Document Qg81Gna5Nj3xmgYanmboNbQkL
EUGENE C. BLACKARD, ESQ. (State Bar No. 142090) ARCHER, McCOMAS, BRESLIN, McMAHON & CHRITTON A Professional Corporation 2033 N. Main Street, Suite 800 P. O. Box 8035 Walnut Creek, California 94596 (925)930-6600
Attorneys for Defendant GRAYBAR ELECTRIC COMPANY, INC.
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
10 IN RE:
No. 828684
11 COMPLEX ASBESTOS LITIGATION
12
13
14
/
15
DEFENDANT GRAYBAR ELECTRIC COMPANY, INC/S RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129
16 Defendant, GRAYBAR ELECTRIC COMPANY, INC. ("GRAYBAR") hereby responds to
17
Plaintiffs Interrogatories pursuant to General Order No. 129 as follows. In responding to these
18
interrogatories, responding party has provided such information as is presently available. However,
19
discovery is continuing and responding party reserves the right to introduce such additional evidence or facts
20
as later ascertained, and to present at trial further documentary or oral evidence for analysis not yet obtained
21
or available.
22
INTERROGATORY NO. 1.:
23
24 IDENTIFY the person verifying these answers on YOUR behalf.
25 ///
26 III
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27 III
28
Archer. McComas. Bkesun, McMahon &
CHRITTON
Attoknetk Ar Law Walnut c>cek
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SC-GRAY-5580
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 30i29>
1 RESPONSE TO INTERROGATORY NO. 1:
2 T. F. Dowd Vice President, Secretary and General Counsel
3 34 North Meramec Avenue 4 St. Louis, MO 63105
5 INTERROGATORY NO. 2:
6 State the date of first employment with YOU, and the dates and titles of each job position the person verifying these interrogatories has held while employed by YOU.
7
RESPONSE TO INTERROGATORY NO. 2: 8
Mr. Dowd has been employed from March 1, 1997 to the present
9
10 INTERROGATORY NO. 3:
11 State whether or not YOU are a corporation, and if so, state:
A. YOUR correct corporate name.
12 B. YOUR state of incorporation.
C. The date of YOUR incorporation.
13 D. The address of YOUR principal place of business.
E. Whether or not YOU have ever held a certificate of authority to do business in the State of
14 California, and if so, the inclusive dates of any certificate.
F. If YOU are wholly owned or the majority interest of YOUR company is owned by another
15 business entity, state the entity's name and principal place ofbusiness.
G. Whether YOU have any business offices in California, and if so, YOUR principal place of
16 business in California.
17 RESPONSE TO INTERROGATORY NO. 3:
18
Yes.
19
A. Graybar Electric Company, Inc.
20
B. New York
21
C. December II, 1925
22
D. 34 North Meramec Avenue, Clayton, Missouri
23
24 E. GRAYBAR has been qualified to do business in California since December 11,1925
25 F. GRAYBAR is wholly owned by its employees and retirees
26 G. GRAYBAR has 22 branches in California. Each branch reports independently to corporate
27 offices in Missouri. GRAYBAR has no principal place ofbusiness in California.
28
MAS, 10W El
aW
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES fGO!29>
1 Interrogatory No. 4:
2 Have YOU ever been identified, known, or done business under any other name in the State of
3 California?
4
RESPONSE TO INTERROGATORY NO. 4:
5
No. 6
INTERROGATORY NO. 5:
7
If your answer to Interrogatory No. 4 is in the affirmative, please state such name or names and the 8 time period during which THIS DEFENDANT was so known or identified.
9 RESPONSE TO INTERROGATORY NO. 5:
10 Not applicable
11
Interrogatory No. 6:
12
If YOU are not a corporation, what is YOUR business structure (Partnership, joint venture, sole
13 proprietorship, etc.).
14 RESPONSE TO INTERROGATORY NO. 6:
15 Not applicable.
16 Interrogatoiy No. 7: 17 If YOU are not a corporation, please IDENTIFY all persons or other entities with an ownership 18 interest in YOU.
19 RESPONSE TO INTERROGATORY NO. 7:
20 Not applicable.
21 Interrogatoiy No. 8:
22 23 24
25
26 27 28
MAS. ION &
Ifyou are not a corporation, please state the following: A. The address where the HISTORICAL RECORDS of THIS DEFENDANT ARE currently located; and B. The name, job title and current address of the Custodian for THIS DEFENDANTS HISTORICAL RECORDS. As used herein, "HISTORICAL RECORDS" shall include all DOCUMENTS relating to the formation of THIS DEFENDANT, all minutes of partners', general partners', or other owners' meetings, and all DOCUMENTS this DEFENDANTS merger with, acquisition of or purchase, or sale of or by any other COMPANY.
Ill
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES IG01291
1 RESPONSE TO INTERROGATORY NO. 8:
2 Not applicable.
3 Interrogatory No. 9:
4 IDENTIFY YOUR custodian ofBusiness Records.
5
RESPONSE TO INTERROGATORY NO. 9:
6 Beth Herreid
7 Manager, Corporate Communications
Graybar Electric Company 8 34 North Meramec Avenue
Clayton, Missouri 63105-3882
9
Ms. Herreid maintains the corporate archives.
10
.
11 Interrogatory No. 10:
12 IDENTIFY the person or persons most knowledgeable about:
A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS CONTAINING PRODUCTS;
13 B. YOUR use ofRAW ASBESTOS and/or ASBESTOS CONTAINING PRODUCTS;
C. YOUR contracting with others to do work involving use of handling of RAW ASBESTOS
14 OR ASBESTOS CONTAINING PRODUCTS.
15 16 17 18 19 20 21 22 23 24 25 26 27 28
mas *ON &
RESPONSE TO INTERROGATORY NO. 10:
GRAYBAR identifies Donald Lang as a person most knowledgeable about the information
requested. Mr. Lang was employed by GRAYBAR from 1951 to 1987, and has worked in the following
locations or held the following titles: Warehouse, Counter; Quotations Department; Customer Service
Representative; Sales Representative; Senior Sales Representative; Industrial Market Manager; Power
Apparatus Manager; Branch Manager, Davenport, Iowa. Mr. Lang is currently retired and can be contacted
through GRAYBAR's attorney of record. Archer, MeComas, Breslin, McMahon & Chritton.
Interrogatory No. 11:
For DEFENDANTS involved in the MARKETING of ASBESTOS-CONTAINING PRODUCTS, state the IDENTITY of physicians, medical directors and/or industrial hygienists employed by YOU during the time frame or prior to the time YOU discontinued the marketing of such products. All other DEFENDANTS need only respond as to medical directors and/or industrial hygienists or physicians employed in the area of employee health and safety. PREMISES owners and domestic corporations need only respond as to the United States.
Ill
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES <001291
1 RESPONSE TO INTERROGATORY NO. 11:
2 None.
3 Interrogatory No. 12:
4
Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf of THIS
5 DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, wherein the plaintiff has
alleged an asbestos-related injury? Ifso, for each such third-party case (except that Premises Defendants and 6 Contractor Defendants need answer only with respect to cases relating to sites within the GEOGRAPHIC
AREA) please state:
7 A. the caption and case number
B. The court filing including state and county; 8 C. The date of deposition or trial testimony;
D. The name and address ofplaintiffs counsel ofrecord;
9 E. The name and address of the court reporter.
10 RESPONSE TO INTERROGATORY NO. 12:
11
Yes.
12
Ralph L. Sackett (deceased) testified by deposition in the following matters:
13
1. A.
Walberg v. Fibreboard, Case No. 90-2-00223-5
14
B. Superior Court ofWashington for Kitsap County
15
C. March 30, 1992
16
17
D. Schroeter, Goldmark & Bender, P.S., 500 Central Building, 810 Third Avenue, Seattle, WA 98104
18
E. Venezia Reporting and Video Services, 1017 Olive Street, Suite L-2, St. Louis, MO
19
2. A. W.V. Civil Action 92-C-8888
20
B. Circuit Court ofKanawha County
21
C. August 31, 1993
22
D Henderson & Goldberg, 1030 Fifth Avenue, Pittsburgh, PA 15219
23
24 E. Waller Reporting, Inc., 515 Olive Street, Suite 1506, St. Louis, MO 63101
25 Kevin O'Rourke
26
27
28
MAS, ION & AW
1. A.
C.A. No. 93C-01-119; C.A. No. 94C-07-167; C.A. No. 94C-03-011;. C.A. No. 94C01-49; CA 94C-12-12-274.
B. A court located in the State of Delaware
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES <001291
1 C. August 22, 1995
2 D. Jacobs & Crumplar, P.A., 2 East 7<h Street, Wilmington DE 19801
3 E. Wilkes & McCall, Telephone Number (302) 426-1007
4
Interrogatory No. 13:
5
For each of the following, please state whether, at any time within the time frame or until such time
6 as any defendant which had been engaged in MARKETING RAW ASBESTOS or ASBESTOSCONTAINING PRODUCTS discontinued the MARKETING of such products, THIS DEFENDANT was a
7 member or paid dues for any representative of THIS DEFENDANT (excluding faculty members of
educational institutions) to be a member of the following: 8
A. American Conference ofGovernmental Industrial Hygienists;
9 B. American Industrial Hygiene Association;
C. American Petroleum Institute;
10 D. American Railroad Association;
11 E. Asbestos Cement Producers Association; F. Asbestos Information Association (AIA)(please answer through date of your answers);
12 G. Asbestos Information Association/North American (AIA/NA)(please answer through date
ofyour answers);
13 H. Asbestos Textile Institute (ATI);
I. Industrial Hygiene Foundation and/or Industrial Health Foundation (Off);
14 J. Industrial Mineral Insulation Manufacturers Institute;
K. Magnesia Insulation Manufacturers' Association;
15 L. Magnesia Silica Insulation Manufacturers Association;
M. Mineral Wool Institute;
16 N. National Insulation Manufacturers Association (NIMA);
17
O. National Safety Council; P. New York Academy of Sciences;
18 Q. Quebec Asbestos Mining Association (QAMA);
R. Refractories Institute;
19 S. Safe Building Alliance (please answer through date ofyour answers);
T. Thermal Insulation Manufacturers Association (TIMA);
20 U. U.S. Maritime Commission;
V. IDENTIFY any other organization, associations or groups of manufacturers, miners,
21 distributors, importers, labelers, suppliers, and/or sellers of ASBESTOS-CONTAINING PRODUCTS of
which this DEFENDANT was a member;
22 W. IDENTIFY any such representative ofTHIS DEFENDANT.
23 RESPONSE TO INTERROGATORY NO. 13:
24 A-V. No. 25 W. Not applicable.
26 Interrogatory No. 14;
.
27
28
MAS, ION Sl
AW
For each organization, association or other entity identified in YOUR Response to Interrogatory No. 13, please state:
A. The dates during which THIS DEFENDANT was a member; -6-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES fGOl 291
1 B. The name(s) of any publications) received by THIS DEFENDANT from such association or organization;
2 C. The name ofany committee or subcommittee ofwhich THIS DEFENDANT was a member, and the dates of such committee or subcommittee membership.
3
4 RESPONSE TO INTERROGATORY NO. 14:
5 Not applicable.
6 Interrogatory No. 15:
7 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results or
conclusions of any studies and/or tests conducted by Bonsib for Standard Oil of New Jersey relating to 8 asbestos exposure in the workplace or the human health consequences ofexposure to asbestos? If so:
A. Either (I) attach all DOCUMENTS evidencing the information sought in this Interrogatory
9 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3)
10
describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production ofdocuments.
11 B. State the date upon which THIS DEFENDANT first received such DOCUMENTS;
C. State the IDENTITY ofthe custodian of such DOCUMENTS.
12 D. This interrogatory does not apply to DOCUMENTS contained in a library maintained by a
DEFENDANT hospital or a DEFENDANTS library providing access to the general public.
13
RESPONSE TO INTERROGATORY NO. 15:
14
-
15
No.
Interrogatory No. 16:
16
17
Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies and/or tests conducted by any insurance company, including but not limited to Metropolitan Life Insurance Company
18 and Aetna Insurance relating to asbestos exposure in the workplace or the human health consequences of
exposure to asbestos? If so:
19 A. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory
and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3)
20 describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for
production of documents.
21 B. State the date upon which THIS DEFENDANT first received such DOCUMENTS;
C. State the IDENTITY of the custodian ofsuch DOCUMENTS.
22 D. This interrogatory does not apply to DOCUMENTS contained in a library maintained by a
DEFENDANT hospital or a DEFENDANTS library providing access to the general public.
23
24 RESPONSE TO INTERROGATORY NO. 16:
25 No.
26 Interrogatory No. 17:
.
27
28
MAS. ION &
Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results or conclusions of any studies and/or tests conducted by any laboratory, including but not limited to, the Saranac Laboratory relating to asbestos exposure in the workplace or the human health consequences of exposure to
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 1001291
1 asbestos? if so:
2 A.
Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory and its
subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe
3 such DOCUMENTS with sufficient particularity that they may be made the subject of a request for
4 production of documents.
B. State the date upon which THIS DEFENDANT first received such DOCUMENTS;
5 C. State the IDENTITY of the custodian of such DOCUMENTS. D. This interrogatory does not apply to DOCUMENTS contained in a library maintained by a
6 DEFENDANT hospital or a DEFENDANTS library providing access to the general public.
7 RESPONSE TO INTERROGATORY NO. 17:
8 No.
9 Interrogatory No. 18:
10 Had THIS DEFENDANT (except for a defendant that is an educational institution) prior to 1973 ever 11 maintained a library (or libraries) which contained books, articles, periodicals, journals, and/or reference
materials that related to the subjects of asbestos, industrial hygiene, medicine, safety and/occupational
12 disease. If so, state:
A. The date each such library was established;
13 B. The location of each such library;
C. The IDENTITY of each librarian or other person in charge of such library.
14
RESPONSE TO INTERROGATORY NO. 18:
15
No.
16
17 Interrogatory No. 19:
18 With the exception of OSHA compliance, had THIS DEFENDANT (except for a defendant that is
an educational institution) prior to 1980 exchanged DOCUMENTS or communicated with any person or
19 other COMPANY expressly regarding the results of tests and/or studies relating to asbestos exposure in the
workplace or the human health consequences ofexposure to asbestos? ifso, state:
20 A. Each person or COMPANY with whom the information was exchanged or to whom it was
communicated.
21 B. The date(s) ofany such exchanges or communications;
C. The IDENTITY ofthe custodian of such DOCUMENTS.
22
RESPONSE TO INTERROGATORY NO. 19:
23
24 No.
25 Interrogatory No. 20:
26
27
28
MAS, HON &
Has any employee or designee of THIS DEFENDANT testified as a representative of THIS DEFENDANT before the Occupational Safety and Health Administration, the National Institute of Occupational Safety and Health, or any committee or subcommittee of the United States Congress relating to asbestos exposure in the workplace or the human health consequences ofexposure to asbestos? If so, please state:
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 1G01291
1 A. The entity before whom such testimony was given
B. The date(s) and location(s) of such testimony; 2 C. The IDENTITY of the individual(s) who so testified;
D.
3 given;
Whether any DOCUMENTS were presented to the entity before which testimony was
4 E. Whether copies of DOCUMENTS presented were retained by THIS DEFENDANT and, if
so, state the IDENTITY ofthe custodian of such DOCUMENTS.
5
RESPONSE TO INTERROGATORY NO. 20:
6 No.
7
Interrogatory No. 21: 8
Has THIS defendant (except for a defendant that is an educational institution) conducted, or caused
9 to be conducted, tests, and/or studies of ambient asbestos dust created during the manufacture, processing
and/or assembling for sale ofASBESTOS-CONTAINING PRODUCTS? If so, state:
10 A.
Each manufacturing facility, including location and address, at which any such test and/or study was
11 conducted;
B.
The date ofeach such test and/or study;
12 C. The individuals) or entity conducting each such test and/or study;
D. Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or
13 conclusions ofeach such study;
E. The IDENTITY of the custodian of such DOCUMENTS.
14
RESPONSE TO INTERROGATORY NO. 21:
15
No.
16
17 Interrogatory No. 22:
18 Has THIS DEFENDANT (except for a defendant that is an educational institution) conducted, or
caused to be conducted, any tests and/or studies on ambient asbestos dust levels at any location or job site
19 where ASBESTOS-CONTAINING PRODUCTS were installed, utilized or removed? If so, for the first 5
tests and/or studies, state:
20 A. The location, including name and address, at which each such test and/or study was
conducted.
21 B.
Hie individuals) or entity conducting each such 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 ofeach such test and/or study;
23 E. The IDENTITY ofthe custodian of such DOCUMENTS.
24
RESPONSE TO INTERROGATORY NO. 22:
25
No.
.
26
INTERROGATORY NO. 23:
27
Did THIS DEFENDANT (except for a defendant that is an educational institution) have any
28 laboratory or other similar type of facility anywhere in the United States at which it conducted, or caused to
MAS,
rtON &
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 1001291
1 be conducted, any tests and/or studies of ASBESTOS-CONTAINING PRODUCTS or RAW ASBESTOS
relating to the health consequences of asbestos or the dust generated by any use of asbestos or ASBESTOS2 CONTAINING PRODUCTS. Ifso, state:
A.
3 conducted.
The location, including name and address, at which each such test and/or study was
4 B. The individuals) or entity conducting each such test and/or study;
C. The date of each such test and/or study;
5 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or
conclusions ofeach such test and/or study;
6 E. The IDENTITY ofthe custodian of such DOCUMENTS,
7 RESPONSE TO INTERROGATORY NO. 23:
8 No.
9 INTERROGATORY NO. 24:
10 Has THIS DEFENDANT made available to its employees a medical examination program to 11 determine the absence or presence ofasbestos-related disease? Ifso, state:
A. Whether chest x-rays or pulmonary function tests were part of such program(s);
12 B. Whether participation in any such program was a mandatory condition of employment or
was voluntary;
13 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s);
D. The IDENnTY of the custodian of such DOCUMENTS.
14
RESPONSE TO INTERROGATORY NO. 24:
15
No.
16
17 INTERROGATORY NO. 25:
18 Prior to 1973, did any person file a Workers' Compensation claim for asbestos-related injury against
THIS DEFENDANT or against any Workers' Compensation insurance carrier which provided coverage for
19 THIS DEFENDANT? Ifso, state die total number ofsuch claims and, for the first 20 such claims state:
A. Tie date of such claim.
20 B. The name ofthe claimant;
C. The case number;
21 D. The court in which the claim was filed;
E.
22 claims.
The IDENTITY of THIS DEFENDANTS custodian of DOCUMENTS evidencing such
23 RESPONSE TO INTERROGATORY NO. 25:
24 No.
25
Interrogatory No. 26:
26
Does THIS DEFENDANT have insurance available to cover judgments) entered against it in
27 asbestos-related personal injury lawsuits? If so, state:
A. The name and principal place of business of any insurance carrier who has issued such
28 policy of insurance;
MAS. ION &
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 1001291
1 B. Hie number ad effective date of each policy;
C. The amounts) of coverage ofeach policy; 2 D. The applicable dates ofcoverage
3 RESPONSE TO INTERROGATORY NO. 26:
4
Yes. Royal Insurance Company
5
Years ofCoverage 6
Carrier/Policy Number
7 12/31/64-12/31/65
12/31/65-12/31/68 8 12/31/68-12/31/71
12/31/71-12/31/72
9 12/31/72-12/31/73
10 12/31/73-12/31/74
12/31/74-12/31/75
11 12/31/75-12/31/76
12/31/76- 12/31/77
12 01/01/78-01/01/79
01/01/79-01/01/80
13 01/01/80-01/01/81
14 01/01/81-01/01/82
01/01/82-01/01/83
15 01/01/83-01/01/84
01/01/84-01/01/85
16
RLG 098720 RLG 105640 PTG 606428 PTG 606421 PTG 606422 PTG 606423 PTG 606424 PTG 606425 PTG 606426 PTG 313041 PTG 313042 PTG 313043 PTG 313044 PLU 608890 PLUB77700 PLU B77700
Policy Limits (Occurrence/Annual Products
Liability Aggregate) $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 $200,000/5500,000 $200,000/S500,000 $200,000/$500,000 $200.000/$500,000 $200,000/5500,000 $200,000/$500,000 $200,000/$500,000 CSL $200,000/$500,000 CSL $200,000/$500,000 CSL $200,000/$500,000 CSL $200,000/$500,000 CSL $200,000/$500,000 CSL
17 Interrogatory No. 27:
18 State whether YOU have controlled, purchased, or in any way acquired any controlling interest in
any corporation or business entity which has mined, manufactured, produced, processed, compounded, sold,
19 supplied, distributed and/or otherwise placed RAW ASBESTOS or ASBESTOS-CONTAINING 20 PRODUCTS in the stream ofcommerce. Ifso, state:
A. The name and address of said corporation or business entity;
21 B. The dates YOU controlled, purchased or acquired any interest; and
C. The nature of the business as it pertains to asbestos.
22
RESPONSE TO INTERROGATORY NO. 27:
23
No. GRAYBAR has not purchased the controlling interest in any corporation or other entity that
24
mined, manufactured, produced, processed, compounded, sold, supplied, distributed and otherwise placed
25
26 RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS in the stream ofcommerce.
27 ///
28
MAS, HON &.
AW
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GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES IG01291
1 Interrogatory No. 28:
2
3 4 5
6
7
8
9 10
11 12
13 14 15 16 17 18 19
20
21 22 23 24 25 26 27 28
MAS,
ION Sl
State whether THIS DEFENDANT, between 1930 and 1985, has ever engaged in the following activities with regard to RAW ASBESTOS, and if so, state the inclusive dates of such activity:
A. Mining; B. Milling; C. Supply; D. Importing; E. Processing; F. Distribution; G. Marketing; H. Sale; I. Brokering;
RESPONSE TO INTERROGATORY NO. 28:
No.
Interrogatory' No. 29:
If YOUR answer to any of subparts of Interrogatory 28 regarding RAW ASBESTOS is in the affirmative, state:
A. The trade, brand name, and/or generic name of such RAW ASBESTOS milled or MARKETED in any form or quantity between 1930 and 1985:
B. the date(s) such RAW ASBESTOS was first placed on the market, including the date(s) such RAW ASBESTOS was first marketed;
1. On an experimental basis; 2. On a test basis; 3. For sale. C. The date(s) such Raw Asbestos: 1. Ceased to be produced; or 2. Was recalled from the market, ifever. D. A description of the chemical composition of such RAW ASBESTOS, including the type and/or grade ofasbestos; E. A description of the physical appearance and nature of such RAW ASBESTOS, including any color coding, distinctive marking and/or logo on the packaging or container; F. A detailed description of the intended use of such RAW ASBESTOS, including any temperature limits for each such use; G. Whether such RAW ASBESTOS was on the U.S. Government's "Qualified Products List," and if so, the inclusive dates it was on such list; H. IDENTIFY to whom such RAW ASBESTOS has, at any time, been sold. As to each such, state: I. Whether any of THIS DEFENDANTS RAW ASBESTOS has, at any time, been sold, shipped, or otherwise distributed, used on installed to or at any COMPANY (including power company or utility), governmental agency or entity, shipyard, distributor, refinery, contractor, supplier, PREMISE owner or occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA and whether any of THIS DEFENDANTS RAW ASBESTOS has at any time, been sold to any manufacturer, or manufacturing facility, of ASBESTOS-CONTAINING PRODUCTS. If so, state: 1. The names of each such Company, governmental agency or entity, shipyard, distributor, supplier, manufacturer or refinery; 2. The inclusive dates of each such sale, and the amount (quantity) and the trade brand name
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GRAYBAR RESPONES TO PLAINTIFFS STANDARD INTERROGATORIES (GO1291
1 ofsuch RAW ASBESTOS sold; 3. The manner of shipment (e.g. boat, rail, etc.)
2 4. Whether you have any records indicating any such sale or shipment and, if so, the name, address and job classification ofeach person who currently has possession of such records.
3 5. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory 4 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3)
describe such DOCUMENTS with sufficient particularity that they may be made the subject ofa request for
5 production ofdocuments.
6 RESPONSE TO INTERROGATORY NO. 29:
7 Not applicable.
8
9
10 11 12
13 14 15 16 17 18 19
20
21
22
23 24 25 26 27 28
MAS. ION &
Interrogatory No. 30: Between 1930 and 1985, did YOU ever engage in any of the activities listed below with regard to
ASBESTOS-CONTAINING PRODUCTS? If so, state the inclusive dates ofsuch activity: A. Supply; B. Importing; C. Distribution; D. Marketing; E. Sale; F. Labeling; G. Manufacturing; H. Brokering.
RESPONSE TO INTERROGATORY NO. 30:
Yes. GRAYBAR distributed asbestos-containing products beginning in 1926.
Interrogatory No. 31:
If YOUR answer to any of subparts of Interrogatory 30 regarding "ASBESTOS-CONTAINING PRODUCTS" is in die affirmative, state:
A. The trade, brand name, and/or generic name of such ASBESTOS-CONTAINING PRODUCT MARKETED in any form or quantity between 1930 and 1985:
B. The datefs) each such ASBESTOS-CONTAINING PRODUCT was first placed on the market, including die date(s) each such ASBESTOS-CONTAINING PRODUCT was first MARKETED;
1. On an experimental basis; 2. On a test basis; 3. For sale. C. The date(s) each such ASBESTOS-CONTAINING PRODUCT: 1. Ceased to be produced; or 2. Was recalled from the market, ifever. D. A description of the chemical composition of each such ASBESTOS-CONTAINING PRODUCT, including the type and/or grade of asbestos and or asbestos fiber contained in each such product and the quantitative percentage of asbestos or asbestos fiber in each such product, and all non-asbestos components of die ASBESTOS-CONTAINING PRODUCT, and if the chemical composition changed over time, the inclusive dates ofeach formulation; E. A description of the physical appearance and nature of each such ASBESTOSCONTAINING PRODUCT, including any color coding, distinctive marking and/or logo, either on the product or on the packaging;
-13-
oraYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 1001291
1 F. A detailed description of the intended use of each such ASBESTOS-CONTAINING
PRODUCT, including any temperature limits for each such use; 2 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on the U.S. Government's
"Qualified Products List," and if so, the inclusive dates it was on such list;
3 H. The name and address of the supplier of die RAW ASBESTOS used in each such product
4 and the time period ofsuch supply;
.
I. Whether any of THIS DEFENDANTS RAW ASBESTOS or ASBESTOS-CONTAINING
5 PRODUCTS have, at any time, been sold, shipped, or otherwise distributed, to any COMPANY (including
power company or utility), governmental agency or entity, shipyard, distributor, refinery, contractor,
6 supplier, PREMISE owner or occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA. If so state:
7 1. The names of each such COMPANY, governmental agency or entity, shipyard,
distributor, supplier, manufacturer, refinery, contractor, PREMISE owner or occupant, ship owner,
8 PREMISE or site;
2. The inclusive dates of each such sale, shipment, distribution, use or installation and
9 the amount (volume) and the trade or brand name of each such ASBESTOS-CONTAINING PRODUCT
sold; 10
3. Whether you have any records indicating any such sale, shipment, distribution, use
11 or installation and, if so, the name, address and job classification of each person who currently has possession of such records.
12 4. Whether you have any records indicating any such sale or shipment and, if so, the name, address and job classification of each person who currently has possession of such records.
13 J. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory
and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3)
14 describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for
production of documents.
15
RESPONSE TO INTERROGATORY NO. 31:
16
17 A-I. GRAYBAR is a distributor. It no longer has sufficient information upon which to fully
18 answer this interrogatory. GRAYBAR locations keep sales invoices for six years and the
19 current year pursuant to its retention policy. Records reflecting information for the years
20 1930 through 1985 have been discarded. As GRAYBAR is only a distributor, it does not
21 know what form of asbestos may have been contained in any particular product or the name
22
23 24 25 26 27 28
MAS, ION &
and address ofthe supplier ofany raw asbestos that may have been used in each product. F. GRAYBAR believes that within the applicable time period it distributed asbestos-
containing products. Those products are identified in GRAYBAR catalogs identified as follows. These archival, fragile, one of a kind catalogs are available for review at GRAYBAR's corporate offices at 34 North Meramec Avenue, Clayton, Missouri upon reasonable notice by contacting GRAYBAR's Custodian of Records through its attomey-of-
-14 -
GRAYBAR RESPONDS TO PLAINTIFF'S STANDARD INTERROGATORIES IG01291
1 record. Archer, McComas Breslin, McMahon & Chritton.
2
Catalog Number
Year of Issue
Number ofPages
3
100
1926
1085
101
1934
735
4
102
1941
1072
103
1948
1116
5
104
1952
1352
105
1958
1628
6
106
1967
1116
61
1961
214
7
62
1962
232
8
63
1963
236
25
1965
270
9
26
1966
242
27
1967
238
10
28
1969
256
29
1970
248
11
30
1971
248
31
1972
248
12
32
1973
238
13
33
1974
254
34
1975
240
14
35
1977
276
36
1979
326
15
37
1982
295
16
Interrogatory No. 32 (PREMISES DEFENDANTS only)
17
18 Did YOU install, remove, or handle or contract to have others install, remove, or handle RAW
ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at any PREMISES in the GEOGRAPHIC AREA
19 which PREMISES is at issue as to YOU in San Francisco Superior Court asbestos litigation a of the date of
your answers to these interrogatories? If so:
20 A. IDENTIFY the PREMISES B. For each of the PREMISES:
21
1. State the nature ofyour ownership or possessoiy interest;
.
2. State the inclusive date ofthat interest;
22 3. IDENTIFY the party from whom that interest was acquired.
4. IDENTIFY the party, ifany, to whom that interest was transferred.
23 C. IDENTIFY every contract to which YOU were a party or of which you have knowledge
wherein the performance of such contract involved the installation, removal, disturbing or handling of any
24 RAW ASBESTOS OR asbestos-CONTAINING PRODUCTS at YOUR PREMISES. For each such
25 contract:
1. IDENTIFY the parties to the contract
26 2. Provide a general description and specific location of the work to be performed by
each party to the contract;
.
27 3. IDENTIFY and describe the NATURE of the RAW ASBESTOS or ASBESTOS-
CONTAINING PRODUCTS installed, removed, disturbed or handled in the performance ofthe contract;
28 4. State the dates of the contract and the dates ofperformance;
MAS, HON &
-15-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 1001291
1 D. Except as provided in response to subpart (c), has any work other than routine maintenance
been done on or to the PREMISES that involved the installation, removal, disturbing or handling of RAW 2 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If so, for each such instance:
1. State the inclusive dates of the work;
3 2. Provide a general description and specific location of the work;
4 3. State whether the work was done by YOU and/or YOUR employees;
4. IDENTIFY and describe the NATURE of the RAW ASBESTOS or ASBESTOS-
5 CONTAINING PRODUCTS installed, removed, handled or disturbed;
5. IDENTIFY from whom the RAW ASBESTOS OR ASBESTOS-CONTAINING
6 PRODUCTS were acquired. E. Has any asbestos abatement effort been made at the PREMISES? Ifso, for each such effort:
7 1. IDENTIFY who did the work;
-
2. State the inclusive dates thereof; 8 3. State whether samples were taken, and, if the samples still exist, IDENTITY the
custodian of the samples;
9 4. State whether any material was tested, and, if so, what were the results ofeach test;
5. IDENTIFY each test result with sufficient particularity for purposes of a request for 10 production of documents, or, in the alternative, attach a copy to YOUR answers to these interrogatories.
11 F. Except for insurance coverage litigation, have you filed suit against, or otherwise sought to recover from, any person or entity for some or all of the cost of asbestos abatement or for the property
12 damage allegedly caused by the presence of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS on the PREMISES identified in response to subpart (A) above? If so:
13 1.
sought to recover;
14 2.
IDENTIFY the person or entity against whom YOU have filed suit or otherwise If YOU have filed suit, state the court in which the action was filed, the date on
which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel ofrecord;
15 3. State whether or not the case has been resolved, and if so, what was the status or
disposition.
16 G.
Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatoiy
17
and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they maybe made the subject or a request for
18 production of documents.
H. IDENTIFY the person(s) presently most knowledgeable about the information south in this
19 interrogatory or its subparts.
20 RESPONSE TO INTERROGATORY NO. 32:
21 Not applicable.
22
23 24
25 26 27
28
MAS, ION &.
Interrogatory No. 33 (CONTRACTOR DEFENDANTS only)
At any time between 1930 and 1985, did YOU hold a contractor's license in the State ofCalifornia? If so:
A. IDEN TIT Y each license by type, date and number. B. If on the date of your answers YOU are a defendant in four or more asbestos actions in Sa Francisco superior Court, IDENTIFY each job or contract that YOU performed (directly or through one or more subcontractors) during this time period for work in any PREMISES which is at issue as to YOU on such date, and in any PREMISES of 50,000 square feet or more in the GEOGRAPHIC AREA which job or contract involved installation, removal, disturbing or handling RAW ASBESTOS or ASBESTOS-containing products. (Alternatively, at your option, you may IDENT IFY each job or contract YOU performed (directly or through one or more subcontractors) during this time frame for all work, or for all work on PREMISES of
-16-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES fGO!29>
1 50,000 square feet or more, in the GEOGRAPHIC AREA.) as to each such job or contract: 1. IDENTIFY the location (including name of ship, if applicable) where the job or
2 work was performed. 2. State the date ofthe contract or the inclusive dates ofthe work;
3 3. IDENTIFY the person or entity with whom you contracted; 4 4. State yourjob or contract number.
C. If on the date of your answers you are not a defendant in four or more asbestos actions in
5 San Francisco Superior Court, IDENTIFY each job or contract that YOU performed (directly or through one
or more subcontractors) during this time period for work in any PREMISES which is at issue as to YOU on 6 such date. As to each suchjob or contract:
1. IDENTIFY the location (including name of ship, if applicable) where the job or
7 work was performed;
2. State the date ofthe contract or the inclusive dates of the work; 8 3. IDENTIFY the person or entity with whom you contracted;
4. State your job or contract number.
9
RESPONSE TO INTERROGATORY NO. 33 10
11 Not applicable.
12 Interrogatory No. 34:
13 Did any of the distributors identified in your Answer to Interrogatory Nos. 29 and 31 above have an
exclusive distributorship? If so, state the relevant time period.
14
RESPONSE TO INTERROGATORY NO. 34:
15
Not applicable.
16
17 Interrogatory No. 35:
18 If THIS DEFENDANT entered into any agreements for the rebranding of any ASBESTOS-
CONTAINING PRODUCTS by THIS DEFENDANT for resale or distribution by another person or entity,
19 describe each agreement's terms and the parties to said agreement, the duration of the agreement, and the
name ofeach produces) and/or materials) covered by each such agreement.
20
RESPONSE TO INTERROGATORY NO. 35: 21
Responding party has made a reasonable and good faith effort to obtain the information by inquiry 22
to other natural persons or organizations, except where the information is equally available to propounding
23
24 parties and responds that to the best of its knowledge, GRAYBAR did not enter into any rebranding
25 agreements.
26 Interrogatory No. 36:
27
28
MAS, hon a **
If THIS DEFENDANT entered into any agreements for the rebranding of ASBESTOSCONTAINING PRODUCTS manufactured, sold, supplied or distributed by another person or entity for resale or distribution by YOU, describe each of the agreements and the parties to said agreement, the terms,
-17-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES LGOI29I
1 the duration, and the names ofeach produces) and/or materials) covered by each such agreement.
2 RESPONSE TO INTERROGATORY NO. 36:
3 Not applicable.
4
Interrogatory NO. 37:
5
As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING PRODUCT listed in YOUR 6 responses to Interrogatories No. 29 and 31 did DEFENDANT warn of the health hazards of asbestos? If so,
state for each such warning:
7 A. The content, size, color, and location; whether the warning appeared on the materia! and/or
on the container, and/or was placed on a tag; whether the warning was included in contracts; whether the 8 warning was included in advertising or other promotional materials.
B. State whether you have any photographs thereof;
9 C. The inclusive dates on which you used each such warning;
D. State all changes you made in such warnings ad the dates of such changes; and 10 E. Identify the person most knowledgeable about your warnings and warning policy.
11 RESPONSE TO INTERROGATORY NO. 37:
12 No. GRAYBAR is only a distributor and not a manufacturer. GRAYBAR did not change the
13
manufacturer's packaging. If any warnings were on the packaging, the manufacturers) would have placed
14
the wording on packaging.
15
Interrogatory No. 38:
16
With respect to each of YOUR ASBESTOS-CONTAINING PRODUCTS, state whether THIS 17 DEFENDANTS name, a trademark, logos, color coding, or other identifying markings ever appeared on the
18 actual product itself, if so, IDENTIFY each such product, state when the practice to place such identifying
markings upon the product was begun and when it ended, if applicable, and describe in detail the pertinent
19 marking(s) and the purpose, if any, ofsuch markings.
20 RESPONSE TO INTERROGATORY NO. 38:
21 Responding party has made a reasonable and good faith effort to obtain the information by inquiry
22 23 24 25 26 27
28
MAS, ION &
to other natural persons or organizations, except where the information is equally available to propounding
parties. It is possible that reels on which wire was shipped may have contained GRAYBAR's name for
shipping and identification purposes. There is no information available to confirm this method and practice
of identification for the time period 1930 through 1985.
Interrogatory No. 39:
Between the years 1930 to 1985, did THIS DEFENDANT purchase or otherwise acquire any ASBESTOS-CONTAINING PRODUCT lines from another person or entity? If so, state for each such
-18-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES IG0129)
1 purchase: A. Date ofpurchase or acquisition;
2 B. Terms ofpurchase or acquisition agreement; C. Either (1) attach all DOCXJMENTS evidencing said acquisition or (2) attach disks
3 containing such data, or (3) describe such documents with sufficient particularity that they may be made the 4 subject ofa request for production ofdocuments.
D. Trade, brand, and/or generic name of each such product line so acquired;
5 E. Name of the person or entity from whom YOU purchased or acquired each such
ASBESTOS-CONTAINING PRODUCT line; and 6 F. Location of any manufacturing facilities so acquired, and the type of ASBESTOS-
CONTAINING PRODUCTS manufactured therein.
7
RESPONSE TO INTERROGATORY NO. 39: 8
As a distributor, GRAYBAR, purchased asbestos-containing products from various manufacturers
9
for retail distribution. Whether or not this type of purchase is considered acquiring "any ASBESTOS10
CONTAINING PRODUCT lines" is not clearly evident. The manufacturers of said products may be listed in 11
12 product catalogs previously identified in Response No. 31.
13 Interrogatory No. 40:
14 Between the years 1930 to 1985, did THIS DEFENDANT sell any ASBESTOS-CONTAINING
PRODUCT line to another person or entity? If so, state for each such sale:
15 A. Date of sale;
B. Terms of sales agreement;
16 C. Either (1) attach all DOCUMENTS evidencing said sale, or (2) attach disks containing such
17
data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production ofdocuments.
18 D. Trade, brand, and/or generic name ofeach such product line sold;
E. Name of person or entity to whom you sold each such ASBESTOS-CONTAINING
19 PRODUCTS line; and
F. Location of any manufacturing facilities so sold, and the type of ASBESTOS-
20 CONTAINING PRODUCTS manufactured therein.
21 RESPONSE TO INTERROGATORY NO. 40:
22
23 24 25 26 27
28
MAS, ION &
AW
Responding party incorporates by references its response to Interrogatory No. 39.
INTERROGATORY NO. 41:
IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to ASBESTOS-
CONTAINING PRODUCTS and/or RAW ASBESTOS which THIS DEFENDANT manufactured, sold,
distributed or supplied from the year 1930 to 1985. For each such document, 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 ofsuch documents;
E. Whether the documents or copies of said documents presently exist;
-19-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES IGOI29)
1 F. If said documents or copies still exist, where they are located; and G. The IDENTITY of the custodian ofsuch documents.
2 RESPONSE TO INTERROGATORY NO- 41:
3
4 Responding party incorporates by reference its response to Interrogatory No. 31, F.
5 Interrogatory No. 42:
6 State if YOU have or had within YOUR corporate or other business structure any CONTRACT UNITS.
7
RESPONSE TO INTERROGATORY NO. 42: 8
No.
9
Interrogatory No. 43:
10
11 State whether or not any of YOUR CONTRACT UNITS installed and/or removed RAW
ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS in the GEOGRAPHIC AREA at any time
12 between 1930 and 1985. If so:
A. State the business addresses and name of the CONTRACT UNIT;
13 B. State the inclusive periods of time the CONTRACT UNITS were working in the
GEOGRAPHIC AREA;
14 C. State the name and address of each job site within the GEOGRAPHIC AREA and the dates
the CONTRACT UNIT worked at those job sites, and, IDENTIFY the RAW ASBESTOS and/or
15 ASBESTOS-CONTAINING PRODUCTS installed or removed on each occasion;
D. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory
16 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3)
describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for
17 production ofdocuments.
18
RESPONSE TO INTERROGATORY NO. 43:
19
Not applicable.
20
Interrogatory No. 44:
21
When do YOU contend that THIS DEFENDANT first became aware that there is an association
22 between asbestos exposure and disease in human beings?
23 24 25 26 27
28
MAS. ION &
RESPONSE TO INTERROGATORY NO. 44: Responding party has made a reasonable and good faith effort to obtain the information requested by
inquiry to other natural persons or organizations, except where the information is equally available to propounding parties and responds: GRAYBAR believes that it first became aware of the alleged association between asbestos exposure and disease in human beings at the same time the general public became aware of
-20-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES <001291
1 any such association sometime during the 1980's.
2 Interrogatory No. 45:
3 How do YOU contend that THIS DEFENDANT first became aware that there is an association 4 between asbestos exposure and disease in human beings. 5 RESPONSE TO INTERROGATORY NO. 45:
6 Responding party has made a reasonable and good faith effort to obtain the information requested by
7 inquiry to other natural persons or organizations, except where the information is equally available to
8 propounding parties and responds: GRAYBAR believes that it first became aware of the alleged association
9 between asbestos exposure and disease in human beings from articles or communications made available to
10 the general public sometime during the 1980's.
11
Interrogatory No. 46:
12
Either (1) attach all DOCUMENTS evidencing the information upon which YOUR contentions in
13 YOUR answers to Interrogatories No. 44 and No. 45 are based, or (2) attach disks containing such data, or
(3) describe such documents with sufficient particularity that they may be made the subject of a request for
14 production of documents.
15 RESPONSE TO INTERROGATORY NO. 46:
16 GRAYBAR has no such documents.
17 Interrogatory No. 47:
18
When did THIS DEFENDANT first warn its employees that exposure to asbestos could be
19 hazardous to human health? State:
A. Whether the first such warning was written or oral;
20 B. Whether copies ofDOCUMENTS containing such warning exist;
C. The IDENTITY of the custodian of such DOCUMENTS; 21 D. The content ofthe warning.
22 RESPONSE TO INTERROGATORY NO. 47:
23 Responding party has made a reasonable and good faith elfort to obtain the information requested by
24 inquiry to other natural persons or organizations, except where the information is equally available to 25
propounding parties and responds: to its knowledge, GRAYBAR did not warn its employees as to the
26
hazards ofasbestos exposure.
27
28
MAS, ION &
Ill
-21-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES fGO!291
1 Interrogatory No. 48:
2 Did THIS DEFENDANT ever issue a written COMPANY policy discontinuing warning its
employees that exposure to asbestos could be hazardous to human health? If so,
3 A. Provide the date;
4
B. Describe the circumstances; and C. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory
5 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3)
describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for
6 production of documents.
7 RESPONSE TO INTERROGATORY NO. 48:
8 No.
9 Interrogatory No. 49:
10 Did THIS DEFENDANT provide any Independent Contractor or Subcontractor within the 11 GEOGRAPHIC AREA with a written warning that exposure to asbestos could be hazardous to human
health.
12
RESPONSE TO INTERROGATORY NO. 49:
13
Responding party has made a reasonable and good faith effort to obtain the information requested by
14
inquiry to other natural persons or organizations, except where the information is equally available to
15
propounding parties and responds: GRAYBAR would have passed on any warnings issued with the product
16
by the manufacturer. GRAYBAR, however, would not have issued any writings of its own.
17
18 Interrogatory No. 50:
19 20 21 22 23 24 25 26 27 28
MAS, HON &
Has THIS DEFENDANT been cited for or otherwise charged by a public agency with a violation in the GEOGRAPHIC AREA of any statute, ordinance, safety order, regulation, or law pertaining to asbestos exposure? For each occasion, IDENTIFY:
A. The code section, safety order, statute, or regulation for which THIS DEFENDANT had been cited or otherwise charged;
B. The date(s) thereof. C. The agency or other governmental unit which issued the citation or otherwise charged YOU. D. All persons known to YOU with information relevant to the incident. E. What was the ultimate resolution.
RESPONSE TO INTERROGATORY NO. 50:
No.
Interrogatory No. 51:
Ifthis DEFENDANT has ever owned or operated a railroad, state: A. The IDENTITY of each such railroad, including the name(s) of such railroad during the
-22-
GRAYBAR RESPONES TO PLAINTIFFS STANDARD INTERROGATORIES IG0129I
1 time period of YOUR ownership and/or operation, the principal place of business of such railroad and the
dates of YOUR ownership and/or operation; 2 B. The geographic area of operation of such railroad;
C. The name(s) ofsuch railroad prior to YOUR ownership and/or operation;
3 D. The IDENTITY of the person or entity from whom YOU purchased your ownership or 4 operating interest, and the date of such purchase;
E. The IDENTITY of the person or entity to whom YOU sold your ownership or operating
5 interest, and the date of such sale.
F. Whether copies ofDOCUMENTS evidencing your ownership/operation and/or sale exist; 6 G. The IDENTITY of the custodian of such DOCUMENTS;
H. To the extent that information has not been given in answers to Interrogatory Nos. 32 and
7 33, the information requested in Interrogatory Nos. 32 and 33, for each railroad owned or operated by YOU.
8 RESPONSE TO INTERROGATORY NO. 51:
9 No.
10 Interrogatory No. 52:
11
IfDEFENDANT has ever owned or operated a shipyard, state:
12 A. The IDENTITY of each such shipyard, including the name(s) of such shipyard during the
time period of YOUR ownership and/or operation, the place of business of such shipyard and the dates of
13 YOUR ownership and/or operation;
B. the name(s) of such shipyard prior to YOUR ownership and/or operation;
14 C. The IDENTITY of the person or entity to whom YOU sold your ownership or operating
interest, and the date ofsuch sale;
15 D. Whether copies of DOCUMENTS evidencing your ownership/operation and/or sale exist;
E. Whether any representative of THIS DEFENDANT attended the Maritime Commission
16 Conference in December 1942 in Chicago, Illinois? If so, IDENTIFY any such representative of THIS
17
DEFENDANT; F. The IDENTITY ofthe Custodian of such DOCUMENTS;
18 G. To the extent that information has not been given in answers to Interrogatory No. 32, die
information requested in Interrogatory No. 32, for each shipyard owned or operated by YOU.
19
RESPONSE TO INTERROGATORY NO. 52:
20
Not applicable. GRAYBAR has never owned or operated a shipyard.
21
Interrogatory No. 53:
22
At any time between 1930 and 1985, did you import, export, ship, transship or otherwise transport
23 RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS into, out of or through any port in the
24 GEOGRAPHIC AREA? If so, for each occasion:
A. IDENTIFY and describe the NATURE and amount of RAW ASBESTOS and/or
25 ASBESTOS-CONTAINING PRODUCTS;
B. IDENTIFY the ship or ships (including the owners and operators thereof) onto or from
26 which the RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS were loaded, unloaded or
transshipped;
27 C. State the dates, port and pier involved for each occasion;
D. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory
28 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3)
MAS, ION &
-23-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES CG01291
1 describe such DOCUMENTS with sufficient particularity that they may be made subject of a request for production of documents.
2
RESPONSE TO INTERROGATORY NO. 53:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MAS, ION &
-24-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 1001291
1
2 3 4 5 6 7
8
9 10 11 12 13 14
15
16 17 18 19 20 21 22 23 24 25 26 27 28
MAS, ION &
ORIGINAL VERIFICATION TO FOLLOW
-25-
GRAYBAR RESPONES TO PLAINTIFF'S STANDARD INTERROGATORIES 1001291
1 PROOF OF SERVICE
2 I, Sherri L. Dillard, declare that I am over the age of eighteen years, and not a party to this ;
action or proceeding. My business address is 2033 North Main Street, Suite 800, P.O. Box 8035, i
3 Walnut Creek, CA 94596. On February 24, 2000,1 caused the following document(s) to be
|
served: DEFENDANT GRAYBAR ELECTRIC COMPANY, INC-'S RESPONSES
4 TO PLAINTIFF'S STANDARD INTERROGATORIES
TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129
5
by placing a true copy ofthe document(s) listed above, enclosed in a sealed envelope,
6 addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
7 with this business' practice for collection and processing ofcorrespondence for mailing
with the United States Postal Service. On the same day that a sealed envelope is placed
8 for collection and mailing, it is deposited in the ordinary course ofbusiness with the
United States Postal Service with postage fully prepaid.
9
by placing a true copy of the documents) listed above enclosed in a sealed envelope,
10 with postage fully prepaid thereon, in the United States mail at Walnut Creek,
California addressed as set forth below.
II
by having a true copy of the document(s) listed above transmitted by facsimile to the
12 person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission
was reported as complete without error by a report issued by the transmitting facsimile
13 machine. A true and correct copy of the transmission report is attached hereto.
14 j } by having personally delivered a true copy of the document(s) listed above, enclosed in
a sealed envelope, to the person(s) and at the address(es) set forth below.
15
by having personal delivery byofa true copy of the documents)
16 listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below.
17
Cliff Melnick, Esq. 18 Brayton, Purcell, Curtis & Geagan
Harry F. Wartnick, Esq. Wartnick, Chaber, et al.
222 Rush Landing Road 19 Novato, CA 94948
101 California Street, Suite 2200 San Francisco, CA 94111
20 Jack K. Clapper, Esq. 21 2330 Marinship Way, Suite 104
Sausalito, CA 94965
22
Philip A. Harley, Esq. Kazan, McClain, Edises, Simon & Abrams 171 Twelfth Street, Third Floor
Oakland, Ca 94607
23 Berry & Berry Station D
24 P.O. Box 70250 Oakland, CA 94612-0250
25 I declare under penalty ofpeijury that the foregoing is true and correct. Executed on
February 24,2000,Walnut Creek, California. 26
27
28 Sherri L. Dillard
ARCHER* NORRIS
2033 North Main Street suite BOO PO Box BOSS walnut Creek, ca 94596-3728 925.930.6600 925.930.6620 (Fax)
August 1,2000
California Oms Walnut Creek Richmond Ontario
EuEN C. Blackard Jr., Esq. gblackard@ archemet. com
Brayton, Purcell & Geagan 222 Rush Landing Road Novato, CA 94948
Law Offices ofJack K. Clapper 2330 Marinship Way, Suite 140 Sausalito, CA 94965
Wartnick, Chaber, Harowitz & Tigerman 101 California Street, Suite 2200 San Francisco, CA 94111
Berry & Berry
1300 Clay Street, Ninth Floor Oakland, CA 94612
Re: Verification to Plaintiffs Standard Interrogatories (General Order No. 129) In Re: Complex Asbestos Litigation, San Francisco Superior Court Our Client: Graybar Electric Company
Dear Counsel:
Enclosed please find Graybar Electric Company, Inc.'s verification to Plaintiff s Standard Interrogatories to All Defendants Pursuant to General Order No. 129 served on February 24, 2000.
Very truly yours.
ECBrdd
A strategic merger ofArcher, McComas, Breshn, McMahon & Chiitton, pic and Norris & Norris, PLC *
I IN RE: COMPLEX ASBESTOS LITIGATION San Francisco Superior Court No. 828684
2
3 VERIFICATION
4 ELECTRIC COMPANY, rNC.'S ^RRROGATORIES TO ALL
DEFENDANTS PURSUANT TO GENERAL ORDER 129 and know its contents. 5
6 CD
fi? *?*S acf*on- The matters stated in it are true of my own knowledg<
WhlCL ^ stated on information and belief, and as to
7 those matters I believe them to be true.
8
'Va^^eSidCTl?fr5?ry "* GeneI Counsel of Graybar Electric
for atut n*
t*15 action, and am authorized to make this verification
9 fn!v2^n<?ma^e ^ verification for that reason. [ have read the
tile Lttas statedTM
TM mfcemed end believe and on that ground allege thar
10
11 f--J I am one of the attorneys of record for
nartv to this
thffn^!/T5 n SCnnt??0onmbtchheaclfooufnthtya^inPw^hyicfhorl thhaavteremioy nof.ficIeh,aavnedreIad
12 1 am infom,ed ^d believe and on that ground allege
that the matters stated m it are true.
13
Executed at Clayton, Missouri on this 20th dav of July 2000.
14
15 foregotagtiroeTM?^^ f'* <** Stale California *a, tiie
16
n
18 Thomas F. Dowd
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