Document bBRvrw85NLMRx2g3wBJ5mMx9g

MI003REV.ASB 03/26/98 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE IN RE: ALL "ASBESTOS" CASES PRESENTLY PENDING BEFORE AND ALL FUTURE CASES ASSIGNED TO THE HONORABLE ROBERT J. COLUMBO, JR. CIRCUIT COURT JUDGE. ) ) ) ) ) ) ) DEFENDANT, OWENS-ILLINOIS, INC.*8 ANSWERS TO PLAINTIFFS* STANDARD INTERROGATORIES PRELIMINARY STATEMENT Some of the events which may be relevant to the matters inquired about by Plaintiffs' Interrogatories apparently occurred more than thirty-five years ago. In addition, effective April 30, 1958, Owens-Illinois, Inc. disposed of the business involved in this action by way of sale of that business to OwensCorning Fiberglas Corporation. Since that time, Owens-Illinois, Inc. has not engaged in the asbestos-containing insulation products manufactv:\ing business. It does not now and it has not since that sale manufactured, distributed or sold any of its Kaylo asbestos-containing insulation products. As a result of the foregoing factors, many of the individuals who might have had personal knowledge of the matters to which plaintiffs' interrogatories reiate are deceased, or are otherwise unavailable to Owens-Illinois, Inc., and investigations to date indicate that at least some documents which relate to matters inquired about by these interrogatories were transferred to Owens-Coming Fiberglas Corporation with the transfer of the business in question in 1958. Owens-Illinois, Inc. is engaged in a continuing investigation in an attempt to locate, confirm the transfer of, Q. 20. Does a patent exist or did a patent exist for any of the products listed in answer to Interrogatory No. 13? If so, for each such product, please state: (a) The number of the patent; (b) The date same was issued; (c) The number of each patent application that is pending. A. 20. This defendant ceased the manufacture, sale and distribution of its Kaylo asbestoscontaining products in 1958. Its investigation as to information concerning any such United States Patents is continuing. However, it appears that the following patents may have been related to this defendant's asbestos-containing products at one time: Patent No. 2,425,610 2,439,724 RE.23,228 sue of 2,469,379 2,534,303 2,540,354 2,547,127 2,570,835 2,574,667 2,665,996 2,748,008 2,787,345 2,788,304 Finley Finley Frasor Frasor Serinis Selden Kalousek Mooney, et al. Shuman Kalousek Kalousek Soubier, et al. Scovronek Issue Date 8-12-47 4-13-48 5-09-50 5-10-49) 12-19-51 2-06-51 4-03-51 10-09-51 11-13-51 1-12-54 5-29-56 4-02-57 4-09-57 Q. 21. Please state the name and address of each business entity from the defendant, defendant's predecessors, and defendant's subsidiaries have ever bought or received raw asbestos fiber, and as to each such transaction please state the following: (a) The date of each sale or providing of asbestos fiber, as well as the amount received; 21 (c) The type of asbestos fiber sold or provided (e.g., amosite, chrysotile, or crocidolite); (d) The use made of each sale or supply of asbestos fiber. A. 21. This defendant believes that the chrysotile which was the primary type of asbestos used in its insulation products was imported from Canada, and that at least some of this chrysotile was purchased from Canadian Johns* Manville, Ltd. This defendant further believes that when amosite asbestos was used, it was imported from South Africa and at least a portion of such amosite was purchased from the African and European Agencies. This defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 1958 and does not have information sufficient to further answer this interrogatory. Q. 22. Did defendant, defendant's predecessors, and defendant's subsidiaries ever market or distribute any asbestos-containing products manufactured by someone else? If so, please state the following from each such product: (a) The name and address of the manufacturer; (b) The product's trade and brand name; (c) Date(s) beginning, ending and during which the marketing or distributing took place; (d) Whether the product was distributed through the same channels as those used for products manufactured by defendant, and if not, please explain the exact channels of distribution; (e) Identify all documents relating to the marketing or distribution. 22 AFFIDAVIT STATE OF OHIO COUNTY OF WOOD ) )SS: ) H. G. BRUSS, being duly sworn according to law, deposes and says that he is an Assistant Secretary of Owens-Illinois, Inc., a defendant herein; that as such he is authorized to make an Affidavit on its behalf; and that the facts set forth in the foregoing DEFENDANT, OWENS-ILLINOIS, INC'S ANSWERS TO STANDARD INTERROGATORIES, are true and correct to the best of his knowledge, information and belief. H. G. BRUSS SWORN TO and subscribed before me this 3** day of . 1998. SEAL Notary Public JUDITH M. SCHREINER Notary Pubic -- Stata of Ohio tty Commission expires Fet>, 2. 2001