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NO. 87-16077-H JO ANN MAPLES, Individually and as Personal Representative of the Heirs and Estate of THOMAS D. MAPLES, Deceased, et al VS. ARMSTRONG WORLD INDUSTRIES, INC., et al IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 160TH JUDICIAL DISTRICT DEFENDANT 0WEN8-C0RNING FIBERGLAS CORPORATION18 SUPPLEMENTAL RESPONSE TO PLAINTIFFS * SECOND SET OF INTERROGATORIES COMES NOW, OWENS CORNING FIBERGLAS CORPORATION, by counsel and makes the following Interrogatory responses. Respectfully submitted, BAILEY AND WILLIAMS By: jZ C. EDWARD FOWLER, JR. / State Bar No. 07328000 3500 NCNB Plaza 901 Main Street Dallas, Texas 75202-3714 214/939-3300 Fax #214/939-3375 Attorney for Defendant, Owens-Corning Fiberglas Corporation CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document has been hand delivered to plaintiffs' counsel of record on this the 26th day of September, 1990. C. EDWARD FOWLER, JR. NO. 87-16077-H JO ANN MAPLES/ Individually and as Personal Representative of the Heirs and Estate of THOMAS D. MAPLES/ Deceased/ JOE C. BEDWELL and ETHEL BEDWELL/ JOSEPH W. COLLIER and CHRISTINE COLLIER/ JERRELL D. BAKER and LINDA MARIE BAKER/ JIMMY M. RUSHING and JULIA RUSHING Plaintiffs , Versus ARMSTRONG WORLD INDUSTRIES/ INC./ et al. Defendants. IN THE DISTRICT COURT OF DALLAS COUNTY/ TEXAS 160th JUDICIAL DISTRICT OWENS CORNING FIBERGLAS CORPORATIONS SUPPLEMENTAL RESPONSE TO PLAINTIFFS' SECOND SET OF INTERROGATORIES Defendant Owens-Corning Fiberglas Corporation ("OCF"), by counsel/ supplements its response to plaintiffs/ Second Set of Interrogatories/ as follows: INTRODUCTORY STATEMENT AND OBJECTIONS Plaintiffs seek information which in many instances is contained in numerous files and records. Further/ certain of these interrogatories may call for the collection of information from OCF offices located in various parts of the United States. Therefore, OCF has responded on the basis of the best information now available to it. Subsequent investigation may reveal additional information relevant to these interrogatories and lead to a supplemental response. It is also noted that persons who are not now officers, directors or managing agents of OCF may have information relevant to the subject matter of these requests, and OCF is not purporting in the following responses to be giving the response of any such persons. OCF's responses are made without in any way waiving: (1) the right to object on the grounds of competency, relevancy and materiality, hearsay or any other proper ground to the use of any such information, for any purpose, in whole or in part, in any subsequent stage or proceeding in this action or any other action; and (2) the right to object on any and all grounds, at any time, to any other discovery procedure involving or relating to the subject matter of these interrogatories. Furthermore, to the extent that these interrogatories seek information concerning injury or disease other than those allegedly experienced by plaintiffs herein or concerning asbestos-containing products other than those to which plaintiffs allegedly were exposed, OCF objects on the grounds that such information is beyond the proper scope of discovery and is not reasonably calculated to lead to the discovery of admissible evidence. To the extent these interrogatories are not limited in time to the years that OCF manufactured and/or sold asbestoscontaining products, OCF objects on the grounds that these interrogatories are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. OCF also objects to these interrogatories to the extent that they seek information which is protected from discovery as -2- attorney work-product, attorney-client communications, protected by the right to privacy, any other applicable privilege or material which is considered to be proprietary and trade secret. Incorporating the above objections into each response, OCF responds as follows: INTERROGATORY NO. 1: For each document listed below, please answer whether such document is a true and correct duplicate of a genuine and authentic document: EXHIBIT NO. DESCRIPTION BATES NUMBER (o) K-388 Owens-Corning Fiberglas memo dated 8/2/66 to A.S. Kevlin, New York, from O.W. Pfeifer, Granville, with cc's to Edwards, Hardwick, McEvoy, Mason, Vyverberg & Wilson (2 pages) SUPPLEMENTAL RESPONSE NQ. Ho): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (p) K-389 Memorandum for the Record dated 11/8/66 to F.H. Edwards-Toledo, A.S. Kevlin-New York & J.F. VyverbergNew York from Wayne Johnson-New York (1 page) * SUPPLEMENTAL RESPONSE NO. lfp): OCF states that the exhibit described above cannot be located within plaintiffs' exhibits. -3- (q) K-390 Memo re Kaylo Research & Development dated 11/14/66, to J.F. Vyverberg, New York, with copy to Central Files, from R.F. Shannon, Granville (1 page) SUPPLEMENTAL RESPONSE NO. HaV: OCF states that the exhibit described above cannot be located within plaintiffs' exhibits. (r) K-391 Owens-Corning Fiberglas Intra Company Correspondence dated 11/18/66 to F.H. Edwards-Toledo from Wayne Johnson-New York, with cc's to Briley and Ladd (1 page) SUPPLEMENTAL RESPONSE NO. l(r)_: OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (s) K-355 Minutes of the Health and Safety Committee of NIMA dated December 12, 1966 (2 pages) 42 103 0915-0916 SUPPLEMENTAL RESPONSE NO. lie): - OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. -4- (t) K-371 Letter dated 8/17/67 to Lewis Cralley, from Lee Grant with cc's to John Vyverberg with attachment: "Fiber Glass and the National Economy." (3 pages) 42-013 0931-0933 SUPPLEMENTAL RESPONSE NO. 1ft): OCF states that plaintiffs'' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (u) K-356 Minutes of the Occupational Health and Safety Committee meeting of NIMA dated 10/10/67 (2 pages) 42 013 0934-0935 SUPPLEMENTAL RESPONSE.NQ,_ LLul: OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (v) K-375 Memo dated 2/23/68 by R.F. Shannon re meeting at Johns-Manville, Manville New Jersey; Subject: Filger Press Process-Manufacture of Calcium Silicates (6 pages) SUPPLEMENTAL-RESPONSE NO. lfv): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit -5- stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (w) K-376 Owens-Corning Fiberglas Corp. Intra Company Correspondence dated 3/12/68 to Grant from Hardwick re: Analysis of Concept J-M Filter Press (9 pages) SUPPLEMENTAL RESPONSE NO. l(w): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (x) K-358 Minutes of the Health & Safety Committee and Duct Systems Committee of NIMA dated 3/13/68 (2 pages) SUPPLEMENTAL RESPONSE NO, lfx): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (y) K-357 ' Minutes of the Occupational Heath & Safety Committee meeting of NIMA dated 3/13/68 (2 pages) 42 013 0938-0939 -6- SUPPLEMENTAL RESPONSE NO.__l(v): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (z) K-197 Memorandum from W.C. Taylor to M. Hardwick re: Crocidolite Asbestos, dated April 10, 1968 (1 page) 01 025 0202 SUPPLEMENTAL RESPONSE NQ. l(z): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (aa) K-198 Memorandum from J.L. Konzen to 02 417 0002-0003 J.H. Thomas re: The Academy of Sciences Working Group on Insulation Industrial Hygiene, dated May 27, 1968 (2 pages) . SUPPLEMENTAL RESPONSE NO. lfaa): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. -7- (bb) KB-12 Kaylo & Kaylo 20 Pipe Insula- 42 012 0814-0187 tions, dated July, 1968 (4 pages) SUPPLEMENTAL RESPONSE NO. lfbb): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (cc) K-381 Memo for the Record dated 07/03/68 re meeting on the Health Aspects of Fibrous Glass (1 page) 33 104 1344 SUPPLEMENTAL RESPONSE NO. lfcc): ' OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (dd) K-359 INSULATION NEWSLETTER 02 401 0485-0486 published by NIMA, August 1968, Vol. 3, No. 2 (2 pages) EESEflHSE-MCL.. Kflfll: OCF objects to plaintiffs' Exhibit (dd) on the grounds that it is protected from discovery as attorney-client communications and/or attorney work product. OCF also objects to plaintiffs' Exhibit (dd) on the grounds that it is incomplete. -8- (ee) K-360 Letter dated 8/14/68 to J.M. Briley from J.L. Konzen (2 pages) 02 417 0013-0014 RESPONSE NO. l(ee): OCF objects to plaintiffs' Exhibit (ee) on the grounds that it is protected from discovery as attorney-client communications and/or attorney work product. Without waiving its objections, OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (ff) K-382 Owens-Coming Fiberglas IntraCompany correspondence dated 8/16/68 to R.S. Grant from John Vyverberg re Berlin-Dust Conditions (1 page) 01 036 1823 SUPPLEMENTAL RESPONSE NO. ltff): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear- on the original of this document. (gg) KB-50 Owens-Corning Fiberglas Kaylo - Pipe Insulation Brochure, Mechanical Piping Systems 2.5, January, 1969 (2 pages) 01 098 0208-0209 -9- SUPPLEMENTAL RESPONSE NO. LLqql: OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (hh) K-361 Minutes of the Heatlh & Safety Committee Meeting and Duct Systems Committee Meeting of NIMA dated 1/15/69 (4 page) 42 013 0944-0947 SUPPLEMENTAL RESPONSE NO. lfhtll: OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (ii) K-377 Owens-Corning Fiberglas Intra Company Correspondence dated 4/21/69 to Schuman from Shannon re Nadinsulan (2 pages) SUPPLEMENTAL RESPONSE NO. lfiil: - OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. -10- (jj) K-231 Special Hazrds Survey 42 007 0020-0024 prepared for Owens-Corning by Aetna, subject: Industrial Hygiene Survey, October 30, 1969 (5 pages) SUPPLEMENTAL RESPONSE NO. OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (kk) KB-48 Owens-Corning Fiberglas Kaylo 08 005 0496-0497 10 & Kaylo 20 Block Insulation Brochure, Commercial D.12, Industrial D.39, March, 1970 (2 page) SUPPLEMENTAL RESPONSE NO. lfkk): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (11) K-362 Aetna Life & Casualty Co. 02 401 0450-0452 Report of Occupational Disease Survey for Owens-Corning Fiberglas by E.B. Engel dated April 17, 1970 (3 pages) SUPPLEMENTAL RESPONSE NO. 1(11): OCF objects plaintiffs' Exhibit (11) on that grounds that it is protected from discovery as attorney-client communications -11- and/or attorney work product- OCF further objects to plaintiffs' Exhibit (11) as it is incomplete. (mm) KB-49 Owens-Corning Fiberglas Kaylo 10 STS Block Insulation, Pub. No.1-1N-4274-B, June, 1970 08 005 0502-0503 (2 pages) SUPPLEMENTAL RESPONSE NO. l(mm): OCF states that plaintiffs' exhibit as described above is a true and correct duplicate of a genuine and authentic document found in the files of OCF, except insofar as it contains exhibit stickers, handwriting, marginalia and other marks which do not appear on the original of this document. (nn) K-363 Letter dated 7/24/70 to Jon 02 401 0438-0447 Konzen from George Clayton with attachment: Industiral [sic] Hygiene and Ventilation Survey, OCF, Berlin, NJ (10 pages) SREBLEMENTAL RESPONSE NO. Unn): OCF objects to plaintiffs' Exhibit (nn) on the grounds that it is protected from discovery as attorney-client communications and/or attorney work product. OCF further objects to plaintiffs'. Exhibit (nn) as it is incomplete. INTERROGATORY NO. 2: For each document listed below, please answer whether such document was kept and/or received and/or generated in the regular course of a regularly conducted business activity of OCF. EXRIBIT NO. DESCRIPTION BATES NUMBER -12- (o) K-388 Owens-Corning Fiberglas memo dated 8/2/66 to A.S. Kevlin, New York, from O.W. Pfeifer, Granville, with cc's to Edwards, Hardwick, McEvoy, Mason, Vyverberg & Wilson (2 pages SUPPLEMENTAL RESPONSE NO. 2 fo): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (p) K-389 Memorandum for the Record dated 11/8/66 to F.H. Edwards-Toledo, A.S. Kevlin-New York & J.F. VyverbergNew York from Wayne Johnson-New York (1 page) SUPPLEMENTAL RESPONSE N0._21p): OCF states that the exhibit described above cannot be located within plaintiffs' exhibit. (q) K-390 Memo re Kaylo Research & Development dated 11/14/66, to J.F. Vyverberg, New York, with copy to Central Files, from R.F. Shannon, Granville (1 page) SUPPLEMENTAL RESPONSE NO. 2(a) z OCF states that the exhibit described above cannot be located within plaintiffs' exhibit. (r) K-391 Owens-Corning Fiberglas Intra Company Correspondence dated 11/18/66 to F.H. Edwards-Toledo from Wayne Johnson-New York, with cc's to Briley and Ladd (1 page) -13- SUPPLEMENTAL RESPONSE NO. 2LrA : OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCP in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (s) K-355 Minutes of the Health and Safety Committee of NIMA dated December 12, 1966 (2 pages) 42 103 0915-0916 SUPPLEMENTAL RESPONSE NO. 2(s); OCF states that the original of plaintiffs' exhibit described above was received and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not generated by OCF in the regular course of a regularly conducted business activity of OCF. (t) K-371 Letter dated 8/17/67 to Lewie Cralley, from Lee Grant with cc's to John Vyverberg with attachment: "Fiber Glass and the National Economy." (3 pages) 42-013 0931-0933 SUPPLEMENTAL RESPONSE NO^ 2ft): OCF states that the original of plaintiffs' exhibit described above was received and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. -14- (u) K-356 Minutes of the Occupational Health and Safety Committee meeting of NIMA dated 10/10/67 (2 pages) 42 013 0934-0935 SUPPLEMENTAL RESPONSE NO. 2(u): OCF states that the original of plaintiffs' exhibit described above was received and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not generated by OCF in the regular course of a regularly conducted business activity of OCF. (v) K-375 Memo dated 2/23/68 by R.F. Shannon re meeting at Johns-Manville, Manville New Jersey; Subject: Filger Press Process-Manufacture of Calcium Silicates (6 pages) SUPPLEMENTAL RESPONSE NO. 2(v): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (w) K-376 Owens-Corning Fiberglas Corp. IntraCompany Correspondence dated 3/12/68 to Grant from Hardwick re: Analysis of Concept J-M Filter Press (9 pages) * SUPPLEMENTAL^ RESPONSE NO. 2(w): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF -15- states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (x) K-358 Minutes of the Health & Safety Committee and Duct Systems Committee of NIMA dated 3/13/68 (2 pages) SUPPLEMENTAL RESPONSE NO. 2(x): OCF states that the original of plaintiffs' exhibit described above was received and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not generated by OCF in the regular course of a regularly conducted business activity of OCF. (y) K-357 Minutes of the Occupational Heath & Safety Committee meeting of NIMA dated 3/13/68 (2 pages) 42 013 0938-0939 SUPPLEMENTAL RESPONSE NO. 2(v): OCF states that the original of plaintiffs' exhibit described above was received and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not generated by OCF in the regular course- of a regularly conducted business activity of OCF. (z) K-197 Memorandum from W.C. Taylor to M. Hardwick re: Crocidolite Asbestos, dated April 10, 1968 (1 page) 01 025 0202 -16- SUPPLEMENTAL .RESPONSE NO. 2(z): OCP states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (aa) K-198 Memorandum from J.L. Konzen to 02 417 0002-0003 J.H. Thomas re: The Academy of Sciences Working Group on Insulation Industrial Hygiene, dated May 27, 1968 (2 pages) SUPPLEMENTAL RESPONSE NO. 2(aal: OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (bb) KB-12 Kaylo & Kaylo 20 Pipe Insula- 42 012 0814-0187 tions, dated July, 1968 (4 pages) SUPPLEMENTAL RESPONSE NO. 2fbb): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. -17- (cc) K-381 Memo for the Record dated 07/03/68 re meeting on the Health Aspects of Fibrous Glass (1 page) 33 104 1344 SUPPLEMENTAL RESPONSE. NO. 2(cc): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (dd) K-359 INSULATION NEWSLETTER SUPPLEMENTAL--RESPONSE NO. 2fdd): 02 401 0485-0486 published by NIMA, August 1968, Vol. 3, No. 2 (2 pages) OCF objects to plaintiffs' Exhibit (dd) on the grounds that it is protected from discovery as attorney-client communications and/or attorney work product. OCF also objects to plaintiffs' Exhibit (dd) on the grounds that it is incomplete. (ee) K-360 Letter dated 8/14/68to J.M. Briley from J.L. Konzen (2 pages) 02 417 0013-0014 SUPPLEMENTAL RESPONSE NO. 2 fee): OCF objects plaintiffs' Exhibit (ee) on the grounds that it is protected- from discovery as attorney-client communications and/or attorney work product. Without waiving its objections/ OCF states that the original of plaintiffs' exhibit described -18- I above was not received, generated or kept by OCF in the regular course of a regularly conducted business activity of OCF. (ff) K-382 Owens-Corning Fiberglas IntraCompany correspondence dated 8/16/68 to R.S. Grant from John Vyverberg re Berlin-Dust Conditions (1 page) SUPPLEMENTAL RESPONSE NO. 2fff): 01 036 1823 OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (gg) KB-50 Owens-Corning Fiberglas Kaylo Pipe Insulation Brochure, Mechanical Piping Systems 2.5, January, 1969 (2 pages) 01 098 0208-0209 SUPPLEMENTAL RESPONSE NO. 2(qq): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF . states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (hh) K-361 Minutes of the Heatlh & Safety Committee Meeting and Duct Systems Committee Meeting of NIMA dated 1/15/69 (4 page) 42 013 0944-0947 -19- SUPPLEMENTAL RESPONSE NO. _2(hh): OCF states that the original of plaintiffs' exhibit described above was received and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not generated by OCF in the regular course of a regularly conducted business activity of OCF. (ii) K-377 Owens-Corning Fiberglas Intra Company Correspondence dated 4/21/69 to Schuman from Shannon re Nadinsulan (2 pages) SUPPLEMENTAL RESPONSE NO. 2(ii): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (jj) K-231 Special Hazrds Survey 42 007 0020-0024 prepared for Owens-Corning by Aetna, subject: Industrial Hygiene Survey, October 30, 1969 (5 pages) SUPPLEMENTAL RESPONSE NO. 2 Mil: - OCF states that the original of plaintiffs' exhibit described above was received and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not generated by OCF in the regular course of a regularly conducted business activity of OCF. -20- (kk) KB-48 Owens-Corning Fiberglas Kaylo 08 005 0496-0497 10 & Kaylo 20 Block Insulation Brochure, Commercial D.12, Industrial D.39, March, 1970 (2 page) SUPPLEMENTAL RESPONSE NO. 2(kk): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (11) K-362 Aetna Life & Casualty Co. 02 401 0450-0452 Report of Occupational Disease Survey for Owens-Corning Fiberglas by E.B. Engel dated April 17, 1970 (3 pages) SUPPLEMENTAL-RESPONSE NO. 2 f11): OCF objects to plaintiffs' Exhibit (11) on the grounds that it is protected from discovery as attorney-client communications and/or attorney work product. Without waiving its objections, OCF states that the original of plaintiffs' exhibit described was not received, generated or kept by OCF in the regular course of a regularly conducted business activity of OCF. . (mm) KB-49 ' Owens-Corning Fiberglas Kaylo 10 STS Block Insulation, Pub. No.1-1N-4274-B, June, 1970 08 005 0502-0503 (2 pages) SUPPLEMENTAL RESPONSE NO. 2(mm): OCF states that the original of plaintiffs' exhibit described above was generated and kept by OCF in the regular -21- course of a regularly conducted business activity of OCF. OCF states that this document was not received by OCF in the regular course of a regularly conducted business activity of OCF. (nn) K-363 Letter dated 7/24/70 to Jon 02 401 0438-0447 Konzen from George Clayton with attachment: Industiral l sic] Hygiene and Ventilation Survey, OCF, Berlin, NJ (10 pages) SUPPLEMENTAL RESPONSE NO. 2fnn): OCF objects to plaintiffs' Exhibit (nn) on the grounds that it is protected from discovery as attorney-client communications and/or attorney work product. Without waiving its objections, .OCF states that the original of plaintiffs' exhibit described above was not received, generated or kept by OCF in the regular course of a regularly conducted business activity of OCF. -22-