Document gV6xgEZLdEB0pBJQeK6jJ2xL

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 91-80,000 (CA 42) ALLIED-SIGNAL, INC.'S NOTICE OF FILING RESPONSES TO PLAINTIFFS' MASTER PRELIMINARY SET OF INTERROGATORIES (Fla. Bar No. 370967) The Defendant, ALLIED-SIGNAL, INC., as successor in interest to Allied Corporation, as successor in interest to The Bendix Corporation, hereby notifies the Court and all interested parties that, on this day, it filed its Responses to Plaintiffs' Master Preliminary Interrogatories in the above-styled cause. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that the original and a copy of the foregoing Notice and Responses were sent by regular mail to all Plaijitiffs' counsel of record on the attached service list and that a copc/f this Notice was sent to all other counsel listed therein this-JOjU,day of June, 1992. BLACKWELL & WALKER, P.A. Attorneys for ALLIED-SIGNAL One Southeast-. Third Avenue Miami/ Flo^idA 33131 305 /9fS-5 5jB 3^ (direct) BY: bCtu>iflSL Donald A. Blackwell Cme SJv SBlezcJcune/l <Sitfl/a/Jce*, &.S&. TELEPHONE 005) 350-8550 ; PLAINTIFFS | EXHIBIT I no. x. fftam*. JJfSf CONSOLIDATED SERVICE LIST CASE NO.; 91-80.000 f42l Louis S. Robles, Esquire Robles & Gonzalez One Bayfront Plaza 100 S. Biscayne Boulevard Suite 900 Miami, Florida 33131 (305) 371-5944 James L. Ferraro, Esq. 3520 S.E. Financial Building 200 South Biscayne Blvd. Miami, FI. 33131-2331 Alan K. Petrine, Esq. Colson, Hicks, et al. 200 South Biscayne Blvd. 47th Floor Miami, FI. 33131-2310 Charles F. Erickson, Esq. Paulrich, O'Hara & Slack, P.A. 3401 Tamiami Trail, North, 207 Naples, Fl. 33940 J. Michael Fitzgerald, Esq. Fitzgerald and Portuondo Museum Tower 150 W. Flagler Street Miami, Florida 33130 Howard Cherna, Esquire Rumberger, Wechsler & Kirk One Biscayne Tower, Suite 3100 Two South Biscayne Boulevard Miami, FL 33131 (305) 358-5577 Norwood S. Wilner, Esquire Zisser, Robison, Spohrer & Wilner, P.A. 444 East Duval Street Jacksonville, FL 32202 (904) 354-8310 Attys. for Plaintiffs Atty. for Anchor Packing Co. Atty. for Armstrong World Industries, GAF Corp., U.S. Gypsum Co., National Gypsum Wellington Committee, A.P. Green Refractories, Certainteed Corp., Turner & Newall, Dana Corp., Pfizer, Inc., Quigley Co., Union Carbide, Amchem, and Flexitallic Gasket 1 fm*./auiifaj 'Ti.'/acJLuie/l &tyl/a/Ae#*, &.S&. TELEPHONE (90S) 358-6060 fhamt, .S.ff.tf Harold E. Morlan, II, Esquire Durkin & Morlan, P.A. First Union Tower, Ste. 1200 20 North Orange Avenue P.O. Box 3748 Orlando, FL 32802 (407) 843-1200 Atty. for Basic Incorporated Harbison-Walker Robert A. Hannah, Esquire Hannah, Marsee, Beik & Voght Suite 505, Landmark Center II 225 East Robinson Street Orlando, FL 32853 (407) 849-1122 Atty. for Owens-Illinois Luis C. Bustamante, Esquire Stinson, Lyons, Gerlin & Bustamante 1401 Brickell Avenue 9th Floor Miami, FL 33131 (305) 373-7571 Co-Counsel for Owens-Illinois Carlos E. Casuso, Esquire Casuso & Trompeter 2 Datran Center Suite 1509 9130 S. Dadeland Blvd. Miami, FL 33156 (305) 670-4800 Atty. for Empire Ace Susan J. Cole, Esquire Blaire & Cole, P.A. 2801 Ponce de Leon Blvd. Suite 550 Coral Gables, FL 33134 (305) 444-2400 Atty. for Eagle Picher Industries & Keene Corp. & Co-Counsel for Pittsburgh Corning Corp. & Fibreboard Henry Garrard, Esquire Blasingame, Burch, Garrard, & Bryant, P.C. 440 College Avenue, North P.O. Box 832 Athens, GA 30603 (404) 354-4000 Atty. for Pittsburgh Corning Corp. & Fibreboard Corp. Brian S. Keif, Esquire Brian Keif, P.A. 30 West Mashta Dr. Suite 500 Key Biscayne, FL 33149 (305) 361-0825 Atty. for Combustion Engineering 2 ^lacAuv/l&fy/a&e*, 0>.S. (ham*, r*</a J.ff.tf TELEPHONE (309) 35*0600 Dan B. Guernsey, Esquire Welbaum, Zook & Jones Penthouse 901 Ponce de Leon Boulevard Miami, FL 33134-3009 (305) 444-2400 Rodd R. Buell, Esquire Blackwell & Walker, P.A. 2400 AmeriFirst Building One Southeast Third Avenue Miami, FL 33131 (305) 358-8880 Patricia A. Seitz, Esquire Brian J. Felcoski, Esquire Steel Hector & Davis 4000 Southeast Financial Center Miami, FL 33131-2398 (305) 577-2800 Amy Uber, Esquire One Biscayne Tower, Ste. 3100 Two South Biscayne Boulevard Miami, FL 33131 Virginia Johnson, Esq. Kubicki, Bradley, Draper, Gallagher & McGrane Suite 701 25 West Flagler Street Miami, FL 33130 George V. Vaca, Esquire P.O. Box 1438 Tampa, FL 33601 (813) 823-7707 Roger G. Welcher, Esq. LAW OFFICES OF WELCHER & CLARK 1033 City National Bank Bldg. 25 West Flagler Street Miami, FL 33130 (305) 379-8356 Chobee Ebbets, Esquire P.O. Box 390 Daytona Beach, FL 32015 Atty. for Crown Cork & Seal Atty. for Owens-Corning Fiberglas Corporation Atty. for Flintkote Atty. for Foster-Wheeler Atty. for W.R. Grace and Borg-Warner Atty. for Charter Consolidated & Cohart Refractories Atty. for U.S. Mineral Atty. for Monsanto Company ( me .fomtAeeu/ m/ 3 @8lacJcute/l TELEPHONE (305) 353-6000 ,, fhami. J-Sfj/ Ben E. Girtman, Esquire 1020 E. LaFayette Suite 207 Tallahassee, FL 32301 (904) 656-3232 Peter H. Murphy, Esquire Lee, Schulte & Murphy, P.A. Franklin International Plaza 255 Alhambra Circle, Suite 610 Coral Gables, FL 33134-2110 (305) 445-0800 Rebecca Greer Tanner,Esuire Lee, Schulte & Murphy, P.A. Franklin International Plaza 255 Alhambra Circle, Suite 610 Coral Gables, FL 33134-2110 (305) 445-0800 J. Dixon Bridgers, III, Esquire Carlton, Fields, Ward, Emmanuel Smith & Cubler P.O. Box 12426 Pensacola, Fl 32582 (904) 434-0142 Robert P. Major, Esquire Shutts & Bowen 100 Chopin Plaza 1500 Edward Ball Building Miami, FL 33131 (305) 358-6300 Michael C. Mattson, Esquire Conrad, Scherer & James 633 South Federal Highway 8th Floor Ft. Lauderdale, FL 33301 (305) 944-0131 Edmund T. Henry, III, Esq. Shutts & Bowen 100 Chopin Plaza 1500 Edward Ball Building Miami, FL 33131 (305) 358-6300 Atty. for Abex Corporation Atty. for Durametallic Corp. Atty. for Cooper Industries Atty. for Atlas Asbestos Atty. for Georgia-Pacific Atty. for North American Refractories Atty. for Kaiser Refractories *** * , r-/t, 4 TELEPHONE (309) 39M690 (ham* 't/nnda SltSf Edward L. Magill, Esquire Magill & Lewis 7211 S.W. 62nd Avenue Suite 200 Miami, FL 33143 Atty. for Pittsburgh Metals S. Daniel Ponce, Esquire Zack, Hanzman, Ponce & Tucker, et al. One Centrust Financial Center 100 S.E. 2nd Street, Suite 3300 Miami,Florida 33131-2144 (305) 539-8400 Atty. for Premix Marbletite David W. Trench, Esquire Rubin, Baum, Levin, Constant, Freidman & Bilzin 2640 S.E. Financial Center Suite 2500 Miami, FL 33131-2357 (305) 374-7580 Atty. for Rapid American Corp. C. Michael Evert, Esq. Suite 225 3405 Piedmont Road, N.E. Atlanta, Ga. 30305 Atty. for H.K. POrter and Southern Textile Daniel. B. White, Esq. Rainey, Britton, Gibbes P.O. Box 10589 Greenville, SC 29603 Atty. & Clarkson for Covil Corporation Tracy Howard, Esq. Harold C. Knecht, P.A. 2600 Douglas Road Suite 411 - Douglas Centre Coral Gables, Fl. 33134 Atty. for Nicolet Industries Tracey I. Arpen, Jr., Esq. Marksd, Gray, Conroy & Gibbs P.O. Box 447 Jacksonville, Fl. 32201 Atty. for Richard Klinger, Inc. Kenneth J. Smith, Esq. Touby & Smith Bayside Office Center 141 N.E. 3rd Ave. Penthouse Miami, Fl. 33132 Atty. for Standard Insulation 5 . > &lacAute/l & tf/Za/Jbe#', * (ham*. ^/o***/a JJIS/ TELEPHONE 005) 335-8060 Carl Staas, Esq. 231 East Adams Street Jacksonville, FI. 32202 John B. Liebman, Esq. O'Neill, Chapins, et al. 200 E. Robinson Street Suite 865 Orlando, FI. 32801 Douglas B. Morford, Esq. Ulmer, Murchison, et al. P.O. Box 479 1600 First Union Bldg. Jacksonville, FI. 32201 Rodd R. Buell, Esq. Blackwell & Walker, P.A. 2400 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 (305) 358-8880 Jerri L. Solomon, Esq. Taraska, Grower, Unger and Ketcham 111 North Orange Avenue Suite 1700 Orlando, Florida 32801 Donald A. Blackwell, Esquire Blackwell & Walker, P.A. 2400 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 (305) 358-8880 Robert M. Klein, Esquire Stephens, Lynn, Klein 6 McNicholas, P. A. One Datran Center, Suite 1500 9100 S. Dadeland Boulevard Miami, Florida 33156 (305) 662-2626 Barry L. Davis, Esquire Ana Maria Marin, Esquire Thornton, David, Murray, Richard & Davis, P.A. 2950 S.W. 27th Ave., Ste. 100 Miami, Florida 33133-3704 (305) 446-2646 Atty. for American Mutual Atty. for Rock Wool Atty. for Abex Corp. Atty. for Starr Davis Company of S.C., Inc. Atty. for Metropolitan Life Insurance Company Atty. for Allied-Signal, Inc. Atty. for Champion International Atty. for Asarco, Inc. and Capco Pipe Company w . fattfhtu/ cTifner/ SSlacJuae/l &ty/a/Joe*, TELEPHONE (309) 396 9690 ((taint. fa JJt.it Jeffrey A. Tew, Esquire Kirkpatrick & Lockhart Miami Center, Suite 2000 201 S. Biscayne Blvd. Miami, Florida 33131-2305 (305) 539-3300 04/27/92 Atty. for Lincoln Electric Co. 7 &.s&. TELEPHONE (309) 358-9900 i fiuxmt. /i? Jj/Jf IN REI ASBESTOS LITIGATION CASS NO. 91-80,000 (CA 42) INTRODUCTORY STATEMENT , On April 1, 1985, The Bendix Corporation was merged into Allied Corporation and ceased to exist as a legal entity. On September 20, 1987, Allied Corporation was merged into AlliedSignal, Inc. and ceased to exist as a legal entity. The Bendix Corporation was incorporated in the State of Delaware and maintained its principal place of business in the State of Michigan. Allied Corporation was incorporated in the State of New York and maintained its principal place of business in the State of New Jersey. Allied-Signal, Inc. is incorporated in the State of Delaware and maintains its principal place of business in the State of New Jersey. Allied-Signal, Inc. is the successor in interest to Allied Corporation, which, in turn, was the successor in interest to The Bendix Corporation. The Automotive Sector of Allied-Signal, Inc. is the business unit within Allied-Signal, Inc. which continues the "Bendix" line of automotive friction products. The following responses to Plaintiffs' Interrogatories are based upon: (a) information supplied by employees of The Bendix Corporation or documents in the possession of The Bendix Corporation through March 31, 1985; (b) information or documents acquired by or known to employees of the Automotive Sector of Allied Corporation from April 1, 1985 through September 29, 1987; and (c) information or documents acquired by or known to employees of the Automotive Sector of Allied-Signal, Inc. since September 20, 1987. In its responses, this party will be identified as "ALLIEDSIGNAL" with the understanding that such term refers to: (a) The Bendix Corporation prior to April 1, 1985; (b) the Automotive Sector of Allied Corporation from April 1, 1985 to September 29, 1987; and (c) the Automotive Sector of Allied-Signal, Inc. since September 30, 1987. As the context of particular questions may require, the automotive friction products manufactured by AlliedSignal, Inc. and its predecessors will be described by reference to their registered trademark: "Bendix." Questions directed to matters of corporate identity (e.g., state of incorporation, principal place of business, etc.) are answered as they apply to Allied-Signal, Inc. (Tme Joaibatt 1 SSlaeJcuseM TELEPHONE (309) 350-6660 JJ/Jf IN REl ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) OBJECTIONS TO INSTRUCTIONS 1. ALLIED-SIGNAL objects to Instruction No. 1 and each Interrogatory into which it is incorporated by reference on the grounds that it seeks to impose duties on ALLIED-SIGNAL which either are inconsistent with or not provided for in Rule 1.280 of the Florida Rules of Civil Procedure, including, but not limited to, a duty to supplement Interrogatory responses which were complete when made. However, without waiving its objections, ALLIED-SIGNAL states that it reserves the right to supplement its responses with case specific information. 2. ALLIED-SIGNAL objects to Instruction No. 2 and each Interrogatory into which it is incorporated by reference on the grounds that it seeks to impose duties on ALLIED-SIGNAL which either are inconsistent with or not provided for in Rule 1.280 of the Florida Rules of Civil Procedure, including, but not limited to, a duty to provide information in the possession of entities and persons other than ALLIED-SIGNAL. ALLIED-SIGNAL further objects to Instruction No. 2 and each Interrogatory into which it is incorporated by reference on the grounds that it encompasses information which is entitled to protection under the work product doctrine and the attorney/client privilege. 3. ALLIED-SIGNAL objects to Instruction No. 4 and each Interrogatory into which it is incorporated by reference on the grounds that it renders such Interrogatories overbroad, in that it is not reasonably restricted to the time of Plaintiffs' alleged exposure, if any, to ALLIED-SIGNAL products. Moreover, to the extent that it does not so limit the Interrogatories into which it is incorporated by reference, ALLIED-SIGNAL objects to Instruction No. 4 and each Interrogatory into which it is incorporated by reference on the grounds that the information they seeks is neither relevant to this action, nor reasonably calculated to lead to the discovery of relevant, material or admissible evidence. 4. ALLIED-SIGNAL objects to Instruction No. 5, its subparts and each Interrogatory into which it is incorporated by reference on the grounds that it seeks to impose duties on ALLIED-SIGNAL which either are inconsistent with or not provided for in Rule 1.280 of the Florida Rules of Civil Procedure, including, but not limited to, a duty to provide detailed information concerning the documents to which ALLIED-SIGNAL claims a privilege. ALLIED-SIGNAL further objects to Instruction No. 5, its subparts and each Interrogatory into which it is incorporated by reference on the grounds that it encompasses information which is entitled to protection under the work-product doctrine and the attorney/client Cm* t/iwd Si(>'***!* 2 SSUiumM SWali**, &.S&. TELEPHONE (303) 336 8330 i. (Itanu, JJfSt IN REi ASBESTOS LITIGATION CASE NO. 91-60,000 (CA 42) privilege. However, without waiving its objections, ALLIED-SIGNAL states as follows: See Introductory Statement. OBJECTIONS TO DEFINITIONS 1. ALLIED-SIGNAL objects to Definition No. 2 and each Interrogatory into which the term "Defendant" is incorporated by reference on the grounds that it seeks to impose duties on ALLIED- SIGNAL which either are inconsistent with or not provided for in Rule 1.280 of the Florida Rules of Civil Procedure, including, but not limited to, a duty to provide information in the possession of entities and persons other than ALLIED-SIGNAL. ALLIED-SIGNAL further objects to Definition No. 2 and each Interrogatory into which the term "Defendant" is incorporated by reference on the grounds that it encompasses information which is entitled to protection under the work product doctrine and the attorney/client privilege. Finally, ALLIED-SIGNAL objects to Definition No. 2 and each Interrogatory into which the term "Defendant" is incorporated by reference on the grounds that it renders those Interrogatories overbroad, in that it is not limited to divisions, predecessors-in- interest and/or subsidiaries of ALLIED-SIGNAL which are involved in ' the manufacture, distribution and/or sale of asbestos-containing friction products. However, without waiving its objections, ALLIED-SIGNAL states as follows: See Introductory Statement. 2. ALLIED-SIGNAL objects to Definition No. 4 and each Interrogatory into which the term "representative" is incorporated by reference, on the grounds that it seeks to impose duties on ALLIED-SIGNAL which either are inconsistent with or not provided for in Rule 1.280 of the Florida Rules of Civil Procedure, including, but not limited to, a duty to provide information in the possession of entities and persons other than ALLIED-SIGNAL. ALLIED-SIGNAL further objects to Definition No. 4 and each Interrogatory into which the term "representative" is incorporated by reference on the grounds that it encompasses information which is entitled to protection under the work-product doctrine and the attorney/client privilege. 3. ALLIED-SIGNAL objects to Definition No. 5 and each Interrogatory into which the term "predecessor" is incorporated by reference on the grounds that it seeks to impose duties on ALLIEDSIGNAL which either are inconsistent with or not provided for in Rule 1.280 of the Florida Rules of Civil Procedure, including, but not limited to, a duty to provide information in the possession of entities and persons other than ALLIED-SIGNAL. ALLIED-SIGNAL further objects to Definition No. 5 and each Interrogatory into which the term "predecessor" is incorporated by reference on the grounds that it encompasses information which is entitled to 3 Cme iaU tTitn/ S/i-riutr TELEPHONE (309) 35MMO . M.rJa JJ/Sf IN REi ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) protection under the work product doctrine and the attorney/client privilege. Finally, ALLIED-SIGNAL objects to Definition No. 5 and each Interrogatory into which the term "predecessor" is incorporated by reference on the grounds that it renders those Interrogatories overbroad, in that it is not limited to divisions, predecessors-in-interest and/or subsidiaries of ALLIED-SIGNAL which are involved in the manufacture, distribution and/or sale of asbestos-containing friction products. However, without waiving its objections, ALLIED-SIGNAL states as follows: See Introductory Statement. 4. ALLIED-SIGNAL objects to Definition No. 8 and each Interrogatory into which the term "asbestos-containing product" is incorporated by reference on the grounds that it renders such Interrogatories overbroad, in that it is not reasonably restricted to the ALLIED-SIGNAL products, if any, to which Plaintiff husbands allege exposure. Moreover, to the extent that it does not so limit the Interrogatories into which it is incorporated by reference, ALLIED-SIGNAL further objects to Definition No. 8 and each Interrogatory into which the term "asbestos-containing product" is incorporated by reference on the grounds that the information they ' seek is neither relevant to this action, nor reasonably calculated to lead to the discovery of relevant, material or admissible evidence. However without waiving its objections, ALLIED-SIGNAL states as follows: See Introductory Statement. ALLIED-SIGNAL further states that automotive friction materials are application specific (i.e., designed to fit only a specific model of vehicle). Typically, more than one manufacturer supplies either brakes or friction materials, or both, for some but not all models in a given year's vehicle production (e.g., different manufacturers for the front and rear brakes or a "running change" of suppliers during production of a given model, or different suppliers for different models). Because Definition No. 8 and the Interrogatories into which the term "asbestos-containing product" is incorporated by reference do not specify models of vehicles (as opposed to years and makes of vehicles) any answer to the questions as presently drafted would be inaccurate, misleading and subject to misinterpretation by persons unfamiliar with the automotive industry. 5. ALLIED-SIGNAL objects to Definition No. 9 and each Interrogatory into which the term "associated business entity" is incorporated by reference on the grounds that it renders such Interrogatories overbroad, in that it is not reasonably restricted to "associated business entities" that are or were involved in the manufacture of friction products containing processed chrysotile 4 Cm* Jou^tatf Mi*/^S/cLcAoUe/l &fy/a/Ae*,, TELEPHONE (303) 3564860 IN REi ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) RESPONSES TO MASTER PRELIMINARY INTERROGATORIES t ALLIED-SIGNAL hereby adopts and incorporates by reference the foregoing objections to Instructions and Definitions, as well as its General Objections, in response to each of the following Interrogatories and subparts. However without waiving its objections, ALLIED-SIGNAL states as follows: 1. Data Sources Please identify each person with whom you consulted or who provided information used in answering these Interrogatories on behalf of Defendant. Additionally, provide the subject matter category that each person provided information for from the following categories if appropriate: 1. Corporate History 2. Product Information 3. Warnings/Knowledge of Potential Danger/State of the Art/Testing/Medical or Scientific Identify each person's: A. Address; B. Position with the Defendant; ANSWER: The following responses were prepared by Allied-Signal, Inc., a corporation, with the assistance and advice of counsel and other representatives of Allied-Signal, Inc. Information used to respond to these Interrogatories has been gathered at various times since 1975, and was derived from interviews with current and former employees and a review of business records. No record was made of the source for specific information given in each response and, therefore, it is impossible to reconstruct those specific sources at this time. 2-. Corporate Information Please state the following: A. This defendant's correct corporate name; ANSWER: Allied-Signal, Inc. B. The state of your incorporation; ANSWER: Delaware. 6 Cm* */oatiait 38ncAuueM &lty/aMe*', TELEPHONE (305) 356 8800 JJfSf IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) C. The address of your principal place of business; ANSWER: Morristown, New Jersey. D. The dates and time period during which defendant held a certificate of authority to do business in the state of Florida; ANSWER; See General Objections. objections, ALLIED-SIGNAL states business in the State of Florida. However, without waiving its that it is qualified to do E. The dates and time period during which defendant regularly conducted business in Florida. ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL can state that it has done business in the State of Florida from time to time, but denies that such business is related to Plaintiffs' alleged injuries. 3. Corporate History Describe in detail Defendant's complete corporate or business history for all associated business entities that were involved, in any manner, in the sale, manufacture, distribution, and/or mining of asbestos and/or asbestos containing products, including dates of incorporation, mergers, consolidations, reincorporations, and the like. Also provide historical information regarding all predecessors, prior names, asset purchases, acquisitions or spin-offs for all associated business entities that were involved, in any manner, in the sale, manufacture, distribution, and/or mining of asbestos and/or asbestos containing products. In addition: A. If defendant or any of its predecessors or subsidiaries at any time purchased or assumed any of the assets and/or liabilities of any corporation or entity which at any prior time engaged in the manufacturing or sale of asbestos-containing products, then please state the following as to each acquisition: 1. The name or description of each corporation, entity or assets acquired by Defendant, that entity's state of incorporation and principal place of business, its date of incorporation, and the name of Defendant at the time of acquisition; 7 Cm* JoatLnut S/'<*iw* &ty/a/Ae#', TELEPHONE (305) 358-6680 w(Cam,. JJtSf IN MSI ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) 2. The manner by which each such corporation, entity . or interest therein,- was acquired (e.g., merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); 3. The date of each such acquisition; 4. The state in which each such acquisition was effected; 5. The state law governing each such acquisition if specified by contract; and 6. How the business or financial interest in that corporation or entity ended, if it ended, (e.g. dissolved the company, sold all stock, placed subsidiary in bankruptcy, etc.) 7. List all states where entity is or was registered to do business, including the dates of registration for each state. ANSWER: A. (1-7) See General Objections, including, limited to, objections to Definition Nos. 2, 3 and 9. without waiving its objections, ALLIED-SIGNAL states as See Introductory Statement. but not However, follows: 4. Asbestos/Mining Did Defendant, prior to 1980, engage in the mining, milling and/or subsequent sale of asbestos fiber? No. If so, please state: A. The date such activity began; B. The years during which such activity took place; C. The date when such activity was terminated; D. If such activity was terminated, the reason why; E. Within the United States was there any geographic limitation which you claim was applicable to the sales of your asbestos (Yes or No)? If Yes state the geographical area into which you claim the asbestos was sold; and, 8 Cme S/frnur &lacute/l &.S&. TELEPHONE (305) 350-6660 Ik. SStSt IN REl ASBESTOS LITIGATION CASE NO. 91-BO,000 (CA 42) ANSWER; F. Identify the organizational unit of Defendant so engaged. , G. Type of asbestos mined. H. Managers of each mine and years of service. I. Identify sales and shipment records from each mine. (A) - (I) Not Applicable. 5. Asbestos/Manufacture Has Defendant at any time, engaged in the manufacture of any asbestos containing product which generic product type has been previously identified in exposure sheets in this circuit? If so, please state: ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: Yes. A. The date such activity began; ANSWER: 1939. B. The years during which such activity took place; ANSWER: 1939 to the present. C. The date when such activity was terminated; ANSWER: Not applicable. But see Response to Interrogatory No. 13(B), (C) and (D) . D. If such activity was terminated, the reason why; ANSWER: ALLIED-SIGNAL objects to Interrogatory No. 5(D) on the grounds that it is vague, overbroad, unlimited in scope and incapable of being intelligently answered in its present form. However, without waiving its objections, ALLIED-SIGNAL states as follows: Certain asbestos-containing friction products were discontinued as suitable asbestos free replacement formulations were developed, or pursuant to a consolidation of trademarks or due to a lack of market penetration. E. Within the United States was there any geographic limitation which you claim was applicable to the 9 Cme Mu!***/^SlacAaieM&.S&. TELEPHONE (305) 380-6660 33f3f IK KBl ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) sales of your asbestos containing products (Yes or No) ? , If Yes state the geographical area into which you claim your asbestos containing products were sold; and, ANSWER; ALLIED-SIGNAL is not aware of any geographical restriction on the sales of its asbestos-containing automotive friction products. F. Identify the organizational unit of Defendant so engaged. ANSWER: See Introductory Statement. 6. Asbestos/Sales Has Defendant at any time, engaged in the marketing and/or sale of any asbestos containing product which generic product type has been previously identified in exposure sheets in this circuit? If so, please state: ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: Yes. A. The date such activity began; ANSWER: 1939. B. The years during which such activity took place; ANSWER: 1939 to the present. C. The date when such activity was terminated; ANSWER: Not applicable. But see Response to Interrogatory No. 13 (B), (C) and (D). D. If such activity was terminated, the reason why; ANSWER: ALLIED-SIGNAL objects to Interrogatory No. 6(D) on the grounds that it is vague, overbroad, unlimited in scope and incapable of being intelligently answered in its present form. However, without waiving its objections, ALLIED-SIGNAL states as follows: Certain asbestos-containing friction products were discontinued as suitable asbestos-free replacement formulations 10 Cm Jtmtlmt Sf'vmm 38laclUeM TELEPHONE (SOS) 356 6880 JJ/Jf IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) were developed, or pursuant to a consolidation of trademarks or due to a lack of market penetration. , E. Within the United States was there any geographic limitation which you claim was applicable to your sales of asbestos containing products (Yes or No)? If Yes state the geographical area into which you claim you sold asbestos containing products; and, ANSWER: ALLIED-SIGNAL is not aware of any geographical restriction on the sales of its asbestos-containing automotive friction products. F. Identify the organizational unit of Defendant so engaged. ANSWER: See Introductory Statement. G. Identify all sales managers and the years during which they served. ANSWER: See General Objection Nos. 1 and 3. 7. Asbestos/Distributor Has Defendant at any time, engaged in the marketing and/or sale of any asbestos containing product, which generic product type has been previously identified in exposure sheets in this circuit, manufactured in whole or in part by an unrelated business entity? If so, please state: ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: No. A. The name and address of the unrelated business entity; B. The product's trade and/or brand name; C. The years during which such activity took place; D. Identify the organizational unit of Defendant, or the associated business entity so engaged. E. Within the United States was there any geographic limitation which you claim was applicable to each distributor and/or wholesaler (Yes or No)? 11 Cme JeeULeatl Ji'm/ Sfv TELEPHONE (305) 35MMO SSISI IN REi ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) If Yes state the geographical area which you claim was applicable to each distributor and/or wholesaler; and, F. Whetherthere agreement; was a written distributorship G. Whether the distributorship was exclusive; H. Identify all documents pertaining to the distributor or wholesaler relationship and the custodian thereof; I. The ratio of sales to distributors compared to direct sales to consumers. J. List of sales records or shipments to each distributor or wholesaler. ANSWER: (A) - (J) Not applicable. 8. Asbestos/Rebranding Has Defendant at any time, engaged in the rebranding of asbestos containing products, which generic product type has been previously identified in exposure sheets in this circuit, manufactured in whole or in part by an unrelated business entity? No. If so, please state: A. The name and address of the unrelated business entity; B. The product's original trade and/or brand name; C. Who performed the physical rebranding and where it was accomplished; D. The years during which such activity took place; (Tnt zTit*/ Sfv 12 ^SiacAateM TELEPHONE (305) 35*5500 fflomtla JJfSf IH REl ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) E. Brand name and/or trade name after the product was rebranded; . User or seller of the product after rebranding; G. Identify the organizational unit of Defendant so engaged. ANSWER: (A)-(G) Not applicable. 9. Asbestos/Sales to Manufacturer Has Defendant at any time, engaged in the sale of asbestos containing products, which generic product type has been previously identified in exposure sheets in this circuit, to an unrelated business entity that was engaged in the manufacture of asbestos containing products? If so, please state: ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: Yes. A. The name and address of the unrelated business entity; ANSWER: Borg & Beck Chicago, Illinois. B. The product's trade and/or brand name that was sold; ANSWER: "Bendix" clutch facings. C. The years during which such activity took place; ANSWER: 1975 -1978. D.. Identify the organizational unit of Defendant so engaged. ANSWER: See Introductory Statement. E. List each sales office of your asbestos-containing products and for each please state: 13 72Cm* ^nufJuaU **/ SJimmme gSiacAutell gWaMe*, TELEPHONE <305> 356-6680 sftiami. JJ/Sf , IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) (1) Name and address; / (2) Geographical areas for which each sales office was responsible; (3) Identify all managers and the years during which they served; (4) Identify all sales personnel and the years during which they served, and describe each person's sales jurisdiction or responsibility; (5) Identify sales records or shipment records for each sales office and the custodian thereof. ANSWER: ALLIED-SIGNAL objects to Interrogatory No. 9(E) and its subparts on the grounds that it is overbroad, in that it is not reasonably restricted in time to the years of Plaintiff husbands' alleged exposure, if any, to ALLIED-SIGNAL's products. Moreover, to the extent that it is not so limited, ALLIED-SIGNAL objects to < Interrogatory No. 9(E) and its subparts, on the grounds that the information it seeks is neither relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. ALLIED-SIGNAL also objects to Interrogatory No. 9(E) and its subparts on the grounds that it is vague, ambiguous, unclear and incapable of being intelligently answered in its present form. ALLIED-SIGNAL further objects to Interrogatory No. 9(E) and its subparts as being unlimited in scope, so as to be patently burdensome and onerous. Finally, ALLIED-SIGNAL objects to Interrogatory No. 9(E) and its subparts, in that the burden on ALLIED-SIGNAL, in terms of cost and manhours, to provide Plaintiffs with the requested information, to the extent such information may exist, greatly exceeds the benefit of such information to the Plaintiffs. In addition, over the years, ALLIED-SIGNAL has sold friction products containing processed chrysotile asbestos to rebuilder customers, who, in turn, incorporated them into their end products. Moreover, certain products manufactured for sale to original equipment customers are marked pursuant to OEM specifications. 10. Asbestos/Sales to Government or Government Agencies Did this Defendant ever sell or cause to be sold any of its asbestos-containing products, identified on exposure sheets filed in this circuit, to (1) the United States Government; (2) the United States Air Force; (3) Any Air Force; (4) United States Army; (5) United States Navy; (6) United States 14 Cme iff"*/SjMmiK &laccisdl TELEPHONE (303) 336 6680 IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) Marine Corps; (7) General Services Administration; (8) Department of Defense; or (9) or any other agency operated by the Untied States Government? If so, please provide the following: A. The names and last known address of the governmental agency; B. Whether there was a written contract or sales agreement; C. Identify all documents pertaining to the governmental contracts or agreements and custodian of said documents; D. Whether the formula used for the manufacture of the product was the same as the formula used for the manufacture, sale or distribution of the product to non-governmental customers; E. The extent to which sales to governmental agencies ' were handled through distributors or wholesalers as opposed to direct sales by Defendant; F. The extent to which the physical appearance of the product sold or distributed to a governmental agency differed from the physical appearance of the product sold or distributed to non-governmental customers; G. The extent to which the packaging and/or labelling of the product sold or distributed to a governmental agency differed from the packaging or labelling of the product sold or distributed to non-governmental customers; H. Identify Sales and shipment records for each governmental agency and the custodian thereof. ANSWER: (A)-(H) See General Objections. ALLIED-SIGNAL further objects to Interrogatory No. 10 and its subparts on the grounds that there is no evidence that Plaintiffs ever worked with or around an ALLIED-SIGNAL product while in the armed forces and, therefore, any information relating to such products is neither relevant to this action, nor reasonably calculated to lead to the discovery of relevant, material or admissible evidence. 11. Asbestos/Sales Through Licensees 15 Cn, &/ac4ut6$ & TELEPHONE (SOS) ^JJ/Jf IN REl ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 2) If any of this Defendant's asbestos-containing products, which generic product type has been previously , identified in exposure sheets in this circuit, reached the consumer through licensees, please provide the following: A. The names and last known address of licensees; B. The years each licensee was licensed to sell, distribute or manufacture this Defendant's asbestos-containing products; C. Within the United States was there any geographic limitation which you claim was applicable to each licensee (Yes or No)? If Yes state the geographical areas for which each licensee was permitted to sell, manufacture or distribute this Defendant's asbestos-containing products; and, D. Describe the terms and conditions of each licensee agreement entered into between this Defendant and licensee insofar as manufacture, sale, and distribution of asbestos-containing products; E. List of products each licensee was permitted to sell or manufacture; F. Identify all documents pertaining to the licensee relationship and the custodian thereof; G. Whether or not sales to consumers in each area were made exclusively through licensee. ANSWER: Not applicable. 12. Asbestos/Facilities For the period 1920 to date, or during the period that Defendant mined, manufactured, sold or distributed asbestos containing products, whichever period is less, state the following regarding each facility that was used by you as a mining, milling, manufacturing, processing, distribution or marketing facility for asbestos containing products; A. The name and address of the building, mine, mill or facility; Cmt JovAmoii 31.^ 16 BlacuSe/l & TELEPHONE (305) 3554850 JJ/Sf IN RSs ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) B. The inclusive dates the facility was in operation; and, , C. The function of the facility (e.g., manufacturing, warehousing, mine, sales office, etc.) D. Plant managers and years of management; E. Name and type of asbestos-containing products manufactured or processed at each facility; F. Identify shipment records for each facility and the custodian thereof; G. If asbestos was mined and sold to any other entity besides this Defendant, please provide list of those entities. ANSWER: (A)-(G) See General Objections. ALLIED-SIGNAL further objects to Interrogatory No. 12 and its subparts on the grounds that it seeks information which is neither relevant to this action, nor reasonably calculated to lead to the discovery of relevant, material or admissible evidence, in that: (1) Plaintiffs were neither employed by ALLIED-SIGNAL, nor present in any of its friction product manufacturing plants at any time; and (2) events occurring in those plants during the mass production of friction materials bear no equivalence to the conditions experienced by an end user of individual units of finished automotive friction products. Cttt Jott/hatf S/neiute 17 TELEPHONE (305) 338-0600 ttiomda JJfJf IN RZs ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) 13. Answering Defendant's Asbestos Containing Products Using the format set out below, answer the following interrogatory. The main purpose of this interrogatory is to first, obtain basic information concerning asbestos-related products, which generic product type has been previously identified in exposure sheets in this circuit, with which the answering defendant and its associated business entities were involved, and second, to identify the number of "Interrogatory Response Sheets" the answering defendant must complete. Provide the following information for each asbestos-containing product, which generic product type has been previously identified in exposure sheets in this circuit, with which this answering defendant was involved: ANSWER; See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: A. The name of the associated business entity so involved; ANSWER: See Introductory Statement. B. The Product Trade Name of the asbestos product(s) with which the entity was involved (See the definition of "Product Trade Name" at interrogatory number 14(B)); ANSWER: See Response to Interrogatory No. 13(D). C. The type(s) of involvement the entity had with asbestos-containing products (See the definition of "involvement" at interrogatory number 14(E)); ANSWER: See Response to Interrogatory No. 14. D Identify the inclusive years of each type of product involvement (e.g.. If the entity manufactured and distributed the product, list both types of involvement and the years that correspond to such involvement); ANSWER: Brake Linings "Bendix" "Marshall" "Bulls-eye" 1939 to present 1939 to present 1939 to 1948 18 TELEPHONE (305) 353-3600 vf/iamf, 33t31 "SL" "WM" "Eclipse" "Master" "EDF" "FK" "Friction King" Disc brake pads "Bendix" "Friction King II" Brake blocks "Bendix Clutch facings "Bendix" IK RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) 1939 to 1971 1939 to 1971 1939 to 1987 1945 to 1987 1946 to 1987 1955 to 1987 1960 to 1987 1963 to present 1979 to 1987 (asbestos-free wearing surface) 1948 to 1988 1975 to 1978 (sold only to the Chicago, Illinois plant of Borg and Beck) Cw ^iiiii(W i8w/ >5/* 19 38lacAa*M Sfy/cUlv, TELEPHONE UOS) 386-6660 'liatm, 33131 IH REI ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) 14. Product Information / Following this page is a proposed "Interrogatory Response Sheet" and definitions, examples and instructions dealing with the completion of this question. For each and every asbestos-containing product, which generic product type has been previously identified in exposure sheets in this circuit, with which you were involved, as previously identified in responding to the previous interrogatory, please answer the following. A separate response is to be provided to this question for each and every asbestos-containing product with which the responding defendant was involved. If different entities were involved with the same asbestos/containing products the asbestos-containing product is to be addressed in a response to this question for each such business entity, including the answering defendant if applicable. For example if pipe covering is a generic product type that has been previously identified in exposure sheets filed in this circuit, then the answering defendant is to provide information regarding all types of pipe covering manufactured, sold and/or distributed by defendant regardless of whether a specific types of pipe covering manufactured, distributed and/or sold by defendant has been identified in exposure sheets in prior litigation in this circuit. In contrast if ironing board covers are a product that have not been identified in exposure sheets filed in this circuit then the defendant need not provide information regarding this product type. ANSWER: See General Objections. However without waiving its objections, ALLIED-SIGNAL states as follows: A. See Introductory Statement. B. "Bendix," "Marshall," "Bulls-Eye," "SL," "WM," "Eclipse," "Master," "EDF," "FK," "Friction King" and "Friction King II". C. Automotive friction materials. D. Automotive component parts. 20 SSlacJeuseM &ty/a/Zce*, TELEPHONE (305) 355 5850 u&mm, &lomcla 33>3f IN RE: ASBESTOS LITIGATION CASS NO. 91-BO,000 (CA 42) E. See Responses to Interrogatory Nos. 5, 6 and 9. F. ALLIED-SIGNAL objects to Interrogatory No. 14(F) because the composition of its friction products is a trade secret and, therefore, proprietary information. Without waiving its objection, ALLIED-SIGNAL states that, over the years, motor vehicle manufacturers have made changes in vehicle design (weight, chassis length, engine performance, etc.) and in brake performance criteria (noise, durability and stopping distance limits) which required modifications in product formulations to meet the changed criteria. As a result, the percentage of processed chrysotile asbestos fiber in asbestos-containing brake linings and disc brake pads varies depending upon the composition of a particular item but, on average, is approximately 50% (by weight). The percentage of processed chrysotile asbestos fiber in asbestos-containing brake blocks varied depending upon the composition of a particular item but, on average, was approximately 35% (by weight). The percentage of processed chrysotile asbestos fiber in asbestos- containing clutch facings was 44% (by weight). Brake linings and disc brakes pads also contain a resin binder system and various friction modifiei and fillers which encapsulate the process) chrysotile asbestos fibers. Asbestos-containi: clutch facings (manufactured between 1975 and 197! also contained a resin binder system and varia friction modifiers and fillers which encapsulate the processed chrysotile asbestos fibers. : G. See Response to Interrogatory No. 13D. H. Brake linings are intended to stop or slow mot vehicles. Clutch facings are intended to conne or disconnect a driving or a driven part of! mechanism smoothly. I. See Response to Interrogatory No. 12. J. The dimensions of disc brake pads vary from 2" to 8.7" in length; 2" to 3" in width; and 1/4" to 1/2" inches in thickness. The dimensions of brake blocks varied from 12" and 1/4" to 20" in diameter; 4" to 10" in width; and 3/4" to 7/8" in thickness. 21 8lacue/t &.S&. TELEPHONE (305) 358 6880 ^omu/a JJ/Jf IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) The dimensions of arcuate brake lining segments vary from 5" to 19" in diameter; 1,- 1 1/2" to 7" in width; 3/16" to 1/2" in thickness; and 57 degrees to 125 degrees in length. The dimensions of clutch facings were 10.4" or 11" outside diameter, 6.5" inside diameter and 1.35" in thickness. K. The color of automotive friction products that contain processed chrysotile asbestos fiber varies from tan to light gray, depending on the composition of individual items. L. The products are packaged and distributed in chipboard or corrugated cardboard cartons or boxes. Since October, 1973, all boxes have been imprinted with a version of the labels described in Response to Interrogatory No. 33. M. No. Except that asbestos-containing clutch facings were sold only to the Chicago, Illinois plant of Borg & Beck. N. See Response to Interrogatory No. 37. O. No. P. No. Q. No. R. See Response to Interrogatory No. 14(B). S. Not applicable. T. See Response to Interrogatory No. 14(F). 15. Asbestos Free Products For each asbestos containing product whose trade name is listed in Answer No. 14, state: A. Was the product, or a substitute for that product, ever manufactured and/or sold by you without asbestos; if so, when did the sale of the product commence; B. Brand name of the asbestos free product; C. The reason product was manufactured without asbestos; 22 S/>` cJcuteM & ty/a/Zce*, TELEPHONE (305) 358-0880 ,, iCtam*, JJ fjf IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) ANSWER; (A)-(C) See General Objections. Moreover, ALLIEDSIGNAL objects to Interrogatory No. 16 and subparts (A), (B) and (C) on the grounds that the information it seeks is neither relevant to this action, nor reasonably calculated to lead to the discovery of relevant, material or admissible evidence, in that there is no allegation that Plaintiffs were exposed to ALLIEDSIGNAL 's products, if at all, in their experimental stages. Finally, ALLIED-SIGNAL objects to Interrogatory No. 16 and subparts (A), (B) and (C) on the grounds that it encompasses proprietary and/or commercially sensitive information. D. Was the product ever tested prior to its being sold for use by the consumer? If so, provide the identity and present location of all records dealing with these tests (including testing concerning use, application, durability, toxicity, etc.) and the custodian of said records. ANSWER; See General Objections. However, without waiving its objections, ALLIED-SIGNAL states that the processed chrysotile asbestos fiber in its friction products is encapsulated in a resin binder matrix and, as a result, does not present a health hazard. The heat generated during the braking process converts the processed chrysotile asbestos fiber in friction materials into a harmless substance known as forsterite or olivine. Prior to the issuance of OSHA regulations concerning asbestos, published studies indicated that exposure to or the use of friction materials did not present a health risk. Since the issuance of OSHA asbestos regulations, scientific research has consistently demonstrated that time-weighted exposures of brake repair workers to asbestos are below prescribed OSHA limits. From May, 1971 to March, 1973, The Bendix Corporation, under contract with the Environmental Protection Agency, Office of Air and Water Programs, conducted extensive research into the survivability of asbestos during the braking process. It was found that the great majority of asbestos contained in brake linings was heated to a temperature high enough to cause its chemical conversion to harmless forsterite or olivine. On average, 99.75% of the asbestos in brake linings was converted. Samples of wear debris resulting from the braking process were analyzed and found to contain, on average, only 00.25% asbestos. To provide a systematic, independent check on that analysis, the EPA Project Officer entered into a separate contract with Battelle Columbus Laboratories to analyze the wear debris. Battelle Laboratories found that, on average, the wear debris resulting from the braking process contained only 00.17% asbestos. (Tttg S/vennr 24 TELEPHONE (305) 358-6880 ^{{*amt. SRomda JJ/Sf. IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) 17. Sales Documents Please state whether you have any documents of any kind indicating or reflecting past sales of one or more asbestos/containing products listed in response to interrogatory 14 including, but not limited to, invoices, orders, purchase records, sales records, confirmations, bills of lading, annual or other periodic summaries of sales or orders, accounts payable or accounts receivable records, etc. If so, describe in detail the different types of documents that you have for each such asbestos-containing product, and state the following as to each type of document; A. The items of information contained on it (e.g., date of sale, product, quantity, purchaser, shipment location, price, etc.); B. The years of sale encompassed by documents still in existence; ' C. The current location of the documents; D. Identify the current custodian of the documents, as well as the current employee most familiar with the codes or system used on the documents: ANSWER: (A)-(D) See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: Plaintiffs claim that they worked with Bendix products while employed as mechanics and/or parts department employees at numerous service stations and automobile dealerships throughout Florida and elsewhere. Rather than ask for information relating to Bendix's sales throughout the country for the periods Plaintiffs worked as mechanics and/or parts department employees, it would make more sense for Plaintiffs to inquire of their former and current employers whether they, in fact, used Bendix products and, if so, their sources of supply. This mode of procedure would reduce the cost and time involved in discovery, and eliminate a great deal of otherwise irrelevant information. If the current and former employers claim that they do not have records, there will be time enough to ask ALLIED-SIGNAL to do more. But the former employers have compensation liens to protect, and should cooperate with Plaintiffs' counsel. 18. Sales Offices D Did you ever have any sales offices in Florida that were responsible for distribution and/or sales of asbestos 25 ^Va. stfi'crut* SS/acJcuieM <Sytfl/a/Jce*', TELEPHONE (305) 356 6860 tfflomda JJ/Jf IN REl ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) and/or asbestos-containing products listed in responding to Interrogatory 14? If so, please state as to each such sales office: A. Its address and years of operation; B. Identify all managers from 1930 through the present and the years during which they served; ANSWER: See Response to Interrogatory No. 17. 19. Fiber Purchases Please state the name and address of each business entity from whom the Defendant, Defendant's predecessors. Defendant's subsidiaries have ever bought or received raw asbestos fiber. ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: Canadian Johns-Manville Ltd. JM Asbestos Sales, Inc. Asbestos, Quebec J1T3N2 Processed chrysotile asbestos 1939 to present fiber Vermont Asbestos Group Hyde Park, Vermont 05655 Processed chrysotile 1975 to present asbestos fiber LAB Chrysotile, Ltd. P.O. Box 459 Thetford Mines, Quebec G6G5T5 Processed chrysotile asbestos fiber 1986 to present Lake Asbestos (Lac d'Amiante du Quebec L'tee) 120 Broadway New York, NY 10005 . Processed chrysotile asbestos fiber 1967 to 1986 The Ruberoid Co. New York, NY Processed chrysotile 1945 to 1975 asbestos fiber 26 Cm* JmUiim/ SJummur TELEPHONE (305) 358 6860 IH REl ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) Bell Asbestos Mines, Ltd. P.O. Box 99 , Thetford Mines, Quebec G6G5S4 Processed chrysotile asbestos fiber 1973 to 1983 20. Insurance For all policies of insurance affording general liability or products liability coverage, including primary policies, excess policies, policies of reinsurance, programs of self/insured retention (SIR) and/or policies in which defendant was additionally insured, applicable to injuries allegedly caused by exposure to asbestos and/or asbestos-containing products state: A. Insurer: Specify exactly as named in the insurance policy or other evidentiary document of coverage. B. Insured: The insured named in the policy. C. Policy Period: Refer to the actual period for which the insurance policy is and/or was in effect. D. Policy Type: Specify whether primary, self/insured, etc. excess or E. Per Occurrence/ Accident Limits: Refer to the limit for any one occurrence or any one accident. F. Products Aggregate: Refer to the aggregate limit applicable to products bodily injury liability coverage. Certain insurance policies may contain a combined aggregate for bodily injury, property damage and other covered perils; if so, refer to the combined limit and so indicate. G. Products Aggregate Consumption: The function of the Aggregate Consumption Summary is to track the consumption of total products 27 8lacJcuteM TELEPHONE (309) 389 6690 JJfSf IN RZ: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) liability aggregate limits claims. List such consumption. If applicable the date upon which the policy limits were paid out in full or exhausted. H. Policy Number: Specify exactly as contained on the insurance policy or other evidential document of coverage the policy number. Additionally provide the custodian of the policy and/or document. I. Insurer Objection: Specify the bases upon which the relevant insurer refuses to fully pay claims upon demand. If the insurer has not objected to payment or is paying, note N/A. ANSWER: (A)-(I) See General Objections. However, without waiving its objections, ALLIED-SIGNAL states that its assets are a matter of public record and are sufficient to satisfy this contingent liability, irrespective of insurance coverage. 21. Asbestos\Consultant Has any person ever served as a consultant (excluding experts retained during the course of litigation), full, or part-time, to defendant in any manner regarding the potential medical, toxicological, or industrial hygiene aspects of asbestos or any asbestos containing product? (the term consultant is meant to include any specialist in the above areas who was at least in part retained for his expertise and opinions in other than a full-time salaried position). If so, please state the following as to each such person: A. Identify the person; B. The beginning date, ending date, and period of service for the person; C. The job duties and/or responsibilities for the person, as well as a summary of the work performed; D. The plant address, office address, or duty assignment location for the person for each part of the consultancy; 28 Cme itatf S/f &Wa&e*, TELEPHONE (305) 356-6630 mt, JJ/Sf IN RBi ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) E. The reason for retaining the person; F. Identify the company official responsible for retaining the person, as well as identify the company officials with whom the person met during the period of the employment of consultancy; and, G. State whether documents relating to the employment or consultancy in any way, including contracts, correspondence, publications, reports, status reports, studies, etc., exist and whether or not said documents mention asbestos. Additionally if said documents exist provide the name of the records custodian of said documents. ANSWER; No. 22. Physician/Consultant Please state whether or not Defendant ever employed, engaged . or retained any physician as a consultant, plant physician or otherwise (excluding experts retained during the course of litigation), in connection with asbestos-related business activities. If so, please state the following as to each such physician: A. Identify the physician and give complete dates and places of employment or service; B. State the physician's duties and responsibilities; C. Identify the company person to whom the physician reported; D. State the purpose for which the physician was employed, engaged or retained; and, E. State whether documents pertaining to the physician's professional activities involving asbestos and/or individuals exposed to asbestos exist and the custodian of said documents. ANSWER: (A)-(E) See General Objections. ALLIED-SIGNAL further objects to this Interrogatory and its subparts on the grounds that the phrase "asbestos-related business activities" is so vague and ambiguous that it renders the Interrogatory incapable of being responded to in its present form. However, without waiving its objections, ALLIED-SIGNAL states that, at various times during the 29 $lacuie/l & TELEPHONE (SOS) 3SS4B80 33/31 IK RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) relevant period, ALLIED-SIGNAL and its predecessors have employed or retained physicians from the local communities in which its facilities are/were located to perform routine physical examinations and to administer medical treatment to its employees as and when necessary. 23. Safety/Consultant Please state whether or not any industrial hygienist, toxicologist, safety director, occupational medical director, physician or consultant in any of the foregoing areas previously identified(excluding experts retained during the course of litigation), ever made at any time any statements, recommendations and/or suggestions to the Defendant pertaining to or relating to asbestos or health hazards from dust or any product. If so, state the following as to each such occasion: A. Identify who made the recommendation and/or suggestion; B. State the date of the recommendation and/or suggestion; C. Identify all company officials who received the recommendation and/or suggestion; D. State the substance of the recommendation and/or suggestion; and, E. State whether any documents and/or records of oral conversations embodying or pertaining to the recommendation and/or suggestion exist and if so the custodian of said records. ANSWER: See Response to Interrogatory No. 21. 24. Tests/Asbestos Please state whether Defendant ever conducted or caused to be conducted any tests (whether laboratory or field tests) on any of their or anyone else's asbestos-containing products, including measurements of exposure levels during installation, removal and/or after installation after they had degenerated or decomposed from use, to determine potential or likely asbestos exposure levels during conditions of intended use of the product. If so, please state the following as to each such test: 30 JoulLtatt 8locJcutelC & tf/Za/Ze#*, TELEPHONE (305) 356-6630 ^ SSfSf IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) A. Identify the person who directed that the test and/or measurement be made and/or conducted; B. Identify the person or organization who conducted the test and/or measurement; C. Identify where, when and for how long the test and/or measurement was conducted, including the department of the plant or facility involved, as well as its owner and operator; D. State the product(s) tested and describe the conditions of the test, including the measurement methodology; E. Describe whatever efforts, if any, were used in the test to simulate the various conditions of possible or probable use of the product, such as in confined spaces or tunnels; F. State the asbestos exposure levels measured including the ranges measured, median measurement and average measurement; G. Identify to whom the test results were reported; and, H. Identify all documents pertaining to the test and the custodian thereof. ANSWER: See Response to Interrogatory No. 16(D). 25. Financial Support/Measurement/Tests Has Defendant ever conducted, caused to be conducted or financially supported through at least a 10% contribution towards the total cost, any asbestos-related epidemiologic, - toxicologic, animal, medical, scientific tests, reviews, investigations, analysis, research or studies of any kind (hereafter termed "studies")? If so, please state as to each such study: A. Identify who directed or authorized that the study be done; B. Identify the person or organization that conducted the study; (Ttm out t/hrd SJveiute 31 &Wae~, &.S&. TELEPHONE (305) 3504880 JLmJa JJfSf IH REI ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) C. State the dates and over what time period the study was done; - D. Describe the study design and protocol; E. State the complete results of the study, including any conclusions or recommendations contained therein; F. Identify all company officials who received notice of the existence of the study and/or its results; G. Identify all documents relating to the study and the custodian thereof; and, H. State whether the study was ever published, and if so, state the study title and citation. ANSWER: (A)-(H) See Response to Interrogatory No. 16(D). 26. Literature Review Has Defendant ever conducted, caused to be conducted, or financed through at least a 10% contribution towards the total cost, any effort to monitor or review the professional literature regarding the clinical, epidemiologic, toxicologic, industrial hygiene, medical and/or scientific aspects of asbestos and/or products containing asbestos (excluding for the purposes of litigation)? If so, please state the following as to each effort: ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: No. A. Identify who directed or authorized that the effort be done; B. Identify the person or organization that conducted the effort; C. State the dates and over what time period the effort was done; D. Describe the effort design and protocol; E. State the complete results of the effort, including any conclusions or recommendations contained therein; . 32 (Tmt Jfmtimatt S>f'*"** &lacAiiseM &.S&. TELEPHONE (303) 3333380 JJ/Sf IK KB: ASBESTOS LITIGATION CASE NO. 91-80,000 <CA 42) F. Identify all company officials who received notice of the existence of the effort and/or its results; G. Identify all documents relating to the effort and the custodian thereof; and, H. State whether the effort was ever published, and if so, state the effort title and citation. ANSWER; (A) - (H) Not applicable. 27. Specific Studies/Participation Did Defendant at any time in any way participate in any of Metropolitan Life Insurance Company's studies of asbestos (conducted approximately between 1929-1940), any Trudeau Foundation/Saranac Lake studies (between 1929-1960), or any Industrial Hygiene Foundation studies (between 1938-1968)? If so, identify each such study in which you were involved and state as to each: ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: No. A. What role or action you took in regard to the study; B. Identify all documents related to your involvement in the study and the custodian thereof; C. Identify each of your facilities in which any part of the study was conducted and reference your facility to the data reported in the study; and, D. Identify each of your officers, supervisors, managers or employees who assisted, participated in or directed your involvement in the study. ANSWER: (A) - (D) Not applicable. 28. Asbestos Hazard/Notice Did Defendant at any time prior to 1980 receive, have notice of, acquire or possess any advice, publication, statement, warning, order, directive, letter, memorandum, recommendation or document, written or oral, in any way related to asbestos and health hazards, or which implicitly or explicitly refers to asbestos and health issues. If so, state the following as 33 3Cne lleZctfieM TELEPHONE (309) 356-6660 JJfSf IN REi ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) to each such document and oral conversation, and each such occasion prior to 1980: < A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, and state the substance of the knowledge acquired. B. Identify all documents pertaining to the advice, publication, statement, warning, order, directive, letter, memorandum, or recommendation and the custodian thereof; C. Identify all company officials and directors who received notice of the existence of the document or oral conversation. For each such oral conversation state the approximate date of said conversation and the parties to said conversation; and, D. What action, if any, was taken by you as a consequence of the document or oral conversation. ANSWER: (A)-(D) See General Objections. ALLIED-SIGNAL also objects to this Interrogatory because the question is overly broad and improperly requires ALLIED-SIGNAL to frame an expert, medical conclusion. However, without waiving its objections, ALLIED-SIGNAL states as follows: It is impossible to state with a reasonable degree of certainty when any of ALLIED-SIGNAL's many officers or employees became aware of reported, potential hazards concerning asbestos. ALLIED-SIGNAL does acknowledge notice of data concerning the potential hazards of asbestos inhalation which has been published in the Federal Register in the form of OSHA Regulations since 1972. Moreover, ALLIED-SIGNAL states that, in the early 1970's, The Bendix Corporation became aware of the following published studies concerning automotive friction materials: 1. Lynch, J.R., "Brake Lining Decomposition Products," Journal of the Air Pollution Control Association. 18 (No. 12), 824-826, December 1968. 2. Hickish, D.E., and Knight K.L., "Exposure to Asbestos During Brake Maintenance," Annals of Occupational Hygiene. 13, 17-21, 1970. 3. Hatch, D., "Possible Alternatives to Asbestos as a Friction Material," Annals of Occupational Hvoiene. 13, 25-29, 1970. 34 Cm, Jomiimu/ S/,, gglcu&eell 8%U[e*, 0>.s. TELEPHONE (305) 356-6600 xsittam*, dftlomda JS/Sf IN BZi ASBESTOS LITIGATION CASS NO. 91-80,000 (CA 42) Since 1970, there have been a limited number of articles and studies on brake linings and exposure to asbestos. The primary scientific study is one conducted from May, 1971 to March, 1973 by The Bendix Corporation, under contract with the Environmental Protection Agency, Office of Air and Water Programs, concerning the survivability of asbestos during the braking process. It was found that the great majority of asbestos contained in brake linings was heated to a temperature high enough to cause chemical conversion to harmless forsterite or olivine. On average, 99.75% of the asbestos in brake linings was converted. Samples of wear debris resulting from the braking process were analyzed and found to contain, on average, only 00.25% asbestos. To provide a systematic, independent check on this analysis, the EPA Project Officer entered into a separate contract with Battelle Columbus Laboratories to analyze the wear debris. Battelle Laboratories found that, on average, the wear debris resulting from the braking process contained only 00.17% asbestos. 29. Knowledge/Asbestosis Please state whether Defendant obtained, prior to 1980, any knowledge concerning the association, if any, between the inhalation of asbestos fibers and a lung disease known as asbestosis, in users, consumers and/or persons exposed to asbestos and/or asbestos containing products. If so, please state: A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, and state the substance of the knowledge acquired; B. As to each such occasion thereafter in which your knowledge as to asbestosis increased either relative to the types of exposures (i.e. trades and occupations, etc.) and/or types of products which became associated with the development of asbestosis state: (1) when was this additional knowledge acquired; (2) how was this additional knowledge acquired; (3) identify by whom it was acquired; (4) state the substance knowledge acquired; of the additional (Tme JwtAmut J^rewir 35 ZStaJUve/l &.S&. TELEPHONE (309) 3999690 IN RE s ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) C. Identify all documents relevant to your acquisition of knowledge concerning the disease, asbestosis and the custodian thereof; and, D. If any of the foregoing knowledge was acquired through an oral conversation, identify each such oral conversation, the approximate date of said conversation and the parties to said conversation. ANSWER: (A)-(D) See General Objections. Moreover, ALLIED-SIGNAL further objects to Interrogatory No. 29 and its subparts to the extent that they require ALLIED-SIGNAL to opine about the potential hazards of exposure to asbestos in other forms or applications, on the grounds that such information is neither relevant to this action, nor reasonably calculated to lead to the discovery of relevant, material or admissible evidence. However, without waiving its objections, ALLIED-SIGNAL states as follows: Although certain types of asbestos may, under certain conditions, be hazardous as loose fibers which can become airborne, asbestos- containing friction products manufactured by ALLIED-SIGNAL contain processed chrysotile asbestos fibers which are encapsulated or locked into the product itself. Together with various friction modifiers and fillers, the asbestos fibers are bound together with a resin binder system and then baked at a temperature in excess of 350 degrees. Exposure to or the proper use of ALLIED-SIGNAL's friction products does not pose a health hazard. 30. Knowledge/Lung Cancer Please state whether Defendant,prior to 1980, ever obtained any knowledge concerning the association, if any, between the inhalation of asbestos and lung cancer, in users, consumers and/or persons exposed to asbestos and/or asbestos containing products. If so, please state: A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, - and state the substance of the knowledge acquired. B. As to each such occasion thereafter in which your knowledge as to lung cancer increased either relative to the types of exposures (i.e. trades and occupations, etc.) and/or types of products which became associated with the development of lung cancer state: (1) when was this additional knowledge acquired; 36 S/i' SBlacJcuse/l TELEPHONE (305) 3SB BBBO ^/oweta JJfSf IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) C. Identify all documents relevant to your acquisition of knowledge concerning mesothelioma and the custodian thereof; and, D. If any of the foregoing knowledge was acquired through an oral conversation, identify each such oral conversation, the approximate date of said conversation and the parties to said conversation. ANSWER? (A)-(D) See General Objections. However, without waiving its objections, ALLIED--SIGNAL states as follows? See Response to Interrogatory No. 29 (A)-(D). 32. Knowledge/Cancer of the Gastrointestinal Tract Please state whether Defendant ever obtained any knowledge concerning the association, if any, between the inhalation of asbestos fibers and cancer of the gastrointestinal tract (i.e. colon, stomach, etc.), in users, consumers and/or persons exposed to asbestos and/or asbestos containing products. If so, please state? A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, and state the substance of the knowledge acquired. B. As to each such occasion thereafter in which your knowledge as to cancer of the gastrointestinal tract increased either relative to the types of exposures (i.e. trades and occupations, etc.) and/or types of products which became associated with the development of cancer of the gastrointestinal tract state? (1) when was this additional knowledge acquired; (2) how was this additional knowledge acquired; (3) identify by whom it was acquired; (4) state the substance of the additional knowledge acquired; C. Identify all documents relevant to your acquisition of knowledge concerning cancer of the gastrointestinal tract and the custodian thereof; and, 38 SBlacJhttell &.S&. TELEPHONE (305) 350 5050 xsftiatmi, SStSf IN RE! ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) D. If any of the foregoing knowledge was acquired through an oral conversation, identify each such oral conversation, the approximate date of said conversation and the parties to said conversation. ANSWER: (A)-(D) See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: See Response to Interrogatory No. 29 (A)-(D). 3 3. Waraing/Description Please provide the following information as to each caution, warning or hazard statement or explanation involving asbestos alleged to have been placed on the products or packaging of asbestos containing products by you? A. What was its precise wording; B. Where was it located on the product or packaging, and what was the size and color of the lettering. C. Has the wording or its presentation ever been altered, and if so, how and when; D. The years during which each version of a caution, warning or hazard statement appeared on each individual product identified in responding to interrogatory 14; E. Identify all company officers and/or committees who participated in the decision to affix each version of the caution, warning or hazard statement to a product or its packaging, and in particular, identify the prime decision-maker, if any; and F. Identify all documents related in any way to each caution, warning or hazard statement and the custodian thereof. ANSWER: (A)-(F) See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: Although ALLIED-SIGNAL does not believe that there is any health hazard associated with the proper use of its friction products, since Cme JouXAfait S/tmur 39 ^SlucJctUe/l & TELEPHONE (309) 350-0800 JRnftla JJ/Jf IN RE I ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) 1973, in recognition of OSHA regulations concerning asbestos exposure, a warning label has been placed on all cartons and boxes of asbestos-containing friction products shipped to customers. ALLIED-SIGNAL and its predecessors have complied with OSHA warning regulations even though it has never been determined that exposure to friction products results in an exposure to asbestos fibers equal to or in excess of OSHA exposure limits for asbestos fibers. From October, 1973 to August, 1986, the warning label read as follows: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS MAY CAUSE SERIOUS BODILY HARM From September, 1986 until the present, the warning label has read as follows: DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD 34. Waming/Insert Has Defendant ever placed any form of package insert or informative brochure in a container of an asbestos-containing product, listed in response to interrogatory 14, explaining the hazards of asbestos? If so, state as to each such insert or brochure: ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: No. A. When was it first placed in containers and for what years thereafter; B. What products had the insert or brochure included; C. Describe the size, shape, color and text of the insert or brochure; D. Identify all persons involved in the decision to include the insert or brochure; and, E. Identify all company officers and/or committees who participated in the decision to include an insert Cme J'oeU&eaef 40 TELEPHONE (309) 356*990 i /Kasir, pfyeimfia JJfJf IN REI ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) or brochure, and in particular, identify the prime decision-maker, if any; and , F. Identify the insert and/or brochure itself and the custodian thereof. ANSWER; (A) - (F) Not applicable. 35. Warning/Customer State whether you published and/or otherwise provided any of your distributors and/or customers with any instructions in regard to the asbestos hazards, if any, presented by use of Defendant's asbestos-containing products, other then inserts or labels (i.e. promotional pamphlets, product manuals, specification sheets, sales brochures, etc.) If so, please state: A. When such instructions were first given; B. By whom and when were these instructions made; C. State the specific instructions provided; and, D. Identify all oral communications and documents related to these instructions. If oral identify the approximate date of said communication and the parties involved, if written provide the custodian of said documents. ANSWER: (A)-(D) See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: Asbestos- containing friction products manufactured by ALLIED-SIGNAL contain processed chrysotile asbestos fibers that are encapsulated or locked into the product itself. Together with various friction modifiers and fillers, the asbestos fibers are bound together with a resin binder system and then baked at a temperature in excess of 350 degrees. Exposure to or the proper use of ALLIED-SIGNAL's friction products does not pose a health hazard. Although ALLIED-SIGNAL does not believe that there is any health hazard associated with the proper use of its friction products, since 1973, in recognition of OSHA regulations concerning asbestos exposure, a warning label has been placed on all cartons and boxes of asbestos-containing friction products shipped to Cme Jautieaet .C/imw 41 ^8/cuJcuse/l & &.S&. TELEPHONE (305) 358 BBBO , &/*<&, sjut IN RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) customers. In 1977, The Bendix Corporation first mailed to its distributors and rebuilder customers copies of the Friction Materials Standards Institute's Brake Lining and Clutch Facing Automotive Data Book, which contained a section entitled "Recommended Procedures For Reducing Asbestos Dust During Brake Servicing." Since 1977, subsequent editions of the FMSI Data Book (also containing a section entitled "Recommended Procedures for Reducing Asbestos Dust During Brake Servicing") have been distributed to customers by The Bendix Corporation and its successors (Allied Corporation's Automotive Sector and AlliedSignal, Inc.'s Automotive Sector). In March, 1979, The Bendix Corporation, by means of a general bulletin, mailed to its distributors and rebuilder customers a Friction Materials Standards Institute publication (dated October, 1978) entitled "Friction Materials Work Practices Guide." During 1984 and 1985, Allied Corporation's Automotive Sector mailed "Product Fact Sheets" to all customers. Beginning July 30, 1986, Allied Corporation's Automotive Sector distributed a Material Safety Data Sheet to all customers. Beginning March 1, 1988, Allied-Signal, Inc.'s Automotive Sector distributed a Material Safety Data Sheet to all customers. 36. Warning/Mask Has Defendant ever placed any form of disposable face mask or respirator in a container of an asbestos-containing product for later use by persons who would handle and/or be exposed to the product? If so, please state: A. The products covered by the practice; B. The year this practice began and the years it was implemented; C. Describe the type of face mask or respirator included in the container; and, D. Identify all oral communications and documents related to this practice. If oral identify the approximate date of said communication and the parties involved, if written provide the custodian of said documents. ANSWER: See General Objections. ALLIED-SIGNAL further objects to Interrogatory No. 36 and its subparts on the grounds that it seeks information which is neither relevant to this action, nor reasonably calculated to lead to the discovery of relevant. Cme */o4/^*ru/ 42 38UA*e/l BWalie*. TELEPHONE (309) 399-6680 ({441ml. JJ/Jf IN REI ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) material or admissible evidence. Without waiving its objections ALLIED-SIGNAL states as follows: No. , 37. Sales Material Has Defendant at any time, published and/or distributed any sales brochures, promotional pamphlets, product manuals, specification sheets or other written sales materials or documents of any kind or character? If so, please: A. Identify each such document and the custodian thereof; B. State for what period of time you published and/or distributed sales brochures, promotional pamphlets, product manuals, specification sheets, or other written sales material or documents without any form of warnings, cautions, hazard statements or explanations concerning asbestos. ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: ALLIED-SIGNAL and its predecessors have furnished customers over the past 50 years with promotional and advertising material relating to automotive friction products, and have published numerous advertisements in trade journals and other periodicals. The burden upon ALLIEDSIGNAL in terms of cost and manhours to respond to this Interrogatory and its subparts would far outweigh the benefits, if any, that such information would provide to the Plaintiffs. 38. Advertisement If you advertised any of your asbestos-containing products, listed in response to interrogatory 14, in newspapers, magazines, or other publications at any time from 1930 to the present, please state for each such advertisement that contained a warning regarding your products: A. The name of the publication in which it appeared, including the date and page number; B. A complete transcript of the advertisement and a description of any pictures accompanying it; C. The name and address of the person or agency that was responsible for approving each such advertisement; l M */ou4htu{ r*/ Ji/r 43 ^lacJLaell&qi/a&e*, TELEPHONE (309) 35M60O i./Smuw, JJfSf IN RE I ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) D. The name and address of whoever has current custody of the above-described advertising literature; and, E. Identify all documents relating to such advertisements and the custodian thereof. ANSWER: (A)-(E) See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: See Response to Interrogatory Nos. 35 and 37. 39. Product Usage/Documents Has any written material of any kind or character been prepared by Defendant or its agents indicating how your asbestos-containing products should be used and/or maintained(other then information in regards to the hazards, if any, presented by use of the defendant's asbestos containing products)? If so, please state as follows: A. Identify all such material and the custodian thereof; B. The name, address and job classification of each person who prepared same; and; C. The dates and manner in which said material was distributed to purchasers of Defendant's products. ANSWER: (A)-(C) See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: See Response to Interrogatory No. 35(A)-(D). 40. Notice/Asbestos Injury Did Defendant receive notice, prior to 1975, that any person was claiming injury as a result of using asbestos-containing products mined, manufactured, sold and/or used by you? If so, please state as to each such claim. ANSWER: See General Objections. However, without waiving its objections ALLIED-SIGNAL states as follows: No. A. The name of the claimant; B. The date of notice of the claim; Cm ^/o4djJn*at/ SCi- 44 TELEPHONE (309) 356-9690 IN REi ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) C. A description of the claim including the type of exposure experienced by the claimant (e.g., mining, milling, manufacturing, insulating, etc.); D. The type of injuries allegedly sustained; E. The caption and court, address of the court or workers' compensation file number of the claim; F. Identify all documents relating to the claim and the custodian thereof. ANSWER; (A) - (F) Not applicable. 41. Specific Trade Association Please state whether Defendant has ever been a member of the following business groups (or group with similar name), and if so, answer the following as to each group: ANSWER: See General Objections. However, without waiving its objections, ALLIED-SIGNAL states as follows: (1) The address of the group; (2) The years during which you were a member; (3) Identify all documents in your possession relating in any way to the group, including documents before, during and after the period of your membership and the custodian thereof. A. Industrial Health Foundation (or one of its predecessors); ANSWER: No. B. Asbestos Textile Institute; ANSWER: No. C. Asbestos Information Association of North America; ANSWER: 1. 1745 Jefferson Davis Highway Arlington, Virginia 22202 2. The Bendix Corporation was a member from 1974 to 1984. 45 ^SlacAuie/l & ty/alie#-, &.S&. TELEPHONE (309) 3SM600 jjtjt IK RE I ASBESTOS LITIGATION CASE HO. 91-80,000 (CA 42) 3. ALLIED-SIGNAL is unaware of any such documents. / D. National Mineral Wool Producers Association; ANSWER: No. E. Asbestos Cement Pipe Producers Association; ANSWER: No. F. Magnesia Insulation Manufactures Association; ANSWER: No. G. American Industrial Hygiene Association; ANSWER: No. H. Brake Lining Manufacturers Association; ANSWER: I. Brake Lining Manufacturer's Association. 2. The Bendix Corporation was a member from 1939 to 1949. 3. ALLIED-SIGNAL is unaware of any such documents. I. Friction Materials Standards Institute, Inc.; ANSWER: 1. 588 Monroe Turnpike Monroe, Connecticut 06468 2. 1949 to present. 3. ALLIED-SIGNAL employees may have received copies of minutes of meetings of the FMSI, if any were prepared. J. Asbestos Brake Lining Manufacturers Institute; ANSWER: No. K. Quebec Asbestos Mining Association; ANSWER: No. ANSWER: L. Institute of Occupational and Environmental Health of Quebec Asbestos Mining Association; No. Cm* CTbif SCf 46 SWaMe*. &.sd. TELEPHONE (305) 3! %. fCuim*. JJfJf IN REI ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) M. American Society for Testing and Materials; ANSWER: No. N. Grinding Wheel Institute; ANSWER: No. 0. Trudeau Foundation; ANSWER: No. P. National Safety Council; ANSWER: No. ANSWER: Q. No. National Insulation Manufacturers Association; and R. The Refractories Institute; ANSWER: No. 42. Library Please state whether Defendant ever maintained any form of library or collection of books and publications. If so, state the following as to each such library: A. The original location of the library, including the building in which it was located; B. The years during which the library was in operation; C. The offices, plant facilities, departments or other organizational units serviced by the library; D. Identify each custodian of the library or librarian as well as the years of his service as librarian; ANSWER: (A)-(D) See General Objections. However, without waiving its objections, ALLIED-SIGNAL states that to the extent 47 s~/i` TELEPHONE (305) 353-6000 V-/&2MIS, JJ/Jf IN REI ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) that this Interrogatory and its subparts relate to a library dealing with asbestos, its response is: "No". < <fnt ^/ovduat/ tTind 48 0&(Wae*. >.S&. TELEPHONE (309) 396 6990 ftut***, Pffinmiia JJfJf IH RE: ASBESTOS LITIGATION CASE NO. 91-80,000 (CA 42) VERIFICATION STATE OF MICHIGAN COUNTY OF OAKLAND ) ) SS. ) J. KENNETH WAINWRIGHT, JR., being first duly sworn, upon his oath at law, deposes and says: 1. I am Senior Litigation Counsel for Defendant, ALLIEDSIGNAL, INC. I am authorized to sign the foregoing Responses to Interrogatories on behalf of ALLIED-SIGNAL, INC. 2. The responses were prepared with the assistance and advice of counsel and other representatives of ALLIED-SIGNAL, INC. The information contained in the responses was furnished by various employees of and departments within ALLIED-SIGNAL, INC. and/or has been derived from business records maintained by ALLIED-SIGNAL, INC. 3. While I do not have personal knowledge of the facts recited in the responses, they are true to the best of my knowledge, information and belief. and SWORN to before me 1992 My Commission Expires NOTARY PUBLIC - State of Michigan CAROL A. BURKE NOTARY PUBLIC STATE OF MICHIGAN MACOMB COUNTY I ACTING IN: OAKLAND COUNTY ImY COMMISSION EXP JAN 31.1904 (T'/oulhad/ t'/A* SS> 49 SSlacAtoeM &tfl/cUJbe*>, &.S&. TELEPHONE (309) 386 >660 K.fCtanu, JJtJf