Document bBny3jv0JwwLOJx4remm5JeJ6

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA IN RE: ASBESTOS-RELATED LITIGATION ) ) ) ) MPCP-82-1 RESPONSE ON BEHALF OF VIMASCO CORPORATION TO PLAINTIFFS1 REQUEST FOR PRODUCTION DATED NOVEMBER 20. 1990 1. Any and all correspondence and other writing, including correspondence, between Vimasco's agents, employees, inhouse counsel, national counsel, and/or North Carolina counsel, including internal memoranda of Vimasco, pertaining to or relating to settlement proposals, negotiations and/or agreements with respect to Plaintiffs represented by Wallace and Pope; Wallace, Whitley, Pope & Black; or Wallace, Whitley and Black. RESPONSE: Vimasco Corporation, by counsel, objects to the production of such matters on the ground that such matters are protected by the attorney/client privilege, and are the work product of Vimasco Corporation and its counsel. 2. Any and all documents in response to Plaintiffs* Request to Produce Documents served on October 4, 1989, a copy of which is attached hereto as Exhibit "A.11 RESPONSE: (1) Vimasco Corporation is presently unaware of the existence of any information regarding the trademark of products. rTSlNTiffT" ip^EXHIBITafU ( Vimasco Corporation currently has possession of one "five gallon pail of WC-l," which has a label on it. Such label can be examined at a mutually convenient time at the offices of Vimasco Corporation, Plant Road, Nitro, West Virginia 25143. Vimasco Corporation is presently unaware of the existence of sales brochures and advertisements of asbestos-containing products manufactured or distributed by Vimasco Corporation. (2) See Exhibit I attached hereto. 3. All internal writings regarding the use of warning labels or health information material on or around asbestos products RESPONSE: Vimasco Corporation is presently unaware of the existence of any such matters. 4. All external writings regarding the use of warning labels or health information material on or around asbestos products. RESPONSE: Vimasco Corporation is presently unaware of the existence of any such matters. 5. All internal writing regarding asbestos health hazards from 1935 to present. RESPONSE: Vimasco Corporation was incorporated on June 16, 1952. Vimasco Corporation is presently unaware of the existence of any such matters. 6. All external writings regarding asbestos health hazards from 1935 to present. RESPONSE; Vimasco Corporation was incorporated on June 16, 1952. To the extent that "NIOSH Technical Assistance Report (TA 77-41)" may be responsive to Request No. 6, a copy is attached hereto as Exhibit II. 7. All Material Safety Data sheets filed by Vimasco from 1960 to present for asbestos-containing products. RESPONSE: See Exhibits Nos. Ill, IV, V, VI, VII and VIII, respectively. 8. All Occupational Safety and Health Administration (OSHA), or any other governmental agency, citations against Vimasco regarding dust levels or asbestos health or hygiene matters. RESPONSE: See Exhibits IX, X and XI, respectively. 9. All medical articles in Vimasco*s possession related to asbestos and asbestos related diseases. RESPONSE: Vimasco Corporation is presently unaware of the existence of any such matters. 10. Any and all documentation under your control relating to the shipment, distribution, procurement, manufacture, or supply of asbestos containing materials or products to any Duke Power company power plant or to the Mill Power Supply Company from 1935 to present including, but not limited to, the following: Allen, Belews Creek, Buck, Buzzards Roost, Catawba, Cherokee, Cliffside, Cowans Ford, Dan River, Marshall, McGuire, Oconee, and River Bend. RESPONSE: Vimasco Corporation produced coatings and adhesives which were used in conjunction with insulation products. For a period of time, some of the coatings and adhesives produced by Vimasco Corporation were manufactured with the use of small amounts of asbestos as a means of binding the product together. To the extent that the requested information may exist, all such matters which have been reviewed and inventoried to date by Vimasco Corporation are available for inspection at a mutually convenient date and time at the offices of Vimasco Corporation, Plant Road, Nitro, West Virginia. To date, Vimasco Corporation has identified, reviewed and inventoried the following specific documents which may relate to the shipment, distribution, procurement and supply of asbestos- containing products manufactured by Vimasco Corporation to the locations referenced in Request No. 10: A) Sales Reports; B) Cash Receipt Journals; C) Sales Journals; and, D) Accounts Receivable Journals. Representative examples of such documents are attached hereto as Exhibit Nos. XII, XIII, XIV and XV, respectively. Additionally, Vimasco Corporation has in its possession approximately 20,000 "batch cards" which may also reflect a portion of the requested information. [See a representative sample which is attached hereto as Exhibit XVI.] The originals of such documents which have been reviewed and inventoried to date by Vimasco Corporation are available for inspection at a mutually convenient date and time at the offices of Vimasco Corporation, Plant Road, Nitro, West Virginia. VIMASCO CORPORATION BY COUNSEL MARTHA NEW, ESQUIRE POE, HOOF & REINHARDT REINHARDT BUILDING 401 N. Mangum Street Durham, North Carolina 27701 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the parties in this action by depositing a copy thereof in the United States mail, postage prepaid, and addressed as follows: Mona Lisa Wallace, Esquire Wallace Whitley & Black 301 N. Main Street Salisbury, North Carolina 28144 Attorneys for Plaintiff William C. Brewer, Esquire Speight, Watson and Brewer Post Office Drawer 99 Greenville, NC 27835-0099 Donald E. Britt, Jr., Esquire Poisson, Barnhill & Britt Post Office Box 807 Wilmington, North Carolina 28402 Attorneys for Owens Corning; H. and Eagle-Picher Industries, Inc. K. Porter Co., Inc.; Mark Phillips Francis L. P. Barnwell Robert H. Hood & Associates Post Office Box 1508 Charleston, South Carolina 29401 Attorneys for Center for Claims Resolution John A. Gardner, III, Esquire Hedrick, Eatman, Gardner & Kincheloe Post Office Box 30397 Charlotte, North Carolina 28204 Attorneys for U.S. Mineral Products Corporation George Ward Hendon, Esquire Adams, Hendon, Carson, Crow & Saenger, P.A. Post Office Box 2714 Asheville, North Carolina 28802 Attorneys for Westinghouse Electric Corporation W. Harold Mitchell, Esquire Mitchell, Blackwell, Mitchell & Smith, P.A. Post Office Box 69 Valdese, North Carolina 28690 James B. Pressly, Esquire Haynsworth, Marion, McKay & Guerard Post Office Box 2049 Greenville, South Carolina 28690 Robert F. Baker, Esquire Spears, Barnes, Baker, Wainio, Post Office Box 891 Durham, North Carolina 27702 Attorneys for Garlock, Inc. Brown & Whaley S. Dean Hamrick Richard L. Huffman Waggoner, Hamrick, Hasty, Monteith, Kratt, Cobb & McDonnell 2500 Two First Union Center Charlotte, North Carolina 28282 Attorneys for Celotex Corporation Carey Canada, Inc., and Raymark Industries, Inc. C. Michael Evert, Jr., Esquire Evert & Weathersby Suite - 225 3405 Piedmont Road, N.E. Atlanta, Georgia 30305 Attorneys for H. K. Porter Company, Inc. & Southern Textile Corporation, f/k/a Southern Asbestos Company Sanford W. Thompson, IV Buxton S. Copeland Patterson, Dilthey, Clay, Cranfield, Sumner & Hartzog Post Office Box 310 Raleigh, North Carolina 27602 Attorneys for Rock Wool Manufacturing Gary K. Sue, Esquire Henson, Henson, Bayliss & Teague Post Office Box 3525 Greensboro, North Carolina 27402 Attorneys for M. H. Detrick Company John F. Mitchell James P. Cain Petree, Stockton & Robinson Post Office Box 30004 Raleigh, North Carolina 27622 Attorneys for W. R. Grace & Co. North Brothers, a division of National Services Industries, a Georgia corporation 3250 Woodstock Road Atlanta, Georgia 30316 Kenneth Kyre, Jr., Esquire Nichols, Caffrey, Hill, Evans & Murrelle Post Office Box 989 Greensboro, North Carolina 27402 Attorneys for Georgia Pacific Corporation David G. Traylor, Jr., Esquire Nelson, Mullins, Riley & Scarborough Post Office Box 11070 Columbia, South Carolina 29211 Attorneys for U. S. Gypsum Company, Keene Corporation, Owens-Illinois, Inc., National Gypsum Company, GAF Corporation, Rock Wool Manufacturing Co., Inc., Turner & Newal, Southern Textile, Inc., ACandS, Inc., Armstrong World Industries. John E. Suthers John H. Peavy, Jr. Blasingame, Burch, Garrard & Bryant, P.C. Post Office Box 832 Athens, Georgia 30603 Attorneys for Fibreboard Corporation and Corning Corporation Pittsburgh James Price, Esquire McGuire, Woods, Battle & Boothe One James Center Richmond, Virginia 23219 Attorneys for Westinghouse Electric Corporation This the day of _____, 1991.