Document YjqMKdnZM15z4VendajrZx5dK

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT OF ILLINOIS PEORIA COUNTY WILMER NALL, . ) Plaintiff, ) ) ) ' vs. ) Case No. 81-L-3550 ) RAYBESTOS-MANHATTAN, ) INC., et al., ) )' Defendants. ) ABEX'S RESPONSE TO REQUEST TO PRODUCE received f 1 blkh. & falS The Defendant, ABEX CORPORATION, by its attorneys, SWAIN, JOHNSON & GARD, makes this reponse to Plaintiff's Request to Produce: 1. (a) Depositions taken in this case; (b) Transcript of proceedings before the Illinois Industrial Commission arbitrator, concerning the Nall Occupational Disease Act claim; (c) Statements of Plaintiff contained m the various medical records; (d) Statements of Monty wilder. Dale Upphole, Bill Howat and John Langford (copies attached). 2. All subpoenaed medical records from Plaintiff's hospital izations, records supplied by Plaintiff in response to discover requests of Defendants, and the following: (a) Report of Dr. A. C. Wallace, dated December 20, 1982 (copies attached); (b) Report of Dr. Akira Funahashi; Letters of Dr. Funahashi of July 5, 1983; affidavit of Dr. Funahashi filed in connection with prior discovery; (c) Letter of Dr. Keith Morgan dated December 15, 1982; letter dated December 22, 1982; December 7, 1982; September 15, 1983; (d) Results of pulmonary function tests and tracings; (e) Letter of Dr. John Rust, dated August 26, 1983. ABEX 207.700 SCFABEX-2800 c (. 3. , ' (a) (b)- Copies of photos of Pekin Machine and Machinery located at plant. X-rays, pulmonary function tests, and EDXA reports, copies of which have been provided elsewhere. 4. All experts previously listed by Defendant. In addition Frank Brown, Industrial Hygienist, Morris Plaines, New Jersey. 5. The Court has sustained an objection to this Request. 6. See Response to No. 2. 7. See Response No. 1(d). 8. See Response to No. 2 for all reports from Dr. Morgan. This Defendant has sent nothing to Dr. Morgan. " 9. This Request seems to be directed toward Defendant Bendix and this Defendant, therefore, makes no response thereto. 10. In addition to those reports attached m No. 2, we attach a copy of the report of Frank Brown of January 6, 1978. 11. We have none. 12. The Court has sustained an objection to this Request. 13. The Court has sustained an objection to this Request. 14. This Request seems to be directed toward Defendant Bendix and this Defendant, therefore, makes no response thereto. 15. See Response to No. 1. 16. See Response to No. 1. 17. See Response to No. 1. 18. None. 19. See Response to No. 3. 20. None. 21. The Court has sustained an objection to this Request. 2 (( 22. The Court has sustained an objection to this Request. 23. See-Response to No. 1. 24. None, other than the records of Dr. Merchant, and Dr. Taylor previously supplied by Plaintiff to Defendants. 25. See Response to No. 2. This Defendant does not have any biopsy slides or tissue samples. * 26. This Request seems to be directed toward Defendant Bendix and this Defendant, therefore, makes no response thereto. v. 27. This Request seems to be directed toward Defendant Bendix and this Defendant, therefore, makes no response thereto. 28. None, other than those provided by Plaintiff. 29. The Court has previously sustained an objection to this Request. 30. The Court has previously sustained an objection to this Request. 31. Defendant objects to this Request as it is confusing and unclear just what is requested. Without waiving said objection, and assuming the Request pertains to correspondence between Defen dant and each of the organizations listed. Defendant attaches: copy of letter dated February 1, 1937; Memorandum Agreement. ROBERT W. SCOTT SWAIN, JOHNSON & GARD 1900 Savings Center Tower 411 Hamilton Blvd. peoria, IL 61602 (309) 673-0741 ABEX CORPORATION, Defendant .z; By ovv^ yv- dd Its Attorneys 3 ( AFFIDAVIT State of Connecticut) ) County of Fairfield ) SS A. H. Casey, Jr., being first duly sworn upon his oath, deposes and says that he is an authorized agent for the Defendant, ABEX CORPORATION, that he has read the foregoing Response to Request to Produce, and that it is true and correct to the best of his information, knowledge, and belief. Subscribed and sworn.to before me this day of February, 1984. -"> . \c T Notary Public" s'____ ^ Vc PROOF OF SERVICE The undersigned certifies that a copy of ABEX'S RESPONSE TO REQUEST TO PRODUCE was served upon the attorneys of record of all parties to the above cause by enclosing the samd .in an envelope with postage fully prepaid, and by depositing said envelope in a United States Post Office mail box in Peoria, Illinois, on the v 13 day of February, 1984< addressed to such attorneys at their business address as disclosed by the pleadings of record herein, as follows: James R. Morrison Attorney at Law 227 N. E. Jefferson Peoria, IL 61602 Jeffrey W. Jackson Attorney at Law 1400 First Nat'1 Bank Peoria, IL 61602 Bldg. Jordan Fifield Attorney at Law 400 Security Savings Bldg. Peoria, IL 61602 Thomas Hart, III Blatt & Fales 1611 Allen Street Barnwell, SC 29812 Henry D. Noetzel & Assoc., Attorney at Law 1214 Savings Center Tower Peoria, IL 61602 Ltd. Ray Modesitt Attorney at Law 333 Ohio Street P.O. Box 1646 Terre Haute, IN 47808 . - Fred Moore Attorney at Law 204 Unity Bldg. P. O. Box 3457 Bloomington, IL 61701 /