Document oe5nx2qDQ7KR6gJd8OmoBVpmR

RECEIVED m 1 3 W 1 HOWARD L. CHURCHILL, ESQ. KATHLEEN S. FARLEY, ESQ. 2 BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER, INC. 3 122C Oakland Boulevard, Suite 200 Post Office Box 5168 4 Walnut Creek, California 94596 (415) S37-4950 5 Attorneys for Defendant 6 KELLY-MOORE PAINT COMPANY, INC. s PtAINTIFF'S * EXHIBIT KM- 4 3 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SOLANO 10 11 IN RE SOLANO COUNTY COMPLEX ASBESTOS LITIGATION NO. 2830 12 ________________________________ _________ / DEFENDANT K ANSWERS TO PLAINTIFFS' 13 STANDARD SET OF INTERROGATORIES 14 15 Id PROPOUNDING PARTY Plaintiffs 17 RESPONDING PARTY: Defendant KELLY-MOORE PAINT COMPANY, INC. 18 SET NO.: ONE 19 20 TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 21 22 Defendant KELLY-MOORE PAINT COMPANY, INC. responds to 23 Plaintiffs' First Set of Interrogatories to Defendant as follows: 24 /// 25 /// 26 /// 27 /// 28 /// SE 1 i DEFINITIONS 2 GEOGRAPHIC LIMITATION. Unless otherwise specifically set 3 forth, the geographic scope of these interrogatories is NORTHERN 4 CALIFORNIA. 5 TIME LIMITATION. Unless otherwise specifically set forth, 6 the time frame of these interrogatories is 1930 to the present. 7 "THIS DEFENDANT" (THIS DEFENDANT'S) shall mean the named 8 defendant herein, all of its predecessors in interest, and all of 9 its successors in interest. 10 "YOU" and "YOUR" refer to the defendant who is named above 11 as the responding party. 12 "ASBESTOS-CONTAINING PRODUCT(S)" shall mean any product(s) 13 of THIS DEFENDANT which THIS DEFENDANT knows or believes 14 contain(s) the mineral asbestos. 15 "RAW ASBESTOS FIBER" means asbestos fiber mined or milled, 16 either packaged or in bulk, not compounded with other substances 17 and essentially pure with the exception of naturally occurring 18 trace amounts of other substances. 19 "MARKET" (MARKETing, MARKETed) shall mean the mining, 20 supply, sale, labeling, distribution, importing, processing or 21 manufacture of raw asbestos fiber and/or asbestos-containing 22 products. 23 A request to describe the "NATURE" of ASBESTOS-CONTAINING 24 PRODUCT(S) shall mean to describe the: (a) color, (b) texture, 25 (c) form (i.e.. powder, liquid, paste, solid, board, cloth, 26 blanket, wire insulation, etc.), and (d) physical dimensions 27 (length, width, height, volume and weight). 28 /// USl :lO 2 1 ''DOCUMENT(S) " or "WRITING(S) '' shall include all writings as 2 defined by Section 250 of the California Evidence Code. A request 3 to "IDENTIFY" a "DOCUMENT" of "WRITING" shall mean a request to 4 state: (a) the author? (b) the addressee? (c) date of origin; 5 (d) the nature of the writing or document fe.q.. letter, 6 telephone memorandum, audio tape recording, photograph, etc.)? 7 and (e) its present location and name and present address of 8 custodian thereof. 9 A request to state the "IDENTITY" of a person or individual 10 means to state his or her name, the place of employment, job 11 title, present business or present or last known home address, 12 and present business telephone number. 13 "NORTHERN CALIFORNIA" shall encompass the following forty- 14 six (46) counties: Alameda, Alpine, Amador, Butte, Calaveras, 15 Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, 16 Humboldt, Kern, Kings, Lake, Lassen, Marin, Mariposa, Mendocino, 17 Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, 18 Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, 19 Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, 20 Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba. 21 A "CONTRACT UNIT(S)" shall mean a department, division, 22 subdivision, branch, or group which has been or is now engaged in 23 installation and/or removal of RAW ASBESTOS FIBER and/or 24 ASBESTOS-CONTAINING PRODUCT(S). 25 "COMPANY" means any profit-making private enterprise, 26 including corporations, partnerships, joint ventures, and sole 27 proprietorships. 28 /// USE. 10 *'Os 3 1 GENERAL OBJECTIONS 2 The following objections are raised 'as to each and every 3 Interrogatory propounded in this set: 4 1. Defendant KELLY-MOORE objects on the grounds these 5 Interrogatories are overly broad as to time and scope, are 6 burdensome, and are not reasonably calculated to lead to 7 discovery of admissible evidence, as the interrogatories seek 8 information that covers a time period of 60 years and request 9 Defendant to assimilate documents and information that may or may 10 not have been retained over such a period of time. 11 2. Defendant KELLY-MOORE objects to the extent these 12 Interrogatories may have been previously answered under oath in 13 San Francisco and Solano counties and as such these 14 Interrogatories are burdensome, oppressive, irrelevant and 15 repetitious. 16 3. Defendant KELLY-MOORE also objects to these 17 Interrogatories to the extent they call for information protected 18 by the attorney-client privilege or the attorney work-product 19 doctrine. 20 4. Furthermore, Defendant KELLY-MOORE does not waive any 21 objections it has now or may have in the future concerning the 22 Order of the Court allowing Plaintiffs to serve these 23 Interrogatories in Solano County. By answering this set of 24 Interrogatories, Defendant KELLY-MOORE does not waive any of its 25 rights or remedies. 26 /// 27 /// 28 /// 4 1 ANSWERS TO INTERROGATORIES 7 3 Defendant KELLY-MOORE PAINT COMPANY, INC. responds to 4 Plaintiffs' Standard Set of Interrogatories as follows: 5 6 INTERROGATORY NO. 1: 7 With respect to the individual verifying these answers on 8 your behalf, state the following: 9 a. their name; 10 b. their present business address; 11 c. their present job title? 12 d. their date of first emplbyment with you, and the dates 13 and titles of each job position they have held while they were 14 employed by you. 15 ANSWER: 16 Without waiving its general objections, Defendant KELLY17 MOORE responds as follows: 18 a. John Bacigalupo; Douglas Wayne Merrill. 19 b. John Bacigalupo: 987 Commercial Street, San Carlos, CA 20 94070; Douglas Merrill: 987 Commercial Street, San Carlos, CA 21 94070. 22 c. John Bacigalupo, Secretary-Treasurer; Douglas Merrill, 23 Vice President of Manufacturing. 24 /// 25 /// 26 /// 27 /// 28 /// 5 1 d. John Bacigalupo: April 1969 to January 1972 2 Accountant; January 1972 to January 1976 - Controller and 3 Assistant General Manager; January 1976 to April 1978 4 Accounting Manager for West Coast Rochy Mountain Division; April 5 1978 to March 1980 - Vice President of Accounting; March 1980 to 6 Present - Vice President of Accounting and Secretary-Treasurer. 7 Douglas Merrill; July 1968 to October 1968 - Quality 8 Control Chemist; October 1968 to December 1981 - Research and 9 Production Manager - Paco Division; December 1981 to March 1983 10 Assistant to Vice President, Manufacturing; March 1983 to April 11 1989 - Plant Manager; April 1989 to Present - Vice President of 12 Manufacturing. 13 14 INTERROGATORY NO. 2: 15 State whether YOU are a corporation. If so, state: 16 a. YOUR full corporate name; 17 b. the state of incorporation; 18 c. the date of incorporation; 19 d. the address of YOUR principal place of business; 20 e. if YOU are wholly-owned or if more than five (5) percent 21 of the ownership interest of YOUR COMPANY is owned by another 22 business entity, state that entity's name and principal place of 23 business. 24 ANSWER: 25 Without waiving its general objections. Defendant KELLY- 26 MOORE responds as follows; 27 a. Kelly-Moore Paint Company, Inc. 28 b. California. JS 10 6 1 c. December 4, 1952? 2 d. 987 Commercial Street, San Carlos, CA 94070. 3 e. Not Applicable. 4 5 INTERROGATORY NO. 3: 6 Has THIS DEFENDANT ever been identified, known, or done 7 business under any other name? If so, please state such name or 8 names and the time period during which THIS DEFENDANT was so 9 known or identified. 10 ANSWER: 11 Without waiving its general objections, Defendant KELLY12 MOORE responds as follows: 13 NO. 14 15 INTERROGATORY NO. 4: 16 State whether YOU have ever been registered or qualified to 17 do business in the State of California. If so, state the date 18 YOU became qualified to conduct business in the State of 19 California, 20 ANSWER: 21 Without waiving its general objections, Defendant KELLY22 MOORE responds as follows: 23 Yes; December 4, 1952; however. Defendant KELLY-MOORE PAINT 24 COMPANY, INC. was a general partnership from April 1, 1946 until 25 the date of incorporation. 26 27 /// 28 /// USE to r 7 i INTERROGATORY NO. 5: 2 Does THIS DEFENDANT currently have, or has THIS DEFENDANT 3 had a department, division, subdivision, branch or group 4 responsible for the design, development, manufacture, testing and 5 use of ASBESTOS-CONTAINING PRODUCT(S). If so, state: 6 a. the name of each present or former corporate department, 7 division, subdivision, branch or group? 8 b. the IDENTITY of the person most knowledgeable about such 9 department, division, subdivision, branch or group. 10 ANSWER: n Without waiving its general objections. Defendant KELLY- 12 MOORE responds as follows: 13 a. Paco Textures Division. 14 b. Douglas Wayne Merrill. 15 16 INTERROGATORY NO. 6: 17 Has THIS DEFENDANT engaged in the MARKETing of ASBESTOS18 CONTAINING PRODUCT(S) comprised in whole or in part of amosite 19 asbestos fiber? if so, please state: 20 a. the trade, brand name and/or generic name of each type 21 of product? 22 b. the date(s) THIS DEFENDANT first MARKETed each type of 23 product? 24 c. the date(s) THIS DEFENDANT ceased MARKETing each type of 25 product? 26 d. a general description of the chemical composition of 27 each type of product, including: 28 /// uSfc ID O'. 8 1 (i) the type(s) and/or grade(s) of RAW ASBESTOS 2 FIBER contained in each type of product; 3 (ii) the quantitative percentage of the type(s) of 4 RAW ASBESTOS FIBER in each type of product; 5 (iii) any change(s) in the quantitative percentages of 6 the type(s) of RAW ASBESTOS FIBER in each type of product; 7 e the NATURE of each type of product; 8 f. a description of any wording, markings and/or logo on 9 each type of product; 10 g. the recommended use(s) of each type of product, 11 including temperature limits; 12 h. the name(s) of the manufacturer(s) of each type of 13 product; 14 i. the name(s) and address(es) of the supplier(s) of the 15 amosite asbestos fiber used in each type of product; 16 j. the IDENTITY of the person(s) most knowledgeable 17 concerning the purchase of amosite asbestos fiber by THIS 18 DEFENDANT. 19 ANSWER: 20 Without waiving its general objections, Defendant KELLY- 21 MOORE responds as follows: 22 NO. 23 24 INTERROGATORY NO. 7: 25 Has THIS DEFENDANT engaged in the MARKETing of amosite 26 asbestos fiber; if so, please state: 27 a. the name and location of each amosite asbestos mine 28 which THIS DEFENDANT presently operates, has operated, or in uSt :lo 9 1 which THIS DEFENDANT has or had an ownership interest, including 2 the dates of such ownership, and the grade of amosite asbestos 3 fiber mined? 4 b. the date(s) THIS DEFENDANT first MARKETed amosite 5 asbestos fiber; 6 c. the date(s) THIS DEFENDANT ceased MARKETing amosite 7 asbestos fiber? 8 d. the grade(s) of such amosite asbestos fiber MARKETed by 9 THIS DEFENDANT? 10 e. the recommended use(s) of each grade of such amosite 11 asbestos fiber, including any temperature limits? 12 f. the name(s) and address(es) of the supplier(s) of 13 amosite asbestos fiber to THIS DEFENDANT. 14 answer: 15 Without waiving its general objections. Defendant KELLY16 MOORE responds as follows: 17 NO. 18 19 INTERROGATORY NO, 8: 20 Has THIS DEFENDANT engaged in the MARKETing of ASBESTOS- 21 CONTAINING PRODUCTS comprised in whole or in part of chrysotile 22 asbestos fiber? if so, please state: 23 a. the trade, brand name and/or generic name of each type 24 of product; 25 b. the date(s) THIS DEFENDANT first MARKETed each type of 26 product; 27 c. the date(s) THIS DEFENDANT ceased MARKETing each type of 28 product; USE : lO 10 1 d. a general description of the chemical composition of 2 each type of product, including: . 3 (i) the type(s) and grade(s) of asbestos fiber 4 contained in each type of product; 5 (ii) the quantitative percentage of the types of 6 asbestos fiber in each type of product? 7 (iii) any change(s) in the quantitative percentages of 8 the type(s) of asbestos fiber in each type of product? 9 e. the NATURE of each type of product? 10 f. a description of any wording, markings, and/or logo on 11 each type of product? 12 g. the recommended use(s) of each type of product, 13 including temperature limits? 14 h. the name of the manufacturer of each type of product? 15 i. the name(s) and address(es) of the supplier(s) of the 16 chrysotile asbestos fiber used in each type of product; 17 j. the IDENTITY of the person(s) most knowledgeable 18 concerning the purchase of chrysotile asbestos fiber by THIS 19 DEFENDANT. 20 ANSWER: 21 Without waiving its general objections. Defendant KELLY- 22 MOORE responds as follows: 23 a. - g. Please see attached chart. 24 h. Kelly-Moore Paint Company, Inc./Paco Textures Corp. 25 i. Johns Manville, Carey Canada, and Union carbide. 26 j. Douglas Wayne Merrill, Plant Manager. 27 28 /// yse iX O'. 11 3 53 C * o a 0 K oX > \ o 55 a 0p P LO CD o 0 -H-j > onoc 0 pp Sp 0> K p *o *0 -O XT 0i pc C tA 5 ".a 30 a rt x O0 C0 Cl H| ft 0 o 0 < p o 3 ft <3 Hc: PP K> HO Sf* OH a OH W O i v HO Z P0 O OH to 1 P 0 9 \ 0 oN \ I -J CD as O o *0 l 3n N> p 0 . *< OH 0 Z Or ff X p p 0 KXVfl 3P PA *< l n0 Z OOP rt x to P p OH O ** oo a 1 3P CD P h< K U 0 *0 fot S3 pa P0 0P 01 ns' on 0 0*0 WOO rr p- a p ap 0 t-- 3 p 0 3 P 3 3 O o B T3 0 c 3 a p to -N. o o <0 as K> ODD 1 3P U P H< . *< WH 0 *0 *0 0 ft i pa p 0M -9 0 o p 33 o 0 3 0cs 3 a p HO o P 50 PP 3 a 0 on o 1 3M CO P H< H< w 0 *0 *0 o rr pa P0 p 0) 0 a a p -3 H0 n 0 g0 3rr p fO \ O' o P oa - 0 c-- o ft o 3 Z3 0 P X 0 ct rp3r 0 P P O 3 0 P 0 H < z 0 CD P O=? ft ft 3 a p0 c 3 D>C HO pa aO' o9 O oa oo o 3 (t Hi ft 0 P-0 3 C 0 Q. 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2 Has THIS DEFENDANT engaged in the KARKETing of. chrysotile 3 asbestos fiber; if so, please state: a. the name and location of each chrysotile asbestos mine 4 5 which THIS DEFENDANT presently operates, has operated, or in 6 which THIS DEFENDANT has or had an ownershp interest, including 7 dates of such ownership, and the grade of chrysotile asbestos 8 fiber mined; 9 b. the date(s) THIS DEFENDANT first MARKETed chrysotile 10 asbestos fiber; n c. the date(s) THIS DEFENDANT ceased MARKETing chrysotile 12 asbestos fiber; 13 d. the grade(s) of such chrysotile asbestos fiber MARKETed 14 by THIS DEFENDANT; 15 e. the recommended use(s) of each grade of such chrysotile 16 asbsetos fiber, including temperature limits; 17 f. the name(s) and address(es) of the supplier(s) of 18 chrysotile asbestos fiber to THIS DEFENDANT. 19 ANSWER 20 Without waiving its general objections, Defendant KELLY21 MOORE responds as follows: 22 NO 23 24 INTERROGATORY NO. 10 25 Has THIS DEFENDANT env 26 CONTAINING PRODUCTS comprised 27 asbestos fiber; if so, please s i/ KETing of ASBESTOSoart of crocidolite 28 /// use no 12 1 a. the trade, brand name and/or generic name of each type 2 of product; . 3 b. the date(s) THIS DEFENDANT first HARKETed each type of 4 product; 5 c. the date(s) THIS DEFENDANT ceased MARKETing each type of 6 product; 7 d. a general description of the chemical composition of 8 each type of product, including; 9 (i) the type(s) and grade(s) of asbestos fiber 10 contained in each type of product; 11 (ii) the quantitative percentage of the type(s) of 12 fiber in each type of product; 13 (iii) any change(s) in the quantitative percentages of 14 the type(s) of asbestos fiber in each type of product; 15 e. the NATURE of each type of product; 16 f. a description of any wording, markings and/or logo on 17 each type of product; 18 g. the recommended use(s) of each type of product, 19 including temperature limits; 20 h. the name of the manufacturer of each type of product; 21 i. the name(s) and address(es) of the supplier(s) of the 22 crocidolite asbestos fiber used in each type of product; 23 j. the IDENTITY of the person(s) most knowledgeable 24 concerning the purchase of crocidolite asbestos fiber by THIS 25 DEFENDANT. 26 ANSWER: 27 Without waiving its general objections, Defendant KELLY- 28 MOORE responds as follows: USE lO 13 1 NO, 2 3 INTERROGATORY NO. 11: 4 Has THIS DEFENDANT engaged in the MARKETing of crocidolite 5 asbestos fiber; if so, please state; 6 a. the name and location of each crocidolite asbestos mine 7 which THIS DEFENDANT presently operates, has operated, in the, 8 and/or in which THIS DEFENDANT has or had an ownershp interest, 9 including dates of such ownership, and the grade of asbestos 10 fiber mined; 11 b. the date(s) THIS DEFENDANT first MARKETed crocidolite 12 asbestos fiber; 13 c. the date(s) THIS DEFENDANT ceased MARKETing crocidolite 14 asbestos fiber; 15 d. the grade(s) of such crocidolite asbestos fiber MARKETed 16 by THIS DEFENDANT; 17 e. the recommended use(s) of each grade of such crocidolite 18 asbsetos fiber, including temperature limits; 19 f. the name(s) and address(es) of the supplier(s) of 20 crocidolite asbestos fiber to THIS DEFENDANT. 21 ANSWER: 22 Without waiving its general objections, Defendant KELLY23 MOORE responds as follows: 24 NO. 25 26 INTERROGATORY NO. 12: 27 Does or did THIS DEFENDANT have a controlling ownership 28 interest in any COMPANY which MARKETed ASBESTOS-CONTAINING jS LD 14 1 PRODUCT(S); if so, please state: 2 a. the name of such COMPANY; 3 b. the date of incorporation of such COMPANY? 4 c. the state of incorporation of such COMPANY? 5 d. the date such interest was acquired; 6 e. the date such interest was changed or terminated, if 7 applicable? 8 f. the name and location of each facility of such COMPANY? 9 g. the name of each type of ASBESTOS-CONTAINING PRODUCT(S) 10 manufactured, processed, and/or assembled by such COMPANY. 11 ANSWER: 12 Without waiving its general objections, Defendant KELLY13 MOORE responds as follows: 14 NO. 15 16 INTERROGATORY NO. 13: 17 Does or did THIS DEFENDANT have a controlling ownership 18 interest in any COMPANY that MARKETed RAW ASBESTOS FIBER; if so, 19 please state: 20 a. the name of such COMPANY? 21 b. the date of incorporation of such COMPANY; 22 c. the state or country of incorporation of such COMPANY; 23 d. the date such interest was acquired? 24 e. the dates such interest was changed or terminated, if 25 applicable? 26 f. the name and location of each asbestos mine owned of 27 such COMPANY? 28 /// USf . 10 15 g. the grade and type of RAW ASBESTOS FIBER mined at each 1 2 mine. 3 ANSWER: 4 Without waiving its general objections, Defendant KELLY5 MOORE responds as follows: 6 NO. 7 8 INTERROGATORY NO. 14: 9 Has THIS DEFENDANT warehoused any RAW ASBESTOS FIBER or 10 ASBESTOS-CONTAINING PRODUCT(S) in the State of California; if so, n please state: 12 a. the address of each warehouse facility; 13 b. the year(s) THIS DEFENDANT utilized each facility; 14 c. the IDENTITY of the custodian of warehousing records. 15 ANSWER: 16 Without waiving its general objections, Defendant KELLY17 MOORE responds as follows: 18 Not Applicable. 19 20 INTERROGATORY NO. 15: 21 Has THIS DEFENDANT owned or operated facilities anywhere in 22 the United States in which ASBESTOS-CONTAINING PRODUCT(S) have 23 been manufactured, processed and/or assembled; if so, state: 24 a. the address of each such facility, including city and 25 state. 26 ANSWER: 27 Without waiving its general objections. Defendant KELLY- 28 MOORE responds as follows: US. 1.0 16 1 1. Kelly-Moore Paint Company, Inc., 987 Commercial Street, 2 San Carlos, California 94070. 3 2. Kelly-Moore Paint Company, Inc., 301 West Hurst Blvd., 4 Hurst, Texas 75053. 5 3. Kelly-Moore Paint Company, Inc., 3600 East 45th Avenue, 6 Denver, Colorado 80216. 7 4. Kelly-Moore Paint Company, Inc., 11200 Kirkland Way, 8 Kirkland, Washington 98033. 9 5. Kelly-Moore Paint Company, Inc., West Kenosha Street, 10 Broken Arrow, Oklahoma 74012. 11 6. Kelly-Moore Paint Company, Inc., The Alameda, Houston, 12 Texas. 13 7. Kelly-Moore Paint Company, Inc., 1400 Campus Drive, 14 Ontario, California 91764. 15 16 INTERROGATORY NO. 16: 17 If THIS DEFENDANT owned or operated facilities in which 18 ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed 19 and/or assembled, please state: 20 a. the date said facilities began operation; 21 b. the date said facilities ceased operation; and 22 c. the name of each type of ASBESTOS-CONTAINING PRODUCT 23 manufactured, processed or assembled at each such facility. 24 ANSWER: 25 Without waiving its general objections, Defendant KELLY26 MOORE responds as follows: 27 1. a. December 1960. 28 b. March 1978. USt ; 1.0 17 1 c. Please see attached chart, 2 a. As far as Defendant is aware, 1970 3 b. As far as Defendant is aware, 1977. 4 c. Unknown. 5 3 . a. As far as Defendant is aware, 1971. 6 b. As far as Defendant is aware, 1976. 7 c. Drywall products. 8 4. a. As far as Defendant is aware. 1969. 9 b. As far as Defendant is aware, 1972. 10 c. Drywall products. 11 5. a. As far as Defendant is aware, 1969. 12 b. As far as Defendant is aware. 1977. 13 c. Drywall products. 14 6. a. As far as Defendant is aware, 1967. 15 b. As far as Defendant is aware, 1974. 16 c. Drywall products. 17 7 . a. As far as Defendant is aware, 1968. 18 b. Unknown? not operating at present. 19 c. Drywall products. 20 21 INTERROGATORY NO. 17: 22 Has THIS DEFENDANT purchased or otherwise aquired any rights 23 to the manufacture of ASBESTOS-CONTAINING PRODUCT(S) from another 24 COMPANY? If so, state: 25 a. the date of purchase or acquisition of such rights; 26 b. the trade, brand, and/or generic name of such ASBESTOS27 CONTAINING PRODUCT(S); 28 /// JSt i.0 18 1 c. the name and location of any COMPANY from which such 2 rights were purchased or acquired; 3 d. the IDENTITY of the custodian of records of such 4 purchase(s) or acquisition(s). 5 ANSWER: 6 Without waiving its general objections, Defendant KELLY7 MOORE responds as follows: 8 NO. 9 10 INTERROGATORY NO. 18: 11 Has THIS DEFENDANT applied for and/or received any patent(s) 12 for any ASBESTOS-CONTAINING PRODUCT(S). if so, state for each 13 such ASBESTOS-CONTAINING PRODUCT: 14 a. the product for which each patent was applied and/or 15 issued; 16 b. the date(s) of application; 17 c. the date(s) of issuance of the patent(s), if granted; 18 d. the date(s) of renewal, if any; 19 e. the patent number(s); 20 f. the size and color, which appeared on the packaging or co 21 which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER. 22 ANSWER: 23 Without waiving its general objections, Defendant KELLY24 MOORE responds as follows: 25 Not Applicable. 26 27 /// 28 /// JSE . 10 * Os 19 INTERROGATORY NO. 19: 1 2 Has THIS DEFENDANT registered any trademark(s) for any 3 ASBESTOS-CONTAINING PRODUCT(S); if so, state for each such 4 ASBESTOS-CONTAINING PRODUCT: 5 a. the product for which each trademark was registered? 6 b. whether the registration was State or Federal; 7 (i) if State, name the State? 8 c. the date(s) or registration; 9 d. the term(s) thereof? 10 e. the date(s) of renewal; 11 f. the name of the individual or COMPANY to whom each 12 trademark was registered; 13 g. the IDENTITY of the custodian of such trademark records 14 of THIS DEFENDANT. 15 ANSWER: 16 Without waiving its general objections. Defendant KELLY17 MOORE responds as follows: 18 a. Trademark registered for Kelly-Moore's asbestos19 containing products is under the name Paco. Each of the specific 20 products are listed in Chart attached to Answer to Interrogatory 21 No. 16. 22 b. Federal. 23 c. July 23, 1963. 24 d. Paco Textures Corporation owns U.S. Reg. No. 753,175 25 that was granted on July 23, 1963 for Paco. Paco Textures 26 Corporation, assigns and transfer to Kelly-Moore Paint Company 27 all rights, title and interest in Reg. No. 753,175. 28 /// -5 1.0 20 e. Every 20 years the trademark is renewed; last renewal 1 2 was July 23, 1983. 3 f. KELLY-MOORE PAINT COMPANY, INC. 4 g. John Bacigalupo. 5 6 INTERROGATORY NO. 20: 7 Did THIS DEFENDANT contract with the General Services 8 Administration and/or other federal-government agency for the 9 sale, anywhere in the United States, or RAW ASBESTOS FIBER 10 between 1930 and 1980; if so, state for each such sale: 11 a. the grade(s) and type(s) of RAW ASBESTOS FIBER; 12 b. the quantity; 13 c. the date(s) of delivery; 14 d. the location(s), including the address(es) of delivery; 15 e. the name(s) of the agency with which THIS DEFENDANT 16 contracted; 17 f. the date(s) of execution of such contract(s); 18 g. the IDENTITY of the custodian of such contract records 19 of THIS DEFENDANT. 20 ANSWER: 21 Without waiving its general objections, Defendant KELLY22 MOORE responds as follows: 23 NO. 24 25 INTERROGATORY NO. 21: 26 Did THIS DEFENDANT contract with the General Services 27 Administration and/or other federal-government agency for the 28 sale, anywhere in the United States, of ASBESTOS-CONTAINING IS6 21 1 FRODUCT(S) between 1930 and 1980, please state for each such 2 sale: 3 a. the type of product; 4 b. the quantity; 5 c. the date(s) of delivery; 6 d. the location(s), including the address(es) of delivery ? 7 e. the name(s) of the agency with which THIS DEFENDANT 8 contracted; 9 f. the date(s) of execution of such contract(s); 10 g. the IDENTITY of the custodian of such contract records 11 of THIS DEFENDANT. 12 ANSWER: 13 Without waiving its general objections. Defendant KELLY14 MOORE responds as follows: 15 NO. 16 17 INTERROGATORY NO. 22: 18 Does THIS DEFENDANT have any records of the MARKETing, 19 advertisement, or delivery of its RAW ASBESTOS FIBER and/or 20 ASBESTOS-CONTAINING PRODUCT(S) in or to NORTHERN CALIFORNIA? If 21 so, state: 22 a. the manner in which the records are kept, (e.g., in 23 boxes, files, on microfilm, microfiche or computer tape or disk); 24 b. the location(s) and address(es) where such records are 25 maintained; 26 c. the IDENTITY of the custodian of such records. 27 /// 28 /// j$E. 10 22 i ANSWER: 2 Without waiving its general objections, Defendant KELLY- 3 MOORE responds as follows: 4 a. In boxes and in files in storage room. 5 b. 987 Commercial Street, San Carlos, California. 6 c. Douglas Wayne Merrill. 7 8 INTERROGATORY NO. 23: 9 If THIS DEFENDANT has in its possession any records of the 10 MARKETing, advertisement, or delivery of its RAW ASBESTOS FIBER 11 and/or ASBESTOS-CONTAINING PRODUCTS (including microfilm, 12 microfiche, computer tape or disk, or any other system in which 13 data is taken from other records), state whether THIS DEFENDANT 14 has retained the original DOCUMENTS from which the data entered 15 into these modes of storage was obtained. If THIS DEFENDANT has 16 not retained such original DOCUMENTS, state: 17 a. the date(s) when and location(s) where the original 18 DOCUMENTS were disposed of; 19 b. the IDENTITY of the custodian of the original DOCUMENTS 20 at the time of their disposal. 21 ANSWER: 22 Without waiving its general objections, Defendant KELLY- 23 MOORE responds as follows: 24 Not Applicable. 25 26 /// 27 /// 28 /// -se ID 23 1 INTERROGATORY NO. 24: 2 Does THIS DEFENDANT have in its possession any exemplar(s) 3 of advertisements or brochures describing its RAW ASBESTOS FIBER 4 and/or ASBESTOS-CONTAINING PRODUCTS? if so, please state: 5 a. the location of each exemplar; 6 b. the year(s) in which said exemplar(s) was utilized? 7 c. the IDENTITY of the custodian of such exemplars. 8 ANSWER: 9 Without waiving its general objections. Defendant KELLY10 MOORE responds as follows: 11 a. 1015 Commercial Street, San Carlos, California. 12 b. Unknown? sometime between 1961 and 1977. 13 c. Douglas Wayne Merrill. 14 15 INTERROGATORY NO. 25: 16 State the following: 17 a. the address(es) where the corporate records of THIS 18 DEFENDANT (including minutes from the Board of Directors meetings 19 and corporation annual reports), are currently located? 20 b. the IDENTITY of the custodian of such records. 21 ANSWER: 22 Without waiving its general objections, Defendant KELLY23 MOORE responds as follows: 24 a. 987 Commercial Street, San Carlos, California. 25 b. John Bacigalupo. 26 27 /// 28 /// jse ID llrflN 24 1 INTERROGATORY NO. 26: 2 Describe the packaging or containers in which THIS DEFENDANT 3 sold and/or distributed RAW ASBESTOS FIBER, including 4 composition, dimension, shape and color. 5 ANSWER: 6 Without waiving its general objections. Defendant KELLY7 MOORE responds as follows: 8 Not Applicable. 9 10 INTERROGATORY NO. 27: . 11 Describe any logo, design, marking or printing, including 12 size and color, which appeared on the packaging or containers in 13 which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER. 14 ANSWER: 15 Without waiving its general objections, Defendant KELLY- 16 MOORE responds as follows: 17 Not Applicable. 18 19 INTERROGATORY NO, 28: 20 Describe the packaging or containers in which THIS DEFENDANT 21 sold and/or distributed ASBESTOS-CONTAINING PRODUCT(S), including 22 composition, dimension, shape and color. 23 ANSWER: 24 Without waiving its general objections. Defendant KELLY25 MOORE responds as follows: 26 Please see attached chart. 27 28 /// JS6 10 25 1 INTERROGATORY NO. 29: 2 Describe any logo, design, marking or printing, including 3 size and color, which appeared on the packaging or containers in 4 which THIS DEFENDANT sold and/or distributed ASBESTOS-CONTAINING 5 PRODUCT(S). 6 ANSWER: 7 Without waiving its general objections. Defendant KELLY8 MOORE responds as follows: 9 A picture or sample of most asbestos-containing products has 10 been retained at Kelly-Moore Paint Company, Inc. at 987 11 Commercial Street, San Carlos, California. They are available 12 for review. The markings differed for each product. 13 14 INTERROGATORY NO. 30: 15 Does THIS DEFENDANT have any exemplar(s) of packaging or 16 containers in which its RAW ASBESTOS FIBER and/or ASBESTOS17 CONTAINING PRODUCT(S) were sold and/or distributed; if so, state: 18 a. the location of each exemplar; 19 b. the year(s) in which said exemplar(s) was utilized; 20 c. the IDENTITY of the custodian of such exemplars. 21 ANSWER: 22 Without waiving its general objections. Defendant KELLY23 MOORE responds as follows: 24 a. 987 Commercial Street, San Carlos, California. 25 b. Unknown; sometime between 1961 and 1977; differed for 26 each product. 27 c. Douglas Wayne Merrill. 28 jse. 10 26 1 INTERROGATORY NQ. 31; 2 Did THIS DEFENDANT put warnings of asbestos-related health 3 hazards on bags of RAW ASBESTOS FIBER; if so, please state: 4 a. the wording of such warning(s), including size, 5 location, and color; 6 b. whether the warning was put on a tag attached to the 7 bags; 8 c. the date such warning(s) was first used; 9 d. whether any change was made in the wording of such 10 warnings, the date(s) of such change, and the reasons for such 11 change. 12 ANSWER: 13 Without waiving its general objections, Defendant KELLY- 14 MOORE responds as follows: 15 Not Applicable. 16 17 18 INTERROGATORY NO. 32: 19 Did THIS DEFENDANT put warnings of asbestos-related health 20 hazards on the packaging or containers of ASBESTOS-CONTAINING 21 PRODUCT(S)? If so, please state: 22 a. the working of such warnings, including size, location 23 on the packaging or containers, and color: 24 b. the date such warning(s) was first used; 25 c. whether any change was made in the wording of such 26 warning(s), the date(s) of such change, and the reason(s) for 27 such change. 28 /// JSE. 10 27 1 ANSWER: 2 Without waiving its general objections, Defendant KELLY- 3 MOORE responds as follows: 4 a. Warnings were printed to read: 5 CAUTION - READ BEFORE USING CONTAINS ASBESTOS FIBERS 6 AVOID BREATHING DUST BREATHING ASBESTOS DUST MAY CAUSE BODILY HARM 7 Warning size: 1-1/2" x 3-1/2" or larger. 8 9 b. November 1972. 10 11 INTERROGATORY NO. 33: 12 Has THIS DEFENDANT distributed any brochures or pamphlets 13 that contain warnings of any asbestos-related health hazards? if 14 so, please state: 15 a. the wording of such warning? 16 b. the method used to distribute such brochures or 17 pamphlets ? 18 c. the date(s) such brochures or pamphlets were first 19 issued? 20 d. whether THIS DEFENDANT has exemplar(s) of such brochures 21 or pamphlets; 22 e. the IDENTITY of the custodian of such exemplar(s). 23 ANSWER: 24 Without waiving its general objections, Defendant KELLY25 MOORE responds as follows: 26 Please refer to Interrogatory No. 32. 27 28 /// usf 1.0 28 1 INTERROGATORY NO. 34: 2 Did THIS DEFENDANT warn its employees and/or CONTRACT 3 UNIT(S), anywhere in the United States, that exposure to asbestos 4 could be hazardous to human health. If so, state: 5 a. whether copies of DOCUMENTS containing such warnings 6 exist; 7 b. the IDENTITY of the custodian of such DOCUMENTS. 8 ANSWER: 9 Without waiving its general objections. Defendant KELLY10 MOORE responds as follows: 11 a. Yes. 12 b. Douglas Wayne Merrill, 1015 Commercial Street, San 13 Carlos, California. 14 15 INTERROGATORY NO. 35: 16 State the IDENTITY of medical directors and/or industrial 17 hygienists retained by THIS DEFENDANT in the United States. 18 answer: 19 Without waiving its general objections, Defendant KELLY20 MOORE responds as follows: 21 Not Applicable. 22 23 INTERROGATORY NO. 36: 24 Has any employee of THIS DEFENDANT testified by deposition 25 on behalf of THIS DEFENDANT in a third-party case, brought in the 26 United States, wherein the plaintiff has alleged an asbestos- 27 related injury? If so, for each such third party case, please 28 state: USE 10 29 1 a. the caption and case number; 2 b. the court of filing including state and county; 3 c. the date of the deposition; 4 d. the name and address of plaintiff's counsel of record. 5 ANSWER: 6 Without waiving its general objections. Defendant KELLY- 7 MOORE responds as follows: 8 1. a. Pete A. Fairl v. Western MacArthur Company, et al.. 9 Action No. 296985. 10 b. State of California, County of Sacramento. 11 c. October 8, 1984. 12 d. George W. Kilbourne, Attorney at Law, 3755 Alhambra 13 Avenue, Martinez, California 94553. 14 2. a. In Re: Clapper & Bravton Shipyard & Applicator 15 Asbestos Cases Consolidated for Discovery, Action 16 Nos. Misc. 959 (Sol) & 804416 (SF) ; James H. 17 Williams v. Abex Corp., et al.. Action No. 584329-1 18 (Ala); Southwall Price v. Abex Corp.. et al.. 19 Action No. 584328-2 (Ala); Robert Dixon v. Abex 20 Corp., et al.. Action No. 584327-3 (Ala); Tommy 21 Dixon v. Abex Corp., et al.. Action No. 585105 22 (Alameda); and Katherine & Joseph Maksim v. Johns- 23 Manville, et al.. Action No. 768674 (SF) . 24 b. State of California, Counties of Solano, San 25 Francisco and Alameda. 26 c. November 1, 1984. 27 d. Alan R. Brayton, 999 Grant Avenue, Novato, CA 28 94948. JSE 10 30 i 2 INTERROGATORY NO. 37: 3 Has THIS DEFENDANT been a member of the following: 4 a. Asbestos Textile Institute (ATI); 5 b. Industrial Hygiene Foundation and/or Industrial Health 6 Foundation (IHF); 7 c. Mineral Wool Institute; 8 d. Industrial Mineral Insulation Manufacturers Institute; 9 e. Magnesia Silica Insulation Manufacturers Association; 10 f. National Insulation Manufacturers Association (NIMA); 11 g. Thermal Insulation Manufacturers Association (TIMA); 12 h. Asbestos Information Association (AIA); 13 i. Quebec Asbestos Mining Association (QAMA); 14 j. National Safety Council; 15 k. Asbestos Cement Producers Association; 16 l. Refractories Institute; 17 m. any other organizations or associations of 18 manufacturers, miners, distributors, importers, labellers, 19 suppliers and/or sellers of ASBESTOS-CONTAINING PRODUCTS; 20 (i) please state the name(s) of such organizations or 21 associations. 22 ANSWER: 23 Without waiving its general objections, Defendant KELLY- 24 MOORE responds as follows: 25 a. - m. No. 26 (i) Not Applicable. 27 28 /// JSE to 31 1 INTERROGATORY NO. 38: 2 For each organization, association or other entity 3 identified in your Response to Interrogatory No. 37, please 4 state: 5 a. the dates during which THIS DEFENDANT was a member; 6 b. the name(s) of any publication(s) received by THIS 7 DEFENDANT from such association or organization; 8 c. the name of such committee or subcommittee of which THIS 9 DEFENDANT was a member, and the dates of such committee or 10 subcommittee membership. 11 answer: 12 Without waiving its general objections. Defendant KELLY13 MOORE responds as follows: 14 Not Applicable. 15 16 INTERROGATORY NO. 39: 17 Has THIS DEFENDANT received any DOCUMENT(S) containing 18 results or conclusions of any studies and/or tests conducted by 19 the Saranac Laboratory at the Trudeau Foundation relating to the 20 human health consequences of exposure to asbestos? If so, 21 please: 22 a. IDENTIFY all such DOCUMENT(S); 23 b. state the date upon which THIS DEFENDANT first received 24 such DOCUMENT(S); 25 c. the IDENTITY of the custodian of such DOCUMENT(S). 26 /// 27 /// 28 /// JSfc vo 32 1 ANSWER: 2 Without waiving its general objections. Defendant KELLY3 MOORE responds as follows: 4 NO. 5 6 INTERROGATORY NO. 40: 7 State whether THIS DEFENDANT has ever maintained a library 8 (or libraries) in the United States which contains books, 9 articles, periodicals, journals and/or reference materials that 10 relate to the subjects of asbestos, industrial hygiene, medicine, 11 safety, occupational disease and/or engineering. If so, state: 12 a. the date each such library was established; 13 b. the location of each such library; 14 c. the IDENTITY of each librarian or other person in charge 15 of such library. 16 ANSWER: 17 Without waiving its general objections, Defendant KELLY18 MOORE responds as follows: 19 NO. 20 21 INTERROGATORY NO, 41: 22 Has THIS DEFENDANT exchanged documents containing the 23 results of or communicated with any individual or other COMPANY 24 regarding tests and/or studies of the relationship between the 25 inhalation of asbestos fibers and development of disease(s); if 26 so, please state: 27 a. each individual or COMPANY with whom the information was 28 exhanged or to whom it was communicated; 1-0 . -0-. 33 1 b. the date(s) of any such exchanges or communications; 2 c. the IDENTITY of the custodian of such documents. 3 ANSWER: 4 Without waiving its general objections. Defendant KELLY5 MOORE responds as follows: 6 Unknown. 7 8 INTERROGATORY NO. 42: 9 Has any employee of THIS DEFENDANT testified before the 10 Occupational Safety and Health Administration, the National 11 Institute of Occupational Safety and Health, or any committee or 12 subcommittee of the United States Congress on the inhalation of 13 asbestos dust and the development of disease? if so, please 14 state: 15 a. the entity before whom such testimony was given; 16 b. the date(s) and location(s) of such testimony? 17 c. the IDENTITY of the individual(s) who so testified; 18 d. whether any DOCUMENTS were presented to the entity 19 before which testimony was given? 20 e. whether copies of DOCUMENTS presented were retained by 21 THIS DEFENDANT; 22 (i) if so, state the IDENTITY of the custodian of the 23 DOCUMENT(S). 24 ANSWER: 25 Without waiving its general objections, Defendant KELLY26 MOORE responds as follows: 27 NO. 28 j$t 10 34 1 INTERROGATORY NO. 43: 2 At any of the physical facilities identified in .the response 3 to Interrogatory No. 15, has THIS DEFENDANT conducted, or caused 4 to be conducted, tests and/or studies of ambient asbestos dust 5 created during the manufacture, processing and/or assembling of 6 ASBESTOS-CONTAINING PRODUCT(S); if so, please state: 7 a. each manufacturing facility, including location and 3 address; at which any such test and/or study was conducted? 9 b. the date of each such test and/or study? 10 c. the individual(s) or entity conducting each such test 11 and/or study? 12 d. whether THIS DEFENDANT has any documents containing the 13 results and/or conclusions of each such study; 14 e. the IDENTITY of the custodian of the documents. 15 ANSWER: 16 Without waiving its general objections. Defendant KELLY17 MOORE responds as follows: 18 a. 987 Commercial Street, San Carlos, California and 19 possibly other locations that are unknown at this time. 20 b. Unknown. 21 c. Engineers. 22 d. The location of any documents, that may or may not be in 23 existence, are unknown. 24 e. Douglas Wayne Merrill. 25 26 INTERROGATORY NO. 44: 27 Has THIS DEFENDANT conducted, or caused to be conducted, any 28 tests and/or studies on ambient asbestos dust levels at any JSS ID '0* 35 1 location or job site where its ASBESTOS-CONTAINING PRODUCTS were 2 utilized in the United States; if so, please state: 3 a. the location, including name and address, at which each 4 such test and/or study was conducted? 5 b. the individual(s) or entity conducting each such test 6 and/or study; 7 c. the date of each such test and/or study? 8 d. whether THIS DEFENDANT has any DOCUMENTS containing the 9 results and/or conclusions of each such test and/or study; 10 e. the IDENTITY of the custodian of these DOCUMENTS. 11 ANSWER: 12 Without waiving its general objections, Defendant KELLY13 MOORE responds as follows: 14 No, other than answer listed above to Interrogatory No. 43. 15 16 INTERROGATORY NO. 45: . 17 Did THIS DEFENDANT have any laboratory or other facility 18 anywhere in the United States at which it conducted, or caused to 19 be conducted, any tests and/or studies of its ASBESTOS-CONTAINING 20 PRODUCTS to measure the amount of asbestos dust generated by any 21 use for which such products were designed? if so, please state: 22 a. the location, including name and address, at which each 23 such test and/or study was conducted? 24 b. the individual(s) or entity conducting each such test 25 and/or study; 26 c. the date of each such test and/or study; 27 d. whether THIS DEFENDANT has any DOCUMENTS containing the 28 results and/or conclusions of each such test and/or study; USf lC 36 1 e. the IDENTITY of the custodian of such DOCUMENTS. 2 ANSWER: 3 Without waiving its general objections. Defendant KELLY4 MOORE responds as follows: 5 NO. 6 7 INTERROGATORY NO. 46: 8 Has THIS DEFENDANT made available to its employees engaged 9 in the MARKETing of its RAW ASBESTOS FIBER and/or its ASBESTOS10 CONTAINING PRODUCT(S), a medical examination program; if so, 11 please state: 12 a. whether chest x-rays or pulmonary function tests were 13 part of such program(s); 14 b. whether participation in any such program was a 15 mandatory condition of employment or was voluntary; 16 (i) if mandatory as a condition of employment, how 17 frequently each employee was required to undergo such 18 examination; 19 c. whether THIS DEFENDANT has DOCUMENTS of such program; 20 d. the IDENTITY of the custodian of such DOCUMENTS. 21 ANSWER: 22 a. Yes. 23 b. Mandatory from 1972-1978; voluntary from then on. 24 (i) Unknown. 25 c. Unknown. 26 d. If such documents exist, Douglas Merrill. 27 28 /// uSf 37 1 INTERROGATORY NO. 47: 2 Has THIS DEFENDANT notified in writing any individuals or 3 COMPANIES to whom it MARKETed RAW ASBESTOS FIBER and/or ASBESTOS- 4 CONTAINING PRODUCT(S) , anywhere in the United States, of the 5 potential relationship between exposure to asbestos and disease; 6 if so, please state: 7 a. the date(s) THIS DEFENDANT provided this information; 8 b. the means used for transmittal of such information; 9 c. whether THIS DEFENDANT has any copies of any DOCUMENTS 10 transmitting such information; 11 d. the IDENTITY of the custodian of such documents. 12 ANSWER: 13 Without waiving its general objections. Defendant KELLY- 14 MOORE responds as follows: 15 No, other than what is referred to in Answer to 16 Interrogatory No. 32. 17 18 INTERROGATORY NO. 48: 19 Has THIS DEFENDANT required any individual(s) who MARKETed 20 its ASBESTOS-CONTAINING PRODUCT(S) to wear respirators or face 21 masks; if so, please state: 22 a. the job title(s), if known, of individual(s) required to 23 wear respirators or face masks; 24 b. the date(s) on which THIS DEFENDANT first required the 25 wearing of respirators or face masks; 26 c. the means by which the requirement to wear respirators 27 or face masks was communicated; 28 /// JSi 10 38 1 d. whether THIS DEFENDANT has any copies of DOCUMENTS 2 communicating such requirements; 3 e. the IDENTITY of the custodian of such DOCUMENTS. 4 ANSWER: 5 Without waiving its general objections, Defendant KELLY6 MOORE responds as follows: 7 a. Plant workers. 8 b. Unknown. 9 c. Orally. 10 d. No. 11 e. Not Applicable. 12 13 INTERROGATORY NO. 49: 14 Does or did THIS DEFENDANT utilize or employ any CONTRACT 15 UNIT. If so, please state: 16 a. the inclusive periods of time the CONTRACT UNIT(S) was 17 utilized or employed; 18 b. the business address and name of the CONTRACT UNIT(S); 19 c. whether THIS DEFENDANT has any DOCUMENTS showing the 20 location(s) of the job site(s) where the CONTRACT UNIT(S) worked, 21 and if so, state the IDENTITY of the custodian of such DOCUMENTS. 22 ANSWER: 23 Without waiving its general objections, Defendant KELLY24 MOORE responds as follows: 25 NO. 26 27 /// 28 /// i_0 39 i - '->N 1 INTERROGATORY NO, 50: 2 Has THIS DEFENDANT received any written communication or 3 other DOCUMENT, other than a claim for workers' compensation, 4 that any person was claiming injury as a result of exposure to 5 its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S); if 6 so, please IDENTITY the first such written communication or 7 DOCUMENT. 8 ANSWER: 9 Without waiving its general objections. Defendant KELLY10 MOORE responds as follows: 11 Yes, first notice was received on or about July 30, 1977 12 when Kelly-Moore Paint Company, Inc. was served with its first 13 lawsuit. 14 15 INTERROGATORY NO. 51: 16 Has any person filed a claim for asbestos-related injury 17 regarding THIS DEFENDANT against any workers' compensation 18 insurance carrier which provided coverage for THIS DEFENDANT; if 19 so, please state: 20 a. the date of such claim; 21 b. the name of claimant; 22 c. the caption; 23 d. the case name; 24 e. the court in which the claim was filed; 25 f. the IDENTITY of the custodian of such documents. 26 /// 27 /// 28 /// USfc ID 40 1 ANSWER: 2 Without waiving its general objections, Defendant KELLY3 MOORE responds as follows: 4 Not that KELLY-MOORE is aware of. 5 6 INTERROGATORY NO. 52: 7 Has any person filed a workers' compensation claim for 8 asbestos-related injury against THIS DEFENDANT; if so, please 9 state: 10 a. the date of such claim; 11 b. the name of claimant; 12 c. the caption; 13 d. the case number; 14 e. the court in which the claim was filed; 15 f. the IDENTITY of the custodian of such documents. 16 ANSWER: 17 Without waiving its general objections, Defendant KELLY18 MOORE responds as follows: 19 At this point in time, Defendant KELLY-MOORE is aware of the 20 following: 21 WALTER R. LAWRENCE: 22 a. March 31, 1983. 23 b. Walter R. Lawrence. 24 c. Walter R. Lawrence v. PACO, et al. 25 d. OAK 92646. 26 e. WCAB, Oakland. 27 f. Douglas Merrill. 28 /// JSE ID !'. 41 1 ISAAC BUSH; 2 a. March 9, 1987. 3 b. Isaac "Ike" Bush. 4 c. Isaac Bush v. Lyles Diversified, Inc. , et al. 5 d. (WCAB) OAK 150427. 6 e. WCAB, Oakland. 7 f. Law Offices of Jack K. Clapper, 100 Shoreline 8 Building B, Suite 300, Mill Valley, CA 94941. 9 Safire & Lewis, Esqs., 433 Turk Street, San Francisco, 10 CA 94102. 11 12 INTERROGATORY NO. 53: 13 Does THIS DEFENDANT have insurance available to cover 14 judgment(s) entered against it in asbestos-related personal 15 injury lawsuits; if so, please state: 16 a. the name and principal place of business of any 17 insurance carrier who has issued such policy of insurance; 18 b. the number and effective date of each policy; 19 c. the amount(s) of coverage of each policy; 20 d. the applicable dates of coverage; 21 e. any reservation of rights contained in each such policy; 22 f. the amount of coverage presently exhausted under each 23 such policy; 24 g. the amount of coverage presently available under each 25 such policy; 26 h. whether limits contained in each such policy include 27 costs of defense. 28 /// JSE lO 42 1 ANSWER: 2 Without waiving its general objections, Defendant KELLY3 MOORE responds as follows: 4 Please see attached list. 5 6 INTERROGATORY NO. 54: 7 Has THIS DEFENDANT owned or operated any petroleum refining 8 facilities; if so, please state: 9 a. whether any ASBESTOS-CONTAINING PRODUCT(S) WERE MARKETed 10 on the premises of such refining facilities? 11 b. the location, including the name and address of all such 12 refining facilities? 13 c. the dates of operation of such refining facilities; U d. the types of ASBESTOS-CONTAINING PRODUCT(S) MARKETed on 15 such premises ? 16 e. the names of the manufacturers of any ASBESTOS17 CONTAINING PRODUCTS MARKETed on such premises; 18 f. whether THIS DEFENDANT has documents identifying such 19 MARKETing; 20 g. the IDENTITY of the custodian of such documents. 21 ANSWER: 22 Without waiving its general objections. Defendant KELLY23 MOORE responds as follows: 24 NO. 25 26 INTERROGATORY NO. 55: 27 Has THIS DEFENDANT held a controlling ownership interest in 28 any COMPANY which owned or operated petroleum refining uSt 10 'O'. 43 * W *T a*qo*oo - 96t *T Ajnuc j o JUmuumtf OKI *AHV<MQ3 AKIYtl HMOOIVATW* * C ^ 0*00 TS . O' St <- s* * **<5 5 ** S *4 O' * :; *5 * sr -s N-- - -* -- -- *-- rt > - ?C 1 -- -- 3 % r is&J ?Sff3 *-Si s's5-rf XS- M ** * * r 5> 2 5*> ay =r ** --* < 3 2C X a ac * Xc ? X 2 r- 3 <* F 1 n-- o> I 3 ?r *- * 3 2 A 9 --I * 1 3 V5* -- a Sr 9 *v m * 3 9 S 2S riii X x9 3 33 M 9 2 X 9 CE 1 * Iw o*- a c & 9B c a <r n > # e a 9 .3*0( *3 '* 2 O ^9'" oc99<9cc*o20 IoD a3 S3 3 er | 9 5 50 1 jr X 1 facilities: if so, for the period(s) of time during which THIS 2 DEFENDANT held such interest, please state: 3 a. whether any ASBESTOS-CONTAINING PRODUCTS were MARKETed 4 on the premises of such refining facilities; 5 b. the location, including the name and address of all such 6 refining facilities; 7 c. the dates of operation of such refining facilities; 8 d. the types of ASBESTOS-CONTAINING PRODUCTS MARKETed on 9 such premises; 10 e. the names of the manufacturers of any ASBESTOS11 CONTAINING PRODUCTS MARKETed on such premises; 12 f. whether THIS DEFENDANT has DOCUMENTS identifying such 13 MARKETing; 14 g. the IDENTITY of the custodian of such DOCUMENTS. 15 answer: 16 Without waiving its general objections, Defendant KELLY17 MOORE responds as follows: 18 NO. 19 20 INTERROGATORY NO. 57: 21 Has THIS DEFENDANT contracted with any COMPANY for the 22 MARKETing of ASBESTOS-CONTAINING PRODUCT(S) on any premises owned 23 or leased by THIS DEFENDANT; if so, please state: 24 a. the location, including name and address of such 25 premises; 26 b. the name and address of each such COMPANY; 27 c. the types of ASBESTOS-CONTAINING PRODUCTS; 28 /// USE 10 .'O'* 44 1 d. the name of the manufacturers of such ASBESTOS2 CONTAINING PRODUCTS? 3 e. whether THIS DEFENDANT has DOCUMENTS of such MARKETing; 4 f. the IDENTITY of the custodian of such DOCUMENTS. 5 ANSWER: 6 Without waiving its general objections, Defendant KELLY7 MOORE responds as follows: 8 Not that Defendant KELLY-MOORE is aware of. 9 10 BURNHILL, MOREHOUSE, BURFORD SCHOFIELD & SCHILLER, INC. 11 12 -r^rG BY: 13 KATHLEEN S. FARLEY Attorneys for Defendant 14 KELLY-MOORE PAINT COMPANY, INC 15 16 17 18 19 20 21 22 23 24 25 26 27 28 use lO 45 1 VERIFICATION 2 3 I hereby declare under penalty of perjury that I am the 4 Secretary-Treasurer Gf KELLY-MOORE PAINT COMPANY, INC., a 5 corporation, a party in the In Re Solano County Complex Asbestos 6 Litigation case, and am authorized to make this Verification for 7 and on behalf of said corporation; that I have read Defendant 8 Kelly-Moore's Answers to Plaintiffs* Standard Set of 9 Interrogatories (Set No. One), and know the contents thereof, and 10 the same is true of my own knowledge, except as to matters which 11 are therein stated upon my information and belief, and as to 12 those matters I believe them to be*true. 13 Executed at San Carlos, California, this 6 th day Qf August, 1990. 14 15 16 &______________ 17 18 19 20 21 22 23 24 25 26 27 28 i;Sl if 1 VERIFICATION 2 3 I hereby declare under penalty of perjury that I am the Vice President - 4 Manufacturing Operations Qf KELLY-MOORE PAINT COMPANY, INC., a 5 corporation, a party in the In Re Solano Countv Complex Asbestos 6 Litigation case, and am authorized to make this Verification for 7 and on behalf of said corporation; that I have read Defendant 8 Kelly-Moore*s Answers to Plaintiffs' Standard Set of 9 Interrogatories (Set No, One), and know the contents thereof, and 10 the same is true of my own knowledge, except as to matters which 11 are therein stated upon my information and belief, and as to 12 those matters I believe them to be*true. 13 Executed at San Carlos, California, this August 14 1990 ___________ day of 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE BY MAIL 2 I declare that: 3 4 I am employed in the County of Contra Costa, I am over the 5 age of eighteen years and not a party to the within cause; my 6 business address is 1220 Oakland Boulevard, Suite 200, Walnut 7 Creek, California 94596. On Auer. 1 0. 1990. I served the within 8 9 DEFENDANT KELLY-MOORE'S ANSWERS TO PLAINTIFFS' STANDARD SET OF INTERROGATORIES 10 11 12 in said action by placing a true copy of it enclosed in a sealed 13 envelope with postage thereon fully prepaid, in the United States 14 Mail at Walnut Creek, California, addressed as follows: 15 16 See attached Plaintiff Counsel and Defense Counsel lists for 17 18 IN RE SOLANO COUNTY COMPLEX ASBESTOS LITIGATION, SOSC No. 2830 19 20 21 I declare under penalty of perjury that the foregoing is 22 true and correct. Executed on Aua. ^-Q, 1990. at Walnut Creek, CA 23 94596. 24 25 Y~ Irene Caroenter 26 27 28 USf 10 IN RE COMPLEX ASBESTOS LITIGATION SOLANO COUNTY PLAINTIFF COUNSEL PROOF OF SERVICE BRUCE L. AHNFELDT, ESQ., 700 Franklin Street, Napa, CA 94559 BRAYTON & ASSOCIATES, 999 Grant Avenue, P.0. Box 2109, Novato, CA 94948 BROWN & FINNEY, 2033 N. Main Street, Ste 430, Walnut Creek, CA 94596 CARLSON & HUSICK, 7080 Donlon Way, Suite 222, Dublin, CA 94568 CARNES & DIBBLE, 3 Embarcadero Center, Suite 670, San Francisco, CA 94111 CARTWRIGHT, SLOBODIN, et al., 101 California Street, Suite 2600, San Francisco, CA 94111 CASEY, GERRY, CASEY, et al., 110 Laurel Street, San Diego, CA 92101 CASEY, GERRY, CASEY, et al., 781 Tuolumne, Vallejo, CA 94590 LAW OFFICES OF JACK K. CLAPPER, 100 Shoreline Highway, Building B, Suite 300, Mill Valley, CA 94941 DAVIS & LEWIS, 2121 Avenue of the Stars, Suite 3100, Los Angeles, CA 90067 CHRISTOPHER E. GRELL, ESQ., The Monadnock Building, 685 Market Street, Suite 340, San Francisco, CA 94105 HALLEY, CORNELL & LYNCH, 525 Market Street, Suite 3700, San Francisco, CA 94105 JEFFREY B. HARRISON, ESQ., One Daniel Burnham Court, Suite 220C, San Francisco, CA 94109 HERRON & HERRON, 600 Montgomery Street, 33rd Floor, San Francisco, CA 94111 HOBERG, FINGER, et al., 703 Market Street, 18th Floor, San Francisco, CA 94103 JARVIS, MILLER, et al., 221 Main Street, Suite 1001, San Francisco, CA 94105 KAZAN, McCLAIN, et al., 171 Twelfth Street, Suite 300, Oakland, CA 94612 GEORGE W. KILBOURNE, ESQ., 3755 Alhambra Avenue, Suite 9, Martinez, CA 94553 LAW OFFICES OF KENNETH L. KNAPP, 1109 Quail Street, Newport Beach, CA 92660 MCCARTHY, JOHNSON & MILLER, 595 Market Street, Suite 2200, San Francisco, CA 94105 RAMSEY & PRICE, 727 W. Seventh Street, Suite 624, Los Angeles, CA 90017 REILLY, BALMAN & MANDEL, 1390 Market Street, Suite 6, San Francisco, CA 94102 JOHN C. ROBINSON, ESQ., 940 Adams Street, Suite B, Benicia, CA 94510 ROSENTHAL & LEFF, 100 Bush Street, Suite 850, San Francisco, CA 94104 SAYRE, MORENO, et al., 10866 Wilshire Blvd., 4th Floor, Los Angeles, CA 90024 STEVEN STEIN, ESQ., 150 Spear Street, Suite 1800, San Francisco, CA 94105 STERNS & WALKER, 280 Utah Street, San Francisco, CA 94103 GERALD J. TIERNAN, ESQ., 165 Fell Street, San Francisco, CA 94102 SOLP(7/16/90) IN RE COMPLEX ASBESTOS LITIGATION - SOLANO COUNTY DEFENSE COUNSEL PROOF OF SERVICE ANDERSON, GALLOWAY, et al., 1676 N. California, Suite 500, Walnut Creek, CA 94596 ARCHER, McCOMAS, et al., 2033 N. Main Street, Suite 800, P.O. Box 8035, Walnut Creek, CA 94596 BARFIELD, DRYDEN, et al.. One California Street, Suite 3125, San Francisco, CA 94111 BENNETT, SAMUELSEN, et al., 1951 Webster Street, Suite 200, Oakland, CA 94612 . BERRY & BERRY, 505 - 14th Street, 12th Floor, Oakland, CA 94612 BJORK, FLEER, et al., 483 - 9th Street, Oakland, CA 94612 BOGLE GATES, 1400 KOIN Center, 222 S.W. Columbia, Portland, OR 97201 BRANSON, FITZGERALD, et al., 643 Blair Island Road, Suite 400, P.O. Box 2189, Redwood City, CA 94064 brobeck, PHLEGER, et al., Spear Street Tower, One Market Plaza, San Francisco, CA 94105 BRONSON, BRONSON, et al., 100 "B" Street, Suite 400, Santa Rosa, CA 95401 CLAPP, MORONEY, et al., 4400 Bohannon Drive, Suite 100, Menlo Park, CA 94025 CROSBY, HEAFEY, et al., 1999 Harrison Street, Oakland, CA 94612 ERICKSEN, ARBUTHNOT, et al., 1304 Willow Street, Martinez, CA 94553 FINAN, WHITE & PAETZOLD, 150 Spear Street, Suite 1725, San Francisco, CA 94105 GILLES NICORA, 1900 Embarcadero, Suite 300, Oakland, CA 94606 GLASPY GLASPY, 201 N. Civic Drive, Suite 245, Walnut Creek, CA 94596 _ GORDON REES, 275 Battery Street, 20th Floor, San Francisco, CA 94111 HARDIN, COOK, et al., 1999 Harrison Street, 18th Floor, Oakland, CA 94612 HARRINGTON, FOXX, et al., 611 W. Sixth Street, 30th Floor, Los Angeles, CA 90017 HASSARD, BONNINGTON, et al., 5 Fremont Center, 50 Fremont Street, Suite 3400, San Francisco, CA 94105 RICHARD HILDEBRANDT, ESQ., 757 West 9th Street, San Pedro, CA 90731 NANCY E. HUDGINS, ESQ., 605 Market Street, Suite 700, San Francisco, CA 94105 JACKSON, WALLACE HAYDEN, 33 New Montgomery Street, 18th Floor, San Francisco, CA 94105 KINCAID, GIANUNZIO, et al., 200 Webster Street, Suite 200, P.O. Box 1828, Oakland, CA 94604 KNOX, RICKSEN, et al., 1999 Harrison Street, Suite 1700, Oakland, CA 94612-3500 LAW OFFICES OF JOHN LADD, 1683 Folsom Street, San Francisco, CA 94102 LANDELS, RIPLEY DIAMOND, Hills Plaza, 350 Steuart Street, San Francisco, CA 94105-1250 LATHAM WATKINS, 633 West Fifth Street, Suite 4000, Los Angeles, CA 90071 MCDONALD, PERUSSINA, et al., 635 Sacramento Street, Suite 720, San Francisco, CA 94111 SOLD(7/16/90) - 1 McGLYNN, McLORG, et al., Bayside Plaza, 188 Emfcarcadero, Suite 200, San Francisco, CA 94105 McNAMARA, HOUSTON, et al., 1211 Newell Avenue, Suite 202, P.O. Box 5288, Walnut Creek, CA 945S6 MORGENSTEIN & JUBELIRER, 101 Market Street, 6th Floor, San Francisco, CA 94105 ' PARICHAN, RENBERG, et al., 2350 West Shaw, Suite 154, Fresno, CA 93794 POPELKA, ALLARD, et al., 160 West Santa Clara Street, Suite 1300, San Jose, CA 95113 ROPERS, MAJESKI, et al., 1001 Marshall Street, Redwood City, CA 94063 SHIELD & SMITH, 580 California Street, Suite 1400, San Francisco, CA 94104 ST. CLAIR, ZAPPETINI, MCFETRIDGE & GRIFFIN, One Montgomery Street, Suite 1400, San Francisco, CA 94104 STUMBOS & MASON, 800 - 9th Street, Suite 200, P.O. Box 868, Sacramento, CA 94804 SULLIVAN, ROCHE, et al., 333 Bush Street, 18th Floor, San Francisco, CA 94104 TARKINGTON, O'CONNOR, et al., One Market Plaza, Spear Street Tower, Suite 4100, San Francisco, CA 94105 THELEN, MARRIN, et al., One Kaiser Plaza, Suite 1950, Oakland, CA 94612 THOMPSON & HELLER, 3600 American River Drive, Suite 150, Sacramento, CA 95864 WALSWORTH, FRANKLIN, et al., Ill Sutter Street, 19th Floor, San Francisco, CA 94104 WRIGHT, ROBINSON, et al., 44 Montgomery Street, 18th Floor, San Francisco, CA 94104 SOLD(7/16/90) - 2