Document nm2mEbz4nLm44k2YYgVX04vwz

HAROLD RIDDAR Page 1 1 NO. CC-98-09394-C 2 BOB GENE COMER, et al., ) IN THE COUNTY COURT AT LAW ) NO. 3 Plaintiffs, ) VS . ) GARLOCK, INC. et al. , ) Defendants. ) DALLAS COUNTY, TEXAS 7 8 ********************************************************** 9 10 CERTIFICATE OF NONAPPEARANCE OF 11 HAROLD RIDDAR 12 September 3, 2002 13 14 15 16 17 18 19 20 DUPLICATE 21 FILE COPY 22 23 24 25 HENJUM GOUCHER REPORTING SERVICES, L. P. 1-S88-656-3376 5f06abab-c4ac-11 d6-8bd5-0010b5db9e45 HAROLD RIDDAR 1 APPEARANCES 2 FOR THE PLAINTIFF: MR. CHRIS PANATIER 3 BARON & BUDD, P.C. The Centrum 3102 Oak Lawn Avenue Suite 1100 5 Dallas, Texas 75219-4281 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 HENJUM GOUCHER REPORTING SERVICES, L. P. 1-888-656-3376 5f06abab-c4ac-11 d6-8bd5-0010b5db9e45 HAROLD RIDDAR Page 3 1 (Exhibit Nos. 1 and 2 marked.) 2 MR. PANATIER: This is Chris Panatier from 3 Baron & Budd, representing the Comer Family against Riley 4 Stoker and others. We are ready to proceed with the 5 deposition of the corporate representative of Riley Stoker 6 Corporation, Harold Riddar. Counsel for Riley Stoker is not 7 present and neither is the witness. 8 I'd like to attach the Notice of the 9 Deposition and Subpoena Duces Tecum as Riddar No. 1. And 10 I'll also attach to the record a letter to all counsel of 11 record, the cover letter for the Notice of Intention to Take 12 the Deposition and the Subpoena Duces Tecum. 13 ' It's now 1 o'clock, we are ready for the 14 deposition to commence, and we do not see anybody from Riley 15 Stoker or any corporate representative. 16 Off the record. 17 18 19 20 21 22 23 24 25 HENJUM GOUCHER REPORTING SERVICES, L. P. 1-888-656-3376 5f06abab-c4ac-11 d6-8bd5-0010b5db9e45 HAROLD RIDDAR Page 4 1 STATE OF TEXAS ) 2 COUNTY OF DALLAS ) 3 I, Stacey C. Quintana, a Certified Shorthand 4 Reporter in and for the State of Texas, do hereby certify 5 that there is attached hereto a copy of the Notice of 6 Intention to Take the Oral Deposition of HAROLD RIDDAR, 7 taken at the law offices of Baron & Budd, P.C., 3102 Oak 8 Lawn Avenue, Suite 1100, Dallas, Texas, on September 3, 9 2002, at 1:00 p.m. 10 I further certify that I was present at the 11 offices of Baron & Budd, P.C., 3102 Oak Lawn Avenue, Suite 12 1100, Dallas, Texas, on September 3, 2002, at 1:00 p.m. and 13 did remain there until 1:05 p.m. of said date. 14 I further certify that said witness did not 15 appear at said time and place. ^ 16 Certified to by me this (^ of , 2002. 17 18 19 STACEY C. QUINtANA, CSI EXPIRATION DATE: 12/31/02 20 HENJUM GOUCHER REPORTING SERVICES 2501 Oak Lawn Avenue 21 Oak Lawn Plaza, Suite 435 Dallas, Texas 75219 22 214-521-1188 Fax 214-521-1034 23 1-888-656-DEPO 24 25 HENJUM GOUCHER REPORTING SERVICES. L. P. 1-888-656-3376 5f06abab-c4ac-11 d6-8bd5-0010b5db9e45 BOB GENE COMER, et al., Plaintiff(s), VS. GARLOCK, INC. et al., Defendant(s). NO. CC-98-09394-C IN THE COUNTY COURT AT LAW NO. 3 DALLAS COUNTY, TEXAS NOTICE OF INTENTION TO TAKE THE ORAL DEPOSITION OF HAROLD RIDDAR AND SUBPOENA DUCES TECUM TO: BABCOCK BORSIG POWERS, INC. (f/k/a D. B. RILEY, INC., f/k/a RILEY STOKER, CORPORATION), by and through its counsel of record, Gary Elliston, DeHay & Elliston, 3500 Bank of America, 901 Main Street, Dallas, Texas 75202. Plaintiff Bob Gene Comer will take the oral deposition of Mr. Harold Riddar, the Corporate Representative for BABCOCK BORSIG POWERS, INC. (f/k/a D. B. RILEY, INC., f/k/a RILEY STOKER, CORPORATION), ("Riley Stoker") commencing at 1:00 p.m., on September 3, 2002 and continuing thereafter from day to day until completed. The deposition will be held at the law offices of Baron & Budd, P.C., 310 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219, telephone (214) 521-3605. You are invited to attend and cross-examine the witness. The Deponent should also produce for inspection and copying, in accordance with TEX.R.ClV.P. 199.2(5) (or at such time and at such location as the parties may agree), the documents requested in the attached Subpoena Duces Tecum and listed under the heading "Document Requests." For your convenience, we have attached Plaintiffs Work History Sheets. DOCUMENT REQUESTS 1. All Riley-Stoker engineering standards manuals. 2. All documents relating to the design, preparation or introduction into the market or stream of commerce of any asbestos-containing products manufactured, sold, installed, used, supplied or NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 1 J:\PLEADINGS\NOTICE-RILEY.wpd distributed by Defendant or any subsidiary, predecessor or affiliated company. These documents include, but are not limited to, written memoranda, specifications, recommendations, blueprints, and other written materials of any kind or character. 3. All Riley Stoker Engineering Standards referencing block insulation, gaskets, packing, pipe covering or insulation, millboard, raw asbestos, asbestos spray, rope, refractory, and other thermal insulation which are normally denoted "ES TE-__" on diagrams you produced to us. These are referenced in numerous places when insulation is discussed. Please ensure that Engineering Standards "TE-3," "TE-16," "BK-119-3," "TE-12-2," "TE 12-4," "TE 16," "TE-12," "C-56," "C-A2," "C-A14-6," "CA14-6," and "TE-3-11" are all included. 4. All engineering drawings and specifications for each ofDefendant's boilers present at Plaintiffsjob sites. 5. All sales bids for block insulation, gaskets, packing, pipe covering or insulation, millboard, raw asbestos, asbestos spray, rope, refractory, and other thermal insulation asbestos-containing materials specified for use or intended to be installed on each of Defendant's boilers present at Plaintiffs job sites. 6. All documents relating to the specification of asbestos-containing products to be used in connection with Defendant's package boilers. 7. All of Defendant's service manuals for each of Defendant's boilers present at Plaintiffs job sites. 8. All engineering standards for each of Defendant's boilers present at Plaintiffs job sites. 9. All documents related or pertaining to acquisition by Defendant or any predecessor or subsidiary or related company of the assets, stock, property, rights, holdings or liabilities of each and all ofthose entities. 10. All documents related or pertainingto the assignment or lack thereofof any assets and liabilities by Defendant's predecessors or subsidiaries to Defendant or to any predecessor, successor, subsidiary or related company, any and all documents related or pertaining to the potential liability of Defendant for the sale, supply, use, manufacture, marketing, installation, supply and/or distribution of asbestos products by Defendant and its related entities. 11. All documents related or pertaining to anyjudicial decision on the issue ofDefendant's liability for the acts of any subsidiaries or predecessors. 12. All documents in Defendant's or any subsidiary's or predecessor's possession relating to insurance or insurance coverage proceeds that would or could indemnify Defendant for any losses sustained as a result of any cause of action brought by Plaintiffs 13. All photographs ofany asbestos-containing products manufactured, used, marketed, sold, installed, supplied and/or distributed by Defendant or any subsidiary, predecessor or affiliated company, including such products that are packaged at the time the photograph was taken and products that were not packaged at the time the photograph was taken. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 2 C:\WlNDOWS\TEMP\NOTICE-RILEY.wpd 14. All photographs of any warning labels that were provided or placed on any asbestos-containing product or any packaging for any asbestos-containing product manufactured, supplied, used, sold, installed, supplied and/or distributed by Defendant or any subsidiary, predecessor or affiliated company. 15. All documents reflecting profits made from the manufacture, use, sale, distribution, supply, installation or marketing of any products manufactured, sold, distributed, installed, supplied or marketed by the Defendant or a predecessor, subsidiary or affiliate company that contained any amount of asbestos or asbestos fibers. 16. All documents reflecting or relating to testing, preparation for tests and/or the results of tests conducted to determine potential health hazards resulting from the use of materials, including but not limited to asbestos, contained in asbestos-containing products before such products were first manufactured, used, marketed, sold, installed, supplied or distributed by Defendant or any subsidiary, predecessor or affiliated company. This specifically includes, but is not limited to, any written memoranda, specifications, recommendations, blueprints, or other written materials of any kind or character related to the testing of any of Defendant's or any subsidiary's, predecessor's or affiliated company's asbestos-containing products prior to their initial sale or distribution. 17. All documents related in any way to testing of Defendant's or any predecessor's, subsidiary's or affiliated company's asbestos-containing products after the products had first been released, sold, distributed, manufactured, installed or marketed. This includes, but is not limited to, written memoranda, specifications, recommendations, blueprints, or other written materials of any kind or character relating to the potential health hazards of Defendant's or any of its predecessor's, subsidiary's or affiliated company's asbestos-containing products or of the asbestos contained in such products. 18. All printed material, including brochures, pamphlets, catalogues, packaging or other written material of any kind or character containing any warnings concerning the possibility of injury resulting from the use of asbestos-containing products manufactured, sold, installed, supplied and/or distributed by the Defendant or any predecessor, subsidiary or affiliated company. 19. All written agreements, or documents reflecting or related to such agreements, for the distribution, marketing, manufacture, installation, supply, use, and/or sale of Defendant's asbestos-containing products by an entity other than Defendant or its subsidiaries, predecessors or related companies. 20. All documents, books, pamphlets, memoranda, articles or written materials of any kind or character that would indicate that asbestos fibers, when inhaled, can be hazardous to the health of human beings and that have been maintained in the possession of Defendant, or any subsidiary or affiliated company. 21. All publications, minutes, circulars, magazines or reports, published, written, or disseminated by any trade organization or association comprised of other manufacturers, miners, marketers, installers and/or sellers of products containing asbestos to which Defendant, any subsidiary, predecessor or affiliated company belonged at any time since 1930. 22. All documents reflecting any agreements, or stating any agreements to which Defendant or any subsidiary, predecessor, or affiliated company are a party to purchase asbestos or products containing asbestos from any other company or entity. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 3 C:\WrNDOWS\TEMP\NOTICE-RlLEY.wpd 23. All printed sales materials prepared by Defendant or anyofits subsidiary or predecessor companies or other agents for purposes of marketing, advertising and/or assisting sales of any products containing asbestos that were manufactured, sold, installed, supplied, used, or distributed by Defendant or any of its subsidiary, predecessor or affiliated companies. 24. All written documentation relating to or stating the results of any studies or surveys including, incorporating or stating the proposition that asbestos products or products containing asbestos could be manufactured or designed so as to eliminate potential health hazards to persons working with or using them. 25. All documents reflecting or stating a "re-branding" agreement between Defendant or any of its subsidiaries, predecessors or affiliated companies and any other company at any time since 1930. 26. All documents reflecting workers' compensation claims or workers' compensation lawsuits brought against Defendant or any of its subsidiaries, predecessors or affiliated companies or any of the compensation carriers, that allege that an individual contracted a disease from inhaling asbestos fibers or from inhaling unknown dust. 27. AH documents reflecting the minutes ofcorporate meetings ofany kind or nature, whether ofboards of directors, departments, or otherwise, which reflect or relate to asbestos, asbestos health hazards or asbestos products. 28. All invoices, shipping documents, bills of lading, purchase orders, or other documents of a similar nature relating to the mining, manufacture, marketing, sale, use, supply, installation or distribution of asbestos or asbestos-containing products. 29. AH documents reflecting the acquisition through purchase, reorganization, or merger of another company by Defendant that manufactured, sold, processed, distributed, installed or supplied asbestos or products containing asbestos at any time since 1930. 30. All documents reflecting any studies, or the results of any studies, designed to assist in minimizing or eliminating the inhalation of asbestos dust and fibers by Defendant's or any of its subsidiaries, predecessors or affiliated companies, workers and/or those of any subsidiary, predecessor, or affiliated company and/or those otherwise exposed to Defendant's asbestos-containing products. 31. All documents related in any way to the threshold limit values or maximum allowable concentrations of asbestos dust and total dust provided by the American Conference of Governmental Industrial Hygienists. 32. All documents reflecting or related to any tests, or the results of any tests, that Defendant or any of its subsidiaries, predecessors or affiliated companies ever made or completed, or had made or completed on its behalf, or reviewed, related to the quantity, quality, or threshold limit values, of asbestos dust or particles to which workers were exposed while using, working with or around, manufacturing or fabricating, or installing asbestos-containing products manufactured by Defendant or any of its subsidiaries, predecessors or affiliated companies. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 4 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd 33. All documents reflecting written guidelines or instructions or otherwise indicating in any way the purpose, nature and/or accomplishments ofany research department established by Defendant or any of its subsidiaries, predecessors or affiliated compan ies, or any independent company that contracted with Defendant to provide research services, at anytime since 1930. 34. All documents reflecting written guidelines or instructions or otherwise indicating in any way the purpose, nature, advice and/or accomplishments ofany medical department established by Defendant or any of its subsidiaries, predecessors or affiliated companies, or any independent company that contracted with Defendant to provide medical services or advice, at any time since 1930. 35. All documents reflecting or relating to the recall ofany asbestos-containing products from the market or stream ofcommerce by Defendant or any of its subsidiaries, predecessors or affiliated companies, or related to a decision by any ofthose entities to cease manufacturing, fabricating, selling, installing and/or distributing products containing asbestos. 36. All documents reflecting the physical or chemical composition, makeup or breakdown of any and all asbestos-containing products or components of products manufactured, used, marketed, sold, installed, supplied and/or distributed by the Defendant or any of its subsidiaries, predecessors or affiliated companies. 37. All documents reflecting the disposition or settlement of any claims for workers' compensation benefits against Defendant or any of its subsidiaries, predecessors or affiliated companies, or the workers' compensation carriers ofany and all ofthose entitles that alleged an injury from inhalation of asbestos fibers or exposure to asbestos-containing products or dust of an unspecified origin. 38. All documents reflecting the receipt of raw asbestos, or the receipt of products containing asbestos, the date or dates they were received or shipped, the amounts received or shipped, or other information regarding shipment ofraw asbestos or asbestos-containing products to or by Defendant or any of its subsidiaries, predecessors or affiliated companies. 39. All documents related in any way to the discovery, initial comprehension, or first learning by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause asbestosis. 40. All documents related in any way to the discovery, initial comprehension or first learning by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibe-s can cause pleural thickening. 41. All documents elated in any way to the discovery, initial comprehension or first learning by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause lung cancer. 42. All documents related in any way to the discovery, initial comprehension or first learning, by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause types of cancer other than lung cancer. 43. All documents related in any way to the discovery, initial comprehension or first learning, by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause mesothelioma. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 5 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd 44. All documents reflecting or related to Defendant's or any of subsidiary's, predecessor's or affiliated company's policies concerning employee safety and the avoidance of accidents, including, but not limited to safety brochures, guidelines, bulletins, publications, safety meeting minutes, and/or safety guidelines. 45. All documents related to work accidents sustained by any of Defendant's or any of its subsidiary's, predecessor's or affiliated company's employees involvingthe inhalation offumes, gases or dusts and safety guidelines related to such inhalation, including but not limited to all accident reports or other written materials related in any way to injuries resulting from such inhalations. 46. All documents reflecting or related to Defendant's or any of its subsidiary's, predecessor's or affiliated company's right to contractual indemnity or indemnification from any person, corporation, or business entity for any damages, or potential damages, sustained or that could be sustained, or lawsuits that might or could be filed as the result of the manufacture, sale, supply, installation and distribution ofany products containing asbestos by Defendant or any ofits subsidiaries, predecessors or affiliated companies. 47. All chart(s) ofan organizational nature demonstrating Defendant's relationship with its subsidiaries (both foreign and domestic), predecessors, and any other related companies or entities from 1930 to the present. 48. All documents ever written by the Deponent, or ever in the Deponent's custody, possession or control, reflecting or relating to the testing, preparation for tests and/or the results oftests conducted to determine potential health hazards from the use ofasbestos-containing products, or the inhalation of asbestos, or asbestos fibers. 49. All printed material distributed, written by the Deponent, or ever in the Deponent's custody, possession or control, including brochures, pamphlets, catalogs, packaging or other written material of any kind or character containing any warnings concerning the possibility of injury resulting from the use of asbestos-containing products, or the inhalation of asbestos or asbestos fibers. 50. All written documentation, written by the Deponent or ever in the Deponent's custody, possession or control, relating to or stating the results of any studies or surveys including, incorporating or stating the proposition that asbestos products or products containing asbestos could be manufactured or designed so as to eliminate potential health hazards to persons working with or using them 51. All documents, written by the Deponent or ever in the Deponent's custody, possession or control, reflecting the minutes of corporate meetings of any kind or nature, whether of boards of directors, departments or otherwise, which reflect or relate to asbestos, asbestos health hazards or asbestos containing products. 52. All documents relating to, referring to, created by or received from the National Safety Council. 53. All documents relating to, referring to, created by or received from the American Society of Mechanical Engineers, including but not limited to Mechanical Engineering. Boiler Codes, safety codes and Transactions of the American Society of Mechanical Engineers. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 6 C:\WINDOWS\TEMP\NOTICE-RlLEY.wpd 54. All documents relating to, referringto, created by or received from the American Ceramics Society, including but not limited to The Bulletin and Ceramic Abstracts. 55. All documents relating to, referring to Heat Engineering magazine. Combustion magazine, and Combustion Engineering book. 56. Any and al I documents between you and any user, customer or purchaser ofyour asbestos-containing products which refer, relate or pertain to the uses of said products. 57. Any documents memorializing or referring, relating or pertaining to communications or correspondence among and/or between your officers, director, agents, representatives, employees or consultants and any employer, purchaser or user of your asbestos-containing and industrial insulation products, its officers, directors, agents, representatives, employees or consultants which in any way relates, refers or pertains to asbestos, asbestos-containing products, silica, silica products, pneumoconiosis, asbestos-related illness, injury or disease, dust or workplace health or safety. 58. Any Material Safety Data Sheets which identify the product, manufacturer, supplier, chemical composition, special protection information and special precautions to be taken with any asbestos or any asbestos-containing products. 59. Any annual reports of this defendant to employees or stock holders from the year 1930 through the present. 60. Original or copies of any safety or health manuals, pamphlets or brochures issued by this defendant between 1900 and the present and any documents relating to whom said manuals were issued. 61. Any safe workplace practices manuals, pamphlets or brochures issued by this defendant from 1900 through the present. 62. Any documents referring, relating or pertaining to the Air Hygiene Foundation, the Industrial Health Foundation or the Industrial Hygiene Foundation. 63. Any documents referring, relating or pertaining to the Trudeau Institute and Saranac Lake Laboratory. 64. Any documents referring, relating or pertaining to the Quebec Asbestos Mining Association (QAMA). 65. Any documents referring, relating orpertainingto the National Insulation Manufacturers Association (NIMA). 66. Any documents referring, relating or pertaining to the Thermal Insulation Manufacturers Association (TIMA). 67. Any documents relating to any conference(s), symposia, or meetings attended by any of your officers, physicians, agents, servants, employees or consultants which in any way considered, discussed, reviewed or made recommendations concerning: asbestos-related illness, injury or disease; pneumoconiosis; occupational lung disease; dust; industrial hygiene; and/or worker or workplace health or safety. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 7 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd 68. Any documents relating, pertaining or referring to any of the following individuals: (a) Dr. A.J. Lanza; (b) Dr. Leroy U. Gardner; (c) Dr. Arthur Vorwald; (d) Dr. Gerrit W.H. Schepers; (e) Dr. Wilhelm Hueper; (f) Dr. J.C. Wagner; (g) Dr. Harriet Hardy; (h) Dr. Irving J. Selikoff; (i) W.E. Fleischer; (j) W.C.L. Hemeon; (k) Warren Cook; (l) Sir Richard Doll. 69. Any documents referring, relating or pertaining to asbestos-related injury, illness or disease, pneumoconiosis, occupational lung disease or worker or workplace health or safety. 70. Any documents to and/or from this Defendant and any person, organization, institution, laboratory, foundation, corporation, entity, board or consultants which refer, relate or pertain to air quality studies, dust counts or dust studies, alleged maximum allowable concentrations (MAC), alleged threshold limit values (TLV) or protection of your employees or any other employees or persons from actual or alleged hazards associated with asbestos exposure. 71. Any documents and/or articles ever published by any medical, trade, commercial, scientific or other type ofjournal relative to pneumoconiosis, occupational lung disease, asbestos or asbestos-related injury, illness or disease actually received by this Defendant at anytime prior to 1975 and any documents pertaining to the circumstances under which such information was received. 72. Any documents referring, relating or pertaining to the consideration, initiation, implementation or establishment of any medical examination program by you or anyone for employees or persons involved in the manufacture, use, handling, or who were otherwise exposed to or potentially exposed to asbestos or your asbestos-containing products. 73. Any documents relating, referring or pertaining to the following articles or publications: (A) Engineering (B) The Engineer (C ) Mechanical Engineering (D) Boilermaker and Plate Fabricator 74. Any documents to, from or involving any physician, industrial hygienist or public health specialist which in any way relates, refers or pertains to asbestos-related injury, illness or disease, pneumoconiosis, occupational lung disease, dust, industrial hygiene or worker or workplace health or safety. 75. Any and all documents (including statements and trial deposition testimony of current or former employees of this Defendant) in possession of this Defendant, indicating that this Defendant relied NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 8 C:\WINDOWS\TEMP\NOTlCE-RILEY.wpd upon the January, 1946 article, "A Health Survey ofPipe Covering Operations in Constructing Naval Vessels," by Walter E. Fleischer, Frederick J. Viles, Jr., Robert L. Gade and Philip Drinker, as a reason for not warning or informing users or consumers of asbestos-containing products, of any and all actual or potential health hazards associated with such products. 76. Any and all documents (including statements and trial or deposition testimony of current or former employees of this Defendant) in possession of this defendant, indicating that this Defendant relied upon the alleged Threshold Limit Value of 5 million particles per cubic foot as a reason for not warning or informing users or consumers of asbestos-containing products of any and all actual or potential health hazards associated with such products. 77. Please produce a true and correct copy ofall tests in the field which Defendant conducted or is aware of having been determine the nature and extent of asbestos dust and/or fiber exposure to workers removing and/or tearing out asbestos-containing products. 78. Produce all documents demonstrating this Defendant relied upon Threshold Limit Values for asbestos. 79. Produce all documents regarding the testing to determine ifasbestos is Aencapsulated@ in boilers. 80. Produce all documents referring to encapsulation of asbestos. 81. Produce an index of all boilers and/or pressure vessels manufactured by this Defendant. 82. Produce an index of all boilers and/or pressure vessels installed and/or serviced by this Defendant. 83. Produce all documents referring to the Asbestos Information Association or the Asbestos Information Association/ North America. 84. Produce all documents created by, directed to, received from or referring to Philip Enterline. 85. Produce all documents createdby, directed to, received from or referring to Hans Weill, M.D. 86. Produce all documents created by, directed to, received from or referring to Wendell B. Alcorn, Jr.; Cadwalader, Wickersham & Taft or a Legal/Medical Program of the Asbestos Information Association. 87. Produce all documents created by, directed to, received from or referring to any asbestos-health program sponsored by, conducted by or involving Dr. George Wright. 88. Produce all documents created by, directed to, received from or referring to the American Society of Mechanical Engineering's Boiler Code from 1914 through 1975. 89. Produce all documents regarding membership of any and all employees, managers, officers or directors in the following organizations: American Ceramics Society The Refractory Institute American Society of Mechanical Engineers NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 9 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd Industrial Hygiene Foundation/ Air Hygiene Foundation / Temporary Committee Meeting to organize the Air Hygiene Foundation Asbestos Information Association Asbestos Textile Institute National Insulation Manufacturers Association Thermal Insulation Manufacturers Association Quebec Asbestos Mining Association Iron and Steel Institute National Safety Counsel 90. Any and all documents relating to the workmen=s compensation claims of Louis Munger, Leonard Brokensire and Douglas Nead. 91. Any and all documents referring to or relating to the American Society of Heating and Ventilating Engineers. DEFINITIONS As used in this Notice, the following terms are defined: 1. "Person" shall mean the plural as well as the singular and shall include any natural person, alive or deceased, any firm, corporation, proprietorship, joint venture, trust or estate, business, association, partnership, or other form of legal entity, unless the context indicates otherwise. 2. "Identify" or "identity" when used in reference to documents shall be understood as an instruction to identify the document completely. The identification shall include, but not be limited to, the document's date, title, authors, addresses and other recipients, type (e.g. letter, notes, memoranda, diary, etc.), subject matter, present location, present custodian, and the purposes for which the document was created or prepared. 3. "Each" shall mean each and every; "All" shall mean any and all. 4. "Relating to" and "regarding" shall mean embodying, pertaining to, concerning, constituting, comprising, reflecting, discussing, referring to, or having any logical or factual connection whatsoever with the subject matter in question. 5. The words "Defendant," "You," "Your," and "Your company," shall mean the corporate Defendant noticed for this deposition, its merged, consolidated, or acquired predecessors, divisions, subsidiaries, foreign subsidiaries, foreign subsidiaries of predecessors, and/or affiliates, including present and former officers, directors, agents, employees, and all other persons acting or purporting to act on behalf of the corporate Defendant or its predecessors, subsidiaries, and/or affiliates. "Predecessors" means any business firm, whether or not incorporated, which had all or some of its assets purchased by you or by another entity that you acquired thereafter or that came to be acquired by you whether by merger, consolidation, or otherwise. "Subsidiaries" means any business firm, whether or not incorporated, which is or was in any way owned or controlled, in whole or in part, by Defendant or its predecessors. 6. The words "document" and "documents" include any written, printed, recorded or graphic matter, photographic or videographic matter or sound reproductions or computer input or output, including but not limited to: Papers, books, pamphlets, guidebooks, handbooks, instruction and/or safety manuals, articles, letters, correspondence, electronic or videotape recordings, contracts, notes, rough drafts, inter-office memoranda, reports, research materials, logs, diaries, calendars, bank statements, tax invoices, diagrams, NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 10 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd studies, manuals, minutes, by-laws, articles of incorporation, resolutions, shareholder endorsements, or partnership documents however produced or reproduced, that are now or were formerly in the possession, custody, or control ofthe Defendant (including documents at any time in the possession, custody or control of Defendant's subsidiaries, whether domestic or international, or merged or acquired predecessors). 7. The words "meeting" or "meetings" may mean any coincidence or presence ofany persons, whether or not such coincidence or presence was pre-arranged, was formal or informal, or was in connection with some other activity. 8. The words "describe" or "description", when referring to a place, thing, or occurrence, mean to identify with sufficient particularity the place, thing, or occurrence so as to enable one to locate, examine and fully comprehend or understand the place, thing, or occurrence described. 9. The words "product containing asbestos fibers," "asbestos-containing products," and "asbestos products" all refer to any products or materials prepared in anyway for sale, distribution and/or incorporation into other products, and that contain any kind of asbestos in any form. The words "asbestos materials" and "substances" refer to any and all materials, substances, or matter used or assembled or fabricated during the manufacture of a product which contain asbestos fibers in any form. 10. The words "design changes" and "modifications" mean alterations in the makeup and/or components of a particular product, including but not limited to variations in the amount or type of asbestos used in the process of manufacturing the product modified or changed. 11. The words "releasing products to the public" means selling, distributing, marketing, or otherwise causing the products to be available to the general public and/or retail and wholesale outlets for further distribution or sale. 12. The words "distribute," "distributed," "distributor," and "distribution" all referto the sale, marketing, dispersal, transportation and/or shipment of asbestos-containing products for purposes of their sale, resale and/or for purposes offilling orders from other business concerns. The word "distributor" specifically refers to sales representatives, whether dependent or independent of Defendant and whether or not employed by Defendant, responsible for or having an interest in sales or marketing of Defendant's products. 13. The words "marketed," and "market" mean and include all efforts to aid or assist in the distribution and/or sale of products, including offers on the part of the manufacturer or distributor to sell products and the advertising of products and sales solicitation efforts. 14. The words "medical advisory capacity" refer to the duties, abilities or capabilities of a member of Defendant's staff, or someone or some person under contract to Defendant, to provide services of a medical nature, including but not limited to providing medical advice. 15. The words "trade organization," or "trade association" mean any groups, organizations or associations whose members are business or industrial entities that are associated and/or meet forthe purpose of achieving common goals and/or exchanging information related to common needs or interests, and/or learning information or facts of interest to the various members of the organization or association. 16. The word "plant" means a manufacturing or assembly facility where products are assembled, manufactured, constructed, fabricated, or where component parts, materials, substances, or materials are NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 11 C:\WINDOWS\TEMP\NOTICE-RlLEY.wpd incorporated into final products, or where products or component parts are prepared for further fabrication and/or assembly. 17. The word "manufacture," or "manufactured" means to fabricate, to construct, to assemble, to prepare for fabrication, construction or assembly, and any other action taken prior to completion of the product or material before the time of its shipment. 18. The word "resale" means the sale of a product or products previously purchased by one company ("A") from another company ("B"), without alterations, changes, or modifications to the product prior to the sale by the first company ("A"). 19. The words "sales materials," or "written sales materials" mean and include any and all documents or literature of a promotional nature that were created or printed for the purpose of assisting in the advertising, marketing or distribution of the products. Such documentation may include, but is not limited to, sales invoices, order slips, and other written indicia of orders received and sales made. 20. The words "rebranding agreement" mean an agreement of any kind whereby one party to the agreement is provided products containing asbestos by the other party to the agreement and the agreement contemplates that the first party will place the brand name of its choice upon the products and then proceed to sell, market, distribute and/or place the product in the stream of commerce, utilizing the new brand name. 21. The words "research" and "research department" refer to individuals or groups of individuals involved with efforts, whether scientific or otherwise, to develop new and/or different products or types of products or designs of pre-existing products and incorporates all such efforts that specifically contemplated the possible alteration of products and the development of new products. 22. The words "medical department" refer to an individual or a section or group of individuals working for Defendants, either directly or in a contractual capacity, whose purpose was or is to provide guidance, assistance, or advice concerning any aspects of medical health, including but not limited to the safety of Defendant's workers and the safety of individuals using products manufactured by the Defendant. 23. The words "industrial hygiene surveys" mean surveys, tests, interviews, or other procedures taken or effectuated for the purpose of determining the possibility or existence of detrimental effects caused by Defendant's products on the health of Defendant's workers and/or potential, anticipated, and/or known individuals who might use or be exposed to Defendant's products. INSTRUCTIONS The following instructions apply to the production ofdocuments as required pursuant to this Notice: 1. Documents produced shall be segregated according to the Subpoena Duces Tecum in response to which they are produced. 2. Identify each document or set of documents being produced. 3. Identify each document in the Subpoena Duces Tecum which is withheld based on any claim of privilege and also state (a) the basis of that claim; (b) the name of any and all persons who have seen the document; and (c) the date and subject matter of the document. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 12 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd 4. With respect to any category of documents which you contend is in some way "burdensome" or "oppressive," state the specific reasons for such objection, and produce examples of the documents in question. 5. This Subpoena Duces Tecum, unless otherwise indicated, relate to documents and other things created, written, or produced between 1930 and the present. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 13 C:\WINDOWS\TEMP\NOTICE-RILEY .wpd Respectfully submitted. BARON & BUDD, P.C. 3102 Oak Lawn, Suite 1100 Dallas, Texas 75219 (214) 521-3605 (telephone) (214)520-1181 (facsimile) By: D. LEANNE JACKSON STATE BARCxfo. 00794017 STEPHEN C. JOHNSTON STATE BAR NO. TX 00796839 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served via facsimile on NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 14 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd EXHIBIT "A NAME: NICKNAME: GROUP NAME: BOB G. COMER.B !ER. DECEASED THIRD AMENDED WORK HISTORY SHEET EMPLOYER: See Attached List SUPERVISOR: JOB SITE:See Attached List CITY, STATE: See Attached List DATE OF JOB: See Attached List NAMES OF COWORKERS & JOB TITLES: Delbert Jeffries Chester Brannon Gavlon Montgomery EXPOSURE TO ASBESTOS PRODUCTS: LENGTH OF JOB: See Attached List MY DUTIES AT THIS JOB SITE: Asbestos Worker WAS JOB NEW CONSTRUCTION ____; REPAIR WORK ____; or BOTH X WAS JOB INDOORS ______ ; OUTDOORS? ______ ; or BOTH X ON THIS JOB SITE WERE YOU EXPOSED TO ANY OF THE FOLLOWING: CHEMICALS FUMES GASES CHROMIUM CADMIUM ANY OTHER PRODUCT YES YES X YES YES YES YES NO X NO____ NO X NO X NO X NO X REASON FOR LEAVING: Completed Job LIST: Welding Fumes WAGE RATE/HOUR: ______________________ AVERAGE HOURS WORKED/WEEK: 40+ PERCENTAGE OF TIME EXPOSED TO ASBESTOS PRODUCTS: 100% ASBESTOS MATERIALS USED ON THIS JOB: DID YOU WEAR A RESPIRATOR, MASK OR OTHER PROTECTIVE DEVICE ON THIS JOB TO AVOID INHALATION OF ANY DUST OR FUMES INCLUDING ASBESTOS DUST? YES X NO WORKED WITH AROUND SEE ATTACHMENT "A" FOR PRODUCTS USED AT COMMERCIAL BUILDINGS AND SCHOOLS SEE ATTACHMENT "B" FOR PRODUCTS USED AT INDUSTRIAL SITES THIRD AMENDED WORK HISTORY SHEE1 - Page 1 N:\_CUENTS\C\COMER.B\BGC.WH3 (wpc)(JFB)(07/15/2002) NAME: BOB G. NICKNAME: GROUP NAME: COMER.B 1ER. DECEASED THIRD AMENDED WORK HISTORY SHEET Emplovers/Jobsites: John A. Butler Yuma Air Base Yuma, Arizona 1955 (Approximately 3 months) Industrial Plumbing & Heating Company Telephone Company Building Eldon, Missouri 1956 (Approximately 1 month) Fuller Austin Insulation Company Rocketdyne Meosha, Missouri Gas Plant (Name Unrecalled) Blackwell, Oklahoma 1956, 1957, 1959 (Approximately 8 months) Construction Specialties Company Oil Refinery (Name Unrecalled) Casper, Wyoming 1957 (Approximately 8 months) Joplin Cement Company School (Name Unrecalled) Manhattan, Kansas 1957 (Approximately 5 months) AC&S. Inc. DuPont Plant Topeka, Kansas 1958 (Approximately 7 months) Coffeyville Steam Plant Coffeyville, Kansas 1972 (Approximately 3 months) Insulation & Specialties, Inc. Standard Oil Refinery Casper, Wyoming 1958 (Approximately 1 month) THIRD AMENDED WORK HISTORY SHEET - Page 2 N:\_CLIENTS\C\COMER.B\BGC.WH3 (vpcKJFB)(07/15/2002) NAME: NICKNAME: GROUP NAME: BOB G. TOMER. DECEASED COMER.B THIRD AMENDED WORK HISTORY SHEET Emplovers/Jobsites (Continued): Insulation Service, Inc. Midland Oil Refinery a/k/a Skelly Oil Refinery a/k/a Getty Oil Refinery a/k/a Texaco Oil Refinery a/k/a Shell Oil Refinery a/k/a Equilon Oil Refinery n/k/a Frontier El Dorado Refining Co. El Dorado, Kansas 1959, 1960, 1965, 1973 (Approximately 1 year) Ludeman Insulations. Inc. McConnell Air Force Base Wichita, Kansas 1959, 1960 (Approximately 2 weeks) David E. McDaniel Company. Inc. Various Schools (Names Unrecalled) Hayes, Kansas area Great Bend, Kansas Area 1960, 1961 (Approximately 1 year) Bucklev Construction Hospital (Name Unrecalled) Great Bend Power Plant Great Bend, Kansas McPherson Power Plant McPherson, Kansas 1960, 1962, 1963, 1964 (Approximately 13 months) Manville Sales Corporation Experimental Power Plant Fayetteville, Arkansas 1968 (Approximately 3 months) Utah Manhattan Sundt & Associates Atlas Missile Sites Salina, Kansas 1961, 1962 (Approximately 5 months) THIRD AMENDED WORK HISTORY SHEET - Page 3 N:\_CLIENTS\OCOMER.B\BGC WH3 (wpc)(JFB)(07/15/2002) NAME: NICKNAME: GROUP NAME: BOB G. ____________ COMER.B MER. DECEASED THIRD AMENDED WORK HISTORY SHEET Emplovers/Jobsites (Continued): Fluor Corporation Gas Plant (Name Unrecalled) Bushton, Kansas 1963 (Approximately 2 months) Insulation Industries, Inc. Army Base Fort Riley, Kansas Titan Missile Base Little Rock, Arkansas McPherson Power Plant McPherson, Kansas James River Power Plant and Southwest Power Plant Springfield Missouri 1964, 1965, 1966, 1975, 1976 (Approximately 16 months) Midwest Materials Company University of Arkansas Campbell Soup Plant Fayetteville, Arkansas Army Base ' Fort Leonardwood, Missouri Continental Can Rogers, Arkansas Coffeyville Steam Plant Coffeyville, Kansas Ordinance Plant Parsons, Kansas Various Schools and Commercial Buildings (Names Unrecalled) Missouri and Kansas 1964, 1965, 1967-1975 (All years intermittently) THIRD AMENDED WORK HISTORY SHEET - Page 4 N:\_CLIENTS\C\COMER.B\BGC.WH3 (wpc)(JFBM07/15/2002) NAME: NICKNAME: GROUP NAME: BOB G. TOMER. DECEASED COMER.B THIRD AMENDED WORK HISTORY SHEET Emplovers/Jobsites (Continued): Tennessee Valiev Authority Power Plant (Name Unrecalled) Paradise, Kentucky 1965 (Approximately 3*5 months) Southwestern Insulation & Material Company City Building Joplin, Missouri University of Arkansas Fayetteville, Arkansas Hospital (Name Unrecalled) Osceola, Missouri 1966, 1967, 1968, 1969, 1971 (Approximately 14 months) Catalytic. Inc. Atlas Power Plant Joplin, Missouri 1966, 1968, 1969 (Approximately 4 months) Freeman Insulation & Supply Company St. John's Hospital Springfield, Missouri 1966, 1967 (Approximately 2 months) Hvmer Insulation & Materials. Inc. Post Office Oswego, Kansas 1971 (Approximately 1H months) Apollo Precision Insulation. Inc. Power House (Name Unrecalled) Coffeyville, Kansas 1973 (Approximately 2 months) THIRD AMENDED WORK HISTORY SHEET - Page 5 N:\_CLIENTS\C\COMER.B\BGC.WH3 (wpcXJFBH07/15/2002) NAME: NICKNAME: GROUP NAME: BOB G. TOMER. DECEASED COMER.B THIRD AMENDED WORK HISTORY SHEET Emplovers/Jobsites (Continued): Breeding Insulation Company, Inc. University of Arkansas Fayetteville, Arkansas 1974, 1976, 1977 (Approximately 14 months) Insulcon. Inc. Army Base Fort Leonardwood, Missouri 1975 (Approximately 7 months) THIRD AMENDED WORK HISTORY SHEET - Pace 6 N:\_CLIENTS\C\C0MER.B\8GC.WH3 (wpc)(JFB)(07/15/2002) NAME: NICKNAME: GROUP NAME: BOB G. T1TMER. DECEASED COMER.B THIRD AMENDED WORK HISTORY SHEET EMPLOYER: Joplin Dry Wall Company. Inc._____________ SUPERVISOR: JOB SITE: Various Residences NAMES OF COWORKERS & JOB TITLES: CITY, STATE: Joplin Missouri Area DATE OF JOB: 1972; 1973 EXPOSURE TO ASBESTOS PRODUCTS: LENGTH OF JOB: Approximately 6-8 months MY DUTIES AT THIS JOB SITE: Drvwaller WAS JOB NEW CONSTRUCTION X ; REPAIR WORK ; or BOTH WAS JOB INDOORS X ; OUTDOORS? .. ; or BOTH ON THIS JOB SITE WERE YOU EXPOSED TO ANY OF THE FOLLOWING: CHEMICALS FUMES GASES CHROMIUM CADMIUM ANY OTHER PRODUCT YES YES YES YES YES YES NO X NO X NO X NO X NO X NO X REASON FOR LEAVING: Completed Job LIST: WAGE RATE/HOUR: AVERAGE HOURS WORKED/WEEK: 40 PERCENTAGE OF TIME EXPOSED TO ASBESTOS PRODUCTS: 100% DID YOU WEAR A RESPIRATOR, MASK OR OTHER PROTECTIVE DEVICE ON THIS JOB TO AVOID INHALATION OF ANY DUST OR FUMES INCLUDING ASBESTOS DUST? YES X NO ASBESTOS MATERIALS USED ON THIS JOB: WORKED WITH AROUND JOINT COMPOUND: Durabond Paco Georgia Pacific XX XX XX WALLBOARD: U.S. Gypsum XX THIRD AMENDED WORK HISTORY SHEET - Page 7 N:\_CUENTS\C\COMER.B\BGC.WH3 (wpcKJFB)(07/15/2002) NAME: BOB G. ' NICKNAME: _________ GROUP NAME: COMER.B IER. DECEASED THIRD AMENDED WORK HISTORY SHEET EMPLOYER: SUPERVISOR: JOB SITE:Personal Residence NAMES OF COWORKERS & JOB TITLES: CITY, STATE: DATE OF JOB: Early 1960's EXPOSURE TO ASBESTOS PRODUCTS: LENGTH OF JOB: MY DUTIES AT THIS JOB SITE: Installed Floor Tile WAS JOB NEW CONSTRUCTION ; REPAIR WORK X ; or BOTH WAS JOB INDOORS X ; OUTDOORS? ______ ; or BOTH ON THIS JOB SITE WERE YOU EXPOSED TO ANY OF THE FOLLOWING: CHEMICALS FUMES GASES CHROMIUM CADMIUM ANY OTHER PRODUCT YES___ YES YES YES YES YES NO X NO X NO X NO X NO X NO X REASON FOR LEAVING: WAGE RATE/HOUR: ______________________ AVERAGE HOURS WORKED/WEEK: PERCENTAGE OF TIME EXPOSED TO ASBESTOS PRODUCTS: ASBESTOS MATERIALS USED ON THIS JOB: LIST: DID YOU WEAR A RESPIRATOR, MASK OR OTHER PROTECTIVE DEVICE ON THIS JOB TO AVOID INHALATION OF ANY DUST OR FUMES INCLUDING ASBESTOS DUST? YES______ NO X WORKED WITH AROUND FLOOR TILE: Armstrong XX THIRD AMENDED WORK HISTORY SHEET - Pace 8 N:\_CLIENTS\C\COMER.BVBGC.WH3 (wpcXJFBX07/15/2002> NAME: NICKNAME: GROUP NAME: BOB G. COMER.B ER, DECEASED THIRD AMENDED WORK HISTORY SHEET ATTACHMENT "A" Jobsites: Various Commercial Buildings and Schools ASBESTOS MATERIALS USED ON THESE JOBS: PIPE COVERING & BLOCK: Kaylo Mundet Thermobestos Pabco Mundet CEMENT: Super 66 352 Pabco Delta Maid One Shot Mundet JOINT COMPOUND: Durabond Georgia Pacific Paco Gold Bond "USG" WALLBOARD: ~ U.S. Gypsum WORKED WITH AROUND XX XX XX XX XX XX XX XX XX XX X X X X X X THIRD AMENDED WORK HISTORY SHEET Paoe 9 N:\_CLIENTS\C\COMSR.B\BGC.WH3 (wpc>|JFBX07/15/2002) NAME: BOB G. IMER. DECEASED NICKNAME: GROUP NAME: COMER.B THIRD AMENDED WORK HISTORY SHEET ATTACHMENT "B" Jobsites: Various Industrial Sites ASBESTOS MATERIALS USED ON THESE JOBS: PIPE COVERING: Kaylo Unibestos Careytemp Thermobestos Pabco Calsilite BLOCK: Kaylo Careytemp Thermobestos Pabco Calsilite Monoblock Armstrong CEMENT: - Zonolite Super 66 352 A. P. Green Pabco 48 Calsilite Careytemp Narco WORKED WITH AROUND XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX THIRD AMENDED WORK HISTORY SHEET - Pane 10 N:\_CLIENTS\C\COMER.B\BGC WH3 (wpc)(JFB07/15/2002) FREDERICK M. BARON RUSSELL W. BUOO BRENT M. ROSENTHAL USA A. BLUE, PH D MARYE SKELNIK STEVEN D WOLENS MELISSA K. HUTTS STEVE BAUGHMAN JENSEN ALLEN M STEWART RICHARD I HEMEROFF USA R. WVETT LEANNEJACKSON LAURA BAUGHMAN ELIZABETH R. SCHICK LAURIE J MEGGESIN LADOR GIBKE ALANB RICH ELLEN A. PRESBY SPECIAL COUNSEL. SCOTT SUMMY DIANE M. ANDREW* SAMT. WCHARO CHRISTINA E. MANCUSO SCOTT MORRISON WESLEY K. YOUNG STEPHEN C. JOHNSTON MSTY A. FARRIS WLUAJJ K. TAPSCOTT, JR ASKEY HIGGINS JETER BENK. DUBOSE AMY J. SHAHAN TAERIIMOH SUSAN L BOZORTH* AM4 TVTOKY HARPER CAREN LOCK HANSON KM LEVINGSTON LAWRENCE G. GETTYS* KEVIN 0. MCHARGUE AUCIA D. BUTLER KAMELA A. WUGNSON "PATRICK O'NEAL Gary D. Elliston DeHay & Elliston 3500 Bank of America Plaza 901 Main Street Dallas, TX 75202 Baron & Budd A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS THE CENTRUM 3102 OAK LAWN AVENUE SUITE 1100 DALLAS, TEXAS 75219-4281 (214) 521-3605 TELECOPIER (214) 520-1181 August 16, 2002 JOHN E. ANS8ACH ANDREAS. BOURNE VIRGINIA L ADAMS JOYCELL M.HOUJNS MARTY A MORRIS LAURA M. CABUTTO IGNACIO BARBERO TAD GROUND JAMES D. PfEl SCOTT R. FRIEUNG THOMAS M. SIMS JOHN J. SPUANE DANA M. GRAY NATALIE F. DUNCAN MONTY WADE SULLIVAN ALLEN R. VAUGHT AMYM. CARTER FRANK E GOODRICH CARLA M. BURKE SCOTT L FROST TFFANY NEWUN CRAIG M. SCHUMACHER JACQUEUW MONTEJANO S. ANN SAUCER JULIANNE J. MAERSCHEL BRIAN P. MIN REY FERNAN0E2 EDMONOL MARTIN DONNA J.BLEVNS STEPHANIE N. BROOKS DAVDT. RITTER CHRIS J. PANATER J. KAMA DAVIS ANGELA R OWENS RENEE MELANQON "THERESA L NELSON D. CARL MONEY *AL G. VANDERPLOEG CELESTE A. EVANGELIST] "MICHAEL R. ROSS "LICENSED N STATES OTHER THAN TEXAS Re: Bob Gene Comer et al. v. Garlock, Inc. et al. Cause No. CC-98-09394-C; COUNTY COURT AT LAW NO. 3; DALLAS (DALLAS Co) TX Dear Counsel: Enclosed please find a Notice of Intention to take the Oral Deposition of Harold Riddar and Subpoena Duces Tecum in the above-referenced matter. CLH:kg Enclosures cc: All Counsel of Record - Via Fascimile Caren Lock Hanson ! \A n YS\CZH\COR\Elliston 08l602dd wpd