Document nE060XLb7zaroMRgK6Lzv89z
NOV 91994
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
IN RE: ASBESTOS LITIGATION: JAMES A. STALVEY and EVA S. STALVEY,
Plaintiffs, v. HAVEG INDUSTRIES, INC. a/k/a CHAMPLAIN CABLE CORPORATION, et al..
Defendants.
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PLAINTIFFS EXHIBIT
HAV-23
DEFENDANT AMETEK'S ANSWERS AND'OBJECTIONS TO STANDING ORDER INTERROGATORIES
Defendant Ametek, Inc. ("Amet^k"), responds to the individually numbered paragraphs of the Standing Order Interrogatories as follows:
GENERAL RESPONSES AND OBJECTIONS 1. Ametek objects to any and all interrogatories to the extent they seek the disclosure of information or .documents .protected, by the attorney^client, and'/ar-workv-product privileges. 2. Ametek objects to any and all interrogatories to the extent they seek information not relevant to the
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subject matter of this action and information not reasonably
calculated to lead to the discovery of admissible evidence.
3. Ametek objects to these interrogatories to the
extent that they require it to respond in any way other than
as required by Superior Court Rule of Civil Procedure 33.
4. Ametek further obj ects to these interrogatories
on the grounds that they are overbroad, burdensome and
irrelevant because the information sought is not in any way
limited in time or to activities which related to the exposure
of plaintiffs to any product of Ametek.
5. Ametek objects to these interrogatories to the
extent that they seek information about each of its 32
manufacturing facilities located in the United States and
abroad. Without waiving the foregoing objection, Ametek will
respond on a corporate basis except where its response is
specifically limited to the Marshallton plant.
6. Ametek reserves the right to supplement these
responses to the extent additional information is uncovered.
RESPONSES
1. Describe in detail, with specificity and particularity each product mined, produced, manufactured or sold by the answering defendant or its predecessors in title or subsidiaries which contained asbestos for each year from .1936 until 1980; and for each such product describe:
a. -Its * chemical ingredients;
b. State the manner in which it was intended to be used, i.e., in the construction and/or insulation of buildings and/or equipment, etc.;
state;
c. For each ingredient contained therein
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d. i. The name or chemical composition of each substance, what harmful effects, if any are known, that it produces in man or mammals and whether it produces its harmful effects through ingestion, inhalation, absorption or a combination of these;
ii. When you determined and/or learned that the substance produced harmful effects and how such effects were produced;
iii. Identify each individual who participated in such determination and/or obtained such knowledge;
iv. Identify each document that refers, reflects or- relates to any information pertaining to the properties of each of the ingredients and/or how the harmful effects are produced as well as your determination of those toxic effects and the manner by which they are produced;
v. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied;
vi. Which products or ingredients were mined, which were manufactured and which were distributed by answering defendants.
ANSWER: 1. Ametek objects to this interrogatory to the
extent that it seeks information about the Haveg product line
prior to 1980, the year in which Ametek purchased some of the
assets of Haveg Industries, Inc., a wholly-owned subsidiary of
Hercules Incorporated. Since Ametek bought only assets of
Haveg Industries, Inc., it does not have a predecessor-in
title that mined, produced, manufactured or sold a product
that contained asbestos during the years 1936 until 1980. Any
information about the Haveg product line pre-1980 should be
obtained from co-defendant Hercules Incorporated. Ametek has
never mined, produced, manufactured or sold a product that
contained asbestos.
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2. If any product identified in answer to Interrogatory No. 1 was produced, manufactured and/or sold under a trade name, identify that trade name(s)and state the time period that each such product was sold under such trade name.
ANSWER: 2. Not applicable. See Interrogatory Response No. 1.
3. For each product identified in answer to Interrogatory No. 1, state:
a. The address of each plant where it was manufactured, processed or packaged;
b. Whether you were the sole producer, manu facturer and/or distributor of the product and, if not:
i. The name and address of each other person, firm or other entity engaged in the production, manufacture and/or distribution of the product;
ii. Whether any other manufacturer produced the product by virtue of a franchise or license from you;
iii. The persons or firms who produced the product for distribution in the United States;
iv. The person or firms who produced the product for distribution in the State of Delaware.
ANSWER: 3. Not applicable. See Interrogatory Response No.
1.
4. For each product identified in answer to Interrogatory 1 state:
a. How the product was sold and/or distributed for use in the United States and/or the State of Delaware.
b. Identify all persons, firms or other entities to Whom these products were'sbrd or through Whom they were distributed during the period 1936 to 1980;
identified following:
c. For each such person, firm or other entity in answer to subpart (b) above, state the
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distributed;
i. the specific product sold and/or
ii. the quantity of the product sold and/or distributed;
iii. the dates which these products were sold, shipped and delivered to each entity;
d. Identify each individual who has any knowledge of these sales and or distribution and state with specificity and particularity the substance of each individual's knowledge;
e. Identify and produce all documents which refer, reflect or relate to all sales and/or distribution of each such product to each such entity identified above.
ANSWER: 4. Not applicable. See Interrogatory Response No.
1.
5. For each product identified in answer to Interrogatory 1 state whether you engaged in any advertising program to promote the sale of that product and, if so state:
a. The name or description of each advertising media that you have used to promote the product during the period 1936 to 1980;
b. The name of each national magazine or periodical in which you have advertised the product during the period 1936 through 1980;
c. The date of each issue of such magazine or Periodical in which such advertisement appeared;
d. The name and address of each newspaper in which it advertised the product during the period 1936 through 1980:
e. The date of each publication of each newspaper in which the advertisement appeared;
"f. 'Identify and produce each document Which refers, reflects or pertains to each such advertisement which was published in each such magazine, periodical and/or newspaper;
g. State whether the advertising of the product was handled by an agency and, if so, state the name and address of each advertising agency that handled any
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portion of the advertising of the product during the period 1936 through 1980.
ANSWER: 5. Not applicable. See Interrogatory Response No.
1.
6. For each product identified in answer to Interrogatory 1 which was distributed to a company that used said products in Delaware or was a distributor of said products for an area including Delaware state:
a. The name and address of the company;
b. Whether the asbestos contained was tremolite, crodolite, crysotile, amosite and/or anthophyllite asbestos and state the amount in terms of the percentage of the total asbestos contained in the product;
c. The total amount of asbestos contained in the product;
d. The exact formulation of the product including the other non-asbestos ingredients thereof;
e. The name and address of each individual who participated in the formulation of such product;
f. The identity of each document which refers, reflects or relates to any information provided in the answer to this interrogatory;
g. The names and addresses of the persons usually communicated with when dealing with said company.
h. Identify the living individual most knowl edgeable about the answers given above in 6(b), (c) and (d) ;
i. Identify the living individual most knowl edgeable about distribution of the above products in Delaware and in an area of which Delaware was a part.
ANSWER: 6. Not applicable. See Interrogatory Response No.
*1.
7. With regard to each form of asbestos fibers identified in the answer to Interrogatory 6, state:
a. Where it was purchased, if it was not purchased, where it was obtained;
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b. From whom it was purchased;
c. The manner in which it was received, stored and used in the production of the product.
ANSWER: 7. Not applicable.
8. If you manufacture any insulation products which are commonly used by insulators and which contain asbestos:
a. Describe how the products listed in (b) are cut, shaped, mixed and applied on the jobs giving particular reference as to whether or not the materials have to be sawed or cut on the job, blown into confined areas, or mixed with water into a cement or paste;
b. State if there is any way known to you that the products listed below can be used and applied without the worker inhaling any of the asbestos dust or fibers:
i. Asbestos cement; Asbestos Finishes;
ii. Asbestos pipe covering;
iii. Asbestos bricks or block;
iv. Asbestos sheeting;
v. Asbestos insulation used to cover extremes of heat as well as cold;
vi. Asbestos insulation in loose form which may be blown into homes or buildings;
vii. Asbestos in spray form;
viii. or particulate form.
Asbestos mineral in fiber form
ix. Asbestos Hillboard, rope, gaskets, paper -gloves or blanket.
c. Did your company buy any products listed in (b) above from other manufacturers and relabel it or have it labeled for your company?
i. If yes, which products and from whom.
d. Did your company produce any products within the list in (b) above for other companies?
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i. If yes, which products and for whom.
e. Whether prior to distributing the product you altered it in any manner from the form in which you received it from the source, and if so what type of alterations or modifications were made by you;
f. Whether prior to distributing the product you re-packaged or in any way altered the packaging or labelling of the product after receiving if from the source, and if so what alterations were made by you.
ANSWER: 8. Not applicable.
9. For each product listed in answer to Interrogatory No. 1, describe each end use for which each such product was intended to be used by the general industry and for each such use:
used;
a. Describe the form of the product when so
b. Describe the process and/or method by which the product would be applied for each such use;
c. Describe the equipment to be used to apply the product for each such use;
d. Identify each document that refers, reflects or relates to any information and state the full substance of the information supplied.
ANSWER: 9. Not applicable. See Interrogatory Response No.
1.
10. State whether any of the equipment identified in answer to Interrogatory No. 9(c) was invented, developed or first made by you or any person associated with you or any related company or association, state:
a. When it was invented, developed or made;
b. The identity of each individual who participated therein and describe "in detail the extent of liis participation;
c. The identity of each document which reflects, refers or relates to any information set forth in answer to this interrogatory.
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d. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 10. Not applicable.
11. If any piece of equipment identified in answer to Interrogatory No. 9(c) was invented, developed or first made by you or any person associated with you or any related company or associated, state:
a. When it was invented, developed or made;
b. The identity of each individual who participated therein and describes in detail the extent of his participation;
c. The identity of each document which reflects, refers or relates to any information set forth in answer to this interrogatory.
d. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 11. Not applicable.
12. State whether you or any person associated with you or any related company or association invented, developed or made any change and/or . improvement in any piece of equipment identified in answer to Interrogatory No. 9(c), and if so:
made;
a. Describe the change and/or improvement
b. State when it was made;
c. Identify each individual who participated therein and describe in detail the extent of his participation;
d. "Identify each document which reflects, refers or relates to any information set forth in answer to this interrogatory;
e. As to any information received orally in answer to this interrogatory, identify each person who has supplied such information and state the full substance of the information supplied.
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ANSWER:
12. Not applicable.
13. For each process and or method identified in answer to Interrogatory No. 9(b), state whether it was developed by you or a parent or subsidiary or related company.
ANSWER: 13. Not applicable.
14. For each process and/or method identified in answer to Interrogatory No. 9(b) developed or first made by you or any person associated with you or any related company or association, state:
a. When and where it was developed;
b. The identity of each individual who participated therein and describe in detail the extent of his participation ?
c. The identity of each document which reflects, refers or relates to any information set forth in answer to this Interrogatory;
d. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 14. Not applicable.
15. State whether you or any person associated with you or any related company or association developed or made any change and/or improvement in any process and/or method identified in answer to interrogatory No. 9(b), and if so:
made;
a. Describe the change and/or improvement
b. State when and where it was made;
c. Identify each individual who participated therein and describe in detail the extent of his participation;
d. Identify each document - which xeflects, refers or relates to any information set forth in answer to this interrogatory;
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the
V information supplied;
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f. Identify the living person who has the most knowledge of matters discussed herein.
ANSWER: 15. Not applicable.
16. For each product identified in the answer to Interrogatory No. 1, describe what, if any, tests were made to determine the safety of said product and:
made;
a. State when and where each such test was
b. Describe the results of each such test;
c. Identify each individual who participated therein and describe in detail the extent of his participation;
d. Identify each document which reflects, refers or relates to any information set forth in answer to this interrogatory;
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 16. Not applicable. See Interrogatory Response No.
1.
17. For each process or method identified in answer to Interrogatory No. 9(b), describe what, if any, tests were made to determine the safety of said process or method and:
made;
a. State when and where each such test was
b. Describe the results of each such test;
c. Identify each individual who participated therein and describe in detail the extent of his participation;
d. Identify each * document which reflects, refers or relates to any information set forth in answer to this interrogatory;
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
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ANSWER:
17. Not applicable.
18. For each piece of equipment identified in answer to Interrogatory No. 9(c), describe what, if any tests were made to determine the safety of said equipment and:...
made;
a. State when and where each such test was
b. Describe the results of each such test;
c. Identify each individual who participated therein and describe in detail the extent of his participation;
d. Identify each document which reflects, refers or relates to any information set forth in answer to this interrogatory;
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 18. Not applicable.
19. For each label, brochure, or other written material describing or relating to the use of each product identified in answer to Interrogatory No. 1, produced by you or any person associated with you or any related company or association;
a. Describe its contents;
b. was distributed;
State when, where, how, and to whom its
c. State the manner in which it was placed on or in the product container or whether it was separate from the product container;
d. State whether any written, printed or graphic matter was present to warn of any .harmful Ingredient it might contain. If so, state:
i. Whether a signal word, i.e. "danger",
"warning" or "caution" was present;
ii. Whether the signal word was printed in boldface, capital letters or different colored inks. Which?
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iii. The wording of the statements describing any hazard;
iv. The wording of all directions and/or instructions pertaining to any method of use to avoid any hazard.
e. Identify each individual who participated in the writing of the label, brochure or other written materials and describe in detail the extent of his participation;
f. Identify each document which reflects, refers or relates to the information contained on the labels, brochures, or other written materials, and/or the decision to include such information.
g. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER; 19. Not applicable. See Interrogatory Response No.
1.
20. For each product identified in answer to Interrogatory 1 state whether warnings of any harmful or potentially harmful effects of the product were printed on the cartons or packing cases in which individual containers were packed and, if so:
a. State the printed warning's contents;
b. State when the warning was used;
c. Describe the manner in which it was placed on or in the product container;
d. Identify each individual who participated in writing of the label or brochure and describe in detail the extent of his participation;
e. Identify each document which reflects, refers or relates to the information contained on the cartons or packing cases and the decision to include that information;
f. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
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ANSWER:
20. Not applicable. See Interrogatory Response No.
1.
21. For each label, brochure, or other written material describing or relating to each process or method identified in answer to Interrogatory No. 9(b) produced by you or any person associated with you or any related company or association; and for each such label, brochure or written material:
a. Describe its contents;
b. State when, where, how, and to whom it was distributed;
c. State whether any written, printed or graphic matter was present to warn of any harmful ingredient it might contain. If so, state:
i. Whether a signal work, i.e. "danger", "warning- or "caution" was present;
ii. Whether the signal word was printed in boldface, capital letters or different colored inks, and if so, which one:
iii. The wording of the statements describing any hazard;
iv. The wording of all directions and/or instructions pertaining to any method of use to avoid any hazard.
d. Identify each individual who participated in the writing of the label, brochure or other written materials and describe in detail the extent of his participation;
e. Identify each document which reflects, refers or relates to the information contained on the labels, brochures, or other written materials and/or the decision to include such deformations
f. As-to any information-received-orally-in answer to this interrogatory, identify each person who supplied information and state the full substance of the information supplied.
ANSWER: 21. Not applicable.
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22. For each label, brochure, or other written material describing or relating to equipment identified in answer to Interrogatory No. 9(c), produced by you or any person associated with you or any related company or association; and for each such label, brochure or written material;
a. Describe its contents;
b. State when, where, how, and to whom it was distributed;
c. State whether any written, printed or graphic matter was present to warn of any harmful ingredient it might contain. If so, state:
i. Whether a signal word, i.e. "danger", "warning" or "caution" was present;
ii. Whether the signal word was printed in boldface, capital letters or different colored inks, and if so, which one;
iii. The wording of the statements describing any hazard;
iv. The wording of all directions and/or instructions pertaining to any method of use to avoid any hazard
d. The identity of each individual who participated in the writing of the label, brochure or other written materials and describe in detail the extent of his participation;
e. The identity of each document which reflects, refers or relates to the information contained on the labels, brochures, or other written materials and/or the decision to include such information;
f. As to any information received orally in answer to this interrogatory, identify each person who .supplied information and state the .full substance of the information supplied.
ANSWER: 22. Not applicable.
23. With regard to the production, distribution, and/or sale of each product identified in answer to Interrogatory 1 state whether you have ever been accused of violating any of the provisions of the Federal labeling of Hazardous Substances Act, and, if so, state:
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a. The date of each indictment, complaint or information that accused you of such violation;
instituted;
b. The court in which the proceedings were
c. The plea you entered;
case;
d. The verdict and/or judgment in each such
case;
e. The date set for trial of any pending
f. Identify each document which reflects, refers or - relates to information pertaining to such accusation;
g. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER:
1.
23. Not applicable. See Interrogatory Response No.
24. For each product identified in answer to Interrogatory 1, state whether you contend it is a "hazardous substance" as defined in 15 United States Code, Section 1261(f) and, if so, state with specificity and particularity the facts which you rely on to support that contention.
ANSWER: 24. Not applicable. See Interrogatory Response No.
1.
25. With regard to each product identified in answer to Interrogatory 1 state whether any quantity of that product has ever been seized by any agency of any government; and if so:
a. State the date of each such occurrence;
b. State the name or description - of - the violations of which you were accused;
filed;
c. State the court in which the action was d. Describe the judgment that was rendered;
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e. State the date that has been set for trial of any pending case;
f. Identify each document which reflects, refers or relates to information pertaining to such seizure;
g. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER:
1.
25. Not applicable. See Interrogatory Response No.
26. State whether you have ever been the subject of any investigation or accusation by any Governmental Agency concerning the provisions of the Occupational Safety and Health Act of 1970 (P.L. 91-596, 29 U.S.C. 651 et seq.). If so state:
a. The date of such investigation, accusation, or other administrative or judicial procedure or action;
b. The administrative agency or court in which any proceedings arising from such investigation or accusation were heard or instituted.
c. The determination and results of any such accusation or action:
d. The identity of each document which refers or relates to information set forth in answer to this interrogatory.
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 26. Ametek objects to this interrogatory to the
extent that it seeks information about products or processes
that do not contain asbestos on the grounds it is overbroad,
not relevant to the subject matter of this action and not
reasonably calculated to lead to the discovery of admissible
evidence. Without waiving the foregoing objection, Ametek's
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answer is that there have been no such investigations at
Ametek's MarshalIton plant.
27. State what action, if any, you have taken since 1935 to reduce or eliminate any risk of occupational disease or personal injury to those engaged in the manufacture of your asbestos products or to those using your asbestos products which arises from the inhalation of dust and fibers.
ANSWER: 27. Not applicable.
28. Describe in full and complete detail each of the activities which you have undertaken with the intention of warning the public of the effects of any product identified in answer to Interrogatory 1 as to the health of the user or general public and give the inclusive dates of each such activity, and:
a. Identify each individual who participated therein and describe the nature of his participation;
b. Identify each document which reflects, refers or relates to information pertaining to such warning;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER:
1.
28. Not applicable. See Interrogatory Response No.
29. Have you or any of your companies conducted any studies concerning the effects of inhalation of asbestos dust or fibers by one using or being exposed to any of the asbestos materials manufactured by you and/or any of your companies? In answer to this question, please state:
studies;
a. The date, nature and location of your
b. The name or .names of the persons conducting 'the -studies - and-their address- and - describe -in detail the extent of their participation;
c. The purpose of the studies;
d. The identity of each document which refers or relates to any information set forth in answer to this interrogatory;
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e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 29. Not applicable.
30. Have you or any of your companies conducted any studies designed to minimize or eliminate the inhalation of asbestos dust and fibers by those exposed to the use of any of the products containing asbestos materials manufactured by you or any of your companies? If so:
studies.
a. The date, nature and location of your
b. The name or names of the persons conducting such studies and their address and describe in detail the extent of their participation?
c. State what action, if any, was taken based upon such studies in an effort to minimize or eliminate the effects of inhalation of asbestos dust or fibers upon those using or being exposed to the dust and fibers contained in such products as manufactured by your company;
d. Identify each document which refers or relates to any information set forth in answer to this interrogatory;
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 30. Not applicable.
31. What technique, if any, did and/or do you use to make dust samplings in the manufacturing and packaging production environment or at job sites where your materials are used?
a. Set forth in detail the technique used, when it was commenced and when, if ever, it was concluded;
samplings;
b. State the purpose for administering such
c. State the results of such samplings;
d. State what action, if any, has been taken in response to the findings as to the dust samples;
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e. Identify each document which refers or relates to such sampling;
f. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
g. Identify the living person who has the most knowledge of matters discussed herein.
ANSWER; 31. Ametek objects to this interrogatory to the extent that it seeks information about products or processes that do not contain asbestos on the grounds it is overbroad, not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving the foregoing objection, Ametek's answer is as follows:
a. Even though Ametek does not use asbestos in its manufacturing process, Ametek continues to monitor dust levels at the Marshallton plant utilizing the same techniques that had been adopted at some time prior to its acquisition of the site in 1980 when asbestos was used as a raw material. Ametek employs NIOSH Method No. 0500 -- Nuisance Dust and Method No. 7400 -- Fibers. See NIOSH Manual of Analytical Methods.
b. Monitoring of dust levels is a matter of sound industrial safety practice.
c. Results of the sampling have always been within OSHA exposure guidelines.
d. None required.
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e. Ametek objects to this portion of the
interrogatory as unduly burdensome, irrelevant and not
reasonably calculated to lead to the discovery of admissible
evidence.
f. H. Dudley Barton.
g. Leon deBrabender.
32. State what, if any safety measures were taken by you as to your employees, during the processing, manufacturing and packaging of products containing asbestos including but not limited to products that have been distributed to the duPont Company. If any such safety measures were taken, state:
a. The reason for the use of such measures, equipment or clothing;
b. Identify each document relating to safety procedures taken by employees or plant personnel in the manufacture, processing and packaging of such products;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information.
ANSWER: 32. Not applicable.
33. State:
a. Knowledge as to any respirator or other breathing device which was on the market during the relevant period which would prevent the inhalation of asbestos dust fibers:
b. A detailed description of such respirator or other breathing device, together with all information as to how such device prevents the inhalation of asbestos dust and fibers.
c. What tests, if any, were conducted, by whom and where, with regard to the effectiveness of any such device;
d. Identify each document in any defendant's possession which refers or relates to the subject matter of this interrogatory.
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e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 33. Not applicable.
34. Have you or anyone on your behalf conducted or had conducted any investigation of the statistical and/or epidemiological relationship between the use of any product identified in answer to Interrogatory 1 and the contraction by humans or animals of cancer including but not limited to mesothelioma. If so:
a. Identify each person participating in such investigation and describe in detail the extent of this participation;
conducted;
b. State when the investigation was
c. Identify the person or persons who authorized the investigation;
d. Identify each document which refers or relates to any information set forth in answer to this interrogatory;
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 34. Not applicable. See Interrogatory Response No.
1.
35. Have you or anyone on your behalf conducted or had conducted any investigation of the statistical and or epidemiological relationship between the use of any product identified in answer to Interrogatory 1 and the contraction by humans of pulmonary asbestosis. If so:
a. Identify-each person participating in such 'investigation end describe in detail the ` extent- *of his participation;
conducted;
b. State when the investigation was
c. Identify the person or persons who authorized the investigation;
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d. Identify each document which refers or relates to any information set forth in answer to this interrogatory;
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 35. Not applicable. See Interrogatory Response No.
1.
36. Describe in detail all written and oral reports including those reports originating from users of any of the products identified in answer to Interrogatory 1, including doctors, and employees and agents of the defendants concerning any relationship between the use of these products and the development of pulmonary asbestosis in humans or animals:
a. Identify all persons making said reports and to whom said reports were made;
b. State whether any report or series of reports initiated changes and/or reevaluation of the production, sale or use, or recommendations for use, of any of those products;
c. Identify each document which refers or relates to any information set forth in answer to this interrogatory;
d. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 36. Not applicable. See Interrogatory Response No.
1.
37. Describe in detail all written and oral reports including those reports originating from users of any of the products identified in answer to Interrogatory l, including doctors, employees and agents of the'defendants concerning any relationship between the use of any of those products and the development of cancer including but not limited to mesothelioma in humans or animals:
a. Identify all persons making said reports and to whom said reports were made;
24
b. State whether any report or series of reports initiated changes and/or reevaluation of the production, sale or use, or recommendations for use, of any of those products;
c. Identify each document which refers or relates to any information set forth in answer to this interrogatory;
d. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 37. Not applicable. See Interrogatory Response No.
1.
38. For each product identified in answer to Interrogatory 1 state whether the production and/or sale of the product has been discontinued and, if so:
a. State when it was discontinued;
b. State with specificity and particularity all the reasons for the discontinuance.
c. Identify each individual who participated in the decision to discontinue production and/or sale and describe in detail the extent of his participation;
d. Identify . all documents which reflect, refer or relate to each such discontinuance:
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 38. Not applicable. See Interrogatory Response No.
1.
39. For each product identified in answer to Interrogatory 1 state whether the production and/or sale of that product has been limited and/or curtailed or reduced and, if so:
a. Describe how it was so limited or curtailed or reduced;
9
25
reduced;
b. State when it was so limited, curtailed or
c. State with specificity and particularity all of the reasons for the limitation, curtailment, or reduction;
d. Identify each individual who participated and the extent of his participation in the decision to so limit, curtail or reduce production and/or sale;
e. Identify each document which reflects or relates to the limitation, curtailment or reduction and/or the decision to implement the limitation, curtailment or reduction;
f. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER; 39. Not applicable. See Interrogatory Response No.
1.
40. Do you contend that each of the products identified in Interrogatory 1 do not or did not create any risk to one who applies or uses the product?
a. such contention:
If so, state the factual basis for each
b. If not, state:
i. created by such use;
The degree and kind of risk which is
ii. The conditions under which such risk is created, increased or decreased;
reflects, refers interrogatory;
iii. Identify each or relates to your
document which answers to this
Iv. As to any~irifofmation received 'orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 40. Not applicable. See Interrogatory Response No.
1.
26
41. Do you contend that it was not your responsibility to warn workers of the risk of harm arising from the use of your product or of the danger of asbestos to their health?
a. State the factual basis for such response;
b. Identify each document which reflects, refers or relates to your answers to this interrogatory;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 41. Yes.
Ametek's products did not contain
asbestos and Ametek had no duty to warn workers of the danger
of asbestos to their health.
42. Do you contend that it was only the responsibility of the employing company involved, or others, to so warn the workers of the risk of harm arising from the use of your product or of the danger of asbestos to their health?
a. State the basis for such contention;
b. Identify which others were so responsible;
c. Identify .each document which reflects, refers or relates to your answer to this interrogatory;
d. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 42. Yes.
Ametek's products did not contain
asbestos and Ametek had no duty to warn workers of the danger
of asbestos to their health.
43. Do you contend that the danger to any plaintiff was not foreseeable at the time the products alleged to have caused his injuries were sold? If so, as to each plaintiff:
contention;
a. State the factual basis for such
# 27
b. Identify each document relied upon in support of such contention;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 43. Ametek is unable to answer this interrogatory
as the First Amended Complaint does not identify what product
manufactured by Ametek is alleged to have caused plaintiff's
injuries.
44. Do you contend that the danger from the use by plaintiffs of products containing asbestos was obvious? If so, as to each plaintiff:
contention?
a. State the factual basis for such
b. Identify all documents relied upon in support of such contention;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 44. Ametek cannot respond to this interrogatory as
it did not manufacture a product containing asbestos.
45. Do you contend that plaintiffs know, understood and appreciated the danger arising from their contact with asbestos which you mined or distributed or products containing asbestos which you manufactured or distributed? If so, as to each plaintiff:
.contention;
a. State the factual basis for such
b. -Identify each document relied upon -in support of such contention;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
28
ANSWER: 45. Not applicable. See Interrogatory Response No.
1.
46. Do you contend that plaintiffs voluntarily and unreasonably exposed themselves to the danger arising from their contact with asbestos which you mined or distributed or products containing asbestos which you manufactured or distributed? If so, as to each plaintiff:
contention;
a. State the factual basis for such
b. Identify each document relied upon in support of such contention;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 46. Not applicable. See Interrogatory Response No.
1.
47. Do you contend that plaintiffs used any asbestos which you mined or distributed or any products containing asbestos which you manufactured or distributed in other than their usual, customary and expected manner? If so, as to each plaintiff:
a. State the name and chemical composition of the product claimed to have been used in other than its usual, customary and expected manner;
b. State in detail the manner in which plaintiffs used said product in other than its usual, customary and expected manner;
c. Identify each document relied upon in support of such contention;
d. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and State`the" full substance "of *the information supplied.
ANSWER: 47. Not applicable. See Interrogatory Response No.
1.
29
48. With regard to each product identified in answer to Interrogatory 1 or 8, state whether you have ever been named as a defendant in any other civil action, including Workmen's Compensation Actions, filing of Workmen's Compensation consent agreements, or other proceedings, to recover damages for injuries resulting from asbestosis and asbestos related pleural disease received as a result of using that product and, if so, for each proceeding;
plaintiff ?
a. State the name and address of each
b. co-defendant;
State the name and address of each
c. State the date it was filed;
was filed;
d. State the name of the Court in which it
e. Describe the judgment rendered;
f. State the date that has been set for trial of any case still pending;
g. Describe the terms of any settlement reached before or during trial;
h. State whether any appeal is pending from any judgment that has been rendered;
i. State the exact nature of the condition alleged in such action to have resulted from the plaintiffs' use of or contact with said product and identify the product involved;
j. identify each document which reflects, refers or relates to any information pertaining to that complaint.
ANSWER; 48. Not applicable. See Interrogatory Response No.
1.
49. "With regard "to each product identified " in answer to Interrogatory 1 or 8, state whether you have ever received a notice of injury to any other person as a consequence of a condition of asbestosis, asbestos related pleural disease and cancer resulting from the use of that product and, if so;
a. State the date it was received;
30
person;
b. State the name and address of injured c. Describe in detail the complaint;
d. Identify each document which reflects, refers or relates to any information pertaining to that complaint;
e. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 49. Not applicable. See Interrogatory Response No.
1.
50. With regard to each product identified in answer to Interrogatory 1 or 8 state whether you have ever been named as a defendant in any other action to recover damages for injuries resulting from cancer including but not limited to mesothelioma received as a result of using that product and, if so:
plaintiff;
a. State the name and address of each
b. co-defendant;
State the name and address of each
c. State the date it was filed;
was filed;
d. State the name of the court in which it
e. Describe the judgment rendered;
f. State the date that has been set for trial of any case still pending;
g. Describe the terms of any settlement reached before or during trial;
h. State whether any appeal is pending from any judgment that has been rendered.
ANSWER: 50. Not applicable. See Interrogatory Response No.
1.
r.
31
51. With respect to the period from 1950 through 1980, state the names, addresses and company title or position,of each person who at any time during that period was in charge of the following activities with regard to each of the products identified in answer to Interrogatory 1 or 8:
a. Production;
b. Marketing;
c. Labeling;
d. Advertising;
e. Product evaluation;
f. Research and development;
g. Distribution.
ANSWER: 51. Not applicable. See Interrogatory Response No.
1.
52. Identify the living parties or persons who are the most knowledgeable about asbestos mined and products containing asbestos sold and/or distributed by you from 1936 to present. Identify all documents which relate to such sales and/or distribution.
ANSWER: 52. Not applicable. See Interrogatory Response No.
1.
53. Have you or has anyone on your behalf attended and/or participated in any conference, seminar, lecture or symposium dealing with the hazards of using any product identified in answer to Interrogatory 1 or 8 or of asbestos in general and, if so, state:
a. The date and place of such conference, seminar, lecture or symposium;
b. The person or persons conducting such conference, seminar, lecture or symposium?
behalf;
c. The person or persons who attended on your
d. The subject matter of such conference, seminar, lecture or symposium;
1
32
e. The speakers and/or moderators at such conference, seminar, lecture or symposium;
f. Whether any reports or memoranda were made concerning the subject matter of such conference, seminar, lecture or symposium; identifying each such report or memorandum.
ANSWER:
4
53. Not applicable. See Interrogatory Response No.
1.
54. Are you familiar with the hearing concerning the dangers of asbestos conducted in March, 1967 before the House of Representatives of the United States Congress Sub-Committee on Labor? If so, identify those persons who are or were associated with you that were familiar with that hearing.
ANSWER: 54. No one at the Marshallton plant is familiar
with this hearing. Ametek is unable to ascertain whether
someone at one of its other locations might have heard of this
hearing.
55. State when, if at all, you received knowledge of the following publications or matters discussed therein, who received such knowledge and identify all documents relating to such knowledge:
a. Fleischer, Viles, Gade and Drinker, "A Health Survey of Pipe-Covering Operations in Construction Naval Vessels," 28 J. Indus. Hyg. 9-16.
b. Selikoff, et Neoplasia, 42 Am. J. Med. (1967);
al,
"Asbestosis and
c. Selikoff, Churg and Hammon,
"The
Occurrence of Asbestosis Among Industrial Insulation Workers,"
132 Ann. New York Acad. Sc. 139 (1965);
d. "Documentation of the Threshold Limit Values for Substances'in WotkroonfAir,A.XT.G.I.'H.~ (3rd "1971) ;
e. "Threshold Limit Values for 1961," A.C.G.I.H. (1961);
f. 1906 report by Dr. H. Montague Murray;
# 33
g. 1934 study by Dr. Anthony J. Lanza, Assistant Medical Director of Metropolitan Life Insurance Company.
ANSWER: 55. No knowledge at the Marshallton plant.
56. Identify each publication contained in your research library, or otherwise in your custody, including but not by way of limitation, your Research and Development Center, all medical journals, industrial medical journals, industrial hygiene journals, technical literature in the area of asbestos mining, manufacture, application and use, and Governmental publications, dealing with occupational diseases arising from the manufacture and use of asbestos-containing products. As to all such publications, state the volumes which are in your "custody and control, when each such volume was received and the present location of such publications.
ANSWER: 56. Ametek objects to this interrogatory as overly
burdensome, oppressive, irrelevant, too broad and all-
inclusive to be answered in a meaningful manner, and not
calculated to lead to the discovery of admissible evidence.
Without waiving the foregoing objection, Ametek's library at
the Marshallton plant contains the following volumes which
were among the assets it purchased from. Haveg Industries,
Inc., in 1980 (See Interrogatory Response No. 1):
ASBESTOS FUNDAMENTALS by Ralph E. Oesper, University of Cincinnati, 1993, Chemical Publishing Co., Inc. (Rec'd February 1965, Haveg Corporation - Control & Development Lab).
ASBESTOS - ITS INDUSTRIAL APPLICATIONS by D. V. Rosato, Reinhold Publishing Corp., Copyright 1959.
ASBESTOS - ITS ORIGIN, PRODUCTION AND "UTILTZSTION ' by W. *E. ' Sinclair, Mining Publication, Inc., 1955.
HANDBOOK OF ASBESTOS TEXTILES, Second Edition, by Asbestos Textile Institute, Dr. Myril C. Shaw, Copyright 1961 (Compliments of North American Asbestos Corp.).
34
ASTM STP 834, Definitions for Asbestos and Other Health Related Silicates, Benjamin Levadie, Editor, ASTM - Philadelphia, PA (Rec/d 8/7/84 Control & Development Lab).
57. As to any threshold limit values published by the American Conference of Governmental Industrial Hygienists, state whether you have brought such information to the attention of those using your products. If you have not done so, state the reasons why you have not done so.
ANSWER: 57. No, because there is no asbestos in Ametek's
products.
58. "Have you been: (a) a member of or (b) affiliated in any manner with or (c) received reports or (d) subscribed for reports or publication to the Industrial Hygiene Foundation of Pittsburgh?
ANSWER: 58. No one at the Marshallton plant.
59. With regard to Interrogatory 58, what years did you participate under (a), (b), (c) or (d)?
ANSWER: 59. Not applicable.
60. With regard to Interrogatory 58, do you have any documents obtained from the Industrial Hygiene Foundation? If so:
a. List all such documents;
b. Who currently has them in their possession?
c. When was each received?
d. State the name of the individuals who received such documents or information contained in such documents.
ANSWER: 60. No.
61. Have you received any reports or documents prepared by Metropolitan Life Insurance Company from 1929 to about 1960, concerning statistical and other studies of asbestos workers for 3ohns-Manvili-e? - If -so, -state:
a. The documents received;
b. Who received them and when;
c. The current location of the documents.
35
ANSWER: 61. No. 62. State all chemical, industrial, medical or trade
associations to which you have belonged since 1936. ANSWER: 62. Ametek objects to this interrogatory as burdensome, overly broad, and all -inclusive with respect to the names of associations to which its employees belong. There is nc source of information from which Ametek could compile a reasonably complete list of associations. Without waiving the foregoing objection, Ametek states" that the Marshallton plant maintains plant memberships in the following associations: Better Business Bureau, State chamber of Commerce, Delaware Safety Council, Red Clay Valley Association, Society of Plastic Engineers, Transportation Management Association of New Castle County, Investment Casting Institute, American Foundrymens' Association, Industrial Fabrics Association, Metal Finishing Suppliers Association, and American Electroplaters' & Surface Finishers' Society.
63. With regard to the associations enumerated in the answer to Interrogatory 62, state:
a. The names of each individual associated with the answering defendant since that date who have had dealings with each said association:
b. Describe the nature of their dealings.with each such association; (c) State their last known address;
c. If still employed, their current job and title.
ANSWER: 63. Ametek objects to- this- interrogatory as- burdensome, overly broad, and all-inclusive with respect to the names of individuals who had dealings with various associations. There are no records nor other means of learning a reasonably complete list
9 36
of persons who had dealings with various associations or the nature
of any such dealings.
64. Name each corporate officer and/or member of corporate management who attended any meeting and/or conference concerning the health and medical aspects of asbestos and/or the use of products containing asbestos, and for each person identi fied, state the nature of his participation in each such meeting or conference.
ANSWER: 64. None for the Marshallton plant.
65. State the sources of all products containing asbestos which have been incorporated in any product manufactured by you which have been distributed, sold and/or utilized from 1936 to 1980.
a. State the names of all individuals associated with the above stated sources who dealt with or handled your account;
b. Identify any such document which refers, reflects or relates to any information provided in answer to this interrogatory;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 65. Not applicable. . See Interrogatory Response No. 1.
66. For each product identified in the answer to inter rogatory 1 or 8, which you distributed, identify the source from which you obtained the product.
a. State the names of all individuals associated with the above stated sources who dealt with or handled your account and specify who handled your account for products distributed to Delaware;
b. Identify any such documents which refer, reflect' or relate to any information provided in answer to this interrogatory.
ANSWER: 66. Not applicable. See Interrogatory Response No. 1.
67. State the names of all individuals associated with you who had any dealings with the requisition and/or procurement of asbestos or products containing asbestos as indicated in answer to interrogatories 65 and 66 and for each such person:
37
a. Identify the nature of his association(s) the locations and the dates of their occurrence;
b. Identify each document which refers, reflects or relates to any information provided in answer to this interrogatory;
c. As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: 67. Not applicable.
68. State the names of all individuals who dealt with or handled the account with and/or made any sales to the employer of the Plaintiff of asbestos and/or products containing asbestos.
a. Describe in detail the nature and dates of each such association with the said accounts;
b. Identify each document which refers, reflects or relates to any information provided in answer to this interrogatory.
ANSWER: 68. Not applicable.
69. Identify each individual whom you expect to call as an expert witness at the trial of this litigation, and for each person identified:
a. The subject .on which the expert is expected to testify and substance of the facts and opinions to which he or she is expected to testify and a summary of the grounds for each opinion;
b. Identify each document referring, relating or containing any such facts and/or opinions and identify each individual having custody of each document identified.
ANSWER: 69. None at the present time. Ametek reserves the right
to supplement this response.
'70. Identify each* individual' who'you have-retained-or employed or anticipate retaining or employing in any way in preparation of or anticipation of trial in this litigation who is not expected to be called as a witness at trial, and for each such individual:
a. State the substance of any facts or opinion which he or she has discussed with any agent, employee or repre
38
sentative of the answering defendant, together with a summary of the grounds for each opinion?
b. Identify each document referring to or containing such facts and/or opinions, and identify each person having custody of each document identified.
ANSWER: 70. Ametek objects to this interrogatory as beyond the
scope of Superior Court Civil Rule 26.
71. State the names, last known addresses and telephone numbers of each and every person whom you intend to call as a witness at the trial of this litigation.
-a. State the substance of any facts or opinion which he or she has discussed with any agent, employee or representative of the answering defendant, together with a summary of the grounds for each opinion;
b. Identify each document referring to or containing such facts and/or opinions, and identify each person having custody of each document identified.
c. Specify witnesses you intend to use at the trial of this case with respect to the occurrences and/or cause of plaintiffs' illnesses or with respect to the claimed damages or with respect to your liability.
ANSWER: 71. Ametek objects to this interrogatory as beyond the
scope of Superior Court Civil. Rule 26. Without waiving the
foregoing objection, Ametek states that no trial witnesses have
been identified at this time. Ametek reserves the right to
supplement this response.
72. State:
a. Whether your corporation is insured;
b. If so, the limits of coverage;
c. The name of the insurance company;
d. Whether this claim has been accepted or whether a letter of intent to deny coverage has been received.
ANSWER: 72. Ametek is not insured for asbestos exposure.
39
73. In whose possession are your and your predecessors' annual reports from 1936 to the present? Produce such reports.
ANSWER: 73. Ametek objects to this interrogatory as overly
burdensome, oppressive, overbroad, and all-inclusive, and not
calculated to lead to the discovery of admissible evidence.
Without waiving the foregoing objection, Ametek will produce copies
of its annual reports since 1980.
74. Describe in detail your policy with respect to the destruction of records pertaining to each of the products identified in-answer to Interrogatory 1.
a. Identify all documents pertaining to your policy, if any, regarding the destruction of such records;
b. Identify the person or persons having custody of such policy documents;
c. Identify the person or persons in charge of destroying records pertaining to each such product; .
d. Identify each document which refers, reflects or relates to any information provided in answer to this interrogatory.
e. Describe what steps, if any, you have taken since the institution of this action or other actions involving asbestos to prevent the destruction of any documents relating to asbestos.
ANSWER: 74. Not applicable. See Interrogatory Response No. 1.
75. State the names of all individuals who aided in the preparation of these answers, and for each such person, state:
a. Which interrogatories they helped prepare or the particular subject area for which they supplied information.
b. Their current position with the company;
c. Their current or last known home and business address and phone numbers.
ANSWER: 75. Leon deBrabender, H. Dudley Barton:
40
a. Mr. deBrabender assisted in preparing the
answers to interrogatory Nos. 31, 55 and 56. Mr. Barton assisted
in preparing the answers to all other interrogatories.
b. Mr. deBrabender is Technical Manager, Ametek,
Inc. Mr. Barton is former Vice President and General Manager of
the Haveg Division, Ametek, Inc. He is now semi-retired.
c. Both Mr. deBrabender and Mr. Barton may be
reached at the following address:
Ametek, Inc. Haveg Division 900 Greenbank Road Wilmington, DE 19808 Telephone: 302/995-0400
76. State all processes used by plaintiff's employer, known to any defendant where asbestos was an ingredient.
ANSWER: 76. Not known.
77. State all use of asbestos insulation by plaintiff's employer, known to any defendant.
a. Types of asbestos insulation used;
b. Manufacturer and/or brand names;
was used;
c. Locations in said plants where said insulation
d. The person most knowledgeable in said corpora tion about the purchasing of insulation by distributors that covered the states of New Jersey, Delaware, Pennsylvania and Maryland.
ANSWER: 77. Not known.
78. If you > have insurance including - secondary -or tertiary coverage, state:
a. Policy number and amount;
b. Company underwriting said insurance;
41
c. The name of your contact in said company concerning asbestos claims.
ANSWER: 78. Not applicable (See Interrogatory Response No. 72).
79. State whether you have entered into any agreement, either oral or written, with any other defendant in this action regarding:
a. Settlement or non-settlement and/or
b. Allocation of damages, should the plaintiffs prevail on liability.
If the answer is yes to either of the above, state the substance of each such agreement and such parties who have entered into this agreement:
i. Identify those persons who participated in the preparation of each such agreement and describe in detail the nature and extent of his participation; and
ii. Identify each document which contains, refers or relates to each such agreement.
ANSWER: 79. The Purchase Agreement by and among Ametek, Inc.,
Haveg Industries, Inc. and Hercules Incorporated, dated October 8,
1980, contains broad indemnification provisions whereby Haveg
Industries, Inc. and Hercules Incorporated agreed to indemnify
Ametek from and against any and all loss, damage, costs, claims and
expenses (including attorneys' fees) which Ametek may sustain at
any time by reason of asbestos and asbestos products manufactured
or sold by Haveg Industries, Inc. and Hercules Incorporated-prior
to Ametek's purchase of some of the assets of Haveg Industries,
Inc. Individuals who participated in the preparation of the
Purchase Agreement on behalf of Ametek are:
Murray Luftglass Senior Vice President Corporate Development Ametek, Inc. 410 Park Avenue
U
New York, New York
Wallace E. Cowan, Esquire Formerly of Stroock & Stroock & Lavan Seven Hanover Square New York, New York 10004
43
John Ward Formerly Vice President Ametek, Inc. 410 Park Avenue New York, New York
Documents which refer or relate to the Purchase Agreement are
listed in Exhibit A attached hereto.
80. Do you or your attorneys know of any person or persons not listed in the preceding answers having knowledge of facts relevant to the allegations in this lawsuit including witnesses to the accident, injury, illnesses, etc. in question? If yes, please state the names, addresses, home telephone numbers, places of employment, relationship to you, the present whereabouts of all such persons, and which of said persons you intend to produce as witnesses in the trial of this action.
ANSWER: 80. No.
81. Do you or your attorneys have any written statements which you have not previously produced in this suit from any persons having knowledge of facts relevant to the subject matter of this lawsuit, including witnesses to the accident, injury, illnesses, etc. in question? If yes, please state the names, addresses, home telephone numbers, places of employment, relationship to you and the present whereabouts of all such persons.
ANSWER: 81. No.
82. State whether you were a member of the Asbestos Information Association (A.I.A.) or in any manner received infor mation or participated in any of the association's activities.
ANSWER: 82. No.
83. If your answer to any part of Interrogatory 82 is in the affirmative, please state:
a. The date, times and places of any A. I. A. meetings attended.
b. The date arid time period during Which "you received any publication of the A.I.A.
c. The name, address and telephone number of each and every person who attended such meetings and to whom any such publications were sent.
44
d. The nature of the information that was furnished at meetings or in such publications.
e. Name, address and telephone number of the present or last known custodian of any copies of A.X.A. newsletters, correspondence or publications.
ANSWER: 83. Not applicable.
84. State whether you received a publication known as the "Asbestos Magazine".
ANSWER: 84. No.
85. If your answer to Interrogatory 84 is in the affirmative, please state:
a. The date and time periods during which you received such publication.
b. The frequency of receipt, e.g., regularly, occasionally, rarely, etc.
c. The terms, circumstances or requirements of receipt of such publication, e.g., free, by subscription, distributed at meetings, etc.
d. Name, address and telephone number of the present or last known custodian of any copies of such magazine.
ANSWER: 85. Not applicable.
86. Does the answering defendant have in its possession any medical records, not previously produced in this case relating to any of the plaintiffs, including, but not limited to, charts, x-rays, physical examination reports, summaries, tape recordings of interviews and any and all other records pertaining to the medical condition of the plaintiffs? If so, plaintiffs request that such records be produced in accordance with Rule 34.
ANSWER: 86. No.
87. With respect to each contention contained in. your response to the First Amended Complaint, state the following:
a. Identify which defense it relates to;
b. Each fact upon which your contention is based;
c. The names and present or last known addresses and present or last known employer of all persons having knowledge of any of the facts set out in answer to subparagraph (b) hereof:
45 d. The description or designation of each document which in any way reflects, relates or refers to any of the facts set out in answer to subparagraph (b) hereof. ANSWER: 87. Not applicable. 88. Other than annual reports produced pursuant to No. 73 above, identify documents which accurately reflect the following information as to the answering defendant for each calendar year since 1940: a. Total net worth? b. Profits; _c. Total earnings; d. Specific earnings attributed to the manufacture and/or distribution of any products containing asbestos.
c
ANSWER: Ametek.
88. None.
46 Interrogatory 88(d) is not applicable to
As to objections:
Ametek, Inc. Dated: June 20, 1994
James T. McKinstry Frederick L. Cottrell, III Helen H. Richards Richards, Layton & Finger One Rodney Square P. 0. Box 551 Wilmington, Delaware 19899 (302) 658-6541
Attorneys for Defendant
STATE OF DELAWARE COUNTY OF NEW CASTLE
) ) ss.
)
47
BE IT REMEMBERED, that on this day of June, 1994, personally appeared before me, the Subscriber, a Notary Public for the State and County aforesaid, H. Dudley Barton, who being by me duly sworn according to law, did depose and say that he is the said individual and that his answers to the foregoing interrogatories are true and correct, as herein set forth, to the best of his knowledge and believe.
H. Dudley Barton
SWORN TO AND SUBSCRIBED before me the day and year aforesaid.
expires:
.Notary Public
My
commission
4t
# CERTIFICATE OF SERVICE
48
It is hereby certified that two copies of the Notice of
Electronic Filing were served this 20th day of June 1994, by first
class mail, postage prepaid, on local counsel as follows:
Thomas C. Crumplar, Esquire Jacobs & Crumplar 2 East 7th Street P. O. Box 1271 Wilmington, Delaware 19899 (Via Hand Delivery)
James F. Kipp, Esquire Trzuskowski, Kipp, Kelleher 1020 N. Bancroft Parkway P. O. BOX 429 Wilmington, Delaware 19899
David L. Lyle, Jr., Esquire Ness, Motley, Loadholt,
Richardson & Poole 151 Meeting Street, Suite 600 P. O. Box 1137 Charleston, South Carolina 29402
John C. Phillips, Jr., Esquire Phillips, Goldman & Spence 300 Delaware Avenue #800 P. 0. Box 1710 Wilmington, Delaware 19899
Robert B. Anderson, Esquire McCarter & English 919 Market Street P. O. Box 111 Wilmington, Delaware 19899
Donald E. Reid, Esquire Morris, Nichols, Arsht & 1201 N. Market Street P. O. Box 1347 Wilmington, Delaware 19899
Phillip B. Bartoshesky, Esquire Biggs & Battaglia 1206 Mellon Bank Center P. O. Box 1489 Wilmington, Delaware 19899
Beth Evans Valocchi, Esquire Wilbraham & Coleman One Rodney Square Suite 101 Wilmington, Delaware 19801
Warren Burt, Esquire Burt & Burt 1700 Mellon Bank Center 919 Market Street Wilmington, Delaware 19801
Elizabeth Daniello, Esquire Tybout, Redfeam & Pell 300 Delaware Avenue P. O. Box 2092 Wilmington, Delaware 19899
Helen M. Richards
EXHIBIT A
Stroock & Stroock & Lavan By: Wallace E. Cowan, Esq.
Bruce Rabb, Esq. Linda Trachter, Esq.
I. ACTION AT THE CLOSING:
The following steps were taken at the Closing. All such steps were taken simultaneously and none of the instruments or documents referred to were deemed delivered until the Closing was completed. All Section and paragraph references are to Sections and paragraphs of the Purchase Agreement.
A. Agreements Executed
A-l
Purchase Agreement ...............................................................
1
A--2
Spiralloy Trademark License Agreement by and between Hercules as licensor and Ametek as licensee (54.7(b)) ...............................................................
2
A-3
Haveg Trade Name and Trademark License Agreement by and between Ametek as licensor and Seller (on behalf of its Winooski Division) as licensee (59.3) ...............................................................................
3
A-4
Lease by and between Ametek as landlord and Hercules as tenant (59.2) .................................................
4
A-5
Assignment by Seller and Assumption by Ametek of the March 28, 1968 agreement by and between Seller and Dr. C. Otto & Comp. GmbH with respect to trademark"Haveg'1 (54.7(d)) .
5
A-6
Letter agreement by and between Ametek and Seller concerning novation, assignment and assumption agreements ..........................................................
6
A--7
Letter Agreement amending Purchase Agreement with respect to adjustments, by and among Ainetfek; Seller and'Hercules..........................................
-7
A-8
Assignment and Assumption of the lease for the Fullterton, California, West Executive Offices ...............................................................................................
8
Index No.
A--9 A-10 A-ll
Assignment and Assumption of the Tennessee Valley Authority Agreement dated June 29, 1979 as amended September 12, 1980 ......................................
9
Assignment and Assumption of the April 13, 1979
FMC Corporation Agreement ......................................................
10
Assignment and Assumption of the July 16, 1971
Johns-Manville License Agreement ...........................
11
B. Seller and Hercules Delivered to Ametek:
B-l
Good standing certificate from Delaware for Seller and Hercules............................................................................12
B-2
Certificate of Secretary of Seller as to resolutions of Seller's Board of Directors (110.3)...........................................................................................................13
B-3
Certificate of Secretary of Hercules as to resolutions of Hercules' Board of Directors . . 14
B-4
Certificate of Incumbency of Seller...................................15
B-5
Certificate of Incumbency ofHercules...............................16
B-6
Certificate of Chief Executive Officer of Seller as to conditions (H7.13 and 10.5) . . . 17
B-7
Blanket Assignment of Agreements........................................18
B-8
Blanket assignment by Seller of the trademarks, trade names, copyrights and patents, etc., listed in Exhibit J to the Purchase Agreement (14.7(h)(1))............................................................................................19
B-9
Assignment by Seller of U.S. patents (4.7(h) (2))....................................................................
20
B-10
Assignment by Seller of the trade name HAVEG (14.7(h)(3)) - . ...............................
21
B-ll
Assignment by-Seller of U.S. trademarks (4.7(h) (4))
22
B--12
Assignment by Seller of Canadian trademarks (4.7(h) (5))...........................................................................................23
B--13
B-14 B-15 B--16
B-17
B--18 B-19 B-20 B-21 B-22
B-23 B-24 B-23 B--26 B-27
Index No.
Assignment by Seller of the June 1, 1980 Trade Name and Trademark License Agreement by and between Seller and Haveg-Reinhold, Inc. (the "Haveg-Reinhold Agreement") (54.7(c)) .
.
24
Opinion of Edward H. Kurth, Esq. (557.4 and 10.4).........................................................................................................25
Copies of the existing secrecy agreements by and between Hercules and Ronald Smith ...................... 26
Assignment and Consent to Assignment of the Agreement effective August 28, 1978 by and between Seller and United Textile Workers of America (AFL-CIO) Local 266A (the "Union") .
.
27
Bill of Sale covering all of the assets, property and business sold to Ametek pursuant to the Purchase Agreement......................................................28
Authorization by Seller for Ametek to endorse checks, etc. (510.2) ................................................................29
Novation Agreement by and among Seller, Ametek and the United States of America .... 30
Assignment of motor vehicle titles and delivery to John Ward for transfer...........................31
Full Covenant and Warranty Deed......................................32
Delivery of the books and records of the Division and possession of the Acquired Assets (510.7)
Certificate of President and Chief Executive Officer of Seller with respect of 54.13 ... . 33
Resolutions of Seller's Board of Directors as to amendment of Hourly Plan................................................34
Resolutions of Seller's Board of Directors as to termination of Hourly Plan Trustee......................35
Letter from Seller to Bankers Trust removing Bankers Trust as Hourly Plan Trustee ...................... 36
Resolutions of Seller's Board of Directors as to Salary Plan
37
Index No.
B--28
Letter from Seller as to compliance with investment instructions (see D-6, Index No. 46) 38
C. Deliveries with respect to Title Insurance Policy:
C--l
Seller delivered to Pioneer an Officer's Affidavit as to the premises................................................39
C-2
Seller delivered to Pioneer a letter with respect to payment of sewer rents and usage billing...........................................................................................................40
C-3
Seller delivered to Pioneer a certified copy of the resolutions of Seller's Board of Directors......................................................................................................13
C-4
Pioneer delivered to Ametek an ALTA Title Insurance binder
D. Ametek Delivered to Seller:
D-l
Good standing certificate from Delaware for Ametekl
D-2
Certificate of Secretary of Ametek as to resolutions of Ametek's Board of Directors (511.4)...........................................................................................................42
D-3
Certificate of Incumbency of Ametek.............................43
D-4
Opinion of Stroock & Stroock & Lavan (SJ8.3 and 11.3)................................................................................................................44
D-5
Assumption of Liabilities (53.5)..................................45
D-6
Letter of Instructions as to investments for assets of Salary Plan.......................................................................46
D-7
Letter of Instructions as to Hourly Plan payments to Chemical Bank.................................................................................47
D-8
Check for Interim Purchase Price in amount of .$5,-25.0,000 .payable, to Seller ,(534(a).) .... 48
II. ACTION AFTER THE CLOSING:
E-l E-2 E-3
E-4 E-5 E-6
E-7
Index No.
On October 8, 1980 the parties issued a press release....................................................................................................49
On October 8, 1980 at 3:15 P.M. the full covenant and warranty deed was recorded .... 50
On October 8, 1980 a copy of the Minor Subdivision Plan with respect to the property, prepared by Edward H. Richardson Associates, Inc. and dated September 29, 1980, was recorded in the Office of the Recorder of Deeds, New Castle County, Delaware and was assigned Microfilm No. 5737.
On. October 9, 1980 the Union was notified of the closing of the acquisition......................................51
On October 10, 1980 notice of the assignment of the Haveg-Reinhold Agreement was sent to Haveg-Reinhold...............................................................................52
On October 13, 1980 E.H. Kurth notified Ametek of a Workmen's Compensation action commenced prior to the Closing Date by a former employee of the Seller, Charles F. Merganthaler, reference as to which action was inadvertently omitted from Exhibit N to the Purchase Agreement ..........................................................
53
Pioneer delivered the ALTA title insurance
policy to Ametek
.....................................................................54