Document YrkvNdKR0x7ZQ1MYxg16mGrJy
NO. 88-8220-L
LILLIAN CHAPPELL, Individually and as Personal Representative of the Heirs and Estate of JAMES CHAPPELL, Deceased, et al.
VS.
OWENS-CORNING FIBERGLAS CORPORATION, et al.
) ) ) )
) )
)
) )
IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 193RD JUDICIAL DISTRICT
f KEENE CORPORATION'S ANSWERS TO PLAINTIFFS'
SECOND SET OF INTERROGATORIES______
COMES NOW Defendant, KEENE CORPORATION, and files this its Answers to Plaintiffs' Second Set of Interrogatories in the above-styled and numbered cause.
Respectfully submitted,
ATCHLEY, RUSSELL, WALDROP and HLAVINKA
State Bar No. 04073800
1710 Moores Lane -- P. O. Box 5517 Texarkana, Texas 75503 (903) 792-8246 Facsimile (903) 792-5801
ATTORNEYS FOR DEFENDANT, KEENE CORPORATION
KEENE CORPORATION'S ANSWERS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES, Page 1
PLAINTIFF'S EXHIBIT,
1 I
I
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above
and foregoing DEFENDANT, KEENE CORPORATION'S, ANSWERS TO
PLAINTIFFS' SECOND SET OF INTERROGATORIES has been forwarded to
counsel of record for Plaintiff herein, Mr. Russell Budd, BARON &
BUDD, The Centrum, 3102 Oak Lawn Avenue, Suite 1100, Dallas,
Texas, 75219, by certified^mail, return receipt requested, and a
like copy to all other counsel of record by mailing same postage
prepaid on this
day of September, 1991.
; De nnis Chambers
KEENE CORPORATION'S ANSWERS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES, Page 2
NO. 88-8220-L
LILLIAN CHAPPELL, Individually and as Personal Representative of the Heirs and Estate of JAMES CHAPPELL, Deceased; LAWRENCE CHITWOOD and PHYLLIS CHITWOOD, GEORGE HUBBARD; GEORGE PACK; ROGER PATTERSON and PATTERSON,
Plaintiffs, vs.
f
OWENS-CORNING FIBERGLAS CORPORATION, et al.
Defendants.
IN THE DISTRICT COURT OF
s s DALLAS COUNTY, TEXAS
s
s 193RD JUDICIAL DISTRICT
KEENE CORPORATION'S ANSWERS TO PLAINTIFFS SECOND SET OF INTERROGATORIES
INTRODUCTION
Keene Corporation ("Keene") has never mined asbestos, noi manufactured, processed, fabricated, routinely sold, distributed, or otherwise placed into commerce thermal insulation or acoustical products containing asbestos. A former subsidiary of Keene, Keene Building Products Corporation ("KBPC"), and KBPC's corporate predecessors, Baldwin-Ehret-Hill, Inc. ("BEH"), a -Pennsylvania corporation, Ehret Magnesia Manufacturing Company ("Ehret"), c Pennsylvania corporation, and Baldwin-Hill Company ("B-H"), a Nev Jersey corporation, did at one time manufacture and sell thermal insulation or acoustical products containing asbestos. Keene expressly denies that it is the successor to the unknown anc unforeseen contingent tort, contractual, or other liabilities of
1
KBPC/ BEH, and BEH's corporate predecessors.
Keene was formed in 1967 and acquired substantially all
of the stock of BEH in 1968. BEH became a subsidiary of Keene.
BEH resulted from a 1959 merger of Ehret and B-H. In 1970, BEH was
merged, and its business was transferred, into another Keene
subsidiary, KBPC. KBPC, BEH, and BEH's corporate predecessors
manufactured and sold insulation products, including some thermal
insulation and acoustical products containing asbestos.
None of the companies was ever in the business of mining,
milling, distributing, or importing raw asbestos fiber. During the
1960's, BEH commenced efforts to eliminate asbestos from its
products. By 1972, all asbestos was removed from the thermal
insulation and acoustical products manufactured by KBPC which
contained it. KBPC ceased to be a Keene subsidiary in 1974 and
some assets of KBPC were transferred to Keene and the remainder of
the assets remained in KBPC whose stock was sold to a third party.
Documents generated after that date are not relevant to this
lawsuit.
The information provided in these responses is based upon
knowledge obtained through a review of Keene's documents and
records and through a review of existing documents and records of
KBPC, BEH, and BEH's corporate predecessors.
Many of the events which may be relevant to the issues in
this lawsuit occurred prior to Keene's purchase of the stock of
BEH.
In addition, much of the information being sought by
2
plaintiff involves events which occurred decades prior to the commencement of this suit. Many of the individuals who might have had personal knowledge of the matters to which plaintiff's discovery relates are deceased or are otherwise unavailable to Keene, and investigations to date indicate that at least some of the documents which relate to the matters inquired about were discarded in the regula/ course of business prior to commencement
of the asbestos personal injury litigation. Furthermore, no single individual can now be found who is
aware of all facts relevant to this litigation. Information must be assimilated from those records which still exist and from former employees of companies other than Keene. Accordingly, Keene can only relay this information; it cannot attest to the accuracy or
truthfulness of such responses. Information of this nature is being supplied because it may lead to the discovery of admissible evidence.
For these reasons, the information being provided in
these responses may be incomplete.
Keene is engaged in a
continuing investigation into the subject matter sought by this
discovery, and its responses are based upon this investigation. Keene cannot exclude the possibility that its continued
investigation may at some future time reveal more complete information, or even information which indicates that an answer which is now being supplied is incorrect. Keene reserves the right to supplement these responses at a future date if additional
3
information is discovered. Unless the context requires a contrary interpretation,
the terms "defendant," "you," or "your" as used herein refer to KBPC, BEH, and BEH's corporate predecessors only, and are not intended to include or refer to Keene alone or in part. Answers referring to the manufacture, distribution, purchase, or sale of thermal insulation or acoustical products containing asbestos or any activities related thereto are based upon acts of KBPC, BEH, and BEH's corporate predecessors.
To the extent that the information contained herein differs in any respect from any prior response to discovery, these responses shall be deemed to update and supersede such prior response in any and all cases.
This introduction is explicitly incorporated into each of the responses hereinafter provided.
GENERAL OBJECTIONS
Keene generally objects to these interrogatories as being unduly burdensome, harassing, oppressive, vexatious, boilerplate, overly broad as to time, scope, or location, vague, lacking in particularity, and repetitious. The use of the words "any," "all," "each," or "every" is overly broad and objected to. Objection is made to the extent these interrogatories assume the truth of facts not proven or facts not in evidence. Objection is made to these interrogatories on the grounds that they seek information which is
4
not relevant or not reasonably calculated to lead to the discovery
of admissible evidence. Objection is also made to these interroga
tories to the extent that they seek information or materials which
have been gathered or prepared in the course of the asbestos
litigation, or which are otherwise protected by the attorney-client
privilege, the work product doctrine, or by any other applicable /
privilege. Keene also objects to these interrogatories to the
extent that they seek confidential, trade secret, or other
proprietary information or materials.
Keene further objects to these interrogatories to the
extent that they improperly call for a legal, medical, or
scientific opinion or conclusion which Keene is not qualified to
render.
To the extent these interrogatories seek information
regarding health risks to individuals who worked at plants where
thermal insulation or acoustical products containing asbestos were
manufactured, Keene objects on the ground that such information is
not relevant or not reasonably calculated to lead to the discovery
of admissible evidence. See, e.q., Wesley Theological Seminary v.
U.S. Gypsum, 876 F.2d 119 (D.C. Cir. 1989); Lohrmann v. Pittsburgh-
Coming Corp., 782 F.2d 1156, 1164-1165 (4th Cir. 1986),* Catasaqua
Area School District v. Raymark Industries, 662 F. Supp. 64 (E.D.
Pa. 1987); Smith v. Celotex, 564 A.2d 209 (Pa. Sup. Ct. 1989); and
Martin v. Johns-Manville Corp., 508 Pa. 154, 175, 494 A.2d 1088,
1099 (1985).
5
Keene further objects to these interrogatories to the
extent they seek medical records or other privileged personnel
information, and Keene will not provide such information absent an
appropriate waiver of the applicable privilege.
Keene does not concede that any of its answers to these
interrogatories are or will be admissible evidence at a trial of
this action, and Keene does not waive any objection, on any ground,
whether or not asserted herein, to the use of any such answer at
trial.
These General Objections are explicitly incorporated into
each of the responses hereinafter provided.
1. For each document listed below, please answer whether such document is a true correct duplicate of a genuine and authentic document:
EXHIBIT NO.
DESCRIPTION
(a) KN 113
Two
medical
articles:
"Asbestos
Dust
Called a Hazard to at least one-fourth of
U.S., "The New York Times, March 2, 1966;
"MDs Study Effects of Asbestos Dust," N.Y.
World-Telegram, March 2, 1966. (1 page)
ANSWER TO INTERROGATORY NUMBER la: Not a Keene document therefore Keene is unable to answer this interrogatory.
(b) KN 114
Letter dated June 6, 1966, to John Boyer
from J.P. Verhalen with enclosure:
Letter
dated June 3, 1966, to Alton Evans form
John O'Rourke. (2 pages)
ANSWER TO INTERROGATORY NUMBER lb: 6
Keene states that to
the- best of Keene's current knowledge, Keene is unaware that the referenced documents are a part of Keene's Document Depository. Therefore Keene is without sufficient knowledge and information to answer this interrogatory.
(c) KN 115
Draft of the Minutes of the Spring Meeting of the Sprayed Mineral Fiber Manufacturers associatyjn, Inc. dated June 17, 1966. (4 pages)
ANSWER TO INTERROGATORY NUMBER lc: Keene states that tc the best of Keene's current knowledge, Keene is unaware that the referenced documents are a part of Keene's Document Depository. Therefore Keene is without sufficient knowledge and information tc answer this interrogatory.
(d) KN 116
Letter dated Aug. 22. 1966, to M. Lieff, H. Wilson, and F. Stumpf, with c.t. to Verhalen and Boyer, forn H.L. Levine. (2 pages)
ANSWER TO INTERROGATORY NUMBER Id: Keene states that tc the best of Keene's current knowledge, Keene is unaware that the referenced documents are a part* of Keene's Document Depository. Therefore Keene is without sufficient knowledge and information tc answer this interrogatory.
(e) KN 117
Letter dated Sept. 29, 1966, to Business Representatives, Affiliated Local Unions anc Craft Councils from J.A. Cinquemani, Executive Sec. of the L. A. Bldg. & Constr. Trades
Council.(2 pages)
7
ANSWER TO INTERROGATORY NUMBER le: Not a Keene document therefore Keene is unable to answer this interrogatory.
(f) KN 118
Letter dated Dec. 15, 1966, to ' J.P. Verhalen from F.M. Stumpf re Dust Tests. (1 page)
ANSWER TO INTERROGATORY NUMBER If; Keene states that to the best of Keene's current knowledge, Keene is unaware that the referenced documents are a part of Keene's Document Depository. Therefore Keene is without sufficient knowledge and information to answer this interrogatory.
(g) KN 119
Dust Collection Data from tests conducted on USMP, BEH, S&K, and Asbestospray products. Spray Date: Jan. 12, 1967, Integrity and Density: Jan 18, 1967, signed S.D. Sumski. (3 pages)
ANSWER TO INTERROGATORY NUMBER lq: Keene States that to the best of Keene's current knowledge, Keene is unaware that the referenced documents are a part of Keene's Document Depository. Therefore Keene is without sufficient knowledge and information to answer this interrogatory.
(h) KN 120
Report of Environmental Health Study from William R. Bradley to the Sprayed Mineral Fiber Manufacturers Association, Inc.; attention; Technical Committee; dated Jan. 23, 1967. (6
pages)
ANSWER TO INTERROGATORY NUMBER lh: Keene states that the referenced exhibit appears to be a copy of a document from Keene's
8
document depository.
(i) KN 121
Letter dated Feb. 10, 1967, to James Verhalen from John Boyer with enclosure: Letter to James Verhalen, Pres. of the SMFMA, form George Sherman, Chief of the Div. of Industrial Safety of CA dated Feb. 7, 1967. (3 pages)
ANSWER TO INTERROGATORY NUMBER li: Keene objects to this interrogatory on the grounds that it seeks information which has been gathered or prepared in the course of the asbestos litigation or which is otherwise protected by the attorney-client privilege, the work product doctrine or by any other applicable privilege.
KN 122
Letter dated March 13, 1967, to Wittkop, Verhalen, Binger, Levine and Boyer of the SMFMA from Frank Stumph enclosing copies of a report on sprayed fiber air sampling tests conducted for the SMFMA on March 1, 1967, by William R. Bradley. (5 pages)
ANSWER TO INTERROGATORY NUMBER 1j: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(k) KN 123
Two page report of environmental health study of an operator spraying products dated June 16, 1967 from William R. Bradley to Dr. M. Lieff. (2 pages)
ANSWER TO INTERROGATORY NUMBER lk: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
9
(1) KN 124
Letter dated Sept. 6, 1967, to Binger and others of the SMFMA from R.H. Toth, Chairman of the Promotional Comm, of the SMFMA, enclosing a newspaper article: "Widow Sues, Says Asbestos Caused Husband's Death, "The Daily Home News. New Brunswick, N.J., Aug. 1967. (2 pages)
ANSWER TO INTERROGATORY NUMBER 11: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository except for the marginalia.
(m) KN 125
Letter dated June 6, 1968, to District Sales MGRS> -SCSD- and Phrospray Manual Holders from Lee Jenne, B-E-H Pyrospray Brochure and article entitled "Fireproofing Pumped Up 40 Stories," reprinted from Engineering News Record. (3 pages)
ANSWER TO INTERROGATORY NUMBER lm: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(n) KN 126
Letter dated June 28, 1968, to Wittkop, Toth, and O'Rourke with c.t. to Binger from H.L. Leveine of the SMFMA. (2 pages)
ANSWER TO INTERROGATORY NUMBER In: Keene states that to
the best of Keene's current knowledge, Keene is unaware that the
referenced documents are a part of Keene's Document Depository.
Therefore Keene is without sufficient knowledge and information to
answer this interrogatory.
(o) KN 127
Confidential Conference Report dated Feb. 28, 1969, of a meeting held on Feb. 25, 1969, at MJA between Keene and the agency . (2 pages)
10
ANSWER TO INTERROGATORY NUMBER lo: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(p) KN 128
Keene Corp. Mfg. Dib. report form James I. Saylor dated July 19, 1969, presenting results of dust samples taken in the Batch Dept, and the Cutting Dept, in Valley Forge PA. (4 pages)
f ANSWER TO INTERROGATORY NUMBER lp: Keene states that the
referenced exhibit appears to be a copy of a document from Keene's
document depository.
(q) KN 129
Invoice Nos. ZM 57248 & 57152 dated Oct. 1969, from Johns-Manville Products Corp. insulation materials sent to Keene Corp. (3
pages)
14, for
ANSWER TO INTERROGATORY NUMBER lq: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(r) KN 130
Keene
Corp.
Industrial
Insulation
Div.
Requisition Order No., 15689 dated June 3,
1970, to Johns-Manville for bags of asbestos.
(1 page)
.
ANSWER TO INTERROGATORY NUMBER lr: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(s) KN 131
Memo dated Oct. 8, 1970, to D. Kaplan, Valley Forge Plant, form Anthony Cucchiaro, Mgr. of Distribution for the Industrial Insulation Div.
11
(1 page)
ANSWER TO INTERROGATORY NUMBER Is: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(t) KN 132
Internal Correspondence dated Oct. 16, 1970, to Boris Stern from A.P. Mueller re Spraycraft, Linden Pl'ant. (10 Pages)
ANSWER TO INTERROGATORY NUMBER It: Keene states that to
the best of Keene's current knowledge, Keene is unaware that the
referenced documents are a part of Keene's Document Depository.
Therefore Keene is without sufficient knowledge and information to
answer this interrogatory.
(u) KN 133
Letter dated Oct. 22 1970, A.R.Cucchiaro, Mgr. of Distribution KN Corp. Industrial Insulation Div of Johns-Manville, enclosing copies of data sheets on asbestos fibre grades and rail rates from Canadian J-M Asbestos Fibre Div. (6 pages)
ANSWER TO INTERROGATORY NUMBER lu: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(v) KN 134
Keene Corp. Industrial Insulation Div. memo dated Nov. 2, 1970, to Dr. M.L. Pearce from Anthony R. Cucchiaro re Asbestos fibre between NAAC and KN. (4 pages)
. ANSWER TO INTERROGATORY NUMBER lv: Keene states that the referenced exhibit appears to be a copy of a document from Keene's
12
document depository.
(w) KN 135
Letter dated Nov. 30. 1970, to A. Cucchiaro of Keene Corp. from Joan Holtze of North American Asbestos Corp. enclosing the purchase agreement for the sale of asbestos fibre between NAAc and KN. (4 pages)
ANSWER TO INTERROGATORY NUMBER lw: Keene states that the referenced exhibit appeals to be a copy of a document from Keene's document depository.
(x) KN 136
Keene Corp. Purchase Order for amosite asbestos dated May 19, 1971; addressed to S.D. Goodman, Chief, Minerals & Ore Div., Property Management & Disposal Service, GSA; to be shipped to Keene Corp., Ceiling & Insulation Div., Valley Forge, PA. (2 pages)
ANSWER TO INTERROGATORY NUMBER lx: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(y) KN 137
Keene Corp. Blanket Purchase Order for amosite asbestos dated Sept. 1971; addressed to S.D. Goodman, Chief, Minerals & Ore Div., Property Management & Disposal Service, GSA; to be shipped to Keene Corp., Ceiling & Insulation Div., Valley
Forge, PA. (1 page)
ANSWER TO INTERROGATORY NUMBER ly: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(z) KN 138
Keene Corp. Memo dated Oct. 8, 1971, to Messr. R. Griggs from Anthony Cuccchiaro re John-Manville's invoice no. EA-3631 enclosing: Canadian Johns-
13
Manville Asbestos Ltd. letter dated Oct. 1, 1971, to KN Corp., attn. Mr. Cucchiaro, from L.R. Delaney re "Your Order 1-6270" and "Our Invoice A10-EA3631"; revised diagram; and. Asbestos & Danville Railway Daily Weight Sheet. (4 pages)
ANSWER TO INTERROGATORY NUMBER lz: Keene states that the
referenced exhibit appears to be a copy of a document from Keene's
document depository.
(aa) KN 139
Letter dated April 24, 1972, to Certain-Ted Products Corp., attn. J.V. Kotarski, from F.L. Schawo, Mrg. Spray Products. (1 page)
ANSWER TO INTERROGATORY NUMBER aa: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(bb) KN 140
Certificate of Incorporation of Keene Corporation signed by incorporators on April 5, 1967, received and filed by the Secretary of State of the State of Delaware on April 7, 1967. (17 pages)
ANSWER TO INTERROGATORY NUMBER bb: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(cc) KN 141
Letter dated Jan. 31, 1968 to Keene Corp. from Baldwin-Ehret-Hill regarding the Stock Purchase Agreement. (3 Pages)
ANSWER TO INTERROGATORY NUMBER cc: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
14
/
(dd) KN 142
Stock Purchase Agreement dated Feb. 1, 1968, by and between Keene Corp. and the stockholders of Baldwin-Ehret-Hill with attached Exhibits A and B. (31 pages)
ANSWER TO INTERROGATORY NUMBER dd: Keene states that the
referenced exhibit appears to be a copy of a document from Keene's
document depository.
(ee) KN 143
r
Letter dated Feb. 1, 1968, to Keene Corp. fron Ballard, Spahr, Andrews & Ingersoll re BaldwinEhret-Hill. (2 pages)
ANSWER TO INTERROGATORY NUMBER ee; Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(ff) KN 144
Keene Corp. Invitation for Tenders of Common Stoc* of Baldwin-Ehret-Hill, Inc. dated Feb. 2, 1968, tc the Holders of Common Stock of Baldwin-Ehret-Hill, Inc., signed by Glenn W. Bailey with attached forn letter of transmittal for tenders of common stocl of Baldwin-Ehret-Hill, Inc. and instructions. (: pages)
ANSWER TO INTERROGATORY NUMBER ff; Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(gg) KN 145
Letter dated Feb. 5, 1968, to the stockholders of Baldwin-Ehret-Hill, Inc. from Alvin Ehret, Chairmar of the Board, and E.R. Steven's, Pres. (1 page)
ANSWER TO INTERROGATORY NUMBER qq: Keene states that th referenced exhibit appears to be a copy of a document from Keene's
15
document depository.
(hh) KN 146
Letter dated Aug. 8, 1969, to United States Corp. Co. from John Groome, Fir. of the Corp. Bureau for the Commonwealth of Pa, certifying that the Articles of Incorporation for K.B.E.H. Corp.
Articles of Incorporation signed July 18, 1969, are attached. (3 pages)
A--N---S--W--E--R----T--O----I-N---T-E---R7R---O--G---A--T--O--R--Y----N--U--M---B--E--R----h--h- : Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(ii) KN 147
Articles of Merger of K.B.E.H. Corporation Into Baldwin-Ehret-Hill, Inc. signed Aug. 26 1969; Appendix A-Joint Plan of Merger - K.B.E.H. Corporation into Baldwin-Ehret-Hill, Inc. filed Aug. 28, 1969; and. Commonwealth of Pennsylvania Certificate of Merger of K.B.E.H. Corp. into and with Baldwin-Ehret-Hill, Inc., the surviving corp., dated Aug. 28, 1969. (10 pages)
ANSWER TO INTERROGATORY NUMBER ii: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(jj) KN 148
Certificate of Incorporation of the Keene Building Products Corporation received and filed by the state of Delaware Dec. 18, 1969. (5 pages)
ANSWER TO INTERROGATORY NUMBER jj: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(kk) KN 149
Agreement and Articles of Merger of Baldwin-EhretHill, Inc. Into Keene Building Products corp.
16
signed Dec. 29, 1969 with attachments: . Appendix A - Joint Plan of Merger of Baldwin-Ehret-Hill, Inc. into Keene Building Products Corp.; Certificate of Agreement of Merger of BEH into KBPC from the State of Delaware dated Jan. 27, 1970; Certificate of Merger of BEH into KBPC from the Commonwealth of PA dated Jan. 27, 1970. (14 pages)
ANSWER TO INTERROGATORY NUMBER kk: Keene states that the
referenced exhibit appears to be a copy of a document from Keene's
document depository.
t
(11) KN 150
Resolutions of the Board of Directors of the Keene Corp. regarding the transfer of assets and liabilities from KBPC.to Keene Corp. as reported in the Minutes of their meeting held on Sept. 20, 1974. (2 pages)
ANSWER TO INTERROGATORY NUMBER 11: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(mm) KN 151
Resolutions of the Board of Directors of the Keene Corp. regarding the sale of common stock of KBPC as reported in the Minutes of their meeting held on Sept. 20, 1974. (2 pages)
ANSWER TO INTERROGATORY NUMBER mm: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(nn) KN 152
Consent of sole Shareholder of KBPC Corp. to the adoption of resolutions regarding the transfer of assets and liabilities from KBPC to Keene, dated
Oct. 8, 1974. (2 pages)
17
ANSWER TO INTERROGATORY NUMBER nn: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
(oo) KN 153
KBPC Consent of Directors to the adoption of resolutions regarding the transfer of assets and liabilities from KBPC to Keene, dated Oct. 8, 1974.
(2 pages)
t ANSWER TO INTERROGATORY NUMBER oo: Keene states that the
referenced exhibit appears to be a copy of a document from Keene's
document depository.
(pp) KN 154
Stock Purchase Agreement dated Oct. 9, 1974, between Keene Corp. and Building Products Corp. with attachments: Exhibits A through H. (37 pages)
ANSWER TO INTERROGATORY NUMBER pp: Keene states that the referenced exhibit appears to be a copy of a document from Keene's document depository.
2. For each document listed below, please answer whether such document was kept and/or generated in the regular course of a regularly conducted business activity of any Keene Entity by an employee or representative of any Keene Entity with knowledge of the act, event, condition or opinion recorded.
(a) KN 113
Two Medical articles: "Asbestos Dust Called a Hazard to at least one-fourth of U.S.," The New York Times, March 2, 1966; "MDs Study Effects of Asbestos Dust, : N.Y. World-Telegram, March 2,
1966. (1 page)
ANSWER TO INTERROGATORY NUMBER 2a: answer to interrogatory No. 1.
Keene states see
18
(b) KN 114
Letter dated June 6, 1966, to John Boyer from J.P. Verhalen with enclosure: Letter dated June 3, 1966, to Alton Evans from John O'Rourke. (2 pages)
ANSWER TO INTERROGATORY NUMBER 2b: answer to interrogatory No. 1.
Keene states see
(c) KN 115
Draft of the Minutes of the Spring Meeting of the Sprayed Mineral Fiber Manufacturers Association, Inc. datda June 17, 1966. (4 pages)
ANSWER TO INTERROGATORY NUMBER 2c: answer to interrogatory No. 1.
Keene states see
(d) KN 116
Letter dated Aug. 22, 1966, to M. Lieff, H. Wilson, and F. Stumpf, with c.t. to Verhalen and Boyer, from H.L. Levine. (2 pages)
ANSWER TO INTERROGATORY NUMBER 2d: answer to interrogatory No. 1.
Keene states see
(e) KN 117
Letter dated Sept. 29, 1966, to Business Representatives, Affiliated Local Unions and Craft Councils from J.A. Cinquemanni, Executive Sec. of the L.A. Bldg. & Constr. Trades Council. (2 pages)
ANSWER TO INTERROGATORY NUMBER 2e: answer to interrogatory No. 1.
Keene states see
(f) KN 118
Letter dated Dec. 15, 1966, to J.P. Verhalen from F.M. Stumph re Dust Tests. (1 page)
ANSWER TO INTERROGATORY NUMBER 2f: answer to interrogatory No. 1.
Keene states see
19
(g) KN 119
Dust Collection Data from tests conducted on USMP, BEH, S&K, and Asbestospray products. Spray Date: Jan. 12, 1967, Integrity and Density: Jan. 18, 1967, signed S.D. Sumski. (3 pages)
ANSWER TO INTERROGATORY NUMBER 2q: answer to interrogatory No. 1.
Keene states see
(h) KN 120
Report of Enviromental Health Study from William R. Bradley t'o the Sprayed Mineral Fiber Manufacturers Association, Inc.; attention: Technical Committee; dated Jan. 23, 1967. (6 pages)
ANSWER TO INTERROGATORY NUMBER 2h: answer to interrogatory No. 1.
Keene states see
KN 121
Letter dated Feb. 10, 1967, to James Verhalen from
John Boyer with enclosure:
Letter to James
Verhalen, Pres, of the SMFMA< from George Sherman,
Chief of the Div. of Industrial Safety of CA dated
Feb. 7, 1967. (3 pages)
ANSWER TO INTERROGATORY NUMBER 2i: answer to interrogatory No. 1.
Keene states see
(j) KN 122
Letter dated March 13, 1967, to Wittkop, Verhalen, Binger, Levine and Boyer of the SMFMA for Frank Stumpf enclosing copies of a report on sprayed fiber air sampling tests conducted for the SMFMA on March 1, 1967, by William R. Bradley. (5 pages)
ANSWER TO INTERROGATORY NUMBER 2j: answer to interrogatory No. 1.
Keene states see
(k) KN 123
Two page report of enviromental health study of an operator spraying products dated June 16, 1967 from William R. Bradley to Dr. M. Lieff. (2 pages)
20
ANSWER TO INTERROGATORY NUMBER 2k: answer to interrogatory No. 1.
Keene states see
(1) KN 124
Letter dated Sept. 6, 1967, to Binger and others of the SMFMA from R. H., toth, Chairman of the Promotional Comm. of the SMFMA, enclosing a newspaper article: "Widow Sues, Says Asbestos Caused Husband's Death, "The Daily Home News, New Brunswick, N.J., Aug. 1967. (2 pages)
r
ANSWER TO INTERROGATORY NUMBER 21:
Keene states see
answer to interrogatory No. 1.
(m) KN 125
Letter dated June 6, 1968, to District Sales Mgrs. -SCSD- and Pyrospray Manual Holders from Lee Jeene, B-E-H Mgr. of Spray Products, with two enclosures: flyer sheet from B-E-H Pyrospray Brochure anc article entitled "fireproofing Pumped Up 4C Stories, " reprinted from Engineering News record.
(3 pages)
ANSWER TO INTERROGATORY NUMBER 2m: answer to interrogatory No. 1.
Keene states see
(n) KN 126
Letter dated June 28, 1968, to Wittkop, Toth, anc O'Rourke with c.t. to Binger from H.L. Levine oi the SMFMA. (2 pages)
ANSWER TO INTERROGATORY NUMBER 2n: answer to interrogatory No. 1.
Keene states see
(o) KN 127
Confidential Conference Report dated Fed. 28, 1969, of a meeting held on Feb. 25, 1969, at MJA betweer Keene and the agency. (2 pages)
ANSWER TO INTERROGATORY NUMBER 2o: Keene states see
21
answer to interrogatory No. 1.
(p) KN 128
Keene Corp. Mfg. Div. report from James I. Saylor dated July 19, 1969, presenting results of dust samples taken in the Batch Dept, and the Cutting Dept, in Valley Forge PA. (4 pages)
ANSWER TO INTERROGATORY NUMBER 2p; Keene states see
answer to interrogatory No. 1. /
(q) KN 129
Invoice Nos. ZM 57248 & 57152 dated Oct. 14, 1969, from Johns-Manville Products Corp. for insulation materials sent to Keene Corp. (3 pages)
ANSWER TO INTERROGATORY NUMBER 2q: answer to interrogatory No. 1.
Keene states see
(r) KN 130
Keene Corp. Industrial Insulation Div. Requisition Order No. 15689 dated June 3, 1970, to JohnsManville for bags of asbestos. (1 page)
ANSWER TO INTERROGATORY NUMBER 2r: answer to interrogatory No. 1.
Keene states see
(s) KN 131
Memo dated OC. 8, 1979, to D. Kaplan, Valley Forge Plant, form Anthony Cucchiaro, Mgr. of Distribution for the Industrial Insulation Div. (1 pages)
ANSWER TO INTERROGATORY NUMBER 2s: answer to interrogatory No. 1.
Keene states see
(t) KN 132
Internal Correspondence dated Oct. 16, 1970, to Boris Stern form A.P. Mueller re Spraycraft, Linden
Plant. (10 pages)
22
ANSWER TO INTERROGATORY NUMBER 2t; answer to interrogatory No. 1.
Keene states see
(u) KN 133
Letter dated Oct. 22, 1970, to A.R. Cucchiaro, Mgr. of Distribution KN Corp. Industrial Insulation Div., from J.E. Connor, Asbestos Fibre Div. of Johns-Manville, enclosing copies of data sheets on asbestos fibre grades and rail rates from Canadian J-M Asbestos Fibre Div. (6 pages)
f ANSWER TO INTERROGATORY NUMBER 2u: Keene states see
answer to interrogatory No. 1.
(v) KN 134
Keene Corp. Industrial Insulation Div. Memo dated Nov. 2, 1970, to Dr. M. L. Pearce from Anthony R. Cucchiaro re Asbestos-South African. (1 page)
ANSWER TO INTERROGATORY NUMBER 2v; Keene states see
answer to interrogatory No. 1.
(w) KN 135
Letter dated Nov. 30, 1970, to A. Cucchiaro of Keene Corp. from Joan Holtze of North American Asbestos Corp. enclosing the purchase agreement for the sale of asbestos fibre between NAAC and KN. (4 pages)
ANSWER TO INTERROGATORY NUMBER 2w: answer to interrogatory No. 1.
Keene states see
(x) KN 136 dated
Keene Corp. Purchase Order for amosite asbestos May 19, 1971; addressed to S.D. Goodman, Chief, Minerals & Ore Div., Property Management & Disposal Service, GSA; to be shipped to Keene Corp., Ceiling & Insulation Div., Valley Forge, PA. (2 pages)
ANSWER TO INTERROGATORY NUMBER No. 2x: Keene states see answer to interrogatory No. 1.
23
(y) KN 137
Keene Corp. Blanket Purchase Order for amosite asbestos dated Sept. 1971; addressed to S.D. Goodman, Chief, Minerals & Ore Div., Property Management & Disposal Service, GSA; to be shipped to Keene Corp., Ceiling & Insulatipn Div., Valley Forge, PA. (1 page)
ANSWER TO INTERROGATORY NUMBER 2y; Keene states see
answer to interrogatory No. 1.
(z) KN 138
f
Keene Corp. Memo dated Oct. 8, 1971, to Messr. R. Griggs form Anthony Cucchiaro re John-Manville's invoice no. EA-3631 enclosing: Canadian JohnsManville Asbestos LTD. letter dated Oct. 1, 1971, to KN Corp., attn. Mr. Cucchiaro, from L.R. Delaney re "Your Order 1-6270" and "Our Invoice A10-EA3631"; revised diagram; and. Asbestos & Danville Railway Daily Weight Sheet. (4 pages)
ANSWER TO INTERROGATORY NUMBER 2z; answer to interrogatory No. 1.
Keene states see
(aa) KN 139
Letter dated April 24, 1972, to Certain-Teec Products Corp., attn. J.V. Kotarski, form F.L. Schawo, Mgr. Spray Products. (1 page)
ANSWER TO INTERROGATORY NUMBER 2aa: answer to interrogatory No. 1.
Keene states see
(bb) KN 140
Certificate of Incorporation of Keene Corporatior signed by incorporators on April 5, 1967, receivec and filed by the Secretary of State of the State Delaware on April 7, 1967. (17 pages)
ANSWER TO INTERROGATORY NUMBER 2bb: answer to interrogatory No. 1.
Keene states see
24
(cc) KN 141
Letter dated Jan 31, 1968, to Keene Corp. from Baldwin-Ehret-Hill regarding the Stock Purchase Agreement. (3 pages)
ANSWER TO INTERROGATORY NUMBER 2cc; answer to interrogatory No. 1.
Keene states see
(dd) KN 142
Stock Purchase Agreement dated Feb. 1, 1968, by and between Keene Corp. and the stockholders of Baldwin-Shret-Hill with attached Exhibits A and B (31 pages)
ANSWER TO INTERROGATORY NUMBER 2dd; answer to interrogatory No. 1.
Keene states see
(ee) KN 143
Letter dated Feb. 1, 1968, to Keene Corp. form Ballard, Spahr, Andrews & Ingersoll re BaldwinEhret-Hill. (2 pages)
ANSWER TO INTERROGATORY NUMBER 2ee; answer to interrogatory No. 1.
Keene states see
(ff) KN 144
Keene Corp. Invitation for Tenders of Common Stock of Baldwin-Ehret-Hill, Inc. dated Feb. 2, 1968, to the Holders of Common Stock of Baldwin-Ehret-Hill, Inc., signed by Glenn W. Bailey with attached form letter of transmittal for tenders to common stock of Baldwin-Ehret-Hill, Inc, and instructions. (3 pages)
ANSWER TO INTERROGATORY NUMBER 2ff: answer to interrogatory No. 1.
Keene states see
(gg) KN 145
Letter dated Feb. 5, 1968, to the stockholders of Baldwin-Ehret-Hill, Inc. from Alvin Ehret, Chairman of the Board, and E.R. Stevens, Pres. (1 page)
25
ANSWER TO INTERROGATORY NUMBER 2qq: answer to interrogatory No. 1.
Keene states see
(hh) KN 146
Letter dated Aug. 8, 1969, to United States Corp. Co. from John Groome, Dir. of the Corp. Bureau for the Commonwealth of PA, certifying that the Articles of Incorporation for K.B.E.H. Corp. were approved and filed Aug. 1, 1969. K.B.E.H. Corp. Articles of Incorporation signed July 18, 1969, are attached. (3 pages)
ANSWER TO INTERROGATORY NUMBER 2hh: answer to interrogatory No. 1.
Keene states see
(ii) KN 147
Articles of Merger of K.B.E.H. Corporation Into Baldwin-Ehret-Hill, Inc. signed Aug. 26, 1969; Appendix A-Joint Plan of Merger - K.B.E.H. Corporation into Baldwin-Ehret-Hill, Inc. filed Aug. 28, 1969; and. Commonwealth of Pennsylvania Certificate of Merger of K.B.E.H. Corp. into and with Baldwin-Ehret-Hill, Inc., the surviving corp., dated Aug. 28, 1969. (10 pages)
ANSWER TO INTERROGATORY NUMBER 21i; answer to interrogatory No. 1.
Keene states see
(jj) KN 148
Certificate of Incorporation of the Keene Building Products Corporation received and filed by the state of Delaware Dec. 18 1969. (5 pages)
ANSWER TO INTERROGATORY NUMBER 211: answer to interrogatory No. 1.
Keene states see
(kk) KN 149
Agreement and Articles of Merger Baldwin-Ehret-Hill, Inc. Into Keene building Products Corp. signed Dec. 29, 1969 with attachments: Appendix A -Joint Plan of Merger of Baldwin-Ehret-Hill, Inc. into Keene Building Products Corp.; Certificate of Agreement
26
of Merger of BEH into KBPC from the Commonwealth of PA dated Jan. 27, 1970. (14 pages)
ANSWER TO INTERROGATORY NUMBER 2kk: answer to interrogatory No. 1.
Keene states see
(11) KN 150
Resolutions of the Board of Directors of the Keene Corp. regarding the transfer of assets and liabilities form KBPC to Keene Corp. as reported in the Minuses of their meeting held on Sept. 20, 1974. (4 pages)
ANSWER TO INTERROGATORY NUMBER 211: answer to interrogatory No. 1.
Keene states see
(mm) KN 151
Resolutions of the Board of Directors of the Keene corp. regarding the sale of common stock of KBPC as reported in the Minutes of their meeting held on Sept. 20, 1974. (2 pages)
ANSWER TO INTERROGATORY NUMBER 2mm: answer to interrogatory No. 1.
Keene states see
(nn) KN 152
Consent of Sole Shareholder of KBPC Corp. to the adoption of resolutions regarding the transfer of assets and liabilities from KBPC to Keene, dated Oct. 8, 1974. (2 pages)
ANSWER TO INTERROGATORY NUMBER 2nn: answer to interrogatory No. 1.
Keene states see
(oo) KN 153 .
KBPC Consent of Directors to the adoption of resolutions regarding the transfer of assets and liabilities from KBPC to Keene, dated Oct. 8, 1974. (2 pages)
27
ANSWER TO INTERROGATORY NUMBER 2oo: answer to interrogatory No. 1.
Keene states see
(pp) KN 154
Stock Purchase Agreement dated Oct. 9, 1974, between Keene Corp. and Building Products Corp. with attachments: Exhibits A through H. (37 pages)
ANSWER TO INTERROGATORY NUMBER 2pp: answer to interrogatory/^o. 1.
Keene states see
3. For each document listed below, please answer whether such document was found in your files in such a conditional to create no suspicion concerning its authenticity.
(a) KN 113
Two Medical articles: "Asbestos Dust Called a Hazard to at least one-fourth of U.S.," The New York Times, March 2, 1966; "MDs Study Effects of Asbestos Dust, : N.Y. World-Telegram, March 2,
1966. (1 page)
ANSWER TO INTERROGATORY NUMBER 3a: answer to interrogatory No. 1.
Keene states see
(b) KN 114
Letter dated June 6, 1966, to John Boyer from J.P. Verhalen with enclosure: Letter dated June 3, 1966, to Alton Evans from John O'Rourke. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3b: answer to interrogatory No. 1.
Keene states see
(c) KN 115
Draft of the Minutes of the Spring Meeting of the Sprayed Mineral Fiber Manufacturers Association, Inc. dated June 17, 1966. (4 pages)
ANSWER TO INTERROGATORY NUMBER 3c: answer to interrogatory No. 1.
28
Keene states see
(d) KN 116
Letter dated Aug. 22, 1966, to M. Lieff, H. Wilson, and F. Stumpf, with c.t. to Verhalen and Boyer, from H.L. Levine. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3d: answer to interrogatory No. 1.
Keene states see
(e) KN 117
Letter dated Sept. 29, 1966, to Business Representatives, Affiliated Local Unions and Craft Councils /from J.A. Cinquemanni, Executive Sec. of the L.A. Bldg. & Constr. Trades Council. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3e; answer to interrogatory No. 1.
Keene states see
(f) KN 118
Letter dated Dec. 15, 1966, to J.P. Verhalen from F.M. Stumph re Dust Tests. (1 page)
ANSWER TO INTERROGATORY NUMBER 3f: answer to interrogatory No. 1.
Keene states see
(g) KN 119
Dust Collection Data from tests conducted on USMP, BEH, S&K, and Asbestospray products. Spray Date: Jan. 12, 1967, Integrity and Density: Jan. 18, 1967, signed S.D. Sumski. (3 pages)
ANSWER TO INTERROGATORY NUMBER 3q: answer to interrogatory No. 1.
Keene states see
(h) KN 120
Report of Enviromental Health Study from William R. Bradley to the Sprayed Mineral Fiber Manufacturers Association, Inc.; attention: Technical Committee; dated Jan. 23, 1967. (6 pages)
ANSWER TO INTERROGATORY NUMBER 3h: Keene states see
29
answer to interrogatory No. 1.
(i) KN 121
Letter dated Feb. 10, 1967, to James Verhalen from
John Boyer with enclosure:
Letter to James
Verhalen, Pres, of the SMFMA< from George Sherman,
Chief of the Div. of Industrial Safety of CA dated
Feb. 7, 1967. (3 pages)
ANSWER TO INTERROGATORY NUMBER 3i: answer to interrogatory/No. 1.
Keene states see
(j) KN 122
Letter dated March 13, 1967, to Wittkop, Verhalen, Binger, Levine and Boyer of the SMFMA for Frank Stumpf enclosing copies of a report on sprayed fiber air sampling tests conducted for the SMFMA on March 1, 1967, by William R. Bradley. (5 pages)
ANSWER TO INTERROGATORY NUMBER 31: answer to interrogatory No. 1.
Keene states see
(k) KN 123
Two page report of enviromental health study of an operator spraying products dated June 16, 1967 from William R. Bradley to Dr. M. Lieff. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3k: answer to interrogatory No. 1.
Keene states see
(1) KN 124
Letter dated Sept. 6, 1967, to Binger and others of the SMFMA from R. H., toth. Chairman of the Promotional Comm. of the SMFMA, enclosing a newspaper article: "Widow Sues, Says Asbestos Caused Husband's Death, "The Daily Home News, New Brunswick, N.J., Aug. 1967. (2 pages)
ANSWER TO INTERROGATORY NUMBER 31: answer to interrogatory No. 1.
Keene states see
30
(m) KN 125
Letter dated June 6, 1968, to District Sales Mgrs. -SCSD- and Pyrospray Manual Holders from Lee Jeene, B-E-H Mgr. of Spray Products, with two enclosures: flyer sheet from B-E-H Pyrospray Brochure and article entitled "fireproofing Pumped Up 40 Stories, " reprinted from Engineering News record. (3 pages)
ANSWER TO INTERROGATORY NUMBER 3m: Keene states see
answer to interrogatory No. 1. /
(n) KN 126
Letter dated June 28, 1968, to Wittkop, Toth, and O'Rourke with c.t. to Binger from H.L. Levine of the SMFMA. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3n: answer to interrogatory No. 1.
Keene states see
(o) KN 127
Confidential Conference Report dated Fed. 28, 1969, of a meeting held on Feb. 25, 1969, at MJA between Keene and the agency. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3o: answer to interrogatory No. 1.
Keene states see
(p) KN 128
Keene Corp. Mfg. Div. report from James I. Saylor dated July 19, 1969, presenting results of dust samples taken in the Batch Dept, and the Cutting Dept, in Valley Forge PA. (4 pages)
ANSWER TO INTERROGATORY NUMBER 3p: answer to interrogatory No. 1.
Keene states see
(q) KN 129
Invoice Nos. ZM 57248 & 57152 dated Oct. 14, 1969, from Johns-Manville Products Corp. for insulation materials sent to Keene Corp. (3 pages)
31
ANSWER TO INTERROGATORY NUMBER 3q: answer to interrogatory No. 1.
Keene states see
(r) KN 130
Keene Corp. Industrial Insulation Div. Requisition Order No. 15689 dated June 3, 1970, to JohnsManville for bags of asbestos. (1 page)
ANSWER TO INTERROGATORY NUMBER 3r: answer to interrogatory^o. 1.
Keene States see
(s) KN 131
Memo dated OC. 8, 1979, to D. Kaplan, Valley Forge Plant, form Anthony Cucchiaro, Mgr. of Distribution for the Industrial Insulation Div. (1 pages)
ANSWER TO INTERROGATORY NUMBER 3s: answer to interrogatory No. 1.
Keene states see
(t) KN 132
Internal Correspondence dated Oct. 16, 1970, to Boris Stern form A.P. Mueller re Spraycraft, Linden Plant. (10 pages)
ANSWER TO INTERROGATORY NUMBER 3t; answer to interrogatory No. 1.
Keene states see
(u) KN 133
Letter dated Oct. 22, 1970, to A.R. Cucchiaro, Mgr. of Distribution KN Corp. Industrial Insulation Div., from J.E. Connor, Asbestos Fibre Div. of Johns-Manville, enclosing copies of data sheets or asbestos fibre grades and rail rates from Canadiar J-M Asbestos Fibre Div. (6 pages)
ANSWER TO INTERROGATORY NUMBER 3u; Keene states see
answer to interrogatory No. 1.
(v) KN 134
Keene Corp. Industrial Insulation Div. Memo datec Nov. 2, 1970, to Dr. M. L. Pearce from Anthony R.
32
Cucchiaro re Asbestos-South African. (1 page)
ANSWER TO INTERROGATORY NUMBER 3v: answer to interrogatory No. 1.
Keene states see -
(w) KN 135
Letter dated Nov. 30, 1970, to A. Cucchiaro of Keene Corp. from Joan Holtze of North American Asbestos Corp. enclosing the purchase agreement for the sale of asbestos fibre between NAAC and KN. (4 pages)
/
ANSWER TO INTERROGATORY NUMBER 3w: Keene states see
answer to interrogatory No. 1.
(x) KN 136
Keene Corp. Purchase Order for amosite asbestos dated May 19, 1971; addressed to S.D. Goodman, Chief, Minerals & Ore Div., Property Management & Disposal Service, GSA; to be shipped to Keene Corp., Ceiling & Insulation Div., Valley Forge, PA. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3x: answer to interrogatory No. 1.
Keene states see
(y) KN 137
Keene Corp. Blanket Purchase Order for amosite asbestos dated Sept. 1971; addressed to S.D. Goodman, Chief, Minerals & Ore Div., Property Management & Disposal Service, GSA; to be shipped to Keene Corp., Ceiling & Insulation Div., Valley
Forge, PA. (1 page)
ANSWER TO INTERROGATORY NUMBER 3y: answer to interrogatory No. 1.
Keene states see
(z) KN 138
Keene Corp. Memo dated Oct. 8, 1971, to Messr. R. Griggs form Anthony Cucchiaro re John-Manville's invoice no. EA-3631 enclosing: Canadian JohnsManville Asbestos LTD. letter dated Oct. 1, 1971,
33
to KN Corp., attn. Mr. Cucchiaro, from L.R. Delaney re "Your Order 1-6270" and "Our Invoice A10-EA3631"; revised diagram; and. Asbestos & Danville Railway Daily Weight Sheet. (4 pages)
ANSWER TO INTERROGATORY NUMBER 3z; answer to interrogatory No. 1.
Keene states see
(aa) KN 139
Letter dated April 24, 1972, to Certain-Teed Products /Corp., attn. J.V. Kotarski, form F.L. Schawo, Mgr. Spray Products. (1 page)
ANSWER TO INTERROGATORY NUMBER 3aa; answer to interrogatory No. 1.
Keene states see
(bb) KN 140
Certificate of Incorporation of Keene Corporation signed by incorporators on April 5, 1967, received and filed by the Secretary of State of the State of Delaware on April 7, 1967. (17 pages)
ANSWER TO INTERROGATORY NUMBER 3bb: answer to interrogatory No. 1.
Keene states see
(cc) KN 141
Letter dated Jan 31, 1968, to Keene Corp. from Baldwin-Ehret-Hill regarding the Stock Purchase Agreement. (3 pages)
ANSWER TO INTERROGATORY NUMBER 3cc: answer to interrogatory No. 1.
Keene states see
(dd) KN 142
Stock Purchase Agreement dated Feb. 1, 1968, by and between Keene Corp. and the stockholders of Baldwin-Ehret-Hill with attached Exhibits A and B
(31 pages)
ANSWER TO INTERROGATORY NUMBER 3dd: 34
Keene states see
answer to interrogatory No. 1.
(ee) KN 143
Letter dated Feb. 1, 1968, to Keene Corp. form
Ballard, Spahr, Andrews & Ingersoll re Baldwin-
Ehret-Hill. (2 pages)
.
ANSWER TO INTERROGATORY NUMBER 3ee: answer to interrogatory No. 1.
Keene states see
(ff) KN 144
Keene Co/p. Invitation for Tenders of Common Stock
of Baldwin-Ehret-Hill, Inc. dated Feb. 2, 1968, to the Holders of Common Stock of Baldwin-Ehret-Hill, Inc., signed by Glenn W. Bailey with attached form letter of transmittal for tenders to common stock of Baldwin-Ehret-Hill, Inc, and instructions. (3 pages)
ANSWER TO INTERROGATORY NUMBER 3ff: answer to interrogatory No. 1.
Keene states see
(gg) KN 145
Letter dated Feb. 5, 1968, to the stockholders of Baldwin-Ehret-Hill, Inc. from Alvin Ehret, Chairmar of the Board, and E.R. Stevens, Pres. (1 page)
ANSWER TO INTERROGATORY NUMBER 3qq; answer to interrogatory No. 1.
Keene states see
(hh) KN 146
Letter dated Aug. 8, 1969, to United States Corp. Co. from John Groome, Dir. of the Corp. Bureau foi the Commonwealth of PA, certifying that the Articles of Incorporation for K.B.E.H. Corp. were approved and filed Aug. 1, 1969. K.B.E.H. Corp. Articles of Incorporation signed July 18, 1969, are
attached. (3 pages)
ANSWER TO INTERROGATORY NUMBER 3hh: answer to interrogatory No. 1.
35
Keene states see
(ii) KN 147
Articles of Merger of K.B.E.H. Corporation Into Baldwin-Ehret-Hill, Inc. signed Aug. 26, 1969; Appendix A-Joint Plan of Merger - K.B.E.H. Corporation into Baldwin-Ehret-Hill, Inc. filed Aug. 28, 1969; and. Commonwealth of Pennsylvania Certificate of Merger of K.B.E.H. -Corp. into and with Baldwin-Ehret-Hill, Inc., the surviving corp., dated Aug. 28, 1969. (10 pages)
ANSWER TO INTERROGATORY NUMBER 31i: answer to interrogatory ,No. 1.
Keene states see
(jj) KN 148
Certificate of Incorporation of the Keene Building Products Corporation received and filed by the state of Delaware Dec. 18 1969. (5 pages)
ANSWER TO INTERROGATORY NUMBER 311: answer to interrogatory No. 1.
Keene states see
(kk) KN 149
Agreement and Articles of Merger Baldwin-Ehret-Hill, Inc. Into Keene building Products Corp. signed Dec. 29, 1969 with attachments: Appendix A -Joint Plan of Merger of Baldwin-Ehret-Hill, Inc. into Keene Building Products Corp.; Certificate of Agreement of Merger of BEH into KBPC from the Commonwealth of
PA dated Jan. 27, 1970. (14 pages)
ANSWER TO INTERROGATORY NUMBER 3kk: answer to interrogatory No. 1.
Keene states see
(11) KN 150
Resolutions of the Board of Directors of the Keene Corp. regarding the transfer of assets and liabilities form KBPC to Keene Corp. as reported in the Minutes of their meeting held on Sept, 20, 1974. (4 pages)
ANSWER TO INTERROGATORY NUMBER 311: answer to interrogatory No. 1.
36
Keene states see
(nun) KN 151 `
Resolutions of the Board of Directors of the Keene corp. regarding the sale of common stock of KBPC as reported in the Minutes of their meeting held on Sept. 20, 1974. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3mm: answer to interrogatory No. 1.
Keene states see
(nn) KN 152
Consent of Sole Shareholder of KBPC Corp. to the adoption pi resolutions regarding the transfer of assets and liabilities from KBPC to Keene, dated Oct. 8, 1974. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3nn: answer to interrogatory No. 1.
Keene states see
(oo) KN 153
KBPC Consent of Directors to the adoption of resolutions regarding the transfer of assets and liabilities from KBPC to Keene, dated Oct. 8, 1974. (2 pages)
ANSWER TO INTERROGATORY NUMBER 3oo: answer to interrogatory No. 1.
Keene states see
(pp) KN 154
Stock Purchase Agreement dated Oct. 9, 1974, between Keene Corp. and Building Products Corp. with attachments: Exhibits A through H. (37 pages)
ANSWER TO INTERROGATORY NUMBER 3pp: answer to interrogatory No. 1.
Keene states see
4. Has Keene Corporation stipulated or agreed to the authenticity of any of the documents referenced in Interrogatory No. 1 with any person prior to the date of these Interrogatories?
If so, please (a) identify the person(s) with whom this stipulation or agreement was reached, (b) the date(s) of said stipulation or
37
agreement, and(c) identify the documents. ANSWER TO INTERROGATORY NUMBER 4: Keene objects to this
interrogatory on the grounds that it seeks information which is not relevant or is not likely to lead to the discovery of admissible evidence. Keene objects to this interrogatory as being unduly burdensome, harassing, or oppressive. Keene objects to this
/ interrogatory on the grounds that it is overly broad as to time, scope, or location.
38
STATE OF NEW YORK COUNTY OF NEW YORK
) : ss. :
)
JOHN G. O'BRIEN being duly sworn, deposes and says that he is Associate General Counsel and Assistant Secretary of Keene Corporation. The foregoing is verified on behalf of Keene
f Corporation. The matters stated therein are not within his personal knowledge and have been prepared pursuant to his directions from information and records available to said corporation. He believes the foregoing to be true.
i rr-L. A 6)i _ John G. O'Brien
Sworn to before me this / 3 day of 3^4,^ Uy'
Notary
Pub-lic-..
Motaiy PL"3i;c. Mo 2-}-47i02S
-__ QusJrfef? ir, K:iu - Coc.itv ^ *mtssn EapJros Sopl 0t>. i<> '