Document qangX6z5no2XrNwJd6wN42k5E

PLAINTIFF'S EXHIBIT GPR-59 IN THE COURT OF COMMON PLEAS BUTLER COUNTY, OHIO ROGER DALE BLAKE, ET AL. Plaintiffs, VERSUS CASE NO. CV96 01 0191 (Hon. George Elliott) A-BEST PRODUCTS COMPANY, ET AL. Defendants, GEORGE P. REINTJES COMPANY, INC.'S RESPONSES TO PLAINTIFFS' INTERROGATORIES AND NOW comes, George P. Reintjes Company, Inc. (hereinafter "GPR"), and makes response to Plaintiffs' Interrogatories as follows: GENERAL OBJECTIONS GPR generally objects to Plaintiffs' Interrogatories as set forth below. These General Objections shall be deemed to be interposed to each Interrogatory, irrespective of whether GPR repeats such objections, unless the context indicates otherwise. To the extent that GPR has objected, it respectfully refuses to answer the affected portion ofthe request. GPR objects to these Interrogatories to the extent that they call for information which is protected by the attorney-client privilege and/or contain the mental impressions of counsel and fall within the work product doctrine. GPR objects to these Interrogatories insofar'as the information sought is not limited in time or to activities which transpired at locations which are the subject of this litigation on the grounds that any such response would be irrelevant to the subject matter ofthe pending litigation, would not be reasonably calculated to lead to the discovery of admissible evidence, and would be burdensome and oppressive. GPR's investigation and review of Plaintiffs' claims is currently in process. Therefore, GPR reserves the right to supplement these responses when, if, and as information is discovered. GPR objects to any Interrogatory that purports to impose upon GPR any obligations not expressly set forth in the Ohio Rules of Civil Procedure. ANSWERS TO INTERROGATORIES 1. For each Interrogatory below, please state the name and last known address of each person answering it, including whether he/she is employed by Defendant and if employed by Defendant include job title, length of time employed by Defendant and a year by year list of all other positions, titles, or jobs held when working for Defendant. ANSWER: Robert Reintjes, Sr., President, employed by GPR as President since its inception in 1961. 1.1 Please identify all documents used, related to, or referred to in connection with the preparation of or answers to these Interrogatories and state the number of the Interrogatory and its subpart to each such document. ANSWER: Articles of incorporation. 2. Please state whether or not Defendant is a corporation. If so, please state: (a) Your correct corporate name; (b) The state of your incorporation; (c) The address of your principal place of business; 2 (d) Your registered agent for service in the state of Ohio; (e) For each Defendant claiming that this Court lacks personal jurisdiction, list year by year the total amount of income received by the Defendant from entities in Ohio, any and ail years that Defendant, as defined, has been licensed to do business in Ohio, and any real property owned at any time by Defendant or its present or past subsidiaries. ANSWER: (a) Geo. P. Reintjes, Co., Inc. (b) Missouri (c) 3800 Summitt, Kansas City, MO 64111 (d) Robert J. Reintjes, Sr. (e) Not applicable. 3. State Defendant's complete corporate or business history, including dates of incorporation, mergers, consolidations, reincorporations, and the like. Also provide historical information regarding all predecessors, prior names, asset purchases, acquisitions or spin-offs. In addition: a. if defendant or any of its predecessors or subsidiaries at any time purchased, assumed, or in any other manner acquired ANY of the assets and/or liabilities of any corporation or entity at any prior time engaged in any aspect of the placing of asbestos containing products into the stream of commerce or the insuring of asbestos related risk, then please state the following as to each acquisition: b. the name or description of each corporation, .entity or assets acquired by Defendant, that entity's state of incorporation and principal place of business, its date of incorporation, and the name of Defendant at the time of acquisition. c. the manner by which each such corporation, entity or interest therein, was acquired (e.g., merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); d. the date of each such acquisition; 3 e. the state in which each such acquisition was effected; f. the state law governing each such acquisition if specified by contract; g. whether Defendant became legally responsible for the past torts of each such corporation or entity; h. identify each document reflecting or related to the history and/or transaction(s) set forth in answer to this Interrogatory. ANSWER: GPR was incorporated in 1961. As to the remaining sections of Interrogatory No. 3, not applicable. 4. Please state whether or not the Defendant has purchased, assumed, or in any other manner acquired any of the assets and/or liabilities of any corporation or entity (such corporations or entities being limited to those engaged in the mining, selling, manufacturing, marketing or distribution of asbestos-containing products.) If so, please state the following: a. the name or description of each corporation, entity or assets acquired by Defendant, its state of incorporation and principal place of business, its date of incorporation, and the name of Defendant at the time of acquisition; b. the manner by which each such corporation, entity or interest therein, was acquired (e.g., merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); c. the date of each such acquisition; d. the state in which each such acquisition was effected; e. the state law governing each such acquisition if specified by contract; f. whether Defendant became legally responsible for the past torts of each such corporation or entity; g. whether the acquisition concerned asbestos-containing products. ANSWER: To the best of its current knowledge, no. 4 4.1 For each corporation, other than the answering defendant ("the entity"), that has at any time in the past been involved in the placing of asbestos containing products into the stream of commerce for which officers of the answering defendant's corporation have also served as officers, directors or served in any managerial position while employed by the answering defendant, state: a. the name of the entity involved in the placing of asbestos products into the stream of commerce; b. the manner in which the entity was involved in the placing of asbestos containing products into the stream of commerce (e.g., mining, milling, manufacturing, distributing, installing, rebranding, etc.); c. the specific.products placed into the stream of commerce by the entity year by year and by brand or trade name; d. the name, positions and a brief description of the responsibilities of the person or persons serving the answering defendant and the entity simultaneously including the positions held with the entity and with the answering defendant. ANSWER: Not applicable. See response to interrogatory no. 4. 5. Has Defendant ever engaged in the mining, manufacturing, selling, marketing, installation or distribution of asbestos-containing products? If so, please state the following: (a) The name of the company engaged in the activity (whether it is Defendant, Defendant's predecessor, or Defendant's subsidiary); (b) As to each product mined, manufactured, sold, marketed, installed or distributed, please state the following: 1. The trade or brand name. 2. Its identification number (model, serial number, etc.). 3. The time period it was manufactured, mined, marketed, distributed or sold. 5 4. Its physical description including color, general composition, and form. 5. A detailed description of its intended use and purpose. 6. A detailed description of the type package in which it was sold, listing the dates of each type of package used, a physical description of the package, and a description of any printed material or trademark that appeared thereon. 7. The percent of asbestos which it contained. 8. The percent of asbestos by asbestos type (amosite, crocidolite, tremolite, anthophyllite). (c) The time period during which each ofthese products were on the market; (d) The material components/ingredients of each such product, giving specific or approximate percentage both by weight and by volume of each material component/ingredient (this interrogatory is not limited as to the nature, weight and volume of non-asbestos ingredients, as well) of each such product; (e) How each of these asbestos-containing products can be distinguished from those of competitors; (f) A description of the physical appearance of such product; (g) A detailed description of the intended uses. ANSWER: GPR objects to the information sought in Interrogatory No. 5 on the grounds that such an inquiry is overbroad and unduly burdensome in that it is unlimited to time and location. The information sought requires excessive'detail, and is unduly burdensome in that the amount of research, time required and cost incurred would be oppressive and the benefit gained by Plaintiffs is outweighed by the burden on this Defendant. Without waiving its objections, GPR states that it was not in the business of mining, manufacturing, selling, marketing, or distribution of asbestos-containing products 6 6. Does Defendant or any of its subsidiary companies claim that any patent would cover any product listed in answer to Interrogatory No. 5? If so, please state the following: (a) The date of each patent; (b) The date same was issued; (c) The number of each patent application that is pending. ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 7. Have any of the products listed above in answer to Interrogatory No. 5 been altered in chemical composition since first being marketed? If so, please state the following: (a) The trade name of each such product; (b) The date each such product was altered; (c) The nature of the alteration; (d) The reason for the alteration. ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 8. Have any of the asbestos-containing products listed in response to Interrogatory No. 5 ever been niarketed, distributed, packaged, labeled, and/or sold by any other company or business? If so, please state the following: (a) The name and address of each such company. (b) The names and address of Defendant's distributors in Ohio and Illinois since 1940. (c) The date of each sale. (d) The name of the person at each location with whom you primarily dealt. (e) A list of all asbestos-containing products that you sold to each location from 1945 to 1980. 7 (f) The amount of each asbestos product sold to each location during that period. (g) Please identify all documents relating to this distributor for the particular location. ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 8.01 Has this defendant ever purchased asbestos containing products from any other defendant? ANSWER: GPR objects to the information sought in Interrogatory No. 8 on the grounds that such an inquiry is overbroad and unduly burdensome in that it is unlimited to time and location. The information sought requires excessive detail, and is unduly burdensome in that the amount of research, time required and cost incurred would be oppressive and the benefit gained by Plaintiffs is outweighed by the burden on this Defendant. 8.02 If the answer to the preceding Interrogatory is yes, please state the following: (a) name each defendant from whom this defendant purchased any asbestos containing product; (b) list each product purchased from each co-defendant; (c) list the dates of each purchase of asbestos-containing products from each co-defendant. ANSWER: Not applicable. 8.03 Has this defendant ever sold asbestos containing products to any other defendant? ANSWER: GPR objects to the information sought in Interrogatory No. 8.03 on the grounds that such an inquiry is overbroad and unduly burdensome in that it is unlimited to time and location. The information sought requires excessive detail, and is unduly burdensome in that the amount of research, time required and cost incurred would be oppressive and the benefit gained 8 by Plaintiffs is outweighed by the burden on this Defendant. Without waiving this objection and in the interests of cooperation, GPR states no. 8.04 If the answer to the preceding Interrogatory is yes, please state the following: (a) name each defendant to whom this defendant sold any asbestos containing product; (b) list each product sold to each co-defendant; (c) list the dates of each sale of asbestos-containing products to each co defendant. ANSWER. Not applicable. 8.05 Has Defendant engaged in the manufacture and/or sale and/or distribution and/or marketing and/or supply and/or purchase and/or use of non-asbestos-containing products for use in connection with temperatures above 125 Fahrenheit since 1930. If so, please state: (a) the date such activity began; (b) the years during which such activity took place; (c) the date when such activity was terminated; (d) if such activity was terminated, the reason(s) why; (e) the geographical area into which you claim the product(s) were sold, purchased or used; (f) identify the organizational unit of defendant so engaged; (g) the site(s) at which each such product was manufactured; (h) the material components of each such product, giving specific or approximate percentage both by weight and by volume of each material component of each such product; (i) the temperature ranges for which each product(s) was intended to be used; (j) the product's generic name; 9 (k) the product's trade or brand name; (l) the container in which the product was shipped (i.e., paper bags, cardboard boxes) including the size and amount of the container; (m) a description of any logos, writing impressions or identifying markings which appeared on the product, as well as a description of the package used, the dates that type of package was used, and any logos, product names, trademarks, etc. which appeared on the package; (n) whether the words "non-asbestos" or "asbestos free" were used on the package; (o) a detailed description of the intended method of preparation and application of the product; (p) a description of the physical appearance of the product, including size, shape, color and texture. ANSWER: GPR objects to the information sought in Interrogatory No. 8.05 on the grounds that such an. inquiry is overbroad and unduly burdensome in that it is unlimited to time and location. The information sought requires excessive detail, and is unduly burdensome in that the amount of research, time required and cost incurred would be oppressive and the benefit gained by Plaintiffs is outweighed by the burden on this Defendant. Without waiving its objection and in the interests of cooperation, GPR states that it has installed non-asbestos containing refractories which were intended to be used at temperatures above 125 Fahrenheit. 8.06 Did Defendant ever market or distribute any asbestos-containing product manufactured in whole or in part by someone else? If so, please state the following for each such product: (a) the name and address of the-manufacturer; (b) the product's trade and brand name; 10 (c) the organizational unit of Defendant who did so; (d) date(s) beginning, ending and during which the marketing or distributing took place; (e) whether the product was distributed through the same channels as those used for products manufactured by Defendant, and if not, please explain the exact channels of distribution; (f) identity all documents relating the marketing or distribution. ANSWER: GPR objects to the information sought in Interrogatory No. 8.06 on the grounds that such an inquiry is overbroad and unduly burdensome in that it is unlimited to time and location. The information sought requires excessive detail, and is unduly burdensome in that the amount of research, time required and cost incurred would be oppressive and the benefit gained by Plaintiffs is outweighed by the burden on this Defendant. Without waiving its objection and in the interests of cooperation, GPR states no. 8.1 Does Defendant have reason to believe that any of the asbestos-containing products listed in response to Interrogatory No. 5 were used at any of the sites listed on Exhibit A, attached hereto. If your answer is "yes", please state: (a) The basis of your answer. (b) Please state which of Defendant's asbestos-containing products listed in Interrogatory No. 5 were used at each job site listed on Exhibit A. ANSWER: Not applicable. No asbestos-containing products were identified in response to Interrogatory No. 5. 8.2 For each company or business that Defendant knows may have marketed, distributed, installed and/or sold, those products listed in response to Interrogatory No. 5, please state the following as to each job site listed on Exhibit A. 11 (a) The name and address of each such company; (b) The date of each sale from Defendant to such other company; (c) The name of the person at each other company with whom Defendant primarily dealt. (d) Names and quantities of the asbestos-containing products that you marketed, distributed, installed and/or sold to each such company from 1950 to 1974; (e) Please identify all documents relating to the sales to each such company. ANSWER: Not applicable. No asbestos-containing products were identified in response to Interrogatory No. 5. 8.3 If you do not know any business that may have marketed, distributed, installed, and/or sold the products listed in response to Interrogatory No. 5 to any of the job sites listed on Exhibit A, please state the names and last known addresses of those companies who Defendant knows marketed, distributed, installed and/or sold their asbestos-containing products in Ohio from 1950 to 1974. For each of those companies, please state the following: (a) Name and address of each such company; (b) The dates of each sale from Defendant to such other company; (c) The name of the person at each other company with whom Defendant primarily dealt; (d) The names of the asbestos-containing products that Defendant marketed, distributed, and/or sold to each such company from 1950 to 1974. ANSWER: GPR objects to Interrogatory 8.3 on the grounds that it incorrectly assumes that it marketed, distributed, installed, and/or sold asbestos-containing products. No asbestoscontaining products were identified in response to Interrogatory No. 5. 12 8.4 Does Defendant have records and/or any knowledge that reflects sales of their asbestos-containing products to any of the sites listed on Exhibit A, attached hereto? If so, please state the following as to each job site listed on Exhibit A: (a) The names and last known addresses of those people with such knowledge. (b) The location of such records. ANSWER: To the best of its current knowledge, no. 9. Did Defendant or any of Defendant's distributors, as listed in response to Interrogatory No. 8.1, 8.2 and/or 8.3 have sales representatives who specifically called on the sites listed on Exhibit A, attached hereto, from 1945 to 1975? If your response is yes, as to each site listed on Exhibit A, please state the following: (a) The name and last known address of each such representative and whether they are still employed by Defendant; (b) The period of time they acted as your representative; (c) Their general responsibility as to each facility; (d) Any documents relating, referring or pertaining thereto. ANSWER: GPR did not come into existence until 1961. It is possible that an employee of GPR attempted to procure business at the sites listed on Exhibit A in an effort to secure business. However, GPR has no specific information with which to respond to this interrogatory. 9.1 Identify all managers and sales personnel responsible for your sales or installation of any asbestos-containing products in Ohio from 1930 to the present and state their position, last known address and the local or regional office through which they were employed. 13 ANSWER: GPR had no managers and sales personnel responsible for sales or installation of any asbestos-containing products in Ohio 10. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing products? If so please state: (a) The name of each subdivision; (b) The full address of the home office and the date such subdivision or subsidiary was engaged in this contracting business; and (c) Whether said division or subsidiary conducted such business at any of the sites listed on Exhibit A, from 1940 to 1975? If so, please state the following as to each job site listed on Exhibit A: (1) The.dates of such contracts; (2) The specific asbestos-containing products that were used or removed in each contract. ANSWER: To the best of its current knowledge, no. 'll. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing refractory? If so, please give the name of each subdivision, the full address of the home office and the date such subdivision or subsidiary was engaged in this contracting business. ANSWER: To the best of its current knowledge, no. 12. Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 5 have been manufactured and/or assembled and the dates said plants have been in operation. ANSWER: Not applicable. No products were listed in response to Interrogatory No. 5. 14 , 13. Has Defendant, at any time, entered into a "rebranding" agreement with any other company, either as a buyer or a seller, concerning any asbestos-containing products and/or materials? If so, please state: (a) The name of the company manufacturing the asbestos products under such agreement; (b) The trade name affixed to such products; (c) The periods of time covered by each such agreement; (d) The volume (in dollar amounts) of each such transaction; (e) The purchaser of such products; (f) Does Defendant currently have in its possession any of the writings or contracts concerning such rebranding agreement? ANSWER: To the best of its current knowledge, no. 13.1 Have you ever owned or operated a business or portion thereof which engaged in construction, erection or tear out of furnaces, pipes, boilers, turbines, lehrs, ovens, kilns, etc.? If so, please state: (a) the same of said business; (b) the date of commencing business and cessation of business, if applicable; (c) type of construction or tear out performed; (d) state whether said business installed or supplied asbestos-containing products on the furnaces, pipes, boilers, turbines, lehrs, etc., i.e., gaskets, pipecovering, block, cement, rope, cloth, clothes, etc., containing asbestos, asbestos pipe, board, etc. (e) state the trade name and/or manufacturer of any asbestos-containing product which you installed-or supplied to any site on Exhibit A. (f) provide the dates for the applicable construction, installation or tearout project. 15 ANSWER: GPR objects to the information sought in Interrogatory No. 5 on the grounds that such an inquiry is overbroad and unduly burdensome in that it is unlimited to time and location. The information sought requires excessive detail, and is unduly burdensome in that the amount of research, time required and cost incurred would be oppressive and the benefit gained by Plaintiffs is outweighed by the burden on this Defendant. Without waiving this objection and in the interests of full disclosure, GPR states that it engaged in the business of refractory construction Use of asbestos containing materials was generally inconsistent with the services provided by GPR 13.2 Do you have within your, custody, possession or control any packages that presently or formerly packaged asbestos-containing products or were produced for the purpose of packaging asbestos-containing products contemporaneous with your manufacture sale or distribution of such asbestos-containing products? If so, provide the following: (a) a description of each such package; (b) the present location and custodian of each such package; (c) the date or approximate date on which each such package was produced. ANSWER: To the best of its current knowledge, no. GPR was not in the business of manufacturing, selling or distributing asbestos-containing products 14. What is the name, address and job title of each individual who participated in the design and preparation of manufacturing specifications for each such product listed above in answer to Interrogatory No. 5? ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 16 15. As to each product listed in response to Interrogatory No. 5, please describe how each product was to be cut, scribed, mixed and applied on the job. (In answering this question, give particular reference as to whether or not the materials were to be sawed or cut on the job. blown into confined areas, mixed with water in a cement or paste). ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 16. Based upon the material contents of the asbestos-containing products, the method of manufacturing, and the method of application, please state which products listed in Interrogatory No. 5 could be applied by a worker without creating dust. ANSWER: Not applicable. No asbestos-containing products were identified in response to Interrogatory No. 5. 17. Do any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character now exist relating to the design and preparation of the products listed in answer to Interrogatory No. 5? If so, please: (a) List each such written material or document; (b) Identify the person or persons presently in possession of each such document; (c) State where each such document is located. ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 18. Prior to releasing the products listed in Interrogatory No. 5 for sale and usage, were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: (a) The name of the products tested and the date of each test. 17 (b) The name, address and job classification of each individual who conducted such tests; (c) , The results of such tests. ANSWER: Not applicable. No materials and/or products were identified in response to Interrogatory No. 5. 18.1 Prior to releasing any products for sale and usage (whether asbestos-containing or not), were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: ' (a) The name of the products tested and the date of each test. (b) The name, address and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER: To the best of its current knowledge, no. 19. Does Defendant have or control 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 listed in Interrogatory No. 5 hereinabove? (a) Identify each such written material or document; (b) Identify each person who presently has possession of each such document; (c) State where each such document is located. ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 18 20. Were any design changes or modifications made as a result of such tests listed in answer to Interrogatory No. 18 hereinabove? If so, please state: (a) The trade name of the product changed or modified; (b) The nature of the change made and the date of such changes or modifications; (c) The name, address, and job classification of each person in charge of making a change. ANSWER: Not applicable. 21. After releasing for sale, distribution or marketing the products listed in answer to Interrogatory No. 5, did Defendant conduct any tests (either on animals or humans) to determine potential health hazards involved in the use of said materials and/or products? (a) The names of the products tested and the dates of said tests; (b) The name, address, and job classification of each person and/or agency conducting said tests; (c) Whether, as a result of any tests conducted, any products were removed from the market; (d) The names of all products removed from the market as a result of said tests. ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 22. Has Defendant ever conducted or caused to be conducted any studies concerning the effects of the inhalation of asbestos dust and/or fibers on workers or other persons applying, using and/or working around any of the asbestos products manufactured, sold, distributed and/or relabelled for distribution by you or your predecessor? If so, please state: (a) The dates and nature of such studies; (b) The names and addresses of persons conducting such studies; 19 (c) The purpose of such studies; (d) Identify and list those persons to whom such reports were given and the date of such dissemination; (e) State any publication or other written dissemination of the results of such studies; (f) State the nature of any action to eliminate or minimize the inhalation of asbestos dust fibers; and (g) Attach a copy of reports based upon such studies. ANSWER: To the best of its current knowledge, no. 23. Before placing in the market the asbestos-containing products that Defendant, mined, manufactured, sold, marketed, installed or distributed on the market, did Defendant make or cause to be made, any studies to determine whether their asbestos-containing products would be hazardous to people? If so, please state: (a) The date of said studies; (b) What studies were done; and (c) The titles of each study. ANSWER: To the best of its current knowledge, no. GPR was not in the business of mining, manufacturing, selling, marketing or distributing asbestos-containing products. 24. Please state whether or not Defendant ever conducted or caused to be conducted any tests in the field (where asbestos-containing products were applied, removed or utilized) to determine the nature and extent of asbestos dust and/or fiber exposure to insulators, applicators, fellow employees, or other workers removing and/or tearing out asbestos-containing products, and/or other workers in the vicinity thereof? If so, please identify: 20 (a) The date, place and nature of each and every test; (b) The particular asbestos-containing products to which each test applied; (c) The results of each test with particular reference to the number of asbestos fibers per cubic centimeter of air found at each site; and (d) The persons to whom the results said tests were given and the date of such dissemination. ANSWER: To the best of its current knowledge, no. 25. Please state whether or not Defendant ever obtained any knowledge concerning the likelihood of asbestos being hazardous to human health. If so, please state: (a) When Defendant first became aware of the hazardous potential of asbestos dust and asbestos fibers; (b) The manner in which the Defendant, Defendant's predecessor, or Defendant's subsidiary companies first obtained this knowledge and became aware of said hazards and from what source this information was obtained; (c) What information was disseminated within Defendant's company, or its subsidiary or predecessor regarding such adverse consequences or effects; (d) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form. (e) The name, address and job classification of the custodian of such information. ANSWER: GPR has no information concerning a specific date when it became aware of the discussions concerning such claims. However, GPR believes it became aware of the discussions at approximately the same time as the general public. 26. Please state when Defendant first became aware of the possible association between inhalation of asbestos dust and/or fibers and the contraction of asbestosis and cancers 21 including, but not limited to gastrointestinal cancer, laryngeal cancer, renal cancer, lymphoma, lung cancer and mesothelioma. As to each disease or condition, please state the source of that information, including a description of all tests conducted relative to the possibility of such a relationship. ANSWER: GPR has no information concerning a specific date when it became aware of the discussions concerning such claims. However, GPR believes it became aware of the discussions at approximately the same time as the general public. 27. Please identify all physicians, industrial hygienists, and other employees (including their names and addresses) who were employed, retained or otherwise engaged by Defendant for research, investigation or study concerning asbestos or asbestos-related disease. ANSWER: To the best of its current knowledge, none. 28. As to each person who acted in a medical advisory capacity (as it relates in any way to asbestos) to Defendant, please list their name, the date individual acted in this capacity, and that person's current address and job title. ANSWER: To the best of its current knowledge, none. 29. Please state if any medical officer or industrial hygienist or medical consultant ever made at any time any recommendations and/or suggestions to Defendant pertaining to the risks or hazards to persons involved in the manufacture or use of asbestos products and, if so, please state when, by whom or to whom such recommendations and/or suggestions were made and the substance of each recommendation. ANSWER: To the best of its current knowledge, no. 22 30. Please state the scientific and/or medical periodicals to which Defendant, its medical department, research department, industrial hygiene divisions, engineering department or consulting physicians subscribed between 1945 and 1975. ANSWER: To the best of its current knowledge, none. 30.1 Please state whether Defendant, its medical officer or industrial hygienist or medical consultant or physicians were ever involved in testing or received literature or correspondence from the Mellon Institute. ANSWER: To the best of its current knowledge, no. 30.2 Has any engineer, industrial hygienist or physician in your employ been a member in any professional group, trade group or any of the following groups: Asbestos Textile Institute National Insulation Manufacturers Association Thermal Insulation Manufacturers Association Quebec Asbestos Mining Association Asbestos Information Association Industrial Health Foundation Industrial Hygiene Foundation Iron and Steel Institute National Safety Counsel Refractories Institute Air Hygiene Foundation of American, Inc. Sprayed Mineral Fiber Association If the answer is yes, state the following: (a) The name of the group or groups in which the individual(s) were members; (b) The name and position individual(s) within the Defendant, as defined, who were members; (c) The years the individual(s) were members of the groups; 23 (d) Whether the Defendant paid the individual(s) dues or membership fees or reimbursed the individual(s) for dues or membership fees in the group. ANSWER: To the best of its current knowledge, GPR was an associate member of the Iron and Steel Institute between 1963 and 1981. Robert Reintjes, Sr. attended an annual meting of the Iron and Steel Institute each May between 1963 and 1981. To the best of its current knowledge, annual associate membership dues were $600. 31. State in detail what test, if any, Defendant ever made with regard to the quantity, quality, or threshold limit values of asbestos dust, fibers or particles to which workers were exposed while using, working with and/or around, installing and/or applying your asbestoscontaining products. ANSWER: GPR did not manufacture any asbestos-containing products. 32. For each test described in Interrogatory No. 31, please give the name of the person conducting the test, the date of the test, and attach true copies of any documents, including but not limited to, reports, findings or memoranda concerning such tests or studies. ANSWER: Not applicable. 33. Please state the year that Defendant was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of Governmental Hygienists and state the name of the employee/official of the company receiving such advice. ANSWER: To the best of its current knowledge, GPR received no such information. 24 33.1 State whether this defendant at any time caused to be conducted on any job site, any air sampling, dust counts, tests or other activities to determine air quality or worker safety. If your answer is in the affirmative, please indicate: (a) the date of any such air samples, tests or activities; (b) by whom such activities were performed; (c) where such activities were performed; (d) the results of any such activities. ANSWER: To the best of its current knowledge, no. 34. Does Defendant maintain a library dealing with industrial hygiene, medicine, safety and engineering and/or research? If so, state: (a) The date each such library was established; (b) The location of each library; (c) The name(s) of the librarian(s) since 1930; (d) List all journals subscribed to by you concerning asbestos, industrial hygiene, medicine, safety and/or engineering; (e) List all books and articles dealing with asbestos and asbestos-related diseases and the date acquired. ANSWER: To the best of its current knowledge, no. 35. Did Defendant in the 1920's or 1930's commission, or participate in the arrangements with Metropolitan Life Insurance company for studies at the Trudeau Foundation at Saranac Lake, New York, concerning the effect of inhalation or ingestion of asbestos fibers upon human and/or animal bodies. ANSWER: GPR did not exist in the 1920s or 1930s. 25 36. When was Defendant first aware of reports of studies of the Trudeau Foundation at Saranac Lake, New York, entitled "Effects of the Inhalation of Asbestos Dust in the Lungs of Asbestos Workers" by A. J. Lanza, Assistant Medical Director published in the J. Public Health Report, Vol. 50, No. 1, dated Januaiy 4,1935 ("Lanza Report")? ANSWER: To the best of its current knowledge, GPR is not familiar with or aware of the publication identified in Interrogatory No. 36. 36.1 Did you ever contract with Saranac Laboratories to study the hazards of any dust producing product manufactured by you (whether asbestos containing or not)? If so, identify by date and author all documents concerning or any way related to such study. ANSWER: To the best, of its current knowledge, no. 36.2 Did you ever contract with Saranac Laboratories to analyze dust or products? If so, identify by date and author all documents concerning or any way related to such analysis. ANSWER: To the best of its current knowledge, no. 37. Please state whether the Defendant at any time has been a member of any "trade organization" or "trade association" composed by other manufacturers, miners, distributors, and/or sellers of asbestos-containing products, and if so, please identify the name and address of each such association or organization, the dates of membership, and the names of any publications issued or written by such association or organization. ANSWER: To the best of its current knowledge, no. 38. With respect to each trade organization or association listed in answer to Interrogatory No. 37, please state whether the. minutes of the group's meetings and any 26 correspondence between the members of such groups concerning the hazards of asbestos exposure are available. ANSWER: Not applicable. No trade organizations or associations were identified in response to Interrogatory No. 37. 39. Please identify by name the technical and trade association periodicals to which the Defendant subscribed, and state whether Defendant had knowledge of any articles being printed, or withheld from printing, in said periodicals pertaining to the potential hazards of asbestos. If so, please state the following: (a) The title of each such article; (b) The periodical in which each such article was published; (c) The date each such article was published; (d) A detailed explanation of the reason for withholding any such article for ' printing; .(e) Produce documentation which refers, alludes or mentions articles which were withheld for publication. ANSWER: To the best of current knowledge, none. 40. Please state whether, prior to 1975, the Defendant sponsored, or attended any meeting, seminar, conference, convention or legislative hearing where the subject of occupational health and exposure to asbestos was discussed and, if so, please state the date and place of such meeting and name and address of any speakers or participants. ANSWER: To the best of its current knowledge, no. 41. As to each product listed in response to Interrogatory No. 5, please state whether Defendant, at any time, published and/or distributed any printed materials, including but not 27 limited to brochures, pamphlets, catalogs, packaging or other written materials of any kind or character that contain any warnings, cautions, caveats or directions concerning the possible health effects of the products on a person. If so, please state as to each product: (a) The name of each relevant product; (b) The wording of each such warning; (c) A description of each such printed material; (d) The method used to distribute the warning to persons who are likely to use the products; (e) The date each such warning was issued; (f) Whether any warning accompanied any of your asbestos-containing products sales literature, handout or pamphlets; (g) Please attach a copy of the warning and date said warning was issued; (h) The name, address and job classification of each person who presently has possession of the above-described documents; (i) The name or names and addresses of the company who provided, produced, or manufactured the boxes or containers on which the warning appeared and dates these boxes with the warnings appeared. ANSWER: Not applicable. No products were listed in response to Interrogatory No. 5. 42. Has sales material been prepared by Defendant or its agents for purposes of marketing or advertising the asbestos products listed in answer to Interrogatory No. 5? If so, please state: (a) The name and address of each person or entity who prepared same; (b) The name, address and job title of each person who presently has possession of same; (c) The date same was prepared; 28 (d) The media used to disseminate the sales material. ANSWER: Not applicable. No products were listed in response to Interrogatory No. 5. 43. Has any written material of any kind or character been prepared by Defendant, Defendant's predecessor or any of Defendant's subsidiary companies or their agents indicating how the products listed in answer to Interrogatory No. 5 should be used or maintained by the ultimate user of those working in facilities or at job sites where the product was used, installed or removed, including but not limited to, those sites listed on the job site list attached as Exhibit A. If so, please state the following: (a) The name, address and job classification of each person who prepared same; (b) The name, address and job classification of each person who presently has possession of same; (c) The dates and manner in which said material was distributed to purchasers of the product in answer to Interrogatory No. 5. ANSWER: Not applicable. No products were listed in response to Interrogatory No. 5. 44. Was any written material of any kind prepared by Defendant and distributed to those individuals listed in response to Interrogatory No. 9? If so, please state the following: (a) Identify the written material by content and date; (b) To whom was it delivered. ANSWER: Not applicable. 45. Does Defendant contend that asbestos-containing products can be manufactured so as to eliminate all potential health hazards to persons working with or around, installing or applying same? If so, please state the following: 29 (a) The date that Defendant first determined that another product could be used in place of asbestos; (b) The chemical of the substitute; (c) Whether the substitute is suitable for the purpose for which they are to be used; (d) Whether Defendant used the substitute for asbestos to 1971; (e) Whether Defendant ever used the substitute for asbestos for high or low heat insulation. ANSWER: GPR has no information which would permit a meaningful response to Interrogatory No. 45. 46. Did Defendant give any warnings to any individuals at the sites listed on Exhibit A., including any individuals who owned, operated or managed the facilities at the sites listed on Exhibit A, regarding the potential health hazards of any product listed in response to Interrogatory No. 5. If yes, please state: (a) Name of person most knowledgeable about this communication; (b) Name of person at the sites on Exhibit 1, attached hereto most knowledgeable about this communication; (c) Dates of each communication; (d) Contents of each communication. ANSWER: Not applicable. No products were identified in response to Interrogatory No. 5. 47. Did any person prior to 1970, file a claim against any Workers' Compensation carrier covering Defendant alleging that he or she contracted a disease as a result of exposure to asbestos? If so, please state the following: (a) A list of each such claim by claimant's name, date filed, the caption and jurisdiction involved; 30 (b) The disease alleged in each such claim; (c) A brief summary of the disposition of each such claim; and (d) The. name, address and job classification of the person or persons having custody of the records pertaining to each such claim. ANSWER: To the best of its current knowledge, no. 47.1 Please identify all documents concerning or in any way related to any decisions made by you to cease manufacturing asbestos-containing products. ANSWER: GPR was not in the business of manufacturing asbestos-containing products. 47.2 Has any person or company from which you purchased asbestos containing products ever issued a recall of their products or taken any action to take those products off the market after said products were in your possession: If so, provide: (a) the date of said recall; (b) the name of the company which issued the recall; (c) a copy of the recall. ANSWER: To the best of current knowledge, no. 47.3 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk of occupational disease or pneumoconiosis to those at any time engaged in the manufacture or production of asbestos-containing products. ANSWER: GPR objects to Interrogatory No. 47.3 on the grounds that it is overbroad. Without waiving this objection, GPR was not in the business of manufacturing and/or producing asbestos containing products. 31 47.4 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk* of occupational disease or pneumoconiosis to those at any time engaged in the use, as distinguished from the manufacture, or exposed to the use of asbestos-containing or industrial insulation products or who were otherwise exposed to asbestos-containing or industrial insulation products. (a) describe such action; (b) state when such action was taken; (c) state what written material exists related to such action; (d) state the names, job titles and last known address of the individuals who undertook such actions. ANSWER: GPR was not in the business of manufacturing asbestos containing products and/or industrial insulation products. 48. Did Defendant receive notice prior to 1968 that any person was claiming injury as a result of using asbestos products manufactured, sold, installed and/or distributed by Defendant? If so, please state: (a) The name and address of each claimant; (b) The date of notice of each claim; (c) A description of the claim; (d) The type of injuries allegedly sustained; (e) The name and address of each attorney representing the. individuals making such claims; (f) The style and court number.of each such claim; (g) The resolution of each claim. 32 ANSWER: To the best of its current knowledge, no. 48.1 Describe the method by which you have maintained records concerning the manufacture, sale, supply, distribution, use, advertising, delivery and/or installation or tear-out of each of asbestos-containing products. For each description provide the following: (a) each present and former company or corporate department, division or subdivision responsible for maintaining such records; (b) the manner in which the records are kept (e.g., boxes, computer tape, microfilm, etc.); (c) the inclusive dates of any such manufacturer, sale, supply, distribution, use, advertising, delivery and/or installation or tear-out which such record keeping system covers; (d) the present location at which all such records are maintained; (e) the identity of each person employed by you at any time from 1930 to the present who is or was responsible for the collection and maintenance of such records. ANSWER: GPR maintains records as required by law and nature of its business. To best of its knowledge, GPR has no records which suggest that any persons in the pending litigation were exposed to asbestos-containing products. 48.2 State whether any records concerning the manufacture, sale, supply, distribution, advertising, delivery, use or installation or tear-out of asbestos-containing products have been destroyed or discarded and if so, indicate: (a) the date and location of such destruction or discard; (b) the custodian and location of such records prior to their destruction or discard and the identify of each employee, representative, official or agent who ordered, authorized or supervised such destruction or discard. 33 ANSWER: GPR maintains records as required by law and nature of its business. To best of its knowledge, GPR has no records which suggest that any persons in the pending litigation were exposed to asbestos-containing products. GPR further states that it was not in the business of manufacturing, selling, supplying, or distributing asbestos-containing products. 48.3 For all documents, other than invoices, work orders and/or purchase orders, which relate to matters relevant to the all the preceding interrogatories: (a) Is there any kind of index for the documents? (b) How many pages is the index of documents? (c) How many documents are referred to in the index? (d) Is the index maintained in electronic format (i.e. database, word processing or other computerized format)? (e) What manner of electronic format is used? ANSWER: To the best of its current knowledge, no. 48.4 For all invoices, work orders and/or purchase orders, which relate to matters relevant to all the preceding interrogatories: (a) Is there any kind of index for the documents? (b) How many pages is the index of documents? (c) How many documents are referred to in the index? (d) Is the index maintained in electronic format (i.e. database, word processing or other computerized format)? (e) What manner of electronic format is used? ANSWER: To the best of current knowledge, no. 34 49. Has Defendant obtained statement from any witnesses including the Plaintiffs? If so, please: (a) list each witness who has given a statement and the name, address and job title of each person having custody of any such statement. ANSWER: To the best of current knowledge, no. 50. Do you contend that the Plaintiff/Decedent improperly used those products listed in response to Interrogatory No. 5? If so, please set out in detail in what respect the product was improperly used. ANSWER: Not applicable. No products were listed in response to Interrogatory No. 5. 51. As to the sites listed on Exhibit A, and as to each PlaintiffTDecedent, please state whether Defendant contends that there was any substance other than asbestos which contributed or caused Plaintiff/Decedent's injuries. If you answer is yes, please state the following: (a) ' The facts upon which you rely; (b) The identity of the sources upon which you rely which substantiate these facts. ANSWER: To the best of its current knowledge, GPR did not expose any persons in the pending litigation to non-asbestos products. Other than that which may have been produced during discovery, GPR has no information concerning potential deleterious materials at the various locations listed on Exhibit A. 52. Would any respirator, mask or other breathing devices prevent inhalation of the asbestos dust and fibers contained in products listed in answer to Interrogatory No. 5? If so, state: (a) When the respirator was sold; 35 (b) A detailed description of such respirator or other breathing devices, including name of manufacturer and model number; (c) The basis of your claim that such respirators or other breathing devices will prevent the inhalation of such dust and fibers; (d) Identify any tests performed regarding the efficaciousness of such respirators and other breathing devices in preventing the inhalation of asbestos dust and fibers including date, title, author and number; (e) List all documents which mention, allude or refer to tests performed on breathing devices which prevented the inhalation of asbestos dust and/or fibers. ANSWER: Not applicable. No products were listed in response to Interrogatory No. 5. 53. Does Defendant expect to call expert witnesses at the trial of this case? If so, please state the following: (a) Their identity, last known address; (b) The subject matter on which the expert is expected to testify; (c) The expert's specific conclusion and specific opinions and the specific basis therefore; (d) The expert's qualifications to render the opinions set forth above; (e) Whether any person identified in sub-paragraph (a) above has provided a report or other documentation to you, and if so, identify such document or report; (f) Identify all documents that you have provided to each person identified in response to sub-paragraph (a) above; and (g) Describe in detail the education and work history of, and identify any books, treaties, article, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to subparagraph (a) above. Alternatively, in lieu, of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answer. 36 ANSWER: Unknown at this time. Since GPR has no information upon which to evaluate the claims against it, it is unable to identify the fields of expert testimony that would be required. At such time, if ever, plaintiffs provide such information, GPR reserves the right to employ appropriate expert witnesses. 54. Please state the name and last known address of each expert witness who is not retained or employed for that purpose who is an employee of Defendant and will render an opinion within his expertise at the time of trial. ANSWER: To the best of current knowledge, none. 55. Does Defendant admit that service of process was properly had on it in these cases? If not, please state why. ANSWER: Yes. 55.1 For each and every affirmative defense asserted in the answering defendant's Answer to Plaintiffs Complaint, the Cross-Claims or Counter-Claims of any party against this answering defendant state: (a) the facts upon which the answering defendant relies for each and every affirmative defense; (b) each and every document which will be offered to prove each and every affirmative defense; and (c) each and every witness who will testify in support of each and every affirmative defense. (d) the substance and subject matter of the anticipated testimony of each witness identified in the preceding response. ANSWER: This Defendant has no information concerning the specific allegations of plaintiffs. Accordingly, GPR has advanced affirmative defenses which may be applicable to the 37 pending litigation. As discovery proceeds, the responses to these interrogatories will be supplemented. 56. Does Defendant have policies of insurance that might cover the claims that have been made by Plaintiff herein? (a) If so, please list the name of each insurance carrier who may have coverage, the amount of such coverage, and the dates of each such policy. ANSWER: To be supplemented. 56.1 Have you ever been involved in any litigation concerning potential insurance coverage for asbestos products liability matters? If so, please state: (a) the case caption, court and date of filing of each case in which you have been involved; (b) whether you were plaintiff or defendant; (c) a brief statement of the issues; (d) identify by date, author and recipient(s), (including recipients of carbon copies) all documents listed as exhibits by either party in this litigation; (e) identify by deponent and date all individuals who were deposed in these cases; (f) identify by date, author and recipient(s) all documents that have been placed on a protective order in such litigation; (g) identify all expert witnesses retained for use at trial in any of the above litigation by name, address and telephone number. ANSWER: To the best of current knowledge, no. 57. Please state the name and address of each person who has knowledge of relevant facts regarding claims and defenses of this lawsuit. 38 ANSWER: This Defendant has no information concerning the basis of the complaints against it. As discovery proceeds, this response will be supplemented. 58. State the last date that this Defendant sold, distributed, manufactured, installed, and/or otherwise placed asbestos-containing products into the stream of commerce. ANSWER: GPR did not engage in the business of selling, distributing or manufacturing asbestos containing products. Respectfully submitted. County of l ^ c Subscribed and sworn to before me, this the day of August, 1997. My commission expires: KAREN A. FOSTER Notary PuMo - Notary 8m! ------------- SWE OF MISSOURI Jtakaon Couitv MyCommtwioo EXpfroc March 20,2000 39 __ ^ Ernest W. Auciello, Jr. GALLAGHER, SHARP, FULTON & NORMAN 1901 Euclid Avenue 7th Floor, Buckley Building Cleveland, Ohio 216-241-5310 CERTIFICATE OF SERVICE I, Ernest W. Auciello, Jr., attorney of record for George P. Reintjes Company, Inc. do hereby certify that I have this day mailed, postage prepaid, by United States mail, a true and correct copy ofthe above and foregoing Responses to all counsel ofrecord. THIS, the _^rjday of __________, 1997. 40