Document VG0v0dm6z5DxKnXp9R6yLG6Oj

NUTTER, McCLENNEN & FISH ONE INTERNATIONAL PLACE BOSTON, MASSACHUSETTS 02110-2699 TELEPHONE: 617 439-2000 FACSIMILE: 617 973-9748 October 29, 1991 18371-1 /; DIRECT DIAL NUMBER: (617)439-2382 John R. Downey, Esquire Union Carbide Chemicals and Plastics Company, Inc. 39 Old Ridgebury Road Danbury, CT 06817-6269 Mary Sundt, Esquire The Dow Chemical Company D30 Willard H. Dow Center Midland, MI 48674 Judith Elledge, Esquire Conoco Inc. 600 North Derry Ashford Post Office Box 2197 Houston, TX 77252-2197 Re: Alice L. Warren, Administratrix v. The Dow Chemical Company, Union Carbide, et al.; U.S.D.C., Civil Action No. 89--30201F Dear John, Judy and Mary: On October 25, 1991, I spoke with Ron Burnett. The telephone conference was set up by Monsanto's in-house counsel, Marty Zucker, and Mr. Zucker remained on the phone during the conference. Basically, Burnett cannot identify any of the suppliers of VCM during the time period he worked at Monsanto. In 1951 and 1952, Burnett was the manager of the "Plastics Division Purchasing Group" at Monsanto's facility in Springfield. His group was. responsible for placing purchase orders requested by the "product and traffic group." This latter group was responsible for placing orders for tank cars of VCM. I asked Burnett whether he had any specific recollection of VCM purchases from Union Carbide, Dow or Conoco, and he stated that he could not recall any specific purchases from those suppliers. Burnett did confirm, however, that VCM purchases PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" HYANNIS, MASSACHUSETTS COUNSEL: AMSTERDAM * LONDON TOKYO UCC 081329 NUTTER, McCLENNEN & FISH October 29, 1991 Page 2 were made from other suppliers when Monsanto was unable to produce enough VCM to satisfy production requirements. Burnett also stated that he would not be surprised to learn that such purchases were made from Union Carbide, Dow, or Conoco. Marty Zucker then jumped into the conversation and said, "Basically, what you are saying is you cannot say that Dow, Conoco or Union Carbide supplied VCM on any given-date, but then again you cannot say that they did not supply VCM on any given date." In response, Mr. Burnett stated, "Yes, that is correct." Thus, given that Mr. Burnett cannot identify any suppliers of VCM during the decedent's exposure period, his deposition will undoubtedly be a waste of time. On the other hand, plaintiff's counsel assures us that if nothing new is learned during Burnett's deposition, he will agree to dismiss Union Carbide and Conoco without prejudice. I have enclosed a copy of a Notice of Deposition regarding Mr. Burnett's deposition (which is scheduled for November 7, 1991, in St. Louis). Please note that the deposition notice is a 30(b)(6) notice, and we are trying to determine whether plaintiff's counsel really intends to take another 30(b)(6) deposition of Monsanto or whether the 30(b)(6) designation is a mistake. Finally, please also note that the deposition of plaintiff Alice Warren is scheduled for November 11, 1991. It is my understanding that Mary Sundt will discuss the sharing of costs and expenses for that deposition with each of you individually. In the meantime, we will continue to keep you advised of further developments as they occur. Very truly yours, SPR:ncg 4952i Susan P. Ritter PRIVILEGED AND "CONFIDEN-nAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 081330