Document peoZBjBx2jE4bQ03eomv4v3V6

FILE NAME Kaiser Gypsum KG DATE 1992 DOC KG044 DOCUMENT DESCRIPTION Legal - Amended Responses 4 IN RE ALL ASBESTOS PERSONAL INJURY OR DEATH CASES FILED OR TO BE FILED IN DALLAS COUNTY TEXAS 7) IN THE DISTRICT COURT S S DALLAS COUNTY TEXAS 160TH JUDICIAL DISTRICT DEFENDANT KAISER GYPSUM COMPANY INC.'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION TO DEFENDANT SUBJECT \e TO AND WITHOUT WAIVING SPECIAL APPEARANCES PRESENT MOTIONS OBJECTING OBJECTING JURISDICTION TO Plaintiffs by and through their attorneys of record Silber Pearlman Worthington and Bruegger 1000 Highland Park Place 4515 Cole Avenue LB 34 Dallas Texas 75205-4185 Now Comes Kaiser Gypsum Company Inc. Kaiser Gypsum Defendant subject to its now pending and any future special appearance to present motions objecting to personal jurisdiction and files this its Amended Responses and Answers to Plaintiffs Master Set of Interrogatories and Request for Production to Defendant Subject to and Without Waiving Special Appearances to Present Motions Objecting to Jurisdiction Respectfully submitted DAVID State R. SEIDLER Bar No. 18000500 GRACEY RATLIFF MA SHANNON GRACEY RATLIFF & MILLER L.L.P. 2200 First City Bank Tower 201 Main Street Fort Worth Texas 76102-9990 817 336-9333 Fax 817 336-3735 ATTORNEYS FOR DEFENDANT GYPSUM COMPANY INC KAISER DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFSfi MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the document has been forwarded to attorney for Plaintiffs mail return receipt requested and that the document by has foregoing certified been made VE 7 DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 2 C ve xg PRELIMINARY STATEMENT AND OBJECTIONS A. ORIGINAL STATEMENT Subject to and without waiving its current or future special appearances Defendant Kaiser any Gypsum makes this preliminary statement and objections Defendant Kaiser Gypsum currently has special appearance motions pending in twelve cases involving over 100 plaintiffs in Dallas County Eight of these cases involve numerous plaintiffs who are Oregon or Washington residents Each and every objection response ormatter contained in these amended responses and answers is made strictly subject to and without waiving any pending special appearance motion To the extent that Kaiser Gypsum is named and served as a party in future cases venued in Dallas County these interrogatory responses shall also be subject to and without waiving any future special appearance motions Defendant Kaiser Gypsum expressly objects to each and every discovery request to the extent that it seeks any information in those cases wherein a special appearance is pending requests are not related to any to lead to the discovery of appearance hearing for the reason that such discovery special appearance motion or likely evidence admissible in a special Defendant Kaiser Gypsum also is involved in four cases involving plaintiffs who are Dallas residents in which Kaiser - _ Gypsum's special appearance motion has been denied Kaiser Gypsum objects to each and every discovery request to the extent it is unrestricted as to time and geography on the grounds that such requests are unreasonably burdensome and not reasonably related to discovery of evidence related to such claims Kaiser Gypsum records disclose that it made some sales of two containing products to customers located in Texas from 1961-71 See response to Interrogatory No. 6 infra Kaiser Gypsum's responses herein are limited to Therefore information concerning products manufactured by Kaiser Gypsum during that time period Kaiser Gypsum has not conducted manufacturing or sales operations in the United States since 1978 some fourteen years ago All Kaiser Gypsum facilities that manufactured products including some containing products were sold to non- affiliated third parties Accordingly Kaiser Gypsum has no current employees with detailed personal knowledge concerning its former production and sales of containing products particularly with reference to any products that could be the subject of lawsuits in Dallas County The responses herein are based on review of retained Kaiser Gypsum records and information provided by former Kaiser Gypsum employees In this connection it DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 3 should be noted that Kaiser Gypsum has not been sued in Texas in asbestos injury cases until recently and consequently research in company records related to Texas sales was begun only recently Kaiser Gypsum has and will continue to use its best efforts to provide answers based knowledge of former employees who on its current knowledge the are accessible to it and such company records and documents as have been retained Kaiser Gypsum will supplement these responses on a continuing basis as additional information becomes available to it in the course of further research into company records and upon inquiry of former Kaiser Gypsum employees who may be knowledgeable on any of the subject areas B. BACKGROUND OF THE AMENDED RESPONSE After Kaiser Gypsum filed and served its original responses to these interrogatories on May 29 1992 plaintiffs counsel brought a motion to compel further answers The basis for the motion was plaintiffs contention that Kaiser Gypsum must provide information as to all of its products that ever contained asbestos as an ingredient not just those sold to customers located in Texas Plaintiffs filed this motion despite the fact that Exhibit A to Kaiser Gypsum's original answers provided information as to all products In compromise to plaintiffs motion to compel Kaiser Gypsum by letter dated June 19 1992 attached hereto as Exhibit C agreed to provide amended responses incorporating certain information regarding all of its products that used asbestos as an ingredient The interrogatories to which this information is relevant are listed below Kaiser Gypsum's agreement to provide these amended responses was made without waiving any objections Kaiser Gypsum has to any of these interrogatories Accordingly Kaiser Gypsum's Amended Response provides additional information in response to Interrogatory Nos 4-7 12 14 16 20 21 31 41 42 51 and 52 as they relate to all containing products manufactured by Kaiser Gypsum GENERAL OBJECTIONS 1 Defendant Kaiser Gypsum objects to each and every discovery request to the extent that it requires Defendant to search through all corporate documents or all corporate documents relating to asbestos for the reason that such requests are clearly overbroad unduly burdensome exceptionally expensive and not reasonably related to the discovery of evidence relevant to the claims of plaintiffs claiming injury arising out of alleged exposure to Kaiser Gypsum products in Texas C DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE4 ~ a 2. Defendant Kaiser Gypsum objects to definition number 6 | for the reason that the term contain was not changed to the word contained as ordered by Judge Whittington on January 17 1992 3. Defendant Kaiser Gypsum 60 61 62 and 63 for the reason not in the proposed master set of no opportunity for objections was objects to Interrogatories No. that such interrogatories were interrogatories and therefore presented to defense counsel Defendant objects to this unilateral and blatant attempt circumvent the procedure set forth by Judge Whittington of 160th District Court In addition Defendant objects to the to identifying expert and fact witnesses in a master set of discovery as requested in Interrogatories No. 60 and 61 when these witnesses are unique to each case 4. Defendant Kaiser Gypsum objects to the master set of interrogatories to the extent that they seek matters privileged under the Texas Rules of Civil Procedure and Texas Rules of Evidence including but not limited to information and matters presented by the attorney privilege and attorney work product exemption 5. Defendant Kaiser Gypsum objects to the 22 definitions set forth at the beginning of the interrogatories as an improper attempt to give meanings to ordinary English language words that are contrary to their accepted meanings and which render the interrogatories ambiguous clearly overbroad or unduly burdensome to answer Defendant expressly incorporates each and preliminary objection into its response to each request for production every general interrogatory and and DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 5 DEFINITIONS As used in this set of Interrogatories Production the following terms mean and Request for 1. The words Defendant You Your Your company all mean the corporate Defendant separately answering these Interrogatories and any of its merged consolidated or acquired predecessors divisions subsidiaries foreign subsidiaries foreign subsidiaries of predecessors and affiliates known to have mined manufactured sold marketed utilized or distributed asbestos or containing products or that incorporated asbestos or containing products into ships or other going vessels This definition includes present and former officers directors agents employees and all other persons acting or purporting to act on behalf of the corporate Defendant or its predecessors subsidiaries and affiliates known to have mined manufactured sold market or distributed asbestos or containing products Predecessors further means any business firm whether or not incorporated which had all or some of its assets purchased by you or came to be acquired by you whether by merger consolidation or otherwise known to have mined manufactured sold marketed utilized or distributed asbestos or containing products Subsidiaries further means any business firm whether or not incorporated which is or was in any way owned or controlled in whole or in part by Defendant or its predecessors and which is known to have mined manufactured sold marketed utilized or distributed asbestos or asbestos- containing products Defendant is required to produce a schematic or diagram detailing its subsidiaries predecessors and divisions that would be included in the above definition See Request for Production No. 2 The words document documents written materials or printed matter include any written printed recorded or graphic matter photographic or videographic matter or sound reproductions or computer input or output including but not limited to contracts notes rough drafts office memoranda reports research materials logos diaries calendars bank statements tax invoices diagrams studies manuals minutes laws articles of incorporation resolutions shareholder endorsements or partnership documents however produced or reproduced that 1 are now or were formerly in the possession custody or control of the Defendant including documents at any time in the possession custody or control of their subsidiaries whether domestic or international or merged or acquired predecessors or 2 are DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 6 C C C ^' rod oo known or are believed to be responsive to these Interrogatories regardless of who now has custody possession or or formerly had control 3 The word person or persons include natural partnerships associations joint ventures persons firms corporations and any other form of business organization or officers directors shareholders arrangement and employees agents and contractors of any business organization or arrangement 4 The words meeting or meetings may mean any coincidence pprreesseennccee woa fs any persons whether or not such coincidence o or r arranged was formal or informal or was in connection with some other activity | 5 The words describe or place thing or occurrencdeesmcerain pttoioidnentwihfeyn wrietfhersruifnfgictioenta particularity the place thing or occurrence so as to enable one to locate examine and fully comprehend or understand the place thing or occurrence described 6 The words product containing asbestos fibers asbestos- containing products asbestos products all refer to products or materials prepared in any way for sale any distribution that contained any kind of asbestos and in possible form The words asbestos materials refer to any and all materials substance or matter used or any fabricated during the manufacture of a producatsseamnbdledthaotr contain at least some asbestos fibers Product but is not limited to pipecovering turbines cemenitncblluodceks gaskets packing plaster joint compound floor and tiles mastics boilers raw fibers fireproofing ceiling shingles panels sheets boards millboard refractory cement boilers firebrick brake and clutch linings finishing compound tinesxutluarteioanndmaottehreiralcsonstruction buildings drywall lath and 7 The words design changes and modifications alterations in the makeup and components of a mean product including but not limited particular amount or to variations in the type of asbestos used in the process of manufacturing the product 8 The words releasing products to the public means distributing marketing or otherwise selling be available to the causing the products to general public and resale and wholesale outlets for sale 9 The words distribute n distributed " distributor and distribution all refer to the sale marketing dispersal and shipment of containing products for purposes DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 7 10 of their sale resale and for purposes of filling orders provided by other business concerns The word distributor specifically refers to a company or its sales representatives whether dependent or independent responsible for sales or marketing of products The words marketed and market mean and efforts to assist in the distribution and sale More generally these terms refer to only efforts or the part of manufacturers or distributors otherwise distribute products include all of products on your part to sell or 11 The words medical advisory capacity refer to the duties abilities or capabilities of any member of Defendant's staff or any individual or organization who has contracted with Defendant to provide services of a medical nature but not limited to providing medical advice including 12 The words trade organization or trade association mean any organization or associations of business or industrial entities that are associated and meet for the purpose of achieving common goals and exchanging information related to common needs or interests and learning information or facts of interest to the various members of the organization or association C 13 The word plant means a manufacturing or assembly facility where products are assembled manufactured constructed fabricated or where component parts materials substances or matter of such products are fabricated assembled or manufactured or are prepared for further fabrication and assembly 14 15 16 The word manufacture or manufactured means to fabricate to construct to assemble prepare for fabrication or assembly or any other action taken prior to completion of the product or material before the time of its shipment The word resale means the sale of a finished product or products previously purchased by your company from another company either with or without alterations changes or modifications to the product prior to the sale by your company The words sales materials or written sales materials mean any and all documents or literature that were created or printed for the the marketing or distribution of of a promotional nature purpose of assisting in the products Such documentation may include but is not limited to sales invoices order slips and other written indicia of orders received and sales made DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 8 N 17. The words rebranding agreement mean an f whereby one party to the agreement is provaigdreedempernotduocftsanybykithned upon then the products either by repackaging or proceed to sell market distribute otherwise and product in the steam of and place the names commerce utilizing its new brand 18 19 20 21 The words research and research department refer to efforts whether different types scientific or otherwise of products processes to develop new or or designs of existing products and is meant to incorporate all efforts prethat specifically contemplated the possible alteration of products The words medical department refer to an individual or a section or group of individuals working for Defendants either directly or in a contractual capacity whose purpose was or is to provide guidance assistance or advise aspect of medical health including but not licmointceedrnt inog tahney safety of Defendant's workers and the safety of individuals using products manufactured by the Defendant The words industrial hygiene surveys means surveys tests interviews or other procedures taken or effectuated for the purpose of determining the possibility or existence of detrimental effects caused by Defendant's products on the health of Defendant's workers and potential anticipated and known end users of Defendant's products The words potential health hazards or health hazards refer and relate to any injury effect damage scarring wound impairment or disability of any part of the human anatomy linings asbestos including but not that is caused by dust and fibers limited to the lungs and lung or associated with exposures to 22 The terms test and testing are used in their broadest sense including but not limited to studies of atmospheric dust samples studies of the concentration of asbestos in such airborne test sample studies of the lung conditions of workers by ray or other means of medical surveillance pulmonary function studies of workers animals studies pathological studies industrial hygiene studies risk assessment studies benefit analyses and any other studies on the product concerning health and safety required by any governmental agency waa DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 9 CC _ a Wgae INTERROGATORY NO 1 INTERROGATORIES State the name address job title length or time by Defendant and a year list of all other employed titles or jobs held when working for Defendant of positions has supplied any information used in each person who interrogatories answering these ANSWER Subject to Defendant's special appearance and preliminary and general objections and without waiving same Melissa A. Youngman 1333 N. California Boulevard Walnut Creek California 94596 Secretary and Treasurer 10 years Secretary since 1988 Assistant Treasurer 1982-92 Treasurer since March 27 1992 INTERROGATORY NO : State whether or not you are a corporation correct corporate name the state of If so state your address of your incorporation the your principal place of business the name and address of the person or entity authorized to accept service of process on your behalf and whether or not you have ever held a Certificate of Authority to do business in the State of Texas ANSWER subject to Defendant's special appearance motion and preliminary and general objections and without waiving same Yes Corporate Name Kaiser Gypsum Company Inc. State of Incorporation Washington Principal Place of Business 1333 N. California Walnut Creek California 94596 Boulevard Person Authorized to 818 W. 7th St Los Youngman 1333 N. California 94596 Accept Service C.T. Corporation System Angeles California 90017 Melissa A. California Boulevard Walnut Creek Authority to do business in Texas INTERROGATORY NO 3 Yes 1959-88 Has Defendant or any of its predecessor or subsidiary companies at any time engaged in the mining and subsequent sale of material containing asbestos fibers If so identify the location of the mine the years of its operation the type of asbestos mined and whether you sold any asbestos to any Defendants in the Dallas County Asbestos litigation DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 10 C C ANSWER subject to Defendant's and general objections and special without appearance and preliminary waiving same No. INTERROGATORY NO 4 Identify by name each product Defendant or any of its containing predecessor asbestos fibers that time manufactured or sold or subsidiary companies at any ANSWER Kaiser Gypsum objects to this is unlimited in time and interrogatory because it is unduly burdensome geographic and scope with the result that it of evidence relevant to not reasonably related to the discovery the claims of Dallas residents Without Kaiser Gypsum made 26 sales of wallboard to Texas customers between Laminating Compound Dallas County 1961-71 only 9 of which were in Kaiser Gypsum made to Texas customers Dallas County nine sales of wallboard Joint Compound between 1961-71 none of which were in Kaiser Gypsum also manufactured and sold the products that contained asbestos following none of which list of customers located in Texas were ever sold to Decorative texture paints Cover Texture Paint Spray Texture Paint Spray Cover Texture Paint Kaiser Texture Paint Cover Wall Texture Texture Spray Ceiling Texture Paint Paint Compounds for Gypsum Wallboard Finishing Compound Powder One Day Joint Compound Powder Purpose Compound Powder Premix Joint Compound Premix Finishing Compound Dual Purpose Premix Compound Premix Topping Compound DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 11 CC CC C Compounds Radiant Home Filler Compound Radiant Heat Compound Radiant Radiant Radiant Heat Heat Heat Surfacing Compound Scrimless Surfacing Joint Compound Compound Compounds for Exterior Wallboard Terior Premix Prefill Compound Terior Premix Wall Texture Compound Lay Board Kaiser Mineral Fibreboard UL Rated Laboratories Inc. design Underwriters For a listing of and additional descriptive information on products manufactured and sold by Kaiser Gypsum that contained asbestos see Attachment A 55 Federal Register 5144 5150- 51 Asbestos Information Act INTERROGATORY NO : Identify by name each product containing asbestos fibers that Defendant or any of its predecessor or subsidiary companies at time marketed or sold any ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same Answer to Interrogatory No. 4 and Bee INTERROGATORY NO 6 If the answer to one or more of the last three interrogatories is in the affirmative or lists any products state as to each named product the following a As to each product state whether such product was mined manufactured marketed and sold b The names of the companies mining manufacturing marketing and selling each product mined manufactured marketed and sold C. The trade or brand name of each of those products mined manufactured marketed and sold a. The date each of the named products was placed on the market DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 12 C C C e. A description of the physical chemical composition each of the named products including the of asbestos contained in the product and the type of asbestos put in each product percentage of f The date each of the products was and no longer sold or distributreedmovaendd ftrhoem trheeasmoanrkeotr reasons therefor g The date asbestos was removed from such ever and the reasons therefor products if h A description of the physical appearance of each of named products the i A detailed description of the intended uses of the named products j Identify the last year that you sold each asbestos- containing product ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same and I. PRODUCTS PRODUCTS SOLD ONE MORE KAISER GYPSUM CUSTOMERS CUSTOMERS Wallboard Laminating Compound c Wallboard Laminating Compound marketed and sold by Kaiser Gypsum was manufactured d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving same Kaiser Gypsum made 26 sales of wallboard Laminating Compound to customers in Texas only nine of which were in Dallas County during the months of 5/61 6/61 10/61 1/62 5/62 6/62 7/62 8/62 3/63 4/63 5/63 7/63 two sales 7/64 8/64 6/65 7/65 8/65 12/65 4/66 4/69 8/69 9/69 two sales 3/70 and 3/71 @. Wallboard Laminating Compound was composed primarily of soya flour and limestone Asbestos used vas chrysotile The amount of chrysotile ranged from 6.5- 10 depending upon the date selected and formula in effect at a given manufacturing plant at that time DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 13 ed f Kaiser Gypsum made no sales of wallboard Compound to customers in Texas after Laminating is unknown Wallboard 3/71 The reason asbestos as an Laminating Compound with ingredient was discontinued in 1972 The reason for discontinuance is unknown Asbestos was not removed from this product prior to its discontinuance in 1972 a Wallboard Laminating Compound was white in color 1 Wallboard Laminating Compound was used as an adhesive to laminate gypsum wallboard to gypsum wallboard or to sound deadening board See response to Interrogatory Wallboard Joint Compound - Wallboard Joint Compound and sold by Kaiser Gypsum was manufactured marketed d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving same Kaiser Gypsum made only six sales of wallboard Joint Compound to customers in Texas none of which were in Dallas County during the months of 1/61 11/67 2/68 5/68 11/68 and 2/69 Wallboard Joint Compound was composed primarily of finely ground materials including casein or polyvinyl clay tale limestone and mica Asbestos used was chrysotile The amount of chrysotile ranged from 6.516 depending upon the date selected and formula in effect at a given manufacturing plant at that time f Kaiser Gypsum made no sales of wallboard Joint Compound to customers in Texas after 2/69 The reason is unknown Wallboard Joint Compound with asbestos ag an ingredient was discontinued in 1975. discontinuance is unknown The reason for 9 Asbestos was not removed from this product prior to its discontinuance in 1975 h Wallboard Joint Compound was white in color i. Wallboard Joint Compound was used to wallboard joints embed joint reinforcing DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION fill tape gypsum finish PAGE 14 C joints and to cover and finish nailheads and metal cornerbead j Please see answer to interrogatory f II PRODUCTS SOLD BY KAISER GYPSUM CUSTOMERS Cover Decorative Texture Paint a Cover decorative textiure paint was marketed and sold by Kaiser Gypsum manufactured a Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning waiving of the phrase this objection placed on the This product without market with asbestos as an ingredient was apparently pla on m c ar e ke d t beginning in 1952. This product was never sold to customers in Texas Cover decorative texture paint was composed primarily of limestone talc and mica with a number of other ingredients present in smaller amounts Asbestos used was chrysotile The amount of chrysotile ranged from 4-8.5 depending upon the date selected and formula in effect at a given manufacturing plant at that time Cover decorative texture an ingredient was discontinued the discontinuance is unknown paint with asbestos as in 1967. The reason for Asbestos was not removed from this product prior to its discontinuance in 1967 Cover decorative texture paint was white to off- white in color Cover decorative textiure paint was used to produce a decorative texture paint finish over gypsum wallboard surfaces See response to Interrogatory f DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 15 CC Spray Decorative Decorative Texture Paint a Spray decorative texture paint marketed and sold by Kaiser Gypsum was manufactured d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1956. This product was never sold to customers in Texas Spray decorative texture paint was primarily of limestone talc and mica with a other ingredients present in smaller amounts composed number of Asbestos used was chrysotile The amount of chrysotile ranged from 5.5-11 depending upon the date selected and formula in effect at a given manufacturing plant at that time Spray decorative texture paint ingredient was discontinued in 1967 discontinuance is unknown with The asbestos as an reason for the Asbestos was not removed from this product prior to its discontinuance Spray decorative texture paint was white to off- white in color Spray decorative texture paint was used to produce a decorative texture paint finish over gypsum wallboard surfaces . See response to Interrogatory Spray Cover Decorative Texture Paint - Spray Cover decorative texture paint manufactured marketed and sold by Kaiser Gypsum Was d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1956. This product was never sold to customers in Texas So Spray Cover decorative texture paint was composed primarily of limestone talc and mica with a number of DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 16 C other ingredients present in smaller amounts Asbestos used was chrysotile The amount of chrysotile ranged from 5.5-118 depending upon the date selected and formula time in effect at a given manufacturing plant at that f. Spray Cover decorative texture paint with asbestos as an ingredient was discontinued in 1967. The reason for the discontinuance is unknown Asbestos was not removed from this product prior to its discontinuance Spray Cover decorative texture paint was white to white in color Spray Cover decorative texture paint produce a decorative texture paint finish wallboard surfaces was used to over gypsum g See response to Interrogatory f Kaiser Decorative Texture Paint c Kasier decorative texture paint was manufactured marketed and sold by Kaiser Gypsum d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1952. This product was never sold to customers in Texas @. Kasier decorative texture paint was composed primarily of limestone talc and mica with a number of other ingredients present in smaller amounts Asbestos used was chrysotile The amount of chrysotile ranged from 4-8 depending upon the date selected and formula in effect at a given manufacturing plant at that time f Kasier decorative texture paint with asbestos as an ingredient was discontinued in 1967. The reason for the discontinuance is unknown g Asbestos was not removed from this product prior to its discontinuance b Kasier decorative texture paint was white to off- white in color DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 17 1 Kasier decorative texture paint was used to produce a decorative texture paint finish over gypsum wallboard surfaces 1. See response to Interrogatory Cover Wall Texture Decorative Texture Paint c Cover Wall Texture decorative texture paint manufactured marketed and sold by Kaiser Gypsum was d Defendant Kaiser Gypsum objecttso this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1968. This product was never sold to customers in Texas @. Cover Wall Texture decorative texture paint was composed primarily of limestone and talc with a number of other ingredients present in smaller amounts Asbestos used was chrysotile The amount of chrysotile ranged from 4-8.5 depending upon the date selected and formula in effect at a given manufacturing plant at that time f Cover Wall Texture decorative texture paint with asbestos as an ingredient was discontinued in 1975 The reason for the discontinuance is unknown g Asbestos was not removed from this product prior to its discontinuance b Cover Wall Texture decorative texture paint was white to white in color 1 Cover Wall Texture decorative texture paint was used to produce a decorative texture paint finish over gypsum wallboard surfaces See response to Interrogatory f Spray Ceiling Texture Decorative Ceiling Paint c Spray Ceiling Texture decorative ceiling paint manufactured marketed and sold by Kaiser Gypsum was d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 18 meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1961. This product was never sold to customers in Texas Spray Ceiling Texture decorative ceiling paint was composed primarily of limestone and talc with a number of other ingredients present in smaller amounts Asbestos used was chrysotile The amount of chrysotile ranged from 1.3-20 depending upon the date selected and formula in effect at a given manufacturing plant at that time Spray Ceiling Texture decorative ceiling paint with asbestos as an ingredient was last marketed in 1975 The reason was the development of an asbestos formulation Asbestos was removed from Spray decorative ceiling paint in 1975. Ceiling Texture The reason was increasing environmental and workplace health concerns and regulations Spray Ceiling Texture decorative ceiling paint was whitien color Spray Ceiling Texture decorative ceiling paint was used to produce a decorative texture paint finish over gypsum wallboard or interior concrete ceilings 1 See response to Interrogatory f Finishing Compound for Gypsum Wallboard a Finishing Compounfd or gypsum wallboard manufactured marketed and sold by Kaiser Gypsum Nas d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was apparently placed on the market beginning in 1955 This product was never sold to customers in Texas Finishing Compound for gypsum wallboard was composed primarily of finely ground materials including casein or polyvinyl clay talc limestone and mica Asbestos used was chrysotile The amount of chrysotile ranged from 3.5-16 depending upon the date selected -- DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 19 O O C C C and formula in effect at a given manufacturing plant at that time f Finishing Compound for gypsum wallboard with asbestos as an ingredient was discontinued in 1975 The reason for the discontinuance is unknown g Asbestos was not removed from this product prior to its discontinuance b Finishing Compound for gypsum wallboard was white to white in color Finishing Compound for gypsum wallboard was used to top and finish gypsum wallboard joints j See response to Interrogatory One Day Joint Compound for Gypsum Wallboard a-c. One Day Joint Compound for gypsum wallboard was manufactured marketed and sold by Kaiser Gypsum a. Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1968. This product was never sold to customers in Texas @. One Day Joint Compound for gypsum wallboard was composed primarily of finely ground materials including casein or polyvinyl clay talc limestone and mica Asbestos used was chrysotile The amount of chrysotile ranged from 2.5-3.5 depending upon the date selected and formula in effect at a given manufacturing plant at that time f One Day Joint Compound for gypsum wallboard with asbestos as an ingredient was discontinued in 1975. The reason WAS the development of an asbestos formulation g Asbestos Was removed from One Day Joint Compound- Powder for gypsum wallboard in 1975. The reason was increasing environmental and workplace health concerns and regulations h One Day Joint Compound for gypsum wallboard vas white to white in color DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFSfi MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 20 C i One Day Joint Compound for gypsum wallboard was used to fill gypsum wallboard joints embed joint reinforcing tape finish nail heads and metal cornerbead j See response to Interrogatory f Purpose Compound for Gypsum Wallboard a Purpose Compound for gypsum wallboard manufactured marketed and sold by Kaiser Gypsum was d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1968. This product was never sold to customers in Texas @o Purpose Compound for gypsum wallboard was composed primarily of finely ground materials including casein or polyvinyl clay talc limestone and mica Asbestos used was chrysotile The amount of chrysotile ranged from 5-14 depending upon the date selected and formula in effect at a given manufacturing plant at that time f. Purpose Compound for gypsum wallboard with asbestos as an ingredient was discontinued in 1976 The reason was the development of an asbestos formulation g Asbestos was removed from Purpose Compound for gypsum wallboard in 1976. The reason was increasing environmental and workplace health concerns and regulations b Purpose Compound for gypsum wallboard was white to white in color Purpose Compound for gypsum wallboard was used to tape top and finish gypsum wallboard joints nail heads and metal cornerbead j See response to Interrogatory f DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 21 C C om } os Psat! Premix Joint Compound for Gypsum Wallboard c Premix Joint Compound manufactured marketed and for gypsum wallboard sold by Kaiser Gypsum as d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1959. This product was never sold to customers in Texas @. Premix Joint Compound for gypsum wallboard was composed primarily of finely ground materials including casein or polyvinyl clay talc limestone and mica Asbestos used was chrysotile The amount of chrysotile used in this product is unknown f Premix Joint Compound for gypsum wallboard with asbestos as an ingredient was discontinued in 1962 The reason for the discontinuance is unknown g Asbestos was not removed from this product prior to its discontinuance h Premix Joint Compound for gypsum wallboard was white to white in color i Premix Joint Compound for gypsum wallboard was used to fill gypsum wallboard joints embed joint reinforcing tape finish joints and to cover and finish nail heads and metal cornerbead j See response to Interrogatory f Premix Finishing Compound for Gypsum Wallboard c Premix Finishing Compound for gypsum wallboard manufactured marketed and sold by Kaiser Gypsum was d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1959. This product was never sold to customers in Texas @ Premix Finishing Compound for gypsum wallboard was composed primarily of finely ground materials including casein or polyvinyl clay tale limestone and mica DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 22 C C Asbestos used was chrysotile The amount of chrysotile used in this product is unknown f Premix Finishing Compound for gypsum wallboard with asbestos as an ingredient was discontinued in 1962 The reason for discontinuance is unknown g Asbestos was not removed from this product prior to its discontinuance h Premix Finishing Compound for gypsum wallboard was white to white in color 1 Premix Finishing Compound for gypsum wallboard was used to top and finish gypsum wallboard joints j See response to Interrogatory f Dual Purpose Premix Compound for Gypsum Wallboard c Dual Purpose Premix Compound for gypsum wallboard manufactured marketed and sold by Kaiser Gypsum Was a Defendant Kaiser Gypsum objects to this interrogatory on _ the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1960. This product was never sold to customers in Texas @. Dual Purpose Premix Compound for gypsum wallboard was composed primarily of finely ground materials including polyvinyl clay talc limestone and mica Asbestos used was chrysotile The amount of chrysotile ranged from 1.5-6 depending upon the date selected and formula in effect at a given manufacturing plant at that time f Dual Purpose Premix Compoun fodr gypsum wallboard with asbestos as an ingredient was discontinued in 1975 The reason for the discontinuance was the development of an asbestos formulation g Asbestos was removed from Dual Purpose Premix Compound for gypsum wallboard in 1975. The reason was increasing environmental and workplace health concerns and regulations Be Dual Purpose Premix Compound for gypsum wallboard was white to white or light buff in color C DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 23 Dual Purpose Premix Compound for gypsum wallboard used to fill gypsum wallboard was joints embed joint reinforcing tape finish joints and to cover and finish nail heads and metal cornerbead j See response to Interrogatory Premix Topping Compound for Gypsum Wallboard c d Premix Topping Compound for gypsum wallboard manufactured marketed and sold by Kaiser Gypsum W Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1968. This product was never sold to customers in Texas Premix Topping Compound for gypsum wallboard was composed primarily of finely ground materials including polyvinyl clay talc limestone and mica Asbestos used was chrysotile The amount of chrysotile ranged from 1% depending upon the date selected and formula in effect at a given manufacturing plant at that time f Premix Topping Compound for gypsum wallboard with asbestos as The reason an ingredient was last marketed in 1976 was the development of an asbestos formulation Asbestos was removed gypsum wallboard in environmental and regulations from Premix Topping Compound for 1976. The reason was increased workplace health concerns and Premix Topping Compound for gypsum wallboard was white to white in color Premix Topping Compound for gypsum wallboard was used to finish gypsum wallboard joints See response to Interrogatory f oo af DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 24 C C Filler Compound for Electric Radiant Home Heating Systems -c Filler Systems Gypsum Compound for electric radiant Home Heating was manufactured marketed and sold by Kaiser Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1961. This product was never sold to customers in Texas Filler systems Compound for electric radiant home heating was composed primarily of limestone and mica Asbestos used was chrysotile The amount of chrysotile ranged from 5-11.5 depending upon the date selected and formula in effect at a given manufacturing plant at that time f Filler Compound for electric radiant home heating systems with asbestos as an ingredient was discontinued in 1972. The reason for the discontinuance is unknown Asbestos was not removed from this product prior to its discontinuance Filler Compound for electric radiant systems was white to white in color home heating Filler Compound for electric radiant home systems was used to cover radiant heat system surfaces heating ceiling 1. See response to Interrogatory f Radiant Systems Heat Compound for Electric Radiant Home Heating c Radiant Heat Compound for electric radiant home heating systems was manufactured marketed and sold by Kaiser : Gypsum Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1968. This product was never sold to customers in Texas ug? DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 25 Comp Heao t Cu omn poud nd for electric radiant home heating systems was composed primarily of sand and portland cement Asbestos used was chrysotile The amount of chrysotile was 3.5 Radiant Heat Compound for electric radiant home heating systems with asbestos as an ingredient was discontinued in 1974. The reason for the discontinuance is unknown Asbestos vas not removed from this product prior to its discontinuance Radiant Heat Compound for electric radiant home heating systems was white to white in color Radiant Heat Compound for electric radiant home heating systems was used to cover radiant heat cables stapled to ceiling surfaces j See response to Interrogatory f _ a Radiant Heat Surfacing Compound Heating Systems for Electric Radiant Home c Radiant Heat Surfacing Compound for electric radiant home heating systems was manufactured marketed and sold by Kaiser Gypsum Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1969. This product was never sold to customers in Texas Se Radiant Heat Surfacing Compound for electric radiant home heating systems was composed primarily of silica flour and mica Asbestos used was chrysotile The amount of chrysotile was 10 Radiant Heat Surfacing Compound for electric radiant home heating systems with asbestos as an ingredient was discontinued in 1970. The reason for the discontinuance is unknown Asbestos was not removed from this product prior to its discontinuance he Radiant Heat Surfacing Compound for electric radiant home heating systems was white to white in color DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 26 Radiant Heat Surfacing Compound for electric radiant home heating systems was used to cover radiant heat cables embedded in ceiling surfaces j See response to Interrogatory f Radiant Radiant Heat Home Scrimless Surfacing Systems Compound for Electric c Radiant Heat Scrimless Surfacing Compound for electric radiant home heating systems was manufactured marketed and sold by Kaiser Gypsum a Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1970. This product was never sold to customers in Texas Radiant Heat Scrimless surfacing Compound for electric radiant home heating systems was composed primarily of sand silica flour and mica Asbestos used was chrysotile The amount of chrysotile was % Radiant Heat Scrimless surfacing Compound for electric radiant home heating systems with asbestos 88 an ingredient was discontinued in 1974. The reason for the discontinuance is unknown Asbestos was not removed from this product prior to its discontinuance Radiant Heat Scrimless Surfacing Compound for electric radiant home heating systems was greenish in color Radiant Heat Scrimless Surfacing Compound for electric radiant home heating systems was used to cover radiant heat cables embedded in ceiling surfaces j See response to Interrogatory f Radiant Heat Joint Heating Systems Compound for Electric Radiant Home a Radiant Heat Joint Compound for electric radiant home heating systems vas manufactured marketed and sold by Kaiser Gypsum DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO OR R PRI ODUE CTIS ON PAGE 27 Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1971. This product was never sold to customers in Texas @o Radiant Heat Joint Compound for electric radiant home heating systems was composed primarily of finely ground materials including casein clay mica and limestone Asbestos used was chrysotile The amount of chrysotile ranged from 5-10 depending upon the date selected and t foirmmeula in effect at a given manufacturing plant at that f Radiant Heat Joint Compound for electric radiant home heating systems with asbestos as an ingredient was discontinued in 1973. The reason for the discontinuance is unknown Asbestos was not removed from this product prior to its discontinuance Radiant Heat Joint Compound for electric radiant home heating systems was greenish in color Radiant Heat Joint Compound for electric radiant heating systems was used to fill joints and embed in radiant heat gypsum wallboard ceiling surfaces home tape . See response to Interrogatory f Terior Premix Prefill Compound " for Exterior Wallboard Wallboard a Terior Premix Prefill Compound for exterior wallboard was manufactured marketed and sold by Kaiser Gypsum d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1975. This product was never sold to customers in Texas Terior Premix Prefill Compound for exterior wallboard was composed primarily of raw gypsum PVA emulsion and mica Asbestos used was chrysotile The amount of chrysotile was 1.5 DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OFINTERRAO ND G REQA UEST T O FORR PRI ODUE CTIS ON PAGE 28  Terior Premix Prefill Compound for exterior wallboard with asbestos as an ingredient was discontinued in 1975 The reason for the discontinuance is unknown g Asbestos was not removed from this product prior to its discontinuance b Terior Premix Prefill Compound for exterior wallboard was white to off white in color 1 Terior Premix Prefill Compound for exterior wallboard was used to prefill joints in gypsum wallboard installed on building exteriors 1 See response to Interrogatory f Terior Premix Wall Texture Compound Exterior Wallboard Wallboard c Terior wallboard Gypsum Premix Wall Texture Compound for exterior was manufactured marketed and sold by Kaiser Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1975. This product was never sold to customers in Texas @. Terior Premix Wall Texture Compound for exterior wallboard was composed primarily of limestone acrylic emulsion and mica Asbestos used was chrysotile The amount of chrysotile vas 1.5 f. Terior Premix Wall Texture Compound for exterior wallboard with asbestos as an ingredient was discontinued in 1975. The reason for the discontinuance is unknown Asbestos was not removed from this product prior to its discontinuance Terior Prenix Wall Texture Compound for wallboard was white to off white in color exterior Terior wallboard wallboard Premix Wall Texture Compound for exterior was used to provide surface texture to gypsum installed on building exteriors . See response to Interrogatory E DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 29 Kaiser Mineral Fibreboard UL Rated Underwriters c Kaiser Mineral Fibreboard UL Rated Underwriters Laboratories Inc. design lay ceiling tile was manufactured marketed and sold by Kaiser Gypsum d Defendant Kaiser Gypsum objects to this interrogatory on the grounds that it is vague and ambiguous as to the meaning of the phrase placed on the market Without waiving this objection This product with asbestos as an ingredient was placed on the market beginning in 1963. This product was never sold to customers in Texas e. Kaiser Mineral Fibreboard UL Rated Underwriters Laboratories Inc. design lay ceiling tile was composed primarily of mineral wool and various wood fibers clays and starch Asbestos used was chrysotile The amount of chrysotile ranged from 1.5-3.5 depending upon the date selected and formula in effect at that time f Kaiser Mineral Fibreboard UL Rated Underwriters Laboratories Inc. design lay ceiling tile with asbestos as an ingredient was discontinued in 1974 The reason for the discontinuance is unknown g Asbestos was not removed from the product prior to its discontinuance h Kaiser Mineral Fibreboard UL Rated Underwriters ' Laboratories Inc. design lay ceiling tile was white in color i. Kaiser Mineral Fibreboard UL Rated Underwriters Laboratories Inc. design lay ceiling tile was used for acoustical ceiling tile and lay board 5. See response to Interrogatory INTERROGATORY NO 7 Do any documents including but not limited to written memoranda specifications recommendations blueprints or other written materials of any kind or character relating to the design preparation or introduction into the market of the products listed in Interrogatory No. 6 still exist If so state a A description of each such document DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 30 b The name address and job title of each person who currently has possession of each document and where the documents are currently located : subject to Defendant's special appearance motion _ preliminary and general objections and without waiving same and I. C C C Wal board Wallboard Compound " Yes a. June 7 1960 Test Method Bulletin July 7 1960 Technical Bulletin July 24 1961 Technical Bulletin September 1967 Technical Bulletin b See answer to Interrogatory No. 1 Wallboard " Compound Yes &. February 13 1961 Office Memorandum May 10 1961 Office Memorandum September 1967 Technical Bulletin March 1972 Technical Bulletin May 1 1973 Packaging Material Bulletin b See answer to Interrogatory No. 1 _ ae! II PRODUCTS PRODUCTS NEVER BY KAISER GYPSUM CUSTOMERS " are Tex decorative decorative texture known to Kaiser Gypsum paint No responsive documents i Not applicable b Not applicable DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 31 " - " decorative texture are known to Kaiser Gypsum a. Not applicable b Not applicable 1 : No responsive documents " documents - decorative are known to Kaiser Gypsum a. Not applicable b Not applicable " Kasier documents " are decorative known to Kaiser Gypsum &. Not applicable b Not applicable : No responsive : No responsive . C C Cover " decorative decorative &o September 1967 Technical Bulletin b See answer to Interrogatory No. 1 paint Yes K Ceiling Texture decorative decorative : ae May 10 1961 Office Memorandum September 1967 Technical Bulletin May 1 1973 Packaging Material Bulletin October 1973 Technical Bulletin October 14 1974 Packaging Material Bulletin b See answer to Interrogatory No. 1 Yes f "ea? Finishing Compound for gypsum wallboard Yes Bo March 1972 Technical Bulletin May 1 1973 Packaging Material Bulletin DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 32 b See answer to Interrogatory No. 1 " Powder " for wallboard a. March 1972 Technical Bulletin May 1 1973 Packaging Material Bulletin b See answer to Interrogatory No. 1 : Yes " - Compound Powder gypsum wallboard a. August 25 1966 Container Bulletin Yes March 1972 Technical Bulletin May 1 1973 Packaging Material Bulletin b See answer to Interrogatory No. 1 " " : Yes a. 1958 Report = Mixed Joint Cement Study February 20 1959 Office Memorandum April 28 1960 Office Memorandum May 26 1960 Office Memorandum August 1 1962 Container Bulletin b See answer to Interrogatory No. Premix Finishing Compound for gypsum wallboard a August 1 1962 Container Bulletin b See answer to Interrogatory No. 1 Yes Dual Purpose Premix Compound gypsum wallboard Yes Be May 10 1961 Office Memorandum August 1 1962 Container Bulletin DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 33 CC F C January 10 1968 Container Bulletin September 29 1969 Container Bulletin March 11 1970 Packaging Material Bulletin March 1972 Technical Bulletin May 1 1973 Packaging Material Bulletin March 18 1974 Packaging Material Bulletin b See answer to Interrogatory No. 1 Premix Topping Compound for gypsum wallboard Yes a. March 1972 Technical Bulletin May 1 1973 Container Bulletin March 18 1974 Container Bulletin b See answer to Interrogatory No. 1 " Filler Compound electric radiant home heating : Yes Re April 1968 Technical Bulletin b See answer to Interrogatory No. 1 Radiant Heat Compound for electric radiant home heating Systems Yes Qe April 1968 Technical Bulletin January 23 1970 Packaging Material Bulletin August 23 1972 Packaging Material Bulletin May 1 1973 Packaging Material Bulletin b See answer to Interrogatory No. 1 DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 34 Radiant Heat Surfacing Compound for electric radiant home heating systems Yes a. September 1969 Technical Bulletin June 1970 Technical Bulletin August 1970 Technical Bulletin b See answer to Interrogatory No. 1 RRadaiandt ianRaditant Heat ScrimScrlimelessss SSuurrffaacciingng CoCmopmopouunndd radiant home heating systems No responsive known to Kaiser Gypsum for electric documents are Be Not applicable b Not applicable Radiant Heat Joint Compound for heating systems Yes electric radiant a. Apri8 l 1971 Directions February 22 1972 Installation Instructions b See answer to Interrogatory No. 1 Terior Premix Prefill Compound for exterior wallboard Yes a- May 12 1975 Container Bulletin b See answer to Interrogatory No. 1 " - Terior wallboard Gypsum Wall Texture Compound exterior No responsive documents are known to Kaiser Bo Not applicable b Not applicable DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFSfi MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 35 " - @. September 1969 Technical Bulletin 225 September 1969 Technical Bulletin 226 b See answer to Interrogatory No. 1 : Yes INTERROGATORY NO 8 Before distributing selling or placing the products listed in your responses to Interrogatory Nos 3-6 into the streams of commerce were any tests conducted to determine potential health hazards involved in the use of or exposure to the materials such as asbestos contained in those products If the answer is affirmative state a The names of the products tested and the date of each test b The name address and job title of each person conducting the tests or involved with conducting the tests C. The results of the tests ANSWER Kaiser Gypsum specifically objects to this interrogatory because it is vague and ambiguous as to what is meant by potential health hazards Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same No INTERROGATORY NO 2 Do any documents including but not limited to written memoranda specifications recommendations blueprints or other written materials of any kind or character relating to the testing of the products referred to in Interrogatory No. 6 now exist If So state a A description of each such document b The name address and job title of each person who currently has possession of each document and where it is presenting located ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same answer to interrogatory No. 8 and See DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 36 CC INTERROGANTOOR1Y0 Did Defendant or any of its predecessor companies make any design changes or modifications those tests described in responses to Interrogatory answer is affirmative state or subsidiary as a result of No. ? If the a. The trade names of the products changed b The nature of the changes made and the date of such changes or modifications C. The name address and job title of each person responsibility for having caused a change to be made or having made a change or modification ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same Applicable and Not INTERROGANTOOR1Y1 After releasing the products listed in Interrogatory No. 6 to tests conducted on them to determine potential the public were any of or exposure to the health hazards resulting from the use materials such as asbestos contained in those products If the answer is affirmative state a The names of the products tested and the dates of such tests b The name address and job title of each person who conducted those tests C. The results of those tests d Whether as a result of the tests any products were removed from the market e@. The names of all products removed from the market as a result of these tests : ANSWER subject to Defendant's special appearance motion an preliminary and general objections and without waiving same No. INTERROGATORY NO 12 Do any documents including written memoranda specifications recommendations blueprints or other written materials of any kind or character relating to the potential health hazards of the products listed in Interrogatory No. 6 now exist If so state DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORRPRI ODUE CTIS ON PAGE 37 ao ci a The name of each product b A description of each document and how it relates to each product Co The name address and job title of each person who currently has possession of each document and where it is presently located ANSWER Kaiser Gypsum specifically objects to this interrogatory because it is vague and ambiguous as to what is meant by potential health hazards Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same I. RESPONSE PRODUCTS WHEN SOLD TEXAS CUSTOMERS : &. Wallboard Laminating Compound This product was sold to Texas customers on a limited basis between 5/61 and 3/71 see response to Interrogatory No. d Kaiser Gypsum is aware of no document created prior to or within that timeframe that demonstrates or asserts anyasbestos- related hazard or potential hazard was presented by Kaiser Gypsum Laminating Compound to persons using that product b Not applicable Ge Not applicable a. Wallboard Joint Compound Kaiser Gypsum records indicate that there were six sales of this product to Texas customers between 1/16 and 2/69 see response to Interrogatory No. d Kaiser Gypsum is aware of no document created prior to or within that timeframe that demonstrates or asserts any asbestos hazard or potential hazard was presented by Kaiser Gypsum Joint Compound to persons using that product b Not applicable Go Not applicable II RESPONSE AS TO OTHER TEXAS CUSTOMERS PRODUCTS AND DURING TIME AFTER SALES TO b Wallboard Wallboard Laminating Compound " Wallboard " Compound and products never sold to Texas customers Kaiser Gypsum is aware of no documents that demonstrate DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 38 CC C C or assert any asbestos hazard or potential hazard was presented by any Kaiser Gypsum product to persons using the product However Kaiser Gypsum is aware that there are numerous publicly available documents regarding potential health hazards of asbestos and after the formation of the U.8 Environmental Protection Agency and the U.8 Occupational Safety and Health Administration in 1970 numerous regulatory proposals advocacy pieces press reports and regulations adopted by these and counterpart state and local governmental bodies related to environmental and workplace safety concerns about categories of containing products some of which categories include both wallboard joint compounds and other Kaiser Gypsum products For example such publicly available documents include those associated with the promulgation by the U.S. Occupational Safety and Health Administration of asbestos cautionary label requirements in 1972 see response to Interrogatory No. 14 Documents of these types that may not be generally in the public domain that are known to Kaiser Gypsum include 1 October 27 1971 Minutes of the Board of Directors Meeting of the Gypsum Association 2 November 4 1972 memo from R.C. Crowle to H.C. Dupuis 3 December 27 1971 letters to Canadian Mines Union Carbide Western Chemical and Pacific Asbestos from Kaiser Gypsum and letter responses from those firms Ge See answer to Interrogatory No. 1 INTERROGATORY NO 13 Did Defendant design changes as a to Interrogatories state or any result No. 10 of its subsidiary companies make any of the tests discussed in your response or 13 If the answer is affirmative a. The names of the products changed or modified b The name address and job title of each person responsible for having made a change or modification C The nature of the hazard or defect which resulted in such change or modification eage/ DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 39 ANSWER Kaiser Gypsum specifically objects to this Interrogatory on the grounds that it is vague ambiguous and inaccurate as to which Interrogatories are being referred to subject to Defendant's special appearance motion and preliminary and general objections and without waiving same No INTERROGANTOOR 1Y 4 Has Defendant or any of its predecessor or subsidiary companies at any time published or distributed any printed material including brochures pamphlets catalogs packaging or other written material or sic any kind or character containing any warnings concerning the possibility of injury resulting from the use of the containing products listed in Interrogatory No. 6 If so state ae The names of each relevant product b The exact wording of each warning statement on each printed material C. A description of the printed material other than the warning statement d The method used to distribute the warning to persons likely to use the product e. The date each warning was first issued distributed or placed on packaging f The name address and job title of each person responsible for having drafted or issued the warning g The current location of any such printed material and the custodian thereof . h The form in which such literature or printed material can be accessed i.e. the manner in which material such literature is indexed or stored ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same and a~e. Beginning in 1972 Kaiser Gypsum in response to federal and state OSHA regulations placed the following warning on all containers of containing products DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 40 Sag CAUTION CONTAINS ASBESTOS FIBERS Avoid Creating Dust Breathing Asbestos Dust Bodily Harm May Cause Serious f Occupational Safety and Health Administration h See answer to Interrogatory No. 1 INTERROGATORY NO 15 Before 1970 had you received notice that any individual or individuals other than those Plaintiffs who have filed personal injury actions in Dallas County Texas is or are claiming or has or have claimed an injury as a result of using asbestos products manufactured and sold by your company or any of its predecessors or subsidiaries before 1970 If so state a The name and address of each claimant ^ The date of notice of each claim j^j A description of the claim j^j The type of injuries allegedly sustained j^j The name and address of each attorney who represents each individual making a claim f The style and court number of each claim g The disposition of each claim that has been settled or taken to judgment : Subject to Defendant's special appearance motion preliminary and general objections and without waiving same and No. INTERROGANTOOR1Y 6 Were your asbestos products distributed marketed packaged labeled and sold by companies other than your own If the answer is affirmative list the names and addresses of each of those companies and the products in question ANSWER Subject to Defendant's special appearance motion and prelimaindnga enr ery al objections and without waiving same Kaiser Gypsum sold wallboard Laminating Compound and wallboard Joint Compound to customers located in Texas who resold those products to others See Exhibit B list of wallboard Laminating Compound and wallboard Joint Compound sales made by Kaiser Gypsum to customers in Texas DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 41 As to all other containing products manufactured by Kaiser Gypsum none of those products were ever sold to Kaiser Gypsum customers in Texas Kaiser Gypsum has no information indicating that any other company sold Kaiser Gypsum products listed in response to Interrogatory No. 6 to anyone in Texas INTERROGANTOOR 1Y 7 Did you or any of your predecessors successors or subsidiaries have any distributors or sales representatives of asbestos products in the States of Alabama Florida Mississippi Oregon Washington Georgia Tennessee Texas and Virginia If so state a. The name and address of each such distributor or sales representatives b The years in which such company or person distributed marketed or sold your products What products were distributed what years marketed or sold and in : Subject to Defendant's special appearance motion preliminary and general objections and without waiving same and Bee answer to Interrogatory No. 16 regarding Texas sales In addition C C the following employees of Kaiser Gypsum had sales responsibilities in Texas Be G.V. Mostyn - address unknown R.G. Burns ~ address unknown M.E. Drew - address unknown H.R. Hunter - address unknown C.W. Elliot =- address unknown T.W. Ratcliffe - address unknown W.T. Smith - address unknown L. Wrayford - address unknown b Unknown Co Bee ansver to Interrogatory No. 6 Kaiser Gypsum employees with sales responsibilities in Texas were primarily engaged in selling products that never contained asbestos INTERROGATORY NO 18 List each employee including only physicians hygienists who has acted in a medical advisory capacity company at any time during the past 40 years including limited to physicians and industrial hygienists and the and to your but not current DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO OR R PRI ODUE CTIS ON PAGE 42 address telephone number and job title individuals and who has had or may have regarding the hazards of asbestos of each had any of those knowledge ANSWER subject to Defendant's special preliminary and general objections and Kaiser Gypsum had no such employee appearance motion and without waiving same INTERROGANTOOR 1Y 9 Does Defendant have in its possession any books pamphlets memoranda or written materials of any kind or character that would indicate that asbestos fibers when inhaled can be hazardous to the health of human beings If so state a The name of each such publication b The date of publication and the names of the author and publisher if any j^ The date received by Defendant if known j^ The name job title and address currently has possession of each present location of each person publication and who its ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same and Be 1 Copy of reprint of newspaper article 2 Copy of newspaper article 3 Minutes of Safety Committee Meeting of the Gypsum Association 4 5 Copy of reprint of newspaper article Memorandum 6 Article b 1 Unknown Alton Blakeslee 2 Unknown Associated Press 3 9/20/66 F.J. Rogers 4 11/7/68 Ronald Kessler 5 11/4/71 R.C. Crowle 6 1967 W.C. Cooper Be 1 Unknown 2 Unknown 3 Unknown 4 Unknown 5 6 11/4/71 Unknown DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 43 f d All - See answer to Interrogatory No. 1 See also response to Interrogatory No. 12 INTERROGATORY NO 20 Has Defendant or any of its subsidiary or predecessor companies at any time been a member of any trade organization or association that published or disseminated any documents or information relating to the hazards of asbestos comprised of other manufacturers miners marketers and sellers of asbestos products If so state a The name and address of each such association or organization b The dates during which Defendant or any of its subsidiaries or predecessors were members C. The names and dates of any publications minutes or reports published written or disseminated by any of the named associations or organizations d Whether any of those publications are still in your possession and if so 1 A description of the publications including the date 2 The current location of such publications 3. The custodian of such publications 4. The method or manner in which such publications are maintained ANSWER Subject to Defendant's special appearance notion preliminary and general objections and without waiving same and Be The Gypsum Association Chicago Illinois vas a trade association made up of corporations that manufactured : gypsum products b Approximately 1955-78 Go Kaiser Gypsum specifically objects to this interrogatory on the grounds that it is unduly burdensome and oppressive because the Gypsum Association published and otherwise disseminated a substantial volumoe f material in the form of minutes publications etc. DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 44 C C a INTERROGATORY Kaiser Gypsum specifically objects to this interrogatory on the grounds that it is unduly burdensome and oppressive because the Gypsum and otherwise disseminated a Association substantial published volume of material in the form of minutes publications etc. Without waiving same Kaiser Gypsum does have Sone documents from the Gypsum Association See response to Interrogatory No. 1 for the custodian of such documents Kaiser Gypsum has agreed pursuant to Exhibit produce copies of Gypsum Association meetings Kaiser Gypsum was present and has possession of C to where INTERROGATORY NO : Identify by name and location each plant or manufacturing facility in which the products listed in your answers to Interrogatory Nos 3-6 were manufactured assembled or prepared for sale or marketing specifying which plants produced each item the dates each plant is or was in operation and the time span during which each named item was produced or manufactured ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same and I. PRODUCTS SOLD TO ONE OR MORE KAISER GYPSUM CUSTOMERS IN TEXAS Wallboard Laminating Compound sold to Texas customers was manufactured at Kaiser Gypsum plants in Antioch California and Santa Ana California Wallboard Joint Compound sold to Texas customers was manufactured at Kaiser Gypsum's plant in Antioch California Versions of this product not sold to Texas customers were manufactured at Kaiser Gypsum's plants in Redwood City California 1952-57 Seattle Washington 1969-75 Jacksonville Florida 1969-70 and Delanco New Jersey 1968- 74 II PRODUCTS PRODUCTS SOLD KAISER GYPSUM CUSTOMERS Cover decorative texture paint which was never Texas was manufactured at Kaiser Gypsum plants in City 1952-57 and Antioch 1957-67 California sold in Redwood DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 45 Spray decorative texture paint which was never sold in Texas was manufactured at Kaiser Gypsum plants in Redwood City 1956-57 and Antioch 1957-67 California " sold in Redwood Cover " decorative texture paint , which was never Texas was manufactured at Kaiser Gypsum plants in City 1956-57 and Antioch 1957-67 California Kasier decorative texture paint which was never sold in Texas was manufactured at Kaiser Gypsum plants in Redwood City 1952-57 and Antioch 1957-67 California Cover Wall Texture decorative texture paint which was never sold in Texas was manufactured at Kaiser Gypsum plants in Antioch 1968-75 and Santa Ana 1968-75 California Jacksonville Florida 1969-75 and Delanco New Jersey 1973-75 Spray Ceiling Texture decorative ceiling paint which was never sold in Texas was manufactured at Kaiser Gypsum plants in Antioch 1961-74 and Santa Ana 1968-75 California Seattle Washington 1969-75 Jacksonville Florida 1969- 75 and Delanco New Jersey 1973-75 Finishing Compound for gypsum wallboard which was never sold in Texas was manufactured at Kaiser Gypsum plants in Redwood City 1955-57 and Antioch 1957-75 California Seattle Washington 1969-75 Jacksonville Florida 1969- 70 and Delanco New Jersey 1968-74 One Day Joint Compound for gypsum wallboard which was never sold in Texas was manufactured at Kaiser Gypsum plants in Antioch 1968-74 and Santa Ana 1971-75 California Seattle Washington 1970-75 Jacksonville Florida 1971-72 and Delanco New Jersey 1969-75 " - Purpose Compound Powder gypsum wallboard which was never sold in Texas was manufactured at Kaiser Gypsum plants in Antioch California 1968-76 Seattle Washington 1969- 75 Jacksonville Florida 1971-72 and Delanco New Jersey 1968-74 Premix Joint Compound for gypsum wallboard which was never sold in Texas was manufactured at Kaiser Gypsum's plant in Long Beach California 1959-62 Premix Finishing Compound for gypsum never sold in Texas was manufactured at in Long Beach California 1959-62 wallboard which was Kaiser Gypsum's plant DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 46 " Compound " , which was never sold in Texas was manufactured at Kaiser Gypsum plants in Long Beach 1960-62 Antioch 1963-75 and Santa Ana 1968-75 California Seattle Washington 1969-75; Jacksonville Florida 1969-75 and Delanco New Jersey 1968-75 " Premix Topping Compound for gypsum wallboard which was never sold in Texas was manufactured at Kaiser Gypsum plants in Antioch 1968-76 and Santa Ana 1970-75 California Seattle Washington 1971-75 Jacksonville Florida 1971- 75 and Delanco New Jersey 1972-75 " which Compound for was never sold electric radiant home heating in Texas was manufactured at systems Kaiser Gypsum plants in Antioch California 1961-70 and Santa Ana 1971-72 Radiant Heat Compound systems which was never Kaiser Gypsum's plant in for electric radiant home heating sold in Texas was manufactured at Santa Ana California 1968-74 Radiant Heat Surfacing Compound for electric radiant home heating systems which was never sold in Texas was _ manufactured at Kaiser Gypsum's plant in Seattle Washington 1969-70 Radiant Scrimless surfacing Compound for electric radiant home heating systems which was never sold in Texas was manufactured at Kaiser Gypsum plants in Seattle Washington 1970-74 and Santa Ana California 1972 Radiant Heat Joint Compound for electric radiant home in heating systems which was never sold in Texas was manufactured at Kaiser Gypsum plants Seattle Washington 1971-73 and Antioch California 1972 Terior Premix Prefill Compound which was never sold in Texas was manufactured at Kaiser Gypsum's plant in Antioch California 1975 X Premix Wall Texture Compound Compound for exterior wallboard which was never sold in Texas was manufactured at Kaiser Gypsum's plant in Antioch California 1975 " Mineral Fibreboard UL Rated Laboratories design in board was never sold in Texas was manufactured at plant in St. Helens Oregon 1963-74 Underwriters , which Kaiser Gypsum's ee. DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 47 fo 4. If so state a The name address and job title of each who prepared such materials person or entity b The name address and job title of each person who currently has possession of such materials and their present location C. The date the materials were prepared d The media used to disseminate the sales materials : subject to Defendant's special appearance motion preliminary and general objections and without waiving same a. Kaiser Gypsum Company Inc. and b See answer to Interrogatory No. 1 CG. Various dates d Based on available information such material was either handed or mailed to customers INTERROGATORY NO 23 Have any written or printed materials or instructions of kind or character been any prepared subsidiary or predecessor by Defendant or any of its companies or their agents indicating how asbestos products should be used and maintained If so state a. The name address and job title of each person who prepared such materials or instructions or assisted in their preparation b The name address and job title of each person who currently has possession of such materials or instructions and their present location C. The dates of distribution or use and the manner in which such materials or instructions were distributed to purchasers of Defendant's products or those of its subsidiaries or predecessors DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 48 C d The year each such written material or instruction was prepared and disclosed to potential consumers ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same and &o Unknown b See answer to Interrogatory No. 1 Co Various dates d Various INTERROGATORY NO 24 Does Defendant have insurance policies that might cover the claims made by Plaintiffs in these cases If so list the name of each insurance carrier the amount of initial coverage amount of coverage remaining at the present time and the effective dates of each policy If properly answered this Interrogatory be supplemented as to the remaining amount of coverage need not ANSWER Subject to Defendant's special preliminary and general objections and Please refer to Attachment C. appearance motion and without waiving same INTERROGATORY NO 25 As to the disease asbestosis state a The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans b How Defendant became aware of the existence of the disease C. Who within the company first discovered recognized or understood the adverse consequences or effects of the disease and of asbestos exposure d What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects e. Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form f Who is the custodian of such information DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERRAO ND G REQA UEST T FO ORR PRI ODUE CTIS ON PAGE 49  be g The date on which you first received knowledge or information that asbestosis was caused by inhalation of asbestos fibers ANSWER Kaiser Gypsum specifically objects to this on the ground that it is vague and ambiguous as to interrogatory what is by the term caused meant Subject to this objection defendant's special appearance motion and the preliminary and general objections and without waiving same g Unknown after reasonable inquiry INTERROGANTOOR2Y6 As to the disease lung cancer state a The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans b How Defendant or its subsidiary or predecessor became aware of the disease and its relationship to asbestos exposure c. Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure d What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects e Whether any such information is still maintained by Defendants or its subsidiaries or predecessors in a written form f Who is the custodian of such information g The date on which you first received knowledge or information that lung cancer was caused by inhalation of asbestos dust and fibers ANSWER Kaiser Gypsum specifically objects to this interrogatory on the ground that it is vague and ambiguous as to what is meant by the term " caused Subject to this objection defendant's special appearance motion and the preliminary and general objections and without waiving same c In 1965 Kaiser Gypsum became aware of newspaper that some physicians suggested a link between to asbestos fibers and lung cancer accounts exposure DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 50 d Office Memorandum @. Yes f See answer to Interrogatory No. 1 g See answer to Interrogatory 26 INTERROGATORY NO 27 stateAs to pleural disease pleural thickening or pleural plaques a. The date on which Defendant or its subsidiary or predecessor learned such disease was caused by inhalation of asbestos fibers by humans b How Defendant or its subsidiary or predecessor became aware of the disease and that it was caused by exposure to asbestos C. Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure d What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects e. Whether any such information is still maintained by Defendant or its subsidiary or predecessor in a written form f Who is the custodian of such information ANSWER that it Kaiser Gypsum specifically objects to this on the is vague and ambiguous as to what is meant grounds Disease by Pleural subject to Defendant's special appearance motion and preliminary and general objections and without waiving same Unknown after reasonable inquiry INTERROGATORY NO 28 As to the disease mesothelioma state a. The date on which Defendant or its subsidiary or predecessor first learned such disease was caused by inhalation of asbestos fibers by humans DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 51 b C. d e. f The date on which Defendant first manedsotfhiebleirosma was caused by inhalation ofsuasspbeecstteods that dust How Defendant or its subsidiary aware of the disease and that it to asbestos or was predecessor became caused by exposure Who within the first discoveredcoo mr panryecoogrniiztesd stuhbesiaddivaerryseor predecessor or effects of asbestos exposure consequences What information was disseminated within company or its subsidiary or predecessor Defendant's adverse consequences or effects regarding such Whether any such information is still Defendants or its maintained by form subsidiary or predecessor in a written 9 Who is the custodian of such information h Whether Defendant agrees that there is no known medical cure for mesothelioma ANSWER that it Kaiser Gypsum specifically objects to this is vague and ambiguous as to what is on the grounds caused Subject to Defendant's meant by the term preliminary and general objections special appearance motion and and without waiving same g Unknown after reasonable inquiry h Kaiser Gypsum does not possess sufficient information to agree or disagree with this interrogatory INTERROGATORY NO 29 As to intestinal cancer cancer or lymphatic cancer state laryngeal cancer pharyngeal a The type of cancer and the date its subsidiary or predecessor on which Defendant or diseases first learned that such humans were caused by inhalation of asbestos fibers by predecessor become aware can be caused asbestos fibers by exposure to Co The date on which Defendant first were caused by asbestos suspected other cancers inhalation DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 52 d Who within the company or its subsidiary or predecessor first discovered the adverse consequences or effects of asbestos exposure e. What information was disseminated with Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects f Whether any such information is still maintained by Defendant or its subsidiary or predecessor in a written form g Who is the custodian of such information ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same and g Unknown after reasonable inquiry INTERROGATORY NO 30 Does Defendant contend that asbestos products can be manufactured or designed so as to eliminate all potential health hazards to persons working with or exposed to them If the answer is affirmative explain in detail and attach any studies or surveys on which this answer is based ANSWER subject to Defendant's special appearance motion and preliminary and general objections and without waiving same Kaiser Gypsum does not have sufficient knowledge to respond to this interrogatory INTERROGATORY NO 31 Describe in detail the types of packages or packaging which Defendant or any of its subsidiary or predecessor companies used for asbestos material or products listing the dates each type of package was used a physical description of each type of package and providing a description of any printed material or trademarks that appeared thereon ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same and I. PRODUCTS SOLD TO ONE OR MORE KAISER GYPSUM CUSTOMERS IN TEXAS Wallboard Laminating Compound was packaged and sold in sacks of 25 lbs DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 53 AOI, Wallboard Joint Compound was packaged and sold in sacks of 25 lbs II PRODUCTS NEVER BY KAISER GYPSUM TO CUSTOMERS IN TEXAS Cover decorative texture paint was sacks of 25 and 50 lbs packaged and sold in Spray decorative texture paint was sacks of 25 and 50 lbs packaged and sold in Ssoplrdayin Csaockvs eofr25deacnodra5t0ivl ebtsexture paint was packaged and Kasier decorative texture in sacks of 10 and 25 lbs paint was packaged and sold Cover and Wall Texture decorative texture paint was packaged sold in sacks of 10 25 and 50 lbs Spray Ceiling Texture decorative ceiling packaged and sold in sacks of 32 or 50 lbs paint was " Finishing Compound for and sold in sacks of 25 lbs gypsum wallboard was packaged Compound One Day Joint of of 25 lbs was packaged and sold in sacks Purpose Compound for and sold in sacks of 25 lbs gypsum wallboard was packaged Premix Joint Compound sold in metal pails of gallons for 4 or gypsum wallboard 5 gallons and . was packaged and in cartons of 5 Premix Finishing Compound gypsum wallboard was packaged a5 nd sold in metal pails of 4 or 5 gallons and in cartons of gallons Dual Purpose Premix Compound packaged and sold in metal gallons and in cartons of 4 for and plastic or 5 gallons gypsum wallboard buckets of 4 was or 5 Premix Topping Topping Compound and sold in metal and plastic in cartons of 4 gallons gypsum wallboard was packaged buckets of 4 or 5 gallons and DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 54 CC " Filler Compound for electric radiant was packaged and sold in sacks of 25 lbs home heating systems Radiant Heat Compound for electric radiant was packaged and sold in sacks of 60 home lbs heating " Radiant Heat Surfacing Compound was sacks of 25 lbs packaged and sold in Radiant Heat Scrimless Surfacing Compound was sold in sacks of 25 lbs and 50 lbs packaged and Radiant Heat of 25 lbs Joint Compound was packaged and sold in sacks Terior Premix packaged and sold and cartons of 48 Prefill Compound in metal cans and and 60 lbs for exterior wallboard was plastic buckets of 60 lbs Terior Premix Wall Texture Compound was packaged and sold in metal cans cartons of 58 lbs for exterior wallboard plastic buckets and Kaiser Mineral Fibreboard UL Rated Laboratories Inc. design lay ceilin Ungdertwirlietewrass packaged and sold inboxes of various quantities INTERROGATORY NO 32 Has Defendant or any of its companies at any time entered into a any other company either as buyer or materials or asbestos products If agreement subsidiary or predecessor rebranding agreement with seller concerning asbestos so state as to each such a. The name of the company manufacturing the asbestos products b The trade name affixed to those products C. The periods of time covered by each such agreement d The volume in dollar amount of each transaction e@. The initial purchaser of the products ANSWER Subject to Defendant's special preliminary and general objections and withoauptpewaariavncieng msoa tm ioen and No. DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 55 C C INTERROGATORY NO 33 List the name and address of each or its subsidiary or predecessor purchcaosmepdanymaftreormiawlhsicohr Daesfbeensdtaonst products which Defendant sold or distributed in the form of the any form stating ultimate disposalmaotfersuicahlsmattheeridaaltses of such purchases and the ANSWER subject to Defendant's special preliminary and general objections and appearance without motion applicable waiving same and Not INTERROGATORY NO : Does Defendant or any of its subsidiaries or predecessor currently have possession of any writings or contracts on those rebranding agreements set forth in the answer to 32 If the answer is affirmative state Interrogatory No. a The name address and job title of each person having custody of each of those documents and their current location b A brief description of each such document including the dates and the parties signatory ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same applicable and Not INTERROGATORY NO 35 Prior to 1968 did any person file a claim against a Worker's Compensation carrier covering Defendant or any of its subsidiaries or predecessors alleging that she contracted a disease from inhaling asbestos fibers If so provide including a A list of the claims each claimant's address and the date each claim was filed and incln udaimneg the caption and jurisdiction of the claim b The disease alleged in each such claim Cc. A brief summary of the disposition of each such claim d The name address and title of the person having custody of the records pertaining to each such claim ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same and No DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 56 C C Sd INTERROGATORY NO 36 Did Defendant or any of its subsidiaries maintain written minutes of or predecessors directors departmental corporate meetings either board of or otherwise which reflect discussions pertaining to any subject matter related to health hazards or asbestos asbestos asbestos minutes state products If so for each such set of a b C. v^ The dates of each such meeting The general subject matter discussed at each meeting Who was in attendance at each meeting Where and by whom the written minutes maintained are presently e. By whom the minutes were taken and put into final format f Whether the minutes were abstracted and reports disseminated to other individuals and if so the names and job titles of those individuals ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same INTERROGATORY NO 37 and No. Do you or any of your subsidiaries including foreign business entities currently manufacture any products containing asbestos If so state a As to each product whether such product is mined manufactured and marketed or sold b The names and addresses of the companies mining manufacturing marketing and selling each of those products C. The trade or brand name of each of those products mined manufactured marketed and sold named d The date each of the market products was placed on the e. A description of the physical chemical composition of each of the named products including the type of asbestos contained in the product f A description of the physical appearance of each product and its packaging DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 57 C CC C ra - set / g A detailed description of the intended the named products uses of each of h Whether there are any warning labels on said products or hcoanztaaridnsers regarding potential asbestos health ANSWER subject to Defendant's special preliminary and general objections and appearance without motion waiving same INTERROGATORY NO 38 and No. State whether you or any of your predecessors subsidiaries maintain from 1940 through the and portion lading thereof copies of invoices purchase lating to the sale present or for any shipping documents bills of or distribution products If so state of asbestos a. The location of such documents b The name and address of the custodian of the documents 0 The format in which the documents are kept i.e. hard copy microfilm microfiche etc. d In what form the documents can be state by product etc. accessed i.e. and if by product whether by according to asbestos or asbestos kept ANSWER Kaiser Gypsum specifically objects to this on the grounds that it is interrogatory by asbestos products vague and ambiguous as to what is meant subject to this objection defendant's special appearance motion and the preliminary and general objections and without waiving same Yes Kaiser Gypsum does have some documents for some years A. Oakland California B. See answer to Interrogatory No. 1 C. Hard copy D. By year of sale INTERROGANTOOR3Y9 May you call company representatives as witnesses at the trial of any of these cases If so list a. The name address and job title of each representative who may be called company INTERROGATORIES PRODUCTION DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF AND REQUEST FOR PAGE 58 b Asucshumwmairtyneosfs the testimony expected to be given by each C. List any and all previous times that the named have either given deposition or witnesses asbestos trial testimony in an of the case including the jurisdiction style case case number date of testimony and the name of the attorney taking the deposition for the in that case Plaintiffs ANSWER Subject to Defendant's special preliminary and general objections Kaiser Gypsum may call one and appearance motion and without waiving same trial Melissa A. or more company representative at Youngman 1333 N. California Creek CA 94596 Secretary and Treasurer Ms. Blvd. Walnut about Kaiser Gypsum products and matters releYvoaunntgmatnhemraeytotestMisf.y YKaoiusnegrman testified before Judge Rhea on January 10 1992 regarding SingletGoynpsaunmd'sStSepnezceilalcaAspeps earance motions in the Hills Meier INTERROGATORY NO 40 Have Defendant or its subsidiaries or acquired through purchase reorganization predecessors or ever corporation company or business which merger another processed distributed manufactured sold or contracted or supplied products containing asbestos If so for each such entity state a Full and correct name b Principal place of business C. State of incorporation d Date of acquisition by Defendant e. Whether or not the business entity was ever authorized to transact business in the State of Texas ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same INTERROGATORY NO 41 and No. Was each of your asbestos products reach or packaged to reach the generally expected to consumer substantial change in the condition in or user without with respect to such which it was sold If not claims its any product explain in what way the Defendant sale products were altered or substantially changed after or distribution and before reaching the user DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 59 ANSWER Kaiser Gypsum specifically objects to this on the grounds that it is vague and ambiguous as to interrogatory what is by consumer or user subject to Defendant's meant motion and its preliminary and general special appearance waiving same Kaiser Gypsum responds as fololbojwesctioWnasllbaonadrdwiJtohionutt Compound and wallboard Laminating Compound both of which sold to customers in Texas were in dry powder form were sold various entities which in turn resold these to tahpepsleicaptroidouncts were designed to be mixed wipthrodwuacte trs prBiootrh o tf o INTERROGATORY NO 42 For each containing product identified in to Interrogatory No. , identify all foreseeable response users such as insulators helpers pipefitters welders machinists plasterers drywall finishers carpenters boilermakers shipwrights and riggers etc. of any of Defendant's containing products ANSWER Kaiser Gypsum specifically objects to this interrogatory on the grounds that it is vague and ambiguous as to the specific job duties of the trades mentioned above Subject to Defendant's special appearance motion and its preliminary and general objections and without waiving same Kaiser Gypsum responds as follows I. PRODUCTS PRODUCTS SOLD SOLD TO TO ONE OR OR MORE MORE KAISER KAISER GYPSUM GYPSUM CUSTOMERS CUSTOMERS IN IN TTEEXXAAS S Wallboard Laminating Compound www Gypsum wallboard laminators Wallboard Joint Compound www Gypsum wallboard finishers II PRODUCTS NEVER SOLD BY KAISER GYPSUM TO CUSTOMERS IN TEXAS Cover decorative texture paint - Gypsum wallboard painters paint Spray painters decorative texture ~ Gypsum wallboard Spray Cover decorative texture paint - Gypsum wallboard painters Kasier decorative texture paint - Gypsum wallboard painters C DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 60 Cover Wall Texture decorative C wallboard painters texture paint - Gypsum Spray Ceiling Texture decorative wallboard painters ceiling paint - Gypsum Finishing Compound for wallboard finishers gypsum wallboard = Gypsum One Day Joint Compound - Gypsum wallboard finishers wPaulr lbpooarsde fiC nioshmerpsound for gypsum wallboard - Gypsum Premix Joint Compound wallboard finishers for gypsum wallboard ~- Gypsum Premix Finishing Compound wallboard finishers for gypsum wallboard - . Gypsum Dual Purpose Premix Compound for gypsum wallboard www Gypsum wallboard finishers Premix Topping Compound for gypsum wallboard - Gypsum wallboard finishers Filler Compound for electric radiant home - Radiant Home Heating System Installers heating systems Radiant Heat Compound for electric radiant home Radiant Home Heating System Installers heating www Radiant Heat Surfacing System Installers Compound ~ Radiant Home Heating Radiant Heat Scrimless Surfacing Compound WHER Radiant Home Heating System Installers Radiant Heat Joint Compound - Radiant Home Heating System Installers Terior Premix Prefill Compound for exterior wallboard = Exterior Wallboard Finishers Terior Premix Wall Texture Compound for exterior wallboard - Exterior Wallboard Finishers Kaiser Mineral Fibreboard UL Rated Underwriters Laboratories Inc. design suspended Ceiling Installers ceiling Underwriters tile fi fi fl DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 61 INTERROGATORY NO 43 Based upon the material contents of your containing products the method of manufacturing and the method of application can such products be generally applied without liberating asbestos fibers into the air a If there is a different answer concerning different products manufactured sold distributed or used by your company then specify the different products by precise manufacturer's name and popular name b If there is a difference in your answer depending on the year or years in which a particular product was used then specify in detail what year or years you are referring to and the specific products you are referring to and year involved ANSWER Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same Kaiser Gypsum specifically objects to this interrogatory on the grounds that it is hypothetical in nature unlimited as to time and circumstance and vague and ambiguous INTERROGATORY NO 44 Was it a foreseeable use of your containing products that they may have been removed stripped or replaced at some time after installation ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same and No. INTERROGATORY NO 45 Before 1970 did you or your subsidiaries or predecessor s ever arrange for any labor inspectors insurance company inspectors or anyone from your company to go to job sites where your products were being used or installed to make or take dust level counts If so state when this procedure started the purpose of such procedures and all results of such procedures ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same and No. INTERROGATORY NO 46 what If Defendant performed or had performed any dust level action based on the results did your company take counts DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 62 ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same applicable and Not INTERROGATORY NO 47 Has your company or its subsidiaries or predecessor ever conducted or caused to be conducted any studies designed to assist in minimizing or eliminating the inhalation of asbestos dust and fibers by those exposed to the use of your company's products If so give the following a Name of the person or firm conducting such studies b The date the studies began and the date they were completed C. Any publication or other written dissemination of the results of the studies d The nature of any action to eliminate or minimize the inhalation of asbestos dust fibers ANSWER subject to Defendant's special appearance motion preliminary and general objections and without waiving same and No. ee INTERROGATORY NO 48 Does your company have has it ever had or have your predecessor or subsidiaries ever had a Research Department If so give the year such Research Department has operated continuously since being established State also ~ . The amount of time research concerning products and money asbestos expanded each year on or containing b What percentage of gross sales did your company or its predecessor spend on research concerning the health effects of asbestos purposes c. State in detail the duties and responsibilities or sic such Research Department ANSWER Subject to Defendant's special appearance motion and preliminary and general objections and without waiving same Yes To the best of Kaiser Gypsum's knowledge the Research Department operated continuously from approximately 1952-78 Bo Unknown DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 63 CC b Unknown of existing products procedures INTERROGATORY NO 49 establishment of quality control predecessor your so Does state your company have or subsidiaries or has it ever had ever had or have a Medical your Department If b Whether or not such Medical Department has continuously since being established operated Department The name of each Department director chief or head of you had year by year your Medical beginning with the a Medical Director or first year last known address and Medical and the phone number of each d State the duties and Department responsibilities of such Medical ANSWER subject to preliminary and generalDeofbejnedcatnito'sns INTERROGATORY NO 50 special appearance motion and without waiving same and No. containing Did your company or its predecessor or pprloadcuectasny warning directly on any of its subsidiaries ever or on their and year said packaging If so warning was first applied identify the product s ANSWER Subject to Defendant's special appearance pan rs ewleirmitnoary and general objections and without motion Interrogatory No. 14 waiving same and 8ee INTERROGATORY NO containing Did your company or its stamp or place the name of predecessor or subsidiaries identifying logo on any of itsthe company its initials ever or so please state the name any products description of such brand names of such If on the referred produsctatmsp or logo and the dates such pwreordeucptlsaceda ANSWER Subject to Defendant's preliminary and general special appearance Wallboard Laminating objections and without Compound waiving and wallboard Joint DEFENDANT'S AMENDED RESPONSES AND MASTER SET OF ANSWERS TO PLAINTIFFS INTERROGATORIES AND REQUEST FOR PRODUCTION motion and same Yes Compound PAGE 64 ANSWER subject to Defendant's special preliminary and general objections and appearance without motion waiving same INTERROGATORY NO 55 and No. Have any products you identified in Interrogatory Nos 52 and 54 not performed as list all such products that have not performed your response to intended Please as intended ANSWER Subject to Defendant's special Aprpeplliimcianbalrey and general objections and withoauptpewaariavnicneg msoa tm ioen and Not INTERROGATORY NO 56 Did you company or its predecessor or subsidiaries make order or arrange for any industrial ever regarding asbestos or hygiene surveys date of such containing dust If so give the for surveys and state who or what entity was responsible completion of such surveys ANSWER on the Kaiser Gypsum specifically objects to this interrogatory grounds that it is vague and ambiguous Subject to Defendant's special appearance motion and its gas enefroallloowbjsections and without waiving same KaiserpGryeplsiumminraersyponadnsd tests Interpreting this question to refer to surveys or conducted at jobsites where Kaiser Gypsum products are located No. INTERROGATORY NO 57 As to either the threshold limit values or maximum allowable concentrations the of both asbestos dust and total dust provided by American Conference of Governmental Industrial state Hygienists a The year in which Defendant or any predecessor or subsidiaries were first advised of such limits of concentrations b. The name of the employee or official of the receiving such advice company Cc. How Defendant received notice of such limits Or concentrations ANSWER Subject to Defendant's special appearance motion preliminary and general objections and without waiving same and Be Unknown after reasonable inquiry on es DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 66 b Unknown Co. Unknown INTERROGATORY NO after after 58 reasonable reasonable inquiry inquiry Were the concentrations threshold limit inquired about in values or maximum Interrogatory No. 63 allowable for total ANSWER Kaiser Gypsum on the grounds that specifically it is vague objects to this interrogatory Subject and to this objection ambiguous defendant's and unintelligible Not preliminary and general objections special appearance motion applicable and without waiving same See response to Interrogatory No. 63 INTERROGATORY NO 59 State in detail what regard to the tests if any Defendant asbestos dust quantity quality or threshold or particles to which workers ever made with limit values of using working with or around or were exposed while containing products installing your asbestos- ANSWER subject to Defendant's special appearance parpeplliimcianbalrey and general objections and without motion waiving same and Not INTERROGATORY NO 60 Please state the following with respect to each you sic that you may call designate with during trial of these expert witness including specificity the expert witnesses cases Please that you will call a The name address and job expert witness classification of each such b The subject matter testify on which the expert is expected to DEFENDANT'S AMENDED RESPONSES AND MASTER SET OF ANSWERS TO PLAINTIFFS INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 67 INTERROGATORY NO 62 Please Exhibit identify documents which will be used at time of List Deposition List which are trial Defendant's enumerated defenses in relevant to each of Defendant's last filed Answer ANSWER subject to and without waiving Defendant's appearance See preliminary and general special general objection number 3 objections specifically INTERROGATORY NO 63 Please state when you first received Fleischer Report published in a copy of the 1945/1946 ANSWER Subject to and without waiving Defendant's appearance See preliminary and general objections special general objection number 3 specifically REQUEST FOR PRODUCTION 1 Please produce a true and correct copy of each each containing product identified photograph of in Interrogatory No. 4 answer to RESPONSE Subject to Defendant's special appearance motion preliminary and general objections and without and the Kaiser Gypsum has been unable to locate any such phowtaoigvirnagphssame 2. Please provide any diagrams or schematics or detailing the existence of any of iynoudricastuibnsgidsitaartiiensg predecessors or divisions as defined on Page 1 of these Interrogatories and Request for Production RESPONSE Subject to Defendant's special appearance motion and general objections and without the unaware of waiving same Kaiser Gypsum is any diagram or schematic indicating stating or detailing the existence of any divisions subsidiaries predecessors or as defined on Page 1 7 Kesess fa DEFENDANT'S AMENDED RESPONSES AND ANSWERS TO PLAINTIFFS MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION PAGE 69 C C C C { esa! STATE OF CALIFORNIA ) } COUNTY OF CONTRA COSTA ) Before me the undersigned Melissa A. Youngman who being authority by me duly personally appeared sworn on her oath deposed and said that she is the authorized agent for Defendant Kaiser Gypsum Company Inc. in the entitled and numbered cause that she has read the above and foregoing Defendant's Amended Responses and Answers to Plaintiffs Master Set of Interrogatories and Request for Production to Defendant Subject to and Without Waiving Special Appearances to Present Motions Objecting to Jurisdiction and that every answer contained therein is within her personal knowledge and true and correct MELISSA A. YOUNGMAN SUBSCRIBED AND SWORN TO on this 23rd day of hand and official seal BEFORE ME by the said July 1992 to certify Melissa A. Youngman which witness my SHEPHERD | Popold SHEPHERD m Martha - s Notary LIGNOTARY CALIFORNIA : <7 CONTRA COSTA COUNTY Public State of California MY C. EXP JUNE 1995 15 1995 1995 STATE OF TEXAS 100 C 100 COUNTY OF TARRANT 100 VERIFICATION BEFORE ME the undersigned Notary Public on this date personally appeared David R. Seidler who being by me duly sworn on his oath and said that he is the attorney of record for Kaiser Gypsum Company Inc. in the above entitled and numbered cause that he has read the above and foregoing Defendant Kaiser Gypsum Company Inc.'s Amended Responses and Answers to Plaintiffs Master Set of Interrogatories and Request for Production to Defendant Subject to and Without Waiving Special Appearances to Present Motions Objecting to that every Jurisdiction and C statement contained therein is within his knowledge and true and correct Le MO fo DAVID R. SEIDLER 7 SUBSCRIBED AND SWORN TO BEFORE ME on the 27th day of July 1992 to certify which witness my hand and official seal STATE OF TEXAS STATE My Comm Exp01-12-9051-12-95 9 Ai Coffee Notary Public State Coffee