Document a1L495a5prpKqQXNn6Qzd7MXe

' 'FUUNTOEsMII V'* CT-73' ' :-!.i RECEIVED AUG * J983 1 DAVID P. FREITAS, ESQ. NEIL J. MORAN, ESQ. 2 freitas, McCarthy, bettini, MacMAHON, FREITAS & LEMON 3 960 Fifth Avenue San Rafael, CA 94901 4 Telephone:(415) 456-7500 001988 5 Attorneys for Defendant CERTAINTEED CORPORATION 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF ALAMEDA 9 10 IN RE: SHIPYARD AND APPLICATOR ASBESTOS CASES (KAZAN AND 11 KILBOURNE) CONSOLIDATED FOR DISCOVERY 12 13 ) NO. 537 868-7 ) ) AMENDED ANSWERS ) TO INTERROGATORIES ) ) 14 COMES NOW defendant CERTAIN-TEED CORPORATION, and responds to the 15 interrogatories propounded by plaintiffs as follows: 16 ANSWER TO INTERROGATORY NO. 1: 17 Curtis M. Pontz Senior Counsel and Assistant Secretary 18 CertainTeed Corporation P.O. Box 860 19 Valley Forge, PA 19482 20 Charles H. Striegel General Purchasing Agent 21 Pipe Group CertainTeed Corporation 22 P.O. Box 860 Valley Forge, PA 19482 23 James R. Alley, Jr. 24 A/C Marketing Specification Engineer Pipe Group 25 CertainTeed Corporation P.O. Box 860 26 Valley Forge, PA 19482 -1- 1 Philip J. Croul Director of Graphic Arts 2 Pipe Group CertainTeed Corporation 3 P.O. Box 860 Valley Forge, PA 19482 4 ANSWER TQ INTERROGATORY NO. 2; 5 ^a5 CertainTeed Corporation (b) 6 (c) Maryland P.O. Box 860, Valley Forge, PA 19482 (d) Yes 7 (e) Publicly held. 8 ANSWER TO INTERROGATORY NO. 3: Certain-teed Products Corporation (1904-1976). 9 ANSWER TO INTERROGATORY NO. 4: This interrogatory is objected to as improper on 10 the basis that it is overly broad, unduly burdensome, and not reasonably calculated to lead 11 to the discovery of admissible evidence, and it is objected to more particularly because it 12 is not limited to products used at the facility or facilities where the plamtiff(s) alleges 13 exposure, and because it is not limited in time to the period of the alleged exposure of the 14 plaintiff{s). 15 ANSWER TO INTERROGATORY NO. 5: This interrogatory is objected to as improper on 16 the basis that it is overly broad, unduly burdensome, and not reasonably calculated to lead 17 to the discovery of admissible evidence, and it is objected to more particularly because it i i 18 is not limited to products used at the facility or facilities where the plaintiff(s) alleges 19 exposure, and because it is not limited in time to the period of the alleged exposure of the 21) plaintiff(s). Without waiving the foregoing objections and subject thereto, CertainTeed did 21 purchase the asbestos-cement pipe assets of Keasbey 6c Mattison Company (hereinafter "K 22 6c M") on June 1, 1962. K Sc M had manufactured and sold nationally asbestos-cement pipe 23 since 1938. K 6c M also produced a variety of asbestos-bearing insulation products. 24 However, the purchase by CertainTeed of K & M assets was limited solely to the four 25 asbestos-cement pipe plants of K 6c M and all machinery, fixtures, tools, supplies, etc., 26 which related to and had been used by K 6c M exclusively in the making of asbestos-cement -2- 1 pipe. Additional K & M assets, and in particular, the assets of K & M which had been used 2 to manufacture insulation materials, were purchased by others. At the time of the 3 purchase of the K Sc M pipe assets, there was no general assumption of liability by 4 CertainTeed, nor did CertainTeed specifically assume liability for claims growing out of 5 the sale of any K & M products manufactured prior to the date of purchase of K & M's pipe 6 assets. 7 On July 1, 1966, CertainTeed acquired, through merger, the Gustin-Bacon 8 Manufacturing Company (hereinafter "Gustin-Bacon"). Gustin-Bacon had been in the 9 business of manufacturing and selling fibrous glass insulating products. Gustin-Bacon did 10 not manufacture any asbestos-bearing products. It did assemble two special insulation 11 products faced or jacketed with asbestos-bearing material for the railroad car industry, 12 one from 1945 to 1947, and the other from 1945 to 1966 (in the case of the latter product, 13 CertainTeed continued to assemble said product through 1970). From 1945 to 1947, 14 Gustin-Bacon attached purchased reinforced asbestos paper as a facing to its fibrous glass 15 blanket insulation for use in insulating the ceilings, walls, and floors of railroad passenger 16 cars. In addition, from 1945 to 1966 (and CertainTeed through 1970), Gustin-Bacon 17 attached purchased neoprene-coated asbestos cloth as a jacketing for its fibrous glass pipe 18 insulation which was used to insulate railway passenger car steam lines. 19 These two insulation products faced or jacketed with asbestos-bearing material had 20 no applicability to any type of railroad car except passenger ears. Both products were 21 assembled solely for passenger car application. Both products were promoted solely for 22 use in passenger cars. Neither product was ever sold through distributors, but rather were 23 both sold directly to railroad companies and railroad car builders solely for use on 24 passenger cars. 25 Aside from the two aforementioned exceptions, which were assembled for limited 26 use within the railroad industry, Gustin-Bacon never manufactured or assembled any -3- 1 insulating materials other than fibrous glass insulating products, and never incorporated 2 asbestos into any glass fiber component to form any insulation product. 3 The remainder of these interrogatories are objected to, insofar as they may relate 4 to the aforementioned insulation products, on the ground that they are not reasonably 5 calculated to lead to the discovery of admissible evidence. 6 ANSWER TO INTERROGATORY NO. 6: No. 7 ANSWER TO INTERROGATORY NO. 7; This defendant will produce whatever relevant 8 organizational charts it has in its possession without a request to produce. 9 ANSWER TO INTERROGATORY NO. 8: 10 (a) Corporate records are currently located at CertainTeed's executive offices in 11 Valley Forge, PA. 12 (b) T. A. Decker, Secretary, CertainTeed Corporation, P.O. Box 860, Valley Forge, 13 PA 19482. 14 (c) No. 15 ANSWER TO INTERROGATORY NO. 9; $327,456,000. 16 ANSWER TO INTERROGATORY NO. 10: See objections raised in answer to Interrogatory 17 4. Without waiving said objections and subject thereto, CertainTeed has, since 1962, 18 imported asbestos fiber for incorpoation into asbestos-cement pipe and has mixed said 19 fiber with other ingredients to form asbestos-cement pipe. CertainTeed also made two 20 isolated sales in 1964 of small quantities of fiber to a Johns-Manville facility located in 21 Manville, N.J. 22 ANSWER TO INTERROGATORY NO. 11; See objections raised in answer to Interrogatory 23 4. Without waiving said objections and subject thereto, CertainTeed, since June 1, 1962, 24 has manufactured, supplied, distributed, marketed and sold asbestos-cement pipe, in which 25 the asbestos fiber is "bound-in" by a combination of cement, silica, and water through an 26 autoclave (high pressure steam atmosphere) curing process. The asbestos-cement pipe -4- 1 manufactured by CertainTeed, which is sold for use in the underground transmission of 2 water and sewage, contains the following amounts of asbestos by weight: 3 pressure pipe (15-20% asbestos content); 4 0 sewer pipe (10-15% asbestos content); 5 0 irrigation pipe (11-20% asbestos content); 6 CertainTeed has on occasion imported asbestos-cement pipe, but none of such pipe 7 has, to the best of our knowledge, been sold in California. 8 ANSWER TO INTERROGATORY NO, 12: This interrogatory is objected to for the reasons 9 set forth in Answer to Interrogatory 4. Without waiving said objections and subject 10 thereto, CertainTeed states as follows: 11 (a) The asbestos-bearing pipe manufactured by CertainTeed since 1962 has been known 12 as CertainTeed asbestos-cement pipe. Some of said pipe could have been 13 designated as Fluid-Tite pipe. 14 (b) CertainTeed first marketed asbestos-cement pipe following its purchase of the 15 asbestos-cement pipe assets of Keasbey & Mattison Company on June 1, 1962. 16 (c) Asbestos-cement pipe is still made and sold by CertainTeed. 17 (d) See Answer to Interrogatory 11. In addition, of the total asbestos content of 18 asbestos-cement pipe manufactured by CertainTeed, anywhere from 0% to 24% has 19 been crocidolite (blue) fiber by weight, with the remaining fiber being chrysotile 20 (white), depending on the type of pipe. 21 (e) Asbestos-cement pipe is cylindrical in shape, cement gray in color, with a smooth 22 interior, relatively rough textured exterior, with ends machined to given 23 dimensions. Pipe lengths are connected with an asbestos-cement coupling with two 24 rubber rings contained in machined grooves. 25 Sewer pipe contains black lettering, including the name "CertainTeed." Pressure 26 pipe contains either black or orange lettering, including the name "CertainTeed." Irrigation pipe has black lettering, including the name "CertainTeed." -5- 1 (f) 2 3 (g) 4 (h) 5 6 7 (i) 8 9 10 11 (j) 12 (k) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 See Answer to Interrogatory 11. The maximum temperature limit for any use of asbestos-cement pipe is 200F. See Answer to Interrogatory 11. From June 1, 1962, through May 1976, the manufacturer of asbestos-cement pipe was Certain-teed Products Corporation. In May 1976, the name of the company was changed to CertainTeed Corporation. Asbestos-cement pipe manufactured by Certain-teed has had diameters ranging from 3" through 24". Standard length of pipe is 13 feet. Special lengths are available in 3 ft. 3 in. and 6 ft. 6 in. sizes. Weight is dependent on length and class of pipe. Not applicalbe. Crocidolite (blue) Turners Asbestos Fibre Ltd. Faulkner House, Faulkner St. Manchester 1, England ... Central Asbestos Company, Inc. Central House, Thomas Road London E14 7BQ England Brakegate Ltd. 6 Broad Street Place London ECZM 7ND England Associate Minerals Corp. A.C. Stadtle 36, P.O. Box 685 FL 9490, Vaduz, Liechtenstein Chrysotile (white) Cassiar Resources 2000-1055 W. Hastings St. Vancouver, BC, Canada VGE 3V3 Calaveras Asbestos Ltd. Box 127 Copperopolis, CA 95228 Bell Asbestos Mines Ltd. P.O. Box 99 Thetford Mines, Canada G6G 4S4 Rhodesian & Gen. Asbestos Corp. 75 Main Street Bulawayo, Rhodesia Huxley Development Corporation 1133 Avenue of the Americas New York, NY 10036 Johns Manville Sales Corp. 600 Sylvan Avenue Englewood Cliffs, NJ 07632 Asbestos Corporation Ltd. 1940 Sun Life Building 1155 Metcalfe Street Montreal, Quebec, Canada H38 2X6 -6- 1 (l) This interrogatory is objected to for the reasons set forth in Answer to 2 Interrogatory 4. However, without waiving said objections and subject thereto, 3 asbestos-cement pipe has never been sold to shipyards in connection with the 4 construction or repair of ships, nor to refineries in connection with the transmission 5 fuels. Those records of sales of asbestos-cement pipe which are in the custody of 6 CertainTeed are maintained at the offices of CertainTeed's Pipe Group in Valley 7 Forge, PA. 8 (m) No. 9 (n) This interrogatory is objected to for the reasons set forth in Answer to 10 Interrogatory 4. However, without waiving said objections and subject thereto, 11 asbestos-cement pipe made by CertainTeed has been marketed and/or sold in 12 California by companies other than CertainTeed. 13 (o) Asbestos-cement pipe has never ceased to contain asbestos. 14 (p) Relevant records pertaining to asbestos-cement pipe which are in the custody of 15 CertainTeed are maintained at the offices of CertainTeed's Pipe Group in Valley 16 Forge, PA. 27 ANSWER TO INTERROGATORY NO. 13: This interrogatory is objected to for the reasons 18 set forth in Answer to Interrogatory 4. 19 ANSWER TO INTERROGATORY NO. 14: This interrogatory is objected to for the reasons 20 set forth in Answer to Interrogatory 4. However, without waiving said objections and 21 subject thereto, CertainTeed maintains computerized records, at the offices of its Pipe 22 Group in Valley Forge, PA, of sales of asbestos-cement pipe from 1973 to the present 23 (invoices of sales for the period 1967 through 1972 are maintained on microfilm, but are 24 filed only by invoice number by year). 25 ANSWER TO INTERROGATORY NO. 15; CertainTeed has no knowledge as to the business 26 activities of the defendants listed in Exhibit A regarding sale or supply of asbestos fiber. -7- ANSWER TO INTERROGATORY NO. 16: CertainTeed has no knowledge as to the business activities of the defendant listed in Exhibit A regarding sale or supply of asbestos products. ANSWER TO INTERROGATORY NO. 17: This interrogatory is objected to for the reasons 5 set forth in Answer to Interrogatory 4. However, without waiving said objections and 6 subject thereto, CertainTeed never entered into any such agreements in connection with 7 asbestos-cement pipe. | 8 ANSWER TO INTERROGATORY NO. 18: See Answer to Interrogatory 17. 9 ANSWER TO INTERROGATORY NO, 19; This interrogatory is objected to for the reasons 10 set forth in Answer to Interrogatory 4. However, without waiving said objections and j 11 subject thereto, CertainTeed first purchased asbestos fiber for incorporation into 12 asbestos-cement pipe subsequent to June 1, 1962. 13 ANSWER TO INTERROGATORY NO. 20: This interrogatory is objected to for the reasons 14 set forth in Answer to Interrogatory 4. However, without waiving said objections and 15 subject thereto, CertainTeed does not believe it ever purchased asbestos-cement pipe with 16 the purpose of reselling it in California under the CertainTeed name. 17 ANSWER TO INTERROGATORY NO. 21; This interrogatory is objected to for the reasons 18 set forth in Answer to Interrogatory 4, However, without waiving said objections and 19 subject thereto, CertainTeed answers as follows: 20 (a) GSA - PNDS Baton Rouge Depot, Baton Rouge, LA 21 (b) Grade "S" Crocidolite 22 (c) In 1972 two purchases were made, each involving a 40 ton experimental shipment, j 23 one shipment being sent to each of the two CertainTeed plants located in California ! 24 25 (d) 26 (e) where asbestos-cement pipe was manufactured. Jute bags Unknown whether health warnings accompanied the two subject shipments. -8- ANSWER TO INTERROGATORY NO. 22: Asbestos-cement pipe has been sold by CertainTeed by banding the pipe together on pallets or in units. ANSWER TO INTERROGATORY NO. 23; Not applicable as to asbestos-cement pipe since no packaging or containers have been used. ANSWER TO INTERROGATORY NO. 24: This interrogatory is objected to for the reasons set forth in Answer to Interrogatory 4. However, without waiving said objections and subject thereto, the following is supplied regarding asbestos-cement pipe: (a) The warning, printed on a label, states, "CAUTION: Always use recommended work practices. Do not use abrasive disc saws. When cutting, machining, and tapping, refer to Recommended Work Practice Guides furnished by manufacturer to your 11 employer." Said warning label is placed on the unmachined portion of pipe (quarter 12 lengths and larger) at or near the end of the pipe, is 2-7/8" x 3", black print over 13 white background. Sample label is available. 14 (b) The warning label was first placed on asbestos-cement pipe by CertainTeed in 1979. 15 (c) Data became available indicating that field-machining of asbestos-cement pipe 16 using abrasive disc saws could result in dust levels in excess of those permitted by 17 pertinent regulation. 18 (d) None. 19 (e) Curtis M. Pontz, Senior Counsel, CertainTeed Corporation; Lloyd C. Ambler, 20 Senior Vice President, Pipe Group, CertainTeed Corporation; Jay F. Baker, Vice 21 President, Pipe Group, CertainTeed Corporation; John G. Kelso, formerly 22 President, Pipe Group, CertainTeed Corporation. 23 ANSWER TO INTERROGATORY NO. 25: See objections raised in Answer to Interrogatory 24 4. However, without waiving said objections and subject thereto, CertainTeed distributes 25 a booklet entitled "Recommended Work Practices for A/C Pipe" published by the A/C Pipe 26 Producers Association. -9- 1 (a) The entire booklet is intended to warn about proper pipe machining techniques. 2 (b) 4-3/4" x 8" booklet on gray stock. 3 (c) Booklet was and is incorporated into CertainTeed's Installation Guide for Fluid-Tite 4 Asbestos-Cement Pressure Pipe. CertainTeed's sales force has also been provided 5 with copies of the booklet for distribution to engineers and contractors. 6 (d) Late 1977 to present. 7 (e) CertainTeed became aware that field-machining of asbestos-cement pipe using 0z1u-it 8 abrasive disc saws could result in dust levels in excess of those permitted by in 9 pertinent regulation. *<u 10 (f) Unknown. 9 6 0 FIFTH AVENUE SAN R AFAEL, CALIFO RNIA 0 4 9 0 1 TELEPH O N E 4B 6-7B O O A R E A CODE 4 T3 11 (g) Philip J. Croul 12 Director of Graphic Arts Pipe Group 13 CertainTeed Corporation 14 In addition, CertainTeed has printed a warning in certain of its brochures as 15 follows: uz<y 16 1. CertainTeed Installation Guide Asbestos-Cement Fluid-Tite Non-Pressure Sewer 17 Pipe (Code No. 40-31-06) ih<n 18 CUT b. 19 (a) On page 21, it is stated, "CAUTION - Asbestos cement pipe contains asbestos fibers. Do not cut or machine without protection. Breathing 20 asbestos dust may cause serious bodily harm." Warning is in black print on 21 white background, approximately 1" x 6". 22 (b) 5-1/2" x 8-1/2" brochure. 23 (c) CertainTeed's sales force distributes brochure to engineers and contractors. 24 (d) Early 1980 to present. 25 (e) See answer (e) above. 26 (f) Curtis M. Pontz, Lloyd C. Ambler, and Jay F. Baker (see Answer to -10- 1 2 3 2. 4 5 6 7 8 9 10 11 12 13 3. 14 15 16 17 18 19 20 21 22 23 24 25 26 Interrogatory 24(e)). (g) See answer (g) above. Installation Guide Fluid-Tite Pressure Pipe (Code No. 40-21-07) (a) On inside front cover and on page 31, it is stated as cited in answer (a) above. Warning is in black print on white background, approximately 2" x 3" on inside front cover and ln x 2" on page 31. (b) 8-1/2" x 11" brochure. (c) See answer (c) above. (d) Early 1977 to present. (e) See answer (e) above. (f) See answer (f) above. (g) See answer (g) above. A/C Pressure Installation Guide - Distribution and Fluid Transmission Piping Systems (Code No. 40-23-07) (a) On page 9 it is stated, "CAUTION - Asbestos cement pipe contains asbestos fibers. Do not cut or machine without protection. Breathing asbestos dust may cause serious bodily harm. Refer to 'Recommended Work Practices for A/C Pipe.'" Pages 39-47 are a reproduction of the booklet entitled "Recommended Work Practices for A/C Pipe" published by the A/C Pipe Producers Association. Warning on page 9 is in black print on white background, approximately 1" x 3". (b) 8-1/2" x 11" brochure. (c) See answer (c) to part 1 above. (d) March 1982 to the present. (e) See answer (e) to part 1 above. (f) See answer (f) to part 1 above. -II- 1 (g) See answer (g) to part 1 above. 2 ANSWER TO INTERROGATORY HO. 26: Not applicable. 3 ANSWER TO INTERROGATORY N0.27: See Answer to Interrogatory 12(e). In addition, 4 asbestos-cement pipe manufactured by CertainTeed has contained the trademark "Fluid- 5 Tite." 6 ANSWER TO INTERROGATORY N0.28; See Answers to Interrogatories 24 and 25. 7 ANSWER TO INTERROGATORY NO. 29; See objections raised in Answer to Interrogatory 8 4. Without waiving said objections and subject thereto, CertainTeed has prepared the 9 following such materials in connection with asbestos-cement pipe: 10 1. CertainTeed Installation Guide Asbestos Cement Fluid-Tite Non-Pressure Sewer II Pipe (Code No. 40-31-06) 12 (a) Dr. Morris Cohen (deceased) Research Specialist 13 Cal Affleck (deceased) .. . Advertising Manager, Pipe Group 14 Arthur W. Hunt Director of Communications, Pipe Group 15 (no longer employed by CertainTeed) 16 17 18 19 20 21 2. 22 23 (b) Philip J. Croul Director of Graphic Arts Pipe Group CertainTeed Corporation (c) CertainTeed's sales force distributes brochure to engineers and contractors. (d) None. (e) All facets of handling and installing product. Installation Guide Fluid-Tite Pressure Pipe (Code No. 40-21-07) (a) Cal Affleck (deceased) Advertising Manager, Pipe Group 24 (b) See answer (b) to part 1. 25 (c) See answer (c) to part 1. 26 (d) None. -12- I (e) See answer (e) to part 1. 2 3. A/C Pressure Installation Guide - Distribution and Fluid Transmission Piping 3 Systems (Code No. 40-23-07) 4 (a) Arthur W. Hunt. Director of Communications, Pipe Group 5 (no longer employed by CertainTeed) 6 (b) See answer (b) to part 1. 7 (c) See answer (c) to part 1. 8 (d) None. 9 (e) See answer (e) to part 1. 10 ANSWER TO INTERROGATORY NO. 30: No attempt was ever made to recall asbestos- 11 cement pipe which had been sold by CertainTeed without such labels. 12 ANSWER TO INTERROGATORY NO. 31; See persons cited in Answer to Interrogatory 24. 13 ANSWER TO INTERROGATORY NO. 32: See objections raised in Answer to Interrogatory 14 4. Without waiving said objections and subject thereto, CertainTeed has prepared sales 15 materials in connection with asbestos-cement pipe. 16 (a) 17 18 19 (b) 20 of: Cal Affleck (deceased) Advertising Manager, Pipe Group Arthur W. Hunt Director of Communications, Pipe Group (no longer employed by CertainTeed) Those sales materials presently in the possession of CertainTeed are in the custody 21 Philip J. Croul Director of Graphic Arts, Pipe Group 22 CertainTeed Corporation 23 (c) At various dates between June 1, 1962 and the present. 24 (d) 25 (e) 26 See (c) above. Sales materials. -13- (f) Said sales materials have generally been furnished to engineers, contractors, distributors, municipalities, and various other categories of customers and potential customers through the CertainTeed sales force and by direct mail. ANSWER TO INTERROGATORY NO. 33: None in connection with persons who have sued CertainTeed alleging illness or injury caused by exposure to asbestos-cement pipe. ANSWER TO INTERROGATORY NO. 34; No. ANSWER TO INTERROGATORY NO. 35: CertainTeed belonged to the Asbestos Information Association since its formation in 1971 through 1982, and has belonged to the Association of Asbestos Cement Pipe Producers since its formation in 1973. The ] remainder of this interrogatory is objected to on the ground that it is calculated to annoy j 11 and oppress this answering party and cause it to incur undue and unreasonable effort and 12 expense. 13 ANSWER TO INTERROGATORY NO. 36; No. ..... 14 ANSWER TO INTERROGATORY NO. 37: CertainTeed has been a member of NIMA since 15 1967. The remainder of this interrogatory is objected to on the ground that it is 16 calculated to annoy and oppress this answering party and cause it to incur undue and 17 unreasonable effort and expense. 18 ANSWER TO INTERROGATORY NO. 38: No. 19 ANSWER TO INTERROGATORY NO. 39: CertainTeed has been a member of the ! 20 Industrial Health Foundation since 1968. The remainder of this interrogatory is objected j 21 to on the ground that it is calculated to annoy and oppress this answering party and cause 22 it to incur undue and unreasonable effort and expense. 23 ANSWER TO INTERROGATORY NO. 40: Asbestos-cement pipe has generally been 24 transported by CertainTeed to the San Francisco Bay Area by truck since 1962. 25 ANSWER TO INTERROGATORY NO. 41: This interrogatory is objected to for the reasons 26 set forth in Answer to Interrogatory 4. Without waiving said objections and subject -14- thereto, see Answer to Interrogatory 32. ANSWER TO INTERROGATORY NO. 42: This Interrogatory is objected to for the reasons set forth in Answer to Interrogatory 4. ANSWER TO INTERROGATORY NO. 43? See Answer to Interrogatory 5. Dated: June 13, 1983 freitas, McCarthy, bettini, MacMAHON, FREITAS & LEMON 14 15 16 17 18 19 20 21 22 23 24 25 26 -15- VERIFICATION I, the undersigned, declare: 4 I am Senior Counsel and Assistant Secretary of 5 CERTAINTEED CORPORATION, a defendant in the above entitled matter; 6 that I have been authorized to make this verification on its 7 behalf. e I have read the foregoing Answers to Interrogatories 9 and know the contents thereof. I am informed and believe that 10 the matters stated therein are true and on that ground I allege 11 that the matters stated therein are true. 12 I declare under penalty of perjury under the laws of the 13 State of California that the foregoing is true and correct. 14 15 1983. 16 Executed at Valley Forge, PA., this day of June, 17 18 19 20 21 22 23 24 25 26 DECLARATION OF SERVICE BY MAIL (C.C.P. 1013a, 2015.5) I, the undersigned, under penalty of perjury, declare: I* I am a citizen of the United States, over 18 years of age, a resident of the County of Marin, and not a party to the within action. I served a true copy of the attached i Amended Answers to Interrogatories 5 6 7 by placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, and on the date last written herein 8 deposited in the United States post office mail box at San Rafael, California, addressed as follows: 9 10 Steven Kazan A Law Corporation 11 171 Twelfth Street, Suite 300 Oakland, CA 94607 12 Moore, Clifford, Wolfe, Larson & Trutner 13 201 19th Street Oakland, CA 94612 14 15 16 17 18 19 20 21 22 23 24 25 Executed on 26 August 3, 1983 at San Rafael, California.