Document VjbM4om7n5y5pMr26Xb1V6k6o
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IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUI ' PEORIA COUNTY
ILLINOIS
WILMER NALL,
)
Plaintiff,
)
)
vs.
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RAYBESTOS-MANHATTAN, INC.,
)
j
ABEX CORPORATION, THE BENDIX )
CORPORATION, DELCO, a Division)
of General Motors Corporation,)
GATKE CORPORATION, JOHNS-
)
MANVILLE SALES CORPORATION,
)
JOHNS-MANVILLE CORPORATION,
.)
THIOKOL CORPORATION, GRAY-ROCK)
BRAKE LINING, RUBBER, INC.,
)
Defendants.
)
)
` Case No. 81-L-3550
PLAINTIFF'S EXHIBIT
ANSWERS TO SUPPLEMENTAL INTERROGATORIES OF PLAINTIFF BY DEFENDANT ABEX CORPORATION
Now comes ABEX CORPORATION, Defendant, by its attorneys, SWAIN, JOHNSON & GARD, and for its answers to Supplemental Interrogatories of Plaintiff states as follows: INTERROGATORY NO. 1: State-the name, present business address, present residence and capacity or title of the individual signing these Interrogatories on behalf of the answering Defendant. ANSWER: James G. Heflebower, Accounts Receivable Supervisor, Abex Corporation, P.0. Box 3250, Winchester, VA, 22601 (business); 902 Belvedere Heights, Charles Town, WV, 25414 (residence). INTERROGATORY NO. 2: From 1945 until the present, has the De fendant purchased or received any material to be used in the
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manufacture of the Defendant's brake shoes or brake linings,
from any of the Co-Defendants named in this suit?
ANSWER: No.
ANSWER TO INTERROGATORY NO. 3: Not applicable. (See response
to Interrogatory No. 2).
_
INTERROGATORY NO. 4: From 1945 until the present, has the De
fendant purchased or received any material to be used in the
manufacture of the Defendant's clutch pads or clutch facings,
from any of the Co-Defendants named in this suit?
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ANSWER: No.
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ANSWER TO INTERROGATORY NO, 5: Not applicable. (See response
to Interrogatory No. 4).
INTERROGATORY NO. 6: From 1945 until the present, has the De
fendant purchased or received finished manufactured brake shoes
or brake lining products from any of the named Co-Defendants in
this suit and rebranded or renamed such finished brake shoes and
brake linings as the Defendant's?
ANSWER: No. ANSWER TO INTERR0GA1 DRY NO. 7: Not applicable.
. (See response
to Interrogatory No. 6).
INTERROGATORY NO. 8: From 1945 until the present, has the De
fendant purchased or received finished manufactured clutch pads
or clutch facings products from any of the named Co-Defendants
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in this suit and rebranded or renamed such finished clutch pads
and clutch facings as the Defendant's?
ANSWER: No.
ANSWER TO INTERROGATORY NO. 9: Not applicable. (See response
to Interrogatory No. 8).
INTERROGATORY NO. 10: From 1945 until the present, has the
Defendant sold or distributed materials to any of the named
Co-Defendants which were to be used in the manufacture of
brake shoes or brake linings?
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ANSWER: Yes.
INTERROGATORY NO. 11: If the answer to Interrogatory No. 10
is yes, please state and answer the following:
(a) Identify each document or record which would indicate
the material sold or distributed and the Co-Defendant to whom
such material was sold or distributed.
(b) Identify the material sold or distributed.
(c) Identify whether the material purchased or received
contained asbestos and the type of asbestos contained the *ein (i.e., amosite, chrysolite or crocidolite).
(d) Identify the dates such material was sold or distri
buted and the Co-Defendant to whom such material was sold or
distributed.
ANSWER: (a.) Defendant Abex objects to this Interrogatory as
being unduly broad and unlimited. This information is available
at Defendant's Winchester, Virginia, facility, and can be re-
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trieved only through a manual search of the files, and it would
be unduly burdensome to require Defendant to expend a great many
man-hours searching its files for each document. Further, De fendant states that the information is available only for the
last three years due to Defendant's current records retention
procedures, and Defendant states that such records would be
irrelevant as Plaintiff, by his own testimony, stopped work ing with asbestos products in 1975; (b) See answer to 11(a);
(c) Chrysclite asbestos; (d) See answer to 11(a).
"
INTERROGATORY NO. 12: From 1945 until the present, has the
Defendant sold or distributed materials to any of the named
Co-Defendants which were to be used in the manufacture of
clutch pads or clutch facings?
ANSWER: To Defendant's knowledge, no.
ANSWER TO INTERROGATORY NO. 13: Not applicable. (See response
to Interrogatory No. 12) .
INTERROGATORY NO. 14: From 1945 to the present, has the Defendant sold or distributed finished manufactured brake shoes- or brake linings tr any of the Co-Defendants named in this suit?
ANSWER: Yes.
INTERROGATORY NO. 15: If the answer to Interrogatory No. 14
is yes, please state and answer the following:
(a) Identify each document or record which would indicate
the finished brake shoes or brake linings sold or distributed
and the Co-Defendant to whom they were sold or distributed.
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(b) Identify the finished manufactured brake shoes or brake
linings sold or distributed, the Co-Defendant to whom they were
sold and distributed and the dates such finished manufactured
brake shoes or brake linings were sold or distributed.
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(c) Identify whether the finished manufactured brake shoes
or brake linings sold or distributed contained asbestos and the
type of asbestos contained therein (i.e., amosite, chrysolite
or crocidolite). (d) Identify the trade or brand name of the brake shoes
and linings sold or distributed.
ANSWER: (a) Defendant Abex objects to this interrogatory as
being unduly broad and unlimited. This information is available
at Defendant's Winchester, Virginia, facility, and can be re
trieved only through a manual search of the files, and it would
be unduly burdensome to require Defendant to expend a great many
man-hours searching its files for each document. Further Defendant
states that the information is available only for the last three
years due to Defendant's current records retention procedures, and Defendant states that such records would be irrelevant as '
Plaint i.ff, by his own testimony, stopped working with asbestos
products in 1975; (b) See answer to 15(a); (c) Chrysolite
asbestos; (d) Material would have the Co-Defendant's name or
trade name.
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INTERROGATORY NO. 16: From 1945 to the present, has the De
fendant sold or distributed finished manufactured clutch pads
or clutch facings to any of the Co-Defendants named in this suit? <
ANSWER: To Defendant's knowledge, no.
ANSWER TO INTERROGATORY NO. 17: Not applicable. " (See response
to Interrogatory No. 16). INTERROGATORYvNO. 18: Do you have any records or documents in dicating that any of your products containing asbestos fibers were sold or distributed to the following company for the years
1945 until the present? Menco Corporation, formerly known as Auto Parts Warehouse, of Springfield, Illinois.
(a) Please identify each document.
(b) Please identify such products sold or distributed
and the dates of such sale or distribution.
ANSWER: Defendant Abex objects to this interrogatory as being
unduly broad and unlimited. This information is available at'
Defendant's Winchester, Virginia, facility, and can be retrieved only through a manual search of the files, and it would be unduly burdensome to require Defendant to expend a great many man-hours
searching its files for each document. Further Defendant states that the information is available only for the last three years
due to Defendant's current records retention procedures, and De
fendant states that such records would be irrelevant as Plaintiff,
by his own testimony, stopped working with asbestos products in
1975.
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INTERROGATORY NO. 19: Do you have any records or documents in
dicating that any of your products containing asbestos fibers
were sold or distributed to the following company for the years
1945 until the present? D & W Distributing Co. of Pekin, Illinois.
<
(a) Please identify each document.
(b) Please identify such products sold or distributed
and the dates of such sale or distribution.
ANSWER: Defendant Abex objects to this interrogatory as being
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unduly broad and unlimited. This information is available at
Defendant's Winchester, Virginia, facility, and can be retrieved
only through a manual search of the files, and it would be unduly
burdensome to require Defendant to expend a great many man-hours
searching its files for each document. Further Defendant states
that the information is available only for the last three years
due to Defendant's current records retention procedures, and De
fendant states that such records would be irrelevant as Plaintiff,
by his own testimony, stopped working with asbestos products in
1975.
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Subscribed and sworn to
before me this
ojL day
Of^-C.f^\wr,/ 1982.
Jj^mes G. g^flebower Accounts Receivable Supervisor Abex Corporation
rtu:
\ NOTARY PUBLIC
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\ crr\ '
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SWAIN, JOHNSON &'GARD
1900 Savings Center Tower
411 Hamilton Boulevard
Peoria, Illinois 61602
(309) 673-0741
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