Document dQdKXgGOeDE5kZawO3E85edRR

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY, PENNSYLVANIA R. BRUCE RYAN' and DOHA RYAN, his wife, Plaintiffs, vs. CIVIL DIVISION No. 152 of 1986 JURY TRIAL DEMANDED GAF CORPORATION, RAYMARK INDUSTRIES, INC., CELOTEX CORPORATION, successor-in interest to Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing Company and/or Panacon Corporation, KEENE BUILDING PRODUCTS CORPORATION, EAGLE-PICHER INDUSTRIES, INC., OWENS-CORNING FIBERGLAS CORPORATION, OWENS-ILLINOIS, INC., GARLOCK, INC., PITTSBURGH CORNING CORPORATION, ARMSTRONG WORLD INDUSTRIES, INC., NICOLET INDUSTRIES, INC., successor-in interest to Keasby 4 Mattison, COMBUSTION ENGINEERING, INC., FIBREBOARD CORPORATION, CAREYCANADA, INC., ANCHOR PACKING COMPANY, STANDARD ASBESTOS MANUFCTURING 4 INSULATING COMPANY, FLEXITALLIC GASKET COMPANY, GENERAL ELECTRIC COMPANY, Wire and Cable Products Department, and MARMON GROUP, INC., successorin-interest to Cerro Wire 4 Cable Company, Division of Cerro Marmon Co., and the Rockbestos Company, Inc., Defendants DEFENDANT, EAGLE-PICHER INDUSTRIES, INC., ANSWERS TO PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION Filed on Behalf of: EAGLE-PICHER INDUSTRIES, INC., Defendant Counsel of Record for This Party: WILLIAM R. HAUSHALTER, ESQUIRE PA I.D. #15830 ROSENBERG, KIRSHNER P.A. Firm #244 1500 Grant Building Pittsburgh, PA 15219 (412) 281-4256 A. The date such activity began; 8. The years during which such activity took place; C. The date when such activity was terminated; A. - C.: See Exhibit I and II. The Company began the manufacture of asbestos-containing insulation products in 1930. D. If such activity was terminated, the reason why; and. See page 13(a). E. The geographical area into which you claim the asbestos-containing product(s) were sold. These products were used throughout the U.S. and Canada? occasionally there were export shipments. 14. For the period 1930 to date, state the addresses and business telephone numbers of each facility, building, mine, mill or location which was used by you as a mining, milling, manufacturing, processing, distribution or marketing facility for asbestos-containing products, state the inclusive dates each such facility was in operation, and further state its function (e.g., manufacturing, warehousing finished products, sales office, etc.). See page 13(a) 15. Please list each asbestos-containing product mined, manufactured, sold, marketed and/or distributed by Defendant, Defendant's predecessors, and/or Defendant's subsidiaries at any time since 1930; and please state the following for each named product: ' A. The year it was first mined, manufactured, sold, marketed, or distributed, and if discontinued, the year and the reason such mining, manufacture, sale, marketing or distribution stopped; 13 B. The years during which the product was mined, manufactured, sold, marketed or distributed; A. - B. See Exhibits I and II as well as Answer to No. 11 (A-D). C. Which unit of Defendant, predecessor or subsidiary, mined, manufactured, sold, marketed and/or distributed the product; See Answer to No. 11(E). D. Whether or not said product was ever manufactured, sold, marketed or distributed In the Commonwealth of Pennsylvania and the time period during which such manufacture, sale, marketing or distribution took place; and The Company does not have such information for each year. However, for a listing of asbestos-containing insulation products sold to or shipped to customers in Pennsylvania by the Company, beginning in 1965 and for 1961, see Exhibit IV, which was prepared from available invoices only. The Company has no sales invoices prior to 1965, except for some invoices for 1961 and a few miscellaneous invoices received through litigation. Sales data &ovemMrd38n the ComPany's fiscal year which is December 1 through E. The plants and address(es) at which the product was mined or manufactured. See Answer to No. 14. 16. Please list each asbestos-containing product mined, manufactured, sold, marketed and/or distributed by Defendant, Defendant's predecessors, and/or Defendant's subsidiaries at any time since 1930; and state the following for each named product: A. Its generic name; B. Its trade or brand name; 14 Answer to No. 16D Defendant objects to this portion of the interrogatory for it is overly broad, unduly burdensome, irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admis sible evidence. Without waiving said objection, see Exhibits I and II. According to the Company's annual cost of production accounting records, the approximate asbestos content of the insulation products formerly manufactured by the Company was as follows: Product Approx. Asbestos Content (by Weight) Percentage CEMENTS: Super "66" Insulating Cement 8.8 to 12.0 8.5 to 10.0 4.0 to 4.4 3.5 to 3.6 (1930 - 1934) (1935 - 1963) (1964 - 1968) (1969 - Sept. 1971) "43" Finishing Cement 73.0 to 76.3 75.7 (1944 - 1971) (Jan. and April 1972 Fireproofing Cement 3.5 to 3.6 2.8 to 3.1 (1948 - 1960) (1961 - 1965) One-Cote Finishing Cement Hylo Finishing Cement 4.8 to 2.8 to 4.8 to 2.7 to 3.3 6.3 3.2 5.5 6.9 (1960) (1961 - 1967) (1968 - Sept. (1963 - 1967) (1968 - Sept. 1971) 1971) Hi-Stick Insulating Cement 4.3 to 6.3 (1964 - 1969) "33" Insulating Cement 7.8 to 10.8 13.8 to 14.7 (1935 - 1944) (1945 - 1949) "99" Finishing Cement "106" Finishing Cement 72.2 to 82.6 25.2 to 28.5 (1935 - 1962) (1948 - 1962) "111" Finishing Cement "330" Insulating Cement "1003" Finishing Cement 2.1 to 3.7 8.9 to 10.0 14.16i to 16.2 8.3 to 8.8 (1935 - 1966) (1939 - 1940) (1942 & 1945) (1955 - 1956) (1958 - 1959) Navy Special Cement 11.9 (1945 only) MASTICS: Insulseal Insulseal-All Purpose Insulstic-Trowel Grade Insulstic-Brush Grade Swetchek 16.8 to 20.8 6.0 to 6.9 12.5 to 16.0 7.1 to .16.4 7.5 to 13.5 1.6 to 11.3 1.5 to 1.9 (1935 - 1968) (1968 - 1969) (1939 - 1962) (1942 - 1953) (1957 - 1959) (1945 - 1947) (1948 - 1961) 15(a) Answer to No. 16D continued Product BLOCK: . Vercel Block DE 85 Block DE 95 Block Supertemp Block Approx. Asbestos Content (by ________ Weight) Percentage 4.1 to 7.5 4.2 to 10.3 9.7 4.0 to 9.1 1.0 to 4.0 0.3 to 1.6 (1937 - 1944) (1947 - 1953) (1949) (1950 - 1953) (1938 - 1940) (1941 - 1945) The products sold, but not manufactured, by the Company contained chrysotile asbestos, except Hylo Block and Pipe Covering which was produced by Owens-Corning Fiberglas, and which at times contained Chrysotile and amosite asbestos. The company is uncertain what type of asbestos 85% Magnesia Pipe Covering and Block Insulation contained. The Company used only chrysotile asbestos in asbestoscontaining insulation products it formerly manufactured, except for D.E. Block, which contained chrysotile and amosite asbestos. The percentage of asbestos in each asbestos-containing insulation product which the Company formerly sold, but did not manufacture, may be available from the manufacturer. Answer to No. 16E See Exhibits I and II. The Company's asbestos-containing insulation products were intended for a number of high temperature industrial insulation applications. High temperature applications require products designed for service temperatures in excess of 800F. The products were intended to be used and handled by the insulation workers in the manner which was standard to their trade. According to presently available product brochures, which were used as sales aids and were supplied from time to time, the following were the service termperatures for the various insulation products (including protective coatings) for which information is available: Product Service Temperature Super "66" Insulating Cement to 1800F "43" Finishing Cement to 1000F Fireproofing Cement to 2000F One-Cote Finishing Cement to 1200F 15(b) i I Asbestos-Containing Insulation Products Sold (but not manufactured) By Eagle-Plcher Industries, Inc. Jl Product Name (Source) Date Began/Discontinued Sales ______ .Spray Mastic (A I'CO Oil) Insulseal (APCO Oil) 1960/1974** 1969/1974** Description Weather-protective coating. Tough black protective coating for Insulation. Insulstlc (Carey) 1963/1974 Stalastlc (Southwest Grease and 01hson-Homans) Stamastlc (Southwest Grease) Swetchek (Carey) 1937/1974* 1937/Approx. 1968 1962/Approx. 1966 Adhesive material used to temporarily hold In place and to speed the application of rigid and semirigid insulation. A weather and vapor-barrier coating. Same as Stalastlc, Immediately above. A weather-protective and anticondensation compound. Orey-Temp Block and Pipe Covering (Carey) tlylo Block and Pipe Covering (Owens-Corn 1ng) 1956/1960 1960/1969 1972/1972 Molded rigid block or pipe covering. Molded rigid block or pipe covering. Contents Petroleum Asphalt, Clay, Asbestos Emulsified Asphalt, Asbestos, Bentonite Clay, Water, Carbon Methyl Alcohol Black Asbestos, Sodium Silicate Petroleum Asphalt, Asbestos, Clay, Calcium Carbonate Same as Stalastlc Emulsified Asphalt, Asbestos, Bentonite Clay, Water, Carbon Black, Methyl Alcohol Perlite, Asbe'stos, Clay, Sodium Slllcate Calcium Silicate, Clay, Asbestos, Dlatomaceous Earth 1 of 2 Product Name (Source) llylo B! ock and Pipe Covering (GAF) Kagle 20 or 7M (Ashestos Corp., Carey Canadian, GAF) "33" Insulating (,'emerit (J-M) 85 Magnesia Pipe ''overing and Insulation (Carey % Others) Sales 1969/1971 1934/1969 1950/1968 1956/1960 Descrlption Same as Owens-Coming Hylo, immediately above. Insulation Cement Ingredient Contents Same as Owens-Corni ng Hylo Chrysotile Asbestos Fiber Vermiculite base insulating cement used on masonry surfaces, primarily in the steel industry. Insulating block and pipe covering. Vermiculite, Asbestos, Clay Magnesium Carbonate and Asbestos * Stalastic was discontinued fro* our general product line on December 1, 1974. However, special orders were accepted in 1975 through late March, 1978. The Company per forwed a sales agent function only in 1975-1978. * Spray Mastic and Insulseal were discontinued from our general product line on December 1, 1974. However, in 1975 nmall quantities were sold pursuant to special requests. eptember, 1986 2 of 2 I ' . I- Asbestos-Containing Insulation Products Manufactured By Eagle-Picher Industries, Inc. roduct Name Date Began/Discontinued Manufacture Description Contents iper "66" iRulnting Cement 1930/1971 Dry bulk cement composed of Eagle-Picher granulated mineral wool thoroughly blended with suitable binding, rust inhibitive, and plasticizing ingredients. Granulated fiber. Bentonite Clay, Tri Sodium Phosphate, Sodium Nitrite, Sudsing Agent; Asbestos ic-Cote Finishing ment 1960/1971 Dry bulk cement composed of Eagle-Picher mineral wool and diatomaceous earth, thoroughly blended with suitable binding, rust inhibitive, and plasticizing ingredients. Granulated Mineral Wool, Bentonite Clay, Sodium Nitrate, Portland Cement, Diatomaceous Earth, Asbestos reproofing Cement 1948/1965 Dry bulk high temperature cement composed of asbestos fiber and Bentonite clay thoroughly blended with suitable binding, rust inhibitive, and plasticizing ingredients. Granulated Mineral Fiber, Asbestos, Diatomaceous Earth, Lumnite or Portland Cement, Bentonite Clay, Pire Clay, Sudsing Agent, Sodium Nitrate, Tri-Sodium Phosphate, Glass Fiber (1962 to 1965 only) 3" Finishing Cement 1944/1971* Durable hard white finish coating for indoor insulation on heated surfaces. Asbestos, Portland Cement 3" Insulating Cement 1935/1949 Verniculite base insulating cement used on masonry surfaces, primarily in the steel industry. Verniculite, Clay, Asbestos Snail quantities of "43" were manufactured and shipped in January and April, 1972 pursuant to special orders. 1 of 6 Product Name Date Began/Discontinued Manufacture_________ il i ! Description________ Contents In mi Int ic 1939/1962 Adhesive material used to temporarily hold in place and to speed the application of rigid and semirigid insulation. Asbestos, Sodium Silicate Swet chek 1945/1961 Asphaltic base compound used to prevent condensation. Asphalt, Alcohol, Asbestos, Calcium Carbonate Vercel Block 1937/1944 Veraiculite insulating block for use up to 1400"F. Vermiculite, Clay, Asbestos, Magnesium Sulfate , Supertemp Block 1938/1945 Dark gray mineral wool insulating block composed of Eagle-Picher Mineral Wool and suitable binding agents and formed into semirigid shapes with square corners and parallel faces. Mineral Wool Tufts, Linseed Oil, Asbestos1, Bentonite Clay, Magnesium Sulphate, Starch, Sodium silicate "PE 85" Block 1947/1953 Rigid type Dlatomaceous Earth block used on a variety of heated equipment with temperatures up to 1300*F. Dlatomite, Lime, Perlite Asbestos, White Plaster DE 95" Block 1949/1953 Dlatomaceous Earth block used principally on heating surfaces exposed to higher temperature range (to 2000*F) Dlatomite Aggregate, Plaster, Lime, Venetian Red Dye, Asbestos 10TE: Several of the products listed were also packaged under private labels. ' The Company's year end cost of production accounting records reveal that a small percentage of chrysotile asbestos fiber ian charged against a product known as "Supertemp Block." However, former plant managers of the Company deny that the 'roduct ever contained asbestos fiber. 3 of 6 I I I Notesi 1. Navy Grade and Navy Special insulating cements were produced In 1945, 1955, 1956, 1958 and 1959, These products were "Super 66" types with a higher asbestos fiber content. 2. "330" Insulating cement was produced in 1939, 1940, 1942 and 1945. formula. This was a duplicate of the "33" cement 3. "1003" cement was produced in 1947 only. 4. From time to time the Research group developed experimental cement products containing asbestos fiber. Quanti ties were quite small and used primarily for in-house test evaluation. The products concerned, indicating the year of experimentation, are as followsi Firekote (1942) Coprtex (1939) Castable Cement (1969) Super fill "F" (1968) Insulae (1939) Drycote (1945) Superfill "A" (1967) 5. Hi-Temp Corrosion Resistant Paint, a mixture of Hi-Temperature Stalastic and methylene chloride was produced in small quantities in 1969 and 1971. The addition of methylene chloride simply diluted the Stalastic to a "brushon" viscosity. 4 of 6 i i l )le-Plcher Designation Private Label Designation Cospany Agreement Dates Sales Dates *>r "66" Insulating Cement a. P. Green Insulating Cement* C-18 Insulating Cement* 0C-660 Insulating Cement** 9C-40 Insulating Cement* FENCO Mineral Wbol Insulating Cesmnt Stanon Cement* Fitch #1 Armatei^> No. 166** M4-50** H. W. Insulating Cement Unarco No. 330 Cement** Mineral Wbol Insulating Cesmnt, Grade 313* General Refractories Insulating Cement A. P. Green Fire Bride Co. Bigelow-Liptak Corporation Oeerw-Coming Fiberglas, Supply and Contracting Division Owens-Coming Fiberglas, Supply and Contracting Division Fiberglass Engineering Co. North American Refractories Co. Fitch Recuperator Co. Armstrong Contracting ( Supply I iv. Philip Carey Harbiscn-Walker Union Asbestos A Robber Co. GAP General Refractories Co. H. K. Porter, Refractories Div. Babcock ft Wilcox, Refractories I 5/1/48 to 8/16/71 5/5/49 to 8/16/71 1958 to date unknown 12/26/57 to 8/16/71 3/15/62 to date unknown 1956 to 1968 2/24/53 to 1/1/57 8/1/57 to date unknown 12/11/70 to 5/26/71 6/16/49 to date unknown 1949 - 1971 1949 - 1971 1958 - 1967 1967 - 1971 1953 - 1958 1958 - 1971 1939 - 1955 1957 - 1971 1958, 1966, 1967 1953 - 1958 1953 - 1962 1971 1949 - 1971 1966 - 1971 1966 - 1971 " Insulating Cement Fitch #2 Fitch Recuperator Co, 1940 - 1941, 1943 - 1946, 1948 - 1950 5 of 6 '43" Finishing Cement C-10 Cement* SS-11 White Finishing Cement* Bigelow-Liptak Ccrp. A. P. Green Fire Brick Co. 'uciil uaeb 5/5/49 to 8/16/71 5/1/49 to 8/16/71 Sales Dales 1949-1961. 1966 1952, 1954. 1956 - 1970 Oie-Cote Cement*** OC-110** 9C-30* m-i** Arnatexp Mo. 10** FC-11* Insul-Finish* SS-10 Insulating ( Finishing Cement* Unicote Cement* Unarco No. 10 Cement** Single Cote Insulating Cement. Grade 412* Owens-Coming Fiberglas, Supply and Contracting Division Owens-Coming Fiberglas, Supply and Contracting Division Biilip Carey Armstrong Contracting & Supply Div. Bigelow-Liptak Ccrp. General Refractories Co. A. P. Green Fire Brick Co. North American Refrectories Co. Union Asbestos t Robber CO. GAF H. K. Porter, Refractories Div. Baboock fc Wilcox, Refractories Div. 1958 to date unknown 1956 to 1968 3/15/62 to date unknown 5/5/49 to 8/16/71 6/16/49 to date unknown 5/1/49 to 8/16/71 12/26/57 to 8/16/71 8/1/57 to date unkown 12/11/70 to 5/26/71 * Exclusively Eagle-Picher's product ** Not exclusively Eagle-Picher's product *" One-Cote cement did not contain aebestos prior to 1960. 1960 - 1967 1967 - 1971 1966 1962 - 1971 1960 - 1971 1960 - 1965 1967 - 1970 1960 - 1970 1960-1966, 1970 1960 - 1962 1971 1966 - 1967 1966 - 1968 1/6/87 6 of 6