Document a1dBGL4755kY5nBz0bmmM9Y6M

No. 87-16080-E KAREN ELAINE KNAPP, Executrix and Personal Representative of the Heirs and Estate of GEORGE R. HALL, SR., Deceased, BESSIE M. WILLIAMS, Individually and as Personal Representative of the Heirs and Estate of ALTON WILLIAMS, Deceased, MARY E. MAY, Individually and as Personal Representative of the Heirs and Estate of WILLIE J. MAY, ROBERT E. MALONE, SR. and IRMA MALONE, RAYMOND R. ORR and LYDIA ORR, VS.- ARMSTRONG WORLD INDUSTRIES, INC., ET AL ' S* $ IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 101ST JUDICIAL DISTRICT DEFENDANT. OWENS-CORKING FIBERGLAS CORPORATION'S, ANSWERS TO PLAINTIFFS1 FIRST 8ET OF INTERROGATORIES TO THE HONORABLE JUDGE OF SAID COURT: Now comes OWENS-CORNING FIBERGLAS CORPORATION, Defendant, and makes and files this its Answers to Plaintiffs' First Set of interrogatories. Respectfully submitted, BAILEY AND WILLIAMS C. EDWARD FOWLER, JR. State Bar No. 07328000 3500 NCNB Plaza, 901 Main Dallas, Texas 75202-3714 214/939-3300 ATTORNEY FOR DEFENDANT, OWENS-CORNING FIBERGLAS CORPORATION DEFENDANT. OWENS-CORNING FIBERGLAS CORPORATION'S, ANSWERS TO PLAINTIFFS* FIRST SET OF INTERROGATORIES Page 1 CERTIFICATE OP SERVICE This is to certify that a copy of the foregoing pleading has been forwarded to all counsel of record on this the /^/ day of January, 1990. DEFENDANT, OWENS-CORKING FIBERQLA8 CORPORATION'S, ANSWERS TO PLAINTIFFS1 FIRST SET OF INTERROGATORIES NO. 87-16080-E KAREN ELAINE KNAPP, Executrix and Personal Representative of the Heirs and Estate of GEORGE R. HALL, SR., Deceased, BESSIE M. WILLIAMS, Individually and as Personal Representative of the Heirs and Estate of ALTON WILLIAMS, Deceased, MARY E. MAY, Individually and as Personal Representative of the Heirs and Estate of WILLIE J. MAY, ROBERT E. MALONE, SR. arH TPMa mitomp RAYMOND R. ORR ar ' PI r'- v. ARMSTRONG WORLD 1 INC., et al. De ) ) ) ) ) ) ) ) ) ) ) \ IN THE DISTRICT COURT DALLAS COUNTY, TEXAS OWENS ANSWERS TO P On December six Interrogator! \c /C /J <? ' .I ~ * .te*/W ^ ^ m4 k? Corporation (OCF). Subject to the following statement, OCF responds to plaintiffs' Interrogatories as follows. INTRODUCTORY. .STATEMENT OCF makes the following answers without in any way waiving: (1) the right to object on the grounds of competency, relevancy and materiality, hearsay (except as expressly admitted herein) or any other proper ground to the use of any such information, for any purpose, in whole or in part, in any subsequent stage or proceeding in this action or any other action; and (2) the right to object on any and ail grounds, at any time, to any other discovery procedure involving or relating to the subject matter of these requests. OCF objects to these interrogatories to the extent that they describe information which is protected from discovery as attorney work product, attorney-client communication, protected by the right to privacy, or as material which is considered to be proprietary and trade secret. All of the answers set forth below are made subject to the above comments and qualifications. OCF'S ANSWERS The following documents are identified by the Exhibit Number, Description, and Bates Number used by the plaintiffs in their Interrogatories. In INTERROGATORY NO. 1. plaintiffs request that, for each document, OCF answer whether such document is a true and correct duplicate of a genuine and authentic document. In INTERROGATORY NO. 2. plaintiffs request that OCF answer whether each document was kept and/or generated in the regular course of a regularly conducted business activity of OCF. In answering Interrogatory No. 2, OCF has defined "kept . . . in the regular course" as kept at any time in the regular course of business at OCF. OCF responds to plaintiffs' Interrogatories Nos. 1 and 2 as follows: EXHIBIT NO. (a) K-168(a) DESCRIPTION ."Special Hazards Survey, Dust Survey," prepared for BATS? NVMB63 42 007 0001-0007 2 Owens-Illinois Kaylo Division, Berlin, NJ, dated April 23, 1958 and May 2, 1958 ANSWERS INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks.which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for 3 claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (b) K-179 DESCRIPTION Memo, F.H. Edwards to C. G. Staelin, August 12, 1964 (Owens-Corning document) BATES NUMBER 01 029 0398 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY.NO, 2; OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. 4 EXHI3IT NO. (c) K-184 DESCRIPTION Memorandum from W. c. Taylor to R. L. Logan, re: Kayio Insulation Composition, dated January 8, 1965 Jr. BATES NUMBER 01 008 1371 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (d) K-187 . ANSWERS DESCRIPTION Memorandum from Wayne Johnson to C. G. Staelin re: Health Hazards, dated October 27, 1966 BA_T_E-5__NUMBER 01 036 0813-0814 INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 4: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. 5 EXHIBIT MO. (e) K-194 DESCRIPTION Memorandum from R. F. Shannon to W. c. Taylor with article titled "Asbestos of the Lungs, March 4, 1967 BATES NUMBER 01 009 0302-0303 ANSWERS INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document is, in part, unreadable. Notwithstanding this objection, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT-MO,(f) K-206 DESCRIPTION Memorandum from Jon L. Konzen to Tom Dailey re: Health Aspects of Fibrous Glass, dated April 28, 1969 BATES NUMBER 01 117 0084 ANSWERS INTERROGATORY NO. 1: - OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on 6 November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in 7 these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (f) K-277 ANSWERS DESCRIPTION BATES NUMBER Owens-Corning Fiberglas 01 500 0037-0038 Corp. Intra-Company Correspondence to C. G. Staelin from T. S. Rogers. Subject: Mr. Marshall's memorandum on Itch Propaganda, dated January 30, 1940 (Two pages) INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and 8 other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. <g) K-278 DESCRIPTION Draft of Health Hazards of Fiberglas dated May 15, 1941 BATES NUMBER 01 501 1097-1107 ANSWERS INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document is incomplete. Based on the foregoing, OCF denies this Interrogatory. INTERROGATORY NO. 2: 9 OC.F objects to this Interrogatory on the ground that this document is incomplete. Interrogatory. Based on the foregoing, OCF denies this EXHIBIT NO. (h) K-279 DESCRIPTION Draft of Introduction for Mailing Piece on Health Aspects of Fiberglas, dated June 12, 1941 BATES NUMBER 01 501 0849 ANSWERS INTERROGATORY NO. 1; OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (i) K-280 DESCRIPTION Letter from Jerome J. Gelman to Union Asbestos & Rubber Co., dated December 7, 1954, re: 15 workers who have contracted pneumoconiosis BATES NUMBER 01 076 0677 ANSWERS INTERROGATORY. NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for 10 claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was kept in its files in the ordinary course of its 11 business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHI3IT NO. (j) K-281 DESCRIPTION Pages 2 and 3 of a letter to Jerome Gelman, Esq., re: Matthew Gross; with attachment: two page medical report on Matthew Gross; studied December 17, 1954 BATES NUMBER 01 076 1096-1099 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (k) K-282 DESCRIPTION Two page letter to Jerome Gelman from Irving J. Selikoff, M.D. re: John W. Peterson with attachment: three page medical report on John w. Peterson, studied January 5, 1955 BATES NUMBER 01 076 0947-0951 answers INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production 12 records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (l) K-283 DESCRIPTION Two page letter to Jerome Gelman, Esq. from Irving J. Selikoff, M.D., dated March 11, 1955, with attachment: 3 page medical report on Joseph Pignatelli ANSWERS BATES NUMBER 01 076 0992-0996 INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (m) K-284 DESCRIPTION Two page letter to Jerome Gelman from Irving J. Selikoff, M.D., dated April 13, 1955, with attachment: 3 page medical report on Martin Ragauskas BATES NUMBER 01 076 1111-1115 13 ANSWERS INTERROGATORY NO. 1; OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. . SXHIBIT PQ. (n) K-285 DESCRIPTION Notice that Nicholas Cotsakos has contracted a compensable occupational disease to claim agents for Union Asbestos & Co. from Dominic Cavaliore, dated April 14, 1955 BATES. NUMBER 01 076 0664 ANSWERS INTERROGATQBT_NO_,, 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this 14 document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (o) K-286 DESCRIPTION Three page letter to Jerome Gelman, Esq. from Irving J. Selikoff, M.D., dated May 23, 1955, with attachment: 2 page medical report on Wallace Sisco BATES NUMBER 01 076 0983- ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORS NQ_. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (p) K-287 ANSWERS DESCRIPTION Three page letter to Jerome Gelman from Irving J. Selikoff, M.D., dated October 27, 1955, with attachment: 4 page medical report on Anthony Francello BATES NUMBER 01 076 0952-0958 ' INTERROGATORY NO. 1; OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production 15 records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (q) K-288 DESCRIPTION Three page letter to Jerome Gelman from Irving J. Selikoff, M.D., dated October 27, 1955, with attachment: 3 page medical report on Henry Stuart BATES NUMBER 01 076 0961-0966 answers INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2i OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (r) K-289 DESCRIPTION BATfiS-MHMBEK Three page letter^to 01 076 1088-1093 Jerome Gelman from Irving J. Selikoff, M.D., dated December 9, 1955, with attachment: 3 page medical report on Jesus Perez 16 ANSWERS INTERROGATORY NO. 1; OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT. -N_0_. (s) K-290 ANSWERS DESCRIPTION Four page report to M.D. Burch from G.w.h. Schepers, M.D., D.Sc. re: current experimentation on Fiberglas, dated February 6, 1956 BATES 1NUMBER 01 501 1573 01 501 1314 01 501 1315 01 501 1577 INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document, interrogatory no 2; OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. DESCRIPTION BATES NUMBER 17 (t) K-291{a) ANSWERS Owens-Corning Fibergias Corp. Intra-Company correspondence to Dr. Charles Bishop - Newark (Medical Dept.) from John D. Black - Toledo, dated February 8, 1956 01 501 1312 INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v.A._P_. 18 Green, et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF-. exhib.it NO. (u) K291(b) DESCRIPTION Owens-Corning Fiberglas Corp. correspondence to M.D. Burch - Toledo from John D. Black - Toledo BATES NUMBER 01 501 1316.05 INTERROGATORY NO. 1; OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege'that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon ia camera inspection of this document is not applicable in these 19 proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. a.p. Green, et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (v) K-291(c) DESCRIPTION Attachment to both: 4 page report to M.D. Burch from G. W. H. Schepers, M.D., D.Sc., dated February 6, 1956 20 BATES NUMBER 01 501 1313-1316 ANSWERS INTERROGATORY NO. Ir OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison.v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its 21 claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (w) K-292 ANSWERS DESCRIPTION Owens-Corning Fiberglas Corp. Intra-Company correspondence to John D. Black - Toledo from W. F. Aikman - Toledo, dated February 9, 1956, re: Dr. Schepers' letter of February 6, 1956 BATES NUMBER 01 501 1572.; INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. . 22 Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (x) K-293 - DESCRIPTION Two page medical report on Mr. Claude J. Tomplait, 201 Kay, Bridge City, Texas by T. R. Jones, M.D. ANSWERS INTERROGATORY NO. 1: BATES NUMBER 02 209 0251-0252 23 OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3,. 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in 24 camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (y) K-294 DESCRIPTION Owens-Corning Fiberglas Corp. Intra-Company correspondence to R.E. Estep - Charleston from R.L. Logan, Jr. - Toledo, dated January 11, 1965 BATES NUMBER 01 008 1370 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2i OCF admits that this document was kept in its files in the ordinary cour.se of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (z) K-295 DESCRIPTION Owens-Corning Fiberglas 25 BATES NUMBER 01 008 1333 ANSWERS Corp. Intra-Company correspondence to 0. W. Pfeifer - Granville, Dr. w. c. Taylor - Toledo, Mr. M. D. Burch - Toledo, and Mr. R. L. Logan, Jr. Toledo from F. H. Edwards Toledo, dated January 22, 1965 re: inquiries about Kaylo INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: - OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on 26 November 3, 1989 by Judges Riley and Magg in Jamison v. A.?. Green, et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (aa) K-296 ANSWERS DESCRIPTION Letter to Mr. C.F. Schroeder - Toledo from R. F. Shannon, dated January 4, 1966, re: Case 8981 BATES NUMBER 01 036 2026 INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its 27 claim of privilege has nor been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. - Without waiving this and other objections, OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. 28 EXHIBIT NO. (bb) K-297 DESCRIPTION BATES NUMBER Owens-Corning Fiberglas 01 039 1480 Corp. correspondence to all officers, regional and branch managers, sales and contracting divisions and their branch personnel, and plant mangers from John Marshall Briley, Vice President dated July 13, 1966 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (cc) K-298 DESCRIPTION Owens-Corning Fiberglas Corp. Intra-Company correspondence to John Vyverberg - New York from A. S. Kevlin - New York re: Kaylo Dust - Bath Iron, dated July 28, 1966 BATES NUMBER 01 039 1479 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files# except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. 29 INTERROGATORY NO 2.: OCF admits that this document was generated and kept in i_s files in the course of the regularly conducted business of OCF. EXHIBIT NO. (da) K-299 . DESCRIPTION BATES NUMBER Owens-Coming Fiberglas 01 039 1475-1476 Corp. Intra-Company correspondence to J. M. Briley - Toledo from F. H. Edwards - Toledo re: Kaylo Dust - Bath.Iron Works, dated August 8, 1966 (2 pages) ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. E.mBIT-Np. DESCRIPTION (ee) K-300 Owens-Corning Fiberglas Corp. Intra-Company correspondence to A.S. Kevlin - New York from F. H. Edwards - Toledo re: ' Bath Iron Works, dated August 9, 1966 BATES NUMBER 01 039 1474 ANSWERS INTERROGATORY NO. 1: . 30 OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (ff) K-301 answers DESCRIPTION Owens-Corning Fiberglas Corp. Intra-Company correspondence to J. M. Briley - Toledo from Wayne Johnson - New York re: Health Hazards-Kaylo, dated October 5, 1966 INTERROGATORY NO. 1: BATES NUMBER 01 039 1472 OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (gg) K-302 DESCRIPTION ,, BATES NUMBER Letter to J. M. Briley - 01 039 1471 Toledo from F.H. Edwards - Toledo re: Health Hazards- Kaylo, dated October 24, 1966 31 ANSWERS INTERROGATORY NO. .! OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (hh) K-303 ANSWERS DESCRIPTION Letter to J. M. Briley Toledo from Wayne Johnson New York re: Warning Label on Kaylo, dated Nov. 8, 1966 BATES NUMBER 01 039 1467 INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY! NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (ii) K-304 DESCRIPTION Memo to J. F. Vyverberg - 32 BATES NUMBER 01 039 1465 New York, J.H. Briley Toledo, F.M. Edwards Toledo, W. Johnson - New York from F.R. Winnert New York re: Health Hazards-Kaylo, dated November 10, 1966 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (jj) K-305 ' ANSWERS DESCRIPTION BATES NUMBER Memo to J.M. Briley - 01 039 1463 Toledo, F.H. Edwards - Toledo, D.W. Ladd, Jr. - New York, J.F. Vyverberg - New York from Wayne Johnson - New York re: Warning Label on Kaylow [sic], dated December 5, 1966 INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: 33 OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (kk) K-306 DESCRIPTION Three page letter to State of Washington, Dept, of Labor and Industries, Olympia, Wash, from Lee F. Chorkley, D.O. re: Cecil B. Lockwood, dated January 20, 1967 BATES NUMBER 02 209 0476-0478 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit.stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. gXfUSIT NO. (11) K-307 ANSWER: DESCRIPTION Memo to Robert L. Logan Toledo from Jon.L. Konzen, M.D., dated February 9, 1968. (2 pages ^ BATES NUMBER 02 209 0222-0223 INTERROGATORY NO. 1: '' OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al.. pending in the Circuit Court for Madison County, 34 Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2; OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. 35 Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (mm) K-308 DESCRIPTION Memo to John Vyverberg from Jon L. Kozen, M.D. dated April 3, 1969 (4 pages) ANSWERS INTERROGATORY NO. 1: BATES NUMBER 02 401 0476-0478 OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: 36 OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green. et al. , pending in the Circuit Court for Madison County, Illinois, after'an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBITS, (nn) K-309 description Confidential memo to C.G. Staelin from Jon L. Konzen, M.D. dated June 5, 1979 bates number 01 036 1114 ANSWERS INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Rilfy and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its 37 claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (00) K-310 DESCRIPTION Owens-Corning Fiberglas BATES WKBEB 01 029 0591-0597 38 Corp. Intra-Company correspondence to Keith Preston - Bloomington from Jon L. Konzen, M.D., dated April 16, 1971, re: Bloomington Trip report, April 7 and 8, 1971 (7 pages) ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (pp) K-311 ANSWERS DESCRIPTION Memo to S.M. Mayer T/26 from Jon L. Konzen, M.D., dated Sept. 20, 1972 with attachment: memo to Steve Mayer - T/26 from Jon L. Konzen, -M.D., dated Aug. 29, 1972 (4 pages) BATES NUMBER 08 006 1041-1044 INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1'989 by Judges Riley and Magg in Jamison v. Anchor Packinq_.Co., et al,, pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its 39 claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al., pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (qq) K-312 DESCRIPTION Owens-Corning Fiberglas BATES NUMBER 01 086 1565 40 ANSWERS Corp. Intra-Company correspondence to R. F. Shannon - Granville from C.B. Warden - Granville, dated Sept. 5, 1972 INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al.. pending in the Circuit Court for Madison County, 41 Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (rr) K-313 ANSWERS DESCRIPTION Owens-Corning Fiberglas Corp. Intra-Company correspondence to Mr. C.B. Warden - Granville from R.F. Shannon- Granville 62 re: Asbestos, dated Sept. 13, 1972 BATES NUMBER 01 086 1564 INTERROGATORY NO. 1: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v, Anchor Packing Co., et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders 42 entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF objects to this Interrogatory on the ground that this document was produced by OCF pursuant to an Order entered on November 3, 1989 by Judges Riley and Magg in Jamison v. A.P. Green, et al.. pending in the Circuit Court for Madison County, Illinois, after an in camera review of this document for claims of privilege that had been asserted by OCF. OCF maintains that this document is privileged from discovery and that its claim of privilege has not been waived by compliance with orders entered by Judges Riley and Magg. The ruling of those judges upon in camera inspection of this document is not applicable in these proceedings because the ruling was made under the Illinois law of privilege. Without waiving this and other objections, OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. (ss) K-314 DESCRIPTION ^ Two page letter *to Edward 43 BATE? NUMBER 01 501 1611-1612 Ames from Leroy U. Garner dated March 13, 1943 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. SXKI5XT m,. (tt) K-315 DESCRIPTION Letter to Edward C. Ames from Albert Baumgardner's physician dated Nov. 21, 1944, re: Baumgardner's asbestosis BATES. NUMBER 01 505 0004 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. - INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this 44 document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT NO. (uu) K-316 DESCRIPTION Undated letter to Edward Ames re: cause of Albert Baumgardner's condition BATES NUMBER 01 505 0006 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. (vv) K-317 ANSWERS DESCRIPTION Letter to Dr. A.E. Canfield from Public Relations Manager dated November 22, 1944 re: Albert Baumgardner BATES NUMBER 01 505 0002 INTERROGATORY, NO. 1: OCF admits that this document is a true and correct duplicate of'a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: 45 OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. exhij.it ml. (ww) K-318 Letter to Medical Department State Office Bldg., Columbus, Ohio, from Don Hanna, Safety Director, Division of Safety and Hygiene for the State of Ohio, dated Jan. 21, 1946 BATES NUMBER 01 505 1705 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. EXHIBIT m,. (xx) K-319 DESCRIPTION Two page Owens-Corning Fiberglas Intra-Company correspondence to J.H. Boynton from William A. Lotz dated June 20, 1963 Subject: Methods for Evaluating Kaylo Dust. BATES NUMBER 01 081 1884-1885 ANSWERS INTERROGATORY NO. 1: 46 OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (yy) K-320 DESCRIPTION Three page Owens-Corning Fiberglas Intra-Company correspondence to R.L. Stafford from Michael Hardwick dated May 24, 1965. Subject: KayloLong Range Planning Personnel BATES NUMBER 01 041 0916-0918 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (22) K-321 DESCRIPTION Owens-Corning Fiberglas Process Specification, Quality Control and Specification Dept., No. AH.518.P.OT.10 dated BATES NUMBER 42 013 1831 47 March 7, 1977 ANSWERS INTERROGATORY NO. 1: OCF admits chat this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was generated and kept in its files in the course of the regularly conducted business of OCF. EXHIBIT NO. (aaa) K-322 DESCRIPTION Owens-Corning Fiberglas Equipment Insulations Brochure, IN6.A3, June, 1956. (8 pages) BATES NUMBER 42 012 0722-0729 ANSWERS INTERROGATORY NO. 1: OCF admits that this document is a true and correct duplicate of a document found in OCF's files, except insofar as this document contains marginalia, exhibit stickers, production records, handwriting and other marks which do not appear on the original of this document. INTERROGATORY NO. 2: OCF admits that this document was kept in its files in the ordinary course of its business. OCF, however, denies that this document was generated in the course of a regularly conducted business activity of OCF. 48 INTERROGATORY NO. 3: Please answer whether the document entitled "OCF Asbestos Litigation Privileged Documents -- Not Discoverable", attached here as Plaintiffs' Exhibit 1, is a true and correct duplicate of a genuine and authentic document. ANSWERS OCF objects to this Interrogatory on the ground that it is not calculated to lead to the discovery of admissible evidence. Because plaintiffs' Exhibit 1 was generated by OCF counsel, not by OCF, admission or denial of its authenticity provides no information that pertains to admissible evidence. INTERROGATORY NO. 4: Please answer whether the original copy of Plaintiffs' Exhibit 1 referenced above was kept and/or generated in the regular course of a regularly conducted business activity of OCF. ANSWERS OCF objects to this Interrogatory on the ground that it is not calculated to lead to the discovery of admissible evidence. Because plaintiffs' Exhibit 1 was generated by OCF counsel, not by OCF, admission or denial of its authenticity provides no information that pertains to admissible evidence. INTERROGATORY NO. 5: On November 8, 1989, did Judge Riley in the case styled Jamison v. Anchor Packing Company, et al.. CA No. 87-L-1230 (3rd Jud. Cir. Madison County, 111.) sign an Order commanding OCF to produce to plaintiffs in that case true and correct copies of approximately 378 documents which OCF claimed to be privileged? ANSWERS 49 I OCF objects to this Interrogatory on the grounds that it is irrelevant and not calculated to lead to the discovery of admissible evidence. OCF maintains that the ruling of- Judges Riley and Magg in Jamison are not applicable in these proceedings because the ruling was made under the Illinois law of privilege. INTERROGATORY NO. 6: If so, did OCF produce true and correct copies of these documents from their Document Depository in Richmond, Virginia to the Court? ANSWERS OCF objects to this Interrogatory on the grounds that it is irrelevant and not calculated to lead to the discovery of admissible evidence. OCF maintains that the ruling of Judges Riley and Magg in Jamison are not applicable in these proceedings because the ruling was made under the Illinois law of privilege. INTERROGATORY NO. 6: Has OCF stipulated or agreed to the authenticity of any of the documents referenced in Interrogatory No. 1 with any person prior to the date of these Interrogatories? ANSWERS OCF objects to this Interrogatory on the grounds that it is irrelevant and not calculated to lead to the discovery of admissible evidence. Any prior stipulation or agreement made under the circumstances of a specific case has no bearing on the actual authenticity of the referenced documents and as such is not calculated to lead to admissible evidence. 50 NO. 87-16080-E KAREN ELAINE KNAPP, Executrix ) and Personal Representative of ) the Heirs and Estate of GEORGE R) HALL, SR., Deceased; BESSIE M. ) WILLIAMS, Individually and as ) Personal Representative of the ) Heirs and Estate of ALTON ) WILLIAMS, Deceased; MARY E. MAY ) Individually and as Personal ) Representative of the Heirs and ) Estate of WILLIE J. MAY; ROBERT) E. MALONE, SR. and IRMA MALONE; ) RAYMOND R. ORR and LYDIA ORR ) Plaintiffs ) ) Versus ) ) ARMSTRONG WORLD INDUSTRIES, INC., ET AL. ) ) ) IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS Defendants ) 101TH JUDICIAL DISTRICT STATE OF OHIO COUNTY OF LUCAS ) ) ) AFFIDAVIT ROBERT A. McOMBER, being duly sworn, deposes and says that he is Counsel - Litigation for OWENS-CORNING FIBERGLAS CORPORATION and that he verifies the foregoing answers to plaintiffs' Amended Responses to Initial Interrogatories for and on behalf of OWENS-CORNING FIBERGLAS CORPORATION and is duly authorized so to do? that the matters stated therein are not within the personal knowledge of deponent? that the facts stated therein have been assembled by authorized employees and counsel of OWENS-CORNING FIBERGLAS CORPORATION and deponent is informed that the facts stated therein are true. Page 2 KAREN ELAINE KNAPP, et al. SWORN TO and subscribed before me this ^O^ day of March, 1990. ROBERT A. McOMBER SHERYN L. HOCAN Notary Public, State cf Ohio 'Y Commission Expires Aug. 18, 1994