Document dar40wBw4baJnggYvjOX4KxOQ

FILE NAME DuPont DUP DATE 1973 Apr 4 DOC DUP192 DOCUMENT DESCRIPTION Legal - DuPont answers to interrogatories relating information about the product tested Line Preparakote west * but Pe iad Pen we fry? E. I. BU PONT DE NEMOURS & COMPANY D^ ASDIA Fabrict & Finance OfPARTHENT OfPARTHENT Le TS, Manhall D Laboratory April 4 1973 AER E. E. SWAIN R. 2373 nena , WUMINGTON . teen . LINE PREPARAKPOREPARATKOT ES SANDING DUST fi Attached is a summary of the experiments I performed to determine the amo bat taermh of airborne asbestos in sanding dust from Line Praperatores pte eee 2 The level in general is within 1976 OSHA standards for asbestes fibers ct longer than 5 microns time weighted average Unanswered still are sete * The amount of encapsulated esbastes in the respirable dust Senate 28 # The effect of the encapsulated asbestos on the lung tissue * do not know how to determine the amount encapsulated - one guess - would put the max^>m at the proportion of sale and esbestos in the point salids.However salids.However salids.However the amount is going to Tess than that since we do not count fibers less than 5 microns in fength and a significant part of the respirable durt would be less than 5 micront la diameter If we can be of further help plooie contact me . TJN 4/4/73 ATTACH PROCESS CHEMISTRY SECTION MANUFACTURING SUPPORT GROUP ae ) tig EER ited . THOMAS J. NELSON 4 YANG yaa . Free ^ FORAMBET QUF 00468 116988 rate a a NeOc wa SUMMARY SANDING SAMPLES ( - Token ot refinish training conter while operator sanding fandar Asbester - 2.3 Fibers 7 Aber field 12 Yoken while sanding panels laying flat on bench top Filter was 6 inches to the side and 2 inches up bench 80 of dust particles flowed below Asbestes Fibers 2 Fiben fields . 13 - Token while sanding on bench top Filter 3-4 inches above sender Asbestos - 3.2 Fibers 3 fiber 50 fields NOTE 1976 OSHA limit is 2 fibers in sample F1 - 6 hours sending at His level would meet the 2 fiber limit and 43 - Shoom Semple I was probably higher in dust than operator would receive since the somple we close to coures In both eases - sending for longer than 5 hours would be unlikely in a refinish shop oe faete bib aah ete Ateeee Hahn eak pon oe yes tek wet But A0465 116989 EC) ERTS Hey te s ena ow Md it enr Pacvmeins e r re) e e oe men ON fee aT 108 aSrmoen pm 1 GLYNN & FINLEY LIP ANDREW T. MORTL Bar No. 177876 2 RUTA PASKEVI~ IUSBas No. 127784 One Walmul Crock Center 3 100 Pringle Avenne Suite 500 Walnut Creek CA 94596 4 Telephone 925 210-2800 Facsimile 925 945-1975 5 Attorney's for defendant B. I. du Pont de Nemours and Company 7 ; . 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2010 2:10 9 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 10 13 1313 IN RE COMPLEX ASBESTOS LITIGATION 14 1015 16 17 18 ae Case No. 828684 ase yee E.I. DU PONT DE NEMOURS AND ay COMPANY'COMPASNY'S SUPPLEMENTAL Natal RESTONSES TO STANDARD ane! INTERROGATORIES PURSUANT Spee? TO GENERAL ORDER 122 eee weet Neer PREFACE .. General Order 129 provides that responses are to be made without objection Nhe except for the assertion of a claim of privilege This shall not be construed as a waiver of any tee objection which would be applicable to any interrogatory We reserve the right to make any and ee ee all such objections at trial or in any other proceeding DuPont specifically objects to the oxtont ene the interrogatories are vague and ambiguous call for information protected the attorney- one client product trade secret privilege E. 1. Du Pont de Nemours and Company responds to this discovery with respect to itself and not with respect to any entities which may be legally separate and distinct The following responses are being provided in connection with.a meet and confer agreement with plaintiffs counsel to provide information in response to Interrogatory No 31 regarding automotive refinishing products with respect to the 1952-1984 time period 1 DUPONT'S SUPPLEMENTAL RESPONSES TO GENERAL ORDER 129 INTERROGATORIEINTERSOGATORIES ..... ans 1 Defendant's review of its files and records is continuing as is discovery Defendant reserves the 2 right but undertakes no duty to make changes in its responses or to present new and additional 3 information at trial or any other proceeding Notwithstanding and without waiving any 4 objections defendant responds Interrogatory No. 31 . 5 If your answer to any subpart of Interrogatory No. 31 regarding ASBESTOS 7 CONTAINING PRODUCTS is in the affirmative state Lac) A. The trade brand name and generic name of each such ASBESTOS A=) CONTAINING PRODUCT MARKETED in any form or quantity betwoch 1930 . 10 and 1985 ; The date cach such CONTAINING PRODUCT was first placed on the market including the date each such CONTAINING PRODUCT was first MARKETED 12 1 On anexperimental basis ma weer 2 On a tost basin or pa Aatengt 3 For sale O The date each such CONTAINING PRODUCT : 2 2 2 1 Coased to be produced or 2 Was recalled from the market if ever A detailed description of the chemical composition of each such ASBESTOS eo CONTAINING PRODUCT including the type and grade of asbestos and re menti asbestos fiber contained in each such product and the quantitative percentage of ye asbestos or asbestos fiber in each such product and all nonasbestos.components epee doe 2 2 CONTAINING ofthe PRODUCT and if the chemical composition changed over time the inclusive dates each formulation R A description of the physical appearance and nature of each sucht ASBESTOS- CONTAINING PRODUCT including any color coding distinctive marking 2 and logo either on the product or on the packaging -2 DUPONT'S SUPPLEMENTAL RESPONSES TO GENERAL ORBERT 29 INTERROGATORIES INTERROGATORIES Oe F. A detailed description of the intended use of each such ASBESTOS- 2 CONTAINING PRODUCT including any temporature limits for each such use 3 Whether any such CONTAINING PRODUCT was on the U.S. Government's Qualified Qualified Products List and ifso the inclusive dates it was an S such fist ' 6 The name and address of the supplier of the RAW ASBESTOS used in each such 7 product and the time period of such supply 8 h Whether any of THIS DEFENDANT's RAW ASBESTOS OR ASBESTOS- 9 CONTAINING PRODUCTS bavo at any time been sold shipped or otherwise 10 distributed to any COMPANY including power company or utility 1011 governmental agency or entity shipyard distributor refinery contractor supplier manufactures PREMISE owner or occupant ship owner or other PREMISE or et . site in the GROGRAPHIC AREA If so stute . The 1 names of each such COMPANY governmental agency ar entity ewr supplier ee 15 shipyard distributor manufhoturor refinery contractor . 1216 PREMISE owner or occupant ship owner PREMISE or site 2 The inclusive dates of each such sale shipment distribution use or 19 Installation and the amount volume and the trade or brand of each 19 such CONTAINING PRODUCT sold 3 Whether you have any records indicating any such sule shipment 272272 distribution uso or installation and so the name address and job classification of each person who currently has possession of such records Either 1 attach all DOCUMENTS evidencing the Information sought in this Interrogatory and its subparts to your answers to these Interrogatories or 2 attach 2713 disks containing such data or 3 describe sach DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of a Ieee 27 documents epee 28 Response to Interrogatory No. 31 ONI Ren -3- -3- Sere DUPONT'S SUPPLEMENTAL RESPONSES TO GENERAL ORDER 129 INTERROGATORIES 2 omy meee ome ce ee weet sates me 4 eter wemerane Aner 6 1 Defendant incorporates herein the abovs Preface Without waiving any objections based 2 on cument investigation regarding automotive refinish products from 1952 to 1984 and 3 responding as to all of DuPont A A DaFont's investigation to date indicates that its automotive refinish products did S not contain asbestos as an ingredient Available documents DUP 0903175- 0903175- 6 0903180 and DUP 0903196 ) indicate however that in April 1973 when 7 Sanded the primor product known as Lino Proparakote released dust which g may have contained a trace amount of asbestos fiber present as a naturally occurring contaminant of the talc contained in the product DuPont has not 10 located any information that its Preparakote primer product released asbestos 11 fiber at any other time in its existence or in any other formulation Discovery is continuing 13 The Preparakoto line was first markotor in 1938. DuPont ourrently has no 14 information regarding when 65 Inc Preparakole was first marketed Discovery $ is continuing 16 DuPont currently has no information regarding the formulation of the Line 17 Preparakote that was tested in April 1973 the results of which are described in 18 the documents referenced subpart A above Preparakote primers continued 982 be manufactured throughout the time period at issue Discovery is continuing 982 With respect to the Preparakote product tested and referenced in subpart A 982 above DuPont currently has not located any information of the type requested by this subparDt other than information that is provided by the referenced 2 documenTthse Preparakote line was generally a synthetic type line of primer- 2 surfacers Discovery is continuing 2858 Preparakote was generally a synthetic type line of surfacer available in 2858 quart and gallon cans bearing the DuPont name and trademark Line 2858 Preparakote may also have been sold in dip tanks For at least some portion of the tunc and for at least some Preparakote products the product was red DUPONT'S SUPPLEMENTAL RESPONSES TO GENERAL ORDER 129 INTERROGATORIES ney meee Ce beatae a en hg ata Oe Tas ee tod et, er ee ER a ee Nhe tneemt cet e rms rete en colored DuPont does not currently have information as to whether 2 this was true regarding Line Propurakote and whether this was true during the 3 entire relevant period DuPont currently has no other information reganding the 4 physical appearance of this product during the relevant time period Discovery is , wn continuing 6 The Preparafcote line was generally a synthetic type line of surfacer for 7 use under Lucite and Dulux finishes for finishing and refinishing automobiles and commercial vehicles DuPont has not been able to information regarding temperature limits for this line Discovery is continuing s 10 To DuPont's knowledge Line Proparakote was not on U.S Government's 1110 Qualified Products List perc 12 Du outdid not purchase RAW ASBBSTOfoSr use in Line Preparakote und armen ---- 1 15 15 therefore this interrogatory is not applicable DuPont does not have information responsive to this interogatory regarding 65Line Preparakote during 1973 or during the relevant time period DuPont DuPont does not have information responsive to this interrogatory regarding the Preparakote 17 line generally during the relevant tune period Line Preparakote was 98218 presumably sold shipped or otherwise distributed as part of DuPont's automotive refinishing products to various distributors but DuPont does not have 20 any sales records from the relevant time period Documents regarding Line Preparakote have been produced as part of 982 DuPont's corporate collection of documents as DUP 0903179-0903180 0903179-0903180 4/4/73 memo from Thomas Nelson to E.E. Swain Jr. and DUP 0903196 0903196 momo fami 3 3 3 IIII 1111 E.E. Swain to J.A. Zapp Jr. Discovery is continuing 1 272828 IIII 5DUPONT'S SUPPLEMENTAL RESPONSES TO GENRIVAL ORDER 129 INTERROGATORIES Dated 6 August , 2010 GLYNN & FINLEY LLF ANDREW T. MORTL RUTA PASKEVICIUS JON ELDREDGE One Walnut Creek Center 100 Pringlo Avenus Suite 500 Walnut Creek CA 94596 By Dicta Parkevicius Attomeys for defendant B. 1. du Pont de Nemours and Company seamn me ete nite ee memad wet 4 aromigecunt F - 2 2 2 9 sem 27 ey paner 28 2 -6- DUPONT'S DUPONT'S SUPPLERENTAL RESPONSES TO GENER^ LORDEN ORDEN 129 INTRAMIOGATOHUES INTRAMIOGATOHUES daane, 8 e tema + tee Menaime nts GLYNN & FINLEY ILF ANDREW T. MORTL Bar No. 177876 RUTA PASKEVICIUS Bar No. 127784 One Walnut Creek Center 100 Pringle Avonua Suite 500 Walnut Creek CA 94596 Telephone 915 210-2800 Facsimile 925 945-1975 Attorneys for defendant E. Pont de Nemomus and Company SUPERIOR COURT THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO IN RE COMPLEX ASBESTOS LITIGATION rar? EL DUPONT DUPONT DE NEMOURS Mel COMPANY'S SUPPLEMENTAL Neral RESPONSES TO STANDARD Sener INTERROGATORIES PURSUANT TO Nene GENERAL GENERAL ORDER 119 . Sener! el Nae VERIFICATION STATE OF DELAWARE ) . > COUNTY OF NEW CASTLE > BS: In Downw Downw McAving, heroby cortify the following 1 am Assistant Scorotary ofB. L. du Pont de Nematus and Company a corporation 2 am authorized to exconte this verification on behalf of B I. du Pont de Nemours and Company + 3 that the facts stated in the foregoing Defendant B. I du Pont de Nemours and Company's Supplemental Responses to Standard Interrogatories Pursuant to General Order 129 have been assembled by muthorized employees and the altorneys of I du Pont de Nemours and Company | nevis we aeer a 4 that ocrtain of the matters stated therein are not of my personal knowledge and 5 that I am informeandd verify that the facts stated therein are true and correct to the best of my information and belief ; I declare under penalty of perjury that the foregoing le trus and corect E. DU PONT DE NEMOURS AND COMPANY Sworn and subscribed to before me August this 6th day of 2010 & Petarnm Notary Publio in and for the State ofDelaware MARIE S. MANUEL NOTARY PUBLIC STATE OF DELAWARE My commission expiras Feb. 7 2012 ow oe wer ERAS oon Pety 12 Ee nme Been wae op em ot Retcee NR 1 om. ee erie Pe tM OAs ememtene Reyer ones teen end F PROOF OF SERVICEBYDonketELECTRONICELECTRONIC TRANSMISSION 2 3 T Beverly Carter the widarsigned declare & . um and was at the time of service of the documents herein referred to 5 over the age of 18 years and not a party to the action 2 am amployed in the County of Contra Costa California 7 3 My business addressis One Walnut Creek Center 100 Pringle Avenue 6 Suite 500 Walaut Creek CA 94596 4 On the date executed below J olcatronically served the document vis 10 LexisNexis File & Serve described us BL DE DUPONTDUPONT AND COMPANY'S SUPPLEMENTASUIPLEMENTAI NEMOURS COMPANY'S KESPONSES INTERROGATORIESINTERROGATORIESPURSUANT TO GENERALORORDDEERR 129 13 on the recipients dosignated on the Transaction Receipt located on the LexisNexis & FileServe 14 website I declare under penalty of perjury pursuant the laws of the State of California 15 that the foregoing is true and correct Executed on this 6th day of August 2010 at Walnut 17 Creek California | 20 Kruurly fi Carter 21 Hani 22 at - PROOF OF SERVICE BY ELECTRONIC TRANSMISSION