Document e5oG76YLMVaVKJgOR5a1YrkOe

'b 1 2 3 4 5 6 7 8 9 10 U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14:34 KMESfl * 17606033701 GABRIEL A. JACKSON. ESQ. (State Bar No 98119) PAUL J. GAMBA, ESQ. (State Bar No. 146097) JACKSON & WALLACE LLP 580 California Street. 15th Floor San Francisco. CA 94104 (415) 982-6300 Attorneys For Defendant KAISER GYPSUM COMPANY. INC. NO.741 P056/099 AUG 0 4 Idas IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCeOS____________ . VERIF__________ LOP____________ IN RE: SAN FRANCISCO COUNTY COMPLEX ASBESTOS LITIGATION No. 828684 TD/TSC . KAISER GYPSUM COMPANY, INC.'S FIRST UPDATED RESPONSES TO PLAINTIFFS5 STANDARD INTERROGATORIES TO DEFENDANTS PROPOUNDING PARTY; Plaintiffs RESPONDING PARTY: Defendant KAISER GYPSUM COMPANY. INC. SET: Standard DATE: July 30,1999 COMES NOW defendant KAISER GYPSUM COMPANY, INC. (hereinafter `'KAISER GYPSUM") and provides the following First Updated Responses to Plaintiffs' Standard Interrogatories To All Defendants propounded pursuant to San Francisco County Complex Asbestos Litigation General Order No. 129: IH /// III III l Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:34 KMESft 17606033701 NO.741 P057/099 I KAISER GYPSUM'S PRELIMINAR* *Y STATEMENT 2 KAISER GYPSUM submits this preliminary statement to memorialize certain 3 steps taken to implement the standard discovery regime adopted pursuant to the revised 4 General Orders filed November IS, 1996, governing asbestos-related personal injury and 5 wrongful death cases filed in San Francisco Superior Court. Under the terms ofGeneral 6 Order No. 129, all defendants must respond to the Plaintiffs' Standard Interrogatories To 7 AH Defendants without objection, even where those interrogatories appear objectionable & under the rules defined by California statutes and appellate precedent. The General 9 Orders do contemplate that plaintiffs' counsel must meet and confer with defendants and 10 consider a specific defendant's concerns with the standard interrogatories as applied to 11 that defendant's factual and litigation circumstances. In KAISER GYPSUM's case, that 12 process proved sufficiently successful that KAISER GYPSUM did not believe it 13 necessary to file a motion seekingjudicial relief from the burdensomeness that would 14 arise in KAISER GYPSUM's circumstances from responding to the literal terms of the 15 discovery. 16 The meet and confer process was structured pursuant to an April 24,1997, letter 17 circulated by plaintiffs' counsel. In accordance with that procedure, KAISER GYPSUM 18 held a meet and confer session with certain plaintiffs' counsel on May 1S, 1997, as 19 contemplated by their April 24,1997, letter. Dunng that session agreements were 20 reached on interpretations ofnumerous specific provisions of the subject standard 21 interrogatories, which have since been concurred in by plaintiffs' counsel that did not 22 attend the May 15,1997, meeting. KAISER GYPSUM's non-pursuit of its 23 bundensomcness objections remains contingent on continued realization ofthe 24 agreements reached at the May 15.1997, meeting. 25 KAISER GYPSUM also stated other objections to the subject Plaintiffs' Standard 26 Interrogatories dunng the course of the proceedings leading ro their adoption. Those 27 objections concerned both the concept of using standard interrogatories for discovery 28 unrelated to the resolution of cases or controversies before the Court, objections to the 2 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:35 KMESfi > 17606033701 .* NO.741 P058/039 1 procedures underlying the development and adoption ofthe standard interrogatories, and 2 objections to specific aspects ofthe standard interrogatories on grounds other than 3 burdensomeness, all ofwhich objections were either accepted or implicitly rejected 4 through adoption ofthe final standard interrogatories. KAISER GYPSUM hereby makes 5 express on the record that by serving its Responses to Plaintiffs' Standard Interrogatories * 6 To All Defendants, KAISER GYPSUM neither intends to nor does it waive its rights to 7 press those objections at an appropriate future opportunity, both in the context ofspecific S cases before the Superior Court and on appellate review. 9 KAISER GYPSUM objects to Plaintiffs' Standard Interrogatories To All 10 Defendants to the extent that they call for information protected by the attorney-client 11 privilege or work-product doctrine. 12 This Preliminary Statement and the objections contained herein are incorporated 13 into each of the responses set below. 14 KAISER GYPSUM'S RESPONSES TO INTERROGATORIES 15 KAISER GYPSUM has not manufactured or marketed any products which 16 contained asbestos as a component since 1976. Accordingly, KAISER GYPSUM'S 17 Responses to Plaintiffs' Standard Interrogatories are based almost entirely on its ongoing 18 review of documents presently available to The Company. These interrogatory responses 19 reflect KAISER GYPSUM'S knowledge at this time and supersede any previous 20 interrogatory answers. KAISER GYPSUM reserves the right to further supplement these 21 responses in the event that more complete or accurate information becomes available. 22 RESPONSE TQ INTERROGATORY NO. 1: 23 Joseph R* Hobby, Vice President, 2680 Bishop Drive, Suite 225, San Ramon, 24 California 94583. 25 RESPQNSKTO INTERROGATORY NO. 2: 26 12/19/80-3/12/87: Assistant Director, Labor Relations, Industrial Relations Department 27 3/13/87-11/30/95: Administrative Manager, 28 Industrial Relations Deportment Kaiser Gypsum's First Updated Responses ro Plaintiffs* Standard Interrogatories to Defendants 14:35 KMESA - 17606033701 NO.741 P059/^39 1 12/1/95-present: Vice President . 2 RESPONSE JO INTERROGATORY NO. 3; 3 KAISER GYPSUM is a corporation. 4 A. KAISER GYPSUM COMPANY, INC. 5 B. Washington. 6 C. KAISER GYPSUM was organized in 1952. Specifically, on June 19, 7 1952, Pcrmanentc Cement Company (later known as Kaiser Cement Corporation) formed 8 a wholly-owned subsidiary named KAISER GYPSUM COMPANY, a California 9 Corporation. , 10 On December 1, 1952, KAISER GYPSUM COMPANY was merged into Pacific II Coast Cement Company, another subsidiary of Permanente Cement Company, and the 12 name ofthe combined company was then changed to KAISER GYPSUM COMPANY, 13 INC. 14 D. KAISER GYPSUM's principal place ofbusiness is located at 3000 Busch 15 Road, Pleasanton, California 94566. 16 E. KAISER GYPSUM has held a certificate of authority to do business in 17 California from 1952 to the present. 18 F. KAISER GYPSUM is a wholly owned subsidiary of Kaiser Cement 19 Corporation, whose principal place ofbusiness is located at 3000 Busch Road, 20 Pleasanton, California 94566. 21 G. 3000 Busch Road, Pleasanton, California 94566 22 RESPONSE TO INTERROGATORY NO. 4: 23 No. 24 RESPONSE TO INTERROGATORY NO. 5; 25 Not applicable. 26 RESPONSE TO INTERROGATORY NO. 6: 27 Not applicable. 28 /// 4 Kaiser Gypsum's First Updated Responses to Plaintiffs* Standard Interrogatories to Defendants 14:35 KMESA * 17606033701 M NO.741 P060/099 1 RESPONSE TO INTERROGATORY NO. 7: 2 Not applicable. 3 RESPONSE TO INTERROGATORY NO. 8; . 4 Not applicable. 5 RESPONSE TO INTERROGATORY NO. 9: 6 Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, California. 7 RESPONSE TO INTERROGATORY NO. XQt 8 A.-C. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, 9 California. 10 RESPONSE TO INIERROGAXQRYNQ, 11: 11 KAISER GYPSUM has no knowledge that it ever employed a company 12 "physician" or "medical director." During the early 1970's, Mr. AJ. Trommershausen, an 13 industrial hygienist, who was not an employee ofKAISER GYPSUM, was retained by 14 KAISER GYPSUM as a consultant to conduct plant inspection and air sampling tests to 25 evaluate and ensure compliance with new U.S. Occupational Safety and Health 16 Administration requirements. 17 RESPONSE TO INTERROGATORY NO. lit 18 Melissa A. Youngman, former Secretary/Treasurer, was deposed on March 4 and 19 5, 1993, in the following cases: Donald Breslin v. Abex, et al., San Francisco County 20 Superior Court, Case No. 943928; Coy Cossey v. Abex, et al.% San Francisco County 21 Superior Court, Case No. 920148; Norma E. Olsen v. Abex, et al.t San Francisco County 22 Superior Court, Case No. 914594; and Ray Parson v. Abex, et al., San Francisco County 23 Superior Court, Case No. 944872. The court reporter was Tooker & Antz, 818 Mission 24 Street, San Francisco, CA 94102. Plaintiff's attorney was Brayton, Harley and Cuxti9. 25 Joseph R. Hobby, Vice President ofKAISER GYPSUM COMPANY, INC., was 26 deposed In the following cases: Leonard R Pacheco v Owens Corning, et al., State of 27 Hawaii, Case No. 97-2517-06, Atkinson-Baker Court Reporters, 53rd Street, Suite 625, 28 San Francisco, California 94103; In Re* Complex Asbestos Litigation, San Francisco .5 Kaiser Gypsum's First Updated Responses to Plaintiffs* Standard Interrogatories to Defendants 14:36 KMESfl 4 17606033701 NO.741 P061/099 1 Superior Court Case No. 828(584, June 4,1998, Tooker & Antz Court Reporters. 2 RESPONSE TO INTERROGATORY NO, 13: 3 A-U. No. 4 V. KAISER GYPSUM was a member of the Gypsum Association. Further 5 details regarding this are unknown as discovery is ongoing. 6 W. KAISER GYPSUM is not aware that any one individual served as its 7 representative to the Gypsum Association. S RESPONSE TO INTERROGATORYHBLlAi 9 A. The precise dates ofKAISER GYPSUM's membership in the Gypsum 10 Association arc unknown. It is believed that such membership extended from the l9S0's 11 to approximately 1977. 12 B. KAISER GYPSUM believes that'it may have occasionally received 13 minutes ofmeetings and other informational literature from the Gypsum Association. 14 C. KAISER GYPSUM is currently unable to locate information regarding the 15 names ofany committee or subcommittee ofwhich it was a member, nor the dates of 16 such committee or subcommittee membership. 17 RESPONSE TO INTERROGATORY NO. 15: 18 A KAISER GYPSUM has no knowledge that it ever received documents 19 containing results or conclusions ofany such studies and/or tests prior to 1973. 20 RESPONSE TO INTERROGATORY NO. 16: 21 A KAISER GYPSUM has no knowledge that it ever received copies or 22 portions ofany such studies and/or tests prior to 1973. KAISER GYPSUM has never 23 been insured by Metropolitan Life Insurance Company. 24 RESPONSE TO INTERROGATORY NO. 17: 25 A. KAISER GYPSUM has no knowledge that it ever received documents 26 containing results or conclusions of the Saranac Laboratory studies or any such studies 27 conducted by any other laboratory prior to 1973. 28 Kaiser Gypsum's first Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:38 KMESft * 17606033701 NO.741 P062/099 1 RESPONSE TO INTERROGATORY NOJISi ' 2 A. KAISER GYPSUM has no knowledge that it ever maintained a library or 3 other company-authorized collection ofprinted material on occupational disease or A asbestos hazards prior to 1973. 5 RESPONSE TO INTERROGATORY NO. 19: 6 A.-B. During the early 1970's, Mr. A.J. Trommershausen, an industrial 1 hygienist, was retained by KAISER GYPSUM as a consultant to conduct plant inspection 8 and air sampling tests to evaluate and ensure compliance with U.S. Occupational Safety 9 and Health Administration requirements. 10 On December 27,1971, KAISER GYFSUM's Commodity Purchasing Manager, n R.W. Grigg (deceased), wrote to each ofKAISER GYPSUM's raw asbestos suppliers. 12 These inquiries included a request for information concerning precautions recommended 13 for handling raw asbestos in KAISER GYPSUM's manufacturing facilities as well as for 14 contractors using and applying asbestos-containing products. 15 In July 1973, KAISER GYPSUM personnel participated in an ad hoc committee 16 formed by the Gypsum Association to consider the implications of 1972 Occupational 17 Safety and Health Administration regulations with respect to the release of asbestos fibers 18 during sanding and mixing ofdry joint compounds. Tests were conducted on behalfof 19 the committee to measure amounts ofasbestos and siliceous dusts generated during 20 mixing and sanding ofjoint compounds on typical jobs. 21 C. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, 22 California. 23 RESPONSE TO INTERROGATORY NO. 20: 24 No. 25 RESPONSE TO INTERROGATORY NO. 21: 26 A.-C. During the early 1970's, Mr. A.J. Trommershausen, an industrial 27 hygienist, was retained by KAISER GYPSUM as a consultant to conduct plant inspection 28 and air sampling tests to evaluate and ensure compliance with U.S. Occupational Safety 7 ICai$r Gypsum's First Updated Responses to Plaintiffs* Standard Interrogatories to Defendants 14:38 KMESfl * 17606033701 0 NO.741 P0S3/099 l and Health Administration requirements. Plant inspection and air sampling tests were 2 conducted at the following California plants: Antioch: 8/71; 4/72 and 7/72; Santa Ana: 3 9/71. The addresses ofthese plants were: Antioch Plant, Wilbur Avenue, Antioch, 4 California; Santa Ana Plant, 1302 Ritchey Street, Santa Ana, California. 5 D. KAISER GYPSUM believes that all such documents regarding its 6 Response to Interrogatory No. 21, ASBESTOS-CONTAXNXNG, have been previously 7 provided to plaintiffs' attorneys. 8 E. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, 9 California. 10 RESPONSE TO INTERROGATORY- NO. 22: 11 A.-E. Other than the plant inspections described in its response to Interrogatory 12 No. 21, KAISER GYPSUM has conducted no such tests. 13 RESPONSE TO INTERROGATORY NO. 23; 14 No. 15 RESPONSE TO INTERROGATORY NO. 24: 16 Beginning in the early 1970's, KAISER GYPSUM began providing medical 17 examinations for those employees involved in the manufacture of asbestos-containing 18 products. 19 A. The examinations included chest x-rays and pulmonary function tests. 20 B. The examinations were mandatory for those employees involved in the 21 manufacture ofasbestos-containing products. 22 C. Yes. 23 D. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, 24 California. 25 RESPONSE TO INTERROGATORY NO. 25: 26 No. 27 RESPONSE TO INTERROGATORY NO. 26: 2E A.-D KAISER GYPSUM is insured under a number ofgeneral corporate 8 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01 14:36 KMESft -> 17606033701 NO.741 P064/099 1 liability insurance policies that were issued by primary insurance camera, including 2 Truck Insurance Exchange, Fireman's Fund, The Home Insurance Company and National 3 Union Insurance Company, which KAISER GYPSUM maintains provide coverage for 4 personal injury claims. Certain policy terms and conditions are subject to disputes 5 between KAISER GYPSUM and its carriers. KAISER GYPSUM also believes that it is 6 insured under a number of excess liability insurance policies that were issued by a 7 number of different insurance camera, including some that may no longer be capable of 8 responding to their obligations. The terms and conditions of these excess policies may be 9 subject to dispute. KAISER GYPSUM has prepared a summary of insurance information 10 in chart form which is attached hereto as Exhibit A. 11 KAISER GYPSUM will supplement this response in the event the circumstances 12 in a particular case may make more detailed information on insurance policies of 13 relevance, taking into account the carrier and dispute resolution status pertaining at that 14 time. 15 RESPONSE TO INTERROGATORY NO. 27: 16 No. 17 RESPONSE TaiNTERROGATORY NO. 28: 18 No. 19 RESPONSE TO INTERROGATORY NO. 29; 20 Not applicable. 21 RESPONSE TO INTERROGATORY NO. 30: 22 A. See response to 30(E) and 30(G). 23 B. No. 24 C. See response to 30(E) and 30(G). 25 D. See response to 30(E) and 30(G). 26 E. Yes. 1952 to 1976 j 27 F. See response to 30(E) and 30(G). 2S G. Yes. 1952 to 1976 9 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:37 KMESfl -> 17606033701 * NO.741 P065/093 ] H. NO. 2 RESPONSE TO INTERROGATORY NO. 3f; l 3 I. Kaiser Gypsum's Business: Gypsum Plaster, Gypsum Lath, and Gypsum WaHhaata -JSQ.totostQS togjL.--.----------------------------------------------------4 5 KAISER GYPSUM was organized by Henry J. Kaiser (1882-1967), the famous 6 industrialist and World War II hero, in 1952 and terminated its United States sales and 7 manufacturing in 1978. Between 1952 and 1978, KAISER GYPSUM'S principal 8 business consisted ofmanufacturing and marketing gypsum plaster, gypsum lath and 9 gypsum wallboard. These products never contained asbestos. The word "gypsum1' is 10 derived from the Greek word "gypso," meaning chalk. Gypsum plaster is sometimes U called Plaster of Paris. Gypsum occurs in nature in rock form, and is found in abundance 12 m Baja California, Mexico. 13 A. WaUboard Joint Compounds - Asbestos Used As A Component 14 When the walls or ceilings of a room are made from gypsum wallboard, large 15 pieces ofwallboard are installed side by side, leaving small spaces where two pieces of 16 wallboard meet. These spaces need to be filled so that they cannot be seen after the .wall 17 is painted or covered with wallpaper. The products used to perform that task are called 18 joint compounds or joint finishing compounds. At the time of use, these joints 19 compounds are thick putty or mud-like substances, which permits them to be pushed into 20 the spaces and smoothed with a putty knife or spatula. Paper or cloth reinforcing tape is 21 pushed into the joint compound to help prevent cracking as the joint compound dries. 22 The joint compound dries to form a hard rock-like substance. 23 KAISER GYPSUM manufactured and marketed such wallboard joint compounds, 24 and prior to the mid-1970's, these joint compounds contained a small percentage of 25 chrysotile asbestos as a component. The purpose of the chrysotile asbestos component 26 was to prevent cracks from forming as the joint compound dried. "Asbestos" is the Greek 27 word for "incombustible," which refers to things that will not bum. Chrysotile is the 2S most common form of asbestos used in products in the United States. Chrysotile is a to . Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 31 14:37 KMESfl -> 17606033701 NO.741 P066/099 1 fibrous rock material derived from the rock "serpentine'.' which is very common in 2 California, where it is the "state rock." 3 These KAISER GYPSUM products were: 4 1. Joint Cement/Joint Compound 5 2. Finishing (Topping) Compound 6 3. 3-Purpose Wallboard Compound 7 4. One-Day Joint Compound 8 5. Pre-mix Joint Compound 9 6. Pre-mix Finishing Compound 10 7.' Pre-mix Dual Purpose Joint Compound 11 8. Pre-mix Topping Compound 12 9. Laminating Compound 13 KAISER GYPSUM's separate responses to interrogatory subpaits (a)-(f) for each 14 of these products are as follows: IS 1. Joint Cement/Joint Compound 16 a. The trade name ofthis product originally was Kaiser Joint Cement; 17 in about 1957 it was changed to Kaiser Joint Compound. 18 b. KAISER GYPSUM marketed Kaiser Joint Cement in 1952, but did 19 not itself manufacture all of the product sold. KAISER GYPSUM does not know 20 whether the non-manufactured product marketed in 1952 contained asbestos as a 21 component. KAISER GYPSUM began manufacturing Kaiser Joint Cement in 1952 or 22 1953, at which time chrysotile asbestos was used as a component. 23 c. KAISER GYPSUM last manufactured Kaiser Joint Compound 24 with chrysotile asbestos as a component in 1975. 25 <L The KAISER GYPSUM California plants that made this product 26 were located at Redwood City and Antioch. These plants were in operation at different 27 times. The product was manufactured at Redwood City from 1952 or 1953 to 1957 and 28 at Antioch from 1957 to 1975. Because of the heavy weight of the product, low profit 11 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Inierroeatories to Defendant*! 14:37 KMESfl -* 17606033701 * NO.741 P067/099 1 margin, and high transportation costs, distribution tended to center around the location of 2 the manufacturing plant. The product consisted primarily of minerals including casein or 3 polyvinyl, clay, rale, limestone, and mica. The product manufactured in KAISER 4 GYPSUM's California plants included between 8% by weight and 16% by weight 5 chrysotile asbestos as a component, depending on the formula in effect at a given date. 6 e. This product was a white to off-white powder. It was packaged 7 and sold in sacks of 10 lbs. to 25 lbs., and in boxes of 5 and 18 lbs. Each container was 8 labeled with the name of the manufacturer, KAISER GYPSUM COMPANY, INC., the 9 name of the product, and directions for its use. 10 f. This product was a dry powder which, when mixed with water, 11 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to 12 fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and 13 finish nail heads and metal comerbead. 14 2. Finishing (loppingUCQmpQund 15 a. The trade name ofthis product was Kaiser Gypsum Finishing 16 (Topping) Compound. 17 b. KAISER GYPSUM began manufacturing Finishing (Topping) 18 Compound in 1955, and chrysotile asbestos was used as a component at that time. 19 c. KAISER GYPSUM last manufactured Finishing (Topping) 20 Compound with chrysotile asbestos as a component in 1975. - 21 d. The KAISER GYPSUM California plants that made this product 22 were located at Redwood City and Antioch. These plants were in operation at different 23 times. The product was manufactured at Redwood City from 1955 to 1957 and at 24 Antioch from 1957 to 1975. Because of the heavy weight ofthe product, low profit 25 margin, and high transportation costs, distribution tended to center around the location of 26 the manufacturing plant. This product consisted primarily of minerals including casein or 27 polyvinyl, clay, talc, limestone, and mica. The product included between 5.3% by weight 28 and 16% by weight chrysotile asbestos as a component, depending on the formula in 12 Kaiser Gypsum's First Updated Responses to plaintiffs' Standard Interrogatories to Defendants 14:37 KMESfl * 17606033701 NO.741 P068/039 1 effect at a given time. * , 2 e. This product was a white to off-white powder. It was packaged 3 and sold in sacks of 25 lbs. Each container was labeled with the name of the 4 manufacturer, KAISER GYPSUM COMPANY, INC., the name ofthe product, and 5 instructions for its use. 6 f. This product was a dry powder which, when mixed with water, 7 formed a thick paste. Upon application U dried to a hard, durable surface. It was used to S top and finish gypsum wallboard joints. 9 3. 3-Purpose WallboardCompound < 10 a. The trade name of this product was Kaiser Gypsum 3-Purpose 11 Wallboard Compound. 12 b. KAISER GYPSUM began manufacturing 3-Purpose Wallboard 13 Compound in 1968, and chrysotile asbestos was used as a component at that time. 14 c. KAISER GYPSUM last manufactured 3-Purpose Wallboard IS Compound with chrysotile asbestos as a component in 1975. 1$ d. The KAISER GYPSUM California plant that made this product 17 was located at Antioch. Because of the heavy weight of this product, low profit margin, 18 and high transportation costs, distribution tended to center around the location ofthe 19 manufacturing plant. This product consisted primarily of minerals including casein or 20 polyvinyl, clay, talc, limestone, and mica. The product included between 5.1% by weight 21 and 14.2% by weight chrysotile asbestos as a component, depending on the formula in 22 use at the time 23 e. The product was a white to off-white powder. It was packaged and 24 sold in sacks of 25 lbs. Each sack was labeled with the name of the manufacturer, 25 KAISER GYPSUM COMPANY, INC., the name ofthe product, and directions for its 26 use. 27 f. This product was a dry powder which, when mixed with water, 28 fornied a chick paste. Upon application it dried to a hard, durable surface. It was used to 13 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:38 KMESA 4 17606033701 a NO.741 P069/099 1 tape, top and finish gypsum wallboardjoints, nailheads, and metal comerbead. 2 4. One-Dav-Joint Compound 3 a. The trade name of this product was Kaiser Gypsum One-Day Joint 4 Compound Powder. 5 b. KAISER GYPSUM last manufactured One Day Joint Compound 6 Powder in 1968, and chrysoule asbestos was used as a component at that time. 7 c. KAISER GYPSUM last manufactured One Day Joint Compound 8 Powder with chrysotiie asbestos as a component in 1975. 9 d. The KAISER GYPSUM California plants that made this product 10 were located at Santa Ana and Antioch. Because of the heavy weight of the product, low 11 profit margin, and high transportation costs, distribution tended to center around the 12 location ofthe manufacturing plant. The product consisted primarily of casein limestone, 13 and mica. The product included 3.4% by weight chrysotiie asbestos as a component. 14 e. This product was a white to off-white powder. It was packaged 15 and sold in sacks of 25 lbs. Each sack was labeled with the name of the manufacturer, 16 KAISER GYPSUM COMPANY, INC., the name ofthe product, and directions for its 17 use. 18 f. This product was a dry powder which, when mixed with water, 19 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to 20 fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and 21 finish nailhead and metal comerbead. 22 5. Pre-Mix Joint Compound 23 a. The trade name of this product was Kaiser Gypsum Pre-Mix Joint 24 Compound. 25 b. KAISER GYPSUM began manufacturing Pre-Mix Joint 26 Compound in 1959, and chrysotiie asbestos was used as a component at that time. 27 c. KAISER GYPSUM last manufactured Pre-Mix Joint Compound 28 with chrysotiie asbestos as a component in 1962. 14 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:33 KMESft - 17606033701 9 NO.741 P070/099 I d. The KAISER GYPSUM California plant that made this product 2 was located at Long Beach. Because of the heavy weight ofthe product, low profit 3 margin, and high transportation cost, distribution tended to center around the location of 4 the manufacturing plant. This product consisted primarily ofminerals including casein or 5 polyvinyl, clay, talc, limestone, and mica. The product included chrysotile asbestos as a 6 component. The percentage presently is unknown. Investigation is continuing. 7 e. This product was a white to off-white colored paste. It was 8 packaged and sold in cans of 4 or 5 gallons and in cartons of 5 gallons. Each container 9 was labeled with the name of the manufacturer, KAISER GYPSUM COMPANY, INC., 10 the name of the product, and directions for its use. n f. This product was a thick paste-iike material which, upon 12 application, dried to a hard, durable surface. It was used to fill gypsum wallboardjoints, 13 embed joint reinforcing tape, finish joints, and to cover and finish nailheads and 14 comerbead. 15 6. ELerMKx..FinisliiBg.Cflmp,oHnd 16 . a. The trade name of this product was Kaiser Gypsum Pre-Mix 17 Finishing Compound. 18 b. KAISER GYPSUM began manufacturing Pre-Mix Finishing 19 Compound in 1959, and chrysotile asbestos was used as a component at that time. 20 c. KAISER GYPSUM last manufactured Pre-Mix Finishing 21 Compound with chrysotile asbestos as a component in 1962. 22 d. The KAISER GYPSUM California plant that made this product 23 was located at Long Beach. Because ofthe heavy weight of this product, low profit 24 margin, and high transportation cost, distribution tended to center around the location of 25 the manufacturing plant. This product consisted primarily ofminerals including casein or 26 polyvinyl, clay, talc, limestone, and mica. The product included chiysotile asbestos as a 27 component. The percentage presently is unknown. Investigation is continuing. 28 e This product was a white to ofT-whitc colored paste. Ic was 15 Katser Gypsum's Firsr Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 31 14:38 KMESfl * 17606033701 NO.741 P071/099 i packaged and sold in cans of 4 or 5 gallons and in cartons of 5 gallons. Each container 2 was labeled with the name ofthe manufacturer, KAISER GYPSUM COMPANY, INC., 3 the name of the product, and directions for its use. 4 g. This product was a thick paste-like material which, upon 5 application, dried to a hard, durable surface. It was used to finish gypsum wallboard 6 joints and to cover and finish nailheads and comerbead. 7 7. Pre-Mix Dual Purpose Joint Compound 8 a. The trade name of this product was Kaiser Gypsum Pre-Mix Dual 9 Purpose Joint Compound. 10 b. ' KAISER GYPSUM began manufacturing Pre-Mix Dual Purpose 11 Joint Compound in 1960, and chiysotile asbestos was used as a component at that time. 12 c. KAISER GYPSUM stopped manufacturing Pre-Mix Dual Purpose 13 Joint Compound with chiysotile asbestos as a component in 1975. 14 d. The KAISER GYPSUM California plants that made this product 13 were located at Long Beach, Antioch and Santa Ana. Because of the heavy weight of the 16 product, low profit margin, and high transportation costs, distribution tended to center 17 around the location ofthe manufacturing plant. This product consisted primarily of 18 minerals including polyvinyl, clay, talc, limestone, and mica. The product included 19 between 1.5% by weight and 6% by weight chiysotile asbestos as a component, 20 depending on the formula in effect at a given date. 21 e. This product was a white to off-white or light buff-colored paste. 22 It was packaged and sold in 5-gallon cans or plastic pails, and 4 or 5-gallon cartons. 23 Beginning in 1966, small amounts were sold in 5-quart plastic buckets as an accommodation product for lumber dealers under the name 3-Purpose Promix Compound. Each container was labeled with the name of the manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and directions for its use. f. This product was a thick paste-like material which, upon application, dried to a hard, durable surface. It was used to finish gypsum wallboard 16 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:38 KMESfi * 17606033701 HO.741 P072/099 1 joints, embed joint reinforcing tape, finish joints, and to, cover and finish nailheads and 2 metal comerbead, 3 8. Pre-Mix Topping Compound 4 a. The trade name ofthis product was Kaiser Gypsum Pre-Mix 5 Topping Compound. 6 b. KAISER GYPSUM began manufacturing Pre-Mix Topping 7 Compound in 1968, and chrysotile asbestos was used as a component at that time. 8 c. KAISER GYPSUM last manufactured Pre-Mix Topping 9 Compound with chrysotile asbestos as a component in 1976. 10 d. The KAISER GYPSUM California plants that made this product II were located at Santa Ana and Antioch. Because of the heavy weight of the product, low 12 profit margin, and high transportation costs, distribution tended to center around the 13 location ofthe manufacturing plant This product consisted primarily of minerals 14 including casein or polyvinyl, clay, talc, limestone, and mica. The product included IS between 0.9% by weight and 2% by weight chtysotile asbestos as a component, 16 depending on the foimula in effect at a given date. 17 e. This product was a white to off-white or light buff-colored paste. 18 It was packaged and sold in metal and plastic buckets of4 or 5-gallons and in cartons of4 19 gallons. Each container was labeled with the name ofthe manufacturer, KAISER 20 GYPSUM COMPANY, INC., the name of the product, and directions for its use. 21 f. This product was a thick paste-like material which, upon 22 application, dried to a hard, durable surface. It was used to top and finish gypsum 23 wailboard joints. 24 9. Laminating Compound 25 a. The trade name ofthis product was Kaiser Gypsum Laminating 26 Compound. 27 b. KAISER GYPSUM began manufacturing Laminating Compound 28 in 1961, at which time chrysotile asbestos was used as a component. 17 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 01 14:39 KMESfl 17606033701 NO.741 P073/099 1 c. KAISER GYPSUM last manufactured Kaiser Gypsum Laminating 2 Compound with chrysotile asbestos as a component in 1972, at which time the product 3 was discontinued. 4 d. The KAISER GYPSUM California plants that made this product 5 were located at Antioch and Santa Ana. These plants were in operation at different times. 6 The product was manufactured at Antioch from 1961 through 1970 and at Santa Ana in 7 1971 and 1972. Because ofthe heavy weight of the product, low profit margin, and high 8 transportation costs, distribution tended to center around the location ofthe 9 manufacturing plant. The product consisted primarily ofsoya flour, and limestone. The 10 product included between 6.5% by weight and 10% by weight chrysotile asbestos as a 11 component, depending upon the formula in effect at a given date 12 e. This product was a white to off-white powder. It was packaged 13 and sold in sacks of 25 lbs. Each container was labeled with the name ofthe 14 manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 15 directions for its use. 16 f. This product was a dry powder, which, when mixed with water, 17 formed a thick paste. It was used as an adhesive to laminate one piece of gypsum 18 wallboard to another, which was occasionally done to create gypsum drywall partitions 19 having thicker wallboard than could be created by a single sheet. 20 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 21 the eight wallboardjoint compound products discussed above are as follows: 22 g KAISER GYPSUM is unsure as to the intended meaning of "The 23 U.S. Government's 'Qualified Products List','1 but has no knowledge that any of its 24 wallboardjoint compound products ever appeared on such a list. 25 h. KAISER GYPSUM is aware of the following suppliers of 26 chrysotile asbestos: 27 Hamson & Crosfield Carmonia Chemical Co. 28 Western Chemical Co. 18 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants ' 14:39 KMESfl 17606033701 NO.741 P074/099 1 Philip Carey Carp. (Carey Canadian Asbestos) Johns-Manyille 2 Union Carbide Coip. E.S. Browning 3 4 Current addresses, if any, are not known to KAISER GYPSUM. Most of the 3 specific time periods during which these firms supplied asbestos are unknown. 6 i. (1 * 3) KAISER GYPSUM sold such products to customers consisting 7 largely ofbuilding contractors or building materials dealers. 8 KAISER GYPSUM has some retained sales orders and sales invoices for some 9 years which identify the purchasers ofKAISER GYPSUM products, the dates ofsale, the 10 amount of each product sold and, in some cases, the sites to which the products were to 11 be delivered. Sales orders and invoices are not organized by type ofproduct (and often 12 individual documents cover sales of multiple products). KAISER GYPSUM has 13 previously made available to plaintiffs attorneys its retained sales records covering sales 14 to customers in the Geographic Area. 15 j. KAISER GYPSUM has previously made available to plaintiffs 16 attorneys responsive documents sufficient to substantiate the above information. 17 KAISER GYPSUM regards and maintains its product formulas as confidential business 18 information. Incidental to the sale ofproduction facilities in which asbestos-containing 19 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 20 intangible property rights, and other confidential and proprietary business information, 21 and assumed obligations to maintain their confidentiality. 22 B. Decorative Texture Finishes For Interior Walls Or Ceilings - Asbestos Used As A Component________ ____________ 23 24 Drywall partitions or walls made from gypsum wallboard are sometimes 25 decorated with wall covering or wallpaper that is fixed to the wall by an adhesive or glue. 26 On other occasions, such walls are finished by painting them. There are many varieties 27 ofpaint, including some that are intended to create a textured surface (rather than a 28 smooth surface). KAISER GYPSUM manufactured and marketed several texture paint 19 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:39 KMESfi - 17606033701 4 NO.741 P075/099 1 products that, during certain years, used chrysotile asbestos as one of numerous 2 components. Drywall ceilings are sometimes finished with decorative products, as are 3 the cement slab ceilings found in some high-rise buildings. KAISER GYPSUM also 4 manufactured and marketed decorative texture products for use on such interior ceilings 5 that, during certain years, used chrysotile asbestos as one ofnumerous components. The 6 KAISER GYPSUM decorative wall and ceiling texture products were: 7 1. Cover-Tex Texture Paint 8 2. Spray-Tex or Spray Cover-Tex Texture Paint 9 3. Kaiser-Tex Texture Paint 10 4. Coyer-Tex (TSS) Wall Texture 11 5. K-Spray Ceiling Texture 12 KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each of these 13 products are as follows: 14 1. Cover-Tex Texture Paint IS a. The trade name of this product was Cover-Tex Texture Paint. 16 b. KAISER GYPSUM marketed Cover-Tex Texture Paint in 1952, 17 but it did not itselfmanufacture all of the product sold. KAISER GYPSUM does not 18 know whether the non-manufactured product marketed in 1952 contained asbestos. 19 KAISER GYPSUM began manufacturing this product in 1953, at which time chrysotile 20 asbestos was used as a component. 21 c. KAISER GYPSUM last manufactured Cover-Tex Texture Paint 22 with chrysotile asbestos as a component in 1967, when the product was discontinued. 23 d. The KAISER GYPSUM California plants that made this product 24 were located in Redwood City and Antioch. These plants were in operation at different 23 times. The product was manufactured at Redwood City from 1953 through 1957 and at 26 the Antioch plant from 1957 through 1967. Because ofthe heavy weight ofthe product, 27 low profit margin, and high transportation costs, distribution tended to center around the 28 location of the manufacturing plant. The product consisted primarily ofcasein, 20 Kaiser Gypsum's Fust Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:40 KMESfl 4 17606033701 NO.741 P076/099 l limestone, and mica. The product included between 4,4% by weight and 8.6% by weight 2 chrysotile asbestos as a component, depending upon the formula in effect at a given date. 3 e. This product was a white to off-white powder. It was packaged 4 and sold in sacks of 25 lbs. and of 50 lbs. Each container was labeled with the name of 5 the manufacturer, KAISER GYPSUM COMPANY, INC., the name ofthe product, and 6 directions for its use. 7 f. This product was a dry powder which, when mixed with water 8 formed a texture paint. It was used to produce texture effects over gypsum wallboard 9 surfaces. 10 2. Sprav-Tex Or Spray Cover-Tex Texture Paint n a. The initial trade name of this product was Spray-Tex. It was later 12 changed to Spray Cover-Tex Texture Paint. 13 b. KAISER GYPSUM last manufactured Spray Cover-Tex Texture 14 Paint with chrysotile asbestos as a component in 1967, when the product was 15 discontinued. 16 d. The KAISER GYPSUM California plants that made this product 17 were located in Redwood City and Antioch. These plants were in operation at different 18 times. The product was manufactured at Redwood City from 1956 through 1957 and at 19 the Antioch plant from 1957 through 1967. Because ofthe heavy weight ofthe product, 20 low profit margin, and high transportation costs, distribution tended to center around the 21 location of the manufacturing plant. The product consisted primarily of casein, 22 limestone, and mica. The product included between 6.6% by weight and 36.6% by 23 weight chrysotile asbestos as a component, depending upon the formula in effect at a 24 given date. 25 e. This product was a white to off-white powder. However, some 26 colored versions of the product were offered. It was packaged and sold in sacks of 25 lbs. 27 and of 50 lbs. Each container was labeled with the name ofthe manufacturer, KAISER 28 GYPSUM COMPANY, INC., the name ofthe product, and directions for its use. 21 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interroeatories to Defendants '01 14:40 KMESA -> 17606033701 a NO.741 P077/099 1 f. This product was a dry powder.which, when mixed with water, 2 formed a texture paint that was used to produce texture effects over gypsum wallboard 3 surfaces. 4 3. Kaiser-Tex Texture Pain! 5 a. The trade name of this product was Kaiser-Tex Texture Paint. 6 b. KAISER GYPSUM marketed Kaiser-Tex Texture Paint in 1952, 7 but it did not itself manufacture all of the product sold. KAISER GYPSUM does not 8 know whether the non-manufactured product marketed in 1952 contained asbestos. 9 KAISER GYPSUM began manufacturing this product in 1952 or 1953, at which time 10 chrysotile asbestos was used as a component. 11 c. KAISER GYPSUM last manufactured Kaiser-Tex texture paint 12 with chrysotile asbestos as a component in 1967, when the product was discontinued. 13 d. The KAISER GYPSUM California plants that made this product 14 were located in Redwood City and Antioch. These plants were in operation at different 15 times. The product was manufactured at Redwood City from 1952 or 1953 through 1957 16 and at the Antioch plant from 1957 through 1967. Because ofthe heavy weight of the 17 product, low profit margin, and high transportation costs, distribution tended to center 18 around the location of the manufacturing plant. The product consisted primarily of 19 casein, limestone, and mica. The product included between 4.0% by weight and 8.0% by 20 weight chrysotile asbestos as a component, depending upon the formula in effect at a 21 given date. 22 e. This product was a white to off-white powder, however, same 23 colored paints were sold It was packaged and sold in sacks of 10 lbs. and of 25 lbs. 24 Each container was labeled with the name ofthe manufacturer, KAISER GYPSUM 25 COMPANY, INC., the name of the product, and directions for its use. 26 f. This product was a dry powder which, when mixed with water, 27 formed a texture paint. It was used to produce texture effects over gypsum wallboard 28 22 Kaiser Gypsum's First Updated Responses to Plaintiffs* Standard Interrogatories to Defendants 14:40 KMESPI - 17606033701 $ NO. 741 P07S/'099 I 4. Cover-Tex fTSSl Walt Texture . * z a. The trade name ofthis product was Kaiser Gypsum Cover-Tex 3 (TSS) Wall Texture Paint. 4 b. KAISER GYPSUM began manufacturing Cover-Tex Wall Texture 5 in 1968, at which time chrysotile asbestos was used as a component. 6 c. KAISER GYPSUM last manufactured Cover-Tex Wall Texture 7 with chrysotile asbestos as a component in 1975. $ d. The KAISER GYPSUM California plants that manufactured this 9 product were Santa Ana and Antioch. The product was manufactured at Santa Ana from 10 1968 through 1975 and at the Antioch plant from 1968 through 1975. Because of the 11 heavy weight of the product, low profit margin, and high transportation costs, distribution 12 tended to center around the location of the manufacturing plant. The product consisted 13 primarily of casein, limestone, and mica. The product included between 4.2% by weight 14 and 8.7% by weight chrysotile asbestos as a component, depending upon the formula in 15 effect at a given date. 16 e. The product was a white to off-white powder. It was packaged and 17 sold in 50 lb. sacks. Each container was labeled with the name ofthe manufacturer, 18 KAISER GYPSUM COMPANY, INC., the name ofthe product, and directions for its 19 use. 20 This was a dry powder which, when mixed with water, formed a 21 paint-like product designed for hand or spray application. When dry, it produced a hard, 22 durable surface. It was used to produce texture effects over gypsum wallboard surfaces. 23 5. K-Sorav Ceiling Texture 24 a. The trade name of this product was Kaiser Gypsum K-Spray 25 Ceiling Texture. 26 b. KAISER GYPSUM began manufacturing K-Spray Ceiling Texture 27 in 1961, at which time chrysotile asbestos was used as a component. 28 c. KAISER GYPSUM last manufactured K-Spray Ceiling Texture 23 Kaiser Gypsum's Fust Updated Responses to Plaintiffs' Standard Interrogatories ro Defendants 06/24/01 14:40 KfESP * 17606033701 NO.741 P079/0S9 J with chrysotile asbestos as a component in 1975. . . 2 d. The KAISER GYPSUM California plants that manufactured this 3 product were Santa Ana and Antioch. The product was manufactured at Santa Ana from 4 1973 through 1975 and at the Antioch plant from 1961 through 1971. Because ofthe 5 heavy weight of the product, low profit margin, and high transportation costs, distribution 6 tended to center around the location ofthe manufacturing plant. The product consisted 7 primarily of casein, limestone, and mica. The product included between 1.3% by weight 8 and 9.9% by weight chrysotile asbestos as a component, depending upon the formula in 9 effect at a given date. . 10 e. The product was a white powder with either a mineral or 11 polystyrene aggregate. It was packaged and sold in 32 lb. sacks. Each container was 12 labeled with the name ofthe manufacturer, KAISER GYPSUM COMPANY, INC., the 13 name of die product, and directions for its use. 14 f. This was a dry powder which, when mixed with water, formed a 15 paint-like product designed for spray application. When dry, it produced a hard, durable surface. It was used to produce texture effects over gypsum wallboard or interior 17 concrete ceilings. 18 KAISER GYPSUM'S responses to interrogatory subparts g.-j. applicable to all of 19 the five decorative texture products discussed above are as follows; 20 g. KAISER GYPSUM is unsure as to the intended meaning of "The 21 U.S. Government's 'Qualified Products List,"' but has no knowledge that any of its 22 decorative texture products ever appeared on such a list. 23 h. KAISER GYPSUM is aware of the following suppliers of 24 chrysotile asbestos: 25 Hanison & Crosfield Carmonia Chemical Co. 26 Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) 27 Johns-Manville Union Carbide Corp. 28 E.S. Browning 24 Kaiser Gypsum's First Updated Responses ro Plaintiffs' Standard Interrogatories to Defendants 14:41 KMESA > 17606033701 ) NO.741 P090X099 l Current addresses, ifany, are not known to KAISER GYPSUM. Most ofthe 2 specific time periods dunng which these firms supplied asbestos are unknown. 3 i. (I - 3) KAISER GYPSUM sold such products to customers consisting 4 largely of building contractors or building materials dealers. 5 KAISER GYPSUM has some retained sales orders and sales invoices for some 6 years which identify the purchasers of KAISER GYPSUM products, the dates ofthe 7 sales, the amount of each product sold, and, in some cases, the sites to which the products 3 were to be delivered. Sales orders and invoices are not organized by type ofproduct (and 9 often individual documents cover sales of multiple products). KAISER GYPSUM has 10 previously made available for inspection its retained sales records covering sales to 11 customers in the Geographic Area. 12 j. KAISER GYPSUM has made available for inspection to plaintiffs' 13 attorneys responsive documents sufficient to substantiate the above information. 14 KAISER GYPSUM regards and maintains its product formulas as confidential business 15 information. Incidental to the sale ofproduction facilities in which asbestos-containing 16 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 17 intangible property rights, and other confidential and proprietary business information, 18 and assumed obligations to maintain their confidentiality. 19 C. Electric Radiant Heath System Finishing Products - Asbestos Used As A Cojnp.pqgfli_____________________ 20 21 In areas where electricity was expected to be particularly inexpensive, some 22 houses and apartments were constructed with electric radiant heating systems. In some 23 such radiant heating systems, grooves were cut in gypsum wallboard ceilings and 24 electrical heating cables secured in the grooves. The groove-cracks were then filled and 25 the ceiling covered with a decorative finish. In other systems, electric heating wires were 26 stapled to the surface of wallboard. Then the ceiling was covered with a thick decorative 27 finish that would conceal the heating wires. KAISER GYPSUM made several products 28 for finishing such systems, and these products used chrysotilc asbestos as one of 25 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants S01 14:41 KMESfi - 17606033701 NO.741 peai/099 1 numerous components. These KAISER GYPSUM products were: 2 1. Filler Compound 3 2. Radiant Heat Compound 4 3. Radiant Heath Scrimless Surfacing Compound 5 KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each ofthese 6 products are as follows: 7 1. Filler Compound 8 a. The trade name of this product was Kaiser Gypsum Filler 9 Compound. 10 b. KAISER GYPSUM began manufacturing Filler Compound in II 1961, at which time chrysotile asbestos was used as a component. 12 c. KAISER GYPSUM last manufactured Filler Compound with 13 chrysotile asbestos as a component in 1972, when the product was discontinued. 14 d. The KAISER GYPSUM California plant that made this product 15 was located at Antioch. It manufactured Filler Compound from 1961 to 1970. Because 16 of the heavy weight ofthe product, the low profit, margin and high transportation costs, 17 distribution tended to center around the location of the manufacturing plant. The product 18 consisted primarily of minerals including limestone, and mica. The product used 19 chrysotile asbestos as a component in its formula, but the amount of asbestos called for m 20 the formula used to manufacture the product at the Antioch plant is uncertain. 21 Investigation is continuing. 22 e. This product was a white to off-white powder. It was packaged 23 and sold in sacks of50 lbs. Each container was labeled which contained the name ofthe 24 manufacturer, KAISER GYPSUM COMPANY, INC., the name ofthe product, and 25 directions for its use. 26 f. This product was a dry powder, which, when mixed with water, 27 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to 28 cover Radian? Heating System ceiling surfaces. 26 Kaucr Gypsum's Ftrsi Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01 14:41 KMESfl -> 17606033701 NO.741 P082/099 1 2. Radiant HeatCompound ,. 2 a. The trade name of this product was Kaiser Gypsum Radiant Heat 3 Compound. 4 b. KAISER GYPSUM began manufacturing this product in 1968, at 5 which time chrysolite asbestos was used as a component 6 c. KAISER GYPSUM last manufactured Radiant Heat Compound 7 with chiysotile asbestos as a component in 1974, when the product was discontinued. 8 d. The KAISER GYPSUM California plant that made this product 9 was located in Santa Ana, where it was manufactured from 1968 through 1974. Because 10 of the heavy weight ofthe product, the low profit margin, and high transportation costs, 11 distribution tended to center around the location of the manufacturing plant. The product 12 consisted primarily ofsand and white Portland cement. The product included between 13 3.3% by weight and 3.6% by weight chrysotile asbestos as a component. 14 e. This product was a white to off-white powder. It was packaged 15 and sold in sacks of 60 lbs. Each container was labeled with the name of the 16 manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 17 directions for its use. 18 f. This product was a dry powder, which, when mixed with water, 19 formed a thick paste that was used to cover radiant heating cables stapled to ceiling 20 surfaces. 21 3. Radiant HeatSerimless Surfacing Compound 22 a. The trade name ofthis product was Kaiser Gypsum Radiant Heat 23 Scrimless Surfacing Compound. 24 b. KAISER GYPSUM began manufacturing this product in 25 California in 1972, at which time chrysotile asbestos was used as a component. 26 c. KAISER GYPSUM last manufactured Radiant Heat Scrimless 27 Surfacing Compound with chrysotile asbestos as a component in 1974, when the product 28 was discontinued. 27 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants '01 14:41 KMESfl 17606033701 NO.741 P083/099 I d. The KAISER GYPSUM California plant that made this product 2 was located in Santa Ana, where it was manufactured from 1972. Because of the heavy 3 weight ofthe product, the low profit, margin and high transportation costs, distribution 4 tended to center around the location ofthe manufacturing plant. The product consisted 5 primarily of sand, silica, flour, and mica. The product included 5% by weight chrysotilc 6 asbestos as a component. 7 e. This product was a greenish powder. It was packaged and sold in 8 sacks of 25 ibs. and in sacks of 50 lbs. Each container was labeled with the name of the 9 manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and 10 directions for its use. It f. This product was a dry powder, which, when mixed with water, 12 formed a thick paste that was used to cover radiant heating cables embedded in ceiling 13 surfaces. 14 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 15 the three radiant heating system surfacing products discussed above are as follows: 16 g. KAISER GYPSUM is unsure as to the intended meaning of "The 17 U.S. Government's 'Qualified Products List,"' but has no knowledge that any ofits radiant 18 heating system surfacing products ever appeared on such a list. 19 h. KAISER GYPSUM is aware of the following suppliers of 20 asbestos: 21 Harrison & Crosfield Cannoma Chemical Co. 22 Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) 23 Johns-Manville Union Carbide Corp. 24 E.S. Browning 25 Current addresses, if any, are not known to KAISER GYPSUM. Most of the 2fi specific time periods during which these firms supplied asbestos are unknown. 27 i. (1 - 3) KAISER GYPSUM sold such products to customers consisting 28 largely of building contractors or building materials dealers. 28 Kaiser Gypsum's First Updated Responses to Plaintiffs* Standard Interrogatories to Defendants 14:42 KMESfl -> 17606033701 NO.741 P0B4/039 1 KAISER GYPSUM has some retained sales orders and sales invoices for some 2 years which identify the purchasers ofKAISER GYPSUM products, the dates of the 3 sales, the amount ofeach product sold, and, in some cases, the sites to which the products 4 were to be delivered. Sales orders and invoices are not organized by type of product (and S often individual documents cover sales of multiple products). KAISER GYPSUM has 6 previously made available to plaintiffs attorneys its retained sales records covering sales 7 to customers in the Geographic Area. 8 j. KAISER GYPSUM has previously made available to plaintiffs 9 attorneys responsive documents sufficient to substantiate the above information. 10 KAISER GYPSUM regards and maintains its product formulas as confidential business M information. Incidental to the sale ofproduction facilities in which asbestos-containing 12 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 13 intangible property tights, and other confidential and proprietary business information, 14 and assumed obligations to maintain their confidentiality. 15 D. Gypsum Wallboard Accessories For Exterior Use - Asbestos Used As ACffmppnsnt________________ ____ 16 17 KAISER GYPSUM experimented with gypsum wallboard products for use on the 18 exterior surfaces ofbuildings, but those products proved unsuccessful. KAISER 19 GYPSUM never discovered a way for them to be manufactured that would allow them to 20 effectively withstand the widv! variety ofweather and temperature conditions that extenor 21 products confront. Those exterior gypsum products were marketed in several test areas 22 and, as in the case of interior gypsum drywail products, required the use ofmaterials to 23 fill the spaces between pieces ofgypsum wallboard and to provide a decorative finish. 24 KAISER GYPSUM offered products for those purposes whose components included 25 small percentages of chrysotile asbestos. These products were: 26 1. X-Terior Premix Prefill Compound 27 2. X-Tenor Premix Wall Texture Compound 28 KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each of these 29 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard interrogatories to Defendants 0 14:42 KMESfi 4 17606033701 NO.741 P085/099 1 products are as follows: , 2 1. X-Terlor Premia Preflll Compound 3 a. The trade name ofthis product was Kaiser Gypsum X-Terior 4 Premix Prefill Compound. 5 b. &c. KAISER GYPSUM began and ceased marketing this product 6 during 1975. Chrysotile asbestos was used as a component for the brief period during 7 which this product was manufactured. 8 d. The KAISER GYPSUM California plant that made this product 9 was located at Antioch. The product was marketed m a limited market area where 10 exterior gypsum wallboard was being sold on a test basis. Kaiser Gypsum X-Terior 11 Premix Prefill Compound was made primarily of raw gypsum, PVA emulsion, and mica. 12 The product included 1.5% by weight chrysotile asbestos as a component. 13 e. This product was a white to off-white paste. It was packaged and 14 sold in metal cans and plastic buckets of 60 lbs., and in cartons of 48 lbs. and 60 lbs. 15 Each container was labeled with the name of the manufacturer, KAISER GYPSUM 16 COMPANY, INC., the name of the product, and directions for its use. 17 f. This product was a paste that was used to pre-fill joints in gypsum IS wallboard installed on building exteriors. 19 2. X-Terior Premix Wall Texture Compound 20 a. The trade name of this product was Kaiser Gypsum X-Terior 21 Premix Wall Texture Compound. 22 b. &c. KAISER GYPSUM began and ceased marketing this product 23 during 1975. Chrysotile asbestos was used as a component for the brief period during 24 which this product was manufactured. 25 d. The KAISER GYPSUM California plant that made this product 26 was located at Antioch. The product consisted primarily of limestone, acrylic emulsion, 27 and mica. The product included 1.5% by weight chrysotile asbestos as a component. 28 e. The product was a white to off-white paste. It was packaged and 30 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:42 KMESA 4 17606033701 * NO.741 P086/099 1 sold in 58 lb. metal cans, plastic buckets and cartons. Bach container was labeled with 2 the name of the manufacturer, KAISER GYPSUM COMPANY, INC., the name of the 3 product, and directions for its use. 4 f. This product was a white to off-white paste that was used to 5 provide surface texture to gypsum wallboard on building exteriors. 6 KAISER GYPSUM's responses to interrogatory subpans g.-j. applicable to the 7 two exterior finishing products discussed above are as follows: 8 g. KAISER GYPSUM is unsure as to the intended meaning of "The 9 U.S. Government's 'Qualified Products List,"' but has no knowledge that any of its 10 exterior finishing products ever appeared on such a list. 11 h. KAISER GYPSUM is aware ofthe following suppliers of 12 chrysolite asbestos: 13 Harrison & Crosfield Carmonia Chemical Co. 14 Western Chemical Co. Philip Carey Corp. (Carey Canadian Asbestos) 15 Johns-Manville Union Carbide Corp. 16 E.S. Browning 17 Cunrent addresses, if any, are not known to KAISER GYPSUM. Most of the 18 specific time periods during which these firms supplied asbestos are unknown. 19 i. (I - 3): KAISER GYPSUM sold such products to customers consisting 20 largely ofbuilding contractors or building materials dealers. 21 KAISER GYPSUM has some retained sales orders and sales invoices for some 22 years which identify the purchasers ofKAISER GYPSUM products, the dates of the 23 sales, the amount of each product sold, and, in some cases, the sites to which the products 24 were to be delivered. Sales orders and invoices are not organized by type ofproduct (and 25 often individual documents cover sales of multiple products). KAISER GYPSUM has 26 previously made available to plaintiffs attorneys its retained sales records covering sales 27 to customers in the Geographic Area. 28 j. KAISER GYPSUM has previously made available to plaintiffs 31 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01 14:43 KMESfi > 17606033701 NO.741 P087/099 1 attorneys responsive documents sufficient to substantiate the above information. 2 KAISER GYPSUM regards and maintains its product formulas as confidential business 3 information. Incidental to the sale of production facilities in which asbestos-containing 4 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 5 intangible property rights, and other confidential and proprietary business information, 6 and assumed obligations to maintain their confidentiality. Consistent with those property 7 rights and obligations, KAISER GYPSUM is prepared to produce the formulas for 8 asbestos-containing products marketed in the Geographic Area under a confidentiality 9 agreement. 10 1L Products Made At Kaiser Gypsum's Oregon Plant 11 From 1956 to 1978, KAISER GYPSUM owned and operated a plant located at Sl 12 Helens, Oregon whose basic capability was to make building construction products by 13 compressing wood fibers extracted from wood chips to make various types of sheets and 14 boards used in constructing buildings. 15 The overwhelming majority of the products KAISER GYPSUM made at its 16 Oregon plant were sold with the trademark "Fiitex.N No product sold under this trade 17 name ever used asbestos as a component. 18 Firtex products also included materials intended for use on ceilings. One type 19 was tiles that could be glued or tacked to ceilings to reduce noise. Another group ofsuch 20 products was used in suspended ceilings. KAISER GYPSUM found that the 21 manufacturing machinery at its St. Helens, Oregon plant could be used to make ceiling 22 tiles and lay-in boards for suspended ceilings with various types of mineral wool as the 23 principal component (instead of wood chips). KAISER GYPSUM marketed such "Kaiser 24 Gypsum Mineral Fibreboard" products for many years. KAISER GYPSUM never used 25 asbestos as a component in any ofits 1 -hour fire-rated products. 26 A. Two-Hour Fire-Rated Mineral Fiberboard, Underwriters' Laboratories. Inc. Design - Asbestos U&edLAs_A Component 27 26 Fire code officials came to insist that in some types of buildings ceiling tiles or 32 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01 14:43 KMESfi 17606033701 NO.741 P08B/099 1 suspended ceiling lay-in boards must be able to resist fire for at least 2 hours. KAISER 2 GYPSUM attempted to qualify mineral fiberboard products manufactured at its St. 3 Helens, Oregon plant under this standard, but initial efforts proved unsuccessful. This 4 was because under the fire heat of test conditions, the square or rectangular mineral 5 fiberboard products would lose their shape in less than 2 hours, creating cracks between 6 the pieces that would let the fire through, causing the products to fail the test. Eventually, 7 KAISER GYPSUM discovered that ifsmall amounts of asbestos were added, the mineral 8 fiber ceiling tiles and tay-m boards could be made to hold their shape for 2 hours under 9 the conditions ofEre tests conducted by Underwriters Laboratories, and those versions of 10 the products received the desired 2-hour Ere resistance classification. KAISER a GYPSUM marketed the 2-hour fire-rated products, called "Underwriters' Laboratories 12 Design" for about a decade, but the product was not very successful due in part to its high 13 costs. 14 KAISER GYPSUM's responses to interrogatory subparts a.-j. for this minor 15 product are as follows. 16 a. The trade name of this product, a mineral fiber product, was Kaiser 17 Mineral Fiberboard - U.L. Fire-Rated (Underwriters' Laboratories, Inc. Design). The 18 same product was cut into ceiling tiles and lay-m boards for use in suspended ceilings. It 19 was used for acoustical ceiling tile and suspended lay-m board in circumstances where a 20 2-hour fire resistance classification was specified. Both the ceiling tiles and the lay-in 21 boards were sold under the trade name "Kaiser Mineral Fiberboard-U.L. Fire-Rated 22 (Underwriters' Laboratories, Inc. Design)." 23 b. KAISER GYPSUM began manufacturing Mineral Fiberboard-U.L 24 Fire-Rated with chrysotile asbestos as a component in 1963. 25 c. KAISER GYPSUM last manufactured Mineral Fiberboard-U.L. 26 Fire-Rated with chrysotile asbestos as a component in 1974, when the 2-hour fire-rated 27 product was discontinued. 28 d. The plant that made this product was located at St. Helens, Oregon. 33 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:43 KMESft - 17606033701 t NO. 741 P0S9/'099 1 This product included 1.6% by weight chrysotile asbestos as a component. 2 e. This product consisted of ceiling tiles and lay-in boards with face 3 side white or colored, and with a perforated or fissured design for acoustical treatment. 4 The tiles were 5/8" by 12" by 12." The lay-in boards came in various sizes, the most 5 common being 1/2" or 5/8" by 24" by 24" and 1/2" or 5/8" by 24" by 48." They were 6 packaged and sold in boxes ofvarious quantities. The boxes contained the name of the 7 manufacturer, KAISER GYPSUM Company, Inc., the name of the product, and other 8 printed material. KAISER GYPSUM's 2-hour fire-rated ceiling tiles and suspended 9 ceiling lay-in board products (in which chrysotile asbestos was used as a component) 10 were required to be specially marked because they looked similar to other KAISER 11 GYPSUM mineral iiberboard ceiling tiles and lay-in boards (that did not contain asbestos 12 as a component) and building inspectors wanted to be able to check to make sure that 13 products with a 2-hour Ere resistance classification actually were being used by the 14 building contractor when those had been specified. It is believed that 2-hour fire-rated 15 ceiling tile and suspended ceiling lay-in board were stamped on the back with either the 16 initial "KG" or the word "KAISER GYPSUM." It is believed that this marking was 17 employed during the entire penod that the 2-hour fire-rated products were manufactured IS by KAISER GYPSUM. 19 f. This product was used for acoustical ceiling tile and suspended 20 lay-in board in circumstances where a 2-hour fire resistance classification was specified. 21 g. KAISER GYPSUM is unsure as to the intended meaning of "The 22 U.S. Government's 'Qualified Products List,'" but has no knowledge that any of its 2-hour 23 fire-rated mineral fiberboard products ever appeared on such a list. 24 h. KAISER GYPSUM is aware of the following suppliers of 25 chrysotile asbestos to its St. Helens* Plant: 26 Loomis Chemical Co. Benson Chemical Co. 27 28 Current addresses, IF any, arc not known to KAISER GYPSUM. Most of the 34 Kaiser Gypsum's First Updated Responses to PlamtifFs' Standard Interrogatories to Defendants 0S/24/01 14:43 KMESfl 4 17S0G033701 NO.741 P090/099 1 specific time periods during which these firms supplied asbestos are unknown. 2 i. (I - 3) KAISER GYPSUM sold such products to customers consisting 3 largely ofbuilding contractors or building materials dealers. 4 KAISER GYPSUM has some retained sales orders and sales invoices for some 5 years which identify the purchasers of KAISER GYPSUM products, the dates of the 6 sales, the amount ofeach product sold, and, in some cases, the sites to which the products 7 were to be delivered. Sales orders and invoices are not organized by type of product (and 8 often individual documents cover sales of multiple products). KAISER GYPSUM has 9 previously made available to plaintiffs attorneys its retained sales records covering sales 10 to customers in the Geographic Area. l! j. KAISER GYPSUM has previously made available to plaintiffs 12 attorneys responsive documents sufficient to substantiate the above information. 13 KAISER GYPSUM regards and maintains its product formulas as confidential business 14 information. Incidental to the sale ofproduction facilities in which asbestos-containing 15 products were previously manufactured, KAISER GYPSUM transferred its trade secrets, 16 intangible property rights, and other confidential and proprietary business information, 17 and assumed obligations to maintain their confidentiality. 18 m. Types of Products Kaiser Gvpsum Never Made And Never Marketed 19 KAISER GYPSUM has never mined, milled, or marketed asbestos. KAISER 20 GYPSUM never designed, manufactured, or marketed any product in which amosite, 21 erocidolitc, or other amphibole forms of asbestos were used as a component. KAISER 22 GYPSUM never designed, manufactured, or marketed floor tile, pipe insulation or pipe 23 covering, refractory products, boiler insulation, acoustical plaster, sprayed fireproofing, 24 or sprayed thermal insulation products. KAISER GYPSUM never designed, 25 manufactured, or marketed any sort ofbrake products. It never designed, manufactured, 26 or marketed paper products, textile products, or roofing products in which asbestos was 27 used as a component. KAISER GYPSUM never designed, manufactured, or marketed 28 any products intended for use m ships or shipyards, or any products intended for use in 35 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01 14:44 KMESA 4 17606033701 *i NO.741 P091/099 1 trains or other railroad equipment or railroad facilities 2 IV. Null-A-Fire Type-X Gypsum Wallboard - Allegedly Contaminated Vermiculite Ore---------11--------------------------------------------------------------3 4 This part ofKAISER GYPSUM's response, though not directly called for by the 5 subject interrogatories, is being made in light of earlier versions of KAISER GYPSUM's 6 responses to standard interrogatories and evolving knowledge, in the context ofhistorical 7 regulatory uncertainties about whether vermiculite ore used as a component in some 8 Kaiser Gypsum Null-A-Fire Typc-X Gypsum Wallboard products which may have been 9 contaminated in a way that caused certain workers to be exposed to airborne "asbestos." 10 KAISER GYPSUM's position is that ne Kaiser Gypsum Null-A-Fire Typc-X Gypsum 11 Wallboard using vermiculite ore as a component could have been a substantial 12 contributing factor to any disease caused by exposure to airborne asbestos fibers. 13 As background, in 1954, KAISER GYPSUM introduced Null-A-Fire brand 14 wallboard, a 5/8" thick gypsum wallboard that was approved by the Research Committee 15 of the Pacific Coast Building Officials Conference and certified by the National Board of 16 Fire Underwriters for a one-hour rating. Wallboard products that were fire-rated were 17 labeled as 'Type X" to distinguish them from ordinary gypsum wallboard products that 18 had not passed fire-rating tests. 19 When introduced in 1954, the primary component of KAISER GYPSUM's Null20 A-Fire wallboard was gypsum stucco, which is the gypsum plaster that forms the greatest 21 percentage by weight of ail gypsum wallboard. KAISER GYPSUM found that, by 22 adding small proportions of glass fiber ami perlite, a board could be constructed that 23 would resist shrinking and cracking under the heat of the fire test for the required one24 hour period. Perlite is a very light substance, white in color, that looks like puffed 25 breakfast cereal. It is often used in soil for potted plants to help keep the soil from 26 caking. 27 KAISER GYPSUM continued to market its Null-A-Fire Type X Gypsum 28 Wallboard products that contained perlite for more than a decade following their 36 Kaiser Gypsum's First Updated Responses to Plaindfts' Standard Interrogatories to Defendants 06/24/01 14:44 KMESA 17606033701 NO.741 P092/099 1 introduction in 1954. . 2 Until 1965, KAISER GYPSUM could not use vermiculite to provide fire 3 protection in gypsum wallboard because other companies had secured patents from the 4 United States government which gave them exclusive rights to use vermiculite in their 5 gypsum wallboard products. In 1965, KAISER GYPSUM began using vermiculite in its 6 wallboard products to provide increased protection against fire. Vermiculite is a mica 7 like mineral found in the ground in a number ofplaces. Such expanded vermiculite is 8 used by nurseries everywhere to help hold air and moisture in plant soil so that young 9 plants will grow faster and stronger. >0 Once fire-rated and approved, KAISER GYPSUM began marketing vermiculite- 11 containing gypsum wallboard under its Null-A-Fire brand. KAISER GYPSUM 12 manufactured limited quantities of Vzn Null-A-Fire Type X Wallboard beginning in 1967, 13 and began manufacturing 5/8" Null-A-Fire Type X Wallboard in 1969. It continued to 14 market such products until it disposed ofthe last of its gypsum business in April 1978. 15 Like other wallboard products, those Null-A-Fire wallboards consisted primarily of 16 gypsum plaster. The formulas varied over the years, but the vermiculite ore percentage 17 did not exceed 4% by weight of the products. 18 Controversy concerning vermiculite reflects the regulatory proposals published 19 and regulations adopted by the U.S. Occupational Safety and Health Administration 20 ("OSHA"). OSHA is a U S. government agency, created by federal legislation in 1970, 21 that adopts and enforces workplace safety and health regulations. OSHA has been 22 controversial from the beginning. California's parallel state program was terminated 23 several years ago. 24 The federal OSHA undertook to regulate exposure to "asbestos" in the workplace 25 as one of its first regulatory undertakings, and OSHA adopted regulations on asbestos in 26 1972. In due course, OSHA began to threaten manufacturers who used various 27 substances other than asbestos with charges ofviolating the OSHA asbestos exposure 2$ regulations. This triggered a long-lasting legal and scientific dispute concerning what 37 Kaiser Gypsum's Fust Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01. 14:44 KMESPI > 17606033701 NO.741 P093/099 1 minerals are "asbestos" for purposes of the OSHA regulations and what minerals should 2 be regulated like asbestos even if they are not asbestos. 3 In that context, vermiculite supplier W.R. Grace & Co. (hereinafter "Grace") 4 issued an "Important Notice to Vermiculite Ore Processors," dated March 17, 1976, 5 warning that "employers ofworkers handling vermiculite ore" should be "aware of the 6 OSHA regulations," because QSHA was applying them to Grace vermiculite plants and 7 proposed to make the regulation ofdust more strict under the regulations. Grace stated 8 that the issues related to vermiculite reflected a "tramp" mineral "found in vermiculite 9 deposits" named "fremolite, defined by OSHA as one ofthe asbestos family." Disputes 10 over these OSHA proposals persisted for years. Then, on June 20, 1986, OSHA 11 published in the Federal Reaster (at 51 Fed. Reg. 22612) a "final rule" that defined 12 "asbestos" to include "tremolite" and applied asbestos exposure limits and warnings to 13 tremolite. However, shortly thereafter those regulations were "stayed," that is, nal made 14 effective, by OSHA as to tremolite and several other minerals to prevent the federal 15 courts from deciding whether the regulations were "arbitrary and capricious." (See 51 16 Fed. Reg. 37002; Oct. 17, 1986.) The scientific and regulatory debate continued for years 17 until OSHA published regulations in 1992 (57 Fed. Reg. 24310; June 8,1992) declaring 18 that some tremolite is "piaty," or non-fibrous, and that "platy tremolite" would not be 19 deemed to be asbestos. 20 However, OSHA found other tremolite was fibrous or "asbestiform" and that such 21 "asbestiform tremolite" would be regulated as asbestos. OSHA further limited these 22 regulations by providing that even products with asbestiform tremolite would not be 23 subject to asbestos regulation ifasbestiform tremolite "is present in a product in 24 concentrations less than 1.0 percent by weight." 25 KAISER GYPSUM admits that, for a limited number of years, some of its Null26 A-Fire products contained vermiculite, but KAISER GYPSUM denies that these products 27 contained asbestiform tremolite. KAISER GYPSUM further contends that any attempt 23 under state law to deem any products that have less than the amount that would subject 38 Kaiser Gypsum's Fust Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01 14:45 KMESA -> 17606033701 NO.741 P034/099 them to federal regulation to be asbestos-containing products would be preempted by 2 federal law and the Supremacy Clause of the U.S. Constitution. 3 RESPONSE TO INTERROGATORY NO. 32: 4 Not applicable. 5 RESPONSE TO INTERROGATQRY-NO. 33i 6 Not applicable. 7 RESPONSE TO INTERRO.GAILOJaCNO. 34i 8 Not applicable. 9 RESPONSE.TO INTERROGATORY NO. 35; 10 KAISER GYPSUM is unaware of entering into any such rebranding agreements. It RESPONSE TO INTERROGATORY NO. 36: 12 During 1952, KAISER GYPSUM purchased Joint Cement, Cover-Tex Texture 13 Paint, and Kaiser-Tex Texture Paint from Wesco Waterpaints, Inc., then located in 14 Berkeley, California, that was packaged under KAISER GYPSUM's name. It is unknown 15 to KAISER GYPSUM whether asbestos was used as a component ofthose products. 16 During December 1953, KAISER GYPSUM entered into an agreement with Wesco 17 Waterpaints, Inc., then located in Berkeley, California, to purchase Joint Cement, 18 Topping Compound and Texture Paint packaged under KAISER GYPSUM's name for a 19 period of90 days. It is unknown to KAISER GYPSUM whether any products purchased 20 had asbestos as a component. KAISER GYPSUM has no information demonstrating that 21 any product obtained from Wesco Waterpaints, Inc. was an asbestos-containing product 22 KAISER GYPSUM knows of no other agreement entered by it that provided for 23 rebranding any product ofanother company's which may have been an asbestos24 containing product in KAISER GYPSUM's name for sale in California. 25 RESPONSE TO INTERROGATORY NO. 37: 26 Yes, as to products marketed in 1972 or thereafter. 27 A. Beginning in 1972, in response to regulations adopted by the U.S. 28 Occupational Safety and Health Administration (see 37 Fed. Reg. 11318, June 7, 1972), 39 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01 14:45 KMESfl > 17606033701 NO.741 P095/0S9 1 KAISER GYPSUM affixed caution labels to the packages and containers ofits asbestos- 2 containing products. The OSHA regulations requiring this label were made subject to the 3 limitation that "no label is required where asbestos fibers have been modified by a 4 bonding agent, coating, binder, or other material so that during any reasonably 5 foreseeable use, handling, storage, disposal, processing, or transportation, no airborne 6 concentrations of asbestos in excess of the exposure limits prescribed in paragraph B- of 7 this section will be released." In light ofthen-existing ambiguities as to what tests OSHA S would recognize as adequate to demonstrate a product's falling within this exception, 9 KAISER GYPSUM applied the caution label to all its then-manufactured products in 10 which chrysotile asbestos was used as a component. 11 Initially, the labels were four inches by eight inches in size and had yellow 12 backgrounds with red letters. They were affixed to the bag or container ofthe product by 13 adhesive in a prominent place. Later, as new bags and containers were purchased, the 14 labels were printed onto the side ofthe bag or container and are believed to have been the 15 same color or colors as the bag/comainer or the printing thereon. The wanting label as 16 prescribed by OSHA read: . 17 CAUTION: contains asbestos fibers; avoid creating dust; breathing asbestos dust may cause serious bodily harm. 18 19 Additionally, KAISER GYPSUM Technical Bulletins 5703-A, dated October 20 1973, and 5707, dated October 1973 and November 1976, prescribed the use of 21 respirators during spray application. 22 B. Yes. 23 C. Beginning in 1972; exact date unknown. 24 D. This caution label remained unchanged dunng the remaining time the 25 products upon which it was used continued to contain asbestos as a component. 26 E. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, 27 California. 28 Ill 40 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants '01 14:45 KMESA - 17606033701 NO.741 P096/099 1 RESPONSE TO INTERROGATORY.NQ,-3.ft . 2 Moat ofKAISER GYPSUM's products were sold in the form ofa powder or 3 paste; therefore, the name ofthe company was on the packaging of the product. 4 However, KAISER GYPSUM's 2-hour fire-rated ceiling tiles and suspended ceiling lay5 in board products (in which asbestos was used as a component) were specially marked 6 because they looked similar to other KAISER GYPSUM Mineral Fiberboard ceiling tiles 7 and lay-in boards (that did not contain asbestos as a component) and building inspectors 8 wanted to be able to check to make sure the 2-hour fire-rated products actually were 9 being used by the building contractor when those had been specified. It is believed that 10 each piece of 2-hour fire-rated ceiling tile and suspended ceiling lay-in board was II stamped on the back with either the initial "KG" or the word "KAISER GYPSUM." Such 12 marking was employed during the entire period that the 2-hour fire-rated products were 13 manufactured by KAISER GYPSUM. 14 RESPONSE TO INTERROGATORY NO. 39: 15 KAISER GYPSUM has no knowledge that it ever purchased or otherwise 16 acquired an asbestos-containing product line from another person or entity. 17 RESPONSE TO INTERROGATORY NO. 40; 18 KAISER GYPSUM has no knowledge that it ever sold an asbestos-containing 19 product line to another person or entity. 20 RESPONSE TO INTERROGATORY NO. 41: 21 A.-C. KAISER GYPSUM has retained a number ofbrochures, pamphlets, 22 catalogs, and other product information documents. Many of these documents discuss 23 both asbestos-containing products and other products, and many of the documents are 24 similar. KAISER GYPSUM has previously made representative documents available to 25 plaintiffs attorneys. 26 D. To provide potential users of such products with information about the 27 products. 28 E. Some of these documents still exist. 41 Kaiser Qvpsum's Firsr Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 06/24/01 14:45 r KMESft -> 17606033701 NO.741 P097/099 1 F. See response to A. - C. . 2 G. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, 3 California. 4 RESPONSE TO INTERROGATORY NO. 42; 5 The interrogatories define "contract unit" to "mean a branch or division ofa 6 defendant which has been or is now engaged in installation and/or removal of'raw 7 asbestos fibers' and/or 'asbestos-containing products."' KAISER GYPSUM never had S such a unit 9 RESPONSE TO INTERROGATORY NO- 43i 10 Not applicable. 11 RESPONSE TO INTERROGATORY NO.44: 12 In the mid to late 1960's, KAISER GYPSUM became generally aware from 13 media, industry, and governmental publications ofallegations that inhalation of asbestos 14 fibers could have potential health consequences. 15 RESPONSE TO INTERROGATORY NO, 45: 16 See Response to Interrogatory No. 44. 17 RESPONSE TO INTERROGATORY NO. 46: ia KAISER GYPSUM has previously made documents containing the information 19 requested available to plaintiffs attorneys. ' 20 RESPONSE TO INTERROGATORY NO. 47; 21 Beginning in the mid 1960's, KAISER GYPSUM warned its employees 22 concerning the hazards ofinhaling asbestos dust or fiber and its employees were given 23 additional instructions regarding the use of respirators and other methods ofavoiding or 24 limiting inhalation of asbestos. 25 A. Memoranda distributed to safety supervisors advised the use of approved 26 respirators during exposure to asbestos dust. 27 B. Yes. 2S C. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, 42 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants '01 14:46 KMESA 4 17606033701 MO.741 P098/099 1 California. .* 2 D, See response to subpart A. 3 RESPONSE TO INTERROGATORY NO. 48: 4 KAISER GYPSUM has no knowledge ihat it ever issued such a policy. 5 RESPONSE TO INTERROGATORY NO. 49: 6 Yes. See Responses to Interrogatory Nos. 37 and 47. 7 RESPONSE TO INTERROGATORY NO^&h 8 Yes. 9 A. 29 CFR 1910.93(e). 10 B. November 2,1973 11 C. OSHA. 12 D. Unknown. 13 E. KAISER GYPSUM believes the conditions alleged to be violations were 14 changed in a mariner satisfactory to OSHA. IS RESPONSE TO INTERROGATORY NO. 51: 16 Not applicable. 17 RESPONSE TO INTERROGATORY NO. 52; 18 Not applicable. 19 RESPONSE TO INTERROGATORY NO. S3; 20 Yes. 21 A. KAISER GYPSUM shipped asbestos-containing products through pons 22 located in the Geographic Area. 23 Ill 24 III 25 in 26 III 27 III 28 /// 43 Kaiser Gypsum's First Updated Responses to Plaintiffs' Standard Interrogatories to Defendants 14:46 KMESfl * 17606033701 r NO.741 P099/099 1 B.-D. KAISER GYPSUM sales orders and sales invoices show that asbestos2 containing products were shipped through the following berths located in the Geographic mj Area during the years 1968 through 197S: Matson Contract Yard; Matson Lines Dock; 4 Matson Lines, Berth 208; Peters/Matson; Peters/NML; Delta Terminal, Richmond; Berth 5 154; Terminal 1, Berth 3; Encinal Terminal; San Francisco; 9th Avenue Pier, Oakland; 6 and Berth 0,7th Street, Oakland. 7 8 Dated: August 3_, 1999 JACKSON & WALLACE up 9 10 11 By. 12 KAISER GYPSUM COMPANY, INC. 13 14 r WOMEVFWMAll.vKAlSeR.'WIUSrOteEVCOim.TOKO 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44 Kaiser Gvosum's First Undated R^wnrwe in piiinnfv, * t,,*. ...