Document peqpex7wDV6EemZGbkJO1yoEa
DEFINITIONS 1
GEOGRAPHIC LIMITATION.
Unless otherwise spefcifically set
2
forth, the geographic scope of these interrogatories is norther*! 2
CALIFORNIA.
i
TIME LIMITATION.
Unless otherwise specifically set forth,
S
the tine frane of these interrogatories is 19J0 to the present. 6 7 "THIS DEFENDANT" (THIS DEFENDANT'S) shall nean the named
defendant herein, all of its predecessors in interest, and all of 8
9 its successors in interest.
10 "YOU" and "YOUR" refer to the defendant who is named above
n as the responding party. 12 "ASBESTOS-CONTAINING PRODUCT(S)" shall mean any product(s)
L3 of THIS DEFENDANT which THIS DEFENDANT knows or believes
U contain(s) the mineral asbestos.
,
15 "RAH ASBESTOS FIBER" means asbestos fiber mined or milled, <
16 either packaged or in bulk, not compounded with other substances !
17 and essentially pure with the exception of naturally occurring
18 trace amounts of other substances.
19
"MARKET" (KARXETing, MARKETed) shall mean the
mining, ,
20 supply, sale, labeling, distribution, imparting, processing or
21 manufacture of raw asbestos fiber and/or asbestos-containing 22 products.
23 A reguest mo describe the "NATURE" of ASBESTOS-CONTAINING
21 PRODUCT(S) shall mean to describe the: (a) color, (b) texture,
25 (c) form (l.e.. powder, liquid, paste, solid, board, cloth,
26 blanket, wire insulation, etc.), and (d) physical dimensions
27 (length, width, height, volume and weight).
28 ///
hi
to
2
"DOCUMENT(5) " or "WRITING(S) " shall include all writings as
defined by Section 2S0 of the California Evidence Code. A request 2
to "IDENTIFY" a "DOCUMENT" or "WRITING" shall mean a request to 3
state:
i
(a) the author; (b) the addressee; (c) date of origin;
(d) the nature of the writing or document (e g.. letter, 5
telephone memorandum, audio tape recording, photograph, etc.) ; 6
7 and (e) its present location and name and present address of
B custodian thereof.
9 A request to state the "IDENTITY" of a person or individual
means to state his or her name, the place of employment, job 10
11 title, present business or present or last known home address,
12 and present business telephone number.
13
"NORTHERN CALIFORNIA" shall encompass the following
forty-
I i
i
six (46) counties: Alameda, Alpine, Amador, Butte, Calaveras, U
15 Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn,
15 Humboldt, Kern, Kings, Lake, Lassen, Marin, Mariposa, Mendocino,
17 Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas,
18 Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara,
19 Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus,
20 Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba.
21 A "CONTRACT UNIT(S)" shall mean a department, division,
22 subdivision, branch, or group which has been or is now engaged in
23 installation and/or removal of RAW ASBESTOS FIBER and/or
24 ASBESTOS-CONTAINING PRODUCT(S).
25
"COMPANY"
means any profit-making private
enterprise,
26 including corporations, partnerships, joint ventures, and sole 27 proprietorships.
20 iu---kA HOf0uU u"6a0 IC*>0*>KC
t Kui
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3
GENERAL OBJECTIONS
The following objections are raised as to each and every
Interrogatory propounded in this set: 1. Defendant KELLY-MOORE objects on the grounds these
i !: Interrogatories are overly broad as to time and scope, are
6 ! burdensome, and are not reasonably calculated to lead
to
discovery of admissible evidence.
a I:
2. Defendant KELLY-MOORE objects to the extent
these
9 j' Interrogatories may have been previously answered under oath and
10 I as
such these Interrogatories are burdensome,
oppressive,
11 irrelevant and repetitious.
12 f
3. To the extent the Interrogatory is not full and complete
13 in and of itself, contains subparts and/or compound, conjunctive,
N and disjunctive questions, Defendant KELLY-MOORE objects that 15 these Interrogatories violate Code of Civil Procedure Section
16 2030.
17 4. Defendant KELLY-MOORE objects to the definitions and
18 instructions on the basis the definitions are overly broad, vague
19 and ambiguous, and burdensome. Furthermore, the definitions
20. contain various matters that are not permissible under law, are 21 S unintelligible, and are overly broad, burdensome and oppressive,
22 as well as vague and ambiguous.
-
23
5. Defendant
KELLY-MOORE
also
objects
to
these
24 Interrogatories to the extent they call for information protected
25 by the attorney-client privilege, or the attorney work-product
26 doctrine, or any other applicable privilege,
6. Furthermore, Defendant KELLY-MOORE does not waive any
23 I: objections *u*`O-0 U2-0' <
it has now or may have in the future 4
concerning
the
d. John
Bacigalupo: April
1969 to January
1972
-
2 Accountant; January 1972 to January 1976 - Controller and 2 Assistant General Manager; January 1976 to April 1978 -
Accounting Manager for West Coast Roclcy Mountain Division; April
L
5 1978 to March 1980 - Vice President of Accounting? March 1980 to 6 Present - Vice President of Accounting and Secretary-Treasurer. 7 Douglas Merrill; July 1968 to October 1968 - Quality S Control Chemist; October 1968 to December 1981 - Research and 9 Production Manager - Paco Division; December 1981 to March 1983 10 Assistant to Vice President, Manufacturing; March 1983 to April 11 1989 - Plant Manager; April 1989 to Present - Vice President of 12 Manufacturing.
n u INTERROGATORY NO. 2: 15 State whether YOU are a corporation. If so, state: 16 a. YOUR full corporate name; 17 b. the state of incorporation; 18 c. the date of incorporation; 19 d. the address of YOUR principal placs of business; 20 e. if YOU are wholly-owned or if acre than five (5) percent 21 of the ownership interest of YOUR COMPANY is owned by another 22 business entity, state that entity's name and principal place of 23 business. 7i ANSWER: 25 Without waiving its general objections. Defendant KELLY 24 MOORE responds as follows; 27 a. Kelly-Moore Paint Company, Inc. 28 b. California.
Ai
(i) the type(s) and/or grade(s) of RAW ASBESTOS
FIBER contained in each type of product;
(ii)
the quantitative percentage of the type(s)
of
RAW ASBESTOS FIBER in each type of product; (iii) any change(s) in the quantitative percentages of
the type(s) of RAW ASBESTOS FIBER in each type of product;
e. the NATURE of each type of product; f. a description of any wording, markings and/or logo on
each type of product; g. the recommended use(s) of each type of
product,
including temperature limits;
h. the naane(s) of the manufacturer(s) of each type of
product;
U i. the name(s) and address(es) of the supplier(s) of the Li amosite asbestos fiber used in each type of product; 16 j. the IDENTITY of the person(s) most knowledgeable 17 concerning the purchase of amosite asbestos fiber by THIS IS DEFENDANT. 19 ANSWER: 20 Without waiving its general objections. Defendant KELLY21 MOORE responds as follows: 22 NO.
23
24 INTERROGATORY NO 7:
2 i Has THIS DEFENDANT engaged in the HARKETing of amosite
26 asbestos fiber; if so, please state:
27 ii
a. the name and location of each amosite asbestos nine
It
28 i which THIS DEFENDANT presently operates, has operated, or in
wOSi-Qi.ll
* it--III
9
d. a general description of the chemical composition of
each type of product, including:
(i) the type(s) and grade(S) of asbestos fiber
contained in each type of product;
(ii)
the quantitative percentage of the types of
asbestos fiber in each type of product;
7 (iii) any change(e) in the quantitative percentages of
S the type(s) of asbestos fiber in each type of product; 9 e. the NATURE of each type of product;
10 f. a description of any wording, markings, and/or logo an
11 each type of product;
12
g. the recommended use(s) of each type of
product,
13 including temperature limits;
U h. the name of the manufacturer of each type of product; 15 i. the naae(s) and address(es) of the supplier(s) of the
16 chxysotile asbestos fiber used in each type of product;
17
j. the IDENTITY of the person(s) most
knowledgeable
18 concerning the purchase of ehrysotile asbestos fiber by THIS
19 DEFENDANT. 20 ANSWER:
21 Without waiving its general objections. Defendant KELLY-
22 MOORE responds as follows:
23 a. - g. Please see attached chart.
U h. Xelly-Moore Paint Company, Inc./Paco Textures Corp.
25 I i- Johns Manville, Carey Canada, and Union Carbide.
26 j. Douglas Wayne Merrill, Plant Manager.
27 i
28
,W I = :
///
11
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3
INTERROGATORY NO. 9 1 Has THIS DEFENDANT engaged in the MARKETing of chrysotile
asbestos fiber; if so, please state: a. the name and location of each chrysotile asbestos mine
which THIS DEFENDANT presently operates, has operated, or m
which THIS DEFENDANT has or had an ownershp interest, including
dates of such ownership, and the grade of chrysotile asbestos
fiber mined;
b. the date(s) THIS DEFENDANT first MARKETed chrysotile
asbestos fiber;
11 c. the date(s) THIS DEFENDANT ceased MARKETing chrysotile 12 asbestos fiber;
d. the grade(s) of such chrysotile asbestos fiber MARKETed
13
by THIS DEFENDANT;
la
15 e. the recommended use(s) of each grade of such chrysotile 16 asbaetos fiber, including temperature limits; 17 f. the name(s) and address (es) of the supplier (s) of 18 chrysotile asbestos fiber to THIS DEFENDANT. 19 ANSWER: 20 Without waiving its general objections. Defendant KELLY21 MOORE responds as follows: 22 NO.
23 2j INTERROGATORY NO. 10: 25 Has THIS DEFENDANT engaged in the MARKETing of ASBESTOS26 CONTAINING PRODUCTS comprised in whole or in part of crocidolite 27 asbestos fiber; if so, please state;
28 ///
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12
; a. the rrade, brand name and/or generic name of each cype
i of produce;
b. the
j product;
dace(s) THIS DEFENDANT first KARXETed each type
of
c. che dace(s) THIS DEFENDANT ceased MARKETing each type of
product;
d. a general description of the chemical composition of
each type of product, including: (i) the type(s) and grade(s) of asbestos fiber
contained in each type of product;
(ii)
the quantitative percentage of the type(s) of
fiber in each type of product;
(ill) any change() in the quantitative percentages of
the type(s) of asbestos fiber in each type of product;
e. the NATURE of each type of product; f. a description of any wording, markings and/or logo on
each type of product; g. the recommended use(s) of each type of
product,
including temperature limits; h. the name of the manufacturer of each type of product;
i. the name(s) and address(es) of the supplier(s) of the
crocidolite asbestos fiber used in each type of product;
j. the IDENTITY of the person(s)
most
knowledgeable
concerning the purchase of crocidolite asbestos fiber by THIS
DEFENDANT.
ANSWER:
Without waiving its general objections, Defendant KELL'il-
MOORE responds as follows;
11
NO.
2
3 ; INTERROGATORY NO. 11: !; Has THIS DEFENDANT engaged in the MARKETing of
t
j! asbestos fiber; if so, please state: 5
crocidolite
6 a. the name and location of each crocidolite asbestos mine
7 which THIS DEFENDANT presently operates, has operated, in the,
| 0
I 9
| 10
and/or in which THIS DEFENDANT has or had an ownershp including dates of such ownership, and the grade of
fiber mined;
interest, asbestos
LI b. the date(s) THIS DEFENDANT first KARXETed crocidolite
12 asbestos fiber;
13 c. the date(s) THIS DEFENDANT ceased MARKETing crocidolite
N asbestos fiber;
15 d. the grade(s) of such crocidolite asbestos fiber MARKETed
16 by THIS DEFENDANT;
17 e. the recommended use(s) of each grade of such crocidolite
18 asbsetos fiber, including temperature limits;
19 f. the name(s) and address(es) of the supplier(s) of 20 crocidolite asbestos fiber to THIS DEFENDANT.
21 ANSWER:
22 Without waiving its general objections, Defendant KELLY-
23 MOORE responds as follows:
U NO.
25 26 27
28
I-Qu\|
'C'k:
INTERROGATORY NO, 12: Does or did THIS DEFENDANT have a controlling ownership
interest in any COMPANY which MARKETed ASBESTOS-CONTAINING
14
!
i 1
PRODUCT(2); if so, pleas* state:
a . the name of such COMPANY ;
b. the date of incorporation of such COMPANY:
c. the state of incorporation of such COMPANY;
d. the date such interest was acquired;
a. the date such interest was changed or terminated, if 6I 7 li applicable;
11 a f. the name and location of each facility of such COMPANY;
9 g. the name of each type of ASBESTOS-CONTAINING PRODUCT(S)
10 manufactured, processed, and/or assembled by such COMPANY. a ANSWER:
12 Without waiving its general objections, Defendant KELLY-
13 MOORE responds as follows: NO.
N
15
16 INTERROGATORY NO. 13:
17 Does or did THIS DEFENDANT have a controlling ownership
ia interest in any COMPANY that MARKETed RAW ASBESTOS FIBER; if so,
19 please state:
20 a. the name of such COMPANY;
21 b. the date of incorporation of such COMPANY;
77 :
c. the state or country of incorporation of such COMPANY;
77 | 2i |
d. the date such interest was acquired; e. the dates such interest was changed or terminated, if
23 applicable;
26 f. the name
27 j! such COMPANY;
28 Ji ///
i*'-ii i "O -Ow
iu-'Oej iC-0J-4.C **
and location of each asbestos mine IS
owned
of
g. che grade and type of RAW ASEESTOS FIBER mined ac each
j mine.
3 }' ANSWER: Without waiving its general objections, Defendant KELLY-
5 j MOORE responds as follows: 6 j N-
i
7 i: 8 INTERROGATORY WO. 14: 9 Has THIS DEFENDANT warehoused any RAW ASBESTOS FIBER or 10 ASBESTOS-CONTAINING PRODUCT(S) in the State of California; if so, n please state: 12 a. the address of each warehouse facility; 13 b. the year(s) THIS DEFENDANT utilized each facility;
c. the IDENTITY of the custodian of warehousing records. 11 If ANSWER: la Without waiving its general objections, Defendant KELLY17 MOORE responds as follows: 18 Not Applicable.
19 20 INTERROGATORY NO. 15: 21 Has THIS DEFENDANT owned or operated facilities anywhere in 22 the United States in which ASBESTOS-CONTAINING PRODUCT(S) have 23 been manufactured, processed and/or assembled; if so, state: 21 a. the address of each such facility, including city and 25 state. 26 ANSWER: 27 Without waiving its general objections, Defendant KELLY28 i MOORE responds as follows:
w*'O*0 1C --O* * I k 6 II
16
1. Kelly-Moore Paint Company, Inc-, 9S7 Commercial Street,
San Carlos, California 94070. 2. Kelly-Hoore Paint Company, Inc., 301 West Hurst Blvd.,
Hurst, Texas 75053. 3. Kelly-Koore Paint Company, Inc., 3600 East 45th Avenue,
Denver, Colorado 80216. 4. Kelly-Koore Paint Company, Inc., 11200 Kirkland way,
Kirkland, Washington 98033.
5. Kelly-Koore Paint Company, Inc., West Kenosha Street,
Bro/cen Arrow, Oklahoma 74012.
6. Kelly-Koore Paint Company, Inc., The Alameda, Houston, Texas.
7. Kelly-Koore Paint Company, Inc., 1400 Campus Drive,
Ontario, California 91764.
.
INTERROGATORY WO. 16: If THIS DEFENDANT owned or operated facilities in which
ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed and/or assembled, please state:
a. the date said facilities began operation: b. the date said facilities ceased operation; and c. the name of each type of ASBESTOS-CONTAINING PRODUCT manufactured, processed or assembled at each such facility. ANSWER: Without waiving its general objections, Defendant KELLYKOORE responds as follows: 1. a. December 1960.
b. March 1578.
17
c. Please see attached chart.
2. a. As far as Defendant ifl aware, 1970. 2
b. As far as Defendant is aware, 1977. 3
c. Unknown.
4
s 3 . a. As far as Defendant is aware. 1971. 6 b. As far as Defendant is aware, 1976.
c. Drywall products.
7
8 4 . a. As far as Defendant is aware, 1969. 9 b. As far as Defendant is aware, 1972 . 10 c. Drywall products. 11 S. a. As far as Defendant is aware, 1969 . 12 b. As far as Defendant is aware, 1977 . 13 c. Drywall products.
6. a. As far as Defendant is aware. 1967.
14
15 b* As far as Defendant is aware, 1974. 16 c. Drywall products. 17 7 . a* As far as Defendant is aware, 1968. 18 b. Unknown; not operating at present. 19 c. Drywall products.
20 21 INTERROGATORY MO. 17: 22 Has THIS DEFENDANT purchased or otherwise aquired any rights 23 to the manufacture of ASBESTOS-CONTAINING PRODUCT(S) from another 24 COMPANY? If so, state:
25 a. the date of purchase or acguisition of such rights; 26 b. the trade, brand, and/or generic name of such ASBESTOS' 27 CONTAINING PRODUCT(S);
26
lull , * <0
///
18
I c. the name and location of any COMPANY from which such 2 rights were purchased or acquired; 3 d. the IDENTITY of the custodian of records of such i purchase(s) or acquisition(s). 5 ANSWER: 6 Without waiving its general obj ections, Defendant KELLY7 MOORE responds as follows; 8 NO.
9 10 INTERROGATORY NO. ifl : 11 Has THIS DEFENDANT applied for and/or received any patent(s) 12 for any ASBESTOS-CONTAINING PRODUCT(S). If so, state for each 13 such ASBESTOS-CONTAINING PRODUCT: 14 a. the product for vhich each patent was applied and/or 15 issued; 16 b. the date(s) of application; 17 c. the date(s) of issuance of the patent(s), if granted; 18 d. the date(s) of renewal, if any; 19 e. the patent number(s); 20 . f. the size and color, which appeared on the packaging or co 21 which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER. 22 AN8WER: 23 Without waiving its general objections, Defendant KELLY24 MOORE responds as follows: 25 | Not Applicable.
26 27 , ///
2B j ///
:v i
19
I ) Jj TVTgRROGATORY NO. 19:
: s Has THIS DEFENDANT registered any
3 i! ASBESTOS-CONTAINING PRODt)CT(S); if so,
ASBESTOS-CONTAINING PRODUCT:
trademark{s) for any state for each such
a. the product for which each trademark was registered:
b. whether the registration was State or Federal:
(i) if State, name the State;
c. the date(s) or registration; a 9 d. the term(s) thereof; 10 e. the date(s) of renewal;
f. the name of the individual or company to whom each 11 12 trademark was registered;
g. the IDENTITY of the custodian of such trademark records 13 u of THIS DEFENDANT. 15 ANSWER: 16 Without waiving its general objections. Defendant KELLY17 MOORZ responds as follows:
18
a. Trademark
registered
for Kelly-Moore1s
asbestos-
19 containing products is under the name Paco. Each of the specific
20 products are listed in Chart attached to Answer to Interrogatory 21 No. 16. 22 b. Federal. 23 c. July 23, 1963.
22 d. Paco Textures Corporation owns U.S. Reg. No. 753,175
25 that was granted on July 23, 1963 for Paco.
Paco Textures
26 I I
27 '
Corporation, assigns and transfer to Xelly--Moore Paint all rights, title and interest in Reg. No. 753,175.
28 jl ///
"li (
0*0 VC-&'<\C
Company
e. Every 20 years the trademark is renewed; last renewal
was July 23, 1983. . KELLY-MOORE PAINT COMPANY, INC.
g. John Bacigalupo.
INTERROGATORY NO. 20: Did THIS DEFENDANT contract with the General Services
Administration and/or other federal-government agency for the gale, anywhere in the United States, or RAW ASBESTOS FIBER between 19 30 and 1980; if so, state for each such sale;
a. the grade(s) and type(s) of RAW ASBESTOS FIBER;
1]
12 b. the quantity; 13 c. the date(s) of delivery;
d. the location(s), including the address(es) of delivery;
14
15 e. the name(s) of the agency with which THIS DEFENDANT 16 contracted; 17 f. the date(s) of execution of such contract(s) ; ia g. the IDENTITY of the custodian of such contract records If of THIS DEFENDANT. 20 ANSWER: 21 Without waiving its general objections. Defendant KELLY22 MOORE responds as follows: 23 NO. 24 25 INTERROGATORY NO. 21: 26 Did THIS DEFENDANT contract with the General Services 27 Administration and/or other federal-government agency for the 2a sale, anywhere in the United States, of ASBESTOS-CONTAINING
ui< .c
21
Rw*<iO 1
I K-
1 PRODUCT(S) between 1930 and 1980, please state (or each sue!-,
2 ! sale-' 3 j a. the type of product;
J! i b. the guantity;
c. the date(s) of delivery; 5
d. the location(s), including the address(es) of delivery; 6
e. the nane(s) of the agency with which THIS DEFENDANT
7
3 contracted; 9 f. the date(s) of execution of such contract(s);
g. the IDENTITY of the custodian of such contract records 10 11 of THIS DEFENDANT. 12 answer: 13 Without waiving its general objections, Defendant KELLY-
H MOORE responds as follows: 15 NO.
I )I
16 17 INTERROGATORY NO. ?2:
18 Does THIS DEFENDANT have any records of the MARXETing,
19 advertisement, or delivery of its RAW ASBESTOS FIBER and/or
20 ASBESTOS-CONTAINING PRODUCT(S) in or to NORTHERN CALIFORNIA?
If
21 so, state:
22 a. the Banner in which the records are kept, (e.g., in 23 boxes, files, on microfilm, microfiche or computer tape or disk); 1I
2a k* location(s) and address (es) where such records are
25 maintained;
26 c. the IDENTITY of the custodian of such records.
27 ///
23 ///
22
1 ANSffER: Without waiving its general objections, Defendant
2 3 ! MOORE responds as follows: i a. In boxes and in files in storage room.
b. 987 Commercial Street, San Carlos, California. 5 6 e. Douglas Wayne Merrill.
KELLY
7
8 TNTERRO<3ATORT MO. 23: 9 If THIS DEFENDANT has in its possession any records of the
10 MARKETing, advertisement, or delivery of its RAW ASBESTOS FIBER
11 and/or ASBESTOS-CONTAINING PRODUCTS
(including
microfilm,
12 microfiche, computer tape or disk, or any other system in which
13 data is taken from other records), state whether THIS DEFENDANT
U has retained the original DOCUMENTS from which the data entered
15 into these modes of storage was obtained. If THIS DEFENDANT has
16 not retained such original DOCUMENTS, state:
17 a. the date(s) when and location(s) where the original
18 DOCUMENTS were disposed of;
19 b. the IDENTITY of the custodian of the original DOCUMENTS
20 at the time of their disposal.
21 '
*hbwa-
22 Without waiving its general objections. Defendant KELLY -
23 MOORE responds as follows:
2* Not Applicable.
25 26 /// 27 ///
28
u>--vi -0"-0vll U*10*0 !CnO*`4vC i lC-uvf"
///
23
INTERROGATORY NO. 24: Does THIS DEFENDANT have in its possession any exemplar(s)
of advertisements or brochures describing its RAW ASBESTOS FIBER
and/or ASBESTOS-CONTAINING PRODUCTS; if so, please state:
a. the location of each exemplar;
b. the year(s) in which said exemplar(s) was utilized;
c. the IDENTITY of the custodian of such exemplars.
ANSWER:
Without waiving its general objections, Defendant KELLY-
MOORE responds as follows:
.
a. 1015 Commercial Street, San Carlos, California.
b. UnXrsown; sometime between 19G1 and 1977.
c. Douglas Wayne Merrill.
INTERROGATORY NO. 25: State the following: a. the address(es) where the corporate records of THIS
DEFENDANT (including minutes from the Board of Directors meetings and corporation annual reports), are currently located;
b. the IDENTITY of the custodian of such records. ANSWER: Without waiving its general objections, Defendant KELLY MOORE responds as follows: a. 907 commercial Street, San Carlos, California. b. John Bacigalupo.
INTERROGATORY NO. 2:
Describe the packaging or containers in which THIS DEFENDANT
sold
and/or distributed RAW
ASBESTOS
FIBER,
including
composition, dimension, shape and color.
ANSWER!
Without waiving its general objections, Defendant KELLY-
MOORE responds as follows:
Not Applicable.
9
10 INTERROGATORY NO. 27:
.
11 Describe any logo, design, marking or printing, including
12 size and color, which appeared on the packaging or containers in
13 which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER.
U ANSWER:
15 Without waiving its general objections. Defendant KELLY-
16 MOORE responds as follows:
17 Not Applicable.
18
19 INTERROGATORY NO. 28:
20 Describe the packaging or containers in which THIS DEFENDANT
21 sold and/or distributed ASBESTOS-CONTAINING PRODUCT(S), including
22 ! 23
composition, dimension, shape and color. ANSWER:
2t Without waiving its general objections, Defendant KELLY-
25 MOORE responds as follows:
26 |
Please see attached chart.
27 i [ 2S ///
u>o<k.:
j [ INTERROGATORY NO. 29: 2 ) Describe any logo, design, marking or printing, including
| size and color, which appeared on the packaging or containers in
which THIS DEFENDANT sold and/or distributed
j! 5 jj PRODUCT (Si.
ASBESTOS-CONTAINING
4 j &NSW5R: 7 j Without waiving its general objections. Defendant KELLYg ii MOORE responds as follows:
9 A picture or sample of most asbestos-containing products has
10 been
retained at Kelly-Moore Paint Company, Inc. at
9S7
jj Commercial Street, San carlos, California. They are
.. 1 for review. I
The markings differed for each product.
13
]4 INTERROGATORY NO. 30:
available
15 Does THIS DEFENDANT have any exemplar(a) of packaging or
16 containers in which its RAW ASBESTOS FIBER and/or ASBESTOS-
17 CONTAINING PRODUCT(S) were sold and/or distributed; if so, state:
18 a. the location of each exemplar;
19 b. the year(s) in which said exemplar(s) was utilized;
10 c. the IDENTITY of the custodian of such exemplars. 21 ANSWER: 22 Without waiving its general objections. Defendant KELLY23 MOORE responds as follows;
2a a. 987 Commercial street, San Carlos, California.
25 b. Unknown; sometime between 1961 and 1977; differed Cor 26 each product. 27 c. Douglas Wayne Merrill.
28
--VL. WO*/"Ou\<
*w*'*0 V4-0*'liC *
26
1 TKTEHROGXTORY HO. 31:
Did THIS DEFENDANT put warnings of asbestos-related health 2J
hazards on bags of RAW ASBESTOS FIBER; if so, please state:
<1
a. the
wording of such waming(s),
including
size,
5 location, and color;
b. whether the warning was put on a tag attached to the 6
7 bags;
a c. the date such warning(s) was first used;
9 d. whether any change was made in the wording of such
10 warnings, the date(s) of such change, and the reasons for such change.
11
12 ANSWER:
13 Without waiving its general objections, Defendant KELLY-
14 MOORE responds as follows: 15 Not Applicable.
15
17 18 INTERROGATORY NO. 32; 19 Did THIS DEFENDANT put warnings of asbestos-related health 20 hazards on the packaging or containers of ASBESTOS-CONTAINING
PRODUCT(S)? If so, please state: 21 22 a. the working of such warnings, including size, location 23 on the packaging or containers, and color: 24 b. the date such waming(s) was first used;
25 c. whether any change was made in the wording of such
25 warning(s), the 'date(s) of such change, and the reason(s) for
27 such change.
28 I ///
OM -Oul| V4-O*'(i.0
!!
!
1
1 ANSWER: Without waiving its general objections, Defendant KELLY-
2
1 MOORE responds as follows: 4 a. warnings were printed to reed:
CAUTION - READ BEFORE USING 5 COHTAINS ASBESTOS FIBERS
AVOID BREATHING DUST 6 BREATHING ASBESTOS DUST MAY CAUSE BODILY HARM
1
7 warning size: 1-1/2" x 3-1/2" or larger.
8
9 b. November 1972.
10
11 INTERROGATORY NO. 33:
12 Has THIS DEFENDANT distributed any brochures or pamphlets that contain warnings of any asbestos-related beelth hazards; if
13
U so, please state:
15 a. the wording of such warning;
16
b. the method used to distribute such brochures
or
17 pamphlets;
18 c. the data(s) such brochures or pamphlets were first
19 issued;
20 d. whether THIS DEFENDANT has exemplar(s) of such brochures 21 or pamphlets;
22 a. the IDENTITY of the custodian of such exemplar(s) 23 ANSWER:
2 A Without waiving its general objections. Defendant KELLY-
25 MOORE responds as follows:
26 Please refer to Interrogatory No. 32.
1, ; | i i
i 1 1 1
l
1
1 !
27
26 -OM-Ouil 1 u*'o*o ic-oimt
///
28
1 INTERROGATORY NO. 3Did THIS DEFENDANT warn its employees and/or CONTRACT
2!: UNIT(S), anywhere in the United States, that exposure to asbestos
could be hazardous to human health. If ao, state: ^ >i
a. whether copies of DOCUMENTS containing such 5
warnings
a exist; 7 b. the IDENTITY of the custodian of such DOCUMENTS.
6 I ANSWER:
9 j Without waiving its general objections, Defendant KELLY-
10 MOORE responds as follows: 11 a. Yes.
b. Douglas Wayne Merrill, 1015 Commercial Street, San 12 13 Carlos, California.
U 1J INTERROGATORY NO. 3S: 16 State the IDENTITY of medical directors and/or industrial 17 hygienists retained by THIS DEFENDANT in the United States. 18 ANSWER: 19 Without waiving its general objections. Defendant KELLY20 MOORE responds as follows: 21 Not Applicable.
22
23 24 25
26
27
28
tOA|"OuJ{
l^CJ VC"O*.|
INTERROGATORY NO. 36:
Has any employee of THIS DEFENDANT testified by deposition on behalf of THIS DEFENDANT in a third-party case, brought in the United states, wherein the plaintiff.has alleged an asbestos-
related injury? state:
If so, for each such third party case,
please
29
a. che caption and case number;
b. the court of filing including state and county;
c. the date of the deposition;
d. the name and address of plaintiff s counsel of record.
ANSWER:
without waiving
its general objections, Defendant KELLY-
MOORE responds as follows:
1. a. Pete A. Falrl v. western MacArthur Company, et al..
Action No. 296985.
b. State of California, County of Sacramento.
c. October 8, 1984.
d. George W. Kilbouxne, Attorney at Law, 3755 Alhambra Avenue, Martinez, California 94553.
2. a.
In Re:
Clapper t Bravton Shipyard t Applicator
Asbestos Cases Consolidated for Discovery. Action Nos. Misc. 959 (Sol) i 804416 (SF) ; James K.
Williams v. Abex Coro., et al.. Action No. 584329-1
(Ala); southvall Price v. Abex Corn.. et al..
Action No. 584328-2 (Ala); Robert Dixon v. Abex
Corp.. et al.. Action No. 584327-3 (Ala); Tommy
Dixon v. Abex Com., et al.. Action No. 585105
(Alameda); and Katherine i Joseph Maksim v. Johns-
Manville, tt al.. Action No. 768674 (SF) .
b. State of California, Counties of Solano,
San
Francisco and Alameda.
c. November 1, 1984.
d. Alan R. Brayton, 999 Grant Avenue, Novato, CA
94948.
30
I INTERROGATORY NO. 37:
' Has THIS DEFENDANT been a member of the following:
a. Asbestos Textile institute (ATI);
b. Industrial Hygiene Foundation and/or Industrial Health
|! Foundation (IHF) ; c. Mineral Wool Institute; d. Industrial Mineral Insulation Manufacturers Institute;
e. Magnesia Silica Insulation Manufacturers Association;
f. National Insulation Manufacturers Association (NIMA);
g. Thermal Insulation Manufacturers Association (TIMA);
h. Asbestos Information Association (AIA);
i. Quebec Asbestos Mining Association (QAHA);
j. National Safety Council;
k. Asbestos Cement Producers Association;
l. Refractories Institute;
m* any
other
organi2ations
or
associations
of
manufacturers,
miners, distributors,
importers,
labe11ers,
suppliers and/or sellers of ASBESTOS-CONTAINING PRODUCTS;
(i) please state the name(s) of such organizations or
associations.
ANSWER;
Without waiving its general objections, MOOR^ resporjds^s^follows:
Defendant KELLY-
'A
/\ piicable.
18 ///
31
1 INTERROGATORY MO. 3B:
II
For
each
organization,
2 !!
association or
other
entity
3 j identified in your Response to Interrogatory No. 37, please
I state:
4i
a. the dates during which THIS DEFENDANT was a member; 5 i'
i b. the name(s) of any publication(a) received by THIS
6
DEFENDANT from such association or organization;
7
c. the name of such committee or subcommittee of which THIS 8
9 C DEFENDANT was a member, and the dates of such committee or
10 | subcommittee membership.
;
11 i:
|!
t21:
ANSWER: Without waiving its general objections.
Defendant KELLY-
13 MOORE responds as follows: Not Applicable.
W
15 16 INTERROGATORY NO. 39: 17 Has THIS DEFENDANT received any DOCUMENT(S) containing
18 | results or conclusions of any studies and/or tests conducted by
19 the Saranac Laboratory at the Trudeau Foundation relating to the
20 human health consequences of exposure to asbestos? 21 please:
If so,
22 j|
'
23 j
a. IDENTIFY all such DOCUMENT(S);
.
b. state the date upon which THIS DEFENDANT first received
71 | such DOCUMENT(S);
25 !| 26 | ///
c-
tfie IDENTITY of the custodian of such DOCUMENT(S) .
27 j ///
4C~c* i,o
///
1 Without waiving^its general objections, Defendant KELLY-
2 3 MOOR_ re.sbon'ds^tfs follows:
i
5
6 State whether THIS DEFENDANT has ever maintained a library
7
s S! (or libraries) in the United States which contains books,
9 articles, periodicals, journals and/or reference materials that 10 1 relate to the subjects of asbestos, industrial hygiene, medicine, 11 safety, occupational disease and/or engineering. If so, state:
a. the date each such library was established:
12
13 b. the location of each such library; U c. the IDENTITY of each librarian or other person in charge 15 of such library. 16 AN3WER: 17 Without waiving its general objections, Defendant KELLY18 MOORE responds as follows: 19 NO.
20
21 22 23 1i 25 26 27
28
-3-Oult au*O"0
INTERROGATORY NO. 41:
Has THIS DEFENDANT exchanged documents containing
the
results of or communicated with any individual or other COMPANY
regarding tests and/or studies of the relationship between the
inhalation of asbestos fibers and development of disease(s): if
so, please state:
a. each individual or COMPANY with whom the information '-as
exhanged or to whom it was communicated;
b. the ate(s) of any such exchanges or communications;
c. the IDENTITY of the custodian of such documents.
ANSWER: Without waiving its general objections,
Defendant KELLY-
MOORE responds as follows: Unknown.
7 8 TNTERROaATORY MO. 42: 9 Has any employee of THIS DEFENDANT testified before the 10 Occupational Safety and Health Administration, the National 11 Institute of Occupational Safety and Health, or any committee or
subcommittee of the United States congress on the inhalation of 12 13 asbestos dust and the development of disease; if so, please U state: If a. the entity before whom such testimony was given; 16 b. the date(s) and location(s) of such testimony; 17 c. tha IDENTITY of the individual(s) who so testified; 18 d. whether any DOCUMENTS were presented to the entity 19 before which testimony was given;
20 e. whether copies of DOCUMENTS presented were retained by 21 THIS DEFENDANT;
22 (i) if so, state the IDENTITY of the custodian of the 23 DOCUMENT(S), 2i ANSWER;
25 Without waiving its general objections, Defendant KILLY-
26 27 i
MOORE responds as follows: NO,
28 i
.v, | i
i
34
1 INTERROGATORY NO. 43! At any of the physical facilities identified in the response
2 to Interrogatory No. 15, has THIS DEFENDANT conducted, or caused
3 i to be conducted, tests and/or studies of ambient asbestos dust
created during the manufacture, processing and/or assembling of 5
ASBESTOS-CONTAINING PRODUCT(S); if so, please State: 6 7 a. each manufacturing facility, including location and
address; at which any such test and/or study was conducted; 8 9 b. the date of each such test and/or study; 10 c. the individual(s) or entity conducting each such test 11 and/or study; 12 d. whether THIS DEFENDANT has any documents containing the 13 results and/or conclusions of each such study; U e. the IDENTITY of the custodian of the documents. 15 ANSWER: 16 Without waiving its general objections, Defendant KELLY17 MOORE responds as follows: IS a. 987 Commercial Street, San Carlos, California and 19 possibly other locations that are unknown at this time. 20 b. Unknown, 21 c. Engineers. 22 d. The location of any documents, that may or may not be in 23 existence, are unknown. 24 a. Douglas Wayne Merrill.
25 26 INTERROGATORY NO. 44:
27 Has THIS DEFENDANT conducted, or caused to be conducted, anv
28 oo>.W w"*G*0 \CmQ` t
tests and/or studies on ambient asbestos dust levels at any 35
location or job site where its ASBEaTOS-CONTAINIMG PRODUCTS were utilized in the United States; if so, please state:.
a. the location, including name and address, at which each such test and/or study was conducted;
b. the individual(s) or entity conducting each such test and/or study;
c. the date of each such test and/or study; d. whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such test and/or study; e. the IDENTITY of the custodian of these DOCUMENTS.
Without waiving its general objections. Defendant KELLYMOORE responds as follows:
No, other than answer listed above to Interrogatory No. 43.
INTERROSATORY NO. 45: Did THIS DEFENDANT have any laboratory or other facility
anywhere in the United States at which it conducted, or caused to be conducted, any tests and/or studies of its ASBESTOS-CONTAINING PRODUCTS to measure the amount of asbestos dust generated by any use for which such products were designed; if so, please state:
a. the location, including name and address, at which each such test and/or study was conducted;
b. the individual(s) or entity conducting each such test and/or study;
c. the date of each such test and/or study; d. whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such test and/or study;
36
1 e. the IDENTITY of Che custodian of such DOCUMENTS. 2 ANSWER:
Without waiving its general objections, Defendant KEELY3
MOORE responds as follows:
A
i NO.
6 7 INTERROGATORY NO. 46:
Has THIS DEFENDANT made available to its employees engaged 8 9 in the MARKETing of its RAH ASBESTOS FIBER and/or its ASBESTOS-
CONTAINING PRODUCT(S) , a medical examination program; if so, 10 11 please state: 12 a. whether chest x-rays or pulmonary function tests were 13 part of such program(s);
U
b. whether
participation in any such program was
a
15 mandatory condition of employment or was voluntary;
16 (i) if mandatory as a condition of employment, how
17 frequently each
employee was required to
undergo
such
18 examination;
19 c. whether THIS DEFENDANT has DOCUMENTS of such program;
20 d. the IDENTITY of the custodian of such DOCUMENTS. 21 ANSWER:
22 a. Yes.
23 b. Mandatory from 1972-1978; voluntary from then on.
7 A (i) Unlcnown.
25 c. Unlcnown.
26 d. If such documents exist, Douglas Merrill.
27 20 ///
-.t
" *!
37
TKTERROGATOHY KO- 47:
Has THIS DEFENDANT notified in writing any individuals or
COMPANIES to whom it HARKETed RAW ASBESTOS FIBER and/or ASBESTOS-
1 ' CONTAINING PRODUCT(S), anyvhere in the United States, of the i !' potential relationship between exposure to asbestos and disease; 6 : if so, please state;
a. the date(s) THIS DEFENDANT provided this information;
8 i: b. the means used for transmittal of such information; 9 c. whether THIS DEFENDANT has any copies of any DOCUMENTS
10 !; transmitting such information;
11 d. the IDENTITY of the custodian of such documents.
12 ANSWER:
13 without waiving its general objections, Defendant KELLY-
MOORE responds as follows:
,1
IS ll
No,
other than what is referred to in
16 j Interrogatory No. 32.
Answer
to
17 Ili18 INTERROGATORY NO. 4fl;
19 Has THIS DEFENDANT required any individual(s) who MARJCETed
20 its ASBESTOS-CONTAINING PRODUCT(S) to wear respirators or face
21 masks; if so, please state:
22 a. the job title(s), if known, of individual(s) required to
23 wear respirators or face masks;
2-1 b. the date(s) on which THIS DEFENDANT first required the
23 wearing of respirators or face masks;
26 i
27 |l
e. the means by which the requirement to wear or face masks was communicated;
respirators
28 /// *0 *t -hull ij
38
d. whether THIS DEFENDANT has any copies cf DOCUMENTS
communicating such requirements; `I
e. the IDENTITY of the custodian of such DOCUMENTS. 3
ANSWER:
Without waiving its general objections, Defendant KELLY -
MOORE responds as follows: *!
I I a. Plant workers.
7
8 b. Unknown.
9 c. orally.
10 d. No. 11 e. Not Applicable.
12 13 INTERROGATORY NO A 9: U Does or did THIS DEFENDANT utilize or employ any CONTRACT 15 UNIT. If so, please state: 16 a. the inclusive periods of time the CONTRACT UNIT(S) was 17 utilized or employed; 18 b. the business address and name of the CONTRACT UNIT(S);
!S> c. whether THIS DEFENDANT has any DOCUMENTS showing the
20 location(s) of the job site(s) where the CONTRACT UNIT(S) worked,
21 and if so, state the IDENTITY of the custodian of such DOCUMENTS.
22 23 |
answer: Without waiving its general objections. Defendant KELLY-
U MOORE responds as follows: 25 NO.
26
27 | ///
28
ufl*( -Out|
* H-ULf*
* 0 ' -4 ,-- I
///
39
1 lINTERROGATORY MO. 50: Has THIS DEFENDANT received any written communication or
2J
other DOCUMENT, other than a claim for workers' compensation,
]
A that any parson was claiming injury as a result of exposure to its RAW ASBESTOS FIBER and/or AS BESTOS --CONTAINING PRODUCT(S) ; if
5 so, please IDENTITY the first such written communication or
6 !! 7 DOCUMENT.
ANSWER: 6 9 Without waiving its general objections. Defendant KELLY10 MOORE responds as follows: 11 Yes, first notice was received on or about July 30, 1977
when Kelly-Moore Paint Company, Inc. was served with its first
12
lawsuit. 13
; : !
:
: :
U
15 INTERROGATORY NO. 51;
16 Has any person filed a claim for asbestos-related injury
regarding THIS DEFENDANT against any workers'
compensation
17
insurance carrier which provided coverage for THIS DEFENDANT; if 18
19 so, please state:
20 a. the date of such claim; 21 ' b. the name of claimant;
22 c. the caption;
23 d * the case name;
2 A e.. the court in which the i
25 f. the IDENTITY of the cus
26 ///
27 ///
28
wO*l*Dul| V"O*0 1C-O' I 10
l
///
!
40
j |
i
ANSWER: 1
Without waiving its general objections, Defendant KELLY-
MOORE responds as follows: Not that KELLY-MOORE is aware of.
i b INTERROGATORY NO. 52: 7 Has any person filed a workers' compensation claim for
asbestos-related injury against THIS DEFENDANT; if so, please e 9 state: 10 a. the date of such claim;
n b. the name of claimant;
c. the caption; 12 13 d. the case number; U e. the court in which the claim was filed; 15 f. the IDENTITY of the custodian of such documents. 16 ANSWER: 17 Without waiving its general objections. Defendant KELLY10 MOORE responds as follows: 19 At this point in time. Defendant KELLY-MOORE is aware of the 20. following: 21 WALTER R LAWRENCEi 22 a. March 31, 1983. 23 b. Walter R. Lawrence.
7i c. Walter R. Lawrence v. PACO, et al. 25 d. OAK 92646. 26 e. WCAB, Oakland. 27 f. Douglas Merrill.
26 "Oull (v** 0*0 Id-OvUO *t
o eoi
///
41
I I l i
1
ISAAC BPSH: a. March 9, 1997. b. Isaac "Ike" Bush. c. Isaac Bush v. Lyles Diversified, Inc., et al. d. (WCAB) OAK 150427. e. WCAB, Oakland. f. Law Offices of Jack K. clapper, 100 Shoreline Highway, duilding B, Suite 300, Hill Valley, CA 94941.
Satire & Lewis, Esqs., 433 Turk Street, San Francisco, CA 94102.
INTERROGATORY HO. 53:
Does THIS DEFENDANT have insurance available to cover
judgment(s) entered against it in asbestos-related personal
injury lawsuits; if so, please state:
a. the name and principal place of business of
any
insurance carrier who has issued such policy of insurance;
b. the number and effective date of each policy;
c. the amount(s) of coverage of each policy;
d. the applicable dates of coverage;
e. any reservation of rights contained in each such policy;
f. the amount of coverage presently exhausted under each
such policy; g. the amount of coverage presently available under each
such policy; h. whether limits contained in each such policy include
costs of defense.
///
42
-KIII>LV IIOOIIK I'M HT COHI>A*JY . IHC.
fliiiremiry ill U n til I l l y P iilliili'x
J in iu ry 1, m - OalQbf l , U M
3 2
I
answer:
1
Without waiving its oeneral objsctions, Defendant KELLY-
MOORE responds as follows: Please see attached list.
5
6 INTERROGATORY NO. S4:
Has THIS DEFENDANT owned or operated any petroleum refining
7
a facilities; if so, please state:
9
1
a. whether any ASBESTOS-CONTAINING PRODUCT(S) WERE KARKETed
on the premises of such refining facilities;
11 b. the location, including the name and address of all such
12 ! refining facilities:
13
ui
c. the datas of operation of such refining facilities: d. the types of ASBESTOS-CONTAINING PRODUCT(S) KARKETed on
15 such premises; 16 e. the names of the manufacturers of
CONTAINING PRODUCTS KARKETed on such premises;
17 I
any
ASBESTOS-
18 |
f. whether THIS DEFENDANT has documents identifying such
19 f KARKETing; 20 g. the IDENTITY of the custodian of such documents. 21 ANSWER: 22 Without waiving its general objections, Defendant 23 ! MOORE responds as follows:
KELLY-
NO.
25 26 27 28
-Ovl<
VC
INTERROGATORY NO S 5 :
Has THIS DEFENDANT held a controlling ownership interest in
ary
COMPANY
which owned or operated
petroleum
refining
facilities: if so, for the period(s) of time during which THIS
DEFENDANT held such interest, please state:
a. whether any ASBESTOS-CONTAINING PRODUCTS were MARKETed
on the premises of such refining facilities;
b. the location, including the name and address of all such
refining facilities;
c. the dates of operation of such refining facilities;
d. the types of ASBESTOS-CONTAINING PRODUCTS MARXETed on
such premises;
e. the
names of the manufacturers of any
ASBESTOS-
CONTAINING PRODUCTS MARKETed on such premises;
n
12 f. whether THIS DEFENDANT has DOCUMENTS identifying such 13 MARKETing; 14 g. the IDENTITY of the custodian of such DOCUMENTS. 15 ANSWER; 16 Without waiving its general objections. Defendant KELLY17 MOORE responds as follows: 18 NO.
19 20 INTERROGATORY MO. 57: 21 Has THIS DEFENDANT contracted with any COMPANY for the 22 MARKETing of ASBESTOS-CONTAINING PRODUCT(S) on any premises owned 23 or leased by THIS DEFENDANT: if so, please state:
24
a. the location, including name and address of
such
25 premises;
26 b. the name and address of each such COMPANY;
27 C. the types of ASBESTOS-CONTAINING PRODUCTS;
28 ///
.11 vC
44
I! II 1 d. the name of the manufacturers of such
2 I CONTAINING PRODUCTS;
ASBESTOS-
3 I e. whether THIS DEFENDANT has DOCUMENTS of such HARKETing;
k f. the IDENTITY of the custodian of such DOCUMENTS.
5 ANSWER;
4 [ Without waiving its general objections.
i 7 | MOORE responds as follows:
Defendant
s (! Not that Defendant KELLY-MOORE is aware of.
KELLY-
9 10 11 12 13 U 13 16 17 18 19 20 21 22 23 7a 25 26 27 28
.<( ^-
l
DATED:
BURNHILL, MOREHOUSE, BtTRFOJLD, SCHOFIELD t SCHILLER, INC.
BY: KATHLEEN S. FARLEY Attorneys for Defendant KELLY-MOORE PAINT COMPANY,
2l TNC.
45
ll 1 vERiricaTioif
I hereby declare under penalty of perjury that I am tne
3 5ecretarv-Treasurer of l^ELLY-MOORE PAINT COMPANY , INC. , a corporation, a party in the in Re Complex Asbestos Litigation and the Ip Re Shipyard and Applicator Asbestos Cases (Consolidated
7 for Discovery cases, and am authorized to mafce this Verification
8 for and on behalf of said corporation; that I have read Defendant
9 Kelly-Hoore's Answers to Plaintiffs Standard Bet O f
10 Interrogatories (Bet mo. On*) , and know the contents thereof, and
11 the same is true of my own Icnowledge, except as to matters which
12
J13
are therein stated upon my information and belief, those matters 1 believe them to be true.
and as to
U
Executed at San Carlos, California, this
7thday of
15 Tn ne___________
, 1990.
18
17 -s LWr< 18 r BACIGALp P ,j
19
20 (
21
22 23
U
25
26
27
t
28 j
'--hi "0{~Ovlf ;
"oc
;
` It --.U *
1
2
3 i
i
6 7
e
9
10
n
12
13
u
15
15 17
IB
19
20
21 22 ij
23 i
24
25
26
27 i
28 :
`I -flwS! -DM .C
|f
VERIFICATION
I hereby declare under penalty of perjury that I am the
Vice President Manufacturing Operations
of KELLY-MOORE PAINT COMPANY, INC., a
corporation, a party in the IP Re Complex Asbestos Litigation and
the in Re Shipyard and Applicator Asbestos Cases___(Consolidated
for Discovery cases, and am authorized to make this Verification
for and on behalf of said corporation; that I have read Defendant
Xelly-Hoora's Answers to Plaintiffs' Standard sat of
Interrogatories (Set No. one), and know the contents thereof, and
the same is true of my own knowledge, except as to matters which
are therein stated upon my information and belief, and as to
those matters I believe them to be true.
Executed at San Carlos, California, this 7t-h day of
June,
1990.
DOUGLAS' MERRILL
PROOF OP SERVICE BY MAIL
I declare that:
I am employed in the County of Contra Costa, I am over the
age of eighteen years and not a party to the within cause: my
6 !' business address
7 II Creek, California II
e
is 1220 Oakland Boulevard, Suite 200, Walnut 94596. On June 20. 1990. I served the within
9 DEPENDANT KZLLY-HOOFLE ' S ANSWERS TO
10 PLAINTIFFS' STANDARD SET OF INTERROGATORIES
11 12 13 in said actions by placing a true copy of each enclosed in a \i sealed envelope with postage thereon fully prepaid, in the United 15 States Mail at Walnut Creek, California, addressed as follows:
15
17 See attached Plaintiff Counsel and Defense Counsel lists for
18 IN RE COMPLEX ASBESTOS LITIGATION, Alameda County SC No. 607734-9
19 IN RE SHIPYARD AND APPLICATOR ASBESTOS CASES
20 (CONSOLIDATED FOR DISCOVERY), Alameda County SC No. 537868-7
21
22 23 I declare under penalty of perjury that the foregoing is 24 true and correct. Executed on June 20. 1990. at Walnut Creek, CA 25 94596.
26
27
23 ||
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iC-CM'HC 1
k Irene Carpenter
IS RE COMPLEX ASBESTOS LITIGATION - ALAMEDA COUNTY
PLAINTIFF COUNSEL PROOF OP SERVICE
BROCE L. AHNFELDT, ESQ., 700 Franklin Street, Napa, CA 94559
LAN OFFICES OF ROGER BALT, P.O. Box 12095, 1407 Webster Street, Suite
200, Oakland, CA 94604 BRAYTON i ASSOCIATES, 959 Grant Avenue, P.O. Box 2109, Novato, CA
94948 BROWN i FINNEY, 2033 N. Main Street, Sta 430, Walnut Creek, CA 94596 CARLSON 6 HUBICK, 7080 Donlon Way, suite 222, Dublin, CA 94568 CARTWRIGHT, SLOBODIN, et al., 101 California Street, Suite 2600, San
Francisco, CA 94111 CASEY, GERRY, Casey, et al., 110 Laurel Street, San Diego, CA 92101 CASEY, GERRY, CASEY, et al., 781 Tuolumne, Vallejo, CA 94590 LAW offices o? jack K- CLAPPER, 100 Shoreline Highway, Building B, Suite 300, Mill Valley, CA 94941 COREY t ORTON, 700 El Casino Real, Killbrae, CA 94030
DIGARIII 6 CAMPBELL, 436 - 14th Street, Suite 616, Oakland, CA 94612 DOOA, RAHIM fi rxtto, 385 Grand Avenue, Suite 201, Oakland, CA 94610 GEORGE 6 BUCH, 930 S. La Brea Avenue, Los Angeles, CA 90036 CHRISTOPHER E. GRELL, esq., The Monadnock Building, 685 Market Street, Suite 340, San Francisco, CA 94105 JEFFREY B. HARRISON, ESQ., One Daniel Bumhaa Court, Suite 220C, San Francisco, CA 94109 HILDEBRAND, McLEOD, et al., 414 - 13th Street, 6th Floor, Oakland, CA 54612 HOBERG, FINGER, et al., 703 Market Street, 18th Floor, San Francisco, CA 94103
JARVIS, MILLER, et al., 221 Main Street, Suite 1001, San Francisco,
CA 94105
KAZAN t MCCLAIN, 171 Twelfth Street, Suita 300, Oakland, CA 94612
GEORGE w. KXLBOURNB, ESQ., 3755 Alhambra Avenue, Suite 9, Martinez,
CA 94553
LAW offices OF cennetb L. KNAPP, 1109 Quail Street, Newport Beach, CA
92660
.
MACK, HAZELWOOD, et al., 221 Pine Street, Suite 600, San Francisco, CA 94104
EDWIN C. MARTIN, JR., ESQ., 501 Shatto Place, Suite 100, Los Angeles, CA 90020
MCCARTHY, JOHNSON 6 MILLER, 595 Market Street, Suite 2200, San Francisco, CA 94105
PELLETREA0, MOSES, et al., 2090 - 23rd Street, Box 35, San Pablo, CA 94806
JOHN C. ROBINSON, ESQ., 940 Adams Street, Suite B, Benicia, CA 94510-
ROBERT C. SCHUBERT LAW OFFICES, One Embarcadero Center, Suite 370, San Francisco, CA 94111.mt3
SIMKE, CHODOS, et el., 6300 Wilshire Blvd., Suite 9000, Los Angeles, CA 90048
STEMPLE i BOYAGIAN, 1526 Tennessee Street, Vallejo, CA 94590 STERNS t WALKER, 280 Utah Street, San Francisco, CA 94103 ROBERT E. THOMAS, ESQ., 2502 Park Blvd., Suite 200, Palo Alto, 94306
CA
GERALD J. TIERNAN, esq., 165 Fell Street, San Francisco, CA 94102 WILHELM, THOMPSON, et al., 600 Allerton Street, Redwood City, CA 94063
ALP(6/14/90)
IN RE COUPLET XfiRESTOS LITIGATION - ALAMEDA COUNTY DEFENSE COUNSEL PROOF OF SERVICE
ADAMS, DOQUE k EAZELTINE, c/a Seyfarth, Shaw, at al., 101 California Street, Suite 2900, San Francisco, CA 94111 ANDERSON, GALLOWAY i LUCCHZSE, 1S7S N. California Blvd., Suite 500,
walnut creek, CA 94596 ARCHER, KeCOHAS t LAGE80N, 2033 N. Main Street, Suite 800, P.O. Box 8035, Walnut Creek, CA 94596 ATCHISON, TOPEKA k SANTA PE RAILWAY CO., Legal Department, One Santa Fe Plaza, 5200 East Sheila street, Los Angeles, CA 90040 BARFIELD, DRYDEN i ROANE, one California Street, Suite 3125, San Francisco, CA 94111 BENNETT, SAMUELSES, at al., 1951 Webster Street, Suite 200, Oakland, CA 94112 BERRY k BERRY, 505 - 14th Street, 12th Floor, Oakland, CA 94612 BICXEL t DIAMOND, 4 Embarcadero Center, Suite 1650, San Francisco, CA 94111 BISHOP, BARRY, et al., 465 California Street, llth Floor,, San Francisco, CA 94104 BJORK, FLEER, et al., 493 - 9th Street, Oakland, CA 94607 BOGLE k SATES, 14 00 KOIN Center, 222 S.W. Columbia, Portland, OR 97201 BRANSON, FITZGERALD k HOWARD, P.O. Box 2IS9, Redwood City, CA 94064 BROBECX, PHLEGER k harrisoh. One Market Plaza, San Francisco, CA 94105 BRONSON, BRONSON k HcKINNON, 100 "B" Street, Suite 400, Santa Rosa, CA 95401 CARROLL, BDRDXCX i McDOHOOGH, 44 Montgomery Street, Suite 400, San Francisco, CA 94104 CLAPP, MORONBY, et al., 4400 Bohannon Drive, Suite 100, Menlo Park, CA 94025 COOLEY, SODWARD, CASTRO, HUDDLESON 6 TATUM, One Maritime Pla2a, 20th Floor, San Francisco, CA 94111 CRADDICK, CANDLAHD k CONTI, 915 San Ramon Valley Blvd., P.O. Box 810, Danville, CA 94526 CROSBY, HZAFEY, roach k KAY, 1999 Harrison Street, Oakland, CA 94612 DERBY, COOK, QUINSY k TWBEDT, 333 Market Street, Suita 2900, San Francisco, CA 9410S
DILLINGHAM k MURPHY, 605 Market Street, Penthouse, San Francisco, CA 94105
ERICKSEN, AMUTHNOT, et si., 1304 Willow Street, Martinez, CA 94553
FINAN, WHITE t PAETZOLD, 150 Spear Street, Suite 1725, San Francisco,
CA 94105
gilles 6 NTCORA, 1900 Embarcadero, Suite 201, Oakland, CA 94606 GLABPY k GLABPY, 201 N. Civic Drive, Suite 245, Walnut Creek, CA 94596
GORDON t REES, Embarcadero center West, 275 Battery Street, 20th Floor, San Francisco, CA 94111
GRAHAM k JAMES, One Maritime Plaza, Suite 300, San Francisco, CA
94111
'
HARDIN, COOX, et al., 1999 Harrison Street, 18th Floor, Oakland, CA 94612-3508
Harrington, Foxx, et al. , 611 W. sixth Street, 9th Floor, Los Angeles, CA 90017
ALAD(6/14/90)
1
KASSARD, BONNINGTON, etc., 5 Fremont Center, 50 Fremont Street, Suite
3400, San Francisco, ca 94105 HILL, GENSON, EVES, CRANDALL k WADE, 505 Shatto Place, Los Angeles,
CA 90020 HOWARD, RICE, NEMEROVISKI, CANNADY, ROBERTSON i FALK, 3 Embarcadero
Center, Suite 700, San Francisco, CA 94111 nancy E. HUDGINS, ESQ., 605 Market Street, San Franciaco, CA 94105 HYDE fi FORSBLAD, 1950 Mt. Diablo Blvd., Suite 310, Walnut Creek, CA
94596 IR6FELD, irspeld fi YOUNGER, 100 W. Broadway, Suite 900, Glendale, ca
91210 JACKSON, WALLACE k HAYDEN, 33 New Montgomery Street, lBth Floor, San
Francisco, CA 94105 JEDEIKIN, CONNOR k GREEN, 300 Montgomery Street, Suite 450, San Francisco, CA 94104 JEFFREY t KEINKANN, 685 Market Street, Suite 1000, San Francisco, CA
94105 KINCAID, GIANUNZXO, etc., P.O. Box 1828, Oakland, CA 94604 kinsELLA, boesch, et al., 1875 Century Park East, Suita 1600, Los Angeles, CA 90067 KNOX, RICKSEN k SNOOK, 1999 Harrison Straet, Suite 1700, Oakland, CA
94612 LAW OFFICES OF JOHN LADD, 1683 Folsom Street, San Francisco, CA 94102 LANDELS, RIPLEY k DIAMOND, 450 Pacific Avenue, San Francisco, CA
94133 LATHAM k WATKIMB, 633 West Fifth Street, Suite 4000, Los Angeles, CA 90071 LILLICK, MeHOSE k CHARLES, Two Embarcadero Center, 26th Floor, San Francisco, CA 94111 low, BALL k LYNCH, 601 California Street, 21st Floor, San Francisco, CA 94108 MacKENROTH, SELXT k ANffYE, 1610 Arden Way, Suite 250, P.O. Box 255800, Sacramento, CA 95865 MARRON, RETD k gHEshy, 601 California Straet, Suite 1200, San Francisco, CA 94108
RICHARD McCDNNZLL, ESQ., 114 Sansome Street, Suita 808, San Francisco, CA 94104 McCUTCHZON, DOYLE, at al., 3 Embarcadero Center, P.O. Box V, San Francisco, CA 94111
MCDONALD, PERUSSXKA k CULLOM, 635 Sacramento Street, Suite 720, San Francisco, CA 94111 KcGLYNN, McLORS, et el., Bayside Plaza, 188 Embarcadero, Suite 200, San Francisco, CA 94105 McNAMARA, HOUSTON, et al., 1211 Newell Avenue, Suite 202, P.O. Box 5288, Walnut Creak, CA 94596 MENTZ, FINN, CLARK, at al., 333 Victory Avenue, South San Francisco, CA 94080
MORGENSTEIN k JUBELIRER, 101 Market Street, 6th Floor, San Francisco, CA 94105
o1BRIEM, HAMMOND k conwaY, Francisco, CA 94104
PARICHAN, RENBERG, et al. , 93711
220 Sansome Street, 7th Floor, San 33So west Shaw, Suite 130, Fresno, CA
PARRIS ASSOCIATES, 1255 Post Street, Suite 1100, San Francisco, CA 94109
PERKINS COLE, 10900 Wilshire Blvd., 11th Floor, Los Angeles, CA 90024 PETTIT k MARTTN, 101 California Street, San Francisco, CA 94111
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PILLS BUR!, MADISON, t al. , 225 Bush Street, P.O. BOX 7830, San
Francisco, CA 94120 POHLE, JOHNSON, et al., 501 "J" Street, Suite 610, Sacramento, CA
95814 pond, SHJEFLo t wobi, 1730 S. El caaino Real, 6th Floor, San Mateo,
CA 94402 popelkA, ALLARD, et al., 160 West Santa Clara Street, suite 1300, San
Jose, CA 95113 ROGERS, JOSEPH, et al., Robert Dollar Building, 311 California
Street, 10th Floor, San Francisco, CA 94104 ROPERS, KAJE6KI, et al., 1001 Marshall Street, Redwood City, CA 940C3 mark H. ROSENTHAL, EBQ., 50 California Street, 30th Floor, San
Francisco, CA 94111 sedgwick, DETERT, et al., One Embareadero center, 16th Floor, San Francisco, CA 94111 9SEPPHARD, MULLIM, at el., Four Embareadero Center, 17th Floor, San
Francisco, CA 94111 SHIELD t SMITH, 580 California Street, Suite 1400, San Francisco, CA
94104 STARK, WELLS, et el., Lake Merritt Plaza, 1999 Harrison Street, Suite 1300, Oakland, CA 94612 STATE COMPENSATION INSURANCE FOND, 1275 Market Street, 3rd Floor, San Francisco, CA 94103 ST. CLAIR, ZAPPKTINI, McFETRIDGB 6 GRIFFIN, One Montgomery Street, Suite 1400, San Francisco, CA 94104 STEVENS k DR0MKOND, 1910 Olympic Blvd., Suite 250, Walnut Creek, CA 94596 STtJMBOS k MASON, 800 - 9th Street, Suite 200, P.O. Box 868, Sacramento, CA 95B04 SULLIVAN, ROCHE, et al., 333 Bush Street, 18th Floor, San Francisco, CA 94104 TARKZNGTON, O'CONNOR, etc., One Market Plaza, Spear Street Tower, Suite 4100, San Francisco, CA 94105 THELEM, KARRXN, at al., one Xaiser Pla2a, Suite 1950, Oakland, CA 94612 THOMPSON k HELLER, 3600 American River Drive, Suite 150, Sacramento, CA 95864 TOLPEGIN, IMAI, at al., One Post Street, Suite 2400, San Francisco, CA 94104
TOMLINBON, ZISKO, et al., 480 California Avenue, 2nd Floor, Palo Alto, CA 94306
WALSWORTH, FRANKLIN, etc.. Ill Sutter Street, 19th Floor, San Francisco, CA 94104 WEINTRAUB, GENSHLZA, ate., 2535 Capitol Oaks Drive, Suite 400, Sacramento, CA 95833 WHITEHORN k ravazzini, 2150 Franklin Street, Suite 571, Oakland, 94612 WISE, WIEZOREK, et al. , 888 S. Figueroa Street, Suite 840, Los Angeles, CA 90017
CA
WRIGHT, ROBINBON, et al., 44 Montgomery Street, 18th Floor, San Francisco, CA 94104
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3
