Document Y9GD8xZg8YOxnEyKb32GnqDRk

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ETTA WALLACE, personal representative of the Estate of Fred A. Wallace, et al.. Plaintiffs, vs. CHRYSLER PLASTIC PRODUCTS CORPORATION, et al.. Defendants. ) Case No. C 84-7864 ) [Hon. Nicholas J. Walinski] > ) RESPONSE OF DEFENDANT ) OCCIDENTAL CHEMICAL CORPORATION ) TO PLAINTIFFS' REQUESTS FOR ) PRODUCTION OF DOCUMENTS ) DIRECTED TO ALL DEFENDANT ) PVC MANUFACTURERS ) ) ) --0O0- Now comes defendant, Occidental Chemical Corporation, and for its response to plaintiffs* requests for production of documents, states as follows: 1. All records of sales, direct or indirect, of IJRL 07911 Polyvinyl Chloride (PVC) resin from you to Chrysler Plastic Products Corporation (Chrysler) between January 1, 1967 and December 31, 1980. ANSWER: See Attachment 1. 2. All documents indicating the extent to which PVC resin sales to Chrysler during the time period indicated above, represented sales of PVC resin manufactured in the: (a) suspension? (b) emulsion; (c) bulk? or, (d) solution process. ANSWER: hereto. See Response to Interrogatory No. 8 and Attachment 1 3. All documents indicating the extent to which PVC resin sales to Chrysler during the time period specified in request number 1, were of (a) Homopolymer; (b) copolymer? or, (c) terpolymer. ANSWER; See Response to Interrogatory No. 11. 4. All written documents indicating, with respect to PVC resin sold to Chrysler during the time period specified above, the size (in microns) of the resin sold. ANSWER: See Attachment 2 for laboratory analysis of B-34 resin lots for the years 1973 to 1977. Although the mean particular size is indicated on these reports, there is no indication as to which of the tested lots may have been shipped to Chrysler. 5. All written documents indicating the results of any tests done on any PVC resin by you or any other entity to determine the concentration (in parts per million) of residual vinyl chloride monomer in PVC resin of the type sold to Chrysler during the time period specified in request number 1. ANSWER: See Attachment 2. It appears that no residual monomer analysis was performed on any of these lots. Upon information and belief, such analysis was begun toward the end of 1979, although no documents regarding same have been located. URL 0791 ro 2- - 6. All Material Safety Data Sheets published by you prior to January 1, 1986, relating to any PVC resin manufactured by you. ANSWER; Objection, any Material Safety Data Sheet published subsequent to 1980, the last date of exposure in this case, is irrelevant. No Material Safety Data Sheets pre-dating 1980 have been located. See Attachment 3. 7. All documents in your possession indicating the dates of manufacture and the dates of shipment of PVC resin sold to Chrysler. ANSWER: i See Attachment 1. C. All written results of any testing done on the PVC resin identified in the prior request to determine the concentration of residual vinyl chloride monomer. ANSWER: See response to Request for Production No. 5 9. All documents sent by you to the Occupational Safety & Health Administration, relating, in any way, to PVC. ANSWER: No such documents are available. 10. All documents reporting or summarizing efforts taken by you, at any time since January 1, 1967 to reduce the URL 07913 3- - URL 07914 percentage of residual vinyl chloride monomer in PVC resin manufactured by you. ANSWER: See Attachment 3. 11. Each and every document sent to Chrysler, informing Chrysler of any known or potential human health hazard relating to exposure or over exposure to vinyl chloride monomer. ANSWER: See responses to Interrogatory Nos. 13 and 14. 4- - IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ETTA WALLACE, personal representative of the Estate of Fred A. Wallace, et al., Plaintiffs, vs. CHRYSLER PLASTIC PRODUCTS CORPORATION, et al., Defendants. ) Case No. C 84-7864 ) [Hon. Nicholas J. Walinski] ) ) AFFIDAVIT OF OCCIDENTAL ) CHEMICAL CORPORATION ) ) ) ) ) ) ) -0O0- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ) ) ) SS: Robert D. Luss , being duly sworn according to law, deposes and says that he is the Assistant Secretary/Group Counsel of Occidental Chemical Corporation, defendant herein; that as such he is authorized to make an affidavit on its behalf; and that the facts set forth in the foregoing Response of Defendant Occidental Chemical Corporation to Plaintiffs' Requests for Production of Documents Directed to All Defendant PVC Manu facturers in this case are true and correct to the best of his knowledge, information and belief. URL 07915 Robert D. Luss (please type name) Sworn to and subscribed before me this 7 0x- f 1986. day of Rosemary A. McCoy. Notary Public Lontf Potlstrovt Twp.. Montyomary County My Cotnmisccn Expires Act lttl Member, Pennsylvania Association of Notaries fCf'7^'U - .Notary Public -I AS TO OBJECTIONS: Of Counsel For Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire 6 Rubber Co., Conoco, Inc., Uniroyal, Inc. Union Carbide Corp., and Diamond Shamrock Corp.s FULLER & HENRY 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 (pd4v(L-k____ Robert *A. Bunda 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Telephone: (419) 255-8220 Attorney for Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., and Diamond Shamrock Corp. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Response^ to Plaintiff's Requests for Production of Documents Directed to all Defendant PVC Manufacturers was mailed by United States mail, postage prepaid, to Kirk J. Delli Bovi, Esq., attorney for plaintiff, at his office located at Murray & Murray Co., L.P.A., 300 Central Avenue, Sandusky, Ohio 44870, and to defense counsel as set forth in the attached Schedule of Service this day of November, 1986. URL 07916 An Attorney for Defendants The Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, and Diamond Shamrock Corp. SCHEDULE OF SERVICE M. Donald Carmin, Esq. 800 United Savings Building Toledo, Ohio 43604 Attorney for Defendants Chrysler Plastic Products Corporation Norman P. Phillips Albert W. Cramer Robert D. Gustine William C. Holsapple Ron C. Abbott Willis P. Jones, Jr., Esq. 200 Toledo Legal Building 416 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant DiversiTech General, Inc. S. Stuart Eilers, Esq. Douglas N, Barr, Esq. Timothy J. Coughlin, Esq. 1100 National City Bank Bldg. Cleveland, Ohio 44114 Attorney for Defendant Stauffer Chemical Company H. William Bamman, Esq. 414 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant A. Schulman, Inc. Ellis F. Robinson, Esq. 610 United Savings Building Toledo, Ohio 43604 Attorney for Defendant Shintech, Inc. URL 07917