Document Ra1Xbr64m3m2Me1wd93yM1V4n

93-04497-1 JAMES MARVIN COBB and EDNA FAYE COBB, WOODROW WILSON STINSON, SR. and HAZEL STINSON, JAMES MELBORN McLEOD and LOLA R. McLEOD, ELTON M. YOUNG, JOHN S. TATE and MARY A. TATE, FRANK S. JOHNSON and MAMIE L. JOHNSON, and SUSIE BARNEY, Individually and as Personal Representative of the Heirs and Estate of LENZY BARNEY, SR., Deceased, Plaintiffs, versus KEENE CORPORATION, et al., Defendants. s s ss s s s s s s s s s s s s s ss s IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 162ND JUDICIAL DISTRICT DEFENDANT UNITED STATES GYPSUM COMPANY'S ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATOR!ES To: Frank S. Johnson and Mamie L. Johnson, Plaintiffs, by and through their attorney of record, Mr. Russell W. Budd, Baron & Budd, P.C., The Centrum, 3102 Oak Lawn Ave., Ste. 1100, Dallas, TX 75219. COMES NOW, UNITED STATES GYPSUM COMPANY, Defendant in the above-entitled and numbered cause, and files the attached Answers and Objections to Plaintiffs' Interrogatories. Respectfully submitted. DeHAY & ELLISTON, L.L.P. 1500 Maxus Energy Tower 717 North Harwood Street Dallas, Texas 75201-6508 Telephone: (214) 953-5454 Telefax : (214) 953-5455 DEFENDANT'S ANSWERS TO INTERROGATORIES F t\ASB3\DSCJOHNSON.ROG PAGE 1 5AVID W. CROWE State Bar No. 05164250 COUNSEL FOR DEFENDANT UNITED STATES GYPSUM COMPANY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to counsel for Plaintiffs, Mr. Russell W. Budd, Baron & Budd, P.C., The Centrum, 3102 Oak Lawn Ave., Ste. 1100, Dallas, TX 75219, by Certified Mail, return 1994. DEFENDANT'S ANSWERS TO INTERROGATORIES Fi\ASB3\OSGJOHNSON.ROG PAGE 2 PREFATORY STAT SiilPiiW United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin street, Chicago, Illinois. In giving its responses to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. QKTSCTIWS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum predecessors-in-interest, subsidiaries, and successors-in-interest of the corporate defendant. In that U.S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant. United States Gypsum Company, responds to these Interrogatories on behalf of itself. DEFENDANT'S^ANSWERS TO INTERROGATORIES Ft\ASB3\USGJOHNSON.R0G PAGE 3 U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra. U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. BEFEWPAWT * S_AWSWERS TO INTERROGATORIES F:\ASB3\USCJOHNSON.ROG PAGE 4 ANSWERS AND OBJECTIONS TO INTERROGATORIES 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 a) USG177 3/7/58 General Order Bulletin Medical examinations b) USG183 5/5/37 First Progress Report on Asbestosis Experiments at the Saranac Laboratory c) USG201 Letter 11/12/43 Brown to Kelly d) USG218 Confidential Report to US Gypsum from Hill and Knowlton e) USG247 Western Union telegram dated November 9, 1948 from Vandiver Brown to D. L. Powell. f) USG248 Speaker Training Questionnaire of Paul D. Collitti, Director, Public Relations. (a) USG 177: This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. However, it is denied that this document, which is comprised of individual pages of an operating bulletin, constituted the complete operating bulletin in effect from time to time. (b) USG 183: After making reasonable inquiry, U.S. Gypsum has not located a copy of this document in its files and the information readily known or obtainable by it is insufficient to enable it to admit or deny whether this document is genuine and authentic. Admitted that this document is a true and correct copy of a document located in the files of U.S. Gypsum's outside law firm. (c) USG 201: United States Gypsum Company received a copy of this document during the course to the asbestos litigation. A copy of this document was not contained in the files of United States DEFENDANT * S... ANSWERS TO INTERROGATORIES F:\ASB3\USGJOHNSON.ROC PAGE 5 Gypsum Company. Therefore, this defendant is unable to answer whether such document is a true and correct duplicate of a genuine and authentic document. (d) USG 218: United States Gypsum Company received a copy of this document during the course to the asbestos litigation. A copy of this document was not contained in the files of United States Gypsum Company. Therefore, this defendant is unable to answer whether such document is a true and correct duplicate of a genuine and authentic document. (e) USG 247: United States Gypsum Company received a copy of this document during the course to the asbestos litigation. A copy of this document was not contained in the files of United States Gypsum Company. Therefore, this defendant is unable to answer whether such document is a true and correct duplicate of a genuine and authentic document. (f) USG 248: This document has not been found in the files of United States Gypsum Company and United States Gypsum Company cannot confirm said document was produced to it during the course of the asbestos litigation. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny whether said document is genuine, authentic, an accurate copy of the original, is a business record of another company or organization, was made contemporaneously to the event, activity or occurrence, was made in course of a regularly conducted business activity or whether it was a regular practice for that business activity to make such document. INTERROGATORY NO. 2: For each document listed below, please answer whether such document was kept and/or generated in the regular course of a regularly conducted business activity of any United States Gypsum Company Entity by an employee or representative of any United States Gypsum Company Entity with knowledge of the act, event, condition or opinion recorded. EXHIBIT NO. DESCRIPTION a) USG177 b) USG183 3/7/58 General Order Bulletin Medical examinations 5/5/37 First Progress Report on Asbestosis Experiments at the Saranac Laboratory c) USG201 Letter 11/12/43 Brown to Kelly DEFENDANT'S ANSWERS TO INTERROGATORIES F:\AS83\USGJOHNSON.ROG PAGE 6 d) USG218 e) USG247 f) USG248 Confidential Report to US Gypsum from Hill and Knowlton Western Union telegram dated November 9, 1948 from Vandiver Brown to D. L. Powell. Speaker Training Questionnaire of Paul D. Collitti, Director, Public Relations. ANSWER: (a) USG 177: United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. However, it is denied that this document, which is comprised of individual pages of an operating bulletin, constituted the complete operating bulletin in effect from time to time. (b) USG 183: Not to this defendant's best current knowledge, information and belief. (c) USG 201: U.S. Gypsum denies that this document is a business record of it or that it was prepared by or at its direction. (d) USG 218: U.S. Gypsum denies that this document is a business record of it or that it was prepared by or at its direction. (e) USG 247: U.S. Gypsum denies that this document is a business record of it or that it was prepared by or at its direction. (f) USG 248: Not to this defendant's best current knowledge, information and belief. INTERROGATORY NO. 3: For each document listed below, please answer whether such document was found in your files in such a condition as to create no suspicion concerning its authenticity. DEFENDANT'S ANSWERS TO INTERROGATORIES F:\ASB3\USGJOHNSON.ROG PAGE 7 EXHIBIT NO. a) USG177 b) USG183 c) USG201 d) USG218 e) USG247 f) USG248 DESCRIPTION 3/7/58 General Order Bulletin Medical examinations 5/5/37 First Progress Report on Asbestosis Experiments at the Saranac Laboratory Letter 11/12/43 Brown to Kelly Confidential Report to US Gypsum from Hill and Knowlton Western Union telegram dated November 9, 1948 from Vandiver Brown to D. L. Powell. Speaker Training Questionnaire of Paul D. Collitti, Director, Public Relations. (a) US6 177: This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. However, it is denied that this document, which is comprised of individual pages of an operating bulletin, constituted the complete operating bulletin in effect from time to time. (b) USG 183: Objection. This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, after making reasonable inquiry, U.S. Gypsum has not located a copy of this document in its files and the information readily known or obtainable by it is insufficient to enable it to admit or deny whether this document is genuine and authentic. Admitted that this document is a true and correct copy of a document located in the files of U.S. Gypsum's outside law firm. (c) USG 201: Objection. This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, a copy of this document was not found in this defendant's files. DEFENDANT * S ANSWERS TO INTERROGATORIES Ft\ASB3\USGJOHNSON.ROG PAGE 8 (d) USG 21B: Objection. This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, a copy of this document was not found in this defendant's files. (e) USG 247: Objection. This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, a copy of this document was not found in this defendant's files. (f) USG 248: Objection. This Interrogatory is vague and ambiguous with respect to "in such a condition as to create no suspicion concerning its authenticity." Without waiving this objection, a copy of this document was not found in this defendant's files. INTERROGATORY NO. 4: Has United States Gypsum Company stipulated or agreed to the authenticity of any of the documents referenced in Interrogatory No. 1 with any person prior to the date of these Interrogatories? (a) USG 177: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document. (b) USG 183: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document. (c) USG 201: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document. (d) USG 218: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document. DEFENDANT'S ANSWERS TO INTERROGATORIES F:\ASB3\USGJOHNSON.ROG PAGE 9 (e) USG 247: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document. (f) USG 248: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of its objections, U.S. Gypsum responds that it has not stipulated or agreed in this action to the authenticity of this document. PANT'S ANSWERS TO INTERROGATORIES F:\ASB3\USGJOHNSON.ROG PAGE 10 STATE OF ILLINOIS ) COUNTY OF COOK ss VERIFICATION I, F. M. Poremski, declare: I an the Director, Financial & Accounting Services, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs' Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed on v \ in Chicago, Illinois. F. M. Poremski Subscsribed and sworn to before me this J/f/raL. day of ?727tfitfU. . 1994.