Document Rpwm1LB5oNQkYJkG8NwNXQw7a

Cc 1 MORGENSTEIN, LADD & JUBELIRER MARVIN D. MORGENSTEIN 2 ELIOT S. JUBELIRER LEE ANN HUNTINGTON 3 255 California Street, 8th Floor 4 San Francisco, CA 94111 Telephone: (415) 421-9320 REC-'V" 5 Attorneys for Defendant OWENS-ILLINOIS, INC. 6 7 >/ \S^ Jt VO*V ",V PLAINTIFF'S EXHIBIT K-1967 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ALAMEDA 10 11 IN RE: SHIPYARD AND 12 APPLICATOR ASBESTOS CASES (KAZAN AND KILBOURNE) 13 CONSOLIDATED FOR DISCOVERY 14 ) No. 537 868-7 ) ) RESPONSES OF OWENS-ILLINOIS, ) INC., TO PLAINTIFFS' FIRST ) SET OF INTERROGATORIES PROPOUNDING PARTY: 15 PLAINTIFFS 16 RESPONDING PARTY: DEFENDANT OWENS-ILLINOIS, INC. 17 SET NUMBER: ONE 18 PRELIMINARY STATEMENT 19 Some of the events which may be relevant to the matters inquired about by Plaintiffs' Interrogatories appar 20 ently occurred more than thirty-five years ago. In addition, 21 more than twenty-four years ago, effective April 30, 1958, 22 Owens-Illinois, Inc. disposed of the business involved in 23 this action by way of sale of that business to Owens-Corning 24 Fiberglas Corporation. Since that time, Owens-Illinois, 25 Inc. has not engaged in any such business. It does not now 26 and it has not since that sale manufactured, distributed or 27 sold any asbestos-containing products. As a result of the 28 foregoing factors, many of the individuals who might have CC 1 had personal knowledge of the matters to which plaintiffs' 2 interrogatories relate are deceased, or are otherwise 3 unavailable to Owens-Illinois, Inc., and investigations to 4 date indicate that at least some documents which relate to 5 matters inquired about by these interrogatories may have 6 been transferred to Owens-Corning Fiberglas Corporation with 7 the transfer of the business in question in 1958. Owens8 Illinois, Inc. is engaged in a continuing investigation in 9 an attempt to locate, confirm the transfer of, or confirm 10 the absence of, such documents and is also engaged in a con 11 tinuing investigation into the matters inquired about in 12 these interrogatories. Unless otherwise stated in an answer 13 to a specific interrogatory, the answers set out hereinafter 14 are limited to the period during which Owens-Illinois, Inc. 15 manufactured asbestos-containing insulation products and to 16 the facilities related to that business. The following is a 17 part of and is incorporated by reference in every answer 18 provided hereinafter: 19 This answer is accurate as of the 20 date of the Responses of Owens-Illinois, 21 Inc. to Plaintiffs' First Set of Inter 22 rogatories. However, Owens-Illinois, 23 Inc.'s investigation is continuing, and 24 Owens-Illinois, Inc. cannot exclude th.e 25 possibility that it may be able to obtain 26 more complete information or even infor 27 mation which indicates that the answer 28 -2- C 1 being supplied is incorrect. Owens2 Illinois, Inc. objects to answet ring 3 this interrogatory with regard to any 4 period of time other than the period 5 during which it engaged in the business 6 involved in this case which ended in 7 mid-1958 and in regard to any facility 8 not related to said business, on the 9 basis that any such answer would be 10 irrelevant to the subject matter of the 11 pending litigation, would not be reason 12 ably calculated to lead to the discovery 13 of admissible evidence, and would be 14 burdensome and oppressive. 15 Furthermore, Owens-Illinois, Inc. objects to the 16 instructions and definitions supplied by plaintiffs with 17 regard to these interrogatories, on the basis that the def 18 initions are overbroad, vague, and often inconsistent with 19 the normal usage and meaning of such words, and the instruc 20 tions are overbroad, burdensome, and constitute an unreasonable 21 expansion of the interrogatories themselves. Owens-Illinois, 22 Inc. therefore gives notice that it does not consider itself 23 bound by the instructions and definitions propounded by plain 24 tiffs, and instead shall answer the interrogatories in a 25 manner consistent with a normal understanding of the language 26 used in the answer and to the extent necessary to fairly and 27 fully answer the interrogatory. 28 -3- CC 1 INTERROGATORY NO. 1; 2 Please state the name, place of employment, present 3 address and job title of each person who has supplied infor 4 mation used in answering these interrogatories. 5 RESPONSE TO INTERROGATORY NO. 1; 6 This defendant states that it has referred to the 7 relevant business records of the Owens-Illinois Glass Company, 8 which are still in the possession of Owens-Illinois, Inc., 9 in connection with the preparation of answers to these inter 10 rogatories unless otherwise indicated. This defendant objects 11 to further answering this interrogatory on the grounds that 12 it is not relevant to the subject matter of this litigation 13 or reasonably calculated to lead to the discovery of admissible 14 evidence. 15 INTERROGATORY NO. 2: 16 Please state whether or not this defendant is a 17 corporation; if so, please state (a) this defendant's correct 18 corporate name, (b) the state of incorporation, (c) the address 19 of this defendant's principal place of business, (d) whether 20 or not defendant has ever held a Certificate of Authority to 21 do business in the State of California, and (e) whether the 22 ownership is publicly or privately held. 23 RESPONSE TO INTERROGATORY NO. 2: 24 Yes. 25 (a) Owens-Illinois, Inc. 26 (b)-(c) Owens-Illinois Glass Company was incorporated 27 in the State of Ohio in 1929. Owens-Illinois Glass Company 28 -4- cc 1 changed its name to Owens-Illinois, Inc. on April 28, 1965. 2 The address of the principal place of business is One SeaGate, 3 Toledo, Ohio 43666. 4 (d) Yes, this defendant has been authorized to do 5 business in the State of California since 1/3/44. 6 (e) This defendant is a publicly held corporation. 7 INTERROGATORY NO. 3: 8 If this defendant has ever been identified, known 9 or done business under any other name during any period of 10 its existence please state such name or names and the time 11 period during which this defendant was so known or 12 identified. 13 RESPONSE TO INTERROGATORY NO. 3: 14 Refer to answer to Interrogatory No. 2. 15 INTERROGATORY NO. 4: 16 If any parent corporation, predecessor business 17 entity, subsidiary of this defendant, successor in interest, 18 or any corporation in which this defendant holds, or held a 19 controlling interest, has mined, manufactured, sold, distributed, 20 imported or supplied any asbestos containing product(s), 21 please state the name(s) of such entity(ies), corporation(s) 22 or predecessor(s). 23 RESPONSE TO INTERROGATORY NO. 4: 24 This defendant objects to this interrogatory on 25 the basis that it seeks information which is not relevant to 26 the subject matter of this litigation and is not reasonably 27 calculated to lead to the discovery of admissible evidence. 28 -5- Cc 1 Without waiving the above objection, no predecessor or suc 2 cessor of this defendant, or any corporation in which this 3 defendant held a controlling interest, has mined, manufactured, 4 sold, distributed, imported or supplied any asbestos-containing 5 products. 6 American Structural Products, a wholly owned subsidiary 7 of Owens-Illinois Glass Company, engaged in the manufacture, 8 sale and distribution of asbestos-containing products from 9 about January, 1948 until about June, 1949. 10 INTERROGATORY NO. 5: 11 If this defendant has purchased, acquired or merged 12 at any time with any business entity, or any preexisting or 13 established operating division of any other company or business 14 entity, which mined, manufactured, labelled, sold, distributed, 15 imported or supplied any asbestos-containing product(s), 16 please state the name of such business entity(ies) or operating 17 division(s). 18 RESPONSE TO INTERROGATORY NO. 5: 19 This defendant objects to this interrogatory on 20 the basis that it seeks information which is not relevant to 21 the subject matter of this litigation and is not reasonably 22 calculated to lead to the discovery of admissible evidence. 23 Without waiving the above objection, this defendant states that 24 it has not acquired or merged with-any other entity engaged 25 in the asbestos-containing product business. This defendant 26 sold its asbestos-containing products business to Owens27 Corning Fiberglas Corporation about April 30, 1958. 28 -6- C 1 INTERROGATORY NO. 6: 2 Does, or at any time did, this defendant own any 3 share of stock, or otherwise have an interest, in a company 4 that either mines, produces or sells raw asbestos fiber? If 5 the answer is in the affirmative, state the following: 6 (a) The name of such corporation or entity; 7 (b) The date of incorporation or charter; 8 (c) The state or country of incorporation; 9 (d) Each ownership interest owned in such corpor 10 ation, setting forth any change in such interest; 11 (e) The date each such interest was acquired; 12 (f) The date of formation of such corporation or 13 entity; 14 (g) The names of all shareholders owning more 15 than 5% of the shares of stock of such corporation; 16 (h) The date each such interest changed or termi 17 nated, if applicable; 18 (i) The name and location of each asbestos mine 19 so owned; and 20 (j) The grade and type of asbestos mined at each 21 mine. 22 RESPONSE TO INTERROGATORY NO. 6: 23 This defendant objects to this interrogatory on 24 the basis that it seeks information which is not relevant to 25 the subject matter of this litigation and is not reasonably 26 calculated to lead to the discovery of admissible evidence. 27 Without waiving this objection, this defendant 28 does not nor did it own any stock in a company which mines. -7- CC 1 produces or sells raw asbestos. 2 INTERROGATORY NO. 7: 3 Please state whether this defendant has organization 4 charts; if so, state whether you will produce copies of this 5 defendant's different organizational charts for the last 6 forty years without a request to produce. 7 RESPONSE TO INTERROGATORY NO. 7: 8 This defendant objects to this interrogatory on 9 the basis that it seeks information which is not relevant to 10 the subject matter of this litigation and is not reasonably 11 calculated to lead to the discovery of admissible evidence. 12 INTERROGATORY NO. 8; 13 Please state the following: 14 (a) The address where the corporate records of 15 this defendant (including but not limited to minutes from 16 Board of Directors meetings and corporation annual reports), 17 are currenty located. 18 (b) The name, job title and current address of 19 the custodian for this defendant's corporate records. 20 (c) Whether this defendant would produce such 21 records for inspection and copying without a formal request 22 for production of documents. 23 RESPONSE TO INTERROGATORY NO. 8: 24 (a)-(b) Legal Department, Owens-Illinois, Inc., 25 One SeaGate, Toledo, Ohio 43666. 26 (c) No. 27 28 -8- cc 1 INTERROGATORY NO. 9; 2 State: the net worth of this defendant at the end 3 of the last fiscal year. 4 RESPONSE TO INTERROGATORY NO. 9: 5 This defendant objects to this interrogatory on 6 the basis that it seeks information which is not relevant to 7 the subject matter of this litigation and is not reasonably 8 calculated to lead to the discovery of admissible evidence. 9 INTERROGATORY NO. 10: 10 Please state whether this defendant, between 1930 11 and the present, has ever engaged in the following activities 12 with regard to raw asbestos fiber, and if so, please state 13 the inclusive dates of each such activity; 14 (a) mining 15 (b) milling 16 (c) supply 17 (d) importing 18 (e) processing 19 (f) distribution 20 (g) marketing 21 (h) sale 22 (i) mixing and/or compounding 23 RESPONSE TO INTERROGATORY NO. 10: 24 This defendant has no records indicating that it 25 engaged in the mining, milling, supply, importing for others, 26 processing, distribution, marketing, sale, mixing and/or 27 compounding of raw asbestos fiber. 28 -9- cc 1 INTERROGATORY NO. 11; 2 Please state whether this defendant, between 1930 3 and the present, has ever engaged in the following activities 4 with regard to asbestos-containing product(s) and/or raaterial(s), 5 and if so, please state the inclusive dates of each such 6 activity: 7 (a) manufacture 8 (b) supply 9 (c) importing 10 (d) processing 11 (e) distribution 12 (f) marketing 13 (g) sale 14 (h) mixing and/or compounding 15 RESPONSE TO INTERROGATORY NO. 11: 16 (c, d, h) No. 17 (a, b, e, f, g) Yes. However, this defendant has 18 not engaged in these activities for the entire period between 19 1930 and the present. This defendant began limited pilot 20 plant activities involving the manufacture of asbestos-containing 21 products in 1943 and continued such pilot plant activities 22 until 1948. This defendant began the manufacture, sale and 23 distribution of commercial quantities of Kaylo in 1948 and 24 continued such manufacture until April, 1958. In 1953, this 25 defendant entered into a sales agreement with Owens-Corning 26 Fiberglas Corporation under which it agreed to the sale of 27 asbestos-containing products to that corporation. Owens28 Illinois believes that it ceased the general marketing and -10- cc sales of its asbestos-containing thermal insulation products at that time, disbanded its sales force, and that thereafter, Owens-Corning Fiberglas Corporation was the primary marketer of its product until the sale of the division to Owens-Corning Fiberglas in 1958. This defendant has not been involved in 6 the asbestos-containing product business since that date. 7 INTERROGATORY NO. 12: 8 If the answer to either of the preceeding two questions 9 regarding the mining, supply, importing, processing, distribution, 10 labelling, manufacture, marketing and/or sale of asbestos11 containing products and/or materials by this defendant is 12 affirmative, please state the following as to such raw asbestos 13 fiber and/or as to each such asbestos-containing product 14 and/or material: 15 (a) The trade, brand name and/or generic name of 16 each and every such product and/or material mined, supplied, 17 distributed, processed, imported, labelled, manufactured, 18 and/or marketed in any form or quantity between 1930 and the 19 present time. 20 (b) The date(s) each such product and/or material 21 was first placed on the market, including the date(s) each 22 such product or material was first marketed: 23 (i) on an experimental basis; 24 (ii) on a test basis? or 25 (iii) for sale. 26 (c) The date(s) each such product and/or material 27 was withdrawn from the market. 28 -11- C( 1 (d) A description of the physical (the chemical) 2 composition of each such product and/or material including 3 the type and/or grade of asbestos and/or asbestos fiber con 4 tained in each such product and/or material and the quantitative 5 percentage of asbestos or asbestos fiber in each such product 6 and/or material. 7 (e) A description of the physical appearance and 8 nature of each such product and/or material, including any 9 color coding, distinctive marking and/or logo. 10 (f) A detailed description of the intended uses 11 of each such product and/or material, including any temperature 12 limits for each such use. 13 (g) The method of manufacture and production, for 14 each such product and/or material. 15 (h) The name of the manufacturer of each such 16 product and/or material. 17 (i) The volume and weight of each such product 18 and/or material. 19 (j) The name and location of each asbestos mine 20 which this defendant presently operates, operated in the 21 past, and/or in which defendant has or had an ownership interest, 22 the inclusive dates of such ownership, and the grade and 23 type of asbestos fiber mined. 24 (k) The name and address of the suppliers of the 25 asbestos fiber used in each such product and/or material. 26 (l) Whether any of this defendant's products and/or 27 materials containing asbestos fibers have, at any time, been 28 -12- I c c 1 sold to any companies (including power companies or utilities), 2 shipyards, distributors, refineries, suppliers and/or manu 3 facturers in California. If so, please state: 4 (i) The names of each such company, shipyard, 5 distributor, supplier, manufacturer or refinery. 6 (ii) The inclusive dates of each such sale, and 7 the amount (volume) and the trade or brand name of each product 8 and/or kind of material sold. 9 (iii) Whether you have any records indicating 10 any such sale and, if so, the name, address, and job classi 11 fication of each individual who currently has possession of 12 such records. 13 (m) Whether any of this defendant's asbestos fibers 14 has, at any time, been sold to any companies, (including 15 power companies or utilities), shipyards, distributors, 16 refineries, suppliers, and/or manufacturers in the San Francisco 17 Bay Area. If so, please state: 18 (i) Whether you have any records indicating 19 any such sale and, if so, the name, address, and job classi 20 fication of each individual who currently has possession of 21 such records. 22 (ii) The names and addresses of each such company, 23 shipyard, distributor, supplier, manufacturer or refinery or 24 power company. 25 (iii) The dates of each such sale and the amount 26 (volume) and the grade and type of asbestos fiber sold. 27 28 -13- cc 1 (n) Whether any of your asbestos products and/or 2 materials have, at any time, been distributed, marketed and/or 3 sold in California by companies other than your own. If so, 4 please list the name and address of each such company and 5 the name of each product and/or material so distributed, 6 marketed and sold, and the inclusive dates of such marketing, 7 distribution and selling. 8 (o) Whether any of the products and/or materials 9 set forth above ceased to contain asbestos, if so, for each 10 such product set forth the date asbestos ceased to be used. 11 (p) Describe all records sufficiently to identify 12 them for discovery purposes which set forth any of the foregoing 13 information and the custodian thereof (giving name and address) 14 of each such records. 15 RESPONSE TO INTERROGATORY NO. 12: 16 Regarding raw asbestos, refer to answer to Inter 17 rogatory No. 10. This defendant ceased all involvement in 18 the asbestos containing product business in 1958 and does 19 not have sufficient information to further answer this inter 20 rogatory. 21 Regarding its asbestos-containing products, this 22 defendant states the following: 23 (a) Kaylo. 24 (b, c) Refer to answer to Interrogatory No. 11. 25 This defendant currently believes that Kaylo continued to be 26 manufactured and sold by Owens-Corning Fiberglas Corporation 27 after it acquired the Kaylo Division from Owens-Illinois, 28 Inc., effective April, 1958. -14- cc 1 (d) This defendant ceased the manufacture, sale 2 and distribution of asbestos-containing products in 1958. 3 Its investigation as to the composition of each such product, 4 including the type of asbestos contained therein (i.e., amosite 5 or chrysotile) and the quantitative percentage of asbestos 6 in each product, is continuing, although defendant now believes 7 that its asbestos-containing products were hydrous calcium 8 silicates containing a total asbestos content of between 13% 9 and 25%. Chrysotile asbestos was the primary type apparently 10 used. Amosite was used only after 1956 and then in a lesser 11 amount than chrysotile. 12 (e) This defendant ceased the manufacture, sale 13 and distribution of asbestos-containing products in 1958. 14 Its investigation as to the physical appearance of each such 15 product is continuing. Kaylo and Kaylo-20 were premolded, 16 rigid products, and were manufactured in two forms, block 17 and pipe covering. Kaylo was white or off-white in color, 18 and Kaylo-20 was pinkish in color. Further, this defendant 19 has.found information in its business records which indicate 20 that in 1956, it placed the Owens-Corning Fiberglas logo on 21 some of its Kaylo products. 22 (f) The asbestos-containing products manufactured 23 by this defendant were intended to be used for industrial 24 high temperature thermal insulation such as pipe covering 25 and block insulation, and to increase fireproofing and fire 26 protection and for insulation through use as a roof deck or 27 fireproof material or door core material. Kaylo was intended 28 -15- Cc 1 for use on temperatures upto 1200F and Kaylo-20 was intended 2 for use on temperatures upto 1800F. 3 (g) This defendant objects to this interrogatory 4 on the grounds that it is vague, ambiguous, and overbroad. 5 Without waiving the above objection, this defendant has in 6 its records microfilm copies of technical reports relating 7 to the development and testing of Kaylo, and will make avail 8 able to plaintiffs' counsel through its local counsel these 9 microfilm records. The microfilm is old and of poor quality. 10 Adequate copies may not bemade from it, and reading it requires 11 a reader device. This defendant further states that its 12 investigation into the subject matter referred to in this 13 interrogatory is continuing. 14 (h) Owens-Illinois Glass Company and American 15 Structural Products Company. 16 (i) This defendant ceased the manufacture, sale 17 and distribution of asbestos-containing products in 1958. 18 This defendant has not found any information in its. records 19 sufficient to enable it to answer this interrogatory. Its 20 investigation into the subject matter referred to in this 21 interrogatory is continuing. 22 (j) This defendant did not operate any asbestos 23 mines. 24 (k) This defendant now believes that the chrysotile, 25 which was the4primary type of asbestos used in its insulation 26 products, was imported from Canada, and that at least some 27 of this chrysotile was purchased from Canadian Johns-Manville, 28 -16- cc 1 Ltd. This defendant further believes that the small amount 2 of amosite asbestos used in some of its products came from 3 South Africa. However, this defendant ceased the manufacture, 4 sale and distribution of asbestos-containing products in 5 1958 and does not have sufficient information in its business 6 records to further answer this interrogatory. Its investigation 7 as to the source or sources from which mined asbestos was 8 obtained is continuing. 9 (l) This defendant has records indicating payment 10 of distributors' commissions to the Fiberglass Engineering & 11 Supply Co., San Francisco, for Kaylo shipped to Colberg Boat 12 Works, Stockton, CA in 1953. This defendant also has records 13 indicating sales to Metalclad Insulation in 1950 and 1951 14 and to the U.S. Navy at Mare Island in 1953; Oakland in 1952, 15 1953 and 1954; San Francisco in 1952, 1953 and 1954; and 16 Vallejo in 1952. 17 (m) Does not apply to this defendant. 18 (n) Yes. Owens-Corning Fiberglas Corporation 19 starting in 1953. 20 (o) Kaylo did not cease to contain asbestos during 21 the time this defendant manufactured it. 22 (p) Refer to the answers to interrogatories contained 23 herein. 24 INTERROGATORY NO. 13; 25 For the period beginning 1930 to present, identify 26 each distributor in the San Francisco Bay Area and/or California 27 of defendant's asbestos-containing products and/or materials, 28 -17- C 1 including the beginning dates of such distribution and ending 2 dates were applicable and the products and/or materials so 3 distributed. If any was an exclusive distributorship for a 4 time, please so state and identify the relevant time period. 5 RESPONSE TO INTERROGATORY NO. 13: 6 Refer to answer to Interrogatory No. 12. 7 INTERROGATORY NO. 14; 8 Describe in detail the records this defendant has 9 maintained over the period 1930 to present regarding sales 10 of its asbestos-containing products and/or materials to dis 11 tributors in: 12 (a) California; 13 (b) The San Francisco Bay Area; and 14 (c) Provide the name and address of the person 15 having custody of any existing records and the location of 16 such records. 17 RESPONSE TO INTERROGATORY NO. 14: 18 This defendant has reviewed copies of the sales 19 records of the Kaylo Division of Owens-Illinois Glass Company 20 which are still in the possession of Owens-Illinois, Inc. 21 Copies of these records are in the Legal Department of Owens22 Illinois, Inc. 23 INTERROGATORY NO. 15: 24 Do you contend that any of the defendants listed 25 in Exhibit A,4 sold or supplied raw asbestos to any of the 26 companies, distributors, shipyards, power companies, manu27 28 -18- cc 1 facturers or refineries listed by this defendant in the answers 2 to preceding interrogatories? If so, please state: 3 (a) name of the defendant; 4 (b) to whom the raw asbestos was sold or supplied; 5 (c) when the raw asbestos was sold or supplied; 6 (d) the grade and fiber type of the asbestos; 7 (e) the name and location of the mine from which 8 such asbestos was mined. 9 RESPONSE TO INTERROGATORY NO. 15: 10 This defendant cannot answer this interrogatory 11 because this defendant did not receive the Exhibit A which 12 is referred to in this interrogatory. 13 INTERROGATORY NO. 16: 14 Do you contend that any of the defendants, listed 15 in Exhibit A, sold or supplied asbestos containing products 16 or materials to any of the companies, distributors, manufac 17 turers, shipyards, power companies or refineries listed by 18 this defendant in your answers to preceding interrogatories? 19 If so, please state: 20 (a) name of defendant; 21 (b) the entity to whom the products were sold or 22 supplied; 23 (c) when the products were sold or supplied; 24 (d) the trade name and/or generic name of each 25 such product; 26 27 28 -19- Cc 1 (e) whether you have any documents which support 2 such contention and, if so, discuss each such document with 3 sufficient specificity that it may be made the subject of a 4 request for production of documents. 5 RESPONSE TO INTERROGATORY NO. 16; 6 This defendant cannot answer this interrogatory 7 because this defendant did not receive the Exhibit A which 8 is referred to in this interrogatory. 9 INTERROGATORY NO. 17: 10 If this defendant entered into any agreements for 11 the rebranding of any asbestos-containing product(s) and/or 12 material(s) mined, imported, manufactured, sold, distributed 13 and/or supplied by this defendant for resale or distribution 14 by another company, describe each agreement's terms and the 15 parties to said agreement, the duration of the agreement, 16 and name of each product(s) and/or material(s) covered by 17 each such agreement. 18 RESPONSE TO INTERROGATORY NO. 17: 19 This defendant ceased the manufacture, sale and 20 distribution of asbestos-containing products in 1958. This 21 defendant has not found any information in its records suf 22 ficient to enable it to answer this interrogatory. Its in 23 vestigation into the subject matter referred to in this inter 24 rogatory is continuing. 25 INTERROGATORY NO. 18; 26 If this defendant entered into any agreements for 27 the rebranding of asbestos-containing products and/or materials 28 -20- Cf 1 mined, imported, manufactured, sold, distributed, and/or 2 supplied by another company for resale or distribution by 3 your company, describe each of the agreements, the parties 4 to said agreements, the terms, the duration and the names of 5 each product(s) and/or material(s) covered by each such 6 agreement. 7 RESPONSE TO INTERROGATORY NO. 18: 8 This defendant ceased all involvement in the asbestos9 containing product business effective April, 1958. This 10 defendant has no records which indicate that it ever entered 11 into an agreement as described in this interrogatory. 12 INTERROGATORY NO. 19: 13 Please state the date this defendant first purchased 14 or otherwise obtained asbestos, asbestos-fibers, and/or asbestos15 containing materials. 16 RESPONSE TO INTERROGATORY NO. 19: 17 This defendant ceased the manufacture, sale and 18 distribution of asbestos-containing products effective April, 19 1958. This defendant has not found any information in its 20 records sufficient to enable it to answer this interrogatory. 21 Its investigation into the subject matter referred to in 22 this interrogatory is continuing. 23 INTERROGATORY NO. 20: 24 Between the years 1930 to the present, did this 25 defendant purchase any product(s) and/or material(s) containing 26 asbestos from any other miner, manufacturer and/or producer 27 of such products and/or materials with the purpose of selling 28 -21- CC 1 such under defendant's own name? If so, state the name of 2 such miner, manufacturer and/or producer, date or approximate 3 dates of such purchase or purchases and the brand or trade 4 names of each such product(s) and/or material(s), and identify 5 any documents which reflect such. 6 RESPONSE TO INTERROGATORY NO. 20: 7 No. 8 INTERROGATORY NO. 21: 9 State whether any asbestos used, processed, mined, 10 manufactured, imported, supplied, distributed, labelled and/or 11 sold by this defendant was purchased from or acquired from 12 the General Service Administration or any branch or agency 13 of the United States government during the period 1930 to 14 the present date. If the answer is in the affirmative, state: 15 (a) The name and address of the agency which sup 16 plied the asbestos. 17 (b) The grade and types of asbestos purchased or 18 acquired. 19 (c) The quantities of each type of asbestos purchased 20 or acquired annually during the period 1930 to the present 21 date. 22 (d) The means of packaging. 23 (e) The health warnings, if any, which accompanied 24 each shipment of asbestos and indicate when said warnings 25 were first made part of the shipments. 26 27 28 -22- cc 1 RESPONSE TO INTERROGATORY NO. 21; 2 This defendant has no records which would indicate 3 that it ever purchased asbestos from the General Services 4 Administration or any branch or agency of the United States 5 government. 6 INTERROGATORY NO. 22: 7 Please describe in detail the type of containers 8 or packaging in which defendant has sold asbestos-containing 9 products and/or materials, listing the dates each type of 10 package was used, a physical description thereof, and a 11 description of any printed materials, logo or trademarks 12 that appeared thereon. 13 RESPONSE TO INTERROGATORY NO. 22; 14 Some of this defendant's asbestos-containing in 15 sulation products were packaged in corrugated cartons with 16 the trademark Kaylo on the carton. However, this defendant 17 ceased the manufacture/ sale and distribution of asbestos18 containing products in 1958 and does not have information 19 sufficient to further answer this interrogatory. Its inves 20 tigation into the subject matter referred to in this inter 21 rogatory is continuing. 22 INTERROGATORY NO. 23: 23 As to each of the asbestos-containing products 24 and/or materials listed in your preceding answers to inter 25 rogatories, does this defendant have in its possession a 26 picture, model, sample or brochure illustrating the color 27 and general description of the various packaging or containers 28 you have used to contain these products and/or materials 23- Cc 1 from 1930 to present date? If so, identify what item, where 2 each such item is located, and state when and where defendant 3 can make such illustrative material available for inspection 4 and/or copying. 5 RESPONSE TO INTERROGATORY NO. 23i 6 The company has located some old sales brochures 7 which may contain some of this information. The materials 8 are located at the company's headquarters in Toledo, Ohio, 9 care of the Legal Department, One SeaGate, Toledo, Ohio. 10 INTERROGATORY NO. 24: 11 As to each such product and/or material listed in 12 defendant's preceding answers to interrogatories, did defen 13 dant put on such products and/or materials or their containers 14 any warning of their hazards to health by virtue of the asbestos 15 content of such products and/or materials? If so, state for 16 each such warning; 17 (a) Each such warning with particularity, with 18 regard to size, color, location, whether the warning was 19 contained on the material or on the container; whether the 20 warning was printed, stamped, and/or placed on a tag, nature 21 and wording or other content. State whether you have any 22 photographs thereof. 23 (b) The inclusive date on which you began using 24 each such warning on each of your asbestos products and/or 25 materials. 26 (c) All of the facts, circumstances and consider 27 ations which motivated you to use such warning. 28 -24 c( 1 (d) All changes you made in such warnings, the 2 dates of such changes and the reasons for such changes. 3 (e) The names, present addresses and titles of 4 all persons on whose opinions you relied in determining to 5 put such warnings on your products and/or materials or their 6 containers. 7 RESPONSE TO INTERROGATORY NO. 24: 8 This defendant ceased the manufacture, sale and 9 distribution of asbestos-containing products in 1958. This 10 defendant has not found information in its records sufficient 11 to enable it to answer this interrogatory. Its investigation 12 into the subject matter referred to in this interrogatory is 13 continuing. However, it does not appear that any warning 14 concerning asbestos was appropriate in that it does not appear 15 that this defendant had reason to believe that the use of 16 its products would result in a foreseeable risk of harm. 17 INTERROGATORY NO. 25i 18 Has defendant, at any time, published and/or distri 19 buted any brochures, pamphlets or other written materials of 20 any kind or character that contain any warnings concerning 21 the possibility of injury from exposure to asbestos resulting 22 from the use of the products and/or materials listed in the 23 defendant's preceding answers to interrogatories? If so, 24 please state for each such material: 25 (a). Each such warning with particularity, with 26 regard to size, color, location, whether the warning was 27 contained on the material or on the container; whether the 28 -25- CC 1 warning was printed, stamped, and/or placed on a tag, nature 2 and wording or other content. If possible, please enclose a 3 photograph thereof. 4 (b) A description of each such printed material. 5 (c) The method used to distribute the warning to 6 persons likely to use the products and/or materials. 7 (d) The inclusive date(s) each such warning was 8 issued. 9 (e) All of the facts, circumstances and consider 10 ations which motivated you to use such warning. 11 (f) The names, present addresses and titles of 12 all persons on whose opinions you relied in determining to 13 put such warnings on your products and/or materials or their 14 containers. 15 (g) The name, address, and job classification of 16 each person who presently has possession of the above described 17 documents. 18 RESPONSE TO INTERROGATORY NO. 25: 19 This defendant ceased the manufacture, sale and 20 distribution of asbestos-containing products in 1958. This 21 defendant has not found information in its records sufficient 22 to enable it to answer this interrogatory. Its investigation 23 into the subject matter referred to in this interrogatory is 24 continuing. However, it does not appear that any warning 25 concerning asbestos was appropriate in that it does not appear 26 that this defendant had reason to believe that the use of 27 its products would result in a foreseeable risk of harm. 28 -26- CC 1 INTERROGATORY NO. 26: 2 As to any of the bags of raw asbestos referred to 3 in defendant's preceding answers to interrogatories, did 4 defendant put on such bags any warning of the hazards to 5 health by virtue of the asbestos contained therein? If so, 6 state for each such warning: 7 (a) Each such warning with particularity, with 8 regard to size, color, location, wording or other content; 9 whether the warning was contained on the material or on the 10 container; whether the warning was printed stamped, and/or 11 placed on a tag attached to the material or container. 12 (b) The inclusive dates each such warning was 13 issued on your bags of raw asbestos. 14 (c) All of the facts, circumstances and consider 15 ations which motivated you to use such warning. 16 (d) All changes you made in such warnings, the 17 dates of such changes and the inclusive dates of such changes 18 and the reasons for such changes. 19 (e) The names, present addresses and titles of 20 all persons on whose opinions you relied in determining to 21 put such warnings on your raw asbestos. 22 (f) The name, address and job title of each person 23 who presently has possession of samples or documents relating 24 to the above warnings. 25 RESPONSE TO IN1TERROGATORY NO. 26: 26 Does not apply to this defendant. This defendant 27 did not sell or distribute "bags of raw asbestos." 28 -27- CC 1 INTERROGATORY NO. 27: 2 With respect to each of your asbestos-containing 3 products state whether this defendant's name, a trade mark, 4 logos, color coding or other identifying markings ever 5 appeared on the actual product itself. If so, identify each 6 such product, state when the practice to place such identi 7 fying markings upon the product was begun and when it ended, 8 if applicable, and describe in detail the pertinent marking(s) 9 and the purpose, if any, of such markings. 10 RESPONSE TO INTERROGATORY NO. 27: 11 Refer to answer to Interrogatory No. 22. This 12 defendant ceased all involvement in the asbestos-containing 13 product business in 1958 and does not have sufficient infor 14 mation to further answer this interrogatory. 15 INTERROGATORY NO. 28: 16 Were any efforts made by this defendant to alert 17 users, consumers and/or other persons likely to be exposed 18 to said products or materials of the raw asbestos or asbestos19 containing products or materials set forth in your answers 20 above to the risks and health hazards of use of and exposure 21 to such materials by virtue of their asbestos content? If 22 so, set forth in detail each and every such effort made by 23 you and the inclusive dates of each such effort. 24 RESPONSE TO INTERROGATORY NO. 28: 25 This defendant ceased the manufacture, sale and 26 distribution of asbestos-containing products in 1958. This 27 defendant has not found information in its records sufficient 28 -28- C( 1 to enable it to answer this interrogatory. Its investigation 2 into the subject matter referred to in this interrogatory is 3 continuing. However, it does not appear that any warning 4 concerning asbestos was appropriate in that it does not appear 5 that this defendant had reason to believe that the use of 6 its products would result in a foreseeable risk of harm. 7 INTERROGATORY NO, 29; 8 Have any written materials of any kind or character 9 been prepared by this defendant or its agents indicating how 10 defendant's asbestos-containing products and/or materials 11 should be used, handled, fabricated and/or maintained? If 12 so, for each such document please state as follows: 13 (a) The name, address, and job classification of 14 each person who prepared each such material; 15 (b) The name, address, and job classification of 16 each person who presently has possession of same; 17 (c) The date and manner in which said material 18 was distributed to purchasers of defendant's products and/or 19 materials; 20 (d) Identify any documents which reflect such; 21 (e) Describe the instructions for use, handling, 22 fabrication and/or maintenance given in each such document. 23 RESPONSE TO INTERROGATORY NO. 29: 24 This defendant ceased the manufacture, sale and 25 distribution of asbestos-containing products in 1958. This 26 defendant has not found any information in its records 27 sufficient to enable it to answer this interrogatory. Its 28 -29- CC 1 investigation into the subject matter referred to in this 2 interrogatory is continuing. 3 INTERROGATORY NO. 30i 4 After the initial placement of warning labels 5 regarding the hazards of exposure to asbestos on any of your 6 asbestos-containing products and/or materials, did this defen 7 dant recall or make any attempt to recall those products 8 and/or materials which had been sold in containers without 9 such labels? If so, state when and under what specific cir 10 cumstances such was done. 11 RESPONSE TO INTERROGATORY NO. 30: 12 Does not apply to this defendant. Refer to answer 13 to Interrogatory No. 28. 14 INTERROGATORY NO. 31; 15 To the extent this defendant ever placed warnings 16 on its asbestos-containing products and/or materials regarding 17 the hazards of exposure to asbestos dust, identify each person 18 who participated in the process of drafting each warning and 19 otherwise determining its shape, description, color and location 20 on packaging. If the warning first placed on this defendant's 21 products and/or materials was changed in any of these par 22 ticulars, also identify each participant in each such change. 23 RESPONSE TO INTERROGATORY NO, 31: 24 Does not apply to this defendant. Refer to answer 25 to Interrogatory No. 28. 26 27 28 -30- CC 1 INTERROGATORY NO. 32: 2 Please state whether sales materials were prepared 3 by this defendant or its agents for purposes of marketing or 4 advertising this defendant's asbestos-containing products 5 and/or materials from 1930 to present. If so, please state 6 for each such sales material: 7 (a) The name and address of each person or entity 8 who prepared same. 9 (b) The name, address, and job title of each person 10 who presently has possession of same. 11 (c) The date same was prepared. 12 (d) The first date such material was used, distributed, 13 or otherwise disseminated. 14 (e) Briefly describe such material. 15 (f) The manner and media used to disseminiate the 16 sales materials, including but not limited to all trade journals 17 and/or publications. 18 RESPONSE TO INTERROGATORY NO. 32: 19 Yes. Because the company has not made, sold or 20 distributed any asbestos-containing products since 1958, 21 more than 24 years ago, it has not been able to locate docu 22 ments sufficient to answer all subparts of this interrogatory. 23 (a) Owens-Illinois does not know. 24 (b) Owens-Illinois does not know. 25 (c) Owens-Illinois does not know. 26 (d) Owens-Illinois does not know. 27 (e) Sales brochures. 28 (f) Owens-Illinois does not know. -31- Cc 1 INTERROGATORY NO. 33; 2 Identify all present or former executives, officers, 3 or other supervisory officials of defendant whose depositions 4 have been taken by plaintiffs, other than those herein, in 5 cases involving workers or their heirs who are suing this 6 defendant or who have sued this defendant for illnesses or 7 injuries allegedly caused, in whole or in part, by exposure B to asbestos dust allegedly created by defendant's asbestos9 containing products and/or materials. Also identify the 10 style of each case involved, court of filing, the name and 11 address of plaintiff's counsel who took each deposition, the 12 date of the deposition, number of pages of the deposition, 13 and whether defendant will make available said deposition(s) 14 without a motion to produce. 15 RESPONSE TO INTERROGATORY NO.33: 16 This defendant ceased the manufacture, sale and 17 distribution of asbestos-containing products in 1958. This 18 defendant is aware that the following present or former 19 employees have testified at trial or by deposition in asbestos- 20 related litigation, but not necessarily in litigation to 21 which this defendant was a party: 22 Edward C. Ames 10/8/79, 1/10/80, and 3/26/81 23 Richard L. Grimmie 7/10/79, 10/24/79 (trial), 24 10/29/79 (trial), and 10/15/81. 25 William Justice 7/11/79, 10/15/81, and 5/3/82. 26 Johh Pershing 7/26/79. 27 John Rhoads 7/11/79 and 10/15/81. 28 -32- ( 1 June Welser 7/11/79. 2 Everett Shuman 4/26/79, 6/12/79, 7/15/80, and 2/81. 3 Willis G. Hazard 2/11/81 and 3/27/81. 4 Richard R. Beck 4/1/81. 5 Samuel F. Schillaci 4/7/81, 7/31/81 (trial), 6 11/9/81 (trial), 11/17/81 (trial), 4/26/82, and 4/27/82. 7 8 George N. Bates, M.D. 4/6/81. 9 Thomas A. Meehan 3/3/81 (trial) and 11/9/81 (trial). 10 Effective April 30, 1958, this defendant sold its 11 asbestos-containing product manufacturing division to Owens- 12 Corning Fiberglas Corporation. At that time certain employees 13 who worked in the division, some of whom are mentioned above, 14 transferred to Owens-Corning Fiberglas. These individuals 15 have been deposed with regard to asbestos-related litigation 16 involving Owens-Corning Fiberglas Corporation. 17 Although plaintiffs have not requested that this 18 defendant produce the depositions listed above, the prefatory 19 remarks indicate an intent to do so. This defendant would 20 object to the production of such documents on the basis that 21 said documents are filed with various courts around the country, 22 they are therefore matters of public record, and therefore 23 plaintiffs have equal access to such documents. 24 INTERROGATORY NO. 34: 25 Has this defendant ever operated contract insulation 26 installation units and/or has any company in any way affiliated 27 with defendant ever been involved in the installation of 28 -33- (C 1 insulation? If so, for each corporation, corporate division 2 and/or company affiliated with defendant state: 3 (a) The applicable period of time during which 4 said entity was involved in insulation installation. 5 (b) In detail the relationship between the entity 6 and your corporation (including, but not limited to, the 7 details of any relationship of ownership or control); 6 (c) Each job site and/or company, refinery, shipyard, 9 power plant, and/or manufacturer with which each corporation, 10 corporate division and/or affiliated entity had a contract 11 and the inclusive dates of such contract. 12 RESPONSE TO INTERROGATORY NO. 34: 13 This defendant has not formed or maintained a group 14 or groups known as "contract units", such "contract units" 15 being a division or group within or maintained by the corpor 16 ation which, inter alia, engaged in the actual installation 17 of insulation products containing asbestos at job sites. 18 INTERROGATORY NO. 35: 19 Has this defendant, at any time, been a member of 20 any "trade organization" or "association" composed of other 21 manufacturers, miners, distributors, importers, labellers, 22 suppliers and/or sellers of asbestos-containing products 23 and/or materials? If so, please state for each such organi 24 zation or association. 25 (a) The name and address of each such association 26 or organization. 27 (b) The inclusive dates during which this defendant 28 was a member. -34- (( 1 (c) The names of any publication published by or 2 written by such association or organization. 3 (d) The name of any committees or sub-committees 4 of which this defendant was a member or on which this defendant 5 had a representative and the inclusive dates of such represen 6 tation and the name of this defendant's representative(s). 7 (e) The names of each committee and sub-committee 8 of which this defendnat received minutes and the inclusive 9 date of such reception. 10 RESPONSE TO INTERROGATORY NO. 35; 11 This defendant has not been a member of any asbestos12 related trade organization or association. 13 INTERROGATORY NO. 36; 14 Has this defendant ever been a member of the Asbestos 15 Textile Institute ("A.T.I.")? If so, please state: 16 (a) The inclusive dates during which this defendant 17 was a member. 18 (b) The names of any publication published by or 19 written by such association or organization. 20 (c) The name of any committee or sub-committee of 21 which this defendant was a member or on which this defendant 22 had a representative and the inclusive dates of such repre 23 sentation and the name of this defendant's representative(s) . 24 (d) The names of each such committee and sub 25 committee of which this defendant received minutes and the 26 inclusive dates of such reception. 27 28 -35- CC RESPONSE TO INTERROGATORY NO. 36: No. INTERROGATORY NO. 37; Has this defendant ever been a member of the National Insulation Manufacturers Association ("N.I.M.A.")? If so, please state: 7 (a) The inclusive dates during which this defendant 8 was a member. 9 (b) The names of any publication published by or 10 written by such association or organization. 11 (c) The name of any committee or sub-committee of 12 which this defendant was a member or on which this defendant 13 had a representative and the inclusive dates of such represen 14 tation and the name of this defendant's representative. 15 (d) The names of each such committee and sub 16 committee of which this defendant received minutes and the 17 inclusive dates of such reception. 18 RESPONSE TO INTERROGATORY NO. 37: 19 No. 20 INTERROGATORY NO. 38: 21 Has this defendant ever been a member of the Quebec 22 Asbestos Mining Association ("Q.A.M.A.")? If so, please 23 state: 24 (a) The inclusive dates during which this defendant 25 was a member. 26 (b) The names of any publication published by or 27 written by such association or organization. 28 -36- (C 1 (c) The name of any committee or sub-committee of 2 which this defendant was a member or on which this defendant 3 had a representative and the inclusive dates of such repre 4 sentation. 5 (d) The names of each such committee and sub 6 committee of which this defendant received minutes and the 7 inclusive dates of such reception. 8 RESPONSE TO INTERROGATORY NO. 38: 9 No. 10 INTERROGATORY NO. 39: 11 Has this defendant ever been a member of the 12 Industrial Health Foundation? If so, please state: 13 (a) The inclusive dates during which this defendant 14 was a member. 15 (b) The names of any publication published by or 16 written by such association or organization. 17 (c) The name of any committee or sub-committee of 18 which this defendant was a member or on which this defendant 19 had a representative and the inclusive dates of such repre 20 sentation. 21 (d) The names of each such committee and sub 22 committee of which this defendant received minutes and the 23 inclusive dates of such reception. 24 RESPONSE TO INTERROGATORY NO. 39: 25 This defendant objects to this interrogatory on 26 the grounds that it seeks information which is not relevant 27 to the subject matter of this litigation and is not reasonably 28 -37- ( 1 calculated to lead to the discovery of admissible evidence 2 except as it relates to the period of time within which this 3 defendant manufactured its asbestos-containing products. 4 Without waiving the above objection, this defendant 5 states that insofar as this interrogatory refers to associations 6 or organizations of which this defendant was a member during 7 the time when it manufactured asbestos-containing products, 8 it was a member of the Industrial Hygiene Foundation (which 9 changed its name to the Industrial Health Foundation in 1970) 10 for the years 1936 through 1975. This defendant has been 11 unable to find any information in its records which would 12 enable it to further answer this interrogatory, although its 13 investigation into the subject matter referred to in this 14 interrogatory is continuing. 15 INTERROGATORY NO. 40: 16 Please state: 17 (1) Whether any of the following methods has been 18 used to transport either raw asbestos or asbestos-containing 19 products and/or materials of this defendant to the San Francisco 20 Bay Area: 21 (a) ship 22 (b) train 23 (c) truck 24 (d) other, and if so, please specify what 25 method. 26 (2) The inclusive dates each such method was used 27 by this defendant. 28 -38- Cr 1 (3) The types of asbestos or asbestos-containing 2 products and/or materials transported by each such method. 3 RESPONSE TO INTERROGATORY NO. 40: 4 This defendant ceased the manufacture, sale and 5 distribution of asbestos-containing products in 1958. This 6 defendant has not found any information in its records suf 7 ficient to enable it to answer this interrogatory. Its 8 investigation into the subject matter referred to in this 9 interrogatory is continuing. 10 INTERROGATORY NO. 41: 11 Identify all brochures, pamphlets, catalogs or 12 other descriptions or listing of asbestos-containing products 13 and/or materials which this defendant manufactured, sold, 14 distributed or supplied from the year 1930 to the present. 15 For each such document please state: 16 (a) the title of' such document; 17 (b) the year it was printed; 18 (c) the years in which it was used; 19 (d) the purpose of such document; 20 (e) whether the documents, or copies of said 21 document, presently exist; 22 (f) if said documents or copies still exist, where 23 they are located; 24 (g) the name, job, title and current address of 25 the custodian of such documents; 26 27 28 -39- Cc 1 (h) whether defendant would produce such documents 2 for inspection and copying without a formal request for pro 3 duction of documents? 4 RESPONSE TO INTERROGATORY NO. 41: 5 (a - g) Owens-Illinois did not commercially manu 6 facture and sell asbestos-containing products for the entire 7 time period 1930 to the present as this question implies. 8 It commercially made and sold such products from 1948 to 9 approximately April, 1958 when it sold its entire asbestos10 containing thermal insulation business to Owens-Corning 11 Fiberglas Corporation. Owens-Illinois has not made or sold 12 any asbestos-containing insulation products for over 24 years 13 and therefore cannot respond to all subparts of this inter 14 rogatory as it does not have complete records going that far 15 back in time. The Company does have copies of some old sales 16 brochures. They are kept by the Legal Department, One SeaGate, 17 Toledo, Ohio. 18 (h) No. 19 INTERROGATORY NO. 42: 20 State whether any raw asbestos or asbestos-containing 21 products and/or material mined, manufactured, sold, processed, 22 imported, supplied, distributed and/or labelled by this defen 23 dant was sold or provided to the General Service Administration 24 and/or any other governmental agency during the period 1930 25 to the present date. If the answer was in the affirmative, 26 please state for each such agency: 27 28 -40- Cr 1 (a) The name and address of the agency to which 2 the raw asbestos or asbestos-containing products and/or materials 3 were sold and/or provided, and the inclusive dates of such 4 sale pr provision; 5 (b) The grade and type of raw asbestos sold; and 6 the quantity sold or supplied per each calendar year; 7 (c) The trade, brand name, and/or generic name of 8 each asbestos-containing product(s) and/or material(s) sold 9 or supplied and the quantity sold or supplied each calendar 10 year; 11 (d) The means of packaging of each product set 12 forth above; 13 (e) The health warning, if any, which accompanied 14 each shipment of raw asbestos or asbestos-containing products 15 and/or materials. Please indicate the date when said warnings 16 were first made part of the shipments. 17 RESPONSE TO INTERROGATORY NO. 42: 18 This defendant objects to this interrogatory on 19 the basis that it seeks information which is not relevant to 20 the subject matter of this litigation and is not reasonably 21 calculated to lead to the discovery of admissible evidence, 22 except as it relates to sales within the San Francisco area. 23 Without waiving the above objection, to the extent this inter 24 rogatory seeks information regarding sales to any governmental 25 agency in the San Francisco area, this defendant states that 26 it has records indicating sales to the U. S. Navy. Refer to 27 answer to Interrogatory No. 12. 28 -41- cc 1 INTERROGATORY NO. 43: 2 Between the years 1930 to present, did this defendant 3 purchase or othewise acquire any asbestos-containing product 4 or product line from another company? If so, please state 5 for each such purchase: 6 1. Date of contract of sale; 7 2. Terms of purchase and sale agreement, or if 8 you will do so without a motion to produce, attach a copy of 9 said agreement(s) to your answers; 10 3. Trade, brand and/or generic name of each product 11 so acquired; 12 4. Name of company from whom you purchased each 13 such asbestos-containing product or material; 14 5. Location of any manufacturing facilities so 15 acquired, and the type of asbestos products or materials 16 manufactured therein. 17 RESPONSE TO INTERROGATORY NO. 43: 18 No. 19 DATED: July 21, 1982 20 MORGENSTEIN, LADD & JUBELIRER MARVIN D. MORGENSTEIN ELIOT S. JUBELIRER 21 LEE ANN HUNTINGTON 22 23 24 Lee Ann HuntingtonG Attorneys for Defendant 25 Owens-Illinois, Inc. 26 27 28 -42- fc - c c PROOF OF SERVICE BY MAIL I am a citizen of the United States and am employed in the City and County of San Francisco, State of California; I am over the age of eighteen years and not a party to the within action; my business address is 255 California Street, 8th Floor, San Francisco, CA 94111. On July 21, f 19^2> j served the within RESPONSES OF OWENS- ILLINOIS, INC., TO PLAINTIFFS' FIRST SET OF INTERROGATORIES on the _______ plaintiffs in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in a United States post office mail box at San Francisco, California, addressed as follows: Steven Kazan, Esq. Law Offices of Steven Kazan 171 - 12th Street, Suite 300 Oakland, CA 94607 George W. Kilbourrie, Esq. Law Offices of George W. Kilbourne 620 Contra Costa Boulevard Pleasant Hill, CA 94523 I certify (or declare), under penalty of perjury, that the foregoing is true and correct. Executed on _____ July 21, 1982 at gan Francisco, California. 'Soulc/Uj O . - SANEu VILLAFL&R . C 1 MORGENSTEIN, LADD & JUBELIRER MARVIN D. MORGENSTEIN 2 ELIOT S. JUBELIRER \. \ LEE ANN HUNTINGTON 3 255 California Street, 8th Floor . 4-* San Francisco, CA 94111 4 Telephone: (415) 421-9320 RECEIVE"' "X> 5 Attorneys for Defendant 6 OWENS-ILLINOIS, INC. 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA 10 11 12 IN RE: SHIPYARD AND APPLICATOR ASBESTOS CASES (KAZAN AND KILBOURNE) 13 CONSOLIDATED FOR DISCOVERY U ) No. 537 868-7 ) ) RESPONSES OF OWENS-ILLINOIS, \ INC., TO PLAINTIFFS' FIRST SET OF INTERROGATORIES PROPOUNDING PARTY: 15 PLAINTIFFS 16 RESPONDING PARTY: DEFENDANT OWENS-ILLINOIS, INC. SET NUMBER: 17 ONE PRELIMINARY STATEMENT id 19 Some of the events which may be relevant "to the raa ters inquired about by Plaintiffs' Interrogatories appar 20 ently occurred more than thirty-five years ago. In addition, 21 more than twenty-four years ago, effective April 30, 1958, 22 Owens-Illinois, Inc. disposed of the business involved in 23 this action by way of sale of that business to Owens-Corning 24 Fiberglas Corporation. Since that time, Owens-Illinois, 25 Inc. has not engaged in any such business. It does not now 26 and it has not since that sale manufactured, distributed or 27 sold any asbestos-containing products. As a result of the 28 foregoing factors, many of the individuals who might have 0C 1 INTERROGATORY NO. 11: 2 Please state whether this defendant, between 1930 3 and the present, has ever engaged in the following activities 4 with regard to asbestos-containing product(s) and/or material(s), 5 and if so, please state the inclusive dates of each such 6 activity: 7 (a) manufacture 8 (b) supply 9 (c) importing 10 (d) processing 11 (e) distribution 12 (f) marketing 13 (g) sale 14 (h) mixing and/or compounding 15 RESPONSE TO INTERROGATORY NO. 11: 16 (c, d, h) No. 17 (a, b, e, f, g) Yes. However, this defendant has 18 not engaged in these activities for the entire period between 19 1930 and the present. This defendant began limited pilot 20 plant activities involving the manufacture of asbestos-containing 21 products in 1943 and continued such pilot plant activities 22 until 1948. This defendant began the manufacture, sale and 23 distribution of commercial quantities of Kaylo in 1948 and 24 continued such manufacture until April, 1958. In 1953, this 25 defendant entered into a sales agreement with Owens-Corning 26 Fiberglas Corporation under which it agreed to the sale of 27 asbestos-containing products to that corporation. Owens28 Illinois believes that it ceased the general marketing and -10- OX ROb <C 1 sales of its asbestos-containing thermal insulation products 2 at that time, disbanded its sales force, and that thereafter, 3 Owens-Corning Fiberglas Corporation was the primary marketer 4 of its product until the sale of the division to Owens-Corning 5 Fiberglas in 1958. This defendant has not been involved in 6 the asbestos-containing product business since that date. 7 INTERROGATORY NO. 12: 8 If the answer to either of the preceeding two questions 9 regarding the mining, supply, importing, processing, distribution, 10 labelling, manufacture, marketing and/or sale of asbestos11 containing products and/or materials by this defendant is 12 affirmative, please state the following as to such raw asbestos 13 fiber and/or as to each such asbestos-containing product 14 and/or material: 15 (a) The trade, brand name and/or generic name of 16 each and every such product and/or material mined, supplied, 17 distributed, processed; imported, labelled, manufactured, 18 and/or marketed in any form or quantity between 193U and the 19 present time. 20 (b> The date(s) each such product and/or material 21 was first placed on the market, including the date(s) each 22 such product or material was first marketed: 23 (i) on an experimental basis; 24 (ii) on a test basis; or 25 (iii) for sale. 26 (c) The date(s) each such product and/or material 27 was withdrawn from the market. 28 -11- Cc 1 INTERROGATORY NO. 43: 2 Between the years 1930 to present, did this defendant 3 purchase or othewise acquire any asbestos-containing product 4 or product line from another company? If so, please state 5 for each such purchase: 6 1. Date of contract of sale; 7 .2.. Terms of purchase and sale agreement, or if 8 you will do so without a motion to produce, attach a copy of 9 said agreement(s) to your answers; 10 3. Trade, brand and/or generic name of each product 11 so acquired; 12 4. Name of company from whom you purchased each 13 such asbestos-containing product or material; 14 5. Location of any manufacturing facilities so 15 acquired, and the type of asbestos products or materials 16 manufactured therein. 17 RESPONSE TO INTERROGATORY NO. 43; 18 No. 19 DATED: July 21, 1982 20 MORGENSTEIN, LADD & JUBELIRER MARVIN D. MORGENSTEIN ELIOT S. JUBELIRER 21 LEE ANN HUNTINGTON 22 23 By 24 Lee Ann Hunting tori cj Attorneys for Defendant 25 Owens-Illinois, Inc. 26 27 28 -42- or *66