 15 Paper for Railroad Car Application - First placed on the market 16 by Gustin-Bacon Manufacturing Company in 1945. Withdrawn from 17 the market in 1947 because of poor moisture vapor transmission 18 and as a result of the determination that there was no need for 19 an incombustible facing. It was composed of nine-micron glass 20 fiber blanket and reinforced asbestos paper facing. It was 21 intended solely for use in insulating ceilings, walls, and floors 22 of railroad passenger cars, and was packaged in cardboard or 23 wrapped in heavy kraft paper. It was applied on railway cars and 24 placed against the ceiling, walls, and floors. No writing is 25 believed to have been on the product. The content of any writing 26 on the packaging is unknown and the recommended temperature range 27 in unknown. 28
1 19. Flexible Trainline - First placed on the market by 2 Gustin-Bacon Manufacturing Company in 1945. First manufactured 3 and sold by CertainTeed in 1966. Withdrawn from the market in 4 1970 due to lack of demand for the product. It was composed on 5 nine-micron glass fiber blanket, resin bonded, and adhered with 6 adhesive to neoprene-coated asbestos cloth. It was intended 7 solely for use in insulating railroad passenger car steam lines. 8 It was packaged in cardboard or wrapped in heavy kraft paper, and 9 was installed by lacing the insulation onto the passenger car 10 steam lines with copper wire affixed to hooks which were fastened 11 to the insulation jacketing. No writing is believed to have been 12 on the product. The content of any writing on the packaging is 13 unknown and the recommended temperature limit was 300*F. 14 INTERROGATORY NO. 29: 15 Describe any logo, design, marking or printing,
including size and color, which appeared on the packaging or 16 containers in which THIS DEFENDANT sold and/or distributed
ASBESTOS-CONTAINING PRODUCTS. 17 18 RESPONSE TO INTERROGATORY NO. 29: 19 1. Asbestos Roof Coating - First placed on the market 20 prior to 1930. Withdrawn from the market in 1982 due to economic 21 considerations (poor profit margins). It was composed of 22 asphalt, mineral spirits and approximately 6.7% 7M chrysotile 23 asbestos fiber. It was designed for use as a coating for smooth 24 surface asphalt roofs, and was sold in one-gallon friction top 25 steel cans, five-gallon steel pails, and 30- and 55-gallon steel 26 drums. The CertainTeed name appeared on the container. It was a 27 viscous black liquid that could be spread with a brush or 28 sprayed, and any atmospheric temperature was recommended.
1 2. Blind Nailing Cement - First placed on the market 2 prior to 1930. Withdrawn from the market in 1979 due to economic 3 considerations (poor profit margins). It was composed of asphalt 4 mineral spirits and approximately 13% 7N chrysotile asbestos 5 fiber. It was designed for use in sealing the laps of roll 6 roofing applied with no exposed nails, and was sold in one-gallon 7 friction top steel cans, five-gallon steel pails, and 30- and
e 55-gallon steel drums. The CertainTeed name appeared on the
9 container. It was a viscous black liquid that could be applied 10 with a stiff brush or trowel, and any atmospheric temperature was
n recommended.
12 3. Plastic Cement - First placed on the market prior 13 to 1930. Withdrawn from the market in 1983 due to economic 14 consideration (poor profit margins). It was composed of asphalt, 15 mineral spirits, pulverized limestone and approximately 18% 7K 16 chrysotile asbestos fiber and 18% 7M chrysotile asbestos fiber. 17 It was designed for flashing, caulking, heavy duty roof repairs, 18 and patching roof flashings, and was sold in one-pint, one-quart, 19 1/2-gallon, and one-gallon friction top steel cans, three- and 20 five-gallon steel pails, and 30- and 55-gallon steel drums. The 21 CertainTeed name appeared on the container. It was a black 22 mastic that could be applied with a trowel, and any atmospheric 23 temperature was recommended. 24 4. Sealing Cement - First placed on the market prior 25 to 1930. Withdrawn from the market in 1976 due to economic 26 considerations (poor profit margins). It was composed of 27 asphalt, mineral spirits, and approximately 29% 7M chrysotile 28 asbestos fiber. It was designed for sealing down asphalt
1 shingles and was sold in one-gallon friction top steel cans, 2 five-gallon steel pails, and 30- and 55-gallon steel drums. The 3 CertainTeed name appeared on the container. It was a black 4 mastic that could be applied with a trowel, and any atmospheric 5 temperature was recommended. 6 5. Cold Process Cement - First placed on the market in 7 approximately 1940. Withdrawn from the market in 1967 (replaced 8 by Cold Process Asphalt). It was composed of asphalt, mineral 9 spirits, and approximately 6.7% 7M chrysotile asbestos fiber. It 10 was designed for use in applying rolls of smooth roofing to 11 obtain a built-up roof and was sold in one-gallon friction top 12 steel cans, five-gallon steel pails, and 30- and 55-gallon steel 13 drums. The CertainTeed name appeared on the container. It was a 14 viscous black liquid that could be spread with a brush or 15 sprayed, and any atmospheric temperature was recommended. 16 6. Cold Process Asphalt - First placed on the market 17 in 1967. Withdrawn from the market in 1983 due to economic 18 considerations (poor profit margins). It was composed of 19 asphalt, mineral spirits, and approximately 6.7% 7M chrysotile 20 asbestos fiber. Cold process asphalt was the name given to "cold 21 process cement" subsequent to 1967. It was sold in one-gallon 22 friction top steel cans, five-gallon steel pails, and 30- and 23 55-gallon steel drums. The CertainTeed name appeared on the 24 container. It was a viscous black liquid that could be spread 25 with a brush or sprayed, and any atmospheric temperature was 26 recommended. 27 7. stabilized Roof Coating - First placed on the 28 market in approximately 1940. Withdrawn from the market in 1967
1 due to economic considerations (poor profit margins). it was 2 composed of asphalt, mineral spirits, and approximately 6.7% 7M 3 chrysotile asbestos fiber. It was designed for coating cold 4 process smooth surface built-up asphalt roofs and was sold in 5 one-gallon friction top steel cans, five-gallon steel pails, and 6 30- and 55-gallon steel drums. The CertainTeed name appeared on 7 the container. It was a viscous black liquid that could be 8 spread with a brush or sprayed, and any atmospheric temperature 9 was recommended. 10 8. Wet Seal Plastic Cement - First placed on the 11 market in 1961. Withdrawn from the market in 1983 due to 12 economic considerations (poor profit margins). It was composed 13 of asphalt, mineral spirits, an amine wetting agent, pulverized 14 limestone and approximately 18% 7K chrysotile asbestos and 18% 7M 15 chrysotile asbestos. It was designed for use in providing 16 adhesion to wet or damp surfaces in making heavy duty repairs to 17 wet roofs and was sold in one-gallon friction top steel cans, 18 five-gallon steel pails, and 30- and 55-gallon steel drums. The 19 CertainTeed name appeared on the container It was a black mastic 20 that could be applied with a trowel, and any atmospheric 21 temperature was recommended. 22 9. Asphalt Fibered Emulsion - First placed on the 23 market some time during the 1950's. Withdrawn from the market in 24 1983 due to economic considerations (poor profit margins). It 25 was composed of asphalt, water, clay, electrolyte and an unknown 26 quantity of asbestos fiber. It was designed for coating smooth 27 surface asphalt roofs and was sold in one-gallon friction top 28 steel cans, five-gallon steel pails, and 30- and 55-gallon steel
1 drums. The CertainTeed name appeared on the container, it was a 2 viscous black liquid that could be spread with a brush or 3 sprayed, and any atmospheric temperature was recommended. 4 10. Fibered Aluminum Roof Coating - First placed on the 5 market in 1951. Withdrawn from the market in 1979 due to 6 economic considerations (poor profit margins). It was composed 7 of asphalt, mineral spirits, aluminum powder, and an unknown 8 quantity of asbestos fiber. It was designed for coating smooth 9 surface asphalt roofs and was sold in one-gallon friction top 10 steel cans, five-gallon steel pails, and 30- and 55-gallon steel 11 drums. The CertainTeed name appeared on the container. It was a 12 viscous aluminum colored liquid that could be spread with a brush 13 or roller, and any atmospheric temperature was recommended. 14 11. Asphalt Foundation Coating - First placed on the 15 market in approximately 1940. Withdrawn from the market in 1981 16 due to economic considerations (poor profit margins). It was 17 composed of asphalt, mineral spirits, and approximately 6.7% 7M 18 chrysotile asbestos fiber. It was designed for coating the 19 exterior of foundations before backfilling, and was sold in one20 gallon friction top steel cans, five-gallon steel pails, and 21 30- and 55-gallon steel drums. The CertainTeed name appeared on 22 the container. It was a viscous black liquid that could be 23 spread with a brush or sprayed, and any atmospheric temperature 24 was recommended. 25 12. No. 15 Perforated Saturated Asbestos Felt First 26 placed on the market in 1968. Withdrawn from the market in 1976 27 due to lack of demand for the product. It was composed of 28 asphalt, organic fiber, and 58% asbestos fiber (type and grade
1 unknown). It was designed for use as plys for built-up roofs and 2 flashing, and packaged with a kraft paper wrapper, was not color 3 coded, and contained no logo or markings except for laying lines 4 of aluminum paint. The CertainTeed name appeared on the wrap. 5 It was a black roll good which was applied with hot asphalt, and 6 any atmospheric temperature was recommended. 7 13. Asbestos Base Sheet - First placed on the market in 8 1968. Withdrawn from the market in 1976 due to lack of demand 9 for the product. It was composed of asphalt, organic fiber, 10 glass fiber, pulverized limestone, pulverized talc, and 20% 11 asbestos fiber (type and grade unknown). It was designed for use 12 as the first ply in applying a built-up roof, and packaged with a 13 kraft paper wrapper, was not color coded, and contained no logo 14 or other marking except for laying lines of orange-red paint. 15 The CertainTeed name appeared on the wrap. It was a black roll 16 good which was nailed or applied with hot asphalt, and any 17 atmospheric temperature was recommended. 18 14. Asbestos Base Flashing - First placed on the market 19 in 1968. Withdrawn from the market in 1976 due to lack of demand 20 for the product. It was composed of asphalt, organic fiber, 21 pulverized limestone, pulverized talc, 19% asbestos fiber (type 22 and grade unknown), and either glass, hemp, or jute fiber. It 23 was designed for use as one ply in installing flashing and 24 packaged with a kraft paper wrapper, was not color coded, and 25 contained no logo or other markings. The CertainTeed name 26 appeared on the wrap. It was a black roll good which was applied 27 with hot asphalt, and any atmospheric temperature was 28 recommended.
1 15. Asbestos Cap Sheet (mineral surfaced) - First 2 placed on the market in 1973. Withdrawn from the market in 1976 3 due lo lack of demand for the product. It was composed of 4 asphalt, organic fiber, pulverized limestone, pulverized talc, 5 coarse crushed rock, and 13.8% asbestos fiber (type and grade 6 unknown). It was designed for use as the top ply on build-up 7 roofs and packaged with a kraft wrapper, was not color coded, and 8 contained no logo or other markings except for a laying line of 9 orange-red paint. The CertainTeed name appeared on the wrap. It 10 was a black roll good which was applied with hot asphalt and any 11 atmospheric temperature was recommended. 12 16. Asbestos-Cement Siding Shingles - First placed on 13 the market in approximately 1950. Withdrawn from the market in 14 the mid-1960's due to economic considerations (poor profit 15 margins). Asbestos-cement siding shingles were flat slabs which 16 came in various colors (type, grade, and amount of asbestos fiber 17 unknown). They were designed for use on the exterior of homes 18 and were nailed to the exterior surface. They were supplied in 19 packages having a corrugated fiberboard band and sides held in 20 place by two wire ties. The CertainTeed name appeared on the 21 band, and any atmospheric temperature was recommended. 22 17. Asbestos-Cement Pipe (may have carried the brand 23 name Fluid-Tite) - First placed on the market June 1, 1962. 24 CertainTeed currently manufactures and sells asbestos-cement 25 pipe. The asbestos fiber is bound into the asbestos-cement pipe 26 by a combination of cement, silica, and water through an 27 autoclave (high pressure steam atmosphere) curing process. It 28 contains the following amounts of asbestos by weight:
1
Pressure Pipe
15 to 20%
2
Sewer Pipe
10 to 15%
3
Irrigation Pipe
11 to 20%
4 Of the total asbestos content of the asbestos-cement pipe,
5 anywhere from 0% to 24% has been crocidolite (blue) fiber by
6 weight, with the remaining fiber being chrysotile (white)
7 depending on the type of pipe. Asbestos-cement pipe is used for
e the underground transmission of water and sewage. No packaging
9 has been used in connection with the product. The sewer pipe
10 contains black lettering, including the name "CertainTeed," the
n pressure pipe contains either black or orange lettering,
12 including the name "CertainTeed," and the irrigation pipe has
13 black lettering including the name "CertainTeed." It was
14 installed in the form in which it is sold except to the extent
15 that it may require machining in order to meet a specific length.
16 The temperature limit is 200*F.
17 18. Glass Fiber Blanket Insulation Faced with Asbestos
18 Paper for Railroad Car Application - First placed on the market
19 by Gustin-Bacon Manufacturing Company in 1945. Withdrawn from
20 the market in 1947 because of poor moisture vapor transmission
21 and as a result of the determination that there was no need for
22 an incombustible facing. It was composed of nine-micron glass
23 fiber blanket and reinforced asbestos paper facing. It was
24 intended solely for use in insulating ceilings, vails, and floors
25 of railroad passenger cars, and was packaged in cardboard or
26 wrapped in heavy kraft paper. It was applied on railway cars and
27 placed against the ceiling, walls, and floors. No writing is
28 believed to have been on the product. The content of any writing
1 on the packaging is unknown and the recommended temperature range
2 in unknown.
3 19. Flexible Trainline - First placed on the market by
4 Gustin-Bacon Manufacturing Company in 1945. First manufactured
5 and sold by CertainTeed in 1966. Withdrawn from the market in 6 1970 due to lack of demand for the product. It was composed of
7 nine-micron glass fiber blanket, resin bonded, and adhered with 8 adhesive to neoprene-coated asbestos cloth. It was intended
9 solely for use in insulating railroad passenger car steam lines. 10 It was packaged in cardboard or wrapped in heavy kraft paper, and 11 was installed by lacing the insulation onto the passenger car 12 steam lines with copper wire affixed to hooks which were fastened 13 to the insulation jacketing. No writing is believed to have been
14 on the product. The content of any writing on the packaging is 15 unknown and the recommended temperature limit was 300*F. 16 At some unknown point in time, defendant commenced to 17 affix its logo (C and T with the stem of the T inserted sideways 18 into the C) to the containers in which its roof coatings and 19 cements were packaged. No other specific information pertaining
20 to product packaging or containers is presently available.
21 INTERROGATORY NO. 30; 22 Does THIS DEFENDANT have any exemplar(s) of packaging or
containers in which its RAW ASBESTOS FIBER and/or ASBESTOS23 CONTAINING PRODUCT(S) were sold and/or distributed; If so, state;
a. the location of each exemplar; 24 b. the year(s) in which said exemplar(s) was utilized;
c. the IDENTITY of the custodian of such exemplars. 25
26 RESPONSE TO INTERROGATORY NO. 30;
27 Subject to the aforementioned general objections,
28 defendant responds as follows: No.
1 INTERROGATORY NO. 31:
2 Did THIS DEFENDANT put warnings of asbestos-related health hazards on bags of RAW ASBESTOS FIBER; if so, please
3 state: a.- the wording of such warning(s), including size,
4 location, and color; b. whether the warning was put on a tag attached to
5 the bags; c. the date such warning(s) was first used;
6 d. whether any change was made in the wording of such warnings, the date(s) of such change, and the reasons for such
7 change.
8 RESPONSE TO INTERROGATORY NO. 31:
9 Subject to the aforementioned general objections,
10 defendant responds as follows: No.
11 INTERROGATORY NO. 32:
12 Did THIS DEFENDANT put warnings of asbestos-related health hazards on the packaging or containers of ASBESTOS-
13 CONTAINING PRODUCT(S); If so, please state: a. the wording of such warning(s), including size,
14 location on the packaging or containers, and color; b. the date such warning(s) was first used;
15 c. whether any change was made in the wording of such warning(s), the date(s) of such change, and the reason(s) for
16 such change.
17 RESPONSE TO INTERROGATORY NO. 32:
18 Subject to the aforementioned general objections, the
19 label placed on defendant's asbestos-cement pipe beginning in
20 1979 read as follows:
21 CAUTION:
22 Always use recommended work practices. Do not use abrasive saws. When cutting,
23 machining and tapping, refer to Reoommended Work Practices Guide furnished
24 by manufacturer to your employer.
25 In approximately July, 1985, the caution label was
26 changed in order to provide additional explanation of the
27 potential hazard, to read as follows:
28 / / /
1 CAUTION:
2 - contains asbsstos fibor -Avoid creating dust. Brsathing
3 asbsstos dust can causa serious bodily barn, including oanoar and asbastosis.
4 -Whan outting, machining and tapping always use recommended
5 work practices (refer to Recommended Work Practices Guide
6 furnished by manufacturer to your employer).
7 Do not use Abrasive Disc Saws.
8 The warning is placed on the unmachined portion of pipe
9 (quarter lenghts and larger) at or near the end of the pipe, and
10 is black in print over white background, approximately 2-7/8" x
11 3".
12 INTERROGATORY NO. 33:
13
14 Has THIS DEFENDANT distributed any brochures or pamphlets that contain warnings of any asbestos-related health
15 hazards; if so, please state: a. the wording of such warning;
16 b. the method used to distribute such brochures or pamphlets;
17 c. the date(s) such brochures or pamphlets were first
18 issued; d. whether THIS DEFENDANT has exemplar(s) of such
19 brochures or pamphlets; e. the IDENTITY of the custodian of such exemplar(s).
20 RESPONSE TO INTERROGATORY NO. 33:
21 a. - c. Subject to the aforementioned general
22 objections, defendant responds as follows with respect to
23 asbestos-cement pipe:
24 Since 1977, defendant has distributed to purchasers of
25 its asbestos-cement pipe a booklet entitled "Recommended Work
26 Practices for A/C Pipe" published by the A/C Pipe Producers
27 Association. The entire booklet is intended to warn about
28 improper pipe machining techniques. The booklet was and is
1 incorporated into the CertainTeed Installation Guide for Fluid2 asbestos-Cement Pressure Pipe. Defendant's sales force has also 3 been provided with copies of this booklet for distribution to 4 engineers and contractors. 5 In addition, defendant has printed a warning in certain 6 of its brochures as follows: 7 1. CertainTeed Installation Guide Asbestos8 Cement Fluid-Tite Mon-Pressure Sever Pipe - (Code No. 40-31-06) 9 On page 21, it is stated, "CAUTION: - Asbestos-cement pipe 10 contains asbestos fibers. Do not cut or machine without 11 protection. Breathing asbestos dust may cause serious bodily 12 harm." 13 2. Installation Guide Pluid-Tite Pressure 14 Pipe (Code No. 40-21-07) - On inside front cover and on page 31, 15 it is stated, "CAUTION: - Asbestos-cement pipe contains asbestos 16 fibers. Do not cut or machine without protection. Breathing 17 asbestos dust may cause serious bodily harm." 18 3. A/C Pressure Installation Guide 19 Distribution and Fluid Transmission Piping Systems (Code 20 40-23-07). On page 9, it is stated, "CAUTION - Asbestos-cement 21 pipe contains asbestos fibers. Do not cut or machine without 22 protection. Breathing asbestos dust may cause serious bodily 23 harm. Refer to 'Recommended Work Practices for A/C Pipe."' 24 Pages 39-47 are a reproduction of the booklet entitled 25 "Recommended Work Practices for A/C Pipe" published by the A/C 26 Pipe Producers Association. 27 Dates of publication are supplied on Exhibit "A" appended to 28 these responses.
1 d. - e. Copies of these documents are in the custody
2 of Curtis M. Pontz, Esq., Senior Counsel and Assistant Secretary,
3 CertainTeed Corporation 750 E. Swedesford Road, Valley Forge,
4 Pennsylvania 19482.
5 INTERROGATORY. NQ,--3.4.; 6 Did THIS DEFENDANT warn its employees and/or CONTRACT
UNIT(S), anywhere in the United States, that exposure to asbestos 7 could be hazardous to human health. Ilf so, state:
a. whether copies of DOCUMENTS containing such 8 warnings exist;
b. the IDENTITY of the custodian of such DOCUMENTS. 9
10 RESPONSE TO INTERROGATORY NO. 34:
11 Objection: In addition to the aforementioned general
12 objections, defendant objects to this interrogatory on the
13 grounds that it is not applicable with respect to contract units
14 inasmuch as defendant never retained or maintained such units.
15 Notwithstanding said objections and without waiving same, with
16 respect to its employees, defendant has on occasion provided its
17 employees with brochures and booklets regarding the health
18 effects of asbestos. It is believed that such documents are
19 those which have been published on the subject by the Asbestos
20 Information Association. Copies of such documents are presumed
21 to be retained by the Asbestos Information Association.
22 INTERROGATORY NO,_35l
23 State the IDENTITY of medical directors and/or industrial hygienists retained by THIS DEFENDANT in the United
24 States.
25 RESPONSE TO INTERROGATORY NO. 35:
26 Subject to the aforementioned general objections, the
27 following individuals have been employed as industrial hygienists
28 for defendant:
1 1. Leon Horowitz was employed by defendant
2 at its offices in Valley Forge, Pennsylvania from 1962-1967. Mr.
3 Horowitz is no longer employed by defendant.
4 2. Halter Gubar was employed by defendant at 5 its offices in Kansas City, Kansas from 1966-1984. Mr. Gubar is
6 retired from defendant.
7 3. Owen H. Kittilstad was employed by
8 defendant at its facilities in Valley Forge, Pennsylvania from 9 1977- 1988. Mr. Kittilstad is retired from defendant. 10 4. Thomas C. Shaffer was employed by 11 defendant at its facilities in Valley Forge, Pennsylvania from 12 1978- 1981. Mr. Shaffer is no longer employed by defendant. 13 5. Janis L. Woodson has been employed by 14 defendant at its facilities in Valley Forge, Pennsylvania since 15 1978. Ms. Woodson's current title is Industrial Hygiene
16 Specialist. 17 6. Peter J. Norris was employed by defendant
18 at its facilities in Valley Forge, Pennsylvania from 1981-1986 as 19 a Corporate Industrial Hygienist. Mr. Norris is no longer
20 employed by defendant. 21 Defendant has employed a Medical Director since 1973. 22 Dr. J. L. Goodman served from March, 1973 until December, 1978. 23 Dr. L. J. Mellon has served in that capacity from December, 1978
24 to the present. 25 INTERROGATORY NO. 36:
26 Has any employee of THIS DEFENDANT testified by deposition on behalf of THIS DEFENDANT in a third-party case,
27 brought in the United States, wherein the plaintiff has alleged an asbestos-related injury? If so, for each such third party
28 case, please state: a. the caption and case number; b. the court of filing including state and county;
1 c. d.
2 record.
the date of the deposition; the name and address of plaintiff's counsel of
3 RESPONSE TO INTERROGATORY NO. 36:
4 a. - c. Subject to the aforementioned general
5 objections, defendant responds as follows: See the attached
6 Exhibit "B".
7 d. With respect to the name and address of plaintiff's
8 counsel, Exhibit "B" sets forth case name, court, and docket
9 number as well as deposition date. Propounding party can just as
10 easily as this defendant establish the identity of plaintiff's
11 counsel.
12 INTERROGATORY NO. 37:
13 Has THIS DEFENDANT been a member of the following:
14 a. Asbestos Textile Institute (ATI); b. Industrial Hygiene Foundation and/or Industrial
15 Health Foundation (IHF); c. Mineral Wool Institute;
16 d. Industrial Mineral Insulation Manufacturers Institute;
17 e. Magnesia Silica Insulation Manufacturers Association;
18 f. National Insulation Manufacturers Association (NIMA);
19 g. Thermal Insulation Manufacturers Association (TIMA);
20 h. Asbestos Information Association (AIA); i. Quebec Asbestos Mining Association (QAMA);
21 j. National Safety Council; k. Asbestos Cement Producers Association;
22 l. Refractories Institute; m. any other organizations or associationsof
23 manufacturers, miners, distributors, importers, labellers, suppliers, and/or sellers of ASBESTOS-CONTAINING PRODUCTS;
24
25 (i) please state the name(s) of such organizations or associations.
26 RESPONSE TO INTERROGATORY NO. 37:
27 Subject to the aforementioned general objections,
28 defendant has belonged to N.I.M.A. from 1967 through 1973,
1 T.I.M.A. from 1973 through the present, A.I.A./N.A. since its
2 founding in 1971, and the Association of Asbestos-Cement Pipe
3 Producers since its formation in 1973. Defendant joined the
4 Industrial Health Foundation in 1968 (defendant has no record of
5 when it ended affiliation).
6 INTERROGATORY HO, _3 8:
7 For each organization, association or other entity identified in your Response to Interrogatory No. 37, please
8 state: a. the dates during which THIS DEFENDANT was a member;
9 b. the name(s) of any publication(s) received by THIS DEFENDANT from such association or organization.
10 c. the name of such committee or subcommittee of which THIS DEFENDANT was a member, and the dates of 6uch committee Or
11 subcommittee membership.
12 RESPONSE TO INTERROGATORY NO. 38:
13 a. Subject to the aforementioned general objections,
14 defendant has belonged to N.I.M.A. from 1967 through 1973,
15 T.I.M.A. from 1973 through the present, A.I.A./N.A. since its
16 founding in 1971, and the Association of Asbestos-Cement Pipe
17 Producers since its formation in 1973. Defendant joined the
18 Industrial Health Foundation in 1968 (defendant has no record of
19 when it ended affiliation).
20 b. - c. Objection: In addition to the aforementioned
21 general objections, defendant objects to this interrogatory on
22 the ground that it cannot respond since it does not maintain a
23 log or registry which contains any such information.
24 INTERROGATORY NO. 39:
25 Has THIS DEFENDANT received any DOCUMENT(S) containing results or conclusions of any studies and/or tests conducted by
26 the Saranac Laboratory at the Trudeau Foundation relating to the human health consequences of exposure to asbestos? If so,
27 please: a. IDENTIFY all such DOCUMENT(S);
28 b. state the date upon which THIS DEFENDANT first received such DOCUMENT(S); c. the IDENTITY of the custodian of such DOCUMENT(S).
1 RESPONSE TO INTERROGATORY NO. 39;
2 Subject to the aforementioned general objections,
3 defendant responds as follows: No.
4 INTERROGATORY NO. 40:
5 State whether THIS DEFENDANT has ever maintained a library (or libraries) in the United States which contains books,
6 articles, periodicals, journals and/or reference materials that relate to the subjects of asbestos, industrial hygiene, medicine,
7 safety, occupational disease and/or engineering. If so, state: a. the date each such library was established;
8 b. the location of each such library; c. the IDENTITY of each librarian or other person in
9 charge of such library.
10 RESPONSE TO INTERROGATORY _NQ_ _4QJ
11 a. Subject to the aforementioned general objections,
12 defendant has maintained a corporate library at its facilities in
13 Blue Bell, Pennsylvania since 1977. Some materials received by
14 the library may pertain to or refer to asbestos.
15 b. The address of the Blue Bell facility is 1400 Union
16 Meeting Road, Blue Bell, Pennsylvania.
17 c. Karola RAC is in charge of the library.
18 INTERROGATORY NO. 41:
19 Has THIS DEFENDANT exchanged documents containing the results of or communicated with any individual or other COMPANY
20 regarding tests and/or studies of the relationship between the inhalation of asbestos fibers and development of disease(s); if
21 so, please state: a. each individual or COMPANY with whom the
22 information was exchanged or to whom it was communicated; b. the date(s) of any such exchanges or
23 communications; c. the IDENTITY of the custodian of such documents.
24
25 RESPONSE TO INTERROGATORY NO. 41:
26 Subject to the aforementioned general objections,
27 defendant responds as follows: No.
28 / / /
1 INTERROGATORY NO. 42:
2 Has any employee of THIS DEFENDANT testified before the Occupational Safety and Health Administration, the National
3 Institute of Occupational Safety and Health, or any committee or subcommittee of the United States Congress on the inhalation of
4 asbestos dust and the development of disease; if so, please state:
5 a. the entity before whom such testimony vas given; b. the date(s) and location(s) of such testimony;
6 c. the IDENTITY of the individual(s) who so testified; d. whether any DOCUMENTS were presented to the entity
7 before which testimony was given; e. whether copies of DOCUMENTS presented were retained
8 by THIS DEFENDANT; (i) if so, state the IDENTITY of the custodian of
9 the DOCUMENT(S).
10 RESPONSE TO INTERROGATORY NO. 42:
11 Subject to the aforementioned general objections, to the
12 best of defendant's knowledge, the only individual who has so
13 testified is John P. McGinley, Vice President-Manufacturing of
14 defendant's Pipe & Plastics Group, who testified before OSHA in
15 1984 concerning the setting of asbestos exposure levels in
16 manufacturing facilities. Mr. McGinley recalls that he testified
17 in Washington D.C. in what he believes was the Spring of 1984,
18 but he does not recall either the exact location or date. He
19 does not have a copy of his testimony. No documents were
20 presented to OSHA.
21 INTERROGATORY NO. 43;
22 At any of the physical facilities identified in the Response to Interrogatory No. 15, has THIS DEFENDANT conducted,
23 or caused to be conducted, tests and/or studies of ambient asbestos dust created during the manufacture, processing and/or
24 assembling of ASBESTOS-CONTAINING PRODUCT(S); if so, please state:
25 a. each manufacturing facility, including location and address; at which any such test and/or study was conducted;
26 b. the date of each such test and/or study; c. the individual(s) or entity conducting each such
27 test and/or study; d. whether THIS DEFENDANT has any documents containing
28 the results and/or conclusions of each such study; e. the IDENTITY of the custodian of the documents.
1 RESPONSE TO INTERROGATORY NO. 43:
2 Objection: In addition to the aforementioned general
3 objections, defendant objects to this interrogatory on the basis
4 that such information is irrelevant inasmuch as there is no
5 evidence that any of the plaintiffs were ever employed by
6 defendant. Notwithstanding said objection and without waiving
7 same, dust samples were taken periodically at defendant's
8 asbestos-cement pipe plants subsequent to June 1, 1962 (when
9 defendant began manufacturing asbestos-cement pipe), by state or
10 federal agencies or by the loss control departments of
11 defendant's workers' compensation insurance carriers, and
12 subsequent to 1973 by defendant's employees. Defendant has no
13 log or registry which would enable it to supply the precise data
14 requested concerning any such sampling. Any such sampling
15 results in the custody of defendant are on file in CertainTeed
16 Corporation's Health and Safety Department in Valley Forge,
17 Pennsylvania. Defendant objects to reviewing such documents in
18 order to obtain the precise data requested because such sampling
19 results are incorporated in data which is greater than three feet
20 in depth, and thus, this interrogatory places an unreasonable
21 burden on defendant. Should there be any interest in reviewing 22 any of the pertinent documents, defendant will make all such
23 documents in its possession available at its executive offices in 24 Valley Forge, Pennsylvania for review and copying by proper
25 counsel. All costs attendant to this inspection, including all
26 copying costs,
I27 inspection.
28
shall be borne by the party requesting said
1 The person who is the custodian of the sampling results
2 on file in the Health and Safety Department is Janis Woodson,
3 CertainTeed Corporation, 750 E. Swedesford Road, Valley Forge, PA
4 19482.
5 INTERROGATORY HO. 44:
6 Has THIS DEFENDANT conducted, or caused to be conducted, any tests and/or studies on ambient asbestos dust levels at any
7 location or job site where its ASBESTOS-CONTAINING PRODUCTS were utilized in the United States; if so, please state:
8 a. the location, including name and address, at which each such test and/or study was conducted;
9 b. the individual(s) or entity conducting each such test and/or study;
10 c. the date of each such test and/or study; d. whether THIS DEFENDANT has any DOCUMENTS containing
11 the results and/or conclusions of each such test and/or study; e. the IDENTITY of the custodian of these DOCUMENTS.
12
13 RESPONSE TO INTERROGATORY NO. 44:
14 Subject to the aforementioned general objections,
15 defendant responds as follows: No.
16 INTERROGATORY NO. 45:
17 Did THIS DEFENDANT have any laboratory or other facility anywhere in the United States at which it conducted, or caused to
18 be conducted, any tests and/or studies of its ASBESTOS-CONTAINING PRODUCTS to measure the amount of asbestos dust generated by any
19 use for which such products were designed; if so, please state: a. the location, including name and address, at which
20 each such test and/or study was conducted; b. the individual(s) or entity conducting each such
21 test and/or study c. the date of each such test and/or study;
22 d. whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such test and/or study;
23 e. the IDENTITY of the custodian of such DOCUMENTS.
24 INTERROGATORY NO. 46:
25 No Interrogatory No. 46 was propounded by plaintiff.
26 RESPONSE TO INTERROGATORY NO. 45:
27 Subject to the aforementioned general objections,
28 defendant responds as follows: No.
1 INTERROGATORY NO. 47:
2 Has THIS DEFENDANT notified in writing any individuals or companies to whom it MARKETed RAW ASBESTOS FIBER and/or
3 ASBESTOS-CONTAINING PRODUCT(S), anywhere in the United States, of the potential relationship between exposure to asbestos and
4 disease; if so, please state: a. the date(s) THIS DEFENDANT provided this
5 information; b. the means used for transmittal of such information;
6 c. whether THIS DEFENDANT has any copies of any DOCUMENTS transmitting such information;
7 d. the IDENTITY of the custodian of such documents.
8 RESPONSE TO INTERROGATORY NO. 47:
9 a. - c. Subject to the aforementioned general
10 objections, defendant responds as follows with respect to
11 asbestos-cement pipe:
12 Since 1977, defendant has distributed to purchasers of
13 its asbestos-cement pipe a booklet entitled "Recommended Work
14 Practices for A/C Pipe" published by the A/C Pipe Producers
15 Association. The entire booklet is intended to warn about
16 improper pipe machining techniques. The booklet was and is
17 incorporated into the CertainTeed Installation Guide for Fluid-
18 Tite Asbestos-Cement Pressure Pipe. Defendant's sales force has
19 also been provided with copies of this booklet for distribution
20 to engineers and contractors.
21 In addition, defendant has printed a warning in certain
22 of its brochures as follows:
23 1. CertainTeed Installation Guide Asbestos-
24 Cement Pluid-Tite Non-Pressure sever Pipe (Code No. 40-31-06).
25 On page 21, it is stated, "CAUTION: - Asbestos-cement pipe
26 contains asbestos fibers. Do not cut or machine without
27 protection. Breathing asbestos dust may cause serious bodily
28 harm."
1 2. Installation Guide Fluid-Tits Prsssurs
2 Pips (Code No. 40-21-07). On inside front cover and on page 31,
3 it is 6tated, "CAUTION: - Asbestos-cement pipe contains asbestos
4 fibers. Do not cut or machine without protection. Breathing
5 asbestos dust may cause serious bodily harm."
6 3. A/C Pressure Installation Quids -
7 Distribution and Fluid Transmission Piping Systems (Code
8 40-23-07). On page 9, it is stated, "CAUTION - Asbestos-cement
9 pipe contains asbestos fibers. Do not cut or machine without
10 protection. Breathing asbestos dust may cause serious bodily
11 harm. Refer to 'Recommended Work Practices for A/C Pipe.'"
12 Pages 39-47 are a reproduction of the booklet entitled
13 "Recommended Work Practices for A/C Pipe" published by the A/C
14 Pipe Producers Association.
15 d. Copies of these documents are in the custody of
16 Curtis M. Pontz, Esq., Senior Counsel and Assistant Secretary,
17 CertainTeed Corporation 750 E. Swedesford Road, Valley Forge,
18 Pennsylvania 19482.
19 INTERROGATORY NO. 48:
20 Has THIS DEFENDANT required any individual(s) who MARKETed its ASBESTOS-CONTAINING PRODUCT(S) to wear respirators
21 or face masks; if so, please state: a. the job title(s), if known, of individual(s)
22 required to wear respirators or face masks; b. the date(s) on which THIS DEFENDANT first required
23 the wearing of respirators or face masks; c. whether THIS DEFENDANT has any copies of DOCUMENTS
24 communicating such requirements; d. the IDENTITY of the custodian of such DOCUMENTS.
25
26 RESPONSE TO INTERROGATORY NO. 48:
27 Subject to the aforementioned general objections,
28 defendant responds as follows: No.
1 INTERROGATORY WO. 49:
2 Does or did THIS DEFENDANT utilize or employ any CONTRACT UNIT. If so, please state:
3 a. the inclusive periods of time the CONTRACT UNIT(S) was utilized or employed;
4 b. the business address and name of the CONTRACT UNIT(S);
5 c. whether THIS DEFENDANT has any DOCUMENTS showing the location(s) of the job site(s) where the CONTRACT UNIT(S)
6 worked, and if so, state the IDENTITY of the custodian of such DOCUMENTS.
7
8 RESPONSE TO INTERROGATORY NO. 49:
9 Subject to the aforementioned general objections,
10 defendant responds as follows: No.
11 INTERROGATORY NO. 50:
12 Has THIS DEFENDANT received any written communications or other DOCUMENT, other than a claim for workers' compensation,
13 that any person was claiming injury as a result of exposure to its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S); if
14 so, please IDENTIFY the first such written communication or " DOCUMENT.
15
16 RESPONSE TO INTERROGATORY NO. 50:
17 Subject to the aforementioned general objections,
18 defendant responds in the affirmative. Defendant was first named
19 in a civil action alleging injury as a result of exposure to
20 asbestos containing products made or sold by defendant in late-
21 1975. However, defendant is unable to identify the first written
22 communication or document on the subject inasmuch as it has no
23 log or registry pertaining to such matters.
24 INTERROGATORY NQ^ _51l
25 Has any person filed a claim for asbestos-related injury regarding THIS DEFENDANT against any workers' compensation
26 insurance carrier which provided coverage for THIS DEFENDANT; if so, please state:
27 a. the date of such claim; b. the name of claimant;
28 c. the caption; d. the case number; e. the court in which the claim was filed;
1 f. the IDENTITY of the custodian of such documents.
2 RESPONSE TO INTERROGATORY NO. 51 i
3 a.- Subject to the aforementioned general objections,
4 the first worker's compensation claim was served against
5 defendant in December, 1972.
6 b. - e. Objection: In addition to the aforementioned
7 general objections, the remainder of this interrogatory is
8 objected to on the basis that it is oppressive, overly broad, and
9 unduly burdensome, all out of proportion to any possible
10 discovery value and not reasonably calculated to lead to the
11 discovery of admissible.evidence. Subject to all of the
12 aforementioned objections, defendant cannot further respond to
13 this interrogatory because it cannot break down the workers'
14 compensation claims brought against it over the years by type of
15 injury or type of claim asserted.
16 INTERROGATORY NO. 52:
17 Has any person filed a workers' compensation claim for
18 asbestos-related injury against THIS DEFENDANT; if so, please state:
19 a. the date of such claim; b. the name of claimant;
20 c. the caption; d. the case number;
21 e. the court in which the claim was filed; f. the IDENTITY of the custodian of such documents.
22
23 RESPONSE TO INTERROGATORY NO. 52:
24 a. Subject to the aforementioned general objections,
25 the first worker's compensation claim was served against
26 defendant in December, 1972.
27 b. - f. Objection: In addition to the aforementioned
28 general objections, the remainder of this interrogatory is
1 objected to on the basis that it is oppressive, overly broad, and
2 unduly burdensome, all out of proportion to any possible
3 discovery value and not reasonably calculated to lead to the
4 discovery of admissible evidence.
5 INTERROGATORY NO. 53:
6 Does THIS DEFENDANT have insurance available to cover judgment(s) entered against it in asbestos-related personal
7 injury lawsuits; if so, please state: a. the name and principal place of business of any
8 insurance carrier who has issued such policy of insurance; b. the number and effective date of each policy;
9 c. the amount(s) of coverage of each policy; d. the applicable dates of coverage;
10 e. any reservation of rights contained in each such policy;
11 f. the amount of coverage presently exhausted under each such policy;
12 g. the amount of coverage presently available under each such policy;
13 h. whether limits contained in each such policy include costs of defense.
14
15 RESPONSE TO INTERROGATORY NO. 53:
16 Subject to the aforementioned general objections,
17 defendant responds as follows: See the attached EXHIBIT "C".
18 a. CertainTeed is not obligated to research the
19 principal place of business of each insurance carrier listed on
20 Exhibit "C" to these responses to interrogatories as that
21 information is a matter of public record, and equally available
22 to plaintiffs. Additionally, CertainTeed is not obligated to to
23 perform legal research as to the "Principal Place of Business" of
24 any insurance carrier. This information would best be obtained
25 from the carrier(s) itself.
26 b. - e. See Exhibit "C", attached hereto.
27 f. Subject to the aforementioned general objections,
28 and notwithstanding defendant's previous response to this
1 interrogatory, defendant responds as follows: This information
2 is not currently available in any log or compilation.
3 Additionally, CertainTeed, as a member of the Center for Claims
4 Resolution, has entered into an agreement whereby this
5 interrogatory and its sub-parts are irrelevant, and not
6 calculated to lead to admissible evidence.
7 g. Subject to the aforementioned general objections,
8 and notwithstanding defendant's previous response to this
9 interrogatory, defendant responds as follows: This information
10 is not currently available in any log or compilation.
11 Additionally, CertainTeed, as a member of the Center for Claims
12 Resolution, has entered into an agreement whereby this
13 interrogatory and its sub-parts are irrelevant, and not
14 calculated to lead to admissible evidence.
15 h. Subject to the aforementioned general objections,
16 and notwithstanding defendant's previous response to this
17 interrogatory, defendant responds as follows: This information
18 is not currently available in any log or compilation.
19 Additionally, CertainTeed, as a member of the Center for Claims
20 Resolution, has entered into an agreement whereby this
21 interrogatory and its sub-parts are irrelevant, and not
22 calculated to lead to admissible evidence.
23 INTERROGATORY NO. 54:
24 Has THIS DEFENDANT owned or operated any petroleum refining facilities; if so, please state:
25 a. whether any ASBESTOS-CONTAINING PRODUCT(S) were MARKETed on the premises of such refining facilities;
26 b. the location, including the name and address of all such refining facilities;
27 c. the dates of operation of such refining facilities; d. the types of ASBESTOS-CONTAINING PRODUCT(S)
28 MARKETed on such premises; e. the names of the manufacturers of any ASBESTOS-
CONTAINING PRODUCTS MARKETed on such premises;
1 f. whether THIS DEFENDANT has documents identifying such MARKETing;
2 g. the IDENTITY of the custodian of such documents.
3 RESPONSE TO INTERROGATORY NO. 54:
4 Subject to the aforementioned general objections,
5 defendant responds as follows: No.
6 INTERROGATORY NO. 55:
7 Has THIS DEFENDANT held a controlling ownership interest
8 in any COMPANY which owned or operated petroleum refining facilities; if so, for the period(s) of time during which THIS
9 DEFENDANT held such interest, please state: a. whether any ASBESTOS-CONTAINING PRODUCTS were
10 MARKETed on the premises of such refining facilities; b. the location, including the name and address of all
11 such refining facilities; c. the dates of operation of such refining facilities;
12 d. the types of ASBESTOS-CONTAINING PRODUCTS MARKETed on such premises;
13 e. the names of the manufacturers of any ASBESTOSCONTAINING PRODUCTS MARKETed on such premises;
14 f. whether THIS DEFENDANT has DOCUMENTS identifying such MARKETing.
15 g. the IDENTITY of the custodian of such DOCUMENTS.
16 RESPONSE TO INTERROGATORY NO. 55:
17 Subject to the aforementioned general objections,
18 defendant responds as follows: No.
19 INTERROGATORY NO. 56/RESPONSE TO INTERROGATORY NO. 56:
20 No Interrogatory No. 56 was propounded.
21 INTERROGATORY NO. 57;
22 Has THIS DEFENDANT contracted with any COMPANY for the
23 MARKETing of ASBESTOS-CONTAINING PRODUCT(S) on any premises owned or leased by THIS DEFENDANT; if 60, please state:
24 a. the location, including name and address of such premises;
25 b. the name and address of each such COMPANY; c. the types of ASBESTOS-CONTAINING PRODUCTS;
26 d. the name of the manufacturers of such ASBESTOSCONTAINING PRODUCTS;
27 e. whether THIS DEFENDANT has DOCUMENTS of such MARKETing;
28 f. the IDENTITY of the custodian of such DOCUMENTS.
1 RESPONSE TO INTERROGATORY NO. 57: 2 Subject to the aforementioned general objections,
3 defendant responds as follows: No.
4 5 DATED: 6
August 6, 1990
SHIELD t SMITH
J. LAWRENCE JODY JAMES O. SCADDEN
7
8 S 6. SCADDEN
9 ttorneys for Defendant CERTAINTEED CORPORATION
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
if* T*>
i fc> i f" /^V
1. 'Certain-teed Fluid-Tite Asbestos-Cement Pressure Pipe-CERTA-SPACEE Band" Published 1964.
2. "Fluid-Tite Asbestos-Cement Pressure Pipe" Published 1966.
3. "Fluid-Tite Asbestos-Cement Pressure Pipe" Published 1970.
4. "Certain-teed Asbestos-Cement Non-Pressure Sever Pipe" Published 1969. i
5. "Certain-teed - We Have Specially Designed Our Coupling To Do A Sever Job" Published 1967.
6. "The Modern Trend Dnderground/Certain.-teed _FlixidrTitel_Pulbished -------------1967.
7. "Fluid-Tite Asbestos-Cement Small Diameter-Sever^Pipe-and " -- Accessories Made By Certain-teed* Published 1970.
8. "Certain-teed High Head Asbestos-Cement Irrigation Pipe" Published 1967.
9. "Certain-teed Type 25,75 and 125 Asbestos-Cement Irrigation Pipe" Published 1969.
10. "Certain-teed High Head Asbestos-Cement Irrigation Pipe" Published 1970.
11. Threaded Brass Insert Couplings. Published 7/75.
12. FLUID-TITE Asbestos Cement Non-Pressure Sever Pipe (Specification Sheet). Published 10/75.
13. Installation Guide Asbestos Cement FLUID-TITE Non-Pressure Sever Pipe. Published 3/73
14. Asbestos-Cement Non-Pressure Sever Pipe Designed for Modern. Economical, Long Life. Non-Pressure Sever Systems, Published 8/74.
15. Installation Guide CT FLUID-TITE Pressure Pipe. Published 2/74.
16. Avoiding Surge in Asbestos Cement Pipe Lines. Published 6/75.
IT. Epoxy-Lined Asbestos-Cement Pipe. Published (estimated date) 15'=-
18. FLUID-TITE Asbestos-Cement Gravity Sever Pipe (ASTM C644) Specifications. Published 8/77.
-9. FLUID-TITE Asbestos Cement Small Diameter Sewer Pipe. Published 3/74.
20. Pipe Class Selection - FLUID-TITE Asbestos-Cement Non-Pressure Sever Pipe. Published 4/74.
21. Engineering Drawings and Dimensions. Asbestos-Cement Non-Pressure Pipe, Couplings and ritcings. Published 7/73.
22. CertainTeed FLUID-TRANSMISSION ASBESTOS-CEMENT PIPE. Design and Specification Manual, Published 1971.
23. Bov to Make the Toughest Joint In Town Co Dry, Published 5/75.
2a The Right Way To: Receive - Unload - Handle - Store - Install
" CERTAIN-TEED ASBESTOS CEMENT PIPE AND PIPE ACCESSORIES. Published -
(estimated) 1978.
--.................................
25. Asbestos-Cement Pressure Pipe & FLUID-TITE COUPLING. Engineering Drawings And Dimensions And Hov^To Connect To Other'Pipe. Published
12/75.
26. flow CHART For' CertainTtfed FLUID-Tmr.-ASbt6's-'CImat Pressure Pipe. Published 7/75.
27. A/C Pressure Installation Guide - Distribution and Fluid
Transmission Piping Systems (March 1982). *
.
:
28. Installation Guide Asbestos Cement Fluid-Tite Non-Pressure Sewer
Pipe (early 1980).
-V-- -------
^9. Installation Guide Fluid-Tite Pressure Pipe (early 1977).
DEPOSIT 10* LISTING
hi -t> 6>
DePOfteM DONALD, DELMAR J., H.D.
Det of Deposition
07/05/79
HAMILTON, HARVEY
07/02/85
HAMILTON, HARVEY
01/15/87
HARTMAN, ROBERT S.
04/02/79
Caption
Socket
Court
Barlitb. Jamas H. v. Turner i Hawaii, at el.
78-1027
U.S.D.C. for the Eastern Dist of PA
Cardamon#, Emilio E. v. Turner 1 Hawaii, at at.
78-1117
U.S.D.C. for the Eastern Disl of PA
NcFadden, John v. Turner 78-1041 t Howell, at al.
U.S.O.C. for the Eastern Dist of PA
Ciradi, Anthony v. Turner 78-1987 l HewaII, at a I.
U.S.O.C. for the Eastern Dist of PA
Hashington, Donna Kayes v. 791-509 Johns-ManviI la, at al.
Superior Court of CA, San Fran County
Johnson, Herat v. Johns- 780-761 Manvi lie, at al.
Superior Court of CA, San Fran County
Orana, Mi Ilia Emm v. Johns-Manvi1 la, at al.
782-572
Superior Court of CA, San Fran County
Clapper Cases
605486-1 Superior Court of CA, Alameda County
80602
Superior Court of CA, Solano County
804416
Superior Court of CA, San Fran County
Berlieb, James H. v. Turner I Hawaii, at al.
78-1027
U.S.D.C. for the Eastern Dist of PA
Cardamone, Emi 1io E. v. Turner 1 Hawaii, at al.
78-1117
U.S.D.C. for the Eastern Dist of PA
McFedden, John v. Turner 78-1041 l Newell, at al.
U.S.D.C. for the Eastern Dist of PA
Ciradi, Anthony v. Turner 78-1987 i Hawaii, at al.
Johnson, Clarence v. Turner i Hawaii, at al.
78-464
U.S.O.C. for the Eastern Dist of PA
U.S.D.C. for the Eastern Dist of PA
Depone rit
Date of Deposition
-
HARTMAN, ROBERT S.
11/OB/84
HARTMAN, ROBERT S. HARTMAN, ROBERT S.
09/05/86 01/15/87
HARTMAN, ROBERT S. HOROWIT2, IEOH DAVID
11/17/80 06/50/80
Cost Caption
Docket Ho.
Court
Amento, Victoria (Joseph) 78-2025 v. Turner l Hawaii, at al.
U.S.D.C. for the Eastern Dist of PA
Crabowski, Louis a. Turner t Hawaii, at at.
78-50*6
U.S.O.C. for the Eastern Dist of PA
Washington, Donna Kayes v. 791-509 Johns-Manvi1l, at al.
Superior Court of CA, San Fran County
Johnson, Ratal a. Johns* 780-761 Menvilla, at al.
Superior Court of CA, San Fran County
Otane, Wi 1 lia Emne v.
782-572
v. Johns-ManviI la, at al.
Superior Court of CA, San Fran County
Cood, Robert v. CartainTeed
85-I627H8 U.S.D.C. for the Dist of Haw Mexico
Clapper Casas
605*86-1 Superior Court of CA, Alameda County
88602
Superior Court of CA, Solano County
804416
Superior Court of CA, Sen Fran County
Davis, Robert, at al. a. 8007220(4) U.S.D.C. for the
Turner l Hawaii, at al.
Eastern Dist of PA
Johnson, Clarence
78-464
a. Turner i Hawaii, at el.
U.S.D.C. for the Eastern Dist of PA
fieriieb, James H. a. Turner & Hewall, et el.
Cerdamone, Emilio E. v. Turner < Hawaii, at al.
78-1027 78-1117
U.S.D.C. for the Eastern Dist of PA
U.S.D.C. for the Eastern Dist of PA
HcFedden, John a. Turner 78-1041 t HewaII, et a 1.
U.S.D.C. for the Eastern Dist of PA
Amento, Victoria (Joseph) 78-2025 a. Turner l Hawaii, et al.
U.S.D.C. for the Eastern Dist of PA
-2-
twowt HOROTI7, LEON
Oete of Deposit ion
02/01/82
Com Copt ion
Docket Mo.
Court
Crabowski, Louis v. Turner 1 Nowall, et al.
78-5046
U.S.D.C. for the Eastern Dist of PA
Ciredi, Anthony v. Turner 78-1967 t Newall, at al.
U.S.D.C. for the Dstern Dist of PA
Weisberj, Donald, Esq. 1 May Term
Bushmen, Meyer A. (Tinkers ,1978
Melvin P.) v. Bell
4629
Asbestos Mines, Ltd, at al e
Court of Ccmron Pleas for Philedelphia County
Hayden, Elsie (Jesse) v. Nov. Term Court of Ccmron
Bell Asbestos Mines. Ltd, 1978
Pleas for Phila-
at al.
5624
delphie County
Serratore, Peter v. Bell July Term Court of Ccmron
Asbestos Mines, ltd, at al .1979
Pleas for Phila
5548
delphia County
Coulston, Rosemary E.
60-5250
(Charles) v. Bell Asbestos
Mines, ltd., at al.
Court of Ccmron Pleas for Mont gomery County
Killians, Johnnie v. Bell Aug Term Asbestos Mines, Ltd. at a 1.1960
5710
Court of Ccmron Pleas for Philadelphie County
Maco, Rose Mary (Paul, Sr.580-18537 v. Bel 1 Asbestos Mines,
Ltd., et al.
Court of Canton Pleas for Mont
gomery County
Barnes, Edward v. Bell Asbestos Mines, Ltd., et
al.
Dec Term I960
4429
Court of Ccmron Pleas for Philedelphia County
Bailey, Warden K. v. Bell May Term Asbestos Mines, Ltd., et 1981
al. 1675
Court of Ccmron Pleas for Phi la
de 1 phi a County
Dixon, William R. v. Bell Oct Term Asbestos Mines, Ltd., et 1981
al. 2874
Court of Common Pleas for Phila delphia County
Catkins, Pauline (Alfred) 60-12774 v. Bel 1 Asbestos Mines,
Ltd., et el.
Court of Ccmron Pleas for Mont gomery County
Deponent okv;t7, lfon * KAAS, LESTER F. H0R0WIT2, LEON D. HACERS, WILLIAM
HcCINlEY, JOHN P. McCINLET, JOHN P.
Dete of Deposition' 02/02/82 04/05/80
06/50/80 06/15/79
05/06/80 05/20/80
Cast Caption
Oocket No.
Court
All Cam as listed in Horowitz Deposition of 02/01/82 above.
See Above See Above
All Cases as Listed in
See Above
in Hartron Deposition of
04/02/79 Pius the Following:
79-1525, 79-4557, 79-4558,
79-4541, 79-4559, 79-4540,
79-4542, 79-2715. 78-4172.
79-5690, and 79-5770
U.S.D.C. for the Eastern Dist of PA
Al 1 Cam as listed in Kaas Deposition of 04/05/80 above.
See Above See Above
Berlieb, James H. v. Turner t Newell, et al.
78-1027
U.S.D.C. for the Eastern Dist of PA
Cardamone, Emilio E.
78-1117
v. Turner 1 Newell et al.
U.S.D.C. for the Eastern Dist of PA
HcFadden, John v. Turner 78-1041 l Newell, et al.
U.S.D.C. for the Eastern Dist of PA
Ciradi, Anthony v. Turner 78-1967 t Newell, et al.
U.S.O.C. for the Eastern Dist of PA
Johnson, Clarence v. Turner 1 Newell, et al.
78-464
U.S.D.C. for the Eastern Dist of PA
Amento, Victoria (Joseph) 78-2025 v. Turner l Newell, et al.
U.S.D.C. for the Eastern Dist of PA
Crabowski, Louis v. Turner 78-5046 l Newell, et al.
U.S.D.C. for the Eastern Dist of PA
Al1 Cases as Listed in Hagers Deposition of
06/15/79
See Above See Above
All Cases as Listed in Hagers Deposition of
06/15/79
See Above See Above
-4-
Debonent mcCinlcy, JOHN P. McCinley , John l>. STRIECEL, CHARLES H.
STRIEGEL, CHARLES H.
Oete of Deposition 0C/0S/B6 04/07/87 01/02/85
01/1J/87
Case Caption
Docket No.
Court
Cood, Robert v. CertainTeed
85-1627 H8 U.S.O.C for the >i*t of New Mexico
Washington, Oonna Hayes v. 791-509 Johns-Hanville, at al.
Superior Court of CA, San Fran County
Johnson, Hazel v. Johns- 780-761 Hanville, at al.
Ozena, Millie Emw v. Johns-Hanville, et al.
782-572
Superior Court of CA, San Fran County
Superior Court of CA, San Fran County
Clapper Cases
605286-! Superior Court of CA, Alameda County
68602
Superior Court of CA, Solano County
804416
Superior Court of CA, San Fran County
POLICY PERIOD 7/OI/II-7/O1/03
POLICY no.
ii.-surer
0AL31S4SC;. AEtna (TX k III oniyl
POLICY TV? 5
Product
7/01/01-7/01/03 04GL554SSCA AEtna (Except TX k III)
Product
7/01/03-7/01/03 04AL313970SCA AEtna (TX k 111 only)
Product
7/01/03-7/01/03 04GL337SC7SCA AEtna (Except TX k 111)
Produet
7/01/B3-1/01/03 04AL31StaSCA AEtna (TX k 111 only)
Preduc t
7/01/3 *l/0 l /1 5
O4GL4O3O10SCA AEtna (Except TX k IIZ)
Product
1/01/00-/1/01/00 GLA 1940153
Nat'l Vrv. Produc t
EXHIBIT "C"
PCX OCC/ACC
LIMIT
01 OR COMBINED
AGGREGATE
% laal! 1 3o*B I
looPD
3ooPD
S 1*001 looPO
s 3oo0I looPD
t lautE I looPD
s 3oo01 3ooPD
S looSI 1 3oo0 X
looPD
Soa ?D
S looBl ImPO
s 3ooBX 3ooPD
t 1OO0I looPD
0 3oo0I SooPD
S looll looPD
s 3oo0I SooPD
POLICY PEP. 100 7/01/BI-1/01/B3
POLICY no.
INSURER
0AL313*45C;. AEtna
(TX 4 111 onJy |
POLICY
77?! .
Product
1/01/11-7/01/93 04GL554SSCA AEtna (Except TX 4 111)
Product
7/01/13-1/01/93 04AL3159705CA AEtna (TX 4 111 only|
Product
7/01/92-7/01/93 04CL337441SCA AEtna (Except TX 4 111)
Product
7/01/93-1/01/95 04AL31S999SCA AEtna 1 TX 4 III only)
Product
1/01/93-1/01/95 04GL4 030145CA AEtna (Except TX 4 III)
Product
>1/95-/1/01/94 CLA19401*3
Nat'l Un. Produc t
PCX OCC/ACC
JL IMTT
s laal!
B1 OR COMBINED AGGREGATE
S laaBI
laaPD
3aaP0
< 1**1I IMOPO
s 3bB X
3au*PD
9 lauaBl laaPD
s 3bbBX
laaPD
1 laalt
laaPD
t SbbBX
3bbPD
s laaBI
laaPO
s 3b#B X
laaPD
s lBSI
laaPD
s 3bbBX
3auaP0
* laaBI 1 3BX
IbbPD .
SbbPD
POLICY PEMOO 7/01/13*1/01/14
POLICY no. TnnsLie1*047
itisuncn
Traveler*
POLICY
TYPE
Produe t
7/01/74*7/01/13 TnLllSL 1 7 1 T9 3 3 Traveler* Product
*14
7/01/73-7/01/78 TnLMSL131T922 Travelers Product 874
1/01/78-1/01/77 04 AL2 4 7 S80SCA ACtna
Produe t
7/01/77-1/01/18 04AL347739SCA AEtna
Product
7/01/11-7/01/79 04 C LOO 2 SCA
ACtna
Produet
/01/79-7/01/IO 04CL 1 4 33SCA Aetna
Product
7/01/80-7/01/81 04AL31S*19SCA ACtna
(7X 8 Ml only)
Product
7/01/80-7/01/81 04CL33429SCA ACtna (Except 7.X 8 HI)
Product
pen
OCC/ACC
- tSMT
ii on
COHBIHCD
ACSneCATE
8100.000 II
(each pereon)
8 900*81 8 900aBI
100*PD
lOOaPO
8 300*81 8 AGOaPD
lamBI laaPD
8 300*81 8 SOOaPD
laaBI lauaPO
8 laalI 8 laaPD
laaBI 2aaP0
8 1**81 8 2aaBI
laaPD
, laaPD
8 laaBI 8 IbubPD
2aaBI 2aaP0
8 laaBI 8 lauaPO
2*uaBI laaPD
8 laaBI 8 laaPD
laaBI laaPD
8 laaBI 8 laaPD
laaBI laaPD
folic-/ period
policy ho.
msuns*
POLICY type
7/11/73-7/01/73 TRIISL9 6 19 047 Travelers Produet
7/01/71-7/01/73 TRHS L9 6 1 V 04 7 Travelers Produet
7/01/70-7/01/71 RUSL403 4 7904 Travelers Product
10/1/70-10/1/71 *41-0047*10*0 Liberty Mutual
Product
10/1/69-10/1/70 *41>004 7 8 10*9 Liberty Mutual
Product
7/01/*9-7/01/70 KSL-4030446 Travelers Produc t
7/01/89-7/01/70 R1ISL4 03 7 9 04 Travelers Product
7/01/68-7/01/69 HSL-4030448 Travelers Product
5/15/86-7/01/89 R1ISL4037904
Travelers Produet
a
10/1/88-10/1/69 64 1-00476 1051 Liberty Mutual
0
Produc x
PER
B1 OR
OCC/ACC COMB X HED
LIMIT AOSREGATt
*100BX (each person) *300-61 *300--B1
100-PD 100-PD
*100*61 (each person) B300a>BI *300-61
lOOoPD lOOoPD
SlOOoBI (each person) *300-BI *300-81
100-P0 100-PD
*350-61 SOO-PD
S 3 90--B X SOO-PO
$3*0-61 9OO-P0
a
*350-61 SOO-PD
*100-81 *300-61 3S0-PD SOO-PO
*100-0I* (each person) *300-01 *300-61
100-P0 100-PD
J100-BI S300-BI 350-PD SOO-PO
*100*01 (each person) *300-61 *300-81
100-PD 100-P0
*350-81 *350-61 SOO-PD SOO-PD
fOLTCY PtRlOP POLICY WO.
IUSVRtR
rottev TYT5
7/01/*7-7/0l/6i wsl-4o:o4 Traveler* Product
6/13/67-5/19/6 IUISt:7704 7rvl*n Product
10/l/7-lO/l/66 *41-0047*1097 Liberty Mutual
Product
10/l/*-10/l/7 *41-0047*105* Liberty Mutual
Produet
9/15/56-5/13/57 IUtSt:(7704 Traveler* Produet
10/l/*3-10/l/6 *41-0047*1055 Liberty Mutual
Product
3/13/*3-3/15/ RtJSL377*04 Traveler# Produet
1/01/JS-5/1S/IJ 053*00037*00 t*ployer# Product et Uausau
1/01/54-1/01/55 053500037*0
Enpleyers Produet of Wausau
1/01/63-1/C1/B4 093400037*0
Csployer* Profiuet or Wausau
rtft st on oec/Ace cohbxucd ,, tIHIT fOOWCOTt
1100*51 5300*51 350*PD 900*J>0
9100*61 (eaeh person) 6300*61 5300*51
IOOmPD IOOmPD
5350*61 5 3 90*5 X 900mP9 900*P0
5 350*61 9390*61 IOObPO 500*PD
SlOOoBX (eaeh pe rsen) *300a6X 9300*6 X
100fD IOObPO
S390OBX 5350*51 BOOoPD 900*P0
SlOOoBX (each person] S300BX S300O5X
IOOmPD lOOaPD
5300*51 5300*61 IOObPO IOObPO
5100*51
(eaeh pe rson)
S300*BX 5300*51
35*P0
90*P0
*100*51 (each person)
SSOOiaBX 5300*51
VERIFICATION
I am Assistant Secretary and Senior Counsel of CectainTeed Corporation, a defendant in this action, and have been authorized to make this Verification on their behalf. The attached document is true of my own knowledge, except the matters that are stated therein on information and belief, and as to those matters I believe it to be true.
I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct.
DATED:
1 (PROOF OF SERVICE BY KAIL -- 1013a, 2015.5 C.C.P.)
2 STATE OF CALIFORNIA 3 COUNTY OF SAN FRANCISCO
)
) )
4
5 I an enployed in the aforesaid county; I an over the age of eighteen years and not a party to the within entitled action; ny
6 business address is: 580 California Street, Suite 1400, San
Francisco, California 94104. 7
8 On August 14, 1990, 1990, I served the within:
9 CERTAINTEED CORPORATION'S RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO ALL DEFENDANTS IN REi SOLANO COUNTY COMPLEX
10 ASBESTOS LITIGATION (pursuant to General Order No. 30)
11 on the interested parties in said action, by placing a true copy
12 thereof enclosed in a sealed envelope addressed as follows:
13
8EE ATTACHED MAILING LIST 14
I placed each such envelope, with postage thereon fully prepaid 15 for first-class nail, for collection and nailing at Shield &
Snith, San Francisco, California, following ordinary business 16 practices. I an readily faniliar with the practice of Shield &
Snith for collection and processing of correspondence, said 17 practice being that in the ordinary course of business,
correspondence is deposited in the United States Postal Service 18 the sane day as it is placed for collection.
19
Executed on August 14, 1990 at San Francisco, California.
20
X (State)
I declare under penalty of perjury under the
21 laws of the State of California that the above is true and
correct.
22 ____ (Federal)
I declare that I an enployed in the office of
23 a nenber of the bar of this court at whose direction the service
was nade.
24
25
26
27
28
Alan R. Brayton, Esq. Brayton & Asociates 999 Grant Avenue p. 0. Box 2109 Novato, CA 94948
Berry & Berry 505 - 14th Street, 12th Floor Oakland, CA 94612
Brobeck, Phleger & Harrison One Market Plaza Spear Street Tower, 23rd Floor San Francisco, CA 94105
Hassard, Bonnington, Rogers
& Huber 50 Fremont Street, Suite 3400 San Francisco, CA 94105
Morgenstein & Jubelirer. Federal Reserve Bank Building 101 Market Street, Suite 601 San Francisco, CA 94105
Sullivan, Roche & Johnson 333 Bush Street, 18th Floor San Francisco, CA 94104
Greve, Clifford, et. al. P. 0. Box 2469 Sacramento, CA 95812-2469
Low, Ball & Lynch 601 California Street San Francisco, CA 94108
McCutchen, Doyle, Brown, et al. Three Embarcadero Center San Francisco, CA 94111
Gallava, Brown & Kroesch 501 J Street, Ste. 510 Sacramento, CA 95814-2326
McNamara, Houston, et al. P. O. Box 5233 Walnut Creek, CA 94596
Mendes & Mount Citicorp Plaza 725 S. Figeroa St., Ste. Los Angeles, CA 90017
1990
Anderson, Galloway & Lucchese 1676 N. Calif. Blvd., Ste. 500 Walnut Creek, CA 94596
Lynch, Loofburrow, et al. 505 Beach Street San Francisco, CA 94133
McGlynn, McLorg & McDowell Bayside Plaza 188 The Embarcadero Street Suite 200 San Francisco, CA 94111
Bodkin, McCartney, et al. 707 Wilshire Blvd. 51st Floor Los Angeles, CA 90017-3676
Archer, McComas & Lageson 2033 North Main Street Peri Executive Center, Suite 800 P. 0. Box 8035 Walnut Creek, CA 94596
Knox, Ricksen, et al. 1999 Harrison Street, Ste. 1700 Oakland, CA 94612
Bjork, Fleer, Lawrence 4 Harris 483 Ninth Street Oakland, CA 94607
Gabriel A. Jackson, Esq. 33 New Montgomery Street 18th Floor San Francisco, CA 94105
Finan, White, et al. 150 Spear St., Ste. 1725 San Francisco, CA 94105
Ericksen, Arbuthnot, Paynter & Brown
1944 Embarcadero Oakland, CA 94606
Walsh,
Landels, Ripley & Diamond Hills Plaza 350 Steuart Street San Francisco, CA 94105-1250
Barfield, Dryden & Ruane One California Street, Suite 3125 San Francisco, CA 94111
Glaspy & Glaspy 101 N. Civil Center Drive Suite 245 Walnut Creek, CA 94596
Parichan, Renberg, Crossman & Harvey 2350 W. Shaw Avenue, Suite 130 Fresno, CA 93794
Sedgwick, Detert, et al. One Embarcadero Center 16th Floor San Francisco, CA 94111
Liebman, Reiner & McNeil 3255 Wilshire Blvd., 12th Floor Los Angeles, CA 90010
Walsworth, Franklin, et al. One Montgomery Street West Tower, Ste. 2121 San Francisco, CA 94104
Schell & Delamer p. 0. Box 76954 Los Angeles, CA 90010
McDonald, Perussia & Cullom 635 Sacramento Street Suite 720
San Francisco, CA 94111
Kincaid, Gianunzio, 200 Webster Street, P.O. Box 1828 Oakland, CA 94607
Caudle & Hubert Suite 200
Thelan, Marrin, et al. Two Embarcadero Center San Francisco, CA 94111
Burnhill, Morehouse, et al. P. O. Box 5168 1220 Oakland Blvd. Walnut Creek, CA 94596
Thompson & Michel 3500 American River Dr. Suite 101 Sacramento, CA 95825
Carroll, Burdick l McDonough 44 Montgomery St., Ste. 400 San Francisco, CA 94104
Harrington, Foxx, Dubrow & Center 611 W. Sixth Street, 9th Floor Los Angeles, CA 90017
Popelka, Allard, McCowan & Jones 160 West Santa Clara St., Ste. 1300 San Jose, CA 95115-0036
Wright, Robinson, et al. 101 California St., 19th Floor San Francisco, CA 94111
1
Kinsella, Boesch, et al. 1875 Century Park East, Suite 1600 Los Angeles, CA 90067
Bronson, Bronson fit McKinnon 100 B Street, Suite 400 Santa Rosa, CA 95401
Tarkington, O'Connor & O'Neill One Market Plaza Spear Street Tower, Suite 4100 San Francisco, CA 94105
Cyril & Crowley 456 Montgomery St., 17th Floor San Frnacisco, CA 94104
Tolpegin, Imai & Tadlock One Post St., Ste. 2400 San Francisco, CA 94104
Latham & Watkins 555 S. Flower St. Los Angeles, CA 90071
Hyde & Forsblad 1850 Mt. Diablo Blvd., Ste. 300 Walnut Creek, CA 94596
Corrigan & Burnett So. Pacific Bldg. One Market Plaza, Ste. 200 San Francisco, CA 94105
Graham & James One Maritime Plaza Suite 300 San Francisco, CA 94111
Branson, Fitzgerald, et al.
P. O. Box 2189 643 Bair Island Rd., Ste. 400 Redwood City, Ca 94064
Giles fc Nicora 1900 Embarcadero #201A Oakland, CA 94606
Law offices of Richard J. Hildegrandt 757 W. 6th Street San Pedro, CA 90731
Pond, Shjeflo 6 Wohl 1730 S. Elcamino Real 6th Floor San Mateo, CA 94402
Mark Grant Union Pacific Railroad 1416 Dodge St., Rm. 908 Omaha, NE 68179
Joseph A. Mecia BHP Utah International 550 California Street San Francisco, CA 94104
Bennett, Saumuelsen, et al. 1951 Webster St., Ste. 200 Oakland, CA 94612
Gordon & Rees Embarcadero Center West
275 Battery St., 20th Floor San Francisco, CA 94111
Clapp, Moroney, Bellagamba, Davis & Vucinich 4400 Bohannon Drive, Suite 100 Menlo Park, CA 94025
Tomlinson, Zisko, Morosoli & Maser
480 California Avenue, Suite 205 Palo Alto, CA 94306
Hardin, Cook, Loper, Engel t Bergez
1999 Harrison St., 18th FI. Oakland, CA 94612
i
Glaspy & Glaspy Three Embarcadero Center Suite 1400 San Francisco, CA 94111
In Re: Comples Axbestos Solano County Proof of Service 9/89