Document Neym61nrxgj0zaK7Qbp5OMgZp
2MIAINT1FFS 1 tlpixHiBirfe
2
DAVID C. ANDERSON, ESQ. ROPERS, MAJESKI, KOHN,
3
BENTLEY, WAGNER & KANE 670 Howard Street
4
San Francisco, California 94105 (415) 573-4800
5 Attorneys for Rome Cable Corporation
6
7 SUPERIOR COURT CALIFORNIA
8 COUNTY OF SAN FRANCISCO
9
10 IN RE: COMPLEX 11 ASBESTOS LITIGATION
) )
) )
ROME CABLE CORPORATION'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORIES
12
13 Defendant Rome Cable Corporation ("Rome") hereby 14 responds and objects to Plaintiff's Standard Interrogatories 15
(the "Interrogatories"):
16 17 I 18 General Objections 19 1. Rome objects to the Interrogatories on the ground 20 that it was not a party to any action in San Francisco Superior 21 Court on June 21, 1985 when General Order No. 29 was issued and 22 did not receive'notice of the application for consolidated 23 discovery and has had no opportunity to be heard with regard to 24 that order or the form of discovery propounded under it. In 25 addition, the Civil Discovery Act of 1986, C.C.P. Section 2016 261 et. seq. (the "Civil Discovery Act"), which became effective on
27
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SC-ELEC-10055
July 2, 1987, superceded General Order No. 29. Thus, Rome objects to the Interrogatories to the extent that they do not comply with the Civil Discovery Act or are in violation of the Order Amending General Order No. 43.
2. Rome further objects on the ground that the Interrogatories together with their subparts exceed the statutory number permitted by C.C.P. 2030(c) and plaintiffs have not attached to the Interrogatories a Declaration for Additional Discovery pursuant to C.C.P. 2030(c)(3).
3. Rome further objects to each Interrogatory insofar as any of them purport to require information outside the possession, custody or control of Rome.
4. Rome further objects to the "Definitions" which preface the Interrogatories on the ground that they do not comply with the requirement of C.C.P. 2030(c)(5).
5. Rome further objects to the defined terms within each question on the ground that by inclusion of such terms, the question is not full and complete in and of itself and therefore violates C.C.P. 2030(c)(5).
6. Rome further objects to the Interrogatories to the extent that they contain subparts, or are disjunctive, conjunctive, or compound questions, in violation of C.C.P. 2030(c)(5) .
7. Rome further objects to the Interrogatories to the extent that, considering the Rome products to which plaintiff or plaintiff's decedent has alleged exposure, if any, they are overbroad as to time or geography and therefore seek
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information which is irrelevant to the subject matter of this 1
action and not reasonably calculated to lead to the discovery
2
of admissible evidence.
3
8. Rome further objects to the Interrogatories to
4
the extent that they seek information concerning products other
5
than the products to which plaintiff or plaintiff's decedent
6
has' alleged exposure and therefore seek information which is
7
irrelevant to the subject matter of this action and not 8
reasonably calculated to lead to the discovery of admissible
9
evidence.
10
9. Rome further objects to the Interrogatories to
11
the extent that they seek "corporate knowledge" because it is
12
impossible for Rome to set forth the collective knowledge of
13
all of its past and present employees. Such Interrogatories
14
are unjustly burdensome and oppressive. The information
15
provided in response to the Interrogatories has been assembled
16 17 by employees and counsel of Rome. It is not possible to state
that all information responsive to the Interrogatories has been
18 19 discovered. Investigation continues and Rome reserves the
right to revise, correct, supplement and amend its responses to 20
provide information subsequently discovered. 21
Rome does not waive any objection it may have whether 22
23 or not asserted herein to any of the Interrogatories or to the 24 admission of the Interrogatories or Rome's responses thereto at
trial.
25 26 The foregoing General Objections are specifically made 27 a part of and incorporated by reference into each of the 28 responses set forth below.
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1
ii
2
Interrogatory No. 1
3
With respect to the individual verifying these answers
4 on your behalf, state the following:
5 (a) Their name;
(b) Their present business address;
6 (c) Their present job title;
(d) Their date of first employment with you, and the
7 dates and titles of each job position they have
held while they were employed by you.
8
Answer:
9
See General Objections. Without waiving its 10
objections, Rome responds: 23
(a) Francis E. LaGase.
12
(b) Rome Cable Corporation, 421 Ridge Street, Rome,
13
New York.
14
(c) Manager - Product Engineering.
15
(d) First employed in June 1960.
16
1960-1963 - Product Engineer;
'
17
1969-1970 - Senior Product Engineer
18
1970-1975 - Manager, Communication and
19
Instrumentation
.
20
1975-1985 - Product Engineer Manager 21
1985-present - Manager, Product Engineering
22!
23 Interrogatory No. 2
24 Please state whether or not you are a corporation, and
25
if so, state: (a) Your correct corporate name;
(b) Your state of incorporation;
26 (c) The date of your incorporation;
(d) The address of your principal place of business;
27
28
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(e) Whether or not you have ever held a certificate of authority to do business in this state, and if so, the inclusive dates of any certificate; (f) Whether or not you have a registered agent for the purpose of accepting service of process in this state, and if so, their name and present address; <g) If you are wholly owned or the majority interest of your company is owned by another business entity, state that entity's name and principal place of business,
Answer: See General Objections. Without waiving its
objections, Rome responds: Yes.
(a) Rome Cable Corporation.
(b) Delaware. (c) On or about May 29, 1979.
(d) 421 Ridge Street, Rome, New York.
(e) Yes, since on or about June 25, 1979. (f) Yes. CT Corporation System, 818 West 7th Street,
Los Angeles, California.
(g) Rome Group, Inc., 421 Ridge Street, Rome, New
York.
Interrogatory No. 3
Have you ever been identified, known, or `done business under any other name? If so, please state such name or names and the time period during which this defendant was so known or identified.
Answer:
See General Objections. Without waiving its
objections, Rome responds: A company known as Rome Cable
Corporation was first organized in or about 1936 as a manufacturer of wire and cable products. ALCOA acquired Rome
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Cable Corporation in or about 1959. Cyprus Mines Corporation 1
purchased Rome Cable Corporation in or about 1967 from ALCOA
2
and changed the name of the company to Cyprus Wire & Cable
3
Company, although the Rome Cable brand name was retained.
4
The current Rome Cable Corporation was incorporated in
5
Delaware on or about May 29, 1979 as RCD Purchase Corp. In or
6
about July 1979, Rome purchased the operating assets of Cyprus
7
Wire & Cable Division of Cyprus Mines Corporation.
8
9
Interrogatory No. 4
10
State whether you have controlled, purchased, or in
11 any way acquired any interest in any corporation or business
entity which has mined, manufactured, produced, processed,
12 compounded, sold, supplied, distributed and/or otherwise placed
asbestos or asbestos-containing products in the stream of
13 commerce, and if so, state:
(a) The name and address of said corporation or
14 business entity;
(b) The dates you controlled, purchased or acquired
15 any interest; and
(c) Set forth the nature of the business as it
16 pertains to asbestos.
17
Answer:
18
19' See General Objections. Without waiving its
20 j objections, Rome responds: No,
.
21 Interrogatory No. 5
22 Since 1930, at any time did you own any shares of
23
stock or otherwise have an ownership interest in a company that either mines, produces, or sells raw asbestos fiber? If the
24
answer is in the affirmative, state the following: (a) The name of such corporation or entity;
25
(b) The date of incorporation or charter; (c) The state or country of incorporation;
26
(d) Each ownership interest owned in each corporation, setting forth any change in such
27
interest; (e) The date such interest was acquired;
28
(f) The date of formation of such corporation or entity;
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(g) The names of all shareholders owning more than 5%
1 of the shares of stock of such corporation;
(h) The date such interest changed or terminated, if
2 applicable;
(i) The name and location of each asbestos mine so
3 owned;
(j) The grade and type of asbestos mined at each mine.
4
Answer:
5
See General Objections. Rome further objects to this
6
Interrogatory on the ground that the term "otherwise have an
7
ownership interest in" is vague and ambiguous. Without waiving 8
its objections, Rome responds: No.
9
10: Interrogatory No. 6
11 Please state the following: (a) The address where the corporate records of this
12' defendant are currently located; and
(b) The name, job title, and current address of the
13 custodian for this defendant's corporate records.
l4; Answer:
15 See General Objections. Without waiving its
16
I
objections, Rome responds:
n\ (a) Rome's corporate records are located at its
18 principal place of business, 421 Ridge Street, Rome, New York,
19 and at the offices of its attorneys, Jacobs Persinger & Parker,
20 77 Water Street, New York, New York.
21 (b) Rome does not have a "custodian of records,"
22 although several employees have the responsibility of filing
23 and maintaining documents prepared or received by various
24 departments. i
25
Interrogatory No. 7
26
Please state whether this defendant, between 1930 and
27 1985, has ever engaged in the following activities with regard
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to raw asbestos fiber, and if so, please state the inclusive 1 dates of such activity:
(a) Mining;
2 (b) Milling;
(c) Supply;
3 (d) Importing;
(e) Processing;
4 (f) Distribution;
(g) Marketing;
5 (h) Sale.
6 Answer:
7 See General Objections. Without waiving its
8 objections, Rome responds: No.
9
Interrogatory No. 8
10
Please state whether this defendant, between 1930 and
11 1985, has ever engaged in the following activities with regard
to asbestos-containing products, and if so, please state the
12 inclusive dates of such activity:
(a) Supply;
13 (b) Importing;
(c) Distribution;
14 (d) Marketing;
(e) Sale;
15 (f) Labelling;
(g) Manufacturing.
16
Answer:
17
"
See General Objections. Without waiving its
18
objections, Rome responds: Rome cannot respond to this
19i
Interrogatory with specificity since manufacturing and sales
20
records do not exist; Rome, however, believes that it 21
manufactured cable products with insulation containing
22
encapsulated and saturated asbestos between 1964 and 1980.
23
24 Interrogatory No. 9
25 If your answer to Interrogatory No. 7 regarding "raw
asbestos fiber" is in the affirmative, please state the
26 following:
(a) The trade, brand name, and/or generic name of
27 each such raw asbestos fiber mined, milled,
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-8-
supplied, distributed, processed, imported,
1 labelled, and/or marketed in any form or quantity
between 1930 and 1985;
2 (b) The date(s) each such raw asbestos fiber was
first placed on the market, including the. date(s)
3 each such raw asbestos fiber was first marketed;
(i) on an experimental basis;
4 (ii) on a test basis; or
<iii) for sale.
5 (c) The date(s) each such raw asbestos fiber;
(i) ceased to be produced; or
6 (ii) was recalled from the market, if ever.
(d) A description of the chemical composition of each
7 such raw asbestos fiber, including the type
and/or grade of asbestos;
8 (e) A description of the physical appearance and
nature of each such raw asbestos fiber, including
9 any color coding, distinctive marking and/or logo;
(f) A detailed description of the intended use of
10 each such raw asbestos fiber, including any
temperature limits for each such use;
11 (g) Whether such raw asbestos fiber was on the U.S.
Government's "Qualified Products List", and if
12 so, the inclusive dates it was on such list;
(h) Whether any of this defendant's "raw asbestos
13 fibers" have, at any time, been sold to any
companies (including power companies or
14 utilities), shipyards, distributors, refineries,
suppliers and/or manufactures in the defined
15 geographic area. If so, please state:
(i) The names of each such company, shipyard,
16 distributor, supplier, manufacturer or
refinery;
'
17 (ii) The inclusive dates of each such sale, and
the amount (volume) and the trade or brand
18 name of each such raw asbestos fiber sold;
(iii) Whether you have any records indicating any
19 such sale and, if so, the name, address and
job classification of each individual who
20 currently has possession of sudh records.
(i) Describe the types of records sufficiently to
21 identify them for discovery purposes which set
forth any of the foregoing information and the
22 custodian thereof (giving name and address) of
23 each such records.
Answer:
24 See General Objections. Without waiving its
25 objections, Rome responds: Not applicable.
26
27
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1 Interrogatory No. 10
2 If your answer to Interrogatory No. 8 regarding
"asbestos-containing products" is in the affirmative, please
3 state the following:
(a) The trade, brand name, and/or generic name of
4 each such asbestos-containing product sold,
supplied, distributed, processed, imported,
5 labelled, manufactured, and/or marketed in any
form or quantity between 1930 and 1985;
6 (b) The date(s) each such asbestos-containing product
was first placed on the market, including the
7 date(s) each such asbestos-containing product was
first marketed:
8 (i) on an experimentalbasis;
(ii)
on a test basis or
9
(iii)
for sale.
(c) The date(s) each such asbestos-containing product:
10 (i) ceased to be produced; or
(ii)
was recalled from the market, if ever.
11 (d) A description of the chemical composition of each
such asbestos-containing product, including the
12 type and/or grade of asbestos and/or asbestos
fiber contained in each such product and the
13 quantitative percentage of asbestos or asbestos
fiber in each such product;
14 (e) A description of the physical appearance and
nature of each such asbestos-containing product,
15 including any color coding, distinctive marking
and/or logo;
16 (f) A detailed description of the intended use of
each such asbestos-containing product, including
17 any temperature limits for each such use;
(g) Whether any such asbestos-containing product was
18 on the U.S. Government's "Qualified Products
List", and if so, the inclusive dates it was on
19 such list;
(h) The name and address of the supplier's of the raw 20 asbestos fiber used in each such product and the
time period of such supply;
21 (i) Whether any of this defendant's
"asbestos-containing products" have, at any time,
22 been sold to any companies (including power
companies or utilities), shipyards, distributors,
23 refineries, suppliers and/or manufacturers in the
defined geographic area. If so, please state:
24 (i) The names of each such company,
shipyard, distributor, supplier,
25 manufacturer or refinery;
(ii)
The inclusive dates of each such sale,
26 and the amount (volume) and the trade
or brand name of each such
27 asbestos--containing product sold;
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11
2 3 4 5
(iii)
Whether you have any records indicating
any such sale and, if so, the name,
address and job classification of each
individual who currently has possession
of such records.
(j) Describe the types of records sufficiently to
identify them for discovery purposes which set
forth any of the foregoing information and the
custodian thereof (giving name and address) of
each such records.
6 Answer:
7 See General Objections. This interrogatory requests
8 information concerning products manufactured during the period
9 1930 through 1985. Because the Interrogatory is not limited to
10 products allegedly used by plaintiff or plaintiff's decedent,
11 and plaintiff has not alleged exposure to any product
12 manufactured by Rome, the information sought is either
13 impossible to ascertain or so burdensome to produce as to
14 render the Interrogatory unjust, harassing, annoying and
15 oppressive. Without waiving its objections, Rome responds:
16 Rome will attempt to provide information for products
17 identified by plaintiff or plaintiff's decedent. Rome believes
18 that between 1964 and 1980 it manufactured small quantities of
19 cable products with insulation containing encapsulated and
20 saturated asbestos. The products included power cables,
21 aluminum conductors and control cables.
22 (b)(i)-(iii) See Answer to Interrogatory No. 10(a).
23
(c)(i)
See Answer to Interrogatory No. 10(a).
24 (c)(ii) See Answer to Interrogatory No. 10(a).
25 (d) It would be unduly burdensome to provide the
26 chemical composition of each asbestos-containing product
27 identified in response to Interrogatory No. 10(a). Moreover,
28
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cable manufactured by Rome was made according to various specifications and therefore without referring to a specific order it is impossible to answer this subpart. Without waiving its objection, Rome responds: Rome will attempt to provide information for products identified by plaintiff or plaintiff's decedent.
(e) It would be unduly burdensome to provide information regarding the "nature" of each of the asbestos-containing products identified in response to Interrogatory No. 10(a). Without waiving its objections, Rome responds: Rome will attempt to provide information for products identified by plaintiff or plaintiff's decedent. In general, all of the asbestos-containing cable identified in response to Interrogatory No. 10(a) was round and black or grey. Certain control and power cables are believed to have had a black jacket printed with a legend.
(f) It would be unduly burdensome to provide detailed information regarding the intended use of each of the asbestos-containing products identified in response to Interrogatory No. 10(a). Without waiving its objection, Rome responds: Rome will attempt to provide this information for products identified by plaintiff or plaintiff's decedent. In general, all of the asbestos-containing products identified in response to Interrogatory No. 10(a) were intended to be used as heat and flame retardant control and power cables. The maximum temperature limit for such use would have been 90C.
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(g) None of the asbestos-containing products 1
identified in response to Interrogatory No. 10(a) were listed 2
on the U.S. Government's Qualified Products List.
3
(h) Rome was not supplied with "raw asbestos" fiber.
4
Rome was supplied with asbestos paper/mylar laminate tape by
5
Chase & Sons, Randolph, Massachusetts and New England Printed 6
Tape Co., Pawtucket, Rhode Island, and with non-fraying
7
asbestos braiding yarn by Raybestos-Manhattan, Inc., 8
Bridgeport, Connecticut.
9
(i) Sales records of the products identified in
10
response to Interrogatory No. 10(a) were not retained.
11
Accordingly, Rome has insufficient information to respond to
12
this subpart.
13
(j) See Answer to Interrogatory No. 10(i) . Rome's
14
plant manufacturing specifications are maintained by Rome's
15
Plant Specification Section, Manufacturing Department, Rome
16
Cable Corporation, 421 Ridge Street, Rome, New York.
17
'
18 Interrogatory No. 11
19 If any of the distributors identified in your answer
to Interrogatory Nos. 9 and 10 above was an exclusive
20 distributorship, please so state and identify the `relevant time
period.
21
Answer:
22
See General Objections. Without waiving its
23
objections, Rome responds: Not applicable. 24
25 Interrogatory No. 12
26
If this defendant entered into any agreements for the
27 rebranding of any asbestos-containing product(s) and/or 28
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material(s) mined, imported, manufactured, sold, distributed,
1 and/or supplied by this defendant for resale or distribution by
another company, describe each agreement's terms and the
2 parties to said agreement, the duration of the agreement, and
name of each product(s) and/or material(s) covered by each such
3 agreement.
4 Answer:
5 See General Objections. Rome further objects to this
6 Interrogatory on the ground that the term "rebranding" is vague
7 and ambiguous. Without waiving its objections, Rome responds:
8 No.
9
Interrogatory No. 13
10
If this defendant entered into any agreements for the 111 rebranding of asbestos-containing products and/or materials
mined, imported, manufactured, sold, distributed, and/or 12 supplied by another company for resale or distribution by your
company. describe each of the agreements and the parties to
13j said agreement, the terms, the duration, and the names of each
product(s) and/or material(s) covered by each such agreement.
141
Answer:
15' See General Objections. Without waiving its
16 objections, Rome responds: Not applicable.
17
Interrogatory No. 14
18
State whether any asbestos used, processed, mined,
19 manufactured, imported, supplied, distributed, labelled, and/or
sold by this defendant was purchased from or acquired from the
20 General Service Administration or any branch or agency of the
United States government during the period 1930 to 1985. If
21 your answer is in the affirmative, state:
(a) The name and address of the agency which supplied
22 the asbestos;
(b) The grade and types of asbestos purchased or
23 acquired;
(c) The quantities of each type of asbestos purchased
24 or acquired annually during the period 1930 to
25
19 85; (d) The means of packaging;
(e) The health warnings, if any, which accompanied
26 each shipment of asbestos, and indicate when said
27 warnings were first made part of the shipments.
28
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1 Answer: See General Objections, Without waiving its
2
objections, Rome responds: No.
3
4 Interrogatory No. 15
5 As to each such asbestos-containing product listed in
defendant's preceding answers to interrogatories, did defendant
6 put on such products or their containers any warning of their
hazards to health by virtue of the asbestos content of such
7 products? If so, state for each such warning:
(a) Each such warning with particularity, with regard 8 to size, color, and location; whether the warning
was contained on the material or on the
9 container; whether the warning was printed,
stamped, and/or placed on a tag; and nature and
10 wording or other content. State whether you have
any photographs thereof;
11 (b) The inclusive date on which you began using each
such warning on each of your asbestos-containing
12 products; and
(c) All changes you made in such warnings and the
13 dates of such changes.
14 Answer:
15 See General Objections. Rome further objects to this
16 Interrogatory on the ground that it is argumentative insofar as
17 it improperly and incorrectly assumes that cable with
18 insulation containing encapsulated and saturated asbestos is
19 hazardous.
20
Interrogatory No. 16
21
22
As to any of the bags of raw asbestos fiber referred to in defendant's preceding answers to interrogatories, did
23
defendant put on such bags any warning of the hazards to health by virtue of the asbestos contained therein? If so, state for
24
each such warning: (a) Each such warning with particularity, with regard
25
to size, color, location, wording or other content; whether the warning was contained on the
26
material or on the container; whether the warning was printed, stamped, and/or placed on a tag
27 attached to the material or container;
28
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1'
2 3 4
(b) The inclusive dates each such warning was issued on your bags of raw asbestos fiber;
(c) All changes you made in such warnings, the dates of such changes, and the inclusive dates of such changes; and
(d) The name, address and job title of each person who presently has possession of samples or documents relating to the above warnings.
5 Answer: 6 See General Objections. Without waiving its
7 objections, Rome responds: Not applicable.
8
Interrogatory No. 17
9
With respect to each of your asbestos-containing
10 products, state whether this defendant's name, a trademark,
logos, color coding, or other identifying markings ever
11 appeared on the actual product itself. If so, identify each
such product, state when the practice to place such identifying
12 markings upon the product was begun and when it ended, if
applicable, and describe in detail the pertinent marking(s) and
13 the purpose, if any, of such markings.
14
Answer:
15
See General Objections. This interrogatory requests
16
information concerning products manufactured during the period
17 18 1930 through 1985. Because the Interrogatory is not limited to
products allegedly used by plaintiff or plaintiff's decedent,
19
and plaintiff has not alleged exposure to any product
20 21 manufactured by Rome, the information sought is either
impossible to ascertain or so burdensome to produce as to
22
render the Interrogatory unjust, harassing, annoying and
23
oppressive. Without waiving its objections, Rome responds:
24 25 Rome will attempt to provide information for products 26 identified by plaintiff or plaintiff's decedent. Rome believes 27 that its products would have had features which identified Rome
28
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as the manufacturer. Such features include marker tape
1
containing the company name, ink print or a legend with the
2
company name on the jacket, or blue and yellow marker threads.
3
4 Interrogatory No. 18
5 Identify all present or former executives, officers,
or other supervisory officials of defendant whose depositions
6 have been taken by plaintiffs, other than those herein, in
cases involving workers or their heirs who are suing this
7 defendant or have sued this defendant for illnesses or injuries
allegedly caused, in whole or in part, by exposure to asbestos
8 dust allegedly created by defendant's asbestos-containing
products and/or raw asbestos fibers. Identify the name of the
9 case, the court of filing, the court docket number, and the
date of the deposition.
10
13 Answer:
12 See General Objections. Without waiving its
13 objections, Rome responds: None.
14
Interrogatory No. 19
15
Between the years 1930 to 1985, did this defendant
16 purchase or otherwise acquire any asbestos-containing product
line from another company? If so, please state for each such
17 purchase:
(a) Date of contract of sale;
18 (b) Terms of purchase and sale agreement, or if you
will do so without a motion to produce, attach a
19 copy of said agreement(s) to your answers;
(c) Trade, brand, and/or generic name of each such
20
product line so acquired;
'
(d) Name of company from whom you purchased each such 21 asbestos-containing product line; and
(e) Location of any manufacturing facilities so
22 acquired, and the type of asbestos products
23 manufactured therein.
Answer:
24
25 See General Objections. Without waiving its
objections, Rome responds: No.
26
27
28
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Interrogatory Ho. 20
Identify all brochures, pamphlets, catalogs or other advertising relating to asbestos-containing products and/or raw asbestos fibers which this defendant manufactured, sold, distributed or supplied from the year 1930 to 1985. For each such document please state:
(a) A description of the document; (b) The year it was printed; (c) The period of time in which it was used; (d) The purpose of such documents; (e) Whether the documents or copies of said document
presently exist; (f) If said documents or copies still exist, where
they are located; and (g) The name, job title, and current address of the
custodian of such documents.
Answer:
See General Objections. This interrogatory requests
information concerning products manufactured during the period
1930 through 1985. Because the Interrogatory is not limited to
products allegedly used by plaintiff or plaintiff's decedent,
and plaintiff has not alleged exposure to any product
manufactured by Rome, the information sought is either
impossible to ascertain or so burdensome to produce as to
render the Interrogatory unjust, harassing, annoying and
oppressive. Without waiving its objections, Romeresponds:
Rome will attempt to provide information for products
identified by plaintiff or plaintiff's decedent.
Interrogatory No. 21
Were any of the raw asbestos fibers identified in Interrogatory No. 9 sold, shipped or distributed to the General Services Administration (GSA)? If so, specify the type of raw asbestos fiber and state the period of time.
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1 Answer:
2 See General Objections. Without waiving its
3 objections, Rome responds: Not applicable.
4
Interrogatory No. 22
5
Were any of the asbestos-containing products
6 identified in Interrogatory No. 10 sold, shipped or distributed
to General Services Administration (GSA)? If so, specify the
7 name of the asbestos-containing products and state the period
of time.
8
9 Answer:
10 See General Objections. Without waiving its
11 objections, Rome responds: Rome has no information or records
12 indicating any such sales.
13 j Interrogatory No. 23
14
Please state if you formed within your corporate
15 structure an entity known as a "contract unit".
16 j Answer:
17
See General Objections. Without waiving its
18
objections, Rome responds: No.
19
20 Interrogatory No. 24
'
21 Please state whether or not any of your "contract
units" were employed in the installation and/or removal of raw
22 asbestos fiber'and/or asbestos-containing products at any time
in the defined geographic area for the years 1930 to 1985. If
23 so, please state:
(a) The inclusive periods of time the contract units
24 were working in the defined geographic area;
(b) The business addresses and names of the contract
25 units;
(c) Any records showing the locations of the jobsites
26 where th contract units worked, and if so,
describe them sufficiently to identify them for
27 discovery purposes, and their present custodian;
28
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(d) Did your contract units work in any shipyards,
1 refineries, power plants, utility companies,
breweries, or other jobsites in the defined
2 geographic area? If so, state the name of those
jobsites and the dates the contract units worked
3 at those jobsites;
<e) For each jobsite listed above, state the type and
4 nature of the work that was done.
5 Answer:
6 See General Objections. Without waiving its
7 objections, Rome responds: Not applicable.
8
Interrogatory No. 25
9
From 1930 to present, did you have insurance against
10 liability for the design, manufacture, distribution and sale of
asbestos-containing products?
11
12 Answer:
13 See General Objections. Without waiving its
14 objections, Rome responds: Yes.
15
Interrogatory No. 26 16
Yl\
If your answer to the preceding interrogatory is in the affirmative, please state:
(a) Name and address of each insurance company;
18 (b) Date and number of each policy;
(c) Limits of each policy, including the deductible;
19 and
20
(d) Name, address and company position of person who
has custody of each policy.
*
21 Answer:
22 See General Objections. Without waiving its
23 objections, Rome responds:
24 (a)-(c) pre - 1979 - unknown
25 CNA - 1979-1980
26 Commercial Union - 1980-1982
27
28
-20-
233 itri*
Liberty Mutual - 1982 - 1987
1
Travelers - 1987 - present
2
(d) Rock E. White, Treasurer,
3
c/o Rome Cable Corporation
4
421 Ridge Street,
5
Rome, New York
6
7
8 DATED: July 24, 1991 9
ROPERS, MAJESKI, KOHN, BENTLEY, WAGNER & KANE
10
11 12 13 14 15 16 17 18 19 20
21
22
23 24
25 26 27
28
-21-
233fvls
1
2
3
4
5
6
7 VERIFICATION
8
9!
i 10 I an the Manager of Product Engineering of Rome Cable
n Corporation. I have read the foregoing Responses to
12 Plaintiff's Standard Interrogatories and know the contents
13 thereof. No single official or employee of Rome Cable
14 Corporation has personal knowledge of all such matters. The
15 information contained herein has been compiled at my direction
16 by counsel for Rome Cable Corporation. 1 am informed and
17 believe all the responses are true and verify the responses on
18 that basis.
19 I declare under penalty of perjury, under the laws of
20 the State of California, that the foregoing is true and correct.
21 Executed this ^2^ day Of July, 1991 at Rome, New
22 York.
23
24
....o
.
25
26
27 Francis E. LaGase
28
DCA0PT-W50 07/24/91-ec
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO:
I am a citizen of the United States. My business address is 670 Howard Street, San Francisco, California. I am employed in the County of San Francisco, where this mailing occurs. I am over the age of 18 years, and not a party to the within cause. On the date set forth below, I served the foregoing document(s) described as:
ROME CABLE CORPORATION'S RESPONSE TO PLAINTIFF'S STANDARD INGERROGATORIES FOR SOLANO COUNTY AND FOR SAN FRANCISCO COUNTY and ROME CABLE CORPORATION'S RESPONSE TO REQUEST FOR PRODUCTION IN THE CASE OF Fontella Thomas v. Abex. et al.
on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows:
Brayton & Associates 999 Grant Avenue P.O. Box 2109 Novato, CA 94947
Attorneys for Plaintiff . . . ..
SEE ATTACHED LIST
[X] (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United hates mail at San Francisco, California.
[] (BY FACSIMILE) I caused such documents to be transmitted by facsimile on this date to the offices of addressee(s).
[] (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices of the addressee (s) .
(X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
[] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
Executed on July 24, 1991, at San Francisco, California.
_____________________ / -Eve Lewis-Chase
-
OCA0PT.U5O 07/24/91-ee
HAILING LIST i'OR ROME CABLE CORPORATION
Anchor Packing Company McNamara, Houston, et al. P.O. BOX 5288 1211 Nevall Avenue Walnut Creek, CA 94596-1288 (415) 939-5330 (415) 939-0203
Dee Engineering Company Walsworth, Franklin & Bevins 580 California St., Ste. 1335 San Francisco, CA 94104 (415)781-7072 (415) 391-6258
Ericsson Radio Systems, Inc. Jedeikin, Green, et al. 300 Montgomery St., Ste. 450 San Francisco, CA 94104 (415)781-7050 (415) 421-5653
Fibreboard Corporation Brobeck, Phleger & Harrison One Market Plaza Spear Street Tower San Francisco, CA 94105 (415) 442-0900 (415) 422-1471
General Electric Company Sedgvck, Detert, et al. One Embarcadero Center 16th Floor San Francisco, CA 94111 (415) 781-7900 (415) 781-2635
General Cable Corporation Hancock, Rothert & Bunshoft Four Embarcadero Center 10th Floor San Francisco, CA 94111-4168 (415) 981-5550 (415) 955-2599
Gladding, McBean & Co. c/o David Lucchetti, President Agent for Service of Process 3001 I Street Sacramento, CA 95816 (916) 444-9304
DCA0OU.U50 07/24/91-ec
DCAOPT.USO
' 07/24/91-ec
W.R. Grace & Company-Conn. Clapp, Moroney, et al. 4400 Bohannan Dr. Menlo Park, CA 94025 (415) 327-1300 (415) 327-3707
W.R Grace & Company-Conn. Gordon & Rees Embarcadero Center West 275 Battery St., 20th Floor San Francisco, CA 94111 (415) 986-8041 (415) 986-8054
Graybar Electric company, Inc. Capps, Staples, et al. P.0. Box 5607 Walnut Creek, CA 94596 (415) 939-4411 (415) 939-5241
Keene Corporation Morgenstein & Jubelirer 101 Market Street 6th Floor San Francisco, CA 94105 (415) 896-0666 (415) 896-5592
Owens-Corning Fiberglas Corp. Popelka, Allard, et al. 160 West Santa Clara Street Suite 1300 San Jose, CA 95113 (408) 298-6610 (408) 275-0814
The Okonite Company, Inc. Jackson, Wallace & Hayden 33 New Montgomery Street, #1840 San Francisco, CA 94105 (415) 974-6600 (415) 974-6770
Pittsburgh Corning Corporation Hassard, Bonnington, et al. 50 Fremont St., Ste. 3400 San Francisco, CA 94105 (415) 543-6444 (415) 543-6401
DCAOQU.USO 07/24/91-ec
OCAOPT.USO 07/24/91-ec
Pacfic Coast Bldg. Products c/o David Lucchetti, president Agent for Service of Process 3001 I Street Sacramento, CA 95816 (916) 444-9304 The Rockbestos Company Bjork, Fleer, et al. 483 Ninth Street Oakland, CA 94607 (415) 832-8134 (415) 832-0461
Waldron, Duffy, Inc. Archer, McComas, et al. P. O. Box 8035 2033 N. Main St., Suite 800 Walnut Creek, CA 94596 Simpson Paper Company c/o Imai, Tadlock & Keeney 180 Montgomery Street #1000 San Francisco, CA 94104 (415) 989-8687
DCAOOU.USO 07/24/91-*e