Document oeZwpNNq60kmK0Mbqqa5VYxR3

.O . , Q. IN ItlE UNITED STATES DISTRICT COURT . FOR THE HIDOLE DISTRICT OF NORTHCAROLINA IN RE: ASBESTOS-RELATED LITIGATION ) MDCP-82-1 ANSWERS OF DEFENDANTS.JOHNS-KANVILLE CORPORATION, JOH'iS-HASVILLE SALES CORPORATION AND JOHN3-NANVILLE ABIANTE CANADA TO PLAINTIFFS* STANDARD INTERROGATORIES ' . I2_iI:L_A122EIiI2_2E_lliiS2Bi In accordance with the Federal Rules of Civil Procedure, Johns-Kanville Corporation, Johns-Manville Sales Corporation and Johns-fanville Aniante Canada Inc. hereby answer Plaintiffs* . Standard Interrogatories served on Defendants'* counsel. Defendants reserve the right to amend or supplement their answers if they find that inadvertent omissions or errors have been made or if additional or more accurate information becomes available that is required to be provided by sail rules. Defendants object to the definitions on these Interrogatories as set forth by Plaintiffs. Such definitions directly contradict the normal or common unierstanding of the defined words such that when employed in tne specific Interrogatories, the questions are confusing, distorted, misleading, and overly broad. Defendants will, however, answer these Interrogatories to the best of their knowledge of the facts in the case at bar. This document is signed by R. B. Von Wald, Corporate Counsel of Johns-ianviile Corporation and Vice President and Corporate Counsel of Jonns-'!anyille Sales Corporation, Ken-Carvl Ranch, Denver, Colorado, (303) 978-2000, solely to satisfy the rules of procedure, as no single officer or agent of Defendant has the exclusive knowledge or information required to supply the necessary answers. Answers were prepared from a number of sources'; i.e., files and records of Defendant's vacious divisions and departments and interviews with various employees. The above signing officer has been informed that those files, documents and -1- PLAINTIFFS EXHIBIT nxioi.oo WV-21186 interviews support responses herein based u^^i a diligent search of available information conducted as of the date of signature. To the extent that these Interrogatories seek information concerning products other than asbestos-containing thermal insulation products which could have been used by shipyard workers and/or insulators# Defendants object on the grounds that the same is immaterial and irrelevant to the subject matter of this action. Plaintiffs in the instant case allege exposure while employed as manufacturing employees# insulators or shipyard workers. Defendants will, therefore, limit their answers only to information concerning raw asbestos fiber and/or asbestos- containing thermal insulation products suitable for use in shipyard and/or insulation applications. 1. Identify.the registered name of the answering'defendant as well as all prior or predecessor entities by which the defendant has existed. a) . For each give the current address ani the state of incorporation and whether or not it is an active corporation. ANSWERJohns-Hanvilla Corporation - Hew York; December 28, 1926. Johns-Hanville Sales Corporation - Delaware; December 12, 1929. Ken-Caryl Ranch, Denver., Colorado 80217. Johns-Manville Amiante Canada - Canada; December 2, 1954; formerly Canadian Johns-Hanville Asbestos Limited); name changed to Johns-Kanviile Amiante Canada on October 29, 1980; P.0. Box. 1500, Asbestos, P.Q., Canada. All of the above-named Defendants are currently active corporations. 2. Set forth the fiill and correct name, the principal Place of business and state ani date of incorporation of the answering defendant.. iESHSSi See Answer to Interrogatory Ho. 1. 3. Identify all divisions, subsidiaries or affiliated 4 companies to the answering defendant. -2 mSKMi.' Defeni^X objects to this InterroQtocir on the grounds that the same is overly broad in scope in that the same is in no way limited to asbastos-related "divisions, subsidiaries," etc. nor is the Interrogatory limited to entities which conducted business in the United States# but, as phrased, encompasses world-wide operations# which would have no bearing on the issues in the instant case. Notwithstanding said objection and' in an effort to be responsive. Defendants state the followings Johns-Hanville Products Corporation, a.wholly-owned subsidiary of Johns-Hanville Corporation, manufactured, among other things, asbestos-containing thermal insulation products from the date of its inception in 1927 until 1972-73 when the manufacture of such products was discontinued, except for a few accessory items containing "locKed-in" asbestos. Johns-Hanville Sales Corporation, also a wholly-owned subsidiary of JohnsManville Corporation, sold products manufactured' by Johns-Hanville Products Corporation to distributors throughout the United States. Johns-Hanville Products Corporation merged with JohnsHanville Sales Corporation oh December 31, 1975. As to mining and milling of raw asbestos fiber in the United States, Johns-Hanville Sales Corporation owned 80% of the Coalinga Hine in Coalinga, California from 1962-1974. Johns-Hanville Amiante Canada sells raw' asbestos fiber which is mined by a sister corporation in .Canada. . 4. For each entity or division listed in response to #3, state whether or not it aver has or presently engages in any phase of mining, manufacturing, sale, supply, distribution, or design or asbestos or asbestos-containing products. fLNSWEgi. See Answer to Interrogatory No. 3. 5. With respect to each division, subsidiary or company listed in #4, identify the nature and extent of its function during the period of tiaa it was in existence. LESSEE! See Answer to Interrogatory No. 3. -3- 6. Has this s^sjering defendant been sue<^_jindar its correct name? If not, please state the correct legal name of the v-.. *5- ' defendant and provide tha information requested in Interrogatory #1 above concerning the defendant as correctly named. A MgHER: Yes. 7. Please state whether or not you have ever held a certificate of authority to do business in this state and the address for your registered agent for service in this state. OSHESi Yes, as to Johns-Manville Sales Corporation. CT Corporation System Wachovia Building Durham, KC 27702 So, as to Johns-Manville Corporation and Johns-Manville Amiante Canada Inc. 8. Have you ever mined asbestos? ANSWERt Yes, as to Johns-Manville Sales Corporation. 9. If. the answer to the previous'Interrogatory is "yies," please state the dates in which you were involved in the mining of asbestos, and the locations of your mines. ANSWER! See Answer- to Interrogatory Bo. 3. 10. Have you. ever sold raw asbestos fiber to any of- the co^defendants? If so, in what years andin what quantities did you make such sales? IULSWERs. Defendants are unable to answer this Interrogatory without Plaintiffs first furnishing applicable names'and addresses for such companies. Absent such a reference to a location. Plaintiffs are requesting information for any sales to the co-defendants anywhere in the United States, which 'places ah unconscionable burden' on these Defendants.' In addition. Plaintiffs* furnishing of addresses will facilitate access to the applicable records. 11. As to any product containing asbestos in any form or quantity, has this defendant ever: a) designed such a product; b) manufactured such a product; c) processed such a product; d) sold Qch a product ; Q e) distributed such a product; f) relabeled such a product manufactured or designed by another; g) held a patent for such a product* AJIgBERx As to asbestos-containing thermal insulation products that could be used by shipyard workers and/or insulators* yes, as to Johns-Hanvillg Sales Corporation and its predecessor Johns-ffanville Products Corporation, with the exception of subpart (f). . .. .. ; 12. If the answer to the previous Interrogatory or any subpart thereof was in the affirmative, please state the following information about each products a) the manufacturer of the product; b) the designer of the product; c) the supplier of the raw asbestos fiber used in the product; d) the dates of its manufacture or sale by the answering defendant; e) the percentage of asbestos content of the product; f) the type of asbestos used in the manufacture of the product; iHSHIlEi (a-b) Johns-Sanville Products Corporation. ' (c) The majority of raw asbestos fiber used in the manufacture of said products was mined by Defendants' Canadian sister and/or subsidiary corporation. (d) See Exhibit A attached hereto for a list of said products and their dates of manufacture. (e-f) See Exhibits B and C attached hereto for the percentage by weight of asbestos fiber and the type of asbestos fiber contained in each of the products set forth oh Exhibit A. 13. In what year did the answering defendant first begin selling' or distributing asbestos-containing products? Please be specific for each asbestos-containing product manufactured, sold or distributed by you. fi.ESB.fiBi See Ex'wbit A attached hereto forQ_Aa dates of manufacture of Defendants* asbestos-containing thermal insulation products suitable for use by shipyard workers and/or. insulators. 14. In what year did the answering defendant last sell, distribute or manufacture an asbestos-containing product? Please be specific for each asbestos-containing product. , ANSWEB: See Answer to Interrogatory No. 13. 15. For each asbestos-containing product manufactured and/or distributed by you, state: a) the brand name of the product and the inclusive years of its manufacture and/or distribution.; b) the asbestos content by weight of each product for each year; c) the type of asbestos fiber.used in each product; d) the application for which such product was advertised or sold; .. e) the temperature ranges for the products used; f) whether-the product was a cement, a pipe covering, a cloth or other type of thermal insulation product; fiESEEEi (a) See Answer to Interrogatory No. 13. Trade names are in capital letters. (b-c) See Answer to.Interrogatory No. 12(a-f). (d) Generally, the intended use for each product was for insulation applications for protection against heat, cold and noise. Specific uses are and have been within the sole discretion of the purchaser. '. (e) Defendants object to this subpart on the grounds that the same is overly broad and purports to seek disclosure of information neither relevant nor material to the subject matter of this action. (f) See Exhibit A attached hereto for the classification of each product. 16. Describe each product as to it? color and physical characteristics and appearances. SLUSilJiRi See E3^0bl-t D attached hereto fOrQ description of each of the products set forth on Exhibit A. Defendants object to that portion of this Interrogatory seeking the "color" of each product as being overly broad, unduly burdensome and is therefore not reasonably calculated to lead to the discovery of admissible evidence. 17. As to each product, state how such product was packaged or supplied. &NWEgi Such products were sold in boxes and/or cartons and/or packages and/or skids and/or bales and/or multi-walied Kraft paper bags. 18. Does the answering defendant claim that any patent would coyer any product listed in response to the interrogatories above? If so, give the number of each patent, the date same was issued and the number of each patent application that is Pending. AJLSRIRi Insofar as can be ascertained from existing identifiable records of the Patent Department of-Johns-Kanville, the list of United States Patents below identifies those patents which Johns-Manville believes are Or may be of relevance to certain of the Johns-Hahville asbestos-containing products designated in the Interrogatory. Because these records do not permit the unequivocal identification of specific-patents with individual grades or versions of different types of products, the patents are listed by product groups rather than by individual products. ". E2iUt_Grou2 HARINITE products HARINITE products HARINITE products HARIMITE products HARINITE products HIN-K products HIN-K products HIN-K products HIN-K products HIN-K products HIN-K products' HIN-K products HIN-K products ASBESrOCEl Patent So. 2,326,516 2,326,517 2,873,480 3,778,954 3,882,598 2,808,338 2,811,457 3,055,831 3,152,034 3,176,354 3,285,808 3,366,001 3,950,259 3,232,865 Issue Dafe. 1943 1943 1959. 1973 1975 1957 1957 1962 1964 1965 1966 1968 1976 1966 HETAL-ON products MEfAL-ON products HETAL-ON products HETAL-ON products O 3,056,860 3,193,894 3,222,777 3,269,164 O 1962 1965 1965 1966 . THERHO-MAT products 3,240,658 1966 HICROBESTOS products 3,365,358 ' 1968 THERMOBESTOS products THERMOBESTOS products THERHOBESTOS products THERMOBESTOS products 2,699,097 3; 352,746 3,449,141 3,661,607 1955 1967 1969 1972 SUPBRBX products 3,394,"913 1968 Asbestos felt and paper products Asbestos felt and paper products Asbestos felt and paper products Asbestos felt and paper products Asbestos felt and paper products Asbestos felt and paper products 3,037,895 3,212,960 * 3,269,889 3,383,230 3,519,475 3,729,917 1962 1965 1966 1968 1970 1973 Asbestos millboard products 3,954,556 1976 Because'of established record retention policies, both Johns-Hanville Corporation and the Patent Department thereof, records do not exist or are not presently identifiable which would permit any other Johns-Sanville patents to be unequivocally related to any of the designated products. Similarly, for those products designated in this Interrogatory which do not fall within the product groups set forth above, records do not exist or are riot presently identifiable which would permit Johns-Hanville to determine unequivocally whether any of these products would ever have been covered by patents. In this regard it is noted that many of the designated products commenced service many years ago. The pertinent United States patent laws have long.required that a Patent on a product be applied for not later than one (Or previously two) years after the proluct becomes commercial. Therefore, any patents which might have been obtained on such older products would have bean obtained years ago, would long - since have expired, and can no longer be' identified unequivocally ' from present records. 8- - The existing i(Xifiable records indlcateQjat there are not at,present any pending United States patent applications vhich are or nay be of relevance to any of the designated asbestos- containing products. To the extent that other documents of Johns-Hanyille vhich have been called for by Plaintiff nay pertain to the identification of patents not above listed/ such documents . nay be inspected by Plaintiff to the extent that such inspection is permitted by the appropriate Rules a'nd Orders regulating discovery. It is also noted that all United States Patents and the file histories thereof are available to the public at the United States Patent and Trademark Office in Arlington, Virginia, and it is no greater burden on Plaintiffs than on Johns-Manville Corporation to inspect such records pertaining to expired United States patents for vhich Johns-rlanvills*s oyn records, no longer exist. 19. For each asbestos-containing product manufactured or designed by you, please state the specific batching requirements for that product. EEEEE&l Defendants object to this Interrogatory on the grounds that Plaintiffs' use of the term "batching requirements" is vague, undefined, ambiguous and capable of varying interpretations,. 20. State the time period each particular batching requirement vas followed.and any changes that were made. fi.!IHESi Defendants object to this Interrogatory on the grounds that Plaintiffs* use of the term "batching requirements" is vague, undefined, ambiguous and capable of varying interpretations. 21. For each asbestos-containing product that you manufactured, please set forth the supplier of the cav asbestos fiber used for that product. ifiSSEBl See Ansvec to Interrogatory No. 12(c). 22. As to each product mentioned above, identify the follovinq: a) any pertinent trademark that vas applicable to the product during any time of its sale? ' -9- . b) the Del on the packaging of th(3 particular product for each year of its manufactureJ c) all sales brochures, specification sheets, performance data or other promotional material, as yell as any and all installation materials, data or brochures which would have accompanied or been distributed in connection with the installation, application or use of each of the prolucts listed above. d). The advertised use of the product (As to this Interrogatory, you may provide a copy of the document in lieu of describing the same.) iUSSEEi (a) See Exhibit A attached hereto. Trade names are in,capital letters. (b) Defendants placed warning notices on the packaging of their thermal insulation products which contained asbestos which might release dust upon installation. The warning labels and the dates of use are as follows: CAUTION THIS PRODUCT CONTAINS ASBESTOS FIBER. INHALATION OF ASBESTOS IN EXCESSIVE . QUANTITIES OVER LOBS PERIODS OF TIME HAY BE HARMFUL. IF DUST IS CREATED HHEli THIS PRODUCT -IS HANDLED, AVOID BREATHING THE DUST. IF ADEQUATE VENTILATION CONTROL IS NOT POSSIBLE, HEAR RESPIRATORS APPROVED Br THE U. S. BUREAU OF MINES FOR PNEUMOCONIOSIS- PRODUCING DUSTS. (1964-1970) CAUTION THIS PRODUCT CONTAINS ASBESTOS FIBER. AVOID BREATHING THE DUST. INHALATION OF ASBESTOS IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL. . IF DOST IS CREATED WHEN THIS PRODUCT IS HANDLED, USE PROPER PROTECTION. IF PROPER DUST CONTROL CANNOT BE PROVIDED, RESPIRATORS APPROVED BY THE U. S. BUREAU OF MINES FOR PROTECTION AGAINST PNEUMOCONIOSIS- PRODUCING DUSTS SHOULD BE WORN. (1970-1972) -O-: CAUTION o- CONTAINS ASBESTOS FIBER AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM (1972-1978) CAUTION CONTAINS ASBESTOS FIBERS AVOID BREATHING DUST BREATHING ASBESTOS DUST BAY CAUSE SERIOUS BODILY HARH SHOEING GREATLY INCREASES THE RISK OF SERIOUS BODILY HARH (1978-PRESENT) :V.v- j' # These warnings or some modification thereof were used on the packaging of all thermal.insulation.products of Defendants which contained asbestos which might release dust upon application. Use of warning labels was commenced during 1964. Defendants used such warning notices because in 1964, it was reported by a member of the medical profession that there might exist a risk to some persons who installed thermal insulation products containing asbestos, in that inhalation of excessive quantities of asbestos fibers over prolonged periods of time under certain conditions might create a risk of the contracting of .asbestosis to some -persons. The label in use from 1972 to 1978 was prescribed by the United States Department of Labor, Occupational Safety and Health Administration (OSHA) pursuant to 29 C.F.R. Sec. 1910.1001, such regulation being promulgated by OSHA in 1972. This iabel was revised by Defendants to include a no-smoking warning, implementation of which commenced in November, 1978. In addition, sales and service personnel, whose identity is presently unknown to* Defendants, may have in the ordinary course of business communicated information to those using products manufactured by Johns-Hanville Products Corporation or employees installing feuch products as to the then current threshold limit values. \ .!**(> O' iffis. . 7ifr (c) Defendants have on a continuing ba^Ts, furnished customers information as to the proper use and application of its insulating products. Answering Defendants have directly or indirectly advised thermal Insulation contractors to utilize ventilation equipment, such as respirators, at the sites where finished insulation products were being worked with and applied. Those respirators which have been recommended are approved by HIOSH (formerly the responsibility of the United States Bureau of Mines) for use as protection against pneumoconiosis-producing dusts. Defendants have also affixed caution instructions to products .. regarding the handling of these products as set forth in j;v . Defendants' Answer to subpact (b) above. Defendants also distributed to customers copies of the following booklet providing instructions designed to reduce health and safety risks in the fabrication, handling and application of asbestos products: "Recommended Health Safety Practices for Handling and Applying Thermal Insulation Products Containing. Asbestos" (1968), a copy of which is available for copying at the office of Defendants' counsel. Defendants have participated in, and contributed to, the Informational and educational program of the National Insulation Manufacturers Association. This program is designed to educate the insulation contractors' industry with respect to the health, aspects of fibrous materials through regional meetings of insulation contractors* associations. The purpose of these meetings is to aid the contractors in minimizing or eliminating the inhalation of, among other things, asbestos fibers by those working with and/or installing and/or applying the products of Defendants and other manufacturers; i.e., thermal applicators. In_ 1967, and again in 1968, programs have been presented at the regional meetings of thermal insulation contractors. Approximately 400 thermal insulation contractors have attended each year. These programs include a verbal review (of approximately.three hours' duration) of the biological effects j j of fibrous materials,__the threshold limit value of fibrous Q materials, methodIs for eevaluating concentrations T$f dust, and engineering and method change recommendations to assist the contractors in dust abatement and environmental control. In addition to the verbal presentations, booklets have been prepared by the National Insulation Manufacturers Association (NIMA), largely through Defendants* participation and efforts. The ' booklet entitled "Recommended Safe Practices for Handling and Applying Thermal Insulation Products Containing Asbestos", printed Hay 1, 1968, described above, was written by members of the NIKA Education and Information Committee. The Chairman of the. Committee was Clifford L. Sheckler, who at that time, was also Manager, Accident Prevention and Health Administration of .Johns-Hanville Corporation.- Other members of the Committee included John-Vyverberg, Owens-Corning Fiberglass Corporation; Harry Mesler, Ruberoid Company; Leon Horowitz, Certain-teed Corporation; and Jack Barnhart, Executive Secretary of the National Insulation Manufacturers Association. The aforesaid booklet was produced and circulated during the 1968 meetings. Also, subsequent to the meetings with the contractors, considerable work has been done in conjunction with environmental control, especially in the area of fixed machinery and equipment. In addition, over the past several years, there have been, many oral presentations and meetings at the-plant level concerning safety practices, related to asbestos exposure. Also, Defendants have cooperated with the Asbestos Information Association in the production of the following booklets: "Recommended Work Practices - Molding and Fabrication of Asbestos-Containing Plastic Products". "Recommended Work Practices - Fabrication and Use of Asbestos Friction Materials". "Recommended Work Practices - Fabrication and use of Asbestos Paper Products". . "Recommended Work Practices - Shop and Field Fabrication of . Asbestos Sheet Products". -13X v .= . .' ; X1 :: - .-x "Recommended Wo(~) Practices - Use and Hand}kg of Asbestos ' Textile Products*. Such booklets may be obtained from the AIA, 1745 Jefferson Davis Highway, Arlington, VA 22202. Additionally, Oefeniants participated in 1971 through the Occupational Health ahd-Safety Committee of the National Insulation Contractors Association in the preparation of a booklet entitled, "Safety Reminders". Such booklet is available from NICA, 8630 Fenton Street, Silver Spring, Maryland 20910, at a cost of 60 cents per copy. ; (d) See Answer to Interrogatory No. 15(d). 23. For each document listed or described above, please indicate the name or the names of the individuals having custody of said documents or copies thereof, and where they are located. J.NSMERj. See Answer to Interrogatory No. 22(c). 24. Please describe in detail the method for disbursement and sale of each asbestos-containing product manufactured, designed or distributed by the answering defendant.. iSSSESi Johns-Manville Sales Corporation marketed asbestos- containing thermal insulation products through distributors located throughout the United States, but occasionally sold such products directly to owners of installations, contractors, sub contractors, equipment manufacturers, etc. 25. Have any of the products listed in the answer to Interrogatories Nos. 12, 13 S, 16 above been altered in chemical composition or asbestos type or content since their first being marketed? ANSWER: Yes. 26. If so, please state: a) the trade name of each product; b) the date such product was altered; c) the nature of the alteration; d) the reason for the alteration; e) alterations what person has knowledge concerning the AfiSHfiBi Defendants ceased the manufacture of asbestos containing thermal inhalation products in 1972-7^3"^ with the exception of certain accessory items containing "locked-in" asbestos. Some of the products were replaced by newer non asbestos bearing thermal insulation products in an effort to keep abreast of competition in light of medical and technological developments and governmental standards. See Exhibit E attached hereto for a list of replacement products. 27. Identify all sales literature including brochures, advertisements, pamphlets or other material describing each asbestos-containing product manufactured by you beginning in 1925 and coming forward to date. MfSaER: Defendants object to this Interrogatory on the grounds that the same is overly broad in time, inasmuch as the same encompasses a period of time in excess of fifty (50) years, overly broad in scope in,that the same reguests information concerning all asbestos-containing products and is not limited to asbestos-containing thermal insulation products, the only products at issue in the instant case. Because it is overly broad, as such it purports to seek the disclosure of information neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence. 28. Prior to 1960, did you conduct, any tests concerning the health consequences of the use of your asb.estos-containing products? BHSHEgx Defendants states that they do not understand what Plaintiffs mean by "health consequences of the use of . . . asbestos-containing products." Once the products have been installed, they are essentially immobile and not "used" by vorkers. They merely become an integral part of a functioning system. If, however. Plaintiffs* question has refecance lo the handling and/or application and/or installation of Defendants' thermal insulation products by insulation and/or shipyard vorkers so that such products may serve their end use, the Defendants* answer as follows: Ho. However, dQh iants did, sponsor numer^} studies on the biological effects of asbestos within the parameters of possible hazards Known or perceived in the medical and scientific community and which prior to 1964 did not include-insulation and/or shipyard workers. 29. Prior to I960, did you conduct any tests concerning the health consequences related to the manufacture of your asbestos-containing products? ANSWER! Yes. Defendants have directly and/or indirectly sponsored, or participated in numerous studies including a group commencing in 1928 on mining and manufacturing workers who were dealing with raw asbestos* Initially, Defendants and/or JohnsHanville Corporation contributed funds to sponsor animal research on the effects of asbestosis at the Saranac Laboratory of the Trudeau Foundation in upstate New York Commencing in 1928. The funds were contributed by Defendants and/or Johns-Nanville Corporation in the form of premium payments and assessments to the Metropolitan Life Insurance Company, which was the immediate sponsor. In early 1931, a report of this animal experiment was published by Dr. Leroy V. Gardner (the original director of this project) in Vol. 13 No. 3 (March 31, issue) of the Journal of Industriai_Hy.2iene. This report is entitled "Studies on Experimental Pneumonokoniosis. VI. Inhalation of Asbestos Dust: Its Effect Upon Primary Tuberculous Infection". A copy of such report is available for inspection and copying in the office of Defendants* counsel. In 1929, shortly after the launching of the Sacanac studies. Defendants and/or Johns-Manville Corporation and other companies in the asbestos industry asked the Metropolitan Life Insurance Company to determine whether asbestos dust was an occupational hazard and, if so, the nature of the hazard and what could be done to control it. The Industrial Hygiene Division of the Department of Public Health of the McGill University Medical School in Montreal assisted Metropolitan Life in this research. The results were published in 1935 in the ukii;i_fiali]l_EE2AS' Vol. 50* No. 1, issued by the 0. sT Public Health Service in an article entitled "Effects of the Inhalation of Asbestos Dust on the Lungs of Asbestos Workers" by A. J. Lanza, et al. A copy of this report is available for inspection and copying in the office of Defendants' counsel. As a result of the aforesaid Metropolitan Life study* ' additional health research on the effects of prolonged and excessive inhalation of asbestos fiber on human beings was undertaken at the Saranac Laboratory. The Quebec Asbestos Mining Association ("QAMA"), of which Johns-Manville Corporation was and is a principal member* contributed to this new research. A report on this research was delivered at the Seventh Saranac Lakes Symposium in 1952, and was entitled "Pulmonary Function Studies in Men Exposed for Ten or More Years to Inhalation of Asbestos Fibers" by Fernand Gregoire and George W. Wright. A copy of such report is available for inspection and copying in the office of Defendants' counsel. Another report arising out of the industry-sponsored studies at Sarana.c Laboratory was entitled "Experimental Studies of Asbestosis". It was written by Arthur J. Yorwald, Thomas H. Durkin and Philip C. Pratt, and appeared in the A.H.A. Archives of industrial Hygiene and Occupational Medicine in January* 1951, at Vol. 3, Page 1. A copy of this paper is available for inspection and copying in the office of Defendants' counsel. In the early 1950's, an animal research project to "investigate the reported association between asbestos exposure and lung cancer was begun at Saranac Lake and funded by QAMA. A report entitled "Asbestosis and Pulmonary Cancer"' by Arthur J. Vorwald was released in 1952. A copy thereof is available for inspection and copying at the office of Defendants' counsel. Another project' was an epidemiological study of lung cancer among asbestos miners in the Province of Quebec in Canada. This study was also sponsored by QAMA, and, again Johns-Manville Corporation furnished a significant portion of the funding. The ' -17- study was conducted by Daniel C. Braun and T. David Truan for the Industrial Hygiene Foundation of America, PittslJlTltgh, Pennsylvania. The study was completed in 1957 and published in the June 1958, Vol. 17 issue of the A.M.A. Archives of Industrial Health at Page 634 and was entitled "An Epidemiological Study of Lung Cancer in Asbestos, dinars". A copy of this study is available for inspection and copying at the office of Defendants' counsel. Inter-tracheal injection experiments on test animals were conducted by the Industrial Hygiene Foundation of America (and completed in July, 1968) using asbestos fiber taken from a mine of Johns-Manville Corporation. This study is entitled "The Pulmonary Response to Coalinga Asbestos Dust:. A Preliminary Investigation", by Paul Gross, et al. A copy of this study is available for inspection and copying at the office Of Defendants' counsel. Defendants have contributed the time of its personnel and data to a seven to ten year environmental clinical and epidemiological study of workers exposed to asbestos which is now being conducted by the Division of Occupational Health of the . 'United States Public Health Service and is entitled "Asbestos Industry Study: U. S. Public Health Service". The following . reports relate to and/or are based on such study: . ... "Heasurement of Asbestos Exposure" by Jeremiah R, Lynch and Howard E. Ayer published in the Journal of Occupational ELsAisASS (January, 1968), a copy of which is available for inspection and copying in the office of Defendants' counsel. "Research on Health Effects of Asbestos" by Lewis J. Cralley, et al., and published in the Journal of Occupational (January, .1968), a copy of which is available for inspection and copying in the office of Defendants' counsel. "The Role of Trace Setals in Chemical Carciriogenesis-Asbestos Cancers" by J. R. Dixon, et al., unpublished', but presented at the International Congress of Occupational Health, Tokyo, Japan, (September, 1969), a copy of which is available for inspection and copying in the office of Defendants' counsel. "Identification and Control of Asbestos Exposures" by Lewis J. Cralley, unpublished but presented at the International Congress on Occupational Health, Tokyo, Japan (September, 1969), a copy of which is available for inspection and copying in the office of Defendants' counsel. "Techniques for/~~iia Detection, IdentificatOp and Analysis of Fibers" by Robert C. Keenan and Jeremiah R.iynch published in the American Industrial Hygiene Association Journal (September- October, 1970), a copy of which is available for inspection and copying in the office of Defendants' counsel. "Fibrous and Mineral Content of Cosmetic Talcum Products" by Lewis J. Cralley, at al., published in the American %pflustrjal Hygiene Association Journal (July, August, 1968), a copy of which is available for inspection and copying in the office of Defendants' counsel. Johns-Manville Corporation funded a study which was conducted by the Mt. Sinai School of Medicine, City University of New York, entitled "Biological Effects of Modified Inorganic Fibrous Microparticles" which was commenced November 1, 1969 and was completed October 31, 1970. The purpose of the study was to explore the development of new biological test systems for fibrous materials and to determine, the effect on biological, activity of asbestos fiber which has been coated, with a variety of physical and/or chemical substances. A related study which was funded by Johns-Manville Corporation produced a report entitled "Asbestos Hemolysis" by R. J. Schnitzer and F. L. Pundsack (an employee of Defendant), which was reported in March, 1969 and. published in Environmental Es.rch, January, 1970). A. copy thereof is available for inspection and copying in the office of Defendants' counsel. Johns-Manville Corporation has contributed to the Industrial Hygiene Foundation of America's "Fibrous Dust Study". The purpose of this program is to investigate factors involved in the pathogenicity of major varieties of asbestos fiber to determine the true nature of ferruginous bodies. Reports related to' and/or based on this study include the followings "Proceedings Fibrous Dust Seminar" of the Industrial Hygiene Foundation of America, published in its Medical Series Bulletin No. 16-70 (November 22, 1968), a copy"of"which is available for inspection and copying in the office of Defendants' counsel. "Experimental Asbestosis: The Development of Lung Cancer in Rats with Pulmonary Deposits of Chrysotile Asbestos Dust" by Dr. Paul Gross, et al., published in the Archives of Eaxl2afflSJltal_aalL!l# Vol. 16, (Sept. 1967)7 a "copy of which is available for inspection and copying in the office of Defendants' counsel. "The Pulmonary (^punse to Fibrous Dusts oQi verse Compositions" by Dr. Paul Gross, et al., published in the Airieplcan Indu^trl^l Hygiene Association Journal, Vol. 31 (March, April, 1970), a copy o which is available for inspection and copying in the office of Defendants' counsel. "'Ferruginous Bodies' in Guinea Pigs" by John 8. G. Davis, et al., published in the Archives_of_Pathoiogy, Vol 89, (April, 1970)., a copy of which Is available for inspection and copying in the office of Defendants' counsel. "Pulmonary Ferruginous Bodies" by Dr. Paul Gross, et al., published in the Archives.of Pathology, Vol. 85 (May, 1968), a copy of which is available for inspection and copying in the office of Defendants' counsel, "Pulmonary Ferruginous Bodies in City Dwellers, A Study of Their Central Fibac" by Dr. Paul Gross, et al., published in . the Archives of Environmental Health. Vol. 19 (August, 1969), a copy of which is available for inspection and copying in the office of Defendants' counsel. "Ferruginous Bodies in Human lungs", by Michael D. Utidjian, et al., published in the Archives of Environmental Health. Vol. 17 (September, 1968), a copy of which is available for inspection and copying in the office of Defendants' counsel. "Asbestos Bioeffects Research for Industry", by' the Industrial Hygiene Foundation of America, Inc., published in its Medical Series, Bulletin No. 11 (1966), a copy of which is available for inspection and copying in the office of Defendants' counsel. ' QAMA is sponsoring a study 6f the health effects of asbestos, if any, on workers in the asbestos cement manufacturing industry in the New Orleans area. In addition, Johns-ManvilLe Corporation is contributing time of its personnel. This study began in 1969 and is concentrating on the health status of present and past employees in the plants of Defendants and National Gypsum Company in and around New Orleans and has generated.the following: "Asbestosis in Asbestos Cement Workers" by Philip E. Enterline, and Hans Weill, presented at LYON Conference. (Oct. 1972), a copy of which is available for inspection and copying in the office of Defendants' counsel. "Radiographic and Physiologic Patterns Among Workers Engaged in Manufacture of Asbestos Cement Products, a Preliminary Report", by Hans Weill, et al., published inthe Journal of Occupational Medicine. Vol. 15 (Mar. 1973) a copy~of which is available for inspection and copying in the office of Defendants' counsel. "Lung Function Consequences of Dust Exposure in Asbestos Cement Manufacturing Plants" by Hans Weill, et al., published in Archives of Environmental Health, Vol. 30, (February, 1975), a copy of which is'available for inspection and copying in the office of biefeniants* counsel. "Hr ............ \ | !i ! | -20- ` . .. , :m The Institute oO upational and Environm^3al Health of QAMA is conducting a study to relate the health status of the asbestos-exposed population to a non-exposed population in Canada. This study is under the direction of Dr. J. C. McDonald of McGill University# Montreal, Canada. The following reports have been generated by this study. "Qualitative Aspects of Dust Exposure in the Quebec Asbestos Mining and Milling Industry" by G. W. Gibbs, presented at the Third International Symposium on Inhaled Particles. British Occupational Hygiene Society, London, (September, 1970), a copy of which is available for inspection and copying in the office of Defendants* counsel. "Epidemiology of Primary Malignant Mesothelial Tumors in Canada" by. A. D. McDonald, et al., published in CANCER Vol. 26, No. 4 (October, 1970), a copy of. which is available for inspection and. copying in the office of Defendants* counsel. "Mortality from Lung Cancer and Other Causes in the Chyrsotile Asbestos Mines and Mills of Quebec" by Dr. J. Corbett McDonald, et al., published in.the Archives_of Efivjronmenta.l_Haa.lth, Vol. 22 (June, 1971), a copy of which is' available for inspection and copying in the office of Defendants* counsel. "Recent Developments in Asbestosis!*, by Dr. Premysl V. Pelnar, published in Studia Laboris et Salutis (1970) a copy of which is available for inspection and copying in the office of Defendants* counsel. Johns-Manville Corporation also paid for certain studies by Dr. Kenneth W. Smith who was then a full-time employee of said corporation. Reports of Dr. Smith's studies are as follows: "Asbestosis" printed in The Pneumoconioses bv Kenneth-W. Smith (approximately 1963), a copy of which is available for inspection and copying in the office of Defendants* counsel. "Pulmonary Disability in Asbestos Workers" by Kenneth W. Smith printed in the A.M.A. Archives.of Industrial Health. Vol. 12 (August, 1955), a copy of which is available for inspection and copying in the office of Defendants* counsel. "Trends.in the Health of the Asbestos Worker" by Kenneth W. Smith published in the Annals of the New Yock_Academ^_of Siens, Vol. 132, Article 1 ^Dec. 1965), a copy of which is available for inspection and copying in the office of Defendants' counsel. In January, 1977, Johns-Manville Corporation contributed to the Mt. Sinai School of Medicine to fund a mesothelioma treatment study and program. This was a cooperative effort by the Corporation and the Heat, Frost t Insulators Union with the Union contributing a like amount toward the funding of this Program. The director of the Program is Dr. Irving J. Selikoff. -21- " '' i 30. Do any wrC^en memoranda. specificatJLJs, recommenda- ttons or other written materials of any kind or character related to the testing of said products exist? Defendants object to this Interrogatory on the grounds that the same is overly broad and vague. The question does not specify the type or nature of testing. 31. If so, please state: a) identify each such written material or document; b) Who presently has possession of each such document and where it is located; 6.SSEES1 Not applicable. 32. Have you conducted any tests concerning the health consequences of the use of your product between 1960 and 1975 or the date that the asbestos content was removed from the product, whichever is the later. ANSWER^ Defendants states that they do not understand what ' Plaintiffs mean by "health consequences-of the use of . . . asbestos-containing products." Once the products have been installed, they are essentially' immobile.and not "used" by workers. They merely become an integral part of a functioning system. If, however. Plaintiffs' question has reference to the handling and/or application and/or installation of Defendants' thermal insulation products by insulation and/or shipyard workers so that such products may serve their end use, the Defendants' answer as follows: , . Preliminarily, the significant difference between "asbestos workers", usually meaning workers in asbestos factories where 1005! asbestos fiber is processed, and the "insulation workers", or "insulators", who work with products containing 1555 or less asbestos fiber, must be clearly understood. Those studies involving "insulators" ace as follows: In 1968, Johns-Manvllle joined in the establishment of the Insulation Industry Hygiene Research Program of Ht.-Sinai Hospital. The purposes of this study are: A3(1) To develop 3 proved methods for minim ha inhalation by insulation workers of dust and fumes encountered in ' their work} '' (2) To disseminata knowledge of those improved methods of dust and fume control wherever they may be applied advantageously; and (3) To offer cooperation, advice and assistance toward universal adoption of these methods. The Program Director is Irving J. Selikoff, M.D., Director of the Environmental Sciences Laboratory, Mt. Sinai School of Medicine, Kew York, New York. These studies have not been concluded. Reports have been published from time to time and circulated to the trade through the union and are presumably available to Plaintiff's attorney through the Director of the Program, Dr. Irving J. Selikoff. In 1969-1970 at Defendants' Research and Engineering Center at Manville, New Jersey, tests were conducted for the Insulation industry Hygiene Research Program by Thomas J. Weeas and Allen F. Burns. A copy of the report, on such tests entitled "Performance of Dust Respirators against a Fibrous Dust" by Messrs. Reeks and Burns, published in American Industrial Hygiene Association Journal (Kay-June, 1970), is available for copying at the office of Defendants' counsel. Additionally, an epidemiological study of the biological effects of asbestos dust among the Port of Genoa and LaSpezia Arsenal insulation workers, among others, is being conducted by the Clinica del Lavoro, Milano, Italy, under the sponsorship of the Institute of Occupational and Environmental Health, which Institute in turn is funded by the Quebec Asbestos Mining Association. Defendants are the principal contributor to the funding of the Quebec Asbestos Mining Association. This study was initiated early in 1968. This study has generated the following: "Research Project: Epidemiological Study on the Biological Effects of Asbestos Dust at the Balangero Mine and among the Port of Genoa and LaSpezia Arsenal Insulation Rockers" by Enrico C, Vigliani (June 16, 1972), Report Jlinica del Lavoro "Luigi Devoto", a copy of which is available for inspection and copying at the office of Defendants' counsel. Defendants, thcwgh their membership in the-'National Insulation Manufacturers Association, have funded, in part, the studies conducted by Dr. Clark. Cooper, et al, at the University of California at Berkeley. The following have been generated by this study: "Industrial Hygiene for Insulation Workers", by 3. Leroy Balzer, published in the Journal of Occupational Medicine (January, 1968), a copy of which is available for inspection a.nd copying in the office of Defendants* counsel. "Environmental Exposures in the Insulation Trade" by J. Leroy Balzer, published in NICA_Outlook (April, 1970), a copy of which is available for inspection and copying in the office of Defendants* counsel. "Evaluation and Control of Asbestos.Exposures in the Insulating Trade", br Clark H. Cooper and J. Lacoy. Balzer, 2nd International Conference Biological Effects of Asbestos. Dresden, (1968), a copy of which is available for inspection and copying in the office of Defendants' counsel. "Asbestos In Relation to the Type of Fibre and Dose in the Insulation Industry", by W. Clark Cooper and J. Miedema, LI2H._Conference (October, 1972), a copy of which is available for inspection and copying in the office of Defendants* counsel. The first of the studies under the direction of Dr. Cooper, mentioned above, was published in the. Journal of Occupational H&iing (January, 1968) and reported to numerous persons and entities including the Eleventh Annual Western Industrial Health Conference. The second study directed by. Dr. Cooper, referred to above, was published in the National Insulation Contractors Association's magazine Outlook during or about 1970. If so, please state: a) what tests were done; b) who was responsible for conducting the tests; c) what the results of the tests were; d) identify any documents concerning the tests. iSSHESi See Answer to Interrogatory No. 32. 3h. When did the asbestos-containing products manufactured by you first contain any warning or caution concerning the health consequences of the use of the product or the breathing of asbestos dust?' i&SHIfil See Answer to Interrogatory No. 22(b). - 35. Foe each sQh product, please states ) a) the wording of each warning oc caution; b) the description of each such printed warning or caution; c) the method used to distribute the warning to persons who ware likely to use the products; * d) the data aach such warning was issuai; e) the name, address anl job classification of each person who presently has possession of the above-described warning or caution; .. f) identify the warning or caution by date and content; g) state whether any industrial psychologist or human factors engineers were consulted prior to utilizing such warnings, or cautions; h) identify any special instructions provided with each product regarding its use or safety procedures to be employed by persons handling such product. ANSWER^ (a-d) See Answer to Interrogatory No. 22(b). (e) Defendants object to this subpart on the grounds that the same purports to seek information neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence. ___ .(f) See Answec to Interrogatory No. 22(b)*. (g) No. However, labels were drafted in accordance with labeling standards and principles recommended at the time by the Manufacturing Chemists Association. (h) See Answer to Interrogatory No. 22(b). 36. For any warning ever provided on an asbestos-containing product manufactured or distributed by you, please state: a) when the warning first appeared; b) what was the precise wording of the warning when if first appeared; c) was the warning ever altered, amende! or changed in any.manner, and if so, how and when; '25- ' ... . .. `i&i d) packaging. where was the warning located on the product or O' O AHStfER: (a-c) Sea Answer to Interrogatory No. 22(b). (d) Labels ware located sn one or more faces of the container. 37. When did you first become aware that warnings were placed on products distributed by other defendants? &SSHM.L Defendants object to this Interrogatory on the grounds that the same assumes that other Defendants did put warnings on their products, and therefore, for Defendants to respond would reguire speculation. Furthermore, to the best Of Defendants* knowledge, answering Defendants were the first manufacturers to label their products. 38. State the manner in which each of your products was shipped and the type of container it was shipped in to retailers. ANSWER; See Answer to Interrogatory No. 17 for the types of containers in which Defendants* asbestos-containing thermal insulation products were shipped. Said products were shipped by railro.ad car or trucks. 39. When, if ever, did you specifically inform the purchaser or user of your products that contained asbestos that the use of that product or exposure to asbestos.dust could cause cancer, asbestosis or other serious diseases? Please identify the document containing this information by date and location. ANSWER^ Defendants object to this Interrogatory on the grounds that the same implies the existence of a legal duty to warn of an unknown or unknowable danger and, as such, is improper. Defendants do not believe that the "use" of their asbestos- containing thermal insulation products causes said diseases. However, Defendants do recognize that excessive respiration of asbestos fiber over long periods of time may cause the occupational disease of asbestosis in some people. In addition. Defendants further object to the form of the question on the grounds that the phrase "other serious diseases- in effect asks Defendants to admit that asbestos is responsible for certain -26- - -''I"- ' biological effects n^specified ih the I.nterro^*^ocy. Furthermore^ Defendants are advised that the cause of cancer is unknown. 40. Identify any and all labeling or relabeling agreements in existence since 1925 between you and any other person including co-defendants. ANSWER: Defendants object to this Interrogatory on the grounds that the same is overly broad in time, inasmuch as the same encompasses a period of time in excess of fifty (50) years, and overly broad in scope, in that the same is not limited to asbestos-containing thermal insulation products, the only products at issue in the'instant case. . Defendants'further object on the grounds that the form of the Interrogtory is vague, ambiguous and confusing, thereby rendering it incapable of definite response. 41. Did you sell aay of your products containing asbestos fibers or any raw fiber to any of the companies named as co defendants in this suit? S-RSWESi See Answer to Interrogatory No. 10. 4'2. If so, please state: a) the name, address and job classification of each individual who currently has possession of. such knowledge, either by documents or records; b) please list the names of each co-defendant to whom your products have been sold; c) please state the dates of each such sale and the amount and.kind of materials sold; RRSHISi Not applicable. See Answer to Interrogatory No. 10. 43. State whether your company manufactured asbestos- containing insulation products for a co-defendant and placed the co-defendant's labels, logos or insignia on said products and list each such co-defendant. RRSHSSl Not to the best of Defendants* present knowledge. 44. Has this defendant ever acquired another corporation, company or business which manufactured, sold, processed, distributed or contracted to apply insulation products containing asbestos. -27- SlUSHMI Yes, a^"*j:o Jolins"Hanville SalesC^Npcation. 45. If the answer to the above interrogatory is yes/ please state the following concerning such cither entity: a) th.e full and correct name; b) the principle place of business; c) the state of incorporation; d) the date of its acquisition by you; e) the products that the other entity manufactured, distributed, sold or used. ANSWER:, (a) See Answer to Interrogatory. No. 3. Cb) Ken-Caryl Ranch, Denver, Colorado. (c) Delaware. (d-e) See Answer to Interrogatory No. 3. 46. Did you ever stamp or imprint the name of your company, its initials or any identifying logo on any of your asbestos- containing products? If so, please describe the identifying logo or initials and the dates of its inclusion on-the product and the product on which it was included. iSSHMi Yes. Some THERHOBESTOS block produced by Defendants during the period 1940-1967 had the initials "JM" or other Johns- Nanville trademark imprinted thereon. . 47. As of the date of your answers to these Interrogatories, is your company still manufacturing, selling or distributing any asbestos-containing products? If so, give the brand names of each such product. iESSiESi See Answer to Interrogatory No. 26. 48. For each product identified- as being manufactured, sold or distributed by you in interrogatories No. 12, 13 or 16, state whether or not: a) you have actual containers or photographs of containers in which said products were sold or distributed; b) who is the custodian or keeper of said containers or photographs including their address and telephone number. ^NSWEfil Any such photographs, to the extent available, are maintained at Defendants* Headquarters in Denver, Colorado. Defendants stat^that many of the asbestos-ontaining thermal insolation products for shipyard and/or insulator use have been discontinued for ten years or more, and if Defendants were to attempt to locate "actual containers" for such discontinued products, the search would most likely be in vain. 49. From what source or Sources did you. obtain raw asbestos fiber beginning in 1940 and going to date, on a yearly basis? fiJSNERi See Answer to Interrogatory No. 12(c). 50. State whethec or not any warnings, cautions, caveats or directions accompanied the raw asbestos fiber referred to in the previous Interrogatory and identify the nature and extent of said warnings, cautions, caveats or directions accompanying said fiber. iSSMSi Defendants placed warning notices on the packaging of their asbestos fiber. The warning labels and the dates of use are as follows: CAUTION THIS BAS CONTAINS ASBESTOS FIBER. PERSONS EXPOSED TO THIS MATERIAL SHOULD USE ADE2UAIE PROTECTIVE DEVICES AS INHALATION OF THIS MATERIAL OVER LON3 PERIODS KAY BE HARMFUL. (1969-1972) CAUTION CONTAINS ASBESTOS FIBER AVOID CREATING DUST BREATHING ASBESTOS DUST KAY CAUSE SERIOUS BODILY HARM (1972-197.8) CAUTION CONTAINS ASBESTOS FIBERS AVOID BREATHING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM SMOKING GREATLY INCREASES THE RISK OF SERIOUS BODILY HARM . (1978-PRESENT) -29- Use of warning labels was commenced during 1963. The label in use from 1972 toC<^78 was prescribed by theCZltad States Department of labor. Occupational Safety and Health Administration (OSHA) pursuant to 29 C.F.R. Sec. 1910.1001, such regulation being promulgated by OSHA in 1972. This label was revise! by Defendants to include a no-smoking warning, implementation of which commenced in November, 1978. Defendants also place this warning on al,l bags containing asbestos fiber in five additional languages; i.e., French, Dutch, German, Spanish and Japanese. 51. State what date said warnings, cautions, caveats or directions first appeared on the mined, asbestos fiber. AHSHEgi See.Answer to Interrogatory No. 50. 52. If you have discontinued manufacturing and/or selling asbestos products, please state the reason or reasons therefor. ANSHER.X Sea Answer to Interrogatory No. 26. 53. When was the first time that you received notice that any person was claiming an injury as the result of using asbestoscontaining products manufactured and/or sold by your company? ANSWER^ Johns-Hanville has been named in lawsuits relating to asbestos and/or asbestos-containing products. Defendants do maintain a listing of such lawsuits setting forth the caption of the case, the court and docket number. Additional information is a matter of public record contained in the court file of each case. Said listing is neacly three hundred pages in length and is too burdensome to attach to these answers. However, a copy of said list is available for inspection at Johns-Manville's Headquarters in Denver, Colorado. In addition. Defendants state that the above listing is maintained alphabetically by Plaintiffs' last names and not by the date each claim was received; therefore. Defendants are unable to state with specificity the "first time" such a claim was received by Defendants. As to Worker's Compensation claims. Defendants state the first such claim involving asbestosls by a Johns-Hativille contract unit worker was filed July 19, 1960 in Michigan by Dean Templeton -30- ~ i; i j! ii ;| 1 , and `included numerbw^r non-specific pulmonary etnraitions, including asbestosis. This claim was not adjudicated or settled but was voluntarily dismissed by claimant. 54. For each such injury that you received notice of or a claim for prior to 1970. please lists a) the name and addre.ss of each claimant; ' b) the date of the notice of each claim; c) a description of the claim (i.e. workmen's compensation or a third party liability action); d) the type of injury allegedly sustained; e) the name and address of each attorney who represents individuals making such claims; fj the style and the court number of each claim; g) the resolution of each claim that has been disposed of; h) the custodian of the records that relate to the claim (in lieu of answering the above question, you may attach copies .of any and all claims). LESElBi AS. to third-party liability claims, sea Answer to Interrogatory No. 53. Defendants ate unable to segregate those claims initiated prior to 1970. As to the first Workers * Compensation claim set forth in Answer to Interrogatory No. 53, Defendants state as follows: (a) Dean Templeton, 5885 McGuire, Taylor Township, Michigan. (b) Exact data unknown; application for hearing mailed by Workers' Compensation Department on August 3, 1950. (c) Workers' Compensation. (d) Injury to lungs and chest, pneumonconiosis, asbestosis, bronchitis, bronchiectosis, pneumothorax, related conditions and the sequelae thereof, traumatic neurosis. (e) Clarence R. Constan, 23800 Van Born Road, Dearborn, Michigan; David M. Roberts, 23460 Church Road, Oak Park 37, Michigan. (f) State of Michigan, Workmen's Compensation Department. Number unknown. (g) Se^^)swer to Interrogatory N<^~*^)3. (h) State of Michigan Workers' compensation Department. 55. Do you contend that insulation products containing asbestos can be manufactured or treated so as to eliminate all potential health hazards to workers installing the same? If so. please explain in detail what your contentions are and the basis for each contention. RNSWESi Defendants maintain products can be used and applied Without the worker inhaling harmful quantities of asbestos dust or fibers by utilization of proper work practices such as wet cutting, dust control and use of respirators. The Federal Government has promulgated standards for the safe use of asbestoscontaining products. 56. Did you receive any reports or communications from your workmen's compensation insurance carrier or products liability insurance carrier .with regard to the hazards incident to the use of asbestos-containing insulation products? If so, please state who has possession of such reports, the location of such reports and the substance of the contents of such reports, listing for each such report the respective insurance company, its address, the agents signing such correspondence and'the date of such notice or report. ftKSWER; Defendants.are conducting a diligent search of available files and records, and if such documents or communications ace located. Defendants will supplement their answers accordingly. Defendants reserve the right to all pertinent objections should such material be located. 57. Have.any of`the co-defendants named in this litigation ever furnished you with any information as to the state of the medical knowledge regarding the connection between asbestos dust exposure and the contracting of pulmonary diseases including asbestosis and cancer. UlSSlEfii Defendants have, over the years, had contact with other Defendants in the instant case on health issues of concern. These contacts occurred primarily through trade organization 32- meetings, during which exchanges of such information would have.. taKen place. How Q. it is impossible for Qndants to describe the nature, content or individuals involved in all of such exchanges. 58. If the answer to the preceding Interrogatory is in the affirmative, please identify: (a) what information you were furnished; -^ (b) who furnished that information; (c) when that information was furnished. ANSWER.! See Answer to Interrogatory Ho. 57. 59. Have you at any time since 1930 interchanged results of research tests, medical studies or experiments regarding the state of the medical knowledge regarding the connection between asbestos exposure and the contracting of pulmonary diseases including lung cancer and asbestosis with any other person, including any co- defendants in this action? iESWERj. Defendants object to the. form of the juestion in that response thereto presumes medical knowledge of a connection ' between asbestos exposure and the contracting of pulmonary disease, including lung cancer and asbestosis, since 1930, which in factdid'not exist. 60. If the answer to the preceding Interrogatory is in the affirmative, a) please state: when this interchange took place; b) who participated intheseinterchanges; studies. c) summarize the content of these interchanges or AKStfEK: Not applicable. 61. Please state if you or anyone on your behalf ever conducted, sponsored or contributed financially to any studies or research to determine if the inhalation of asbestos fibers may be harmful. iESHIBi See Answecs to Interrogatories Hos. 29 and 32. 62. If the answer to the above question is in the affirmative, please state: . r--' 1 { <i j j a) by /o"''`"Nil the research was condu^--jl , jiving complete names and addresses; b> the dates that each such research project or test was conducted; c) the complete results o each test or study; d) identify all documents that refer, reflect or relate to the test or study; e) supply copies of the reports of the research department pertaining to the use by the corporation of asbestos in their manufacture of insulation products. ftHSWERi See Answers to Interrogatories Nos. 29 and 32. 63. Please state the names and addresses of your, chief medical officers from 1930 until the present time, listing the periods of time each such medical officer was employed by defendant in that capacity. If you did hot have a medical officer, please indicate what person or persons performed that function. AWSWER: Defendants have had a medical function beginning in the middle 1930*s. Since the middle 1930's, this function was administered by John P. Syme, Director of Industrial Relations. Mr. Syme is deceased. In 1947, a formal health and medical program was initiated for the benefit of employees of Defendant, under the administration of H. M. Jackson, Safety Director, Johns-Manville Corporation, Ken-Caryl Ranch, Littleton, Colorado. Mr. Jackson is now retired. . Beginning in 1952, the health and medical program was administered by H. M. Jackson, Manager, Industrial Health and K. V. Smith, M.D., Medical Director. Dr. Smith is ieceased; Mr. Jackson is now retired. Beginning in 1960, the health and medical program was administered by C. L. Shackler, Manager, Accident Prevention and Industrial Health and K* W. Smith, M.D., Medical Director. Mr. Sheckler's address is 833 South Drive, Metadeconk, New Jersey, -34- Beginning in S6, the health and medica' rogram was administered by C Sheckler, Manager, AccicTefnt Prevention and Health Administration* Beginning in 1970 until 1972, the health and medical program was administered by C. L. Sheckler, Manager, Accident Prevention and Health Administration, and T. H. Davison, M.D., Corporation Medical Director. Dr. Davison's- address is 2069 Deerfield Road, Deerfield, Illinois. Beginning in November, 1972, to November 30, 1973, the health and medical program was administered by F. E. Marriner, H.D., Medical Director. Dr. Marriner's address is Mallard Crossing, Rt. 11, P. 0. Box'290, Gainesville, Georgia 30501. Beginning in 1972 until June 1, 1974, the corporate medical and health program was administered by W. R. Reitze, Manager, Accident Prevention and Health Administration. Beginning June, 1974 until September 1, 1981, the corporate medical and health program has been administered by Paul Kotin, . M.D., Senior Vice President, Health, Safety and Environment. Beginning on July 1, 1977, William Paul, M.D. became Corporate Medical Director of Johns-Manville Corporation, under Dr. Paul Kotin, with Dr. Kotin retaining all responsibilities as Senior Vice President of Health, Safety and Environment, until Dr. Kotin's retirement on September 1, 1981. 64. Please state the names and addresses of all physicians who ware employed, retained or otherwise engaged by you at any of your facilities from the years 1930 until the present. JiSSHIBi. Defendants object to this Interrogatory on the grounds that the same is overly broad in time inasmuch as it encompasses a period of time in excess of fifty (50) years, overly broad in scope, burdensome and oppressive. Because it is overly broad, as such it purports to seek the disclosure of information neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence. However, in an effort to be' responsive, see Answer to Interrogatory No. 63. 65. Please state the names and addresses of aLl persons employed by you fC 1930 until the present who functioned as Industrial hygienists. As used in this interrogatory an industrial hygienist is one who performs engineering or health studies to identify ani evaluate potential occupational health hazards and suggest methods of dealing with the same. &E2H5B1 The following individuals have been involved in the field of industrial hygiane as the same relates to the use of asbestos and exposure to asbestos fibers! Hugh H. Jackson 5205 Sky Trail Littleton, CO 80123 Previously employed by Johns-Banville since 1937; cost accountant; Industrial Relations Department; Corporate Safety Engineer, Director, Corporate Training and Management Development until retirement in 1980. Edmund H. Fenner Deceased Previously employeed by Johns-Manvilla since 1990; Research Engineer, Engineering Project Manager; Founding Director, Environmental Control Department, until retirement in 1981. J. B. J obe 2800 South University #64 Denver, Colorado 80120 Employed by Johns-Kanville since 1935; sales clerk; staff manager; special representative to the aviation industry nationally; Regional Manager for Southern California and operated insulation contract unit; Merchandise Manager of Industrial Insulation Division; Sales Manager, IID: Senior officer in charge of five divisions including industrial insulation, packaging and frictions, Dutch Brand, Canada, and the Fibre Division and later International; Executive Vice President and Chief Operations Officer until retirement in 1973. K. H. Smith, H.D. Deceased Previously employed by Canadian Johns-Manville from 1944-46 as Medical Officer at Asbestos, P.Q.; Medical Director 1946-51. Medical Director, .Johns-Maaville Corporation, New York, New York, approximately 1952 until 1966. F. J. Solon Vice President - Presidential Assistant Vice President - Economic Affairs P. 0. Box 5723 Denver, Colorado 80217 Employed by Johns-Manville since 1961; Assistant Director, Director and Vice President, Advertising and Public Relations; Vice President Corporate . Relations; Vice President Environmental Affairs; Vice President Environmental Relations. -36 * i fr ( William B_J{eitza ___ Directorf"^balth, Safety and. Enviro( )t P. 0. Box5723 DenvelT/ Colorado 80217 Previously employed, by CIBA Corporation in the area of toxicology/ pharmacology; inspector with 0. S. Department of Health; Industrial hygiene health and safety/ Johns-Manville since 1969* Clifford Sheckler 838 S. Drive Metedeconk/ New Jersey Consultant ' Previously employed by Johns-Manville as Construction Engineer, Supervisor of Construction,. Safety Engineer, Supervisor of Safety and Industrial Hygiene, Corporate Manager of Industrial Health, Manager of Occupational and Environmental Control. Paul Kotin, M.D. Senior Vice President, Health, Safety and Environment P. 0. Box 5723 Denver, Coloraio Employed by Johns-Manville from June, 1974 until retirement on September 1, 1981; currently a consultant to Johns-Manville. 66. For each industrial hygienist listed above, please state: a) the facility or office to which that individual was assigned; b) the complete and precise duties and casponsi- biliti.es. iSWEi See Answer to Interrogatory No. 65. 67. Did anyone ever make any recommendations and/or suggestions to you pertaining to the risks and hazards associated with the manufacturing or use of insulation products containing asbestos? ANSWER: Yes. 68. If the answer to the above Question was yes, please state: a) where such recommendations or suggestions were made; b) who made such recommendations or suggestions; made; c) to whom were these recommendations or suggestions d) the substance of the recommendations or suggestions; e) what actions did you take as the result of those recommendations and suggestions? % BiESREEi (a) recommendations have ^ *1 made on a continuing basis since Defendants have employed a medical function (b) Defendants' medical officers and industrial hygienists. . (c) To corporate and division management personnel. The precise identify of such individuals involved over such a long period of time is presently unknown to these Defendants. (d-e) The substance of the recommendations and/or suggestions consisted of the reduction of exposure to airborne asbestos fiber and particles by employees employed in Defendants' manufacturing facilities who were exposed on a continuous basis over a long period of time to 100% raw asbestos fiber. Subsequently, when the possibility of a hazard to insulation and/or shipyard workers, applicators and mechanics using asbestos- containing thermal insulation products became known to the medical/scientific community, such recommendations and/or suggestions led to the labeling of such.products as set forth in Answer to Interrogatory No. 22(b) and research as set forth in Answer to Interrogatory No. 32. Defendants industrial hygiene programs have continually reduced exposure of airborne asbestos to the extent possible using the best available technology and industrial hygiene techniques at the time.. Such programs have included, for example,'bag houses, vacuum systems, and processing methods, such as wet handling of fiber. All of these procedures have, in addition to reducing and/or eliminating in-plant exposures, had the effect of reducing and/or eliminating any possible emissions of fiber from the manufacturing plant. 69. Do you agree that there is a causal connection between the asbestos dust exposure and a) asbestosis? b) lung cancer? c) mesothelioma? M: d) other cancers? -38- !i!lEJ2Ei Def<*o&^nt3 .object to this Interrogatory on the grbunds that the question of "causal connection," or lack thereof, is one for medical witnassess. Furthermore, Defendants are advised that the cause of cancer is unknown. 70. If your answer to the previous Interrogatory is yes as to any or all subparts, please identify the following as to each disease process listed above: ': a) when and how you first learned of such connection; b) if the knowledge was obtained by the attendance at any conference, lecture, convention, symposium or meeting, identify such event and provide the name of the person attending or the documents obtained from that meeting; c) if knowledge was obtained from a medical or scientific study or any other published works, identify the same; d) if the knowledge was otherwise obtained, identify the manner of receipt of the document or communication. RUSHER: Not applicable. See Answer to Interrogatory No. 69. 71. With regard to any knowledge obtained subsequent to that identified in the previous Interrogatory, please identify: a) all docunants or other communications, oral or written, concerning the causal connection between exposure to- asbestos dust or asbestos products and the disease processes identified in question No. 60 above; b) identify the person communicating the information. ANSWER: Not applicable. 72. When and by what manner were you first aware of the hazards of asbestos or asbestos-containing products to the users of those products? ft-SSSfEEi The Corporation became aware of the relationship between asbestos and the disease known as asbestosis among workers involved in mining, milling and manufacturing operations and exposed to high levels of virtually 100ft raw asbestos fibers over long periods of time by the early 1930's. The Corporation has followed and become aware of the general state of the medical art relative to asbestos and its relationship to disease processes, if 39- any. Defendants fij^st became aware of a possible hazard , associated with tjf?use of Its asbestos-bearilTT^therinal insulation products at or about the time of the meeting of the New York Academy of Sciences/ "Biological Effects of Asbestos" held in New York City in October, 1964. 73. Identify any medical examination programs offered or sponsored by you or your insurance carrier for employees handling or otherwise exposed to asbestos and asbestos products. With respect to each such program, please state: a) the manner of communicating with employees about such program; b) whether examination was mandatory or optional; c) what percentage of workers permitted to undergo such examination actually participated; d) what percentage of workers were found to have asbestosis or mesothelioma or bronchogenic carcinoma; e) with respect to (d), what percentage of such workers were paid disability, workmen's compensation benefits or for wh.ose benefit medical expenses were Paid to undergo treatment for such conditions. LtLSiLIiRi Defendants object to this Interrogatory on the grounds that the same is totally unlimited in time and overly broad in scope and, as such, purports to seek the disclosure of information neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence. .' Notwithstanding said objections and in an effort to be- responsive. Defendants state that they have for many years conducted medical programs at their various subsidiary mines and plant facilities. The Defendants offered medical examinations to all of their contract unit employees through local anions by direct communication. Because such employees were hired through labor unions. Defendants could only offer such medical services to the employees.but could not require that the employees undergo such examinations. Only a very limited number of employees -40 elected to be inc^^)d In the examination pco^~*^n. Defendants have no information concerning the remaining questions in subparts (c-e). 74. Identify all trade organizations, associations or other entities, icluding but not limited to ATI, IHF, NAIMA, AIA, NICA, TIMA, QAMA, PICA, QAPA, to which you have belonged or in which you have participated since 1925 and the years of your participation. ANSWER^ Defendants belong or have belonged to the following organiations whose activities relate to asbestos or asbestoscontaining thermal insulation products. Thermal Insulation Manufacturers 441 Lexington Avenue New York, NY 10017 (approximately 1959 to present) Association, Inc. National Insulation Contractors.Assn. 8630 Fenton Street Silver Spring, MD 20910 (10/66 - present) National Insulation Manufacturers 441 Lexington Avenue New York, NY 19017 (approximately 1958 - 1968) Association, Inc. Asbestos Information Association/North America 1745 Jefferson Davis Highway Arlington, VA 22202 (approximately 1971 to present) Asbestos Textile Institute P. 0. Box 471 Willow Grove, PA 19090 . (11/16/44 - 1973) Quebec Asbestos Mining Association. Suite 412, 5 Place Ville Marie Montreal, Canaia H3B 2G2 (approximately 1930 to present) Asbestos Cement Pipe Producers Association Suite 1308 -' 1600 Wilson Blvd. Arlington, VA 22209 (approximately 1972 to present) Asbestos Cement Product Assn, (defunct) New York, NY (approximately 1955 - 1967) Industrial Health Foundation, Inc. 5231 Centre Avenue Pittsbergh, PA (approximately 1936 - present) 75. Identify all persons attending on your behalf any meetings held by any trade organization listed in the Interrogatory stated above. *. 41- MSLEEEi Defe^^nts are unable to identif^yith specificity all, representatives of Defendants who attended meetings of the above-named organizations. To endeavor to compile the requested information would, require a review of all proceedings of said organizations, many of which are not in .Defendants' possession. Such a review would be both time consuming and costly. However, . Defendants do state that more likely than not this information could be obtained by contacting the various organizations. 76. Identify the names or nature of all notes, reports, studies or other writings submitted by you or received by you at meetings identified in the Interrogatory stated above. iSLEESEi Not applicable. See Answer to Interrogatory Ho. 75. 77. identify any documents you received from or submitted to those trade organizations, associations or other entities identified in Interrogatory #75 relating to the relationship between asbestos exposure and disease. ANSWER; Not applicable. See Answer to Interrogatory No. 75. 78. Did you direct to be performed, sponsor, finance or receive the results of any studies or tests performed by the Saranac Laboratory or the Trudeau Foundation relating to asbestos exposure and its effect on human life? If- so, identify: a) all documents summarizing findings or results of those studies or tests which you have in your possession or control; b) all communications, oral or written, between answering defendant and Saranac personnel, including but not .limited to Gerrit W.H. Schepers, H.D.? c) ' all documents relating to Saranac studies received or submitted by you, either directly, through associated or predecessor companies, through other companies, or through any trade associations, organizations or entities; i- d) relating to; all recomnendatons or findings of such studies in ` values; 1) adequacy or inadequacy of the threshold limit 42- 2) tSr 3db stitution. of mate asbestos to be uset^-'in insulation process; lCjIbttier than Q . e) where the documents and/or communications identified in this Interrogatory are presently maintained. ANSWER: Yes. See Answer to Interrogatory No. 29. To the extent that this Interrogatory seeks additional information. Defendants object on the grounds.that the same is unlimited'in time, overly broad in scope, oppressive and purports to seek the disclosure of information neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence. 79. Identify all persons vho have testified on your behalf and all documents presented to or utilized in preparation of testimony before the Occupational Safety ahd Health Administration, the National Institute of Occupational Safety and Health, and U.S. Congressional committee or sub-committee or governmental hearing or investigative proceeding on the subjects of biological effects on human life from exposure to asbestos and the setting, modification, feasibility and acceptance of allegedly safe or proper levels of such exposure to asbestos and asbestos products. EEiHlEi Without specifying' as to "the subjects of biological effects on human life . . . ," Defendants state that current or former employees testifying on behalf of Johns-Manville before governmental committees or administrative agencies, include, but are not necessarily limited to the following; F. L. Pundsack F. H. Nay : T. H. Davidsoa, M.D. P. Kotin, M.D. J. A. McKinney E. M. Fenner H. B. Moreno J. B. Jobe G. E. Parker D. H. Harkusson Defendants object to the balance of this Interrogatory on the grounds that the same is totally unlimited in time, burdensome, oppressive and purports to seek the disclosure of information neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence -43- Defendants furQsr object to identifying ) requested documents on the grounds that the same ate a matter of public record/ equally available to Plaintiffs. 80. For all- testimony set forth above, please identify: a) the dates and descriptions of the proceedings; b) the relationship between the person who testified or responded and you; c) all studies, test results or other scientific or medical documents relied upon by said person as a basis for any recommendation made or testimony given; d) whether at any time prior to or following such testimony you possessed knowledge of documents suggesting that existing or proposed threshold limit values were not safe or proper or that lower threshold limit values were necessary, in order to prevent disease; as to this response, please identify the origin of the knowledge and all documents relating thereto; e) whether at any time prior to or following such testimony you were aware that the proper method for determination of safe levels of asbestos dust was to test concentrations of fibers in the air rather than the total number of particles. If your.answer is in the affirmative, identify the origin of said knowledge and all documents relating thereto. LH.SH.lSi Not applicable. See Rnswer to Interrogatory No. 79. . 81. What do you understand "threshold limit value" to mean? LBLSEEEi Defendants object to this Interrogatory on the grounds that Defendants' description and definition of threshold limit value is meaningless in that.said term has been well-defined by.agencies and bodies promulgating such threshold limit value. 82. What do you understand "dose response relationship" to mean? MSHESi Defendants object to this Interrogatory on the grounds that Defendants' description and definition of dose response relationship is meaningless in that the same has been well-defined by experts in the medical and scientific literature* o O- 83. What is being measured when you take* the aa asurement of threshold limit value as you define it? iSSSMi Defendants object to this Interrogatory on the grounds that the threshold limit value speaks for itself as to the technical interpretation and application of such standard. 84. Did you advertise any of your asbestos-containing products for use on ships or navy vessels? ANSWER; Yes. 85. If the response to Interrogatory No. 84 was yes; please state a) the name of the product; b) in what years you advertised the product; c) the intended purpose of the product. ANSWER: Johns-Manvllle has bean in business for a period of time in excess of 100 years. During this period, many products manufactured by Johns-Hanville for use on ships or Navy vessels have been advertised in numerous technical publications and other periodicals. Unless Plaintiffs can show a particular relevance of a given product or advertisement or advertisement scheme to this case. Defendants object to this Interrogatory on the basis that it would, require extensive investigation and research, which is unduly burdensome and oppressive. In addition, the discovery of such advertisements in the various technical publications and periodicals can be obtained as easily by Plaintiffs in a search of these technical publications and periodicals. 86. Did you design any asbestos-containing products for use on ships or navy vessels? If so, please state a) the name of the products; b) the year of their design; c) the manufacturer; d) the intended use. ANSWER: Investigation is ongoing for the determination of who designed asbestos-containing products produced by JohnsHanville for use on ships and Navy vessels. In addition. Defendants state that because the design of such products occurred -45- o... o .many years ago records o the same may,, in fact, no longer exist. To these Defendants' knowledge, no products produced by other manufacturers were, designed by these Defendants. 87. Did you sell any asbestos-containing materials to the: a). United States government? b) General Services Agency? c) United States Navy? d) any naval shipyard? e) any shipyard? ANSWEft: (a) Defendants object to this subpart on. the grounds that the same is overly broad, burdensome, oppressive and purports to seek the' disclosure of information neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence; Sales by Defendants to government agencies are generally listed under that particular- agency's name and without Plaintiffs supplying-the names and addresses of specific entities. Defendants would be required to search 'through thousands of documents unrelated to the issues in the case at bar. - (b-c) Defendants are unable to answer this subpart without Plaintiffs first furnishing applicable addresses for these agencies. Absent such a reference to a location. Plaintiffs are requesting information for any sales to General Services Administration and the O.S. Navy at any location in the United States, which places an unconscionable burdeon on thase Defendants. In addition, Plaintiffs furnishing of addresses will facilitate access to tha applicable records. (d-e) Defendants are unable to answer this subpart without Plaintiffs first furnishing applicable names and addresses for such shipyards. Absent such a reference to a specific shipyard,-Plaintiffs ara requesting information for any sales to any shipyard anywhere in the United States, which places an unconscionable'burden on these Defendants. In addition. Plaintiffs' furnishing of specific names and addresses of such shipyards will facilitate access to the applicable cecords. -46- , W ft 88. Do you ever conduct any dust studies in any of your asbestos product manufacturing facilities? If so, please state: a) the date of each such study; b) the person conducting the study; c) the result or conclusion; d) who presently has possession of the report dr study ANSWER; Defendants have for many years conducted industrial hygiene testing in their plants to ascertain levels of asbestos dust. Defendants object to furnishing the information requested concerning all such tests on the grounds that the same would entail thousands of documents which would require hundreds of manhours to accumulate and review and, as such, is unduly burden some and is neither material nor relevant to any legitimate issue at bar nor reasonably calculated to lead to the discovery of material, relevant or admissible evidence in the instant case. Dated t day of August, 1982 WALKER, PALMER & MILLER, P.A DDoouuggialf^e^6MM. .MMartin ATTORNEYS FOR DEF]ENDANTS JOHNS-MANVILLE CORPORATION, JOHNS-MANVILLE SALES CORPORATION AND JOHNS-MANVILLE AMIANTE CANADA 2700 Wachovia Center Charlotte, North Carolina 28285 704/377-5700 v 47' PRODUCT EXHIBITm4Anfi u Date Manufactured Date Discontinued Block 85% Magnesia SUPEREX-M SUPEREX 1900 SUPEREX 2000 SUPEREX-SG THERMOBESTOS MIN-K 500 MIN-K 1301 MIN-K 2000 SONITE Pipe ASBESTOCEL (aircell) ANTI-SWEAT 85% Magnesia 'SUPEREX-M SUPEREX 1900 THERMOBESTOS Silicated THERMOBESTOS METAL-ON Sheets ASBESTOCITE FLEXBOARD 102 Asbestos Millboard 106 Asbestos Millboard 106B Asbestos Millboard 106H Asbestos Millboard C. Asbestos Millboard 219 Asbestos Millboard XXX Asbestos Millboard Type A Asbestos Millboard 101 Asbestos Millboard 103 Asbestos Millboard 105 Asbestos Millboard Board Flat TRANSITE MARIN1TE 36 MARINITE 65 Veneered MARINITE. Metal Veneered MARINITE TRANSITE Acoustical Panel DEKERAN TRANSITE Core Plate REEFERITE Imperial MARINITE Marine Veneer Marine Acoustical Unit MARINITE 23 MOLTEN METAL MARINITE Heat Treated MOLTEN METAL MARINITE (Now known as MOLTEN METAL MARINITE) MARINITE 30 MARIMET 45 PALLITE Submarine Bulkhead 1902 1930 1922 1971 1969 1939 1958 1958 1959 1969 1902 1903 1902 1930 . 1922 1939 1966 1959 1927 1927 1911 1918 1918 1918 1918 1918 1918 1918 1911 1911 1929 1930 1955 1955 1955 1951 unknown 1970 1938 ' 1950 1957 1938 1961 1955 1962 1966 1949 1970 1937 1963 1970 ' 1970 1971 1972 1972 1973 1974 1974 1974 1974 1965 1965 1970 1970 1972 1973 1973 1973 1975 1975 1980 1980 1980 1980 1980 1980 1980 1980 unknown unknown unknown 1976 1976 1976 1973 1975 1973 1973 1976 1977 1970 1973 1967 ; i j -5 . c ... PRODUCT 0 Date Manufactured Finishes AERTITE INSULKOTE SG INSULKOTE ST INSULKOTE ET 1926 1929 1929 1929 Paper. Felt. Blankets Asbestos Roll FIRE FELT CEILINITE D. C. FLEXSTONE Asbestos FIRETARD #50 Asbestos Weatherproofing Felt Commercial Grade Asbestos Paper FIBROID Asbestos Paper Welding Paper Long Fiber Asbestos Paper High Strength FIBROID Asbestos Paper DOUBLEX Asbestos Paper Non-Burn Asbestos Paper ARMATURO Asbestos Paper MICR0BEST0S 12# Asbestos Tape 15A Asbestos Jacket 45A Asbestos Jacket 7700 Coated Asbestos Jacket NIAGRITE ARP-40 Asbestos Turbine Blanket High Temperature Flexible MIN-K blankets Standard Flexible MIN-K blankets MIN-KLAD Asbestos FIRE FELT ASBESTOS-SPONGE FELT Pan-O-Cel Super FIRE FELT Thermo FIRE FELT Vitribestos Vitro FIRE FELT Asbestos Pipe Blanket Engineers Insulating Tape Asbestos Jelly Rolls White Surface Asbestos Jacket THERMOMAT THERMOWRAP THERMOTAPE 1891 1910 1929 1931 1931 1929 1930 1930 1930 1930 1936 unknown unknown 1959 ' unknown 1931 1931 1931 1953 1951 1963 1963 1958 1891 1890 1924 1925 1924 1907 1924 1898 1926 1930 1931 1963 1951 1951 Sealinq Compounds ALBASEAL DUXSEAL Body Sealer TRANOLSEAL UNISEAL Industrial Vent Caulking Type T NODRSEAL NODRSEAL BRANCHTITE H-NAVASEAL HE -NAVASEAL . Stove Putty SNAP STRAP SEALER RIBBON (METAL-ON JACKETS) 1953 1957 1954 1958 1957 1957 1954 1953 1954 1951 1955 1952 1975 Date Discontinued 1977 1973 1973 1979 1976 1978 1979 1979 1979 1973 unknown 1974 1974 1972 1962 1961 1959 1949 1949 1959 1949 1960 1956 1968 1968 1969 1954 1964 1975 1971 1974 1974 1975 1975 1975 1975 1971 PRODUCT Cements SUPEREX Cement THERMOBESTOS Cement LAPTITE Cement PIREITE Furnace Cement Heat Treating Cement Fibrous Adhesive 302 Cement 352 Cement 301 Cement 450 Cement 500 Cement 85% Magnesia Cement ASBESTOMENT MX-3808 Asbestos Filler THERMOMXX 700 THERMOMIX 720 THERMOMIX 770 Fil insul. 300 Cement 319 Semi-Refractory Cement 678 Semi-Refractory Cement 304 Cement 340 Ce'ment 0352 Cement 400 Cement 364 Cement ASBESTILE Cement FXBROFIL Date Manufactured Date Discontinued 1931 1959 1952 1954 1954 1930 1930 1930 1953 1930 1933 1931 1930 1951 1966 1966 1966 1930 1932 1930 1941 1931 1931 1931 1931 1930 1930 1940 1973 1969 1973 . 1973 1970 1973 1971 1972 1972 1970 1970 1970 1970 1970 1970 1969 1970 1969 1969 1969 1969 1969 1969 1955 1969 04-13-81 o O' EXHIBIT PRODUCT Block 85 % Magnesia Superex-M Superex 1900 Superex 2000 Superex SG Thermobestos Min-K 500 Min-K 1301 Min-K 2000 Sonite . Silicated Thermobestos Pige Asbestocel(Aircell) Anti-Sweat 85% Magnesia Superex-M Superex 1900 Thermobestos Silicated Thermobestos Metal-On Sheets . Asbestocite Flexboard 102 Asbestos Mill- board 106 Asbestos Mill- board 106B Asbestos Mill- board 106H Asbestos Mill- board C Asbestos Millboard 219 Asbestos Mill- board XXX Asbestos Mill- board A Asbestos Millboard 101 Asbestos Mill- board 103 Asbestos Mill- board 105 Asbestos Mill- board Finishes Aertite Insulkote SG Insulkote ST Insulkote ET % ASBESTOS BY WEIGHT 10 10 10 10 Composite (10) 7-12 5 5 5 5 7-12 NA NA 10 10 10 7-12 7-12 7-12 33 33 77 70-80 95 87 62 84 67 48 NA NA NA 15 14 15 7 PRODUCT Paper* Felt, Blankets % ASBESTOS BY WEIGHT Asbestos Roll Fire Felt Ceilinite D.C. FlexstOne Asbestos Firetard #50 Asbestos Weather- proofing Felt Commercial Grade Asbestos Paper Fiberoid Asbestos paper Welding Paper Long Fiber Asbestos Paper High Strength Fibroid Asbestos Paper Doublex Asbestos Paper Non-Burn Asbestos paper Armaturo Asbestos Paper Microbestos 12# Asbestos Tape 15A Asbestos Jacket 45A Asbestos jacket 7700 Coated Asbestos Jacket Niagrite ARP-40 Asbestos Turbine Blanket High Temperature Flexible Min-K Blanket Standard Flexible Min-K Blanket Min-Klad Asbestos Fire Felt Asbesto-Sponge Felt Pan-O-Cel Super Fire Felt Thermo Fire Felt Vitribestos Vitro Fire Felt Asbestos Pipe Blanket Asbestos Jelly Rolls . White Surface Asbestos Jacket Thermomat Thermowrap Thermotape 98 98 35 50 50 95 95 99 88 88 80 95 84 40-97 95 50 50 50 98 60 100 20 20 5 NA NA NA NA NA NA NA NA NA NANA NA NA Sealing Compounds Albaseal Duxseal Body Sealer Tranolseal Uniseal Industrial Vent Caulking Type T Nordseal Nordseal Branchtite H-Navaseal HF-Navaseal Stove Putty 40 66 37-41 38 53 53 50 55 v 50 48 27 . NA PRODUCT Board Flat Tcansite Marinite 36 Marlnite 65 Veneered Marinite Metal Veneered Marinite Transite Acoustical Panel Dekeran Transite Core Plate Reeferite Imperial Marinite Marine Veneer Marine Acoustical Unit Marinite 23 Molten Metal Marinite Beat Treated Molten Metal Marinite Marinite 30 Marinite 45 Pallite Submarine Bulkhead % ASBESTOS BY WEIGHT 36-48 33 55-60 Composite (NA) . Composite (NA) 33 31-33 52 31-37 40 37 33 27 40 40 NA 43 50 NA PRODUCT Cements Superex Cement Thermobestos Cement Laptite Cement Fireite Furnace Cement Heat Treating Cement Fibrous Adhesive 302 Cement 352 Cement 301 Cement 450 Cement 500 Cement 85% Magnesia Cement Asbestoment MX-3808 Asbestos Filler Thermomix 700 Thermomix 720.. Thermomix 770 Fil-Insul 300 Cement 319 Semi-Refractory Cement 678 Semi-Refractory C.ement 304 Cement 340 Cement 0352 Cement 400 Cement 364 Cement Asbestile cement Fibrofil % ASBESTOS BY WEIGHT 10 7-12 10 2 1 18 53 100 15 15-17 18 10 6 52 60 60 60 NA 100 NA NA NA NA NA NA NA NA NA 0 EXHIBIT 0 o LIST OF INSULATION PRODUCTS BY ASBESTOS TYPE Block 85% Magnesia SUPEREX-M SUPEREX 1900 THERMOBESTOS SUPEREX-SG SUPEREX 2000 PIPE 85% Maonesla SUPEREX-M SUPEPEX 1900 THERMOBESTOS METAL-ON . silicated THERMOBESTOS SHEETS ASBESTOCITE FLEXBOARD 102 Asb. Millboard 106 Asb. Millboard C Asb. Millboard 219 Asb. Millboard XXX Asb. Millboard 106B Asb. Millboard 106 H Asb. Millboard . Type A Asb. Millboard BOARD Plat TRANSITE MARINITE 36 MARINITE 65 Veneered MARINITE Metal Veneered MARINITE TRANSITE Acoustical Panel DEKERAN TRANSITE Core Plate REEFERITE Imperial MARINITE Marine Veneer Marine Acoustical Unit FINISHES AERTITE INSULKOTE SG INSULKOTE ST INSULKOTE ET CHRYSOTILE PAPER, FELT/ BLKT. Asbestos Roll FIRE FELT CEILINITE D. C. FLEXSTONE Asbestos FIRETARD #50 Asb. Weatherproofing Felt Commercial Grade Asb. Paper FIBROID Asb. Paper Welding Paper Long Fiber Asb. Paper High Strength FIBROID Asb. Paper DOUBLEX Asb. Paper Non-Burn Asb. Paper ARMATURO Asb. Paper MICROBESTOS 12 lb. Asbestos Tape 15A Asbestos Jacket 45A Asbestos Jacket 7700 Coated Asbestos Jkt. NIAGRITE ARP-40 CEMENTS SUPEREX Cmt. THERMOBESTOS Cmt. LAPTITE Cement FIREITE Furnace Cmt. Heat Treating.Cement Fibrous Adhesive 302 Cement. . 352 Cement 301 Cement 450 Cement 500 Cement 85% Magnesia Cmt. ASBESTO.MENT MX-3808 Asb. Filler Navy 450 Cement 300 E Cement THERMOMIX 700 THERMOMIX 720 THERMOMIX 770 SEALING CPDS0 ALBASEAL DUXSEAL Body Sealer TRANOLSEAL UNISEAL Industrial Vent Caulking . Type T NODRSEAL NODRSEAL BRANCHTITE n-navase'al HF-NAVASEAL AMOSITE BLOCK 85% Maqnesia SUPEREX-M SUPEREX-1900 . THERMOBESTOS SUPEREX-SG MIN-K 500 MIN-K 1301 MIN-K 2000 SONITE PIPE 85% Magnesia SUPEREX-M SUPEREX 1900 THERMOBESTOS BOARD Flat TRANSITE MARINITE 23 MARINITE 36 Veneered MARINITE Metal Veneered MARINITE , MOLTEN METAL MARINITE Heat Treated MOLTEN METAL MARINITE MARINITE 30 MARIMET 45 TRANSITE Core Plate PALLITE CEMENTS 85% Magnesia Cement THERMOBESTOS Cement PAPER, FELT, BLKT. Asbestos Turbine Blkt. High Temperature Flexible MIN-K Standard Flexible MIN-K MIN-KLAD CEMENTS THERMOMIX 810 CROCIDOLITE CEMENTS THERMOMIX 390 MAGNESIUM HYDROXIDE FIBER PIPE ASBESTOCEL (aircell) ANTI-SWEAT UNKNOWN (PROBABLY CHRYSOTILE) SEALING CPD. Stove Putty PAPER, FELT, BLKT. Asbestos FIRE FELT ASBESTO-SPONGE Felt Pan-O-Cel Super FIRE FELT Thermo FIRE FELT Vitribestos Vitro FIRE FELT Asbestos Pipe Blkt. Engineers Insulating Tape Asbestos Jelly Rolls White Surface Asb. Jkt. THERMOMAT THERMOWRAP THERMOTAPE BOARD UNKNOWN CELAMITE SIGMA-K CEMENTS Fil-Insul. 300 Cement 319 Semi-Refractory Cement 678 Semi-Refractory Cement 304 Cement 340 Cement 0352 Cement 400 Cement 364 Cement ASBESTILE Cement FIBROFIL Submarine Bulkhead NOTEt Trade names are capitalized. EXHIBIT O ' BLOCK ' 85% Magnesia - Pipe covering and block insulation was discontinued in 1970. There was no specific replacement but equivalent products are THERMO-12 insulation and SUPEREX insulation. SUPEREX M, SUPEREX 1900, SUPEREX 2000 - SUPEREX block insplation products are manufactured from carefully selected combinations of diatomaceous silica, other types of silica, lime, clays and fibers for reinforcement purposes. Contain no asbestos fibers and are not soluble.in water. Repeated wettings have no effect on this insulation. THERMOBESTOS - A high-temperature insulation for service up to 1200 F; made from lime, diatomaceous silica arid asbestos fiber; furnished in pipe covering and block form, and in quarter sections called quads for 25" through 33" pipe sizes.- ................ MIN-K 500, MIN-K 1301, MIN-K 2000 - A borided insulating material reinforced with fibrous media and containing appreciable quantities of particulate matter of.exceeding fineness. The pore structure of MIN-K insulation is so minute that it has a thermal conductivity lower than the molecular conductivity of still- air. Molded MIN-K insulation is furnished in three standard types: 503, 1301 and 2000. These designations indicate approximately the maximum temperatures for steady state applications. Molded MIN-K insulation has excellent strength, handling ability and vibration resistance, and can be formed to close dimensional tolerances. SONITE - Made of MIN-K insulation and used by the U.S. Navy as an underwater sound insulation. PIPE ASBESTOCEL (aircell) - An inexpensive insulation available in pipe covering, sheets and blocks for temperatures up to 300F. ANTI-SWEAT - A pipe covering for use from 32F to 100F to keep cold water cold and prevent damage from condensation. 85% Magnesia - See 85% Magnesia under BLOCK. SUPEREX M, SUPEREX 1900 - See SUPEREX under BLOCK. THERMOBESTOS - See THERMOBESTOS under BLOCK.' Silicated THERMOBESTOS -- See THERMOBESTOS under BLOCK. METAL-ON - THERMOBESTOS Pipe Insulation with a factory-applied jacket of aluminum; joints are sealed with special aluminum "snap straps" and metal bands. ` ' ' SHEETS ASBESTOCITE - Corrugated asbestos-cement sheets for construction of cooling towers. FLEXBOARD - Made of mineral fiber and cement combined under pressure then hydraulically repressed at 2000 psi for added strength; the laminated FLEXBOARD sheets are tough, durable boards that are easily handled and flexible. Toughness allows storing and handling in the field without unusual precautions. Durability insures life-long dependability and economy. Flexibility provides a wider scope of design opportunities; makes practical curved or contoured surfaces as well as flat surfaces. May be sawed by hand or by mechanical saws and nailing does not require pre-drilling, everi as close as 3/8" from panel edges. Available in standard sizes 1/8" through 1/2 thick, 4'x8', 4'xl0', and 4'xl2' and smooth surface both sides. Can be furnished painted, primed, or with PERMATONE finish. 102',' 106, 106B, 106H, C, XXX, Type A, 101, 103, 105 Asbestos Millboard A sheet or board furnished in standard thicknesses 1/32" to 1/2'1; made from asbestos fiber and various binders; has many industrial uses where protection against heat or fire is required. 219 Asbestos Millboard - A felted sheet packing for sealing flanges, and other parallel surfaces on equipment handling hot combustion gases and similar media, where temperatures, may reach 1000F. Temp eratures to 1000F, and higher (1500-1800) in many special applications. BOARD Flat TRANSITE -Asbestos-cement sheets; incombustible, resistant to. corrosion, heat and weather; also sold as cut pieces, discs, ferrules, rings, rods, and washers. For construction of buildings. For use in construction of nonmetallic process equipment, and as low-voltage electrical insulations, electrical arc barriers and drying trays. MARINITE 36 - Provides the best combination of structural strength, surface hardness (comparable to yellow pine) and insulating value. It is recommended for most applications. The 36 indicates it has a density of 36 pounds per cubic foot. It is available in two types. "Type A has a sanded finish on both sides, and is. recommended for interior use, where painting is not required. Type B sheets are also sanded on both sides, but in addition has an inorganic impregnant, ready for priming, painting or veneering. MARINITE 65 - Is recommended where structural strength and surface hardness are of primary importance. The 65 indicates it has a density of 65 pounds per cubic foot. It is available in two types'^ Type A has a sanded finish on both sides, and is recommended for interios use, where painting is not required. Type B sheets are also sanded on both sides, but in addition has an inorganic impregnant, ready for priming, painting or veneering. Veneered MARINITE - Metal Veneered MARINITE - TRANSITE Acoustical Panel - This product was withdrawan from sale 8/15/74. Composed of a mixture of natural mineral fibers, with synthetic calcium adluinum silicate .and inorganic pigments and fillers which were formed and cured under hydrothermal conditions. DERERAN - This was a strong, durable sheet similar to Marine Veneer, with a white, ceramic-like surface. No longer manufactured as of 9/1/74. TRANSITE Core Plate - Smoothly sanded, hydrothermally cured asbestos cement board especially compounded to support cores properly during drying or baking processes. These sturdy core plates are true and flat at every point. Widely used in the manufacture of castings of brass, aluminum, gray iron, malleable iron and steel. REEFERITE - This was an incombustible corrosion-proof panel composed of a solid aluminum core faced on both sides with J-M Marine Veneer. Dropped from the line on 1/1/74. Imperial MARINITE - -" Marine Veneer - StOng, flexible, fire-resistQt sheets made of asbestos and cement; used for low-maintenance ceilings and wall facings on ships. Marine Acoustical Unit - Rigid units consisting of a sound-absorbing pad adhered to Perforated Marine Veneer. For use as decorative, sound-absorption, fire-resistant ceilings aboard ship. MARINITE 23 - Has the best thermal insulating characteristics, it is recommended where strength and hardness are of secondary importance, in applications where the material is not subjected to direct abuse or where it serves as a core for veneering. The 23 indicates it has a density of 23 pounds per cubic foot. It is available in two types. Type A has a sanded finish on both sides and is recommended for interior use, where painting is not required. Type B sheets are also sanded on both sides, but in addition have an inorganic impregnant, ready for priming, painting or veneering. MOLTEN METAL MARINITE - A board insulation made of amosite asbestos fiber, diatomaceous silica and an inorganic binder. It is an ideal material for feeding and conveying molten metals up to approximately 1350F. Two types: Furnished as MOLTEN METAL MARINITE Board for most uses - with a density of 36 pcf and an average modulus of rupture of 1200 psi, or MOLTEN METAL MARINITE-SG Board, for use only where stronger material with more wear resistance is desired. Heat Treated MOLTEN METAL MARINITE - Can be heat treated for greater life and improved machining characteristics of machined components at approximately 1050F. This removes chemically-combined water from the amosite asbestos fiber and the MARINITE composition itself. It also removes shrinkage that normally occurs up to the highest heat treating temperature (1050F). MARINITE 30 - V MARIMET 45 - A strong, calcium silicate board of 44 pcf density which is uniformly heat treated at 1100 E. to produce an ideal material, for feeding and conveying nonferrous metals to approximately 1800 F. PALLITE - A sheet made from asbestos fiber and inorganic binder; used in drying operations in ceramic plants. Submarine Bulkhead - Corrugated asbestos-cement, bold contour sheets used as bulkhead piling to control erosion along lake shores and inland waterways. FINISHES AERTITE - An asphalt-asbestos coating for troweling over the outside of boiler walls. It is no longer manufactured. INSULKOTE ST and SG - Weatherproofing and vapor barrier coatings for insulations on refrigerated equipment. Insulkote SG is an excellent anti-corrosion coating. INSULKOTE ET - A non water-vapor barrier, non-burning, weatherproof coating for use over insulation where "breathing" is required. PAPER, FELT, BLANKETS Asbestos Roll FIRE FELT - Insulating material made from felted and molded asbestos fiber for temperatures up to 1000 F, furnished in pipe . . covering, sheet and block form; in felted form it comes in 36" wide rolls. CEILINITE - Made from Asbestos Roll Fire-Felt, reinforced on one side with asbestos cloth with a temperature limit of 800F, Used for. an interlining in steel cars, in foreproofing electrical apparatus and for similar services. No longer manufactured. j ] f 1 ! \ 1 !If f D. C. FLEXSTONE - A smooth surfaced or mineralS*urfac3d ready to lay asphalt impregnated asbestos felt. If to be used as an industrial insulation, see Double-Coated FLEXSTONE. Asbestos FIRETARD - A weatherproofing jacket designed for use where resistance to the spread of fire is of primary importance. It is not a stocked item. #50 Asbestos Weatherproofing Felt - An asphalt saturated asbestos felt weighing 32 lbs. per square; used in waterproofing asphalt for work below grade. . Commercial Grade Asbestos Paper - A standard asbestos paper varying in weight from 6 to 32 lbs. per 100 sq. ft. and in thickness from .015" to .0625". FIBROID Asbestos Paper - Similar to Asbestos paper and rollboard, but specially processed for electrical applications. Primarily a base sheet or inorganic carrier for treatment with sielectric resins and varnishes. Welding Paper - Long Fiber Asbestos Paper - Made with high grade long asbestos fiber (minimum fiber content 88%). For use as a thermal insulation; gasketing; base sheet for saturating. High Strength FIBROID Asbestos Paper - Similar to long fiber asbestos paper but specially processed for Class B electrical applications. A base sheet for saturating with electrical varnishes and resins to form a dielectric. DOUBLEX Asbestos Paper - Complete organic, will not burn, char or smoke, has high wet strength. Developed for use as neon sign pattern paper. Also used as liner for foundry funnels and pouring gates. Temperature limit 800F (or 1200F where some embrittlement and loss of strength is not critical). Non-Burn Asbestos Paper - A medium, length fiber paper with high fiber content. Suitable for continuous service at 400F. ARMATURO Asbestos Paper - An asbestos paper integrally reinforced with cotton-scrim cloth; used as an insulation in electrical equipment; temperature limit is 500F. MICROBESTOS - A high grade chrysotile asbestos paper which can be Readily saturated with various resins to provide a very uniform prepeg reinforcing material. When cured, the laminate has very good structural properties. Many applications are also found in the ablative field. The MICROBESTOS A paper has a nominal .010" thickness, is whitish in color, and has an approximate weight of 2.1 to 3.0 lbs. per 100 sq. ft. 12# Asbestos Tape - Woven asbestos tape with pressure-sensitive backing. 15A Asbestos Jacket - ` 45A Asbestos Jacket - 7700 Coated Asbestos Jacket - . O. . o ' LAPTITE Cement - A heavy brushing fibrated cut-back asphaltic cement With a temperature limit of 140F. Used for sealing the laps of weather proof insulation jackets. FIREITE Furnace Cement - This product was furnace cement. No longer manufactured. Heat Treating Cement - A ready-mixed refractory cement for use in the heat treating of high-carbon steel parts; for temperatures up to 2500F. , Fibrous Adhesive - A strong silicate soda and asbestos fiber cement, easily applied and quick drying. Has a temperature limit of 500F. Used for temporary bonding of insulation to brick, concrete, metal or other surfaces as well as for bonding prefab fittings. 302 Cement - 352 Cement - General purpose, all asbestos fiber cement with good troweling and finishing properties. Generally used as a finish over block insulation and for general utility applications. .301 Cement - 450 Cement - Was discontinued in 1971 and replaced by 460 Cement. 460 Cement is a mineral fiber cement with excellent adhesion qualities on cold surfaces. A good insulator, compared with other types of cements, it can be applied in heavy layers. 500 Cement - Was discontinued in 1971 and replaced by 505 Cement. 505 Cement, an expanded vermiculite cement recommended for specialized uses in the metal producing industries. Effectively seals against air infiltration. Particularly adapted to gun application. 85% Magnesia Cement - See under BLOCK. ASBESTOMENT - A refractory powder which when mixed with water produces an outer coating in the fireproofing of electrical cables; usually used with NIAGRITE. MX-3808 Asbestos Filler - . THERMOMIX 700, THERMOMIX 720, THERMOMIX 770 - No longer manufactured. 'Thermomix molding compounds contained a special heat resistant phenolic resin system of the "dry" thpe. Fil Insul - A resilient fill composed of mineral fibers; used for insulating irregular spaces. 300 Cement - . 319 Semi-Refractory Cement - 678 Semi-Refractory Cement - 304 Cement - 340 Cement - 0352 Cement - 400 Cement - 364 Cement - ASBESTILE Cement - A plastic cement made from asbestos, asphalt and other minerals; used with asbestos base flashing, it produces a water-tight flashing system. FIBROFIIi - A mixture of diatomaceous silica and asbestos fibers; used as an insulating fill for irregular spaces. THERMOMAT - A nonwoven long fiber asbestos felt saturated with phenolic resin; no longer manufactured. THERMOWRAP - A pipe insulation made up of a blanket of asbestos fibers held together by asbestos yarns and enclosed in a neoprene-coated asbestos jacket; primarily designed for steam lines on trains; High Temperature THERMOWRAP is designed for use on diesel exhaust lines and in similar high temperature situations. THERMOTAPE - A flexible pipe insulation in strip or roll form made of an asbestos pad in a neoprene coated asbestos cloth jacket; used on . locomotives and cars where sectional insulation cannot be applied effectively. . SEALING COMPOUNDS* * ALBASEAL - A sealing compound for air conditioners and refrigeration equipment. DUXSEAL - Widely used throughout industry in a virtually unlimited number of applications, because of its. unique characteristics. Stays permanently plastic at a heavy putty-like consistency (knife grade) and adheres to any clean surface. May be used on practically any surface. Insoluble in water. Body Sealer - TRANOLSEAL - A sealing compound for use on oil filled electrical transformers. No longer manufactured. UNISEAL - A general purpose sealing compound. Industrial Vent Caulking - Type T NODRSEAL - Plastic, putty-like material for sealing out (or in) air, dust, moisture, etc. Used in refrigeration equipment and general purpose. NODRSEAL - See T NODRSEAL Above. *BRANCH?ITE - Plastic, putty-like material for sealing out (or in) air, dust, moisture, etc. Used in sewer pipe connections. H-NAVASEAL - HF-NAVASEAL - Type H and Type HF are Heat (H) and Heat and Flame (HF) resistantsealing compounds. A practically incombustible sealer for Navy applications. Type HG NAVASEAL Compound is a permanently plastic sealing compound formulated with a chlorinated fluid base. It is light gray-green in color with a slight musty odor and heavy putty-like consistency. Stove Putty - CEMENTS SUPEREX Cement - Was for use with SUPEREX or THERMO-12 pipe and block, insulation for patching, pointing up joints, and covering irregular shapes. It is no longer manufactured. THERMOBESTOS Cement - See THERMOBESTOS under BLOCK. oo exhibit " K ASBESTOS-CONTAINING THERMAL INSULATION PRODUCTS replaced by non-asbestos products Asbestos-Containing Products SUPEREX-M SUPEREX-1900 301 Cement 450 Cement 500 Cement THERMOBESTOS METAL-ON (THERMOBESTOS) SUPEREX-2000 Molded Min-K (500, 1301, 2000) Flexible Min-K (High Temperature & Standard) Sonite : Non-Asbestos Products SUPEREX-1600 SUPEREX-2000 375 Cement . 460 Cement 505 Cement THERMO-12 METAL-ON (THERMO-12) 'SUPEKEX-2000AF* Molded Min-K (500, 1301, 2000) Flexible Min-K (High Temperature & Standard) Sonite *AF later dropped, making product name SUPEREX-2000. Date 1973 1971 1971 1972 1972 1972/73 1972/73 1972 1973/74 1973/74 1973/74 Revised 10/80 i oo AFFIDAVIT STATE OF COLORADO ) COUNTY OF JEFFE&SON j 8s: R. B. VON WALD being duly sworn according to law deposes and says he is Corporate Counsel of JOHNS-MANVILLE CORPORATION and Vice President of JOHNS-MANVILLE SALES CORPORATION, a defendant in this action, that he is authorized to make this Affidavit on its behalf and that the facts set forth in the foregoing pleading have been supplied to him by others upon whom he relies and are true and correct to the best of his knowledge, information and belief. Sworn and subscribed to before me th&s M' day QfVVvvjdvvJaJX . 1982. My Commission Expires P.O. Box 5723 Denver, CO 80217 R. B. VON WALD oc CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a copy of the foregoing ANSWERS TO DEFENDANTS JOHNS-MANVILLE CORPORATION, JOHNS-MANVILLE SALES CORPORATION AND JOHNS-MANVILLE AMIANTE CANADA TO PLAINTIFFS' STANDARD INTERROGATORIES has been duly served by mailing a copy thereof, postage prepaid, deposited in the United States mail, to^all counsel of record.