Document Z3ZDLN7DXRoYe17NQqo0r9bY

FILE NAME Kaiser Gypsum KG DATE 1997 DOC KG106 DOCUMENT DESCRIPTION Legal - ROGS from Horton PATRICK J. HAGAN ESQ State Bar 68264 E. JANE WELLS ESQ State Bar 112178 DILLINGHAM & MURPHY 225 Bush Street Sixth Floor San Francisco CA 94104-4207 415 397-2700 Attorneys for Defendant KAISER GYPSUM COMPANY INC SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO 10 IN RE SAN FRANCISCO COUNTY 11 COMPLEX ASBESTOS LITIGATION 12 13 CASE NO 828684 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO ALL DEFENDANTS PROPOUNDING PARTY : Plaintiffs RESPONDING PARTY -: SET Defendant Kaiser Gypsum Company Inc. Standard DATE COMES NOW defendant Kaiser Gypsum Company Inc. hereinafter Kaiser Gypsum and provides the following responses to Plaintiffs Standard Interrogatories To All Defendants propounded pursuant to San Francisco County Complex Asbestos 24 Litigation General Order No. 129 25 KAISER GYPSUM'S PRELIMINARY STATEMENT 26 Kaiser Gypsum submits this preliminary statement to memorialize certain steps 27 taken to implement the standard discovery regime adopted pursuant to the revised 28 General Orders filed November 15 1996 governing asbestos personal injury 1 ft Be and wrongful death cases filed in San Francisco County Superior Court Under the terms of General Order No. 129 all defendants must respond to the Plaintiffs Standard Interrogatories To All Defendants without objection even where those interrogatories appear objectionable under the rules defined by California statutes and appellate precedent The General Orders do contemplate that plaintiffs counsel must meet and confer with defendants and consider a specific defendant's concerns with the standard interrogatories as applied to that defendant's factual and litigation circumstances In Kaiser Gypsum's case that process proved sufficiently successful that Kaiser Gypsum did not believe it necessary to file a motion seeking judicial relief from the 10 burdensomeness that would arise in Kaiser Gypsum's circumstances from responding . 11 to the literal terms of the discovery 12 The meet and confer process was structured pursuant to an April 24 1997 letter 13 circulated by plaintiffs counsel In accordance with that procedure Kaiser Gypsum 14 held a meet and confer session with certain plaintiffs counsel on May 15 1997 as 15 contemplated by their April 24 letter During that session agreements were reached on 16 interpretations of numerous specific provisions of the subject standard interrogatories 17 which have since been concurred in by plaintiffs counsel that did not attend the May 15 18 meeting Kaiser Gypsum's pursuiotf its burdensomeness objections remains 19 contingent on continued realization of the agreements reached at the May 15 meeting 20 Kaiser Gypsum also stated other objections to the subject Plaintiffs Standard 21 Interrogatories during the course of the proceedings leading to their adoption Those 22 objections concerned both the concept of using standard interrogatories for discovery 23 unrelated to the resolution of cases or controversies before the Court objections to the 24 procedures underlying the development and adoption of the Standard Interrogatories 25 and objections to specific aspects of the Standard Interrogatories on grounds other than 26 burdensomeness all of which objections were either accepted or implicitly rejected 27 through adoption of the final Standard Interrogatories Kaiser Gypsum hereby makes 28 express on the record that by serving its Responses to Plaintiffs Standard Spe Interrogatories To All Defendants Kaiser Cement neither intends to nor does it waive its rights to press those objections at an appropriate future opportunity both in the context of specific cases before the Superior Court and on appellate review Kaiser Gypsum objects to these interrogatories to the extent that they call for information protected by the attorney privilege or work product doctrine This Preliminary Statement and the objections contained herein are incorporated into each of the responses set forth below KAISER GYPSUM'S RESPONSES TO INTERROGATORIES Kaiser Gypsum was constituted in 1952 and has been headquartered in disposed 10 California since that date Kaiser Gypsum of its last operating manufacturing engaged 11 plant in August 1978 and subsequently has not in manufacturing or product occurred 12 sales anywhere in the United States Thus all Kaiser Gypsum product sales 13 1952 and 1978. Therefore Kaiser Gypsum's responses to plaintiffs standard between 14 interrogatories are based almost entirely on its ongoing review of documents that are 15 available to it These interrogatory responses reflect Kaiser Gypsum's presently 16 knowledge at this time and supersede any previous interrogatory answers Kaiser 17 reserves the right to further supplement these responses in the event that Gypsum 18 more complete or accurate information becomes available 19 20 Joseph R. Hobby Vice President 2680 Bishop Drive Suite 225 San Ramon 21 California 94583 22 RESPONSE INTERROGATORY NO 23 12/1/95 - present Vice President 24 RESPONSE INTEROGATORY 25 26 . 27 Kaiser Gypsum is a corporation A. Its full and correct corporate name is Kaiser Gypsum Company Inc. B. Kaiser Gypsum is incorporated laws of the State of Washington . 28 C. Kaiser Gypsum was organized in 1952 through a somewhat complicated process Specifically on June 19 1952 Permanente Cement Company later known as Kaiser Cement Corporation formed a wholly owned subsidiary named Kaiser Gypsum Company a California Corporation On August 1 1952 Kaiser Gypsum Company purchased from the Henry J. Kaiser Company two gypsum wallboard plants located at Long Beach and Redwood City California On December 1 1952 Kaiser Gypsum Company was merged into Pacific Coast Cement Company another subsidiary of Permanente Cement Company with Pacific Coast Cement Company a Washington Corporation which at the time of the merger 10 had no assets or operations and which was incorporated on November 28 1927 being 11 the survivor The name of the combined company was then changed to Kaiser 12 Gypsum Company Inc. 13 D. Kaiser Gypsum's principal place of business is located at 3000 Busch Road 14 Pleasanton California 94566 15 E. Kaiser Gypsum has held a certificate of authority to do business in California 16 from 1952 to the present 17 F. Kaiser Gypsum is a wholly owned subsidiary of Kaiser Cement Corporation 18 whose principal place of business is located at 3000. Busch Road Pleasanton 19 California 94566 20 G. 3000 Busch Road Pleasanton California 94566 21 RESPONSE TO INTERROGATORY NO 4 22 No. 23 RESPONSE TO INTERROGATORY NO 5 24 Not applicable 25 RESPONSE TO INTERROGATORY NO 6 26 Not applicable 27 RESPONSE TO INTERROGATORY NO 7 28 Not applicable RESPONSE TO INTERROGATORY NO 8 Not applicable RESPONSE TO INTERROGATORY NO 9 Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon California RESPONSE RESPONSE INTERROGATORY INTERROGATORY 10 C Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon California RESPONSE TO INTERROGATORY NO 11 ~ Kaiser Gypsum has no knowledge that it ever employed a company physician 10 or medical director During the early 1970's Mr. A. J. Trommershausen an industrial 11 hygienist who was not an employee of Kaiser Gypsum was retained by Kaiser 12 Gypsum as a consultant to conduct manufacturing on and air sampling tests to evaluate 13 and ensure compliance with new U.S. -Occupational Safety and Health Administration 14 requirements 15 RESPONSE TO INTERROGATORY NO 12 16 William L. McKinnon former Senior Research Engineer was deposed on August 17 2 1984 in the following case Robert Butts v Kaiser Gypsum Company Inc. et al 18 Contra Costa County Superior Court Case No. 251401 19 Harlan C. Dupuis former Manager of Research and Development was deposed 20 on April 16 1985 in the following case Katherine Maksim v U.S. Gypsum et al San 21 Francisco County Superior Court Case No. 768674 22 Melissa A. Youngman former Treasurer was deposed on March 4 23 and 5 1993 in the following cases Donald Breslin v ABEX et al San Francisco 24 County Superior Court Case No. 943928 Coy Cossey v ABEX et San Francisco 25 County Superior Court Case No. 920148 Norma E. Olsen v ABEX et al San 26 Francisco County Superior Court Case No. 914076 Lynn Weimer v ABEX et al San 271 Francisco County Superior Court Case No. 914594 and Ray Person v ABEX et al 28 San Francisco County Superior Court Case No. 944872 Thomas V. Smith former Technical Supervisor for Accessory Products was deposed on March 11 1992 in the following case Michael F. Richie et al v Raybestos et al San Francisco County Superior Court Case No. 933324 Joseph R. Hobby Vice President was deposed on April 25 1997 in the following case Harry and Gladys Abex al San Francisco County Superior Court Case No. 948558 RESPONSE TO INTERROGATORY NO 13 A No. V Kaiser Gypsum was a member of the Gypsum Association which in 10 the past included among its members manufacturers suppliers and sellers of 11 containing products 12 W Kaiser Gypsum is not aware that any one individual served as its 13 representative to the Gypsum Association 14 RESPONSE TO INTERROGATORY NO 14 15 A. The precise dates of Kaiser Gypsum's membership in the Gypsum 16 Association are unknown It is believed that such membership extended from 17 the 1950's to approximately 1977 18 B. Kaiser Gypsum occasionally received minutes of meetings and other 19 informational literature from the Gypsum Association 20 C. Kaiser Gypsum will make Gypsum Association minutes and any asbestos- 21 related informational literature received from the Gypsum Association in its possession 22 which may contain the information requested in this interrogatory subpart available for 23 inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush 24 Street 6th Floor San Francisco California 25 RESPONSE TO INTERROGATORY NO 15 26 A. Kaiser Gypsum has no knowledge that it ever received documents 27 containing results or conclusions of any such studies and tests prior to 1973 28 Mt RESPONSE TO INTERROGATORY INTEROGATORY NO 16 A. Kaiser Gypsum has no knowledge that it ever received copies or portions of any such studies and tests prior to 1973. Kaiser Gypsum has never been insured by Metropolitan Life Insurance Company RESPONSE TO INTEROGATRY INTERROGATORY NO 17 A. Kaiser Gypsum has no knowledge that it ever received documents containing results or conclusions of the Saranac Laboratory studies or any such studies conducted by any other laboratory prior to 1973 RESPONSE TO INTERROGATORY NO 18 10 A. Kaiser Gypsum has no knowledge that it ever maintained a library or other 11 authorized collection of printed material on occupational disease or asbestos 12 hazards prior to 1973 131 RESPONSE TO INTERROGATORY INTERROGATORY NO 19 14 A and B During the early 1970's Mr. A. J. Trommershausen an industrial 15 hygienist was retained by Kaiser Gypsum as a consultant to conduct plant inspection 16 and air sampling tests to evaluate and ensure compliance with U.S. Occupational 17 Safety and Health Administration requirements 18 On December 27 1971 Kaiser Gypsum's Commodity Purchasing Manager 19 R.W. Grigg deceased wrote to each of Kaiser Gypsum's raw asbestos suppliers 20 These inquiries included a request for information concerning precautions 21 recommended for handling raw asbestos in Kaiser Gypsum's manufacturing facilities as 22 well as for contractors using and applying containing products In July 1973 Kaiser Gypsum personnel participated in an ad hoc committee formed by the Gypsum Association to consider the implications of 1972 Occupational Safety and Health Administration regulations with respect to the release of asbestos fibers during sanding and mixing of dry joint compounds Tests were conducted on behalf of the committee to measure amounts of asbestos and siliceous dusts generated during mixing and sanding of SOR: joint compounds on typical jobs C. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon California RESPONSE RESPONSE TO INTERROGATORY INTER OGATORY NO No. RESPONSE TO INTERROGATORY INTERROGATORY NO 21 A During the early 1970's Mr. A. J. Trommershausen an industrial hygienist was retained by Kaiser Gypsum as a consultant to conduct plant inspection and air sampling tests to evaluate and ensure compliance with U.S. Occupational 10 Safety and Health Administration requirements Plant inspection and air sampling tests 11 were conducted at the following California plants Antioch 8/71 4/72 and 7/72 Santa 12 Ana 9/71 The addresses of these plants were Antioch Plant Wilbur Avenue 13 Antioch California Santa Ana Plant 1302 Ritchey Street Santa Ana California 14 D. Yes 15 E. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon 16 California 17 RESPONSE TO INTERROGATORY NO 22 18 A Other than the plant inspections described in its response to 19 Interrogatory No. 21 Kaiser Gypsum has conducted no such tests 20 RESPONSE TO INTERROGATORY NO 23 21 No. 22 RESPONSE TO INTERROGATORY NO 24 23 Beginning in the early 1970's Kaiser Gypsum began providing medical 24 examinations for those employees involved in the manufacture of containing 25 products 26 A. The examinations included chest rays and pulmonary function tests 27 B. The examinations were mandatory for those employees involved in the 28 manufacture of containing products C. Yes D. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon California RESPONSE TO INTERROGATORY NO 25 No. RESPONSE TO INTERROGATORY INTERROGATORY NO 26 -D Kaiser Gypsum is insured under a number of general corporate liability insurance policies that were issued by primary insurance carriers including Truck Insurance Exchange Fireman's Fund The Home Insurance Company and National 10 Union Insurance Company which Kaiser Gypsum maintains provide coverage for 11 personal injury claims Certain policy terms and conditions are subject to disputes 12 between Kaiser Gypsum and its carriers Kaiser Gypsum also believes that it is insured 13 under a number of excess liability insurance policies that were issued by a number of 14 different insurance carriers including some that may no longer be capable of 15 responding to their obligations The terms and conditions of these excess policies may 16 be subject to dispute Kaiser Gypsum is preparing a summary of insurance information 17 in chart form which will be available for inspection upon reasonable notice at the offices 18 of Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California 19 Kaiser Gypsum will supplement this response in the event the circumstances in a 20 particular case may make more detailed information on insurance policies of relevance 21 taking into account the carrier and dispute resolution status pertaining at that time 22 RESPONSE TO INTERROGATORY NO 27 23 No. 24 RESPONSE TO INTERROGATORY NO 28 25 No. 26 RESPONSE TO INTERROGATORY NO 29 27 28 Mf Not applicable RESPONSE TO INTEROGATRY INTERROGATORY INTEROGATORY NO 30 A. See response to 30 and 30 B. No. See response to 30 and 30 C. See response to 30 and 30 E. Yes 1952 to 1976 F. See response to 30 and 30 G. Yes 1952 to 1976 H. No. 10 RESPONSE TO INTERROGATORY NO 31 11 1 12 Kaiser Gypsum's Business Gypsum Plaster Gypsum Lath and Gypsum Wallboard - No Asbestos Used Kaiser Gypsum was organized by Henry J. Kaiser 1882-1967 the famous 13 industrialist and World War II hero in 1952 and terminated its United States sales and 14 manufacturing in 1978. Between 1952 and 1978 Kaiser Gypsum's principal business 15 consisted of manufacturing and marketing gypsum plaster gypsum lath and gypsum 16 17 wallboard The word gypsum is derived from the Greek word gypso meaning chalk 18 Gypsum is hydrous calcium sulfate Gypsum plaster is sometimes called Plasteorf 19 Paris because gypsum plaster was widely used in the capital of France during the 19th 20 century Gypsum occurs in nature in rock form and is found in abundance in Baja | 21 California Mexico 22 A. Gypsum Plaster Products 23 During Kaiser Gypsum's first years in business most houses and many other 24 buildings had interior walls that were made with plaster The plaster products sold by 25 Kaiser Gypsum were essentially ground gypsum rock packaged in bags Such 26 gypsum plaster products were mixed with water and an aggregate most commonly 27 sand at the construction site to form a paste The paste was applied by hand and 28 smoothed with a trowel to form a wall or ceiling surface Sometimes several layers of plaster were used with the underneath layers being brown in color and the surface layer being white When dried the plaster became quite hard A plaster wall or ceiling typically was finished by painting the plaster surface or covering it with wallpaper Kaiser Gypsum's plaster products designed for the above construction uses included Hardwall Plaster Fibered Hardwall Plaster Dual Purpose Fibered Hardwall Plaster Dual Purpose Unfibered Hardwall Plaster Wood Fibered Hardwall Plaster Slow Set Gauging Plaster and Quick Set Gauging Plaster They also included plaster products for casting e.g. making ornaments or statues including Casting Plaster and Slow Set Casting Plaster Kaiser Gypsum also manufactured Plaster Retarder and 10 Structural Gypsum Mixed Gypsum Concrete Kaiser Gypsum plaster products 11 also included Red plaster a mixed product which combined plaster and 12 aggregate that was introduced in 1956. Gun Plaster introduced in 1957 was applied 13 by mixing the sacked product on the job site in special portable mixing machines and it 14 was then pumped through a large diameter hose to the inside of a building where it was 15 sprayed by plasterers onto walls with comparative speed and economy Kaiser 16 Gypsum never used asbestos as a component in any of those products 17 B. Gypsum Lath Products 18 The surface to which gypsum plaster was applied was called lath Lath was 19 sometimes made of wire but lath also could be made of hard paper covered sheets of 20 gypsum plaster called gypsum stucco Pieces of gypsum lath sometimes were made 21 with holes in them The lath sheets would be affixed to the interior wall framing and 22 plaster would then be applied to the lath The holes in the lath would help keep the 23 plaster in place while it dried Kaiser Gypsum made gypsum lath of this type Kaiser 24 Gypsum lath products included Plain Lath and Perforated Lath Back Insulating 25 Lath Duralath Gypsum Veneer Base and Kaiserwall Kaiser Gypsum never used 26 asbestos as a component in any of those products 27 Ill 28 C. Gypsum Wallboard Products In years following the Korean War there were numerous innovations in housing construction including many changes intended to lower housing construction costs One such change was the substitution of gypsum wallboard or drywall for plaster Gypsum wallboard like gypsum lath is basically a hard sheet of gypsum plaster that is affixed to the wall framing Typically gypsum wallboard would be made in pieces that were 4 feet wide and 8 feet long They typically were 1/2 inch or 5/8 inch thick During the manufacturing process the wallboard's core of gypsum plaster was covered by a special paper that could be painted or covered with wallpaper 10 Because more walls partitions or ceilings could be made using gypsum 11 wallboard in a given period of time than could be made by plastering over lath 12 constructing houses apartments and other buildings with wallboard was less 13 expensive Over time as building codes were amended to permit use of gypsum 14 wallboard more construction of interior walls partitions and ceilings was done using 15 wallboard and less using plaster Reflecting this trend Kaiser Gypsum's business 16 focused more on gypsum wallboard as time passed By 1960 about half of the 17 construction in California used wallboard and half still used plaster Plaster use 18 continued to decline and by the early 1970's substantially all of the market demand 19 was for gypsum wallboard Kaiser Gypsum never used asbestos as a component in any 20 of its gypsum wallboard products 21 D. Asbestos Products Exceeded 90 Of Total Sales 22 The bulk of Kaiser Gypsum's sales has always consisted of products that did not 231 use asbestos as a component To illustrate the following chart shows sales totals in dollars for the years 1969-1975 the last full year prior to the complete cessation of the 25 use of asbestos as a component in Kaiser Gypsum products 26 Ml 27 Ill 28 Year Asbestos Asbestos Product 1969 1970 Products 41,360,000 37,258,000 Total Sales 43,299,000 39,457,000 Percentage Of Total 96 94 1971 48,403,000 51,671,000 94 1972 58,468,000 63,056,000 93 1973 1974 65,803,000 64,996,000 71,382,000 70,139,000 92 93 1975 41,318,000 43,935,000 94 10 As these figures illustrate Kaiser Gypsum's sales of containing 11 products always were substantially more than 90 of its business 12 II 13 Accessories For Use With Gypsum Wallboard A. Nails Wall And Door Frames Cornerbead 14 Paper Products - No Asbestos Used 15 With the expansion of its gypsum wallboard business Kaiser Gypsum also 16 began selling other products needed to construct interior walls partitions or ceilings 17 using gypsum wallboard These included special nails and other devices used to attach partition They 18 wallboard to the supporting frame also included metal wall or frames 19 especially made for installing wallboard metal cornerbead used to make partition 20 corners hard and metal doorframes for use in walls made using gypsum wallboard 21 Partly to ensure that it could get access to adequate amounts of the special paper used 22 to make wallboard its gypsum plaster core was permanently covered with paper 23 Kaiser Gypsum acquired paper plants where it also manufactured commercial paper 24 products such as cardboard boxes Kaiser Gypsum never used asbestos as a component in any of those products 26 Ill 27 Ill 28 : ~ B. Wallboard Joint Compounds - Asbestos Used As A Component When the walls or ceilings of a room are made from gypsum wallboard large pieces of wallboard are installed side by side leaving small spaces where two pieces of wallboard meet These spaces need to be filled so that they cannot be seen after the wall is painted or covered with wallpaper The products used to perform that task are called joint compoundsor joint finishing compounds At the time of use these joint compounds are thick putty or mud substances which permits them to be pushed into the spaces and smoothed with a putty knife or spatula Paper or cloth reinforcing 10 11 12 13 14 15 16 17 | 18 19 20 21 22 23 24 25 26 27 28 tape is pushed into the joint compound to help prevent cracking as the joint compound dries The joint compound dries to form a hard rock substance Kaiser Gypsum manufactured and marketed such wallboard joint compounds and prior to the 1970's these joint compounds contained a small percentage of chrysotile asbestos as a component The purpose of the chrysotile asbestos component was to prevent cracks from forming as the joint compound dried Asbestos is the Greek word for incombustible which refers to things that will not burn Chrysotile is the most common type of asbestos used in products in the United States Chrysotile is a fibrous rock material derived from the rock serpentine which is very common in California where it is the state rock These Kaiser Gypsum products were 1. Joint Cement Compound 2. Finishing Topping Compound 3. Purpose Wallboard Compound 4. One Joint Compound mix Joint Compound 5. mix Finishing Compound mix Dual Purpose Joint Compound 2. mix Topping Compound fee a Naga _ one ide 9. Laminating Compound Kaiser Gypsum's separate responses to interrogatory subparts a for each of these products are as follows 1. Joint Cement Compound A. The trade name of this product originally was Kaiser Joint Cement about 1957 it was changed to Kaiser Joint Compound B. Kaiser Gypsum marketed Kaiser Joint Cement in 1952 but did not itself manufacture all of the product sold Kaiser Gypsum does not know whether the non- manufactured product marketed in 1952 contained asbestos as a component Kaiser 10 Gypsum began manufacturing Kaiser Joint Cement in 1952 or 1953 at which time 11 chrysotile asbestos was used as a component 12 C. Kaiser Gypsum last manufactured Kaiser Joint Compound with chrysotile 13 asbestos as a component in 1975 14 D. The Kaiser Gypsum California plants that made this product were located at 15 Redwood City and Antioch These plants were in operation at different times The 16 product was manufactured at Redwood City from 1952 or 1953 to 1957 and at Antioch 17 from 1957 to 1975. Because of the heavy weight of the product low profit margin and 18 high transportation costs distribution tended to center around the location of the 19 manufacturing plant The product consisted primarily of minerals including casein or 20 polyvinyl clay talc limestone and mica The product manufactured in Kaiser Gypsum's 21 California plants included between % by weight and 16 by weight chrysotile 22 asbestos as a component depending on the formula in effect at a given date 23 E. This product was a white to white powder It was packaged and sold in sacks of 10 to 25 lbs and in boxes of 5 and 18 lbs Each container was labeled with 25 the name of the manufacturer Kaiser Gypsum Company Inc. the name of the product 25 and directions for its use 27 F. This product was a dry powder which when mixed with water formed a thick 28 paste Upon application it dried to a hard durable surface It was used to fill gypsum wallboard joints embed joint reinforcing tape finish joints and to cover and finish nail heads and metal cornerbead 2. Finishing Topping Compound A. The trade name of this product was Kaiser Gypsum Finishing topping 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Compound B. Kaiser Gypsum began manufacturing finishing topping compound in 1955 and chrysotile asbestos was used as a component at that time C. Kaiser Gypsum last manufactured finishing topping compound with chrysotile asbestos as a component in 1975 D. The Kaiser Gypsum California plants that made this product were located at Redwood City and Antioch These plants were in operation at different times The product was manufactured at Redwood City from 1955 to 1957 and at Antioch from 1957 1975. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant This product consisted primarily of minerals including casein or polyvinyl clay talc limestone and mica The product included between 5.3 by weight and 16 by weight chrysotile asbestos as a component depending on the formula in effect at a given time . E. This product was a white to white powder It was packaged and sold in sacks of 25 lbs Each container was labeled with the name of the manufacturer Kaiser Gypsum Company Inc. the name of the product and instructions for its use F. This product was a dry powder which when mixed with water formed a thick paste Upon application it dried to a hard durable surface It was used to top and finish gypsum wallboard joints 3. Purpose Wallboard Compound A. The trade name of this product was Kaiser Gypsum Purpose Wallboard Compound B. Kaiser Gypsum began manufacturing Purpose Wallboard Compound in 1968 and chrysotile asbestos was used as a component at that time C. Kaiser Gypsum last manufactured Purpose Wallboard Compound with chrysotile asbestos as a component in 1976 D. The Kaiser Gypsum California plant that made this product was located at Antioch Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant This product consisted primarily of minerals including casein or polyvinyl clay talc limestone and mica The product included between 5.1 by weight 10 and 14.2 by weight chrysotile asbestos as a component 11 E. The product was a white to white powder It was packaged and sold in 12 sacks of 25 lbs Each sack was labeled with the name of the manufacturer Kaiser 13 Gypsum Company Inc. the name of the product and directions for its use 14 F. This product was a dry powder which when mixed with water formed a thick 15 paste Upon application it dried to a hard durable surface It was used to tape top and 16 finish gypsum wallboard joints nailheads and metal cornerbead 17 4. One Joint Compound product 18 A. The trade name of this was Kaiser Gypsum One Joint 19 Compound Powder 20 B. Kaiser Gypsum began manufacturing One Day Joint Compound Powder in 21 1968 and chrysotile asbestos was used as a component at that time 22 C. Kaiser Gypsum last manufactured One Day Joint Compound Powder with 23 chrysotile asbestos as a component in 1975 24 D. The Kaiser Gypsum California plants that made this product were located at 25 Santa Ana and Antioch Because of the heavy weight of the product low profit margin 26 and high transportation costs distribution tended to center around the location of the 27 manufacturing plant The product consisted primarily of casein limestone and mica 28 The product included 3.4 by weight chrysotile asbestos as a component 3 Ea be. CleNl E. This product was a white to white powder It was packaged and sold in sacks of 25 lbs Each sack was labeled with the name of the manufacturer Kaiser Gypsum Company Inc. the name of the product and directions for its use F. This product was a dry powder which when mixed with water formed a thick paste Upon application it dried to a hard durable surface It was used to fill gypsum wallboard joints embed joint reinforcing tape finish joints and to cover and finish nailhead and metal cornerbead 5. Mix Joint Compound A. The trade name of this product was Kaiser Gypsum Mix Joint 10 Compound 11 B. Kaiser Gypsum began manufacturing Mix Joint Compound in 1959 and 12 chrysotile asbestos was used as a component at that time 13 C. Kaiser Gypsum last manufactured Mix Joint Compound with chrysotile 14 asbestos as a component in 1962 15 D. The Kaiser Gypsum California plant that made this product was located at 16 Long Beach Because of the heavy weight of the product low profit margin and high 17 transportation cost distribution tended to center around the location of the 18 manufacturing plant This product consisted primarily of minerals including casein or 19 polyvinyl clay talc limestone and mica The product included chrysotile asbestos as a 20 component The percentage presently is : unknown Investigation is continuing 21 E. This product was a white to white colored paste It was packaged and 22 sold in cans of 4 or 5 gallons and in cartons of 5 gallons Each container was labeled 23 with the name of the manufacturer Kaiser Gypsum Company Inc. the name of the 24 product and directions for its use 25 F. This product was a thick paste like material which upon application dried to a 26 hard durable surface It was used to fill gypsum wallboard joints embed joint 27 reinforcing tape finish joints and to cover and finish nailheads and cornerbead 28 III 6. Mix Finishing Compound A. The trade name of this product was Kaiser Gypsum Mix Finishing Compound | B. Kaiser Gypsum began manufacturing Mix Finishing Compound in 1959 and chrysotile asbestos was used as a component at that time C. Kaiser Gypsum last manufactured Mix Finishing Compound with chrysotile asbestos as a component in 1962 D. The Kaiser Gypsum California plant that made this product was located at Long Beach Because of the heavy weight of the product low profit margin and high 10 transportation cost distribution tended to center around the location of the 11 manufacturing plant This product consisted primarily of minerals including casein or 12 polyvinyl clay talc limestone and mica The product included chrysotile asbestos as a 13 component The percentage presently is unknown Investigation is continuing 14 E. This product was a white to white colored paste It was packaged and 15 sold in cans of 4 or 5 gallons and in cartons of 5 gallons Each container was labeled 16 with the name of the manufacturer Kaiser Gypsum Company Inc. the name of the 17 product and directions for its use 18 F. This product was a thick paste like material which upon application dried to a 19 hard durable surface It was used to finish gypsum wallboard joints and to cover and 20 finish nailheads and cornerbead 21 7. Mix Dual Purpose Joint Compound 22 A. The trade name of this product was Kaiser Gypsum Mix Dual Purpose 23 Joint Compound 24 B. Kaiser Gypsum began manufacturing Mix Dual Purpose Joint 25 Compound in 1960 and chrysotile asbestos was used as a component at that time 26 C. Kaiser Gypsum last manufactured Mix Dual Purpose Joint Compound 27 with chrysotile asbestos as a component in 1975 28 D. The Kaiser Gypsum California plants that made this product were located at Long Beach Antioch and Santa Ana Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant This product consisted primarily of minerals including polyvinyl clay talc limestone and mica The product included between 1.5 by weight and % by weight chrysotile asbestos as a component depending on the formula in effect at a given date E. This product was a white to white or light buff colored paste It was packaged and sold in 5 gallon metal cans or plastic pails and 4 or 5 gallon cartons 10 Beginning in 1966 small amounts were sold in 5 quart plastic buckets as an 11 accommodation product for lumber dealers under the name purpose premix 12 compound Each container was labeled with the name of the manufacturer Kaiser 13 Gypsum Company Inc. the name of the product and directions for its use 14 F. This product was a thick paste like material which upon application dried to a 15 hard durable surface It was used to finish gypsum wallboard joints embed joint 16 reinforcing tape finish joints and to cover and finish nailheads and metal cornerbead 17 8. Mix Topping Compound 18 A. The trade name of this product was Kaiser Gypsum Mix Topping 19 Compound 201 B. Kaiser Gypsum began manufacturing Mix Topping Compound in 1968 and chrysotile asbestos was used as a component at that time C. Kaiser Gypsum last manufactured Mix Topping Compound with chrysotile asbestos as a component in 1976 D. The Kaiser Gypsum California plants that made this product were located at 25 Santa Ana and Antioch Because of the heavy weight of the product low profit margin 26 and high transportation costs distribution tended to center around the location of the 27 manufacturing plant This product consisted primarily of minerals including casein or 28 polyvinyl clay talc limestone and mica The product included between 0.9 by weight eo, and % by weight chrysotile asbestos as a component depending on the formula in effect at a given date E. This product was a white to white or light buff colored paste It was packaged and sold in metal and plastic buckets of 4 or 5 gallons and in cartons of 4 gallons Each container was labeled with the name of the manufacturer Kaiser Gypsum Company Inc. the name of the product and directions for its use F. This product was a thick paste like material which upon application dried to a hard durable surface It was used to top and finish gypsum wallboard joints 9. Laminating Compound 10 A. The trade name of this product was Kaiser Gypsum Laminating Compound 11 B. Kaiser Gypsum began manufacturing Laminating Compound in 1961 at 12 which time chrysotile asbestos was used as a component 13 C. Kaiser Gypsum last manufactured Kaiser Gypsum Laminating Compound 14 with chrysotile asbestos as a component in 1972 at which time the product was 15 discontinued 16 D. The Kaiser Gypsum California plants that made this product were located at 17 Antioch and Santa Ana These plants were in operation at different times The product 18 was manufactured at Antioch from 1961 through 1970 and at Santa Ana in 1971 and 19 1972. Because of the heavy weight of the product low profit margin and high 20 transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of soya flour and limestone The 22 product included between 6.5 by weight and 10 by weight chrysotile asbestos as a | 23 component depending upon the formula in effect at a given date 24 E. This product was a white to white powder It was packaged and sold in 25 sacks of 25 lbs Each container was labeled with the name of the manufacturer Kaiser 26 Gypsum Company Inc. the name of the product and directions for its use 27 F. This product was a dry powder which when mixed with water formed a thick 28 paste It was used as an adhesive to laminate one piece of gypsum wallboard to  another which was occasionally done to create gypsum drywall partitions having thicker wallboard than could be created by a single sheet For example gypsum wallboard typically came in sheets 1/2 inch and 5/8 inch thick If one wanted a gypsum wallboard that was 1 inch thick this would be created by laminating together two pieces of gypsum wallboard that were each 1/2 inch thick Laminating compound was used for this purpose Additionally it was used to laminate gypsum wallboard to sound deadening board which would increase the wall's capacity to prevent transmission of sound from one room to another 10 Kaiser Gypsum's responses to interrogatory subparts G. - J. applicable to all of 11 the eight wallboard joint compound products discussed above are as follows 12 G. Kaiser Gypsum is unsure as to the intended meaning of The U.S. 13 Government's Qualified Products List but has no knowledge that any of its wallboard 14 joint compound products ever appeared on sucha list 15 H. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos 16 John K. Bice 17 Harrison & Crosfield 18 Carmonia Chemical Co. 19 Western Chemical Co. 20 Philip Carey Corp. Carey Canadian Asbestos 21 Manville 22 Union Carbide Corp. 23 E. S. Browning 24 Loomis Chemical Co. 25 Benson Chemical 26 Paul W. Wood Manville 27 Current addresses if any are not known to Kaiser Gypsum Most of the specific 28 time periods during which these firms supplied asbestos are unknown I. 1 through 3 Kaiser Gypsum is not aware of ever selling such products to shipyards power companies or refineries Kaiser Gypsum sold such products to non- governmental customers in Northern California from approximately 1952 to 1976. These customers consisted largely of building contractors or building materials dealers Kaiser Gypsum has some retained sales orders and sales invoices for some years which identify the purchasers of Kaiser Gypsum products the dates of sale the amount of each product sold and in some cases the sites to which the products were to be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of mulitiple products Kaiser Gypsum will 10 make its retained sales records covering sales to customers in the Geographic Area 11 available for inspection upon reasonable notice at the offices of Dillingham & Murphy 12 225 Bush Street 6th Floor San Francisco California 13 J. Kaiser Gypsum will make responsive documents sufficient to substantiate the 14 above information available for inspection upon reasonable notice at the offices of 15 Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California Kaiser 16 Gypsum regards and maintains its product formulas as confidential business 17 information Incident to the sale of production facilities in which containing 18 products were previously manufactured Kaiser Gypsum transferred its trade secrets 19 intangible property rights and other confidential and proprietary business information 201 and assumed obligations to maintain their confidentiality Consistent with those 21 property rights and obligations Kaiser Gypsum is prepared to produce the formulas for 22 containing products marketed in the Geographic Area under a confidentiality 23 agreement 24 C. Decorative Texture Finishes For Interior Walls 25 Or Ceilings - Asbestos Used As A Component 26 Drywall partitions or walls made from gypsum wallboard are sometimes 27 decorated with wall covering or wallpaper that is fixed to the wall by an adhesive or 28 glue On other occasions such walls are finished by painting them There are many varieties of paint including some that are intended to create a textured surface rather than a smooth surface Kaiser Gypsum manufactured and marketed several texture paint products that during certain years used chrysotile asbestos as one of numerous components Drywall ceilings are sometimes finished with decorative products as are the cement slab ceilings found in some high buildings Kaiser Gypsum also manufactured and marketed decorative texture products for use on such interior ceilings that during certain years used chrysotile asbestos as one of numerous components The Kaiser Gypsum decorative wall and ceiling texture products were 1. Cover texture paint 2. Spray or Spray Cover texture paint 3. Kaiser texture paint 12 4. Cover TSS wall texture 13 5. Spray ceiling texture 14 Kaiser Gypsum's responses to interrogatory subparts a for each of these 15 products are as follows 16 1. Cover Texture Paint 17 A. The trade name of this product was Cover texture paint 18 B. Kaiser Gypsum marketed Cover texture paint in 1952 but it did not itself 19 manufacture all of the product sold Kaiser Gypsum does not know whether the non- 20 manufactured product marketed in 1952 contained asbestos Kaiser Gypsum began 21 manufacturing this product in 1953 at which time chrysotile asbestos was used as a 22 component 23 C. Kaiser Gypsum last manufactured Cover texture paint with chrysotile asbestos as a component in 1967 when the product was discontinued 25 D. The Kaiser Gypsum California plants that made this product were located in 26 Redwood City and Antioch These plants were in operation at different times The 27 product was manufactured at Redwood City from 1953 through 1957 and at the Antioch 28 plant from 1957 through 1967. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of casein limestone and mica The product included between 4.4 by weight and 8.6 by weight chrysotile asbestos as a component depending upon the formula in effect at a given date E. This product was a white to white powder It was packaged and sold in sacks of 25 lbs and sacks of 50 lbs Each container was labeled with the name of the manufacturer Kaiser Gypsum Company Inc. the name of the product and directions for its use F. This product was a dry powder which when mixed with water formed a 10 texture paint It was used to produce texture effects over gypsum wallboard surfaces 11 2. Spray Or Spray Cover Texture Paint 12 A. The trade name of this product was Spray Later it was changed to 13 Spray Cover texture paint 14 B. Kaiser Gypsum began manufacturing this product in 1956 at which time 15 chrysotile asbestos was used as a component 161 C. Kaiser Gypsum last manufactured Spray Cover texture paint with 17 chrysotile asbestos as a component in 1967 when the product was discontinued 18 D. The Kaiser Gypsum California plants made this product were located in 19 Redwood City and Antioch These plants were in operation at different times The 20 product was manufactured at Redwood City from 1956 through 1957 and at the Antioch plant from 1957 through 1967. Because of the heavy weight of the product low profit 22 margin and high transportation costs distribution tended to center around the location 23 of the manufacturing plant The product consisted primarily of casein limestone and 24 mica The product included between 6.6 by weight and 36.6 by weight chrysotile 25 asbestos as a component depending upon the formula in effect at a given date 26 E. This product was a white to white powder However some colored 27 versions of the product were offered It was packaged and sold in sacks of 25 lbs and 28 sacks of 50 lbs Each container was labeled with the name of the manufacturer Kaiser Gypsum Company Inc. The name of the manufacturer Kaiser Gypsum Company Inc. the name of the product and directions for its use F. This product was a dry powder which when mixed with water formed a texture paint that was used to produce texture effects over gypsum wallboard surfaces 3. Kaiser Texture Paint A. The trade name of this product was Kaiser texture paint B. Kaiser Gypsum marketed Kaiser texture paint in 1952 but it did not itself manufacture all of the product sold Kaiser Gypsum does not know whether the non- manufactured product marketed in 1952 contained asbestos Kaiser Gypsum began manufacturing this product in 1952 or 1953 at which time chrysotile asbestos was used | as a component 12 C. Kaiser Gypsum last manufactured Kaiser texture paint with chrysotile 13 asbestos as a component in 1967 when the product was discontinued 14 D. The Kaiser Gypsum California plants that made this product were located in 15 Redwood City and Antioch These plants were in operation at different times The 16 product was manufactured at Redwood City from 1952 or 1953 through 1957 and at the 17 Antioch plant from 1957 through 1967. Because of the heavy weight of the product low 18 profit margin and high transportation costs distribution tended to center around the 19 location of the manufacturing plant The product consisted primarily of casein 20 limestone and mica The product included between 4.0 by weight and 8.0 by 21 weight chrysotile asbestos as a component depending upon the formula in effect at a 22 given date 23 E. This product was a white to white powder however some colored paints 24 were sold It was packaged and sold in sacks of 10 lbs and sacks of 25 lbs Each 25 container was labeled with the name of the manufacturer Kaiser Gypsum Company 25 Inc. the name of the product and directions for its use 27 F. This product was a dry powder which when mixed with water formed a 28 texture paint It was used to produce texture effects over gypsum wallboard surfaces 4. Cover TSS Wall Texture A. The trade name of this product was Kaiser Gypsum Cover TSS wall texture paint B. Kaiser Gypsum began manufacturing Cover Wall Texture in 1968 at which time chrysotile asbestos was used as a component C. Kaiser Gypsum last manufactured Cover Wall Texture with chrysotile asbestos as a component in 1975 D. The Kaiser Gypsum California plants that manufactured this product were Santa Ana and Antioch These plants were in operation at different times The product 10 was manufactured at Santa Ana from 1968 through 1975 and at the Antioch plant from 11 1968 through 1975. Because of the heavy weight of the product low profit margin and 12 high transportation costs distribution tended to center around the location of the 131 manufacturing plant The product consisted primarily of casein limestone and mica 14 The product included between 4.2 by weight and 8.7 by weight chrysotile asbestos 15 as a component depending upon the formula in effect at a given date 16 17 E. The product was a white to white powder It was packaged and sold in 50 lb. sacks Each container was labeled with the name of the manufacturer Kaiser 18 Gypsum Company Inc. the name of product and directions for its use 19 F. This was a dry powder which when mixed with water formed a paint 20 product designed for hand or spray application When dry it produced a hard durable 21 surface It was used to produce texture effects over gypsum wallboard surfaces 22 5. Spray Ceiling Texture 23 A. The trade name of this product was Kaiser Gypsum Spray Ceiling Texture 24 B. Kaiser Gypsum began manufacturing Spray Ceiling Texture in 1961 at 25 | which time chrysotile asbestos was used a a component 26 C. Kaiser Gypsum last manufactured Spray Ceiling Texture with chrysotile 27 asbestos as a component in 1975 28 D. The Kaiser Gypsum California plants that manufactured this product were Santa Ana and Antioch These plants were in operation at different times The product was manufactured at Santa Ana from 1973 through 1975 and at the Antioch plant from 1961 through 1971. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of casein limestone and mica The product included between 1.3 by weight and 9.9 by weight chrysotile asbestos as a component depending upon the formula in effect at a given date E. The product was a white powder with either a mineral or polystyrene 10 aggregate It was packaged and sold in 32 lb. sacks Each container was labeled with 11 the name of the manufacturer Kaiser Gypsum Company Inc. the name of the product 12 and directions for its use 13 F. This was a dry powder which when mixed with water formed a paint 14 product designed for spray application When dry it produced a hard durable surface 15 It was used to produce texture effects over gypsum wallboard or interior concrete 16 ceilings 17 18 Kaiser Gypsum's responses to interrogatory subparts G.-J. G.-J. applicable to all of 19 the five decorative texture products discussed above are as follows 20 G. Kaiser Gypsum is unsure as to the intended meaning of The U.S. 21 Government's Qualified Products List but has no knowledge that any of its decorative 22 texture products ever appeared on sucha list 23 H. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos 24 * John K. Bice 25 Harrison & Crosfield 25 - Carmonia Chemical Co. 27 Western Chemical Co. 28 Philip Carey Corp. Carey Canadian Asbestos Manville Union Carbide Corp. E. S. Browning Loomis Chemical Co. Benson Chemical Paul W. Wood Manville Current addresses if any are not known to Kaiser Gypsum Most of the specific time periods during which these firms supplied asbestos are unknown 1. 1 through 3 Kaiser Gypsum is not aware of ever selling such products to 10 shipyards power companies or refineries Kaiser Gypsum sold such products to non- 11 governmental customers in Northern California from approximately 1952 to 1975 12 These customers consisted largely of building contractors or building materials dealers 131 Kaiser Gypsum has some retained sales orders and sales invoices for some 14 years which identify the purchasers of Kaiser Gypsum products the dates of sale the 15 amount of each product sold and in some cases the sites to which the products were 16 to be delivered Sales orders and invoices are not organized by type of product and 17 often individual documents cover sales of multiple products Kaiser Gypsum will make 18 its retained sales records covering sales to customers in the Geographic Area available 19 for inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush 20 Street 6th Floor San Francisco California 21 J. Kaiser Gypsum will make responsive documents sufficient to substantiate the 22 above information available for inspection upon reasonable notice at the offices of 23 Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California Kaiser Gypsum regards and maintains its product formulas as confidential business 25 information Incident to the sale of production facilities in which containing 26 products were previously manufactured Kaiser Gypsum transferred its trade secrets 27 intangible property rights and other confidential and proprietary business information 28 and assumed obligations to maintain their confidentiality Consistent with those property rights and obligations Kaiser Gypsum is prepared to produce the formulas for containing products marketed in the Geographic Area under a confidentiality agreement D. Electric Radiant Heat System Finishing Products As In areas where electricity was expected to be particularly inexpensive some houses and apartments were constructed with electric radiant heating systems In some such radiant heating systems grooves were cut in gypsum wallboard ceilings and electrical heating cables secured in the grooves The groove were then 10 filled and the ceiling covered with a decorative finish In other systems electric heating 11 wires were stapled to the surface of wallboard Then the ceiling was covered with a 12 thick decorative finish that would conceal the heating wires Kaiser Gypsum made 131 several products for finishing such systems and these products used chrysotile 14 asbestos as one of numerous components These Kaiser Gypsum products were 15 1. Filler Compound 16 2. Radiant Heat Compound 17 3. Radiant Heat Scrimless Surfacing Compound 18 Kaiser Gypsum's responses to interrogatory subparts a for each of these 19 products are as follows 20 1 Filler Compound 21 A. The trade name of this product was Kaiser Gypsum Filler Compound 22 B. Kaiser Gypsum began manufacturing Filler Compound in 1961 at which 23 time chrysotile asbestos was used as a component 24 C. Kaiser Gypsum last manufactured Filler Compound with chrysotile asbestos 25 as a component in 1972 when the product was discontinued 26 D. The Kaiser Gypsum California plant that made this product was located at 27 Antioch It manufactured Filler Compound from 1961 to 1970. Because of the heavy 28 weight of the product the low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of minerals including limestone and mica The product used chrysotile asbestos as a component in its formula but the amount of asbestos called for in the formula used to manufacture the product at the Antioch plant is uncertain Investigation is continuing E. This product was a white to white powder It was packaged and sold in sacks of 50 lbs Each container was labeled with contained the name of the manufacturer Kaiser Gypsum Company Inc. the name of the product and directions for its use 10 F. This product was a dry powder which when mixed with water formed a thick 11 paste Upon application it dried to a hard durable surface It was used to cover radiant 12 heating system ceiling surfaces 13 2. Radiant Heat Compound 14 A. The trade name of this product was Kaiser Gypsum Radiant Heat | 15 Compound 16 B. Kaiser Gypsum began manufacturing this product in 1968 at which time . 171 chrysotile asbestos was used as a component 18 C. Kaiser Gypsum last manufactured Radiant Heat Compound with chrysotile 19 asbestos as a component in 1974 when the product was discontinued 20 D. The Kaiser Gypsum California plant that made this product was located in 21 Santa Ana where it was manufactured from 22 1968 through 1974. Because of the heavy weight of the product the low profit margin 23 and high transportation costs distribution tended to center around the location of the 24 manufacturing plant The product consisted primarily of sand and white portland 25 cement The product included between 3.3 by weight and 3.6 by weight chrysotile 26 asbestos as a component 27 28 2 Nr * E. This product was a white to white powder It was packaged and sold in sacks of 60 lbs Each container was labeled with the name of the manufacturer Kaiser Gypsum Company Inc. the name of the product and directions for its use F. This product was a dry powder which when mixed with water formed a thick paste that was used to cover radiant heating cables stapled to ceiling surfaces 3. Radiant Heat Scrimless Surfacing Compound A. The trade name of this product was Kaiser Gypsum Radiant Heat Scrimless Surfacing Compound B. Kaiser Gypsum began manufacturing this product in California in 1972 at 10 which time chrysotile asbestos was used as a component 11 C. Kaiser Gypsum last manufactured Radiant Heat Scrimless Surfacing 12 Compound with chrysotile asbestos as a component in 1974 when the product was 13 discontinued 14 D. The Kaiser Gypsum California plant that made this product was located in 15 Santa Ana where it was manufactured from 1972. Because of the heavy weight of the 16 product the low profit margin and high transportation costs distribution tended to 17 center around the location of the manufacturing plant The product consisted primarily 18 of sand silica flour and mica The product included % by weight chrysotile asbestos 19 as a component 20 E. This product was a greenish powder was packaged and sold in sacks of 21 25 lbs and in sacks of 50 lbs Each container was labeled with the name of the 22 manufacturer Kaiser Gypsum Company Inc. the name of the product and directions 23 for its use 24 F. This product was a dry powder which when mixed with water formed a thick 25 paste that was used to cover radiant heating cables embedded in ceiling surfaces 26 27 Kaiser Gypsum's responses to interrogatory subparts G.-J. G.-J. applicable to all of 28 the three radiant heating system surfacing products discussed above are as follows G. Kaiser Gypsum is unsure as to the intended meaning of The U.S. Government's Qualified Products List but has no knowledge that any of its radiant heating system surfacing products ever appeared on sucha list H. Kaiser Gypsum is aware of the following suppliers of asbestos John K. Bice Harrison & Crosfield Carmonia Chemical Co. Western Chemical Co. Philip Carey Corp. Carey Canadian Asbestos 10 Manville 11 Union Carbide Corp. 12 E. S. Browning 13 Loomis Chemical Co. 14 Benson Chemical 15 Paul W. Wood Manville 16 Current addresses if any are not known to Kaiser Gypsum Most of the specific 17 time periods during which these firms supplied asbestos are unknown 18 1. 1 through 3 Kaiser Gypsum is not aware of ever selling such products to 19 shipyards power companies or refineries Kaiser Gypsum sold such products to non- 20 governmental customers in Northern California from approximately 1952 to 1976 21 These customers consisted largely of building contractors or building materials dealers 22 Kaiser Gypsum has some retained sales orders and sales invoices for some 23 years which identify the purchasers of Kaiser Gypsum products the dates of sale the 24 amount of each product sold and in some cases the sites to which the products were 25 to be delivered Sales orders and invoices are not organized by type of product and 26 often individual documents cover sales of multiple products Kaiser Gypsum will make 27 its retained sales records covering sales to customers in the Geographic Area available 28 for inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California J. Kaiser Gypsum will make responsive documents sufficient to substantiate the above information available for inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California Kaiser Gypsum regards and maintains its product formulas as confidential business information Incident to the sale of production facilities in which containing products were previously manufactured Kaiser Gypsum transferred its trade secrets intangible property rights and other confidential and proprietary business information 10 and assumed obligations to maintain their confidentiality Consistent with those 11 property rights and obligations Kaiser Gypsum is prepared to produce the formulas for 12 containing products marketed in the Geographic Area under a confidentiality 13 agreement 14 E. Gypsum Wallboard Accessories For 15 Exterior Use - Asbestos Used As A Component 16 Kaiser Gypsum experimented with gypsum wallboard products for use on the 17 exterior surfaces of buildings but those products proved unsuccessful Kaiser Gypsum 18 never discovered a way for them to be manufactured that would allow them to 19 effectively withstand the wide variety of weather and temperature conditions that 20 exterior products confront Those exterior gypsum products were marketed in several 21 test areas and as in the case of interior gypsum drywall products required the use of 22 materials to fill the spaces between pieces of gypsum wallboard and to provide a 23 decorative finish Kaiser Gypsum offered products for those purposes whose 24 components included small percentages of chrysotile asbestos These products were 25 1. Terior Premix Prefill Compound 26 2. Terior Premix Wall Texture Compound 27 Kaiser Gypsum's responses to interrogatory subparts a for each of these 28 products are as follows 1. Terior Premix Prefill Compound A. The trade name of this product was Kaiser Gypsum Terior Premix Prefill Compound C. Kaiser Gypsum began and ceased marketing this product during 1975 Chrysotile asbestos was used as a component for the brief period during which this product was manufactured D. The Kaiser Gypsum California plant that made this product was located at Antioch The product was marketed in a limited market area where exterior gypsum 1 wallboard was being sold on a test basis Kaiser Gypsum Terior Premix Prefill 10 Compound was made primarily of raw gypsum PVA emulsion and mica The product 11 included 1.5 by weight chrysotile asbestos as a component 12 E. This product was a white to white paste It was packaged and sold in 13 metal cans and plastic buckets of 60 lbs and in cartons of 48 and 60 lbs Each 14 container was labeled with the name of the manufacturer Kaiser Gypsum Company 15 Inc. the name of the product and directions for its use 16 F. This product was a paste that was used to pre joints in gypsum wallboard 17 installed on building exteriors 18 2. Terior Premix Wall Texture Compound 19 A. The trade name of this product was Kaiser Gypsum Terior Premix Wall 20 Texture Compound 21 B. C. Kaiser Gypsum began and ceased marketing this product during 1975 22 Chrysotile asbestos was used as a component for the brief period during which this 23 product was manufactured D. The Kaiser Gypsum California plant that made this product was located at 25 Antioch The product consisted primarily of limestone acrylic emulsion and mica The 261 product included 1.5 by weight chrysotile asbestos as a component 27 E. The product was a white to white paste It was packaged and sold in 58- 28 Ib metal cans plastic buckets and cartons Each container was labeled with the name KEN of the manufacturer Kaiser Gypsum Company Inc. the name of the product and directions for its use F. This product was a white to white paste that was used to provide surface texture to gypsum wallboard installed on building exteriors Kaiser Gypsum's responses to interrogatory subparts G.-J. applicable to the two exterior finishing products discussed above are as follows G. Kaiser Gypsum is unsure as to the intended meaning of The U.S. Government's Qualified Products List but has no knowledge that any of its exterior 10 finishing products ever appeared on sucha list 11 H. Kaiser Gypsum is aware of the following suppliers of chrysotile asbestos 12 John K. Bice 13 Harrison & Crosfield 14 Carmonia Chemical Co. 15 Western Chemical Co. 16 Philip Carey Corp. Carey Canadian Asbestos 17 Manville 18 Union Carbide Corp. 19 E. S. Browning 20 Loomis Chemical Co. 21 Benson Chemical 22 Paul W. Wood Manville 23 Current addresses if any are not known to Kaiser Gypsum Most of the specific time periods during which these firms supplied asbestos are unknown 25 I. 1 through 3 Kaiser Gypsum is not aware of ever selling these products to 26 shipyards power companies or refineries Kaiser Gypsum sold these products to non- 27 governmental customers in Northern California in 1975. These customers consisted 28 largely of building contractors or building materials dealers Kaiser Gypsum has some retained sales orders and sales invoices for some years which identify the purchasers of Kaiser Gypsum products the dates of sale the amount of each product sold and in some cases the sites to which the products were to be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of multiple products Kaiser Gypsum will make its retained sales records covering sales to customers in the Geographic Area available for inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California J. Kaiser Gypsum will make responsive documents sufficient to substantiate the 10 above information available for inspection upon reasonable notice at the offices of 11 Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California Kaiser 12 Gypsum regards and maintains its product formulas as confidential business 13 information Incident to the sale of production facilities in which containing 14 products were previously manufactured Kaiser Gypsum transferred its trade secrets 15 intangible property rights and other confidential and proprietary business information 16 and assumed obligations to maintain their confidentiality Consistent with those . 17 property rights and obligations Kaiser Gypsum is prepared to produce the formulas for 18 containing products marketed in the Geographic Area under a confidentiality 19 agreement 20 III Products Made At Kaiser Gypsum's Oregon Plant 21 From 1956 to 1978 Kaiser Gypsum owned and operated a plant located at St. 22 Helens Oregon whose basic capability was to make building construction products by 23 compressing wood fibers extracted from wood chips to make various types of sheets 24 and boards used in constructing buildings 25 A. Firtex Products - No Asbestos Used 26 The overwhelming majority of the products Kaiser Gypsum made at its Oregon 27 plant were sold with the trademark Firtex No product sold under this trade name ever 28 used asbestos as a component Firtex products included various types of materials 43 Fa& intended to provide insulation against outside temperatures or to dampen noise Such products included sheathing that was nailed to walls before outer layers of bricks or siding were installed They also included sheet products for insulating roofs They also included sound deadening board that was used in partitions to reduce the noise that could be heard from adjacent rooms Firtex products also included materials intended for use on ceilings One type was tiles that could be glued or tacked to ceilings to reduce noise Another group of such products was used in suspended ceilings Suspended ceilings are made by | hanging a wood or metal frame from the structural members of a ceiling and then laying 10 square or rectangular decorative and insulating pieces into the frame Those pieces 11 were termed lay boards Such suspended ceilings used a significant amount of the 12 room's vertical space and because that vertical space cost money to build suspended 13 ceilings were most commonly found in commercial buildings or office buildings which 14 typically had higher ceilings than houses during the 1956-1978 period when Kaiser 15 Gypsum made the products The Firtex line of products was quite successful and 16 Kaiser Gypsum sold them in great volume 17 B. Mineral Fiber Products 18 1. Kaiser Gypsum Ordinary And Hour Fire Rated 19 Mineral Fiberboard Products - No Asbestos Used 20 As high buildings became more common in California during the 1960's 21 building code authorities became increasingly concerned about the risks of fires in 22 those buildings and encouraged the development and use of products that were less 23 likely to burn Since its Firtex wood products would burn Kaiser Gypsum sought to develop other ceiling tile and lay board products that would be more resistant to 25 fire Kaiser Gypsum found that the manufacturing machinery at its St. Helens Oregon 26 plant could be used to make ceiling tiles and lay boards for suspended ceilings with 27 various types of mineral wool as the principal component instead of wood chips 28 Mineral wool is the name given to products made by heating various types of rock to extremely high temperature where they melt spinning them into threads and then letting them cool Mineral wool looks something like steel wool that is used for rubbing rust off of metal or used in certain kitchen scouring pads Mineral wool does resist fire and Kaiser Gypsum was successful in developing ceiling tiles and lay boards that resistance testing organizations certified as meeting the hour fire resistance classification Kaiser Gypsum marketed such Kaiser Gypsum mineral fiberboard products for many years Kaiser Gypsum never used asbestos as a component in any of its hour fire rated products 2 Hour Rated Mineral Fiberboard Underwriters 10 Laboratories Inc. Design - Asbestos Used As A Component Fire code officials came to insist that in some types of buildings ceiling tiles or . 11 12 suspended ceiling lay boards must be able to resist fire for at least 2 hours Kaiser 13 Gypsum attempted to qualify mineral fiberboard products manufactured at its St. unsuccessful 14 Helens Oregon plant under this standard but initial efforts proved 15 because under the fire heat of test conditions the square or rectangular mineral 16 fiberboard products would lose their shape in less than 2 hours creating cracks 17 between the pieces that would let the fire through causing the products to fail the test 18 Eventually Kaiser Gypsum discovered that if small amounts of asbestos were added 19 the mineral fiber ceiling tiles and lay boards could be made to hold their shape for 2 20 hours under the conditions of fire tests conducted by Underwriters Laboratories and 21 those versions of the products received the desired hour fire resistance classification .. 22 Kaiser Gypsum marketed the hour fire rated products called Underwriters 23 Laboratories Design for about a decade but the product was not very successful due 24 in part to its high cost 25 Kaiser Gypsum's responses to interrogatory subparts A.- J. for this minor product 26 are as follows 27 A. The trade name of this product a mineral fiber product was Kaiser Mineral 28 Fiberboard - U.L. Fire Rated Underwriters Laboratories Inc. Design The same product was cut into ceiling tiles and lay boards for use in suspended ceilings It was used for acoustical ceiling tile and suspended lay board in circumstances where a 2hour fire resistance classification was specified Both the ceiling tiles and the lay boards were sold under the trade name Kaiser Mineral Fiberboard Fire Rated Underwriters Laboratories Inc. Design B. Kaiser Gypsum began manufacturing Mineral Fiberboard Fire Rated with chrysotile asbestos as a component in 1963 C. Kaiser Gypsum last manufactured Mineral Fiberboard Fire Rated with chrysotile asbestos as a component in 1974 when the hour rated product was 10 discontinued 11 D. The plant that made this product was located at St. Helens Oregon This 12 product included 1.6 by weight chrysotile asbestos as a component 13 E. This product consisted of ceiling tiles and lay boards with face side white 14 or colored and with a perforated or fissured design for acoustical treatment The tiles 15 were 5/8 by 12 by 12 and the lay boards came in various sizes the most common 16 being 1/2 or 5/8 by 24 by 24 and 1/2 or 5/8 by 24 by 48. They were packaged 17 and sold in boxes of various quantities The boxes contained the name of the 18 manufacturer Kaiser Gypsum Company Inc. the name of the product and other 19 printed material Kaiser Gypsum's hour rated ceiling tiles and suspended ceiling 20 lay board products in which chrysotile asbestos was used as a component were 21 required to be specially marked because they looked similar to other Kaiser Gypsum mineral fiberboard ceiling tiles and lay boards that did not contain asbestos as a component and building inspectors wanted to be able to check to make sure that products with a hour fire resistance classification actually were being used by the building contractor when those had been specified It is believed that hour rated ceiling tile and suspended ceiling lay board was stamped on the back with either the initial KG or the word Kaiser Gypsum It is believed that this marking was employed . wd during the entire period that the hour rated products were manufactured by Kaiser Gypsum F. This product was used for acoustical ceiling tile and suspended lay board in circumstances where a hour fire resistance classification was specified G. Kaiser Gypsum is unsure as to the intended meaning of The U.S. Government's Qualified Products List but has no knowledge that any of its hour rated mineral fiberboard products ever appeared on such a list H. Kaiser Gypsum is aware of the following suppliers of asbestos John K. Bice 10 Harrison & Crosfield 11 Carmonia Chemical Co. 12 Western Chemical Co. 13 Philip Carey Corp. Carey Canadian Asbestos 14 Manville 15 Union Carbide Corp. 16 E. S. Browning 17 Loomis Chemical Co. 18 Benson Chemical 19 Paul W. Wood Manville 20 Current addresses if any are not known to Kaiser Gypsum Most of the specific 21 time periods during which these firms supplied asbestos are unknown 22 1. 1 through 3 Kaiser Gypsum is not aware of ever selling such products to 23 shipyards power companies or refineries Kaiser Gypsum sold such products to non24 governmental customers in California from approximately 1963 to 1974. These 25 customers consisted largely of building contractors or building materials dealers 26 Kaiser Gypsum has some retained sales orders and sales invoices for some 27 years which identify the purchasers of Kaiser Gypsum products the dates of sale the 28 amount of each product sold and in some cases the sites to which the products were to be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of multiple products Kaiser Gypsum will make its retained sales records covering sales to customers in the Geographic Area available for inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California J. Kaiser Gypsum will make responsive documents sufficient to substantiate the above information available for inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California Kaiser Gypsum regards and maintains its product formulas as confidential business 10 information Incident to the sale of production facilities in which containing 11 products were previously manufactured Kaiser Gypsum transferred its trade secrets 12 intangible property rights and other confidential and proprietary business information 13 and assumed obligations to maintain their confidentiality Consistent with those 14 property rights and obligations Kaiser Gypsum is prepared to produce the formulas for 15 containing products marketed in the Geographic Area under a confidentiality 16 agreement 17 IV 18 Types Of Products Kaiser Gypsum Never Made And Never Marketed 19 Kaiser Gypsum has never mined milled or marketed asbestos Kaiser Gypsum 20 never designed manufactured or marketed any product in which amosite crocidolite or 21 other amphibole forms of asbestos were used as a component Kaiser Gypsum never 22 designed manufactured or marketed floor tile pipe insulation or pipe covering 231 refractory products boiler insulation acoustical plaster or sprayed fireproofing or 24 sprayed thermal insulation products Kaiser Gypsum never designed manufactured or 25 marketed any sort of brake products It never designed manufactured or marketed 26 paper products textile products or roofing products in which asbestos was used as a 27 component Kaiser Gypsum never designed manufactured or marketed any products 28 Sg intended for use in ships or shipyards or any products intended for use in trains or other railroad equipment or railroad facilities V. Null Type Gypsum Wallboard - Alegdly Contaminated Vermiculite Ore This part of Kaiser Gypsum's response though not directly called for by the subject interrogatories is being made in light of earlier versions of Kaiser Gypsum's responses to standard interrogatories and evolving knowledge in the context of historical regulatory uncertainties and disputes about whether vermiculite ore used as a component in some Kaiser Gypsum Fire Type Gypsum Wallboard products 10 may have been contaminated in a way that caused certain workers to be exposed to 11 airborne asbestos Kaiser Gypsum's position is that no Kaiser Gypsum Fire 12 Type Gypsum Wallboard using vermiculite ore as a component could have been a 13 substantial contributing factor to any disease caused by exposure to airborne asbestos 14 fibers 15 As background in 1954 Kaiser Gypsum introduced Fire brand wallboard 16 a 5/8 thick gypsum wallboard that was approved by the Research Committee of the | 17 ! Pacific Coast Building Officials Conference and certified by the National Board of Fire 18 Underwriters for a hour fire rating This product was developed in response to the 19 appearance of California building code requirements that walls in several types of public 20 buildings must have such hour fire resistance The term hour fire rating meant 21 that when used as a wall surface the gypsum wallboard would resist the passage of 22 flame and heat for at least one hour The certified product had to be made in 23 accordance with Underwriters Laboratories Code No. 3543. Wallboard products that were fire rated were labeled as Type X to distinguish them from ordinary gypsum 25 wallboard products that had not passed rating tests 25 When introduced in 1954 the primary component of Kaiser Gypsum's Fire 27 wallboard was gypsum stucco which is the gypsum plaster that forms the greatest 28 percentage by weight of all gypsum wallboard Gypsum plaster including wallboard stucco does not burn and consequently all gypsum plaster and gypsum drywall construction poses less risk of fire than does wall construction featuring wood or plastic paneling However the ordinary 5/8 gypsum wallboard did not pass the hour fire test because the heat of the test caused the gypsum plaster to shrink and crack letting the fire through in less than an hour Kaiser Gypsum found that by adding small proportions of glass fiber and perlite a board could be constructed that would resist shrinking and cracking under the heat of the fire test for the required hour period Perlite is a very light substance white in color that looks like puffed breakfast cereal It is often used in soil for potted plants to help keep the soil from caking Perlite is made 10 by heating little pieces of volcanic glass to very high temperatures which causes them 11 to pop like popcorn 12 Kaiser Gypsum continued to market its Fire Type X gypsum wallboard 13 products that contained perlite for more than a decade following their introduction in 14 1954. However other manufacturers introduced rated wallboard products that used 15 vermiculite instead of perlite to provide added fire protection Vermiculite is a mica 16 mineral found in the ground in a number of places In the 1890's it was known by gold 17 prospectors as fool's gold because it sparkled in the sun like precious metal 18 Vermiculite does not weigh much makes it useful as a component of 19 construction materials and the melting point of vermiculite is about 2500 degrees 20 which makes it valuable as fireproofing 21 Vermiculite consists of many layers of thin plates that have small amounts of 22 water trapped in them When heated the water turns to steam causing these plates to 23 expand Such expanded vermiculite is used by nurseries everywhere to help hold air and moisture in plant soil so that young plants will grow faster and stronger 25 Until 1965 Kaiser Gypsum could not use vermiculite to provide fire protection in 26 gypsum wallboard because other companies had secured patents from the United 27 States government which gave them exclusive rights to use vermiculite in their gypsum 28 wallboard products In 1965 Kaiser Gypsum secured patent licenses from other companies which authorized Kaiser Gypsum to begin using vermiculite in its wallboard products to provide increased protection against fire Kaiser Gypsum then began to develop such wallboard products and to present them for testing Since vermiculite expands when it is heated vermiculite used in a wallboard tends to offset the shrinkage that occurs in gypsum when it is heated and thus vermiculite could serve to help a wallboard to hold its shape and provide the desired fire protection Because the capacity to expand was desired the Kaiser Gypsum products used as the ingredient vermiculite that had not previously been expanded This unexpanded vermiculite was referred to sometimes as vermiculite ore When testing and fire code authorities 10 recognized and certified these Kaiser Gypsum products as rated or qualified to be 11 marketed as Type X Kaiser Gypsum began marketing vermiculite gypsum 12 wallboard under its Null brand Kaiser Gypsum manufactured limited quantities of 13 1/2 Null Type X wallboard beginning in 1967 and began manufacturing 5/8 14 Fire Type X wallboard in 1969. It continued to market such products until it 15 disposed of the last of its gypsum business in April 1978. Like other wallboard 16 products those Fire wallboards consisted primarily of gypsum plaster The 17 formulas varied over the years but the vermiculite ore percentage did not exceed % by 18 weight of the products 19 Controversy concerning vermiculite reflects the regulatory proposals published 20 and regulations adopted by the U.S. Occupational Safety and Health Administration companies 21 OSHA and the responses of vermiculite to those government actions 22 OSHA is a U.S. government agency created by federal legislation in 1970 that adopts 23 and enforces workplace safety and health regulations OSHA has been politically controversial from the beginning California originally established a parallel state 25 program administered by its Division of Occupational Safety and Health but that 26 agency and program were terminated several years ago 27 The federal OSHA undertook to regulate exposure to asbestos in the 28 workplace as one of its first regulatory undertakings and OSHA adopted regulations on asbestos in 1972. See Kaiser Gypsum's response to Interrogatory No. 37 below Thereafter it undertook to enforce those regulations In due course it began to threaten manufacturers who used various substances other than asbestos with charges of violating the OSHA asbestos exposure regulations This triggered a lasting legal and scientific dispute concerning what minerals are asbestos for purposes of the OSHA regulations and what minerals should be regulated like asbestos even if they are not asbestos In that context vermiculite supplier W.R. Grace & Co. hereinafter Grace issued an Important Notice to Vermiculite Ore Processors dated March 17 1976 warning that employers of workers handling vermiculite ore should be aware of the OSHA regulations because OSHA was applying them to Grace vermiculite plants and 12 proposed to make the regulation of dust more strict under the regulations Grace stated 13 that the issues related to vermiculite reflected a tramp mineral found in vermiculite | 14 deposits named tremolite defined by OSHA as one of the asbestos family Disputes 15 over these OSHA proposals persisted for years Then on June 20 1986 OSHA 16 published in the Federal Register at 51 Fed Reg 22612 a Final Rule that defined 17 asbestos to include tremolite and applied asbestos exposure limits and warnings to 18 tremolite However shortly thereafter those regulations were stayed that is not 19 made effective by OSHA as to tremolite and several other minerals to prevent the 20 federal courts from deciding whether the regulatiwoenres arbitrary and capricious 21 See 51 Fed Reg 37002 Oct. 17 1986. The scientific and regulatory debate 22 continued for more years until OSHA published regulations in 1992 57 Fed Reg 23 24310 June 8 1992 declaring that some tremolite is platy or fibrous and platy tremolite would not be deemed to be asbestos 25 However OSHA found other tremolite was fibrous or asbestiform and that such 26 asbestiform tremolite would be regulated as asbestos OSHA further limited these 27 regulations by providing that even products with asbestiform tremolite would not be 28 subject to asbestos regulation if asbestiform tremolite is present in a product in concentrations less than 1.0 percent by weight Kaiser Gypsum admits that for a limited number of years some of its Fire products contained vermiculite but Kaiser Gypsum denies that these products contained asbestiform tremolite Kaiser Gypsum further contends that any attempt under state law to deem any products that have less than the amount that would subject them to federal regulation to be containing products would be preempted by federal law and the Supremacy Clause of the U.S. Constitution RESPONSE TO INTERROGATORY NO 32 10 Not applicable 11 RESPONSE TO INTERROGATORY NO 33 12 Not applicable 13 RESPONSE TO INTERROGATORY NO 34 14 Not applicable 15 RESPONSE TO INTERROGATORY NO 35 16 Kaiser Gypsum is unaware of entering into any such rebranding agreements | 17 RESPONSE TO INTERROGATORY NO 36 18 During 1952 Kaiser Gypsum purchased Joint Cement Cover texture paint 19 and Kaiser texture paint from Wesco Waterpaints Inc. then located in Berkeley 20 California that was packaged in Kaiser Gypsum's name It is unknown to Kaiser 21 Gypsum whether asbestos was used as a component of those products During 22 December 1953 Kaiser Gypsum entered into an agreement with Wesco Waterpaints 23 Inc. then located in Berkeley California to purchase joint cement topping compound and texture paint packaged in Kaiser Gypsum's name for a period of 90 days is 25 unknown to Kaiser Gypsum whether any purchases were made pursuant to this 26 agreement or whether any products purchased had asbestos as a component In an 27 abundance of caution Kaiser Gypsum is providing the information it has obtained from 28 its records Kaiser Gypsum has no information demonstrating that any product obtained from Wesco Waterpaints Inc. was an containing product Kaiser Gypsum knows of no other agreement entered by it that provided for rebranding any product of another company's which may have been an containing product in Kaiser Gypsum's name for sale in California RESPONSE TO INTERROGATORY INTERROGA NTOOR 3Y 7 Yes as to products marketed in 1972 or thereafter A. Beginning in 1972 in response to regulations adopted by the U.S. Occupational Safety and Health Administration see 37 Fed Reg 11318 June 7 10 1972 Kaiser Gypsum affixed caution labels to the packages and containers of its 11 containing products The OSHA regulations requiring this label were made 12 subject to the limitation that no label is required where asbestos fibers have been 13 modified by a bonding agent coating binder or other material so that during any 14 reasonably foreseeable use handling storage disposal processing or transportation 15 no airborne concentrations of asbestos in excess of the exposure limits prescribed in 16 paragraph B. of this section will be released In light of existing ambiguities as to 17 what tests OSHA would recognize as adequate to demonstrate a product's falling within 18 this exception Kaiser Gypsum applied the caution label to all its manufactured 19 products in which chrysotile asbestos was used as a component 20 Initially the labels were four inches by eight inches in size and had yellow 21 backgrounds with red letters They were affixed to the bag or container of the product 22 by adhesive in a prominent place Later as new bags and containers were purchased 23 the labels were printed onto the side of the bag or container and are believed to have 24 been the same color or colors as the container or the printing thereon The warning 25 label as prescribed by OSHA read 26 CAUTION contains asbestos fibers avoid creating dust 2.7 breathing asbestos dust may cause serious bodily harm 28 ry Additionally Kaiser Gypsum Technical Bulletins 5703 dated October 1973 and 5707 dated October 1973 and November 1976 prescribed the use of respirators during spray application B. Yes C. Beginning in 1972 exact date unknown D. This caution label remained the same during the remaining time the products upon which it was used continued to use asbestos as a component E. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon California 10 RESPONSE TO INTERROGATORY NO 38 11 Most of Kaiser Gypsum's products were sold in the form of a powder or paste 12 | 13 therefore the name of the company was on the packaging of the product However Kaiser Gypsum's hour rated ceiling tiles and suspended ceiling lay board 14 products in which asbestos was used as a component were specially marked because 15 they looked similar to other Kaiser Gypsum mineral fiberboard ceiling tiles and lay 16 boards that did not contain asbestos as a component and building inspectors wanted 17 to be able to check to make sure that hour rated products actually were being 18 used by the building contractor when those had specified It is believed that each 19 piece of hour rated ceiling tile and suspended ceiling lay board was stamped 20 on the back with either the initial KG or the word Kaiser Gypsum Such marking was 21 employed during the entire period that the hour rated products were 22 manufactured by Kaiser Gypsum 23 RESPONSE TO INTERROGATORY NO 39 24 Kaiser Gypsum has no knowledge that it ever purchased or otherwise acquired 25 an containing product line from another person or entity 25 RESPONSE TO INTERROGATORY NO 40 27 Kaiser Gypsum has no knowledge that it ever sold an containing 28 product line to another person or entity RESPONSE TO INTERROGATORY 41 C Kaiser Gypsum has retained a number of brochures pamphlets catalogs and other product information documents Many of these documents discuss both containing products and other products and many of the documents are similar For these reasons rather than attempting to identify each individual document Kaiser Gypsum will make representative documents available for inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush Street 6th floor San Francisco California D. To provide potential users of such products with information about the 10 products 11 E. Some of these documents still exist 12 F. See response C. 13 G. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon 14 California 15 RESPONSE TO INTERROGATORY NO 42 16 The interrogatories define contract unit to mean a branch or division of a 17 defendant which has been or is now engaged in installation and removal of raw 18 asbestos fibers and containing products Kaiser Gypsum never has had a 19 such unit 20 RESPONSE TO INTERROGATORY NO 43 21 Not applicable 22 RESPONSE TO INTERROGATORY NO 44 23 In the mid to late 1960's Kaiser Gypsum became generally aware from media industry and governmental publications of allegations that inhalation of asbestos fibers 25 could have potential health consequences 26 RESPONSE TO INTERROGATORY NO 45 27 See response to Interrogatory No. 44 28 RESPONSE TO INTERROGATORY NO 46 o eeSa t Nig bs Sa? y + Kaiser Gypsum will make documents containing the information requested available for inspection upon reasonable notice at the offices of Dillingham & Murphy 225 Bush Street 6th Floor San Francisco California RESPONSE TO INTERROGATORY NO 47 Beginning in the mid 1960's Kaiser Gypsum warned its employees concerning the hazards of inhaling asbestos dust or fiber and its employees were given additional instructions regarding the wearing of protective clothing use of respirators and other methods of avoiding or limiting inhalation of asbestos A. Memoranda distributed to safety supervisors advised the use of approved 10 respirators during exposure to asbestos dust 11 B. Yes 12 C. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon 13 California 14 D. See response to subpart A. 15 RESPONSE TO INTERROGATORY NO 48 16 Kaiser Gypsum has no knowledge that it ever issued such a policy 17 RESPONSE TO INTERROGATORY NO 49 18 Yes See responses to Interrogatory Nos 37 and 47 19 RESPONSE TO INTERROGATORY NO 50 20 Yes 21 A. 29 CFR 1910.93 22 B. November 2 1973 A. 23 OSHA 24 Unknown 25 E. Kaiser Gypsum believes the conditions alleged to be violations were 26 changed in a manner satisfactory to OSHA 27 RESPONSE TO INTERROGATORY NO 51 28 Not applicable RESPONSE TO INTEROGATRY . 52 Not applicable RESPONSE TO INTERROGATORY . 53 Yes A. Kaiser Gypsum shipped containing products through ports located in the Geographic Area B D Kaiser Gypsum sales orders and sales invoices show that asbestos- containing products were shipped through the following berths located in the Geographic Area during the years 1968 through 1975 Matson Contract Yard Matson 10 Lines Dock Matson Lines Berth 208 Matson Peters Delta Terminal 11 Richmond Berth 154 Terminal 1 Berth 3 Encinal Terminal San Francisco 9th 12 Avenue Pier Oakland and Berth 0 7th Street Oakland 13 7/2/97 7/22/97 14 DATE 7/22/97 15 7/22/97 DILLINGHAM & MURPHY 16 17 18 19 20 21 kginterg.ca3 PATRICK J. MAGAN ESQ E. JANE WELLS ESQ Attorneys for Defendant Kaiser Gypsum Company Inc. 22 23 24 25 26 27 28 a al? # y VERIFICATION , the undersigned say I have read the foregoing document to the extent that the information set forth in the foregoing document is personally known to me the information is true and correct to the best of my knowledge to the extent that the information set forth in the foregoing document is not known to me but is required by law to be provided in said responses I believe the responses to be correct to the extent that the responses state legal objections the responses have been prepared by my attorneys based on their 10 work product and other information known to them and are not within my personal 11 knowledge 12 13 I declare under penalty of perjury under the laws of the State of California 14 that the foregoing is true and correct 15 16 17 California Executed this 24 day of we y) y) , 1997 at San Ramon 18 19 Jornal 20 R 44 21 JOSEPH R. 44 22 23 24 25 26 27 28 IN RE SAN FRANCISCO COUNTY COMPLEX ASBESTOS LITIGATION Superior Court Action No 828684 for DEFENDANT KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO ALL DEFENDANTS PROOF PROOF SERVICE BY 1013a 2015.5 , the undersigned declare That I am employed in the City of San Francisco County of San Francisco State of California that I am over the age of eighteen years and not a party to the within cause that my business address is 225 Bush Street 6th Floor San Francisco California 94104-4207 That on today's date I served the attached KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO DEFENDANTS 10 on the parties in said cause by placing a true copy of each document enclosed in a 11 sealed envelope with postage thereon fully prepaid in the United States mail at San 12 Francisco California addressed as follows 13 See Attached List 14 15 I declare under penalty of perjury under the laws of the State of California 16 that the foregoing is true and correct 17 18 Dated July 22 1997 19 lb. Bieves Bieves KATHY 1.RIEVES 20 21 22 23 24 25 26 "Beco 27 28