Document mBdbN6g0xdXMNg1VqezNBVpE4

rtUG.3 as: ST00Q9969 NO. 81-G-1331 JACK MEYER AMO WIFE BARBARA MEYER V JOHNS-MANVILLE SALES CORPORATION, ET AL S IN THE DISTRICT COURT OF s s s BRAZORIA COUNTY, TEXAS s s s 239TH JUDICIAL DISTRICT INTERROGATORIES OF KAISER GYPSUM COMPANY, INC TO DOW CHEMICAL COMPANY TO: DOW CHEMICAL COMPANY by its attorney of record, Andrew Hanen, Andrews & Kurth, 4200 Texas Commerce Tower, Houston, TX 77002. KAISER GYPSUM COMPANY, INC. propounds these interrogatories to DOW CHEMICAL COMPANY. Pursuant to Rule 16B, Texas Rules of Civil Procedure, the following interrogatories shall be answered separately and fully in writing under oath. Answers to the interrogatories shall be preceded by the interrogatory to which the answer pertains, with the answers to be signed by the person making them, and the provi sions of Rule 14, T.R.C.P. shall not apply. The original of the sworn answers is to be filed in the Court in which this suit is pending thirty (30) days after the service of these interrogatories, with a true copy of the sworn answers at the time forwarded to the undersigned. You are reminded that, under the provisions of Rule 168, Texas Rules of Civil Procedure, a party is under a duty seasonably to amend its answers if it obtains information upon the basis of which (1) it knows that the answer was incorrect when made; (2) it knows that the answer though correct when made is no longer true and the circumstances are such that a failure to amend the answer is in substance a knowing concealment or misrepresentation; or QL660001S (3) if the party expects to call an expert witness whose name and the subject matter of such witness* testimony has not been previously disclosed in response to an appropriate interrogatory, such answer must be amended to include the name, address, and telephone number o the witness and the substance of the testimony concerning which the witness is expected to testify, as soon as is practical, but in no event less than fourteen (14) days prior to the beginning of trial except on leave of court. If such amend ment is not timely made, the testimony of the witness is subject to exclusion by the trial court. Respectfully submitted HEATH i KNIPPR^y 2800 Texas Commerce Tower Hnvouussctonrif, Texas 77002 (713) 224-3330 Attorneys for KAISER GYPSUM COMPANY, INC 2 IL660001S WRITTEN INTERROGATORIES 1, Did Dow Chemical Company, from January 1, 1940, through December 31, 1965, have on its premises in Freeport, Texas, any product manufactured or sold by Kaiser Gypsum Company, Inc.? Unknown 2'. If the answer to interrogatory number one (1) is in the affirmative, please: (a) Specifically identify the product: N/A (b) The date it was purchased: N/A (c) State verbatim all information printed on any identifi cation tag on the product: N/A (d) State any identifying serial numbers on the product: N/A I 3 ST0009972 (e) The exact location where such product is located on your premises in Freeport, Texas: N/A () State verbatim the contents of any documents, notes, memoranda, specifications, purchase orders, bills, receipts and records pertaining to the purchase by Dow Chemical Company of any product sold or manufactured by Kaiser Gypsum Company, Inc, between January 1, 1940, and December 31, 1966. N/A (g) In lieu of answering subparagraph (f) of interrogatory number two (2) please attach true and correct and legible copies of all such documents, notes, memoranda, specifications, purchase orders, bills, receipts and records referred to in subparagraph (f) to your answers to these interrogatories. N/A 3. Please state the name and address of the person answering these interrogatories. Edward A. Aldous, Jr., Senior Attorney The Dow Chemical Company Freeoort, Texas 77541 4. Please specifically identify all sources of information referred to in answering these interrogatories. N/A 4 ST0009973 List the names and addresses of all witnesses who have knowledge of the facts: (a) Of the purchase or acquisition of Kaiser Gypsum products by Dow Chemical Company: Unknown (b) The location thereof in the Freeport premises; Unknown (c) The contact of Plaintiff Meyer with such products. Unknown 5