Document VG7DRRkMQBjDQR7BB71BKQb98

FEB-26-98 17:11 Pron:PHELPS DUNBAR 7136260656 T-671 P.06/24 job-156 RALPH ANTHONY NICKERSON et al., Plaintiffs, vs. MISSOURI PACIFIC RAILROAD COMPANY, etal. Defendants NO. 95-04-2062-C s 9 5 a9 S s s fi 9 6 IN THE DISTRICT COURT OF CAMERON COUNTY, TEXAS 197TH JUDICIAL DISTRICT DEFENDANT MISSOURI PACIFIC RAILROAD COMPANY d/b/a UNION PACIFIC RAILROAD COMPANY'S THIRD SUPPLEMENTAL OBIECTIONS AND RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION TO: Ernest Ussy, Plaintiff, by and through his attorneys of record, Baron & Budd, The Centrum, 3102 Oak Lawn Avenue, Suite 1 TOO, Dallas, Texas 75219-4281. Pursuant to Rules 166b and 167 of the Texas Rules of Civil Procedure, Defendant Union Pacific Railroad Company, Defendant herein, hereby submits its Third Supplemental Objections and Responses to Plaintiff's First Request for Production. General Objections 1. Defendant objects to the Requests to the extent that they-request information protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine. Any information subject to any such privilege inadvertently provided by Defendant in response to the Interrogatories shall not constitute or be deemed to constitute a waiver of any such privilege. 2. Defendant objects to the Requests to the extent that they request information that is neither relevant nor likely to lead to the discovery of admissible evidence. 3. Defendant objects to the Requests to the extent that they exceed the scope of permissible discovery under the Texas Rules of Civil Procedure. 4. Defendant objects to the Requests to the extent that they purport to require Defendant to provide information that is available to Plaintiff where the burden of deriving or ascertaining such information is substantially the same as for Plaintiff as for Defendant. PD5-.85952.1 RECEIVED TIMEFEB. 26. 5:07PM ' FEB-26-98 17:11 From:PHELPS DUNBAR 7136260656 T-871 P.07/24 Job-156 5. Defendant objects to the Requests to the extent that they purport to require Defendant to provide information pertaining to any time period other than the relevant time period which Plaintiff was allegedly employed by Defendant. 6. Defendant objects to the Requests to the extent that they purport to allege Plaintiff was employed by Missouri Pacific Railroad Company as opposed to Union Pacific Railroad Company. 7. Defendant reserves the right to supplement or amend its responses as appropriate.; and 8. This request is duplicitous. All documents responsive to the following requests have been previously produced in the Antons case. To avoid unnecessary expense, copies of the actual documents produced in the Antons case are not included herewith however, reference to Bates numbers is provided. REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 21: Provide a copy of each policy of liability insurance intended to provide coverage to the Defendant, its agents and/or employees for liability on the date in question for allegations such as those delineated in Plaintiff Original Complaint (and ail amended complaints thereafter) including, but not limited to, all primary and excess policies covering the Defendant on the date In question, indicating the name and address of each carrier. RESP.QN5E: Objection. This Request is vague, ambiguous, overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. Subject to these objections. Defendant produces a document titled "Lloyd's Policy," dated September 18,1941, attached hereto which Defendant purchased during the time plaintiff was employed by Defendant. Defendant has not located any insurance policy dated prior to September 18,1941. The policy is a comprehensive general insurance policy intended to provide coverage for any and all matters which Defendant might be held liable, as is evidenced by the written document. REQUEST FOR PRODUCTION NO. 24: Provide a copy of all photographs, diagrams, videotapes, slides and/or movie film of the railroad, railway cads) and/or engine(s) and/or locomotives) owned or operated by Defendant including, but specifically not limited to the engine room, boiler room, common areas, living quarters, railroads, roundhouses. RESPONSE: Objection. This Request is overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. Further, it is not limited to the time period in which Plaintiff was allegedly employed by Defendant nor limited to the jobsites and/or facilities on which Plaintiff was allegedly employed by Defendant. No documents responsive to this Request have been found for Plaintiff's alleged work site. Upon request and at a reasonable time. Defendant will make the Union Pacific Railroad museum in Omaha, Nebraska available to counsel for plaintiffs for inspection for any existing photographs of the plaintiff's alleged work site. REQUEST FOR PRODUCTION NO. 30: Provide a copy of ail reports, investigations, transcripts, memoranda, correspondence and/or documents of any type you received from, or sent to any city, county, state, or federal entity, including but not limited to the EPA, NIOSH, NIESH or OSHA regarding either the potential health hazards or dangers associated with exposure to asbestos-containing products and/or machinery requiring the use of asbestos or asbestos-containing products and/or materials or airborne asbestos, FOS:B5952.1 -2- RECEIVED TIMEFEB. 26. 5:07PM FEM6-98 '17MI 5iFroiitiPHEPS!SONBAR 7735290658 T-871 P.08/24 Job-156 or regarding any surveys, testing or other actions taken to determine the presence of and concentration of airborne asbestos on such of Defendant's railroads, railway carts) and/or engine(s) and/or locomotives upon which and in the vicinity of which Plaintiff worked. RESPONSE: Objection. This Request is vague, ambiguous, overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. Further, it is not limited to the time period in which Plaintiff was allegedly employed by Defendant. Moreover, this Request seeks documents. If any exist, which are protected by the attorneyrdient privilege and the work product doctrine. Subject to but without waiver of these objections. Defendant has located no documents responsive to this Request for the years of plaintiff's alleged employment. RFOUEST FOR PRODUCTION NO. 31: Provide a copy of all safety inspection or site inspection records referencing in any way asbestos or asbestos-containing products, friction products and/or machinery requiring the use of asbestos or asbestos-containing products and/or materials placed on or used on such of Defendant's railroads, railway carts) and/or engine(s) upon which and in the vicinity of which Plaintiff worked. RESPONSE: Objection. This Request is vague, ambiguous, overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. It Is not limited to the time period in which Plaintiff was allegedly employed by Defendant. Subject to but without waiver of these objections. Defendant has located no documents responsive to this Request for the years of plaintiff's alleged employment. RFOUEST FOR PRODUCTION NO. 32: Provide a copy of all Defendant's safety inspection policies and procedures in effect during the time Plaintiff was employed by Defendant regarding the handling of, application, use or exposure to asbestoscontaining products, friction products and/or machinery requiring the use of asbestos or asbestos-containing products and/or materials on board the Defendant's railway car(s) and/or engine(s) and/or locomotives. &ESJ?.QN5E: Objection. This Request is vague, ambiguous, overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. It is not limited to the time period in which Plaintiff was allegedly employed by Defendant. Subject to but without waiver of these objections, Defendant has located no documents responsive to this Request for the years of plaintiff's alleged employment to date. Investigation is continuing and supplement will be made consistent with Texas Rules of Civil Procedure. REQUEST FOR PRODUCTION NO. 33: Provide a copy of any and all photographs or video recordings, sketches, drawings, or pictures in Defendant's custody or control or that of your attorney, or of any agent or representative of you or your attorney, whether made as part of the reports of experts or made by you, your attorney, or persons acting as your agents or representatives, and pertaining to any of Defendant's railroad, railway carts) and/or engine(s), and/or locomotives, engine rooms, boiler rooms, railyards, roundhouses, shops and/or common areas, concerning any asbestos-containing products, friction products and/or machinery requiring the use of asbestos or asbestos-containing products and/or materials contained within those areas. Request Is hereby made for one print of each photograph or video recording produced in response to this request. &KEQNSE: Objection. This Request is overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. It is not limited to the time period In which Plaintiff was allegedly employed by Defendant nor limited to the job sites and/or facilities on which Plaintiff was allegedly employed by Defendant. Moreover, this Request seeks documents, if any exist, which are protected by the attorney-client privilege and the work product doctrine. No documents responsive to this Request have been found for Plaintiff's alleged work site. Upon request and at a reasonable time, Defendant will make the Union Pacific Railroad museum in Omaha, Nebraska available to counsel for plaintiffs for inspection for any existing photographs of the plaintiff's alleged work site. rD5:B5952.1 3- RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:11 FromHELPS DUNBAR 7136260656 T--871 P.119/24 Job-156 RFOUFST FOR PRODUCTION NO. 37: Any models, visual aids, experiments, documents or other writings or any items of demonstrative evidence prepared or preserved by you, your attorney, your experts, or any other person acting on your behalf that will or may be used in the trial of this lawsuit. RESPONSF: Objection. This Request is vague, ambiguous, overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. Moreover, this Request seeks documents, if any exist, which are protected by the attorney-client privilege and the work product doctrine. Defendant will produce such items consistent with the Texas Rules of Civil Procedure and any outstanding scheduling orders issued by the court. RFOUFST FOR PRODUCTION NO. 38: Please provide curriculum vitae for all expert witnesses that Defendant intends to consult or call as witnesses at the trial of this case. RESPONSE: Objection. This request is vague, ambiguous and impossible for Defendant to answer as to Defendant's intent. Defendant has provided the most recent CV's available in recent litigation with the law firm of Baron & Budd in the Allred case. Defendant will make those same documents available for inspection and copying at a reasonable time at the offices of counsel for Defendant. RFOUFST FOR PRODUCTION NO. 39: Copies of all depositions of any person previously employed by you specifically including, but not limited to Defendant or Defendant's employees, representatives, or agents, taken in connection with any alleged asbestos exposure aboard and/or in the vicinity of any of Defendant's railroad, railway car(s) and/or engine(s) and/or locomotives. &ESP-QNSE: Objection. This Request is vague, ambiguous, overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. To be supplemented under separate cover. REQUEST FOR PRODUCTION NO. 44: Provide copies of any and all documentation evidencing Defendant's compliance with the Boiler Inspection Act, formerly U.S.C. 20701, during the last thirty-five (35) years. RESPONSE: Objection. This Request is vague, ambiguous, overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. Additionally, this request demands documents outside the time period during which plaintiff was allegedly employed by Defendant. Subject to but without waiver of these objections. Defendant has located no documents responsive ro this Request for the years of plaintiff's alleged employment. In compliance with agreement with counsel for plaintiff and court order, Defendant is producing an example of the earliest maintenance log available that has been located in response to this Request under separate cover. Due to the records retention policy of Defendant, no records earlier than those produced herein have been located. These documents are indicative of the past and present maintenance records maintained by Defendant and its employees to ensure compliance with the BIA/LIA. PD5:B5952.1 4- RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:12 From:PHELPS DUNBAR 7136260656 T-871 P.10/24 Job-156 Respectfully submitted, PHELPS DUNBAR By Deborah Newman Texas.State Bar No. 01237257 Mark Schaffer Texas State Bar No. 00792199 3040 Post Oak Boulevard Suite 900 Houston, TX 77056 (713) 626-1386 (713) 626-1388 FAX Attorneys for Defendant Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendant Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company's Third Supplemental Objections and Responses to Plaintiff's Requests for Production has been sent via First Class Mail to other parties of record on attached service list and via Certified Mail to Plaintiff's counsel of record, Baron & Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219-4281. this 2day of r'&'i? 1998. /? Mark B. Schaffer FD5:659S2.1 -5- RECEIVED TIMEFEB. 26. 5:07PM FEB-26--98 17:12 Fran:PHELPS DUNBAR 7136260656 T-871 P.11/24 Job-156 J(4)', Form ayproeed fey ldeyde Padu ail'Mi' few* aa4 Noa-Marlae AwncWln*. * a> v^ov) "p '' * k % Xa Mfcv. a..r _aMa_>__O__w__n d** . <r Vr Itt Jaa- J*M. atU to fWMMW ay (M rnaltie tf tWi > w>itw-M--r-T--too-a-tau-o-ae-a-ra--r*-n--lXMyM/rrrMK.MKK--aWrtf*irna!knhWat.fia.nv--aUdamrtotairatdto/errrr ar /aar Mraret y U"*rdW*r*>PjMwtuu<bjpVaat^Mgnr QMfftcr y r v LLOYD'S POLICY [(MW ealr^l^^Miiiiij^ajMaeiy^fe^ri^kaaynyttadtaaB Mbereas tthion pacific railroad coxpanr, sr al at OBahae Robraska (fee*aatier railed "tkadeaajed''). S1ASW paid UeS (90000*00 Tnaliai r nraulrlnarteii to Oe, wke few** kanuto eeWafieed ear lUmto w Itm aeeiaar to-- toitowi- PUBLIC LIABILITY id/or XlffLITERS' LIABILITY and/or PROPERTY DAXA08, as sst forth la the wording attached bars to which Is to ho taken sad road as part of this policy No. BS754 ? (j-'st *--ir" J--------- r------- IBth r 5#ptflBhor 1941 \ RQdMdtaffvuho* 18th i Saptamher 1945 Looil Sti&dliA Uii noon UU littii--wnntl ay HIWWHfocUfo>tttla to ha <tot r wprti IIW11 <r SOW now iz, Uai we Ika OHwnlMto, Htlan el Dm eradicated) vkaae Mature Hubtifl) ta ike BakaMa kanto tie mi au la tke Sfekie urtal, kart* ktod Ontht. aeab ter fell a*a fan aad M aaa Mr kaetkw, ear Balia. tiwian.iri > llalimnaw. aad la <>* at kle dae yiayijrtlrii Ij. to lay ar Make fetod to ika iaait ar to (fee imnt'i Tiecaien. llfellaann.ia mpaa, all ml Tea afediar Danya aaitaranllaa toy kawiia to rke.aaktan toaltor at ttUlimytuM' ^ toriMwaatteitaittoanaimnaaalulafatlay; at unaadlaa toefenrea Oo0 Hundred por COnt OI SBOUntS r r as par wording attaohad ! aek toftoaat to ka aada vltkta Berea Sam altar aaak Laaa aatuar BaaMa ia anaad. aad aa ikaa ika du antoitoa far vkiak aiah at Uelke UaderwiUeniethMeekaU ka minimi fey HlinaM to kla yreyarllaa ea imrliliil naaritad to IkeeaMfekadileof Ike daunt, ftonatui ar TruaerUie at ika totol Baa eeeeied wkiak la to Ika told Xkkie aM aypaOto Ika detadWe Maakar al Ike J tyWtoleotwtoekeaefePada nliMlaetoiwker. > -V T *i_ _ _ _ _ _ _ _ RECEIVED TIMEFEB. 26, 5:07PM FEB-26-98 M2 Froa:PHELPS DUNBAR 7136260656 T-87I P.12/24 Job-156 mm fiEfig/f i m i o Pp: III li'SliiiSJS L'g fe--' BS-a'i PS Spiltit inn iafen oj. ni!i- ll r.s a* . fe-|,|f3 Hi-S I !? Pr| - uic e muk^>. *! ?'i *= ttii-f.i ip.:; I.& E -=-? !<5tw?; IR` it RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:1-3 From PHELPS $MB*R 7136260656 T-671 P.13/24 Job-156 RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:13 FromiPHELPS DUNBAR 7136260656 T-87! P.14/24 Job-156 ^ DcAoitro Ktunl oi SysdicttM 4 Amount. Pm*outf or Proportion of th ToUJ Amount nurod ahwtd Wcwmo tbo Moubon of tbooo Syndioti- ^ISSST mma mliiliwfitemor miwin- "882227' | *lSSBff ttsar ---- *i75" qo T-P. TP W4 lr>a 561 I^'Wl _bk- t>n 49 u. T.P Lr*9 ISo 1 -u Sk7 .T.P *-5 qqi /9-q-bi iLL_ --lXo'fTQ- | b*-s &(> ^ *b- t>t6 ^le l )-U, i-7 7 uOo *S7f> * -T.P -i---*-/<o/r/"ji1 *Jfej________ Q15 PJ bl^/ ^ s/4/ %- ^>* b 31.1= 13 5^4 V'O ____ -g-D l _ b s la (H i 4 {l ;7P^ 4 7-Sa 7*$V S-.I T?* IfJoU 7f *7 $4 5-k 342J , f iqg _i_ 9?f. Vj '/<% | 13 941 ?v:) > _41 ,CJo,. A/. W\s - i L#_3_ Jtk. t-3 . ________ Bo 1 d H jj -A- .9#- J *5 . Sif.b. 1 VOt. r \ RECEIVED TIMEFEB. 26, 5:07PM FEB-26-98 t7: 13 FronrtPHELPS DUNBAR / ' 7136260656 T-871 P.15/24 Job-156 rFORM JU) 564 N~ .9.67.54 _ J3C* . ZT LLOYD'S LONDON URTOB PACIFIC RAILROAD COKPAWY.. --------------------------- BT AL------------------------- xoojt g *U.S.$30000.00 Polity andStamp *25 30,000*25 PmtftwTvv 19th 3ptabr 1943 Moon * L.8.T* Tin Auuttt it rwvHtm M lul Mil Hlitr. **d. it iottma. Warn it Immunity hr aftwaiiaa. In tha vrant of af oeeumno* likaly to raault in a claim nndar thia Policy, immediate notice iboold bo given to:-- RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:14 Ftoib:PHELFS DUNBAR 71362606S6 7-171 P.16/24 Job-1?6 ENDORSEMENT. `''aching to Policy No. JBJBZ54 of , ELQvpS 118353613^338. ttttti to UNION PACIFIC BAXLTOAD--------------------------------------- --------- ^0: It is agreed that the wcrde - ? "Any and all expenses paid or Incurred appearing on line 13 of Condition A are eanoelled aid replaced toy the following:* "Subject to all limitation expressed in Chi.* policy any suss paid or expenses incurred All other terms and conditions to remain unchanged. |Tfj SEDGWICK. COLLINS * CO.. LIMITED. ?. Onaduucb Smi R*. LONDON, RC. 1. \ 3 1(3 ^ tti ISth June. X94 2. RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:14 Froa:PHELPS DUNBAR 7136260656 T--871 P.17/24 Job-156 ENDORSEMENT. * 4tlachini to Policy No. 66754 e}V -LLGYL'S TJNDE.VWnTTl-______ to UHic:; pacific railroad company et at____________ ___________ VJEKO;- It is understood and a0roed that the premium Tor this insurance of $30,000 is payable as follows:- * $25,000 as at 18th September 1S41. 45,000 as at IStb Septombsr 1943. In vis* of a deposit premium sf *30,000 being shown as due at inception, there is a return premium due of $5,000 to redvea this amount to *>25,000. All other terms and conditions remain unchanged. esaewiex. collins m co.. uwrrED. 7. CnoehiiRk ttna. TJ. LONDON. &C.4- Dated 20^ february, |9$2 RECEIVED TIMEFEB. 26, 5:07PM FEB-Z6-S8 !T:M FrdnsfffiU^ 7136280666 T-8'71 fS/24 Job-156 u. P. R. ft. CD Au:! t.i, 55"; t UIDKr.azc.S It Uoya's tendon (barelutlttr cullii Unaarwrleara"j hereby l^ ~ICb 1. union Pacific RoilroaS Csapsny 2. Optgae Itxrc Uu gaagany 3. Qregon-Seahington y.vilroaa it tiavijatior. Zoa angalea & Sait lake ?.aiiraad 2or.;,toy 5. Me at. Jo*ph end Ortad Ialan: i.ailra? Sor.?a=7 6. Dae 2inter Railroad Company 7. Imramia, MortB Park fc '..ejterr. JiHrosi 5a: ptr." 8. Saratoga & Sscairpssst Vail:? y.iilrcii emeses? v. t*--1"" valla? trsec.'-orca.ios Centra? lo> interstate iramait line* 11. Interstate Transit 52a*c, Inc. IS. tolan rmciric ste^oo, incor..crated IS. union tactile Stv^t 2or.?cr.y 14. Utah tala cam?*?? 15. Utt'c. Rack* Saaptar of- arlanne 16. iotor poach Termiatl, lac. 17. She Union pacific Coal Stepan? 16. taahir.gto union sail Sox?sn7 15. southern Wyoming Stilltits SKpan? 20. union Pacific Water Seepan? 21. the fans** Sit? Isiuatrial Land company 2t. Isa Vegas lane ant later company 25. Toe Unite la-n Cospasy 24. Ovarian: TaraInal aarebouse Soupssy, and as. m-eieno tensmal ineasbent company aeverasly and jointly, barelnaltar oalled the "Inacrei", an: the first fifteen a'oeve wk katof sometimes nereistrter for oonvanianoa referred to as * carrier insured" ana tna r tir.lr. above named bains sometimes naralnafter rolerced to as " "on cerrlar Incurad*. Zl! 2aiCX5BlitlOS of tba premium and aubjaet to the ayeamenta. condition*, licit* ana terms eat fsrth herein, the underwriters agree 1, (a) TO pa? en behalf of the Carrier Insurei all sums *~slc the oerrler insured anail beets* OBligctsd to pay b? rests.*. of liability lnpoaad upon it b? lav for damages or ostipensatior., lnoludlae dnages or caaponsaClon for ear# anc lose cf a*rvic, because at bodily Injury, sichnea* or diaaaa*, including daatn at an? time resulting tturefrom, euitainai b? an? ptraaa or persona within the United states of anarise and for dsnsgas because or aoeldaatal injur? to ar destruction of proport?, including tbs loss af use thereof, within the United itates of imarioa by reason of oecurransss or Hazards named ia paraarapHsed) and (2) of this subdivision <a>; eat. tu pay en benalr or cue Boa-carrier incurad all suus vnieb the Zon-carrla: Insured aoael baeoaa obligated, to pa? by reason of liability Imposed upon it by lav ror damages or cMpentatlon, including damaaes ar emayeueaHou for care and lose of services, because of bodily injury, sickness w disaeit, including death at as? time resulting tharafroai, austalnad by any employee or uusloyeaa cf t* Vu-.tniw Zmaura aituiu tea united States ef gmeries by reasan cf the occurrences er hazards named in paragraphs numbered (1) and (2) of this eubalvislon (a). ^X8B occurrences and hazards hereinabove referred to * < -1- r RECEIVED TIMEFEB. 26. 5:07PM FEB-2'6-98 17:14' Ftob: PHELPS DUNBAR 7136260656 T--871 P.19/24 Job-156 (1) OCSCMItKCES or fcaterda or. tbs preslaee of er.t insure; hereinafter defined. or upon any aldowilk or other Ti laaedletely adjacent to the sane usea by cue Insured's s.\ i-lops* mr IM pwbllo, or elaawhare IT eccurrlae ncsuae ox obi ect or any ployee in the courts of Us cploycent t- the insuric ir. cannsetion with the business of tbs Insured ceoaustel on said twlsse; ud (2) OCCTOSjRCZS or busierds resulting free or inelnsnt to or srlslng In cooneatlan with tbe business operations of the Insured SS hereinafter defined. SB 13 ZXSfJSiJS ASKSZD that ens Underwriter* bereon shell be liable only ror tbe exoess ol loss over *25,000.39 ultlnst* not loss In respset of sny one person end *,50,300.00 ultlnet* net loss In reepeet of sny one ooourrenes or accident ss rsgares bedlly Injury, >libaH,or dleeose, including eestn t any tine resulting eberefroai $nd over $26,900.90 ulilnste net lose in raspeot of any dels or series of clsins arising out of OBs accident os rsgsrcs dsos ss property (sold bans# sr.sunt In axcsss of which coverage Is effsrctd oy tbls jell:; bits *#! aftor referred to as tba "retention of toe insured"); tnl tie:, only up to {50,300 of exoee* In respect of each and every occurrence or accident. It it understood, novever, edit litre is no Unit to tbe nusber of occurrences or aoclaer.ts fur v-tiec olalns nay be made hereunder provided such occurrences or scoioor.c* oscur curing tns currency of tale poiley. (b) nezsx tns lobs is likely to exceed the retention of th Insured, es Investigate essurmeeo ens involving bodily Injury, sickness, disease, asset or injury to sr destruction Of property, to negotiate setclenent of til clsiss bade as aer ba deaned sxpeslane by ths Cndarwrlcsr* and to dsfsn In tbe nase ana on behalf of tbe Insured suits for *-;- seer. If soundless, brought on account of suet bodily injuries, siolcnees, disease, death or injury to or destruetlan of pro,art* unless or natll the Underwriters shall alact to affaot settlasen thereof] and (e) wnc* the lose exaatoa the retention of the Insured, to pay In proportion to the underwriter!' proportion of ebe loss (1) all ooste taxed against tbe Insured is soy legal proceeding SaruUs by Bs uadsrwriesre essarclae *o tns fs-egolng parsgrs-:: (bj and interest aooruing on verdict or after Jud^ent up to tbs date of payaene or tender to judnent creditor, or hie attorney of record, b7 the underwriters, Iz) all ib>m1ub ahargee on atetotbeat or appeal bonds required in eueh legal proceedings, ad (3) all axpaaaee incurred by ene cndorerlters for Investiga tion. negotiation and defense. 2. PBIHIBIOIB. Wgtiaas. ba prsises or tne son-camsr insured IChln the ooverage of this poiley, sna the ;rcrises of tbe carrier insured eltain the coverage of this poiley In co far es ueh BOBsrage.la tbs latter sees psrealo* so liability beesuss of bodily Injury, -sickness or diesess, including death at any { tins resulting thsrafron, sustained by any employee or employees of tha Carrier Znaursd. are all tha at any tiw during ; tba Ufa of this poiley eo&ed, leased or occupied fcy the 1'on-' ! oarrler Xnnirad or tbe Carrier Insured, as the esse nay be, or r lc any degree in the possession, oere, coacuet or oontrol of the I Hon-oerrler Insured or the Carrier insured, as the case nay ba, f *lth the exoeptlon of any elevators, asoalstors and hoisting device# designed far the purpose of lifting or lowering l paeauissre ar Straight tram sas floor level to another. fn# RECEIVED TIMEFEB. 26, 5:07PM FEB^ZF-SF 1T:T4' PranPHftfF DUNBAR 713S26065B T--871 P-20/24 Job-156 prealaes of tu Carrier Insured within ts* cover*-* of this poller In ao ir as suot coverage pertelna to all other llari-i Of tha Carrier Insured soared tor tbla toller are all the praolaea at any tine auriaj ttoa Ufa of. stole 70X107 otnad, lac: or occupied toy the Carrlar iwureo cr in any aejr** in tna poseeaslon, cars, conduct or control of ttoa Samar insured ai follow: (a) RillF.au> and railway rotates ami all bulliinu* esc structures thereon or Inedlately adjacent etoarato dirsesly connected with, and exclusively used fer, ttoa .'.avn-ans si cara, loeoeotlvaa and aeeor care end the coastruailir. ant dulntaaanaa at traaKa and ntMtri ImihwUI tl-Lnjt, rallraac sr. railway yaroi, rsilroed am railway aboFt an-- riilrsc.- an: railway peacBr *na trals.se stations out nst lnsl-.ln,, ttoa . Colon Faoae'.oOr Station at feehe. '.obrs.sce, tr.e hstt. per-.jany atecian, bocals, clufc houaaa and recreational ct.'.iifi, tooneaa and other storage dailaisiaae. the n_h: ol try ar tha Carrlar Insured and not in:-usin.; ar.jr raata---i:tt or dispenser:.; or tea Samar Znaural serving fosda and oavara.-ac eno located oa the ri3tot of way 01* the Carrier inourco or elae:t*rs, and not Includin' any elevesars, aesalatare, faoists, sar. Hiss, s):i lift* or holaeini dawieaa of whatever kins or nttura lesaset In or on jretlses ocaad, latte- or occupied toy 01 Ir. any -arras ir. the .ssesassloa, core, custssy or control ai she carrier issis-di. (to) 5C3 gara^ae, ancaps tna bus gerdge ai sis isoarri at twenty-eeeenS and Leavenworth atreats, C&aha, yetoraaka. 3. ayiiassi CFSHHiUd. the operosiaai oi tss .tr.-str:i; Insured alinin' .he ccTart-a 0: ttis galley, ant to* aterstiens of ttoo Carrlar insured within ttoa covst-a^a of this ?.->licy In so far aa suet coven;* in the latter ease pertain. :s iiat-lity toacauaa of bosllr injury, sictoess or alaaaaa, induing Setts at any tiso resulting therafrat, sustained toy any ss.-layoc or ar.ylc7eae oi ttoa Samar Insured, (ball toe all operations any**: conducted toy ttoa Vcn-oarriar loxurad cr the Ssrrier Insured, as ttoa case =a? be, vltfcir. tna Csltaci its.ee* af merles ct s:.y sir* duns; the life af tils seller, lassudln; coil: unaartasan uy indtrtsder.t contractor*, and all operation* partittes :y tr.e >'on-carricr insures ar ttoa Oarrlar Insured, as tr.a seae ti; toe, an tha prauUe* in cuis jtlic7 callnea. tea oaarctlsr- cl t:.a Carrlar Icicrei within the cov*r*0s of this . ell -y ir. sc far is aucs coverage ;attain: to all other llsoility of the Carrier Ineurai oswras toy this polio; shell toe ell o^aretlans usyvtcre conouesao toy tna carrier insured within toe Suites dsstec of Anerica at any ulna during tha Ufa ei this ,allcy, inu-uilng work anaertatoac toy independent sentreotars, tret ail srsmtiane persisted toy ttoa Carrier Insured cn ttoa ;=?crises la init ysiiey dafinaa m relation to ooverage pertaining to sued astoer liability, aa folloaas (a) ILL operation! Involving or oannactad tiit^th* aziataaca, handling or r.oveient of trtiss, ces-s, lassrariras, noter oara, band cara and other wsmseest oserafiad 01- tr.a Car: It Insured wherever ttoa et-.a =*y ha oparaead, insludlhS ttoa oo&ctruesion or repair tbaraaf, tout not Including cm ayaretion of work trains in eooneotian with wark uaoartaken toy lnoaisnaant coavrsesora ana not xBaluaxns tna loosing, unloading, handling ana U4t of toitena gaa on any pranlaaa haralnnoava defined usaer the eaptlen FRKI53S; tnia azelnalon not to apply, however, to the handling and uaa of butane gas on trains, oars, losastoeiwas, otor ears, notor eoachaa, or tneeka or other aquitDar.t, elchar aa fuel or aa lasing. (to) KAXZSClto nalatananea and censtruetisr. .averstisns, Inoludiag grade aepcratlon cork, *S RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:15 "FrwPKEtPS DUNBAR '7136260656 T-871 P-21/24 Job-156 (a) 0?3Ea7IC<& lavolrlnS or eonnaeta: with *M asieu-.sc "t or ssvcast at neeer ooechea er.i truer: carrying, ar incidental to cm carrying of. passengers cn=/or friDhc J;r hire, not including, UoveTar, the operation of ooiisresc and vehicles ussd too opcruteC is ox incidental co or In ooar.accisr vita cm oonduet-and operation of tee Sun Valley yscretclonal raaort of tu Carrier Xnscrao in tha State or Idaho, ocher cm: the operation of sotor catenas or othar actur-cclte e^ui'-er.; Tbit uaad in CM transportation of pajaargor* dtaclr.ad ct uun Valley between a aCation on lines operates by Union .-acidic Railroad cocsaar and xun Valley or la Cba craat.xrtaUan of paiaangari departing fron Sun Vtller batoaac ttoc place ar.i c tcatlon oc cna Unas operated by aall Railroad ieusisj. gsr-tlKS. Stic policy foac net sever; H)CM Hah; 1try of CM Iiuuraa arising out or accidence, saccal by cm ownership, oparatioc sy cainteaidcs by :.M *=-uret af tar aircraft or nsiali; (2, Injury co and *aatreeClon a: psparcy sums, laaaad, oootplei cr me: by or ir. tr.a custody of CM Inauraoi province, howavac, aha: till ?slic7. escort any equity or beMfldil Inc-irait of sthara In rail preparer ocnai : cm but tslo co cues ocMrSuader Ciaa aalaa contraotaj <51 bodily Injury to or death a: oi.y tupleyen cf tr.a Ssa-arad unuer any isrissn's Sxipcnsttlrr. las. 5. gs^T'iSs is? '13S. tm terr. "ultissto nat loss" ahall ba usaerstosi cc naan tea sun actually pau. ry tha Insured in aaetlaaenc of loaaaa or liability after niScia; saauctidss for al raeoaariaa. aalvagee asd all olaias ar ochar insursnees, thetsar recovered or eat, an* null sac lanlua* mb axyaMaa aa : ;j ie inaurrtc ana pal- by tM Insured in investigation, adjusting im litigation* e. s;Lgr.5Dn. aan iwr-sir.J-s. TM card* insured" ,*8arrier insure:* tnu'b.sn-carriar insure;.1' (ball Insluda aa vail a* cm Insured named in sbla policy any xaauatv* officer or Ciractor CMraof Lite, raapaot to ocourranca: or aoeldents ooverea (y this pslioy oauaad bulla acting within tM aoopa el' hli duties as aueb. I* firms a? Tnogaaisgs. For tha purpose of al prevision* w tuia policy it is hereby apeclfied and agreed ttit raareatnteClvea of CM UDderarltara ara ana avail ba IC&Kgb al.M iDJUSXIW COlMtlC*, xe *21 South Hop* Straat, lot injaiaa, California! and No* 100 sanaoB# straat, saa jranelaeo, California .vcxnxrK ooManc of Ualarvrltara la rafarrm to Mralnaftar In tUi polloy it ahaU ba daaxad aumeiant to aotaln nob ooMtnt in vritia*. by latter or telagras, frw eoe vayraa.antaaivea or cm TXoCarvncar* aa apaclflad above* 1* COTOTtOP* Xn CM avant of an oocurrenee or aeeliant aaualas any eiai* or (roup cf elalaa likely to exoeaa the rataatlon or tM Injured, it la tha intent of this policy that the Insured shall act in all ways as it unluurad and, sscapt aa la tile andoraasaot atbarviaa aroviaad, ch* oaaarai ciaia anana , tha. Onion faeifio. Railroad Coapany.y, tor aaid f.alli scd Cmpasy and all otbara oaaln^ sithin the daslsnction "iMul'ai* herein, eaiune liability, lavaatlaata. Mania ans settle all aleins, iooxuau^ iav suite asd all otMr proeaasina, arrange -4 - RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:15 Fror.PHELPS DUNBAR 7136260656 T-871 P.22/24 Job-156 i - Tor legal repreaentstiott wherever neoeassry la csnr.eotion vith eueb claim*, lav aulte or ochar pr-osssdSns* eni for tn* defense or rich 1** suits or ocher proceedings no h*y Incur ejt.iessas la connection' therewith. my ms elltexpensee paid or incurred by nil Oenertl Claim Agent for such purposa* shall b* rcrtld or paid, aa the cut nay be, o? she Underwriters ineluring all coats, interest, preaiaR energe* ant expense* wfcleh * suit beve baa paid under bastion 1 of this talitr if the Is.ti ;roca=. :.. ba* bawn defended by tne Unscraricars; CVilS, hss-evar, tr.at the mount io to te pal-; or repaid ir. mr cste bp tha Underwriters abell b* only In Me proportion that tholi- au.ro i. the Isas aa flaculy uctlM baara c; coo cotal loss payClio* hasice to the insured abe11 aa considered a* notice sc Mo "ndsrwritare. Tfco representative* !: tha issercritcrs sou she insured will co-operate le aaarr *: an tha tl*meec, adjustment and litigation or *11 aueb claim* or losoaa la v-lsr. tha l&tarest* of tha Unhervrltor* ar* or Ml bo levdead. *S above under this sub-beating Conditions" is mb? eat to the fcllcrth,. ^ueliflcetlsns nnm to ruth further ftuslirieetiens *s to the roproear.tativos of the i;':wenriseri atr aooo roaoanablo and which nr b* specified ia rltia_ by Char and wtiet ^usllflcatiaas shall b* as binulnj, cr. tba raierwrittn as though incorporated barair. ass. isierwriterr harts:.' aucnorlse their rasraaancneiaao s lm< any sno. all seen qutlSiisc.ctosx: (a) ZfOH settlement of any elaim aala Uensrtl rials Agent Shall prspsly auvlse in writing sn* rwproeeneatlvec or aha Underwriters* (b) IS tha event of a laaa srlain^ to vhi'b tba Undexvritars harass My be liaola to contrltute tba said Seneral Claim agent shall aa aotn at practicable rive writt*.-. aotiea of tba occurrence or accident tc tne rapreaestatlvoa of tba Mamtio-i ana in aha saaa of vary severe aeoidosts ar catastrophes shall imaediately after ascartaiiBsat of tba salient facts give notice by telegram to aucb rayraaestativaa< l`ba Insured aball famin all reports racfsaatad by representatives of tha uheararritara pertaining so any at sale occur: er.ee* or sooldanta and aball alio furnish ausb representatives copies sf euxnone, eocpleint*, answers mi other pleadings in abe event or litigation involving a loss to which tha Cnsarwritsrs cay be liable to contribute. (a> 1C tba event cf a loss arising to vtUsh the Underwriters haraon ear bs liable to eontributo us legal action ba eoeuanoad by a elaimant or elalmanta no legal coats arising rwaa euah Isvieavion ahall ba inourrad Ob babalf of the Underwriter* without tfcair representatives' consent being first obtained such oonaant aball ba given praapsly by latter or telegram to tha Oanaral Slasa agent ar Union raciric Edllrssd Ccopany, or. if withheld, advioa shall procptly ba liuiltrly ccnnunieased to said Oanaral Claim agent as to tba aaxlsus attlamant whleb ba la authorised far aaia name. M) II tba event that tba Insured elects not to appeal against a Jud^aaat in sxoeas of eba retention of tba Insured, tha Underwriter* may aleot to conduct such appeal at tnelr own gootaetraaanfdc expanse sad shall be liable for tba taxable coat and incidental febarava but in so event aball the total 2* Undarwritara for loss exceed tnelr xexizvx inability for lost hereinbefore specified. RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:15 FrorPELPS DUNBAR 7136260656 T-871 P.23/24 Job-156 B. A33ACSI tXD Sl?Sat Aaalula and batearr anali ba Oaaaad an aocMast unlsaa coEdttas 07 or as toe dprastPoa or aa offtear of tna Inaurad, prowidad, nowow, that apacCa! a;; or ipaclal pallet africar* os' too Insurad anal! net ba onalA*sd ttlliwa of too ZnowOol vlthlr. cho or si'll provision. C. BAT&lZTKr. It II tXpraasly Offroad that 1= tb* evor of bankruptcy or inaalwaaoy * tsa Inaurad tba P'niarvrieers ar. not ba raliaoad of tba par=tat el' suet inaasaity aa -auiz have baan payabla bet Tor oust bankruptcy or insaltaney. S. argg. iramrca. IX tna inaurad oarrlei t ptiicr el tsotaar Insurer raineurar la onaas or tba aa*.a ii-sita aaaarias oenourrcoaly a dais savarac bj- Ctla paUsy, u... a :,'U. shall not racovar free tba Uniareriaarc a larpar prop:rri3;i - sacs dais tun tba iua haraty Inahrad btara to tna tsts.1 t-sST MiiiS. atlie. aan eollaeti..ia camrj--root tarrrueo ar ralnsurcnca. S. fig.7I2 <S cTTT ClITSS tC.e.1.1. It la iffraoi tint tba ovar.t os tna laukura or cnoercritera siraon to per t.-.y v..; elelnad so oa Out htrauniar, vn-arerisars beraen ct ts rc:...:s if tbo Insured rill auonlt to tba Jurisdiction or ar.y -sure of csepetans jurisdiction witfcin rha Snitad statas am till wish all rafji-aeante saeaastry to plea ausb sours Juriaeietio and aarvloa or proeaai in aueh ault say be soda u.-ar. lur^lv.a boa# Adjuaauv Ooopany, Me. SSI aauto seya iiraat, naa _.^clca California, ar Ko. 100 SUUCaa itraat, *cr. Jrsr.ciaej, Ci-Iiisrs and that In any ault instltutad agalnat any ona af than user, s poller, tjni.anmtars ill! ablda ay tba final aat.eloa el auaa court or any appailata Court In tba aaant of an appaal. Surplus Una Adjusting oeepasy. no. 6k1 nous;-. Ho;* Strait, Loa Aajalaa, California, or :.n. ICC dansone 0tract, Son Prandaeo, California, la autborlaod ana clracsaC to acce;*. aarrlca of procaaa on bobalf or Tnnarcrltaro Ir. any ausb euit and/or upon tba inaurad'* raeuaat to iva a wrictaa uasortahia; to tba Inaurad that it will antar a ganaral appsartr.es upon tndarwrltara1 babaIf in tba avant such a ault aball ba laati^itad. Attaoiwtf so ans faming pert or IICM-'i <01107 Co. 9<j7s- ,I l- - 1l RECEIVED TIMEFEB. 26. 6:67PM FEB-2S-9B 17:16 Frofn:PHELP$ DUNBAR 7136260656 T--871 P.24/24 Job-156 CANCELLATION CLAUSE. This Policy shall be ceacelled at any time* at the request of* the Assured, or by the Underwriters by giving thirty days notice of such cancellation. If this Policy shall be cancelled as hereinbefore provided, or become void or eeesa. the premium having been actually paid, the unearned portion shall be returned on surrender of this Policy, the Underwriters retaining the customary short rate, except when this Policy is cancelled by tha Underwriters giving notice they shall retain only pro rata premium. RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:10 From:PHELPS DUNBAR 7136260656 T-871 P.02/24 Job-156 RALPH ANTHONY NICKERSON etal., Plaintiffs, vs. MISSOURI PACIFIC RAILROAD COMPANY, et al. Defendants NO. 95-04-2G62-C S 8 S S S * S S IN THE DISTRICT COURT OF CAMERON COUNTY, TEXAS 197TH JUDICIAL DISTRICT DEFENDANT MISSOURI PACIFIC RAILROAD COMPANY dJb/a UNION PACIFIC RAILROAD COMPANY'S THIRD SUPPLEMENTAL OBIECTIONS AND RESPONSES TO PLAINTIFFS INTERROGATORIES TO: Ernest Lissy, Plaintiff, by and through his attorneys of record, Baron & Budd, The Centrum, 3102 Oak Lawn Avenue, Suite 1 TOO, Dallas, Texas 73219-4281. Pursuant to Rules 166b and 168 of the Texas Rules of Civil Procedure, Defendant Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company (named as successor to Texas and Pacific Railway), Defendant herein, hereby submits its Third Supplemental Objections and Responses to Plaintiffs interrogatories. General Objections 1. Defendant objects to the Interrogatories to the extent that they request information protected from disclosure by the attorney-client privilege and/or the attorney work-product doctrine. Any information subject to any such privilege inadvertently provided by Defendant in response to the Interrogatories shall not constitute or be deemed to constitute a waiver of any such privilege. 2. Defendant objects to the Interrogatories to the extent that they request information that is neither relevant nor likely to lead to the discovery of admissible evidence. 3. Defendant objects to the Interrogatories to the extent that they exceed the scope of permissible discovery under the Texas Rules of Civil Procedure. 4. Defendant objects to the Interrogatories to the extent that they purport to require Defendant to provide information that Is available to Plaintiff where the burden of deriving or ascertaining such information is substantially the same as for Plaintiff as for Defendant. PDSiB017.1 RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:10 FrorPHELPS DUNBAR 7136260656 T--871 P.03/24 Job-156 5. Defendant objects to the Interrogatories to the extent that they purport to require Defendant to provide information pertaining to any time period other than the relevant time period which Plaintiff was allegedly employed by Defendant. 6. Defendant objects to the Inrerrogatories to the extent that they purport to allege Plaintiff was employed by Missouri Pacific Railroad Company as opposed to Union Pacific Railroad Company. 7. Defendant objects to the Interrogatories to the extent that they require in excess of thirty (30) responses. 8. Defendant reserves the right to supplement or amend its responses as appropriate. INTERROGATORIES INTERROGATORY NO. 33.: Please state whether written warnings were placed at any locations adjacent to or near asbestos in place on railroads, railway car(s) and/or engine(s) and/or locomotives owned or operated by Defendant at anytime from 1965 to the present. If so, please describe with specificity such signs, including size, color, wording, etc. Additionally, please state the number of such signs that were installed and indicate the specific location of each such sign and the dates such sign was at that location. ANSWFR: Objection. This Interrogatory is overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence because it asks for information outside of the time frame during which plaintiff claims employment with Defendant. Subject to but without waiver of these objections, Defendant has located no information or documents responsive to this Interrogatory for the years Plaintiff was employed by Defendant. INTERRQCATQRY NO. 37-- Please state whether Defendant ever agreed by contract, agreement, negotiation, collective bargaining or otherwise, to provide masks to Plaintiff and other crew members and/or employees of Defendant working with or around asbestos dust, asbestos products, friction products and/or machinery calling for the use of asbestos or asbestos containing products. If so, please state verbatim the specific agreement or contract and/or other document by which Defendant agreed to provide such masks. Include the date the agreement was entered into, ihe period of time covered by the agreement and the parties to the agreement. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence because it is not limited to the time period in which Plaintiff was allegedly employed by Defendant nor limited to the job site or facilities on which Plaintiff was allegedly employed by Defendant. Subject ro and without waiver of the foregoing objections. Defendant has not located any information which would indicate that Defendant entered into such an agreement during the years of Plaintiff's employment with Defendant or at any time in the 1940S. INTERROGATORY NO. 38.: Please stale the precise State and/or federal regulations, laws, statutes, or other authority pertaining to industrial hygiene or worker safety and health that governed, regulated controlled and/or were applicable to airborne asbestos exposure in your operations and/or aboard your railroad, railway car($) and/or enginefe) and/or locomotives during the past thirty years. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence because it PDSS86017.1 -2" RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:10 From:PHELPS DUNBAR 7136260656 T-S71 P.06/24 Job-156 is not limited to the time period during which Plaintiff was allegedly employed by Defendant. Further, the information requested is public record and equally available to Plaintiff and Defendant. Defendant states that it is and has been subject to various laws governing and regulating the railroad industry enacted and implemented by the United States government for many years, including the time period during which Plaintiff was allegedly employed by Defendant. INTERROGATORY NO. 43.: Please describe all actions taken by Defendant to comply with the Boiler Inspection Art, previously 45 U.S.C. 23 during the past thirty-five (35) years, now designated at 49 U.S.C. 20701 etseq. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome and seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence because it is not limited to the time period during which Plaintiff was allegedly employed by Defendant nor is it limited to the job site or facilities on which Plaintiff was allegedly employed by Defendant. Moreover, this Interrogatory seeks information, if any exists, which is protected by the attorney-client privilege and the work product doctrine. Finally, this Interrogatory requires Defendant to make a legal conclusion in order to respond. Subject to but without waiver of these objections, Defendant has located no documents responsive to this Interrogatory for the years of Plaintiff's employment by Defendant. Defendant produces sample maintenance records as an example of the records maintained by Defendant and its employees to ensure compliance with the BIA/LIA in response to Request for Production 44. Due to the records retention policy of Defendant, no records earlier than those produced therein have been located. Additionally, Defendant states that it is and has been subject to various laws governing and regulating the railroad industry enacted and implemented by the United States government for many years, including the time period during which Plaintiff was allegedly employed by Defendant. These laws and/or regulations have required regular maintenance be performed on locomotives and are a matter of public record of equal access to Plaintiff and Defendant. Respectfully submitted, PHELPS DUNBAR By. Deborah Newman Texas State Bar No. 01237257 Mark Schaffer Texas State Bar No. 00792199 3040 Post Oak Boulevard Suite 900 Houston, TX 77056 (713)626-1386 (713) 626-1388 FAX Attorneys for Defendant Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company PD5!86017.1 -3 - RECEIVED TIMEFEB. 26. 5:07PM FEB-26-98 17:10 From:PHELP$ DUNBAR 7136260656 T-871 P.05/24 Job-)56 f.FRTIFICATE Of SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendant Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company's Third Supplemental Objections and Responses to Plaintiff's Interrogatories has been sent via First Class Mail to other parties of record on attached service list and via Facsimile and Certified Mail to Plaintiff^ counsel of record, Baron & Sudd, 3102 Oak Lawn Avenue, Suite 1 too, Dallas, Texas 7S219-4281, this yt-fr day of February, 1998. 9^' Mark B. Schaffer PDS:#6017.1 4- RECEIVED TIMEFEB. 26. 5:07PM