Document pBVjX3yjEVx5vj0QJO5ZOm1eX

L.xTED STATES DISTRICT COURI FOR 1 HE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION , PlAINTOT'S EXHIBrr ' JM-2478 JOHN D. MC DANIEL, et al, Plaintiffs, vs. JOHNS-MANVILLE SALES CORPORATION, et al, Defendants. ) ) ) ) ) NO. 77 C 3534 ) ) ) ) ) ANSWERS OF DEFENDANT, JOHNS-MANVILLE SALES CORPORATION TO PLAINTIFFS' INTERROGATORIES TO ALL ATTORNEYS OF RECORD: In accordance with the provisions of Rule 33* Federal Rules of Civil Procedure, Johns-Manville Sales Corporation, hereby answers the Interrogatories of Plaintiffs served on Defendant's counsel. Defendant reserves the right to amend or supplement its answers, if it finds that inadvertent omissions or errors have been made, or if additional or more accurate information becomes available that is required to be provided by the Federal Rules of Civil Proce dure . 1. State the types of asbestos which were used and processed at the Waukegan, Illinois plant from 1946 up to the present date and with respect to each type of asbestos listed, state the following: (a) The name and address of the person or organization who supplied the asbestos. (b) The quantities of each type of asbestos supplied by each person or organization annually during the period 1946 to the present date. ANSWER: f' Defends. does not possess records ack to 19^6 but states that asbestos types amosite, chrysotile and crodidolite have been used at the Waukegan plant over the years. (a) Attached As Exhibit A is a list of vendors who have supplied asbestos over the years to Johns-Manville locations. At present, it is not possible to state which vendors sold to the Wau kegan location. Defendant will continue to search its records and will supplement this Interrogatory accordingly. In addition to the vendors listed on Exhibit A, fiber was supplied by the Canadian Johns- Manville Company mine in Asbestos, Quebec. (b) Defendant objects to furnishing all quantities of fiber ever purchased, as the same is overly burdensome. Defendant is unable at this time to determine the exact quantities used at the Waukegan plant but will continue to search its records and will supplement this Interrogatory accordingly. (c) Unknown as to the vendors listed on Exhibit A. Fiber has been packaged in the following manner by Canadian Johns-Manville Company: jute, valve paper, jute and polyethylene, woven polyethylene, pressure-packed multi-walled Kraft paper and polyethylene film. (d) Unknown as to the vendors listed on exhibit A. As to Canadian Johns-Manville Company: Defendant placed warning notices on the packaging of its asbestos fiber. The warning labels and the dates of use are as follows: CAUTION THIS BAG CONTAINS ASBESTOS FIBER. PERSONS EXPOSED TO THIS MATERIAL SHOULD USE ADEQUATE PROTECTIVE DEVICES AS INHALATION OF THIS MATERIAL OVER LONG PERIODS MAY BE HARMFUL. ^TTi?69-i972) 1 r'flnTTnw ^rrrrrr^"-^--r~ ~ .--r i c Use of warn:, a fabels was commenced dui g 1969. The label f- presently in use is 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. Defendant also places this warning on all bags containing asbestos fiber in five additional languages; i.e., French, Dutch, German, Spanish and Japanese. 2. State whether any asbestos used or processed at the Waukegan plant was purchased or acquired from the General Service Adminis tration or any branch or agency of the United States Government during the period 1946 to the present date. If the answer is in the affir mative, state: (a) The name and address of the agency which supplied the asbestos . (b) The types of asbestos supplied. (c) The quantities of each type of asbestos supplied an nually during the period 1946 to the present date. (d) The means of packaging. _- (e) The health warnings, if any, which accompanied each shipment of asbestos and indicate when said warnings were first made part of the shipments. ANSWER: fDe'fend ant has purchased fiber from the General Services Administration but it is unknown at the present time whether or not 'any of this fiber was utilized at the Waukegan plant. Defendant will continue to search its records and will supplement this Interrogatory accordingly. (a)-(c) See Answer to Interrogatory No. 2 above and Exhi bit B attached hereto for purchases made by Johns-Manville. (d)-(e) Unknown. 3- Has defendant purchased asbestos from Cassiar Asbestos Cor poration, Ltd., which was used or processed at the Waukegan plant H n n i r rt Vi nav> i aH 1 O Jl A un fn Vi o nroconf Hof.o9 T f anqi.ror tc t n f* Vio Cassiar Asbestos Corpo. ation, Ltd. annually durin^ the period 1946 to the present date. (c) The means of packaging. (d) The health warnings, if any, which accompanied each shipment of asbestos and indicate when said warnings were first made part of the shipments. ANSWER: Defendant has purchased fiber from the Cassier Asbestos Corp.,Ltd. but it is unknown at the present time whether or not any of this fiber was utilized at the Waukegan plant. Defendant will continue to search its records and will supplement this Interrogatory accordingly. (a)-(c) See Answer to Interrogatory No. 3 above and Exhi bit C attached hereto for purchases made by Johns-Manville. (d)-(e) Unknown. 4. Has defendant purchased asbestos from General Mining and Finance Corporation, Ltd., Republic of South Africa, which was used or processed at the Waukegan plant during the period 1946 to the present date? If answer is in the affirmative, state: (a) The type of asbestos used or processed. (b) The quantities of each type of asbestos supplied by General Mining annually during the period 1946 to the present date. (c) The means of packaging. (d) The health warnings, if any, which accompanied each shipment of asbestos and indicate when said warnings were first made part of the shipments. ANSWER: Defendant has purchased fiber from the General Mining & Finance Corp., Ltd. but it is unknown at the present time whether or not any of this fiber was utilized at the Waukegan plant. Defendant will continue to search its records and will supplement this Interro gatory accordingly. (a)-(c) See Answer to Interrogatory No. 4 above and Exhi- (a) The typ of asbestos used or proce ed. (b) The quantities of each type of asbestos supplied by Cape Asbestos annually during the period 1946 to the present date. (c) The means of packaging. (d) The health warnings, if any, which accompanied each shipment of asbestos and indicate when said warnings were first made part of the shipments. ANSWER: Defendant has no recrods indicating any purchases from Cape Asbestos, Ltd. However, it does show purchases from Cape Blue Mines (Pty.), Ltd. and will furnish those records if Plaintiff refers to Cape Blue Mines (Pty.), Ltd. rather.than Cape Asbestos, Ltd. 6. Has defendant purchased asbestos from Egnet, Ltd., Republic of South Africa, which was used or processed at the Waukegan plant duirng the period 1946 to the present date? If answer is in the af firmative, state: (a) The type of asbestos used or processed. (b) The quantities of each type of asbestos supplied by Egnet, Ltd. annually during the.period 1946 to the present date. (c) The means of packaging. (d) The health warnings, if^any, which accompanied each shipment of asbestos and indicate when said warnings were first made part of the shipments. ANSWER: Defendant has purchased fiber from the Egnet, Ltd. but it is unknown at the present time whether or not any of this fiber was utilized at the Waukegan plant. Defendant will continue to search its records and will supplement this Interrogatory accordingly. (a)-(c) See Answer to Interrogatory No. 6 above and Exhi bit E attached hereto for purchases made by Johns-Manville. (d)-(e) Unknown. Dated this ' day of, 1978. ma nnny TnwM<?nM a. rtvzi\rv t Tn Advocate Mines, Ltd. Baic Verte Newfound land AOK 1B0, Canada Asbestos Corporation, Ltd. Asbestos Investment (Pty) Ltd. / \D ' Asbestos Pty. Ltd. Atlas Asbestos Company Box 805 Coalinga, CA 93210 Beith, John (S.A.) Pty. Ltd. Bell Asbestos Mines, Thetford Mines P. 0. Box 99 Quebec, Canada Ltd. British Metal Corp. ^ Calaveras Asbestos Ltd. 4 ; P. 0. Box 127 Copperopolis, CA 95228 A'' Cape Blue Mines (Pty) Ltd. c/o North American Asbestos Corporation Cassiar Asbestos Corporation Ltd. 2000 Guinness Tower 1055 West Hastings Street Vancouver, B.C., Canada V6E 3V3 Central Asbestos Co., Ltd. ; ^ c/o Special Asbestos Co., Inc. \/ L Colonial Sugar Refining Co., Ltd. EGNEP, (Pty) Ltd. ) v 22 Rissik Street P. 0. Box 8 6*1 M Johannesburg, So. Africa Flintkote Building Products Group P. 0. Box 151 Ravenna, OH *1*1266 General Mining & Finance Corporation, c/o Special Materials, Inc. 3628 West Pierce Street Milwaukee, Wisconsin 53215 Ltd. General Services Administration United States Government 2000 "L" Street NW, Rm 602 Washington, DC 20036 Gibbs, Antony & Co., Ltd. > Holt, John & Co. Hooker Chemieal Company 3^5 Third Street Niagara, NY 1'J302 Kurman Marlime Chrysotile Asbestos Corp Ltd . , '<5) Metate Asbestos Corporation North American Asbestos Corporation 150 North Wacker Drive Chicago, IL 60606 Norca Corporation Pacific Asbestos Corporation ! Petrow, C. J. & Company Porter, H. K., Company \ Portei- Building (J 601 Grant Street a Pittsburgh, PA 15219 r >./>) Raw Asbestos Distributors v> Rhodesian Asbestos, Ltd . S. A. Asbestos Trading (Pty) Ltd. Everite House ' 20 Dekorte St. : P. 0. Box 8163, v- Johannesburg, So. Africa V/0 Soyuspromexport (USSR) Special Asbestos Company, Inc. 2628 West Pierce Street Milwaukee, Wise. 53215 Turner & Newell Ltd. Turners Asbestos Fibres, Ltd. y i Watson, Geach & Company, Inc. r vknuor ha_mh Cassiar Ashes l or. Corporation, Ltd. 2000 Guinness Tower 1055 West Hastings Street Vancouver, B.C., Canada V6E 3V3 YEAR 1977 TYPE/GRADE FIBER Cassiar A Cassiar AK Clinton CT Clinton CZ QUANTITY (TONS) 180 3,000 5,500 2,000 VENDOR NAME Cone m l Mining f, Fin.met' Corporation, c/o Special Materials, Inc. 3628 West Pierce Street Milwaukee, Wisconsin 53215 Ltd. YEAR 1976 1977 ilL'il'R FS Blue ML6 Blue L6 Blue MI,6 Blue QUANTITY (TONS) 10.8 8,306 500 3,306 vendor name Egnep (Pty), Ltd. 22 Rissik St. P.O. Pox 8644 Johannesburg,South Africa YEAR 1953 1953 1953 1953 1953 1954 1954 1954 1954 1955 1955 1955 1956 1956 1956 1957 1957 1957 1957 1958 1958 1959 1959 1960 1960 1962 1962 1963 1963 1.964 1964 196 5 1965 1966 1967 1967 1967 1968 1968 1968 . TYPE/GRADE EIDER Amosite K-3 Amosite M-D Amos i to W-3 Amosite D-3 Amosite S-W Amosite D-3 Amosito W-3 Amosite D-ll Amosite M-D Amosite M-D Amosi to W-3 Amosite D-ll Amosite M-D Amosite W-3 Amosite DCW ' Amosite DX Amosite MD Amosi to D-3 Amosite W-3 Amosite MD Amosite W-3 Amosite M-D Amosite W-3 Amosite M-D Amosite W-3 Amosite M-D Amosite W-3 Amosite W-3 Amosite MD Amosite W-3 Amosite MD Amosite. W-3 Amosite D-ll Amosite W-3, D-ll Amosite W-3 Amosite M Amosite D-ll Amosite W-3 Amosite M Amosite D-ll QUANTITY (TONS) 554 1,41.8.9 1,332.55 928.5 200 1,500 1,094 750 1,250 1,400 1,479 950 683.50 1,2 55 150 100 742 750 1,933 1,500 2,500 800 3,900 1,240 2,650 1,100 1,950 2,300 1,450 1,800 1,080 2,100 240 3,700 2,530 220 360 2,770 640 360 vendor^ hami:; Eqnop (Pl.y) , I.Id. YEAR 19 f) 9 1969 1969 197 0 197 0 1970 1971 1971 1971 1974 1975 TYPE/GRADE EJBER Amosite M Amosite D-ll Amosite W-3 Amosilo M Amosite W-3 Amosite D-ll Amos i. to M Amosito W-3 Amosite D-ll S-ll Amosite S-ll Amosite S-ll/65 Amosite QUANTITY (TONS) 400 360 2,350 16 9 3,37 9 450 3 66 2,490 320 3,392 ].R AFFIDAVIT STATE OF COLORADO COUNTY OF JEFFERSON I X ss. X D. H. MARKUSSON, being duly sworn according to law, deposes and says that he is 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 are true and cor rect to the best of his knowledge, information and belief. Sworn and subscribed to before * ine 'this \ 1978 . day of July,