Document ga2D6785yDGk37163vadpazb9

AMlLMetf Tw.I. LOW J.CwMMHVCH.CAUCAoHeC*S*, M. JJOAMHNC*CMR.ClOHKCTSONNt/TsT * J. . WHirrcMftVftQ AV NKALe (nu JW0O.OHAtNkUMfWtMM. Nf^tCffttTMWfCtTNfStM M. Lft0M1C* MftTMAfTMAAMMTftORVNAMT H&O,WARDl-t_efetfttfotftwC* eUixCiM>AtaLi Aft.ToRcUftNoCoAcAL*Uft lamCC c. LCANNK VOHMBOM bav'O a fishcr JQMH W. JOHMMM Oroain, Bell & Tucker, L.L.P. ATTORNEYS AT LAW A90 U&AN* TCCT BEAUMONT, TEXAS 77701 TELEPHONE f*o> ese-e*** PAX (400) ftJS-ftftftft September 21, 1995 MCX ft CAM6LL T, LTMM WAASCM fMUMUHBItI fftt.VtfAtfMtAATft-TVPft UAfftMttLATWM.AfMtCf6tf.tCCAMAfttU. ftAVft . AW>SM eAI< ft *MM MMCftfcftCACftCft JftHW a. TUCftCA ft. ft. fttaMLCT ftkCTTMAH eucvc bachmaw mcnftcw Hnu. C. AMAIN lift **> maw i. acu. iiftftVMftftfti Re: Kelly-Moore Paint company's Answers to Plaintiffs' Master Interrogatories In Re: All Asbestos-Related Personal Injury or Death Cases Filed or to be Filed in Dallas County, Texas Ms- Melissa HuttS Baron & Budd The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 VIA FAX 214/520-1181 Dear Ms. Hutts: This letter is in response to your FAX of September 21, 1995, regarding Kelly-Moore's Answers to Interrogatories. I hope that this response will enable us to postpone the hearing on the Motion to Compel which is presently set for Friday, September 22, 1995. Interrogatory 5: Exhibit A is a complete list of all Kelly-Moore Paint Company's asbestos-containing products. Interrogatory 6fe,>: I will be able to provide you with the percentage/asbestos content for each Kelly-Moore asbestos-containing product. Interrogatory 7(a); The status of the 88 boxes in storage in San Carlos, California is in question due to the recent fire at the San Carlos facility. Assuming that the boxes of documents are still intact, Kelly-Moore will make the documents available to Baron & Budd for inspection upon reasonable notice. Although we do not think that there are privileged matters in the documents, we would reserve the right to withdraw any privileged document that may exist, and provide you with a privileged log. ^ Page 2 Unfortunately/ no Index exists that would streamline the process of looking through the documents* Interrogatory 10: Your letter indicates that interrogatory No. 10 has something to do with tests performed by the Kelly-Moore Paint Company on their asbestos-containing products. Our copy of the Interrogatory 10 concerns design changes or modifications. Our answer to Interrogatory 10 is correct. Interrogatory 15; Interrogatory 15 concerns Kelly-Moore's knowledge of worker compensation claims or personal injury claims prior to 1970. Kelly-Moore answered this question in the negative. Interrogatories 19 and 20t Kelly-Moore Paint Company is not withholding any answers or documents responsive to these interrogatories based upon privilege. Interrogatory 21: Our answer to Interrogatory 21 concerns more than two locations. The information about the operations of the various Kelly-Moore manufacturing facilities was provided by the client and stated in response to the interrogatories. Interrogatory 22: Notwithstanding the objections to Interrogatory 22/ KellyMoore' s answer appears to be fairly complete. If you want some specific information that is not stated/ I will endeavor to get a specific answer. Interrogatory 23: 1 am in the process of trying to see if there is any additional information I can provide you in response to Interrogatory 23. My efforts to follow up on this matter have been delayed, in part, by the large fire experienced by Kelly-Moore. I hope to have a definitive response for you by October 22, 1995. Interrogatory 33s Kelly-Moore has identified only three suppliers of raw asbestos in response to answer to Interrogatory No. 33. Page 3 interrogatory 38: Assuming that the 88 boxes of documents referred to in our answer to Interrogatory 38 still exist, these boxes will be made available to Baron & Budd for Inspection. These documents will be produced as they have been kept in the regular course of business. Kelly-Moore does not intend to go through each box to segregate documents that may pertain to the purchase of asbestos-containing material from any of their suppliers. Unfortunately, no index exists. Interrogatory 39: 1 will endeavor to see if the depositions of Doug Merrill noted in our answer are still in existence. Interrogatory 47? The answer given by Kelly-Moore in response to Interrogatory 47 is an accurate statement. Kelly-Moore simply does not know whether the studies referred to in the interrogatory answer exist. Again, a search of the 88 boxes of documents may or may not. reveal the existence of the study. If the boxes of documents still exist, they will be made available to Baron' & Budd at a mutually convenient time and upon reasonable notice. Interrogatory 48; Kelly-Moore did not research on the health effects of asbestos. Interrogatory 51; 1 am continuing my efforts to get more precise information based upon our previous telephone conversations about the interrogatory. Interrogatory 54: I believe that our answer to Interrogatory 54 is accurate and complete. I hope that this letter more fully explain our Answers to Interrogatories and my efforts to get supplemental information. I felt that this letter would more accurately reflect my views on the specific interrogatories referred to in your TAX of September 21, Page 4 1995. If you find this to be in order, please postpone the hearing on the Motion to Compel. If you have questions or comments, please give me a call. Sincerely, ORGAIN, BELL & TUCKER, L.L.P. MJT/gr TOTAL P.05 Orgain, Bell & Tucker, L.L.P. ATTORNEYS AT LAW 470 ORLEANS STREET BEAUMONT, TEXAS 77701 FAX (409) 838-6959 VOICE TELEPHONE (409) 838-6412 . THE INFORMATION CONTAINED IN THIS FAX MESSAGE IS INTENDED ONLY FOR THE PERSONAL ` AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED BELOW. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION OR ATTORNEY WORK PRODUCT AND AS SUCH IS 'PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR. " AND THAT ANY USE, REVIEW, DISSEMINATION, DISTRIBUTION. OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY COLLECT TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO ! US BY MAIL TO THE ABOVE ADDRESS. WE WILL REIMBURSE YOU FOR ANY REASONABLE EX > PENSES YOU INCUR IN DOING SO. THANK YOU. DATE: JTOA-- m*.i fsspt_____nutt.-g_________-- f^oMwxKiy/wBM^L fixP on Li &ud4- IViL'city- SLJl STATE:. FAX U! phon E NO: LFRdMj^yli cAofci Tf u nrajE-nsfr id no.. Especial instruction^-.____________________________________ MATTER ^O. EITHER;___________________________________________ _________________________ ^TOTALNUMBER OF PAGES INCLUDING COVER SHFFT- _________________ 'IF YOU'DO NOT RECEIVE NUMBER OF PAGES AS SHOWN OR HAVE PROBLEMS (RECEIVING THIS FAX, PLEASE CALL (40B) 838-B412 * gATESENT;. _TIME: 8