Document gE5g6dx1bGqwOjVra3GDnp0RQ

FILE NAME: Kaiser Gypsum (KG) DATE: 1986 DOC#: KG042 DOCUMENT DESCRIPTION: Legal - Responses to Interrogatories 1 PATRICK J . HAGAN, ESQ. CURTIS A. CANFIELD, ESQ. 2 KINCAID, GIANUNZIO, CAUDLE & HUBERT 200 Webster Street 3 Oakland, CA 94607-0828 (415) 465-5212 4 Attorneys for Defendants, KAISER CEMENT CORPORATION 5 and KAISER GYPSUM COMPANY, INC. 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 9 DEPARTMENT 5 10 IN RE: 11 COMPLEX ASBESTOS LITIGATION _________ _____________________ / 12 13 14 NO: 1327 KAISER CEMENT CORPORATION AND KAISER GYPSUM COMPANY, I N C 'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO DEFENDANTS. 15 16 PROPOUNDING PARTY 17 RESPONDING PARTY 18 SET 19 DATE 20 Plaintiffs, Defendants, KAISER CEMENT CORPORATION KAISER GYPSUM COMPANY,INC STANDARD FEBRUARY 12, 1986. 21 COME NOW Defendants KAISER CEMENT CORPORATION (herein 22 after "KAISER CEMENT") and KAISER GYPSUM COMPANY, INC. (herein 23 after "KAISER GYPSUM") and in answer to the Standard Interrog 24 atories propounded by Plaintiffs state as follows: 25 KINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation 26 27 By: CURTIS" A 28 :io, *T zT sa -- r INTRODUCTORY NOTE 2 In order to answer these Interrogatories, answering 3 defendants conducted a thorough search of their existing 4 records and interviewed present and past employees of KAISER 5 CEMENT and KAISER GYPSUM. The following answers are based 6 upon information presently known. Discovery is continuing 7 and defendants reserve the right to supplement their answers 8 whenever additional and more accurate information becomes 9 known. . 10 Many of plaintiffs' Interrogatories asked defendants to 11 identify or attach documents. Many of the records and docu 12 ments requested are available and now in the custody of 13 KAISER CEMENT or KAISER GYPSUM. However, many documents 14 and records predating 1968 have either been destroyed, 15 discarded or misplaced and are therefore unavailable. Of 16 course, defendants will permit plaintiffs to inspect and copy 17 any non-privileged, relevant business records still in their 18 possession, upon reasonable notice. The business records of 19 KAISER CEMENT and KAISER GYPSUM are located at 100 Webster 20 Street, Oakland, California. . 21 GENERAL OBJECTIONS ` 22 KAISER CEMENT and KAISER GYPSUM object to these Interr 23 ogatories to the extent that they call.for information protected 24 by the attorney/client privilege of work product doctrine. 25 , Responding to these Interrogatories is not intended to 26 be and does not constitute a waiver of any objections. 27 //// 28 /// zio. :rt - - 2 - ;T 1TOC f. f ! 's y 1 ANSWER: 2 1. 3 (a) Donna M. Anderson; 4 (b) KAISER CEMENT CORPORATION, 300 Lakeside ' 5 Drive, Oakland, California 94612; (c) Assistant Secretary of both KAISER CEMENT 7 and KAISER GYPSUM. 8 (d) M s . Anderson was first employed by KAISER CEMENT 9 on May 20, 1975 as a Secretary. She was an Executive Secretary 10 from 1977 - June, 1979, when she was elected Assistant Secretary 11 of KAISER CEMENT. She was first employed by KAISER GYPSUM in 12 June 1979 upon her election as Assistant Secretary of that 13 company as well. 14 A N S W E R : ' 15 2. Both KAISER CEMENT and KAISER GYPSUM are corporations. 16 KAISER CEMENT ~ - 17 (a) KAISER CEMENT CORPORATION: 18 (b) Delaware; 19 (c) March 16, -1982 [KAISER CEMENT a California 20 Corporation was originally incorporated 2/10/39. Through a 21 reincorporation merger, effective May 4, 1982, that company 22 was merged with a Delaware corporation of the same name which had 23 been incorporated in Delaware 3/16/82.] 24 (d) 300 Lakeside Drive, Oakland, California 94612 25 (e) Yes, 1939 to present; 26 (f) Yes. CT Corporation, whose address is known 27 to plaintiffs' attorney. 28 (g) Not applicable; ' ' - 3- 1 KAISER GYPSUM 2 (a) KAISER GYPSUM COMPANY, INC. 3 (b) Washington; 4 (c) November 28, 1927; __ - " 5 (d) KAISER GYPSUM no longer actively conducts any 6 business, but the corporate headquarters are located at 300 7 Lakeside Drive, Oakland, California. 8 (e) Yes, 1952 to present; 9 (f) Yes. C.T. Corporation, whose address is known 10 to plaintiffs' attorney. (g) KAISER GYPSUM is a wholly owned subsidiary of 11 12 KAISER CEMENT. 13 ANSWER NO. 3 ; 14 'KAISER CEMENT 15 , 16 Yes. Permanente Cement Company, 1939 to 1964, KAISER CEMENT & GYPSUM CORPORATION, 1964 to 1979. 17 KAISER GYPSUM 18 NO. 19 ANSWER NO. 4 : . 20 KAISER CEMENT . 21 Yes. ' ' 22 (a) Henry J. Kaiser Company; (b) As of August 1, 1952, KAISER CEMENT purchased for 23 cash from Henry J. Kaiser Company the business and certain 24 assets of a division of that company engaged in the manufacture 25 26 of wallboard and related gypsum products.. 27 (c) Certain joint compounds and texture paints may have 28 //// 4 1 contained small amounts of asbestos at the time of such 2 acquisition and contained asbestos for limited periods of 3 time therafter. 4 KAISER GYPSUM ' 5 No. 6 ANSWER NO. 5 ; 7 KAISER CEMENT 8 NO. 9 KAISER GYPSUM 10 NO. 11 ANSWER NO. 6 : ' 12 Objection; vague, ambiguous and overly broad. Without 13 waiving these objections, the defendants answer as follows: 14 (a) The sales and purchase records of both KAISER CEMENT 15 and KAISER GYPSUM relating, to sales and purchase made during 16 the years in which each company's products contained asbestos 17 which are still in existence are located at 100 Webster Street, 18 Oakland, California. Other corporate records of both KAISER 19 CEMENT and KAISER GYPSUM are located at 300 Lakeside Drive, 20 Oakland, California. * 21 (b) The custodian of records for both KAISER CEMENT and 22 KAISER GYPSUM'S corporate records is CLIFF W. ROGERS, Manager, 23 Administrative Services, KAISER CEMENT CORPORATION, 300 24 Lakeside Drive, Oakland, California. 25 ANSWER NO. 7 : 26 KAISER CEMENT 27 (a) through (h) : No. 28 KAISER GYPSUM - 5- to ** # 1 (a) through (h): No. 2 ANSWER NO. 8: 3 KAISER CEMENT KAISER GYPSUM 4 (a) Y e s . 1960 to 1977. (a)' Y e s . 1953 to 1978. 5 (b) N o . (b) No . 6 (c) Y e s . See 8(a) above. (c) Yes . See 8 (a) , above. 7 (d) Y e s , See 8(a) , abo v e . (d) Yes. See 8(a) , abo v e . 8 (e) Y e s . See 8(a) , a b o v e . Ce) Y e s . See 8(a) , a b ove. 9 (f) Yes. See 8(a) , above. (f ) Yes. See 8(a) , above. 10 (g) Y e s . See 8(a) , abo v e . Cg) Y e s . See 8(a) , above. 11 ANSWER NO. 9 ; 12 Non-applicable for both. KAISER CEMENT and KAISER GYPSUM. 13 ANSWER NO. 1 0 ; 14 (a) Please refer to Exhibit A, attached hereto. 15 (b) 16 I. Information unavailable. 17 II. Information unavailable. 18 III. Please refer to Exhibit A, attached hereto for 19 relevant dates. 20 (c) ' u 21 I. Please refer to Exhibit A, attached hereto for 22 relevant dates. 23 II. Non-applicable. ' 24 (d) Objection: this sub-part is burdensome and 25 harasang. Answering defendant's products were produced at 26 various manufacturing facilities in different regions of the 27 United States. The percentage of asbestos and other materials 28 used in the manufacture of these products varied according to 6 - 1 ^ 1 the region in which the product was manufactured. To attempt 2 to provide exact figures for each product produced at each 3 manufacturing facility would be inordinately burdensome. In 4 lieu of a detailed answer and without waiving said objections 5 answering defendants volunteer the following general information. 6 KAISER CEMENT PRODUCTS: 7 Kaiser Plastic Gun Cement and Kaiser Plastic Cement (hand) 8 were composed primarily of powdered Portland Cement. Additionally, 9 each of these products contains small amounts of asbestos in the 10 percentages listed on Exhibit A. Kaiser Masonry Cement was compos< 11 primarily of Portland Cement, Additionally, this product contained 12 approximately .4% asbestos. 13 KAISER GYPSUM PRODUCTS: 14 Joint compounds were composed of finely ground materials 15 including casein, clay, talcs, limestone and mica. In addition, 16 each of these products contains small amounts of asbestos in the 17 percentages listed on Exhibit A. 18 Kaiser Texture Paints were composed primarily of casein, 19 limestone and mica. In addition, these products contained small 20 amounts of asbestos in the percentages listed on Exhibit A. 21 Kaiser Mineral Fiberboard was composed primarily of 22 various wood fibers, clays, starch ancl mineral wool. In addition, 23 this product contained approximately 1.6% asbestos. 24 KAISER GYPSUM Null~A--Fire Wallboard was composed primarily 25 of gypsum, glass fiber and paper fiber. Vermiculite was also addec 26 to it. 27 All KAISER GYPSUM products except KAISER GYPSUM Null-A-Fi. 28 Wallboard contained the chrysotile type of asbestos. KAISER GYPSUI Null-A-Fire Wallboard contained a very small amount of 7 i r / \ "T/ 1 Tremolite which was totally encapsulated in the Vermiculite. 2 Answering defendant believes that KAISER CEMENT products 3 contained the chrysotile type asbestos. However, answering 4 defendant reserves the right to supplement this answer if 5 additional information is obtained. In addition, answering 6 defendant understands that contractors typically mixed the KAISER 7 CEMENT products with three to five parts by weight of sand so 8 that the percentage of asbestos was less than 1% in the product 9 actually applied. 10 (e) Please refer to Exhibit A, attached hereto. 11 (f) Please refer to Exhibit A, attached hereto. 12 Additionally, answering defendants do not believe that their 13 products were subject to temperature limitations. However, 14 discovery is continuing, and answering defendants reserve the 15 right to supplement their answer if additional information 16 becomes k n o w n . 17 (g) Objection: Vague, ambiguous, burdensome and irrelevant. 18 Without waiving these objections, defendants answer as follows; 19 Unknown. 20 (h) Raw asbestos for KAISER CEMENT products was purchased from 21 the following sources: 22 Pacific Asbestos C o r p ., Copperopplis, CA 23 Asbestos Bonding Corp., Division of Shute Corp., 24 N a p a , CA 25 Paul W. Wood (address not known) 26 Canadian Johns-Manville (address not known) 27 John K. Bice Company, Inc. (address unknown) 28 E. S. Browning Company (address unknown) - 8 1 Atlas Asbestos Company (address unknown) 2 Hill Brothers (address unknown) 3 //// . 4 /// " 5 /// 6 /// 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /7 / . 14 /// 15 /// 16 /// 17 /// 18 /7 / _ 19 /// ' - 20 /// - 21 /// 22 /// . 23 /// 24 /// 25 /// 26 /// 27 /// . 28 /// ) ^ 1 Raw Asbestos for KAISER GYPSUM products was purchased 2 from the following sources: 3 Western Chemical Company, Los Angeles, California 4 Philip Carey Corp., (Carey Canadian Asbestos), P.O. 5 Box 15070, Cincinnati, Ohio 45215 6 Johns-Manville Sales Corp. (address unknown) 7 Union Carbide Company (address unknown) 8 The "time period of such supply" is unknown to answering 9 defendants. 10 (i) Neither KAISER CEMENT nor KAISER GYPSUM has ever 11 sold any products containing asbestos to shipyards. KAISER 12 CEMENT sold products containing small percentages of asbestos 13 to a large number of non--governmental customers in California, 14 Arizona and Nevada from 1960 to 1977. KAISER GYPSUM sold 15 products containing small percentages of asbestos to a large 16 number of non-governmental customers in the Western United 17 States, Texas and East Coast States from 1953 to 1978. The 18 sales records for KAISER CEMENT and KAISER GYPSUM have not 19 always been kept in a systematic or organized manner. 20 Further, most KAISER CEMENT and KAISER GYPSUM records pre 21 dating 1968 have either been destroyed, discarded or mis 22 placed. For the years 1968 through 1977, KAISER CEMENT and 23 KAISER GYPSUM have approximately eight hundred Bekins boxes 24 filled with individual sales orders and invoices which are 25 not categorized in any particular fashion other than by year. 26 To provide the specific information which has been requested 27 would require extracting and compiling data fran approximately 28 eight hundred Bekins1 boxes. This would be excessively 9 1 burdensome and oppressive. Upon reasonable notice, counsel 2 for plaintiff may review any such non-privileged documents 3 at 100 Webster Street, Oakland, California. 4 (j) Please refer to answer to Sub-part (i), above. 5 The present custodian of defendant's sales records is 6 Cliff Rogers, Manager, Administrative Services, KAISER 7 CEMENT CORPORATION, 300 Lakeside Drive, Oakland, California. 8 ANSWER NO. 1 1 : 9 Unknown as to both KAISER CEMENT and KAISER GYPSUM. 10 ANSWER NO. 1 2 ; 11 Neither KAISER CEMENT nor KAISER GYPSUM entered into 12 any such rebranding agreements. 13 ANSWER NO. 1 3 : 14 Non-applicable. See Answer to Interrogatory No. 12, 15 above. _ . . 16 ANSWER NO. 1 4 : 17 For both KAISER CEMENT and KAISER GYPSUM, the answer 18 is No, not to defendants' knowledge. ` 19 ANSWER NO. 1 5 : ' 20 Yes. Beginning in 1972, warning labels were placed on 21 containers of all products manufactured by both KAISER CEMENT 22 and KAISER GYPSUM, which contained asbestos. 23 (a) These labels were approximately 4" x 8" in size 24 and were brightly colored. They were prominently displayed 25 on the side of each can or bag or product. Labels were never 26 placed on the products themselves, since most the products 27 came in the form of either powder or paste. The warning read 28 as follows: "Caution: contains asbestos fiber; avoid 10 S. " 1 breathing dust; breathing asbestos dust may cause serious 2 bodily harm." (See Exhibit 'B' attached hereto). 3 (b) 1972 until the products no longer contained asbestos. 4 (c) The warnings were never altered, amended or changed. 5 ANSWER NO. 1 6 : Non-applicable. 7 ANSWER NO. 1 7 ; . 8 KAISER CEMENT 9 the name, trademark, etc. of KAISER CEMENT never 10 appeared on any of its products themselves because these 11 products were sold in the form of powder. 12 KAISER GYPSUM 13 Most KAISER GYPSUM products were sold in the form of 14 either powder or paste. The name and trade mark of KAISER 15 GYPSUM was placed on only KAISER GYPSUM Null-A-Fire Type X 16 Wallboard, a product which contained a minute asbestos impurtiy 17 in one of its components. The name "KAISER GYPSUM" and the 18 trade name "Null-A-Fire Type X" appeared on the edge of each 19 sheet of such wallboard. KAISER. GYPSUM Null-A-Fire Wallboard 20 contained the name and trademark of its manufacturer during 21 the entire time in which it was produced (1969 through 1978). 22 Obviously, the purpose of such markings was to provide 23 the user with information regarding the type of product and 24 its manufacturer. 25 ANSWER NO. 1 8 : ' 26 KAISER CEMENT 27 Harlan C. Dupuis, Katherine Maksim v. Fibreboard, San 28 Francisco Superior Court, No. 768674, April 16, 1985. 11 - 1 James R. Latshaw, David Littleton v. A B E X , Alameda Superior 2 Court, No. 588440-3, September 26, 1985 3 KAISER GYPSUM 4 None. 5 ANSWER NO 1 9 ; 6 Other than as stated in Answer to Interrogatory No. 4, 7 No, for both KAISER CEMENT and KAISER GYPSUM. 8 ANSWER NO. 2 0 : 9 Objection: overly broad, burdensome and harassing. 10 Without waiving these objections, defendants answer as 11 follows. Both KAISER CEMENT and KAISER GYPSUM have a large 12 number of "brochures, pamphlets, catalogs" and other product 13 listings. Many of these documents do not differentiate 14 between asbestos containing products and non-asbestos 15 containing products and many of the documents are' repetitious. 16 For these reasons, rather than attempt to identify each 17 individual document, answering defendants will make all 18 relevant files available for inspection at KAISER CEMENT'S 19 headquarters, 300 Lakeside Drive, Oakland, California. 20 (a) See above. * + 21 (b) For KAISER CEMENT products; between 1960 and 22 1977; for KAISER GYPSUM products, between 1953 and 1978. 23 (c) See answer to sub-part (b), above. 24 (d) To provide the users with information about 25 the products. 26 (e) Some of these documents still exist. 27 (f) At KAISER CEMENT'S headquarters, 300 Lakeside 28 Drive, Oakland, California. 12 - 1 (g) Cliff W. Rogers, Manager, Administrative Servi 2 300 Lakeside Drive, Oakland, California. 3 ANSWER NO. 2 1 : ' 4 Non-applicable in that neither KAISER CEMENT nor KAISER 5 GYPSUM ever distributed raw asbestos fibers. 6 ANSWER NO. 2 2 ; 7 Not to the knowledge of either KAISER CEMENT or KAISER 8 GYPSUM. 9 ANSWER NO. 2 3 ; 10 Neither KAISER CEMENT nor KAISER GYPSUM had contract 11 units. 12 ANSWER NO. 2 4 ; 13 Non-applicable. 14 ANSWER NO. 2 5 : 15 Both KAISER CEMENT and KAISER GYPSUM had liability 16 insurance during the period of time either of these entities 17 manufactured or sold any asbestos containing product. 18 ANSWER NO. 2 6 ; 19 Please refer to Exhibit Cj attached hereto. 20 21 22 23 24 25 26 27 28 13 VERIFICATION The undersigned says: I am an officer, to-wit, Assistant Secretary of defendants, KAISER CEMENT CORPORATION and KAISER GYPSUM COMPANY, INC., herein; the foregoing document is true of my own knowledge, except as to the matters which are therein stated on my information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury that the foregoing 10 is true and correct. 11 Executed this day of h -e. _________ / 1985, 12 at Oakland, California. 13 14 15 DONNA M. ANDERSON 16 17 18 19 20 21 22 23 24 25 26 27 28 * % . * . VICTOR .IQ, ESQ. . X THOMAS r . CASTLEj ESQ, . KINCAID, QIANUNZXO# CAUDLE HUBERT ' z 100 Webster S tr e e t, Suit. 300 . Oakland, C aliforn ia 94607-3789 1 Telephones (415) 465-5212 HAGENBAUGH t MtJRPHY 4 1301 Meet Second S tre e t 5 `Los Angeles, CA 90026 Telephones (213) *24-9861 6 Attorneys for Defendant KAISER CEMENT CORPORATION 7 i f 10 H IS 13 14 41 13 SUPERIOR COURT OF CALIFORNIA, COUNT! OF SAN DIESO In theMatter of SAN DIEGOASBESTOS LITIGATION __________________________ 1 ) NO. 481189 ) KAISER CEMENT CORPORATION ) ANSWERS TO PLAINTIFFS' STANDARD FIRST SET OF INTERROGATORIES GENERAL OBJECTIONS KAISER CEMENT. CORPORATION responds to these interrogatories 16 subject to the general and specific objections previously raised 17 by it and other defendants. Responding to said interrogatories 18 . 19 _ 20 21 22 . 23 _ 24 25 26 27 ' 28 r ) / esmpm IMUkl. tAMUNt! C M I K I M Uf 4 wmsiMt ttm. Met lOftMH |Mt I M V t w r f $TICT u u jm s. A ( 4M , ** . Ji * is not intended to be and does not constitute a waiver of any 4 objections. . . . t KAISER CEMENT CORPORATION further objects to these inter rogatories to the extent they call for information protected by the attorney-client, privilege or work-product doctrine. Because the answers to numerous interrogatories require the identification of documents, KAI S E R .CMENT CORPORATION has indica ted it will make said responsive documents available for the inspection of plaintiffs at the office of KINCAID, GIANUNZIO, CAUDLE & HUBERT, in Oakland, California. Some of these documents are responsive to a particular, request while others are too i lama & Addx^uss of Insurer . , ,E Fp.ire0m.an-B'oxa F3u3n9d5 ,Insur.ance co. 3 San Francisco, CA 94119 4 Trans Continental CNA Plata . 6 Chicago, 111. 60685 `;"y Policy Number Sc ; . XLX1269069 .. XLX129069. * XLX1372713 ' . ' MB06496626 6 Lloyds Underwriters LUS 1294 C.T. Bowring 6 C o . , Ltd. , LUS 1324 7 The Bowring Bldg., Tower Plaza LUS 1325 London, EC3P 3BE LUS 1326 I England . LUS t.b.d. 9 Landmark Insurance . FS4001206 3550 Wilshire Blvd. ' .FE4001234 10 Los Angeles, CA 90010 1 11 Industrial Indemnity JE8312723 . P.O. Box 3660 . 12 San Francisco, CA 994120 13 Mutual Fire Marine &.Inland Ins. Co. EL104518 ' 1200 Three Parkway 14 Philadelphia, PA 19102 -ELI04678 ' 13 Old Republic P. 0. Box 789 11 Greenburg, PA 15601 02X12430 17 It 19 20 21 22 23 24 25 26 27 28 i JNtIC ISRT COMP. Harbor Insurance Co. P. 0, Box 54201 Loa Angeles, CA 90054 HI163638 . Twin City Fire Insurance Co. Hartford Pla2 a Hartford# Conn. 06115 TXS100347 4* a. Product . Trade Hama Approximate par- | centage of asbestoi. Joint Compound Xaisar Joint' Compound 6.8% to 10.4% i . n ' Finishing Compound 3.71 to 11 % ' ! * One Day Joint Com ! . . pound '' ' 3.31 to 3.41 i Three Purpose Com- .. i pound 4.8% to 4.9% < Dual Purpose Premix | Joint Compound 1.5% to 5,91 : Pra Mix Topping i Compound ' .$% to 1.05% The above variations in asbestos content depend on the producing 4 I plant. ThU-^above product* .in additiort^ . . ' ' , . . .bastes art cmpoted . * .2 primarily of finely ground materials, including casein, clayf 3 tales/ limestone and miea% : . . ' ? t 4 5 Texture Paint , Kaiser Cover-Tax Wall ` 4% to 7% Texture . * K-Spray Ceiling 1.3% to 6.8% Texture I The above variation* in asbestos content depend on the producing T plants The above products are composed primarily of casein, ft limestone, mica. f 10 Pire Rated Gypsum Kaiser Nuii-A-Fire less than Wallboard .5% II 12 The Gypaum rated wallboard is composed'1 primarily of 13 Gypsum and glass fiber and paper fiber% 14 Pire Rated Mineral 1.5i* Fiber Board* 13 The above mineral fiber board is composed primarily of II 17 various wood fibers, clays, starch, and mineral wool. 18 Plastic Cement ' 1% to 5% 19 Masonry Cement i 41 ` 20 The above cement products are composed primarily of Portlanc 21 Cement with small amounts of asbestos and other lubricating, agent: 22 23 24 23 26 ' 27 b<> Joint Compounds and Texture Paints Fire Rated Gypsum Wallboard . Fire Rated Mineral- Fiber Board Plastic Cement . Masonry Cement . ' 1953 - 1976 1969 - 1978 1964 - 1973 1960 - 1973 1960 - 1962, 1970 - 1977 c. See 4(b) . '' 'd. Kaiser Cement corporation believes the type of asbestos 28 used was chrysotile. . '' CAI. UMUNSie CAVOLI HVOIfTf IM i r a i W U V U H . jais turns mruARt Mwmrnuiur. anus. a mm; Him Mtti ' ' 5- 1 . compound, finishing 'f. } 'id, one-day }oint^*. 2 compound* three purpose compound and coyer.-1ex wall texture t Whit " 5 to off-white.powder.^ . . ' / _ . . 4 Duel purpose pre-mix joibt compound and pre-mix topping 5 compoundt. White to off-white or light, huff colored paste. I K-Spray ceiling'texture: White powder with polystyrene 7 aggregate. 8 Fire rated gypsum wallboard * 1/2" or 5/8" thick x 4 9 wide x 8' to 10' long sheets (commonly known as sheetrock) . 10 Fire rated mineral fiber board 3 1/2", 5/8" and 3/4" n thick x 12" or 24" wife x 12" , 24" , 48" or 60" long sheets, with 12 face side white in color and perforated or fissured design on 13 face side for acoustical treatment. ' 14 15 cement. Plastic and masonry cement * Gray, powdered Portland s . A 16 f , joint compounds and texture paints were used for finish 1? ing joints and surfaces of gypsum wallboard used for interior wal 18 and ceilings. 19 i Fire1rated gypsum wallboard was used for interior walls 20 and ceilings. 21 Fire rated mineral fiber board was used for accoustical 22 ceiling tile lay-in board and partition sound deadening board. 23 Plastic cement is used to make stucco for the axtarior 24 of houses and other buildings. ' 25 Masonry cement is used in masonry mortar in building 26 construction. _ ' 27 ***** , ' 28 ********** , > AUStJE & HUSSAT a m r t s M * c * m . jMt 10*M t W W itswmn# ttn sf M H O * * . A t # 841II Mill - 6- - 1 9* ..aiser K-Spray Calling ,Tf;;V- '* B May 17r 1974 and October 3, 1975. 2 . c, In May, 1974 the relative.'amounts of the various 3 4 Ingredients'were altered. Thie primarily involved a decrease . Ln- the use of tale and an increase in the use of clay Hydrite. 5 rhe change in October, 1975 primarily involved the elimination of 6 ? asbestos. 8 d % The May 17, 1974 change was undertaken- to improve workability and customer acceptance. The October 13, 1975 10 alteration was undertaken to eliminate asbestos from the pro 11 duct *e composition. 12 , io. KAISER CEMENT CORPORATION does not fully understand 13 this interrogatory in that interrogatory 8 made no mention of 14 any testing of products. KAISER CEMENT CORPORATION has run tests 15 over the years during the development of products to determine 16 their workability characteristics, No tests were performed on 17 the above-mentioned products relating to the omission of asbestos 18 fibers from the product during use, .manufacture, fabrication or 19 handling, ' t ' 20 11, See answer to interrogatory 8 and 10 above. . 21 12, See answer to interrogatory 8, 9 and 10 above 22 13, Ye*, t ' 23 a. . .(1) Kaiser joint and Finishing Compounds ' 12) Kaiser Texture Paints ' 24 (3) Kaiser K-Spray Ceiling Texture ' . (4) Kaiser Null-A-Fire Wallboard . 85 "7 ' 15) Kaiser Accouatical. Mineral Fiber Board - ` . (6) Permanente Plastic Cement 26 17) Permanente Masonry Cementv 27 26 tfNSII mr conh m st m st itsr is b. .Items (1) , (2) and (3) above: asbestos was eliminated from the product in 1976, and manufacture of the pro- - 8- 1<) * i \ PRE-MIX rt* -- - . # LT it; . ki " 'Julr u JOINT I mpound 3 HJHIPSEOP HtoPUCT 1t " uuxsnmm Of WCUUCT LIST OP inuAK.Tii fumi/ KAISt* GYI : OOMOSrTlOX lint and HinrcwuHnaai Ml Joint Qoepcund- wy Kwdes Kaiser finishing (Topping) Cespewid Kaiser 0M-0ay Joint Oespomd talsss Sttutpbas Oospound kaiss? Ptc-feis Joint Used to fill gypsum board joints, anted joint reinforcing tap, finish joints and to coyer and finish naiiheads and gsetal ccrnerbead. White to off-white powder. Packaged and sold in sacks of 25 to 50 lbs. Used to top and finish gypsum board joints. Used to.fill gjpsum board joints, embed Joint reintorcing tape, finish joints and to cover and finiti) nailhead and #*til comerbead. Used to tape, top and finish gypsum board joints, naiiheads and smtal cornerbead. Used to fill gypsum board joints, embed Joint reinforcing tape, finish joints and to cover and finish naiiheads and cotnetbead. Milts to off-whits or light buff colored paste. Packaged and sold in buckets ranging from 12 to 2 lbs., and in cartons of 5 to SO lbs. Used to top and finish gypsum board joints ' Primarily finely ground materials including casein, clay, talcs, limestone and mica. The asbestos used in this product uas dirysotile. I Oui Purpose m-fU* is" 5 Used to fill gypsum board joints, embed joint reinforcing' tape, finish joints and to cover and finish naiiheads and metal cornerbead. T: ( Miite to off-whits or light buff colored paste. Packaged and sold, in buckets ranging from 12 to 42 lbs., and in cartons of 5 to 56 Iba. Primarily finely ground materials including casein, clay, talcs, limestone and mica. It* asbestos used in this product was dirysotile. (LMA1NH*. K ANV, INC. (Pago 1 of 2} % ASBtSIOS (Appro*. I KEARS Ujm'AINlHU ASBESTOS if) PLANTS WHH4B HAHUPACWHBO*** REGION OP DISTRIBUTION^*> 6.8-10.41 1951-75 3.7-11* 3.3-3.4* 1961-75 1968-75 Sant An ( c a l i f . S Antioch ( O l l f . 1 Seattle (Marti.i Delanco (Mm Jersey) Jacksonville (Pte.l All western states including Hawaii and Alaska, Hew England, and all east coast states. 4.8-4.9* 1969-75 1. 5*6* 1960-75 1.5-6* 1569-75 1960-73 4 </v Sant M e (Calif Antioch (Calit.) Seattle (H Oelanoo (M Jacksonville (Pla. 9 All western states Includlnf Hawaii and Alaska. New England, and all east coast states. / A ) I.IST OF mOI* ViNlAINING ASBESTOS Miiiiinrwcfiirf'd l/y KA1SFH U J U UT IDHK JUAHON*1> raopocr/iRADi. n a m e KJHEOSE OF PRODUCT DiSCKI prion of mtiiuci Kaiser Plastic U m Cesnent , _ ' Used to Bake stucco for tl>e exterior of houses and other buildings (applied by gun) Gray colored powder, Packaged and sold in sacks ot varying sizes and also in bulk. Raiser plastic Gwent . . (Hand! Used to make stucco for the exterior of houses and other buildings (applied maiiUally with a trowel). Kaiser Honry Oewmt Used in masonry mortar in building construc tion. ODWOSIIION % ASBESTOS (Approx.) Primarily powdered port land cement. The asbestos used in this product as chrysotile., 2-5k Ol 1-5* !3) Primarily Portland cement. The asbestos used in this product was chrysotile. 0.4% <3> YEARS teBESTOS0 t21 ' PUW1S WHERE MANUFACTURED*2) REGION OF DIS'imUUTlON121 1960-74 Permanente (calif.) Cushtnbury (Calif.) Northern and Southern California 1961-73 1972-77 Permanent (Calif.) cushebbury (calif.) (1963-64 bnlyl t cushenbury (calif.) Arizona (primarily Phoenix)' tit kaiser Cement corporation was known as Permanente Cement Conpany from 1939-64 and as kaiser Cement i Gypsum Corporation from 1964-79. (2) The Information in the "Years Containing Asbestos" column pertains to the company as a whole --the irxiivi^al plants list^ In the "Plants Mir Manufactured" column did not necessarily manufacture each product during all ot the stated years. Similarly, the area the "Region of Distribution* column aid not necessarily correspond to all of the stated years. (3) contractors typically mixed these products with three to five parts by weight of sand so the % asbestos was less than 1% in the product actually * * ) . m- V8S MWk WflPUCT/TRAUti 'h a h ; ftotre Paints: Kaiser Co.ver-TOx Wall Texture Kaiser K-Spc*y celling Texture. ' m i u u j.m :a t inouixT ULSgrlPiioh of hkjduct '-V ) (I)hlOMT loH % N.WMtJS Used to produce tex ture elfccts over gypsum wallboard surfaces. White to oil-white power. Packaged and sold In sacks of 25 to 50 lbs. Used to produce tex ture over gypsum wallboard or interior concrete ceilings. White powder with polystyrene aggre gate. Packaged ana sold in sacks of 25 to 50 lbs. Primarily casein, lime stone and mica. Ttie asbestos used in this product was chrysotlle. 0 4-6 1.3-6.6 osiimo Boards Kaiser Mineral Fibraboatd Ut FirerReted (Under writers* Laboratories, Ins. desigli! )>*! " Kaiser G y ps "Null-A-Fire" type & Wallboard % - X 'V.r Used for acoustical celling tile and lay in board and partition sound-deadening board. 1/2" or 5/6* thick by 12" or 24" wide by 12", 24* or 48" long sheets, with face side white or colored and With pertorated or fissured design for acoustical treatment. Packaged and sold in boxes ot various quantities. Primarily mineral wool ana various wood fibers, clays and starch. The asbestos used in this product was chrysotlle. 1.6* ` Used for interior walls and ceilings. 1/2* or 5/8" thick by 4' wide by 8* or 12' long sheets, covered with gray or manila colored paper. Two sheets were bounu together for purposes of sale. Primarily gypsum, plus additives of glass fiber, paper fiber and vermiculite. The vermiculite contained two lOOths of 1* tremolite (a type of asbestos) which was considered an inpurity and was totally encapsulated in the vermiculite. 0.02* X we; amMNir*: 1956-75 1969-75 V 1965-74 1969-78 U'.vr i ... 0. x. ) t)C.Vl^4 I-111 . e * ` ' St. alone (Oregon! National, but largely in stern states . % Antioch (calif.! Long Beach (calif.) Seattle ( Wash.) Rosario (New Mexico) Deianco (New Jersey) Jacksonville (Pia.) All western states, Texas and oast coast states. Ili ih liformetion in the "rests containing Asbestos,8 c p l u m pettaihs to th conpany as a whole -- the individual Wiite Manufactured* coline) did not necessarily manufacture each product during all of the stated years Similarly? the areas * TM J * * * L *** the "Region of Distribution" colta* did not necessarily correspond to all ot the stated years. For exasyle, the Jacksonville and Delanco plants were not built until 1964 ana IMS, respectivelyi thus, distribution o products on the east coast did not cosnence until tlM ' alter the plants wet* completed, i 6/IS CWt/eti