Document k9VrkBeNdgMxJ73JoLd4VKazb

i IN THE UNITED STATES DISTRICT -COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION HERMAN A. DENDINGER, et al., Plaintiffs, vs. CHRYSLER PLASTIC PRODUCTS CORPORATION, et al., Defendants. ) Case No. C 84-7854 ) [Hon. .Nicholas J. Walinski] ) ) . RESPONSE OF DEFENDANT THE ) GOODYEAR TIRE & RUBBER ) COMPANY TO PLAINTIFFS' ) REQUESTS FOR PRODUCTION ) OF DOCUMENTS DIRECTED TO ) ALL DEFENDANT PVC ) MANUFACTURERS _______ --0O0- Now comes 'defendant,' T^he Goodyear' Tire & Rubber Company, and for.its response,to plaintiffs' requests for production of documents states as follows: 1. All records of sales, direct or indirect, of Polyvinyl Chloride (PVC) resin from you to Chrysler Plastic Products Corporation (Chrysler) between January 1, 1967 and December 31, 1980. k ANSWER: See sales reports attached as Attachment 1. 2. "A11 documents indicating the extent to which PVC resin sales to Chrysler during the time period indicated above, represented sales of PVC resin manufactured in the: (a) suspension; (b) emulsion; (c) bulk; or, (d) solution process. ucc 045844 ANSWER: This is indicated by the product, code numbers on .tfie sales reports, see Attachment I and response to Interrogatory No. 8. 3. All documents indicating the extent to which PVC resin sales to.Chrysler during the time period specified in request number 1, were of (a) Homopolymer; (b) copolymer; or, (c) terpolymer. ANSWER: This i.s indicated by the product code numbers on- the sales reports, see Attachment 1 and response to Interrogatory No. 11.. *' j. ' 4. All written documents indicating* with respect to' PVC resin sold to Chrysler during the time period specified above, the size (in microns) of the resin sold. ANSWER: We have none. 5. All written documents indicating the results of any tests done on any PVC resin by you or any other entity to determine, the concentration (in parts per million) of residual vinyl chloride monomer in PVC resin of the type sold to Chrysler during the time period specified in request number 1. ANSWER: See reports attached as Attachment 2. ucc -2- 045845 6. All Material Safety Data Sheets published by you prior to January 1, 1986, relating to any PVG resin manufactured by you. ANSWER: Objection, any Material Safety Data Sheet published subsequent to 1980, the last date of exposure in this case, is irrelevant* Attached as Attachment 3. 7. All documents in your possession indicating the dates of manufacture and the dates of shipment of PVC resin sold to Chrysler. ANSWER: ' None other than the attached sales reports' which show sales by product and-by year, see Attachment 1. . 8. All written results of any testing done on the PVC resin identified in the prior request to determine the concentration of residual vinyl chloride monomer. ANSWER: None now in existence except as indicated in 5 above, see Attachment 2. 9. All documents sent by you to the Occupational Safety & Heatth Administration, relating, in any way, to PVC. ANSWER: None to our knowledge. 10. All documents reporting or summarizing efforts taken by you, at any time since January 1, 1967 to reduce the -3- ucc 045346 percentage of residual vinyl chloride monomer in PVC resin manufactured by you. ANSWERi A search was made of company files but we were not able to locate any such documents, see response to Interrogatory No. 19. 11. Each and every document sent to Chrysler, informing Chrysler of any known or potential human health hazard relating to exposure or over exposure to vinyl chloride monomer. ANSWER: -- --------- - 'I We believe that Chrysler was supplied- with all or most of.the Material Safety Data Sheets attached hereto as Attachment 3 and also received the customer letter dated May 8, 1974, attached as Attachment 4. UCC 045847 -4- AS TO OBJECTIONS: Of Counsel For Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., and Diamond Shamrock Corp.: FULLER & HENRY 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Robert A.'Bunda / 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Telephone: (419) 255-8220 Attorney for Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., and Diamond Shamrock Corp. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Responses to Plaintiff's Requests for Production of Documents Directed to all Defendant PVC Manufacturers was mailed by United States mail, postage prepaid, to Kirk J. Delli Bovi, Esq., attorney for plaintiff, at his office located at Murray & Murray Co., L.P.A., 300 Central Avenue, Sandusky, Ohio 44870, and to defense counsel as set forth in the attached Schedule of Service this t day of October, 1986. Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, and Diamond Shamrock Corp. SCHEDULE OF SERVICE M. Donald Carmin, Esq. 800 United Savings Building Toledo, Ohio 43604 Attorney for Defendants Chrysler Plastic Products Corporation Norman P. Phillips Albert W. Cramer Robert D. Gustine William C. Holsapple Ron C. Abbott Willis P. Jones, Jr., Esq. 200 Toledo Legal Building 416 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant DiversiTech General, Inc. S. Stuart Eilers, Esq. Douylas N. Barr, Esq. Timothy J. Coughlin, Esq. 1100 National City Bank Bldg. Cleveland, Ohio 44114 Attorney for Defendant Stauffer Chemical Company H. William Bamman, Esq. 414 K. Erie Street Toledo, Ohio 43624 Attorney for Defendant A. Schulman, Inc. Ellis F. Robinson, Esq. 610 United Savings Building Toledo, Ohio 43604 Attorney for Defendant Shintech, Inc.