Document qkyEzqMn66Y19M1nywxX1Rmej

ulWAs# Uif^h-ilui-'/lw \ ,1 $ PRPTERICa LE GRANDS Pl.o intif f, -vs- ichns kaIIVILLE paidictg CORPORATION, a corporation of the State of Delaware Defendant. UNITED states DISiBICT COURT FOR THE DISTRICT OF NEW JERSEY"! CIVIL NO. 741-57 I-VERRCOATORIES TO: STRYKER, TAMS & HORNER, ESQS., Attorneys for Defendant SIRS: PLEASE TARE NOTICE that the plaintiff demands of the defendant, answers to the following Interrogatories, under oath, within the time prescribed by law: 1. List products containing asbestos and diatorulte by name and by description which defendant sold to H. W. Porter & Co. or its controlled subsidiaries, listing wnich ones were 3old during of the following years, 1952, 1953, 1954* 1955 and 1956, and state the name, address and re gistered agent of`entity making the sale. !i / 2. For each of the foregoing products, and for the J type and form sold to H. W. Porter and Co., state, by weight) j I' or ouch other definible standard as may be used, the content) i' of ashes ton par unit and for for each state the range of j 1 \ nice of the asbestos particles contained and tne form in which |1 asbestos particles (fibres, dust, etc.) may be present. `j | 3. .For each of the foregoing products, and for the !: ' tv-pe and form sold to R. W. Porter and 0o. state, by weight | or such other definible standard as >.iay be y3ed, the content) of diatomite oer unit and for each state the range of sizs of the diatomite ^articles contained and the form In which ?r<\ XO -u > U7T*\ diatom.ite particles (figres, dust, etc.) may be present. / / Wi&m 4. iituLc whether there is :-ny financial or stock relationshir as cordon or interlocking ownership between II. 7.4 T-or ter be. ana Johns-rbinvl 1 le Products Corporation ; t r t' (a) Whether II. .7 Porter <?; Co. In a nub a 5. diary controlled by defendant. (o) Which company owns stock in the other (c) Percentage of stock thus held of total stock issued ar.d whether the 3ame represents a controlling inheres^* ;j (d) Clann of stock held and voting rights of that |. cl as 3. !| ; ( s) Karnes of Lnuiviuual3 who ara employed or serve i! ij either as directors, officers, or common employees of both /; il. 77. Porter L Co. and Johns-Manville Products Cornorntion. I; * i> ij 5. Por each of the products recited in Interrogatory uuence ofji \) not contained ip this list, state whether the same v/as 7: 6 is ; versed . j| supplied to 17. 7/. Porter Co. during the years set forth in ji Interrogatory 1 by any other supplier than Johns-Manville anc If so, state the name and address of the supplier, the I1 type of material supplied, how that material compared Y/ith i. similar product^ supplied by Johns-Manville, the name or * / | designation of the material supplied by each supplier for 1 !j eacn yoar, cates when such materials were supolied and esti- ; e d qu entity of material supplied. by such sunplier. G* Per each of the followin'*. materials: U) i.iU'Tic si a (o) Ivool-l elt (c) h foc-ctos cement (d) : e.'.p 13 lock (-; K.u. .;or>l 7' -f' \ i Hr Incex (g) Hoc7: Cork -v,xt-*Trr;'***% qap y Bry I, .' 1 <9 (h) Pibroeel (i) 400 dement (4c) 552 Cement (1) stare: (a) One -Cote cement the materials and made and the percentage of (b) Per centaye by wai describing form of and size ram?o of asbestos particles. . (c) Percentage by weight of diatomite and others, in any form, describing form of and size range of diatonite particles. (a) Percentage by weight of silica in any form, and form of, and size of silica particles. (e) Period by years during whioii each product has been manufactured by Defendant. (f) Period by years during v/sjen each nroduct has been sold by Defendant to t. \'J. Porter 0 Co. (g) Whether the content and make-up of each ha3 re- (19.132 to date) .maijisd unchanged "urirr the last five year a/an q if there has bjeen any such change, ssecify and describe the same for //each product. 7. ."it- reference to l ho Defendant corporation, state: II (a) The net worth defendant corporation at the 'I one of the- lest fiscal yc-ar. (b) !.:e annual appropriations for research into im proving products manufactured by defendant for each year from 1940 to date. (c) r-;..o appropriations for research into means of improvin' or enhancing the safety of products containing asoestos for chose regularly exposed to said products. js tn (c) ,, (d) Year when such researen/was commenced and years ric-hh- wrick such research was commenced and years during 0 'iich su? o resorrch continued and names of nevaona oc'-a-sd in such research. U) : rip to. or. -/ears of nature and extent of such as. in ( c ) researoh/ar. 1 what such research aeccnolished or y' elded. 6. T..-ist any and all publications, reports, memoranda articles, or other writings known to Defendant, describing dioca3siiV'; or analyzing the effect of, ri3k of, or conse quences jf exposure to asocatos narticles or to silico du3t of she fyue contained in Defonuant's nrouucts, and for each such writing, etc., state; (a) Dace of publication and nublication in which con sained. (c; '.'nether a copy of the same is known by Defendant to be available and if so where. (c) The name, status and responsibilities of the author or authors at the time of the writing. (a) The title of tne said article. (o) Date when Defendant, through its staff, became aware of the existence of each such publication. . 9. Recite the names and addresses of any person or persons known^to Defendant, or its research staff to have maide Invent!-potions err studit-3 of any of the products set forth Into r r o <*v t o ry ir./one a3 to the contents or off-;ct of asbestos in 3uch products :.u .f --cue -.-os written, answer (a), (b), (c), (d) as set 1 oath in the previous interroratory. j 1 : or i.ij experimentation, scudy or inquiry as to j t e c-ff. j 1 ci asbestos or silico si 3 in products manufactured' .i and sole by Defendant dir'ctly or through it3 subsidiaries, I (a) h.ai.os wnen 3uvp otuuie3, etc. were commenced -.vwri yr+ic-m<r*i'.. iumi;1 y.^rr^rr vcwm* ------------------------- ilitlw fr`i ~ . ^--.-1-^ 9 `^ ifiriirf * irir~ 9 J; and oe^'.Ous dupin'; vMich 3u..:o continued. (b) Ih.uanven and aaarpoises of person op persons and tie- / clP t>. h " tl w makinu -y^ the s a7i e J (V r*- '/ PI >.c o v/her e saa..:e v/ere made. v'd) ] or each sue: con net forth, in (b) the present vhereaoouts (address) of such person and present employer. i if known. (e) `.That her any records, journals, experiment books || ^ 1it; v/ere ken t o" the studies, etc. and nreaent location of each ij I such record, journal, etc. and information contained in such ! record, journal, etc. Ij i 11. State whether Defendant, its subsidiaries, or its j> i* other staff or employees nave been or are aware of any In stance of asbestosis contracted by ashesto3 workers who had i; j| sustained exposure to any of the products listed in interro- i! ]j gatories 1 or co?narabic products containing asbestos, and, |i ' j! if so, state: (a) Name and address of each such person or nsrsons (b) Whether Defendant was advised or received any re port* relating causally the sustained exposure to products 4 , . containing asbestos to Lise contracting of asbestosi3. ^ (c) If theanswer to (b) isaffirmative, state the j i ( name and address of the oerson or persons making the report I I1 ! date of report, whether the sane was in writing, if so where ! ; puolrsnea or where as a copy of such report atthis tine. I j !, (d) '`'or each suer wovkor, trie conditions under v/hich j i: !M; each worker was exposed to asbestos, ,oeriod of tine and where'!. (' (e) -The nans of tho manufacturers of the product or ^ i' I i' '.roducts containing asbestos particles to which said worker was exposed. i i j |! t i, 12. State wh-.ither Defendant, or its subsiediarie3, in 1 I! ! behalf of Its or other employees, crovided any safety or pro- toctive devices to those who by reason of their employment 0> are e:o (a) i.nch 3ncu safety or ore1 ,-ct Lve device or mcasuru uti lii^. by D<*"c avant, j la subri diaries, err.loyees, or Ci y ; 11 : s (b) Period -jC time when each such device or measure '.\a3 utilized (cta^irif year /.lien commenced and. year when tcr.nlriaced, IP it was terminated). (c) Place and circumstances under which device or measure was utilized (d) Facts and circumstances which caused Defendant to employ or utilize such device or measure. (e) Date or year when Defendant first became aware of the facts or circumstances which caused it to resort to device or measure as in (d) above. (f) '.Vitb reference to defendant's own employees, state the date as nearly as Js possible when Defendant first learned that any of its own employees had contracted the disease commonly callc-d asbe3tosi3. ID. V/i.th reference to the products named in (1) state W'-ich oroouct3 are known to Defendant, or Defendant has rea- / son to oelieve contains parr.i clo-s or dust which, may cause fibrosis if inhaled in sufficient quantity and for each sues scats: (a) ''acts or information on -which Defendant's knowledge i1 0 3 J-- t- Z 'ii'tr O rill t^C (b) rime when those1 facts or inform ation were first available .;o he Pennant. (o) ir-e year when Defsndant first had z'r.-z Icnowledya or belief chan cne said nroouct or products contained particles or oust w .icn v.a- cause fibrosis if Inhaled in sufficient auar.ti tv. 4*. . S'. ** ... v / . Ur n v>'s A-*:>:/ n<ji i urtnUi--i \mm\ tiih 14. Did Defendant or it3 subsidi urios provide in structions or warnings to any of its employees to minimize the likelihood of contracting disease from sustained ex it ;. posure to asbestos oar sides and if so, date: (a) when the said instructions were first riven, where and under what circumstances, by whom and to whom. Id) Vinother there were any such instructions, pre- i cautions, warnings or the like issued by Defendant, its sub- siduaries or in its behalf in writin''- and if so, when, where, jj by whom, to whom and where a copy of such writing is present- <1 j1 ly available. ji j; 15. Did Defendant at any time issue any instructions, :j warnings or nrecaution with re-spect to the use or handling ~' ` |j or risk of use or handling of any of its oroducts containing j asbestos particles to anyone other than its employees and if r j| so, state: !l !l (a) Vvas sue:: warning, caution or instruction submitted to H. V/. Porter &. Co., its agents, or employees, and if so, when, where, in what form and to whom. (-b ) . 'whether any such writing was contained in any jl /backage or a3 part of any label and if so, when, and for whati iti ` i1 material, i! j (c) "i.-.ether any instruction or warning sheets were 11 ever published or composed and if so, when, where, by whom i: and how were the 3ame utilised, and what was the substance or text of she came. ` |; 15. In any of the jurisdictions in which Defendant or ij ; its subsidiaries operate,have there been any investigation ji :: or inquiry by any public agency as to the production, raanu- ji ji I'acture, use, application, or effect of any product of de- t j fondant's or It3 subsidiarv containing asbestos as to the oossicle toxic affect of the ab3estos particles contained therein and if so, 3Late what jurisdiction, aat$ nature of _t*>>>< : %. : - f' . hi,*'! : jAAmuAmAmmt3**r%+d&Am*mlafaL.m wi.i : inq :iry, a-'ency nald.nj scai, scone of inquiry, nanes and !, '' addresses of uerson or persons oar Lie `.rating in the same, ' ' (; and consequences jf the inquiry. i I ! :' 17. State whether my private agency, organisation or 'I ,-roao mown to Defendant conducted anj invent! ration or inquiry :'1 & jl as to the production, manufacture, U3e, aoplication or effect .1 i: as set forth in the previous interrogatory and if so, state !' the nave nd location of such agency, date of inquiry, natural I !, and scope of same, any and all writings or data accumulated !| I' therefrom, where the sane Is presently obtainable and the j i' contents of the same, i! !: 13. .71 In reference to masks utilised to limit or i I i minimise exposure to asbestos dust, state whether the same ha vs ever been utiliseu or made available by Defendant or its I. i subsidiaries in any part of its operation and If so, state: (a) '.Then first used or made available, v/here, when, by : whom and uriier what circumstances. (b) distant of use by Defendant or its subsidiaries | during each year from 1940 through 1956, stating approximate r* ; number of such masks, where used, by how many employees and :! gander what circumstances (as to exposure to asbestos particles). 1 (c) Describe in detail type or types of mask used and i* relate whether same was designed by Defendant specifically fojr u < ii use by persons exposed 'to asbestos dusts and features of mask; I ' rr.akinv the maskspecifically applicable for that nuroose. ' ' . - -- I I , (d) Jontvntr. or rueucunee of any instructions, stating | !' when and how io use said mssk and form of such j instructions. ! i if. 5 tata whether h.-bfiamc ins, between 19 40 ana 1956 :J taker, any st-eos to minimize or reduce the contents of no- j tent!ally tonic or noxious asoestoj dust or particles con- " w,v.-:vud.:.'ct.d tru / .7 .. no.;. rtblh twined ir. any of its products uno. if so state: (a) v.hu.. steps taken were- 'research or experimental in shame ts:- do sc rib in-; Lho dates, nature of the problem uo which re sea cch directed, location ana oorsons involved in such research or experimentation. (b) What steps actually resulted in chann;03 in the final o ; o iu c t or its pack a.pin.7, content or form, means of manufacture. (c) If there -.vere steps outlined in (b) above, compare the changes effected by Defendant, dates when effected, reasons for such changes and the results observed or ascertainable from such changes. 20. State the names and address of all oerson3 bavin" knowledge of facts relevant to this cause. 21. For each person named in 20 above, state the matters to which such person has lrnov/l edpo. 22. Stats the narne3.and addresses of all expert witnesses who may testify on behalf of Defendant and state: *(a) rotters on or fields in which they will be qualfri-ed. as expert. (b) All publications or writings on these natters which the 3aid expert has carcicipated in nreparinp. (c) hatters cn which said expert will testif27w (c) C-ualifications of such expert. 23. With rosoect ro t'ne second defense of the First fount of Defendant's Answer, specify the nature and source of the danqer which Defendant alleges plaintiff assumed. 24. With respect to the second defense, state the facts on which Defendant bases its allegation that the danper was "open, obvious and apparent". (a) To plaintiff (b) To Defendant % ftrj. State the precautionary measures which Defendant I! asserts plaintiff should have utilized in the use'of De- j1 fondant's products and state; I1 (a) Instances known to Defendant that establish '! these me a-,:;& as standard in plaintiff'e trade, yi vin.-~; ij !J location, cate and particulars of each sue'-; instance. 11 j' (b) ft'he facts on which Defendant bases its alls-ation !; " i; th''t olaintif<' did not exercise- or utilize such precautionary measures. (c) Steps taken by Defendant to publicize or recommend any such measures to persons in the same 3tatus or class as j plaintiff, i.e. asbestos workers. j 26. Dor the products sold to ft. IV. Porter ft Co. recited j in Interrogatory 1, 3tate the names and addresses of re gistered a.-ent or principals of all entities involved in the mininy, manufacture, packarjinr, distribution, sale or re search on products sold to H. V;'. Porter ft Co. 27. V/ith reference to plaintiff's employr-ent from 1945 ij to date, state; i1 f a) ftne ns ! fendant -- ' ( b } ' 2`ame, I7 (c, 'ft.e da worked on that ( d) Vhe na |i (a) Ih.e no n .. : (f) ftam-.; a asbestos utilized on the job and cold by Defendant {c) Dine and description of all materials containing asbestos utilized on the job sold by a supplier other than Johns Danville Products Corporation. kJ"~< --- . ct -- --' -r i J 1 i am L. 3 r a c h , Attorney for Dlaintiff >* & I FREDERICK LE GRANDE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSS: ) -vc- Plaintiff, JOHNS MANVILLE PRODUCTS CORPORATION, a corporation of the State of Delaware, ) ^ ) ) Civil No. 741-57 ANSWERS TO INTERROGATORIES . Defendant. ) The defendant, Johns Kanville Products Corporatic . answering the interrogatories propounded by the plaintiff, states on information and belief the following: 1. This defendant has no controlled subsidiaries nor did it sell any products-to H. W. Porter L Co. This de ponent has been informed that the following products manu factured by this defendant have been sold to H, V. Porter & Co, by Johns-Kanville Sales Corporation during the years 1952 to 1956, inclusive: . ' Superex Moulded pipe covering and blocks and cement calcined diatomaceous silicate combined with asbestos fiber. * Thermobestos Moulded pipe covering and blocks hydrous calcium silicate combined with as bestos fiber. Magnesia Pipe covering Moulded pipe covering and blocks and cement hydrated basic carbonate of magnesia bonded with asbestos fiber. Asbesto-Sponge Felted Pipe insulation, sheets and blocks laminated asbestos fiber felts, Asbestocel Pipe insulation sheets and blocks and flexible roll form laminated asbestos felts. B-6'xt 'a-ii-'o vrw' ' Millboard Fire Felt D. C. Flexstone Firetard Bonded asbestos fibers. Insulating Cements 301, 302 Asbestos fiber with various bonding materials. 2 & 3* The foregoing products have the percentage of asbestos fibers and diatomite as follows; Asbestos Diatomite Magnesia Pipe covering 5- 10 ' Superex 5- 10 60-70 Thermobestos 10- 15 40-50 Asbestos Sponge Felt Asbestocel D. C. Flexstone 85- 95 85- 95 60- 70 Fire Felt 90-100 Millboard Firetard 85- 95 60- 70 Insulating Cements 301 ' 302 10- 15 40- 50 10-15 20-30 4. No. 5. Stricken by order of Hon. Reynier J. Wortendyb Jr. dated January 17, 1953. 6. Stricken by order of Hon. Reynior J. WortendyKe: Jr. dated January 17, 1958* 7. (a), lb), (c), (e) stricken by order of Hon. Reynier J. Vortendyke, Jr. dated January 17, 1958. (d) Ko such research was conducted by this defendant* r, i* 8. Stricken by order of Hon. Reynier J. Wortendyke, Jr. dated January 17, 1958* 9. Stricken by order of Hon. Reynier J. Wortendyke, Jr. cated January 17, 195b'. 10. (As modified by order of Hon. Reynier J. Wortendy Jr. dated January 17, 195#) See answer to No* 7 (d). 11. (As modified by order of Hon. Reynier J. Wortendy' Jr. dated January 17, 1958) It was not* 12. (As modified by order of Hon. Reynier J. Wortendy Jr. dated January 17, 1958) (a) This defendant supplies respirators to such of its employees as are engaged in manufacturing operations in which asbestos particles are used. The-respirators are not United to a particular brand, but any brand may be used which has the approval of the U. S. Bureau of Mines for use for pneumoconiosis producing dusts. (b) Respirators have been used intermittently for approximately 25 years. (c) See (a). The respirators have been used at yarious plants of this defendant. (d) The use of respirators was adopted as a result of various Industrial Hygiene Foundation surveys. (e) Approximately 25 years ago. (f) This deponent has no knowledge of any case asbectosis ever being contracted by an applicator, Asbestosis was first contracted by an employee of this defendant at one of its plants in 1946. 13. This deponent has been informed that the product named in the answer o interrogatory No* 1 which nay contain particles or dust which may cause fibrosis if the particles are of the requisite size and are inhaled in sufficient quanti are: Magnesia Pipe covering, Superex Block Insulation, Superex M Block Insulation and Seperex Combination Pipe Insulation. We have no knowledge of any case of disease ever being developed by an applicator of the products listed above. Y.Te know from experience in our plants that workmen engaged in the formation of these products have developed such a disease. See answer to No. 12 (f). 14. Stricken by order of Hon* Reynier J. Wortendyke Jr. dated January 17, 195&. 15* Since this defendant never received notice of any claim of asbestosis resulting to any persons other than our employees who were engaged in the manufacture of the prod ucts, we had no reason to issue any warnings, instructions or preventions to any other persons. 16, 17 and IS. Stricken by order of Hon. Reynier J. Wortendyke, Jr. dated January 17, 195S. 19. See answer to No. 15. Since this defendant never had any reason to believe its products were toxic or -noxious, it has not taken any action to reduce or minimize such supposed hazards in its products. 20 and 21. This deponent does not know what facts may be regarded as relevant to this cause; however, the only persons now known to this deponent who have any knowledge con cerning she matters set forth in the complaint or in these an swers, in addition to himself, are: Kenneth T..r. Smith, K.D., A. K. Schmidt, Frank Deeg, 22. Last 40th : rent, Nev: York City; Wilbur H. Morris and Alton Steven3, il. VJ. Porter Co., Newark, Nev; Jersey. 22. (As modified by order of Hon. Reynier J. Wortendyke, Jr. dated January 17, 1958) The name and address of persons, expert or otherwise, who may have knowledge of any facts in the case, in addition to those listed in the answer to the foregoing interrogatory Wo. 20 and No. 21, will be submitted to the plaintiffTs attorney before trial. 23. To establish this defense this defendant will rely upon the nature of the products, the work performed, the knowledge and experience of the plaintiff and such facts as xa be developed upon further discovery procedures and upon the trial of the case. 24. See Wo. 23. 25. See No. 23. 26. Stricken by order of Hon. Reynier J. Wcrtendyke Jr. dated January 17, 1958. 27. (a - e) This deponent has been told that the plaintiff worked for H. V/. Porter & Co., but none of the other details of his employment is known. ' (f) See answer to No. 1. (g) See answer to No. 1. Whether H. W. Porter purchased products other than those which this defendant manufactured this deponent does not know, but since the business of this defendant is highly competitive, it is quite probable that H. W. Porter used products of other manufacturers as well. -5- UKITED STATES DISTRICT COURT FOE THE DISTRICT OF HEW JEESE FREDERICK LE GRANDE, ) vs- Plaintiff, ^ Civil No. 741-57 JOHNS KANVILLE PRODUCTS CORPORATION, a corpora tion of the State of Delaware, ANSWERS TO SUPPLEMENTAL ) INTERROGATORIES . ) - Defendant, ) The defendant, Johns Kanville Products Corporati answering the supplemental interrogatories propounded by the plaintiff, states on information and belief the following; 1. There have been no substantial changes. 2. Ho. 3. See No. 12 (a). ------ STATE OF NEW YORK COUNTY OF re-; YORK GS* I, Herbert Korton Ball of full age, being duly sworn according to law upon my oath, depose and say: 1* I am Secretary of Johns Manville Products Corporation and am duly authorized to execute this affidavit on its behalf* 2. I have read the foregoing answers to interroga tories and the interrogatories, and the answers are true to the best of my information and belief. Subscribed and sworn to ROBERT H. SEBERIE NOTARY PUBLIC. STATE C-F NEW YORK No. 60-3.5781 EO Qualified in Westchester County Certificates filed in ttte foiloxlrif offices: . County Clerk - fie* Yomi ' Commission fcxpires March 30. 19Sy risk to some persons who installed industrial insulation products .containing asbestos, in that inhalation of excessive quantities of asbestos fibers over prolonged periods of time under certain conditions might create a risk of the contracting of asbestosis to some persons. The label in use from 1972 to 1978 was pre scribed by the United States Department of Labor, Occupational Safety and Health Administration (OSHA) pursuant to 29 C.F.R. Sec. 1910.1001, such regulation being promulgated by OSHA in 1972. This label was revised by Defendant to include a no-smoking warning, implementation of which commenced in November, 1978. In addition, sales and service personnel, whose identity is presently unknown to Defendant, may have in the ordinary course of business communicated information to those using products manufactured by Johns-Manville Products Corporation kr employees installing such products as to the then.current threshold limit values. Defendant has on a continuing basis, furnished customers information as to the proper use and application of its insulating products. Defendant has directly or indirectly advised industrial insulation contractors to utilize ventilation equipment, such as respirators, at the sites where finished insulation products were being worked with and applied. Those respirators which have been recommended are approved by NIOSH (formerly the responsibility of the United States Bureau of Mines) for use as protection against pneumoconiosis-producing dusts. Defendant has also affixed the caution instructions to product packaging regarding the handling of these products set forth,supra. Defendant distributed to customers copies of the following booklet providing instructions designed to reduce health and safety risks in the fabrication, handling and application of asbestos products: -13- "Recommended Health Safety Practices for Handling and Applying Thermal Insulation Products Containing Asbestos" (1968) A copy of which is available for copying at the office of Defendant's counsel. Defendant has participated in, and contributed to, the informational and educational program of the National Insulation Manufacturers Association. This program is designed to educate the insulation contractors1 industry with respect to th health aspects of fibrous materials through regional meetings of insulation contractors' associations. The purpose of these meetings is to aid the contractors in minimizing or eliminating the inhalation of, among other things, asbestos fibers by those working with and/or installing and/or applying the products of Defendant and other manufacturers, i.e., industrual insulation applicators. In 1967, and again in 1968, programs have been presented at the regional meetings of industrial insulation contractors. Approximately 400 industrial insulation contractors have attended each year. These programs include a verbal review (of approximately three hours' duration) of the biological effects of fibrous materials, the threshold limit value of fibrous materials, methods for evaluating concentrations of dust, and engineering the method change recommendations to assist the contractors in dust abatement and environment control. In addition to the verbal presentations, booklets have been prepared by the National Insulation Manufacturers Association (NIMA), largely through Defendant's participation and efforts. The booklet entitled "Recommended Safe Practices for Handling and Applying Thermal Insulation Products Containing Asbestos", printed May 1, 1968, described above, was written by members of the NIMA Education and Information Committee. The Chairman of the Committee was Clifford L. Sheckler, who at that time, was also Manager, Accident Prevention and Health Administration -14- of Johns-Manville Corporation. Other members of the Committee included John Vyverberg, Owens-Corning Fiber Glass Corporation; Harry Mesler, Ruberoid Company; Leon Horowitz, Certain-teed Corporation;and Jack Barnhart, Executive Secretary of the National Insulation Manufacturers Association. The aforesaid booklet was produced and circulated during the 1968 meetings. Also, subsequent to the meetings with the contractors, considerable work has been done in conjunction with environmental control, especially in the area of fixed machinery and equipment. In addition, over the past several years, there have been many oral presentations and meetings at the plant level con cerning safety practices related to asbestos exposure. Defendant has cooperated with the Asbestos Information Association in the production of the following booklets: "Recommended Work Practices - Molding and Fabrication of Asbestos-Containing Plastic Products". "Recommended Work Practices - Fabrication and Use of Asbestos Friction Materials". "Recommended Work Practices - Shop and Field Fabrication of Asbestos Sheet Products". "Recommended Work Practices - Fabrication and Use of Asbestos Paper Products". "Recommended Work Practices - Use and Handling of Asbestos Textile Products". Such booklets may be obtained from the AIA, 1600 L Street, N.W. Washington, D.C. 20036. Additionally, Defendants participated in 1971 through the Occupational Health and Safety Committee of the National Insulation Contractors Association in the preparation of a booklet entitled, "Safety Reminders". Such booklet is available from NICA, 8630 Fenton Street, Silver Spring, Maryland 20910, at a cost of 60 cents per copy. -15- Defendant has also made available the following: A booklet entitled, "What you Should Know About Asbestos and Health", published by Johns-Manville Corporation in January of 1975. A copy of which is available for inspection and/or copying at the office of Defendants' attorneys. This booklet was distributed to all employees at all locations using asbestos fiber or handling products containing asbestos fiber. A booklet entitled, "What Every Employee Should Know About Asbestos", published by Johns-Manville Corporation in 1973. A copy of which is available for inspection and/or copying at the office of Defendants' attorneys. This booklet was dis tributed to all employees at all locations using asbestos fiber or handling products containing asbestos fiber. A pamphlet entitled, "Recommended Safety Practices for Handling Asbestos Fiber", published by Johns-Manville Corporation in November, 1973 A copy of which is available for inspection and/or copying at the office of Defendants', attorneys. This pamphlet was distributed to all employees at all locations using asbestos fiber or handling products containing asbestos fiber. An employee notification form entitled "Dear Johns-Manville Employee", published by JohnsManville Sales Corporation. A copy of which is available for inspection and/or copying at the office of Defendants' attorneys. This was inserted in pay checks of all employees at all Johns-Manville Sales Corporation contract units beginning in 1970. Since 1976, Defendant has made available a Catalog of Occupational/Environmental Health and Safety Programs as listed below. All the publications, audio-visual programs and other material listed in this catalog are available to Johns-Manville -16- customers and public interest groups as well as to all Johns- Manville personnel. A pamphlet entitled, "Occupational Health Guide Asbestos", published by Johns-Manville in 1976. A copy of which is available for inspect- and/or copying at the office of Defendants' attorneys. This guide is designed as a reference for supervisory personnel. A 25-minute slide/tape presentation on industrial hygiene programs at Johns-Manville. A 20-minute slide/tape program on health aspects of working with asbestos. A 25-minute motion picture on occupational health risks associated with asbestos fiber. A newspaper entitled, "The Asbestos Report", published by Johns-Manville in 1976. A copy of which is available for inspection and/or copying at theoffice of Defendants' attorneys. Interrogatory No. 28: Have you received notice that any other person was claiming injury as a result of using asbestos products manufactured, and/or sold by your company or any of your subsidiary companies (both prior to and subsequent to the filing of this action)? Answer: Yes. Interrogatory No. 29: 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, if any. (d) The type of injuries allegedly sustained. (e) The name and address of each attorney who represents individuals making such claims. (f) The style and court number of each claim currently pending. (g) The resolution of each claim that has been settled or taken to judgment. -17- Answer: A list of litigation representing claims of alleged injuries from both raw asbestos fiber and asbestos-containing thermal insulation products brought against Johns-Manville Corporation and any of its subsic ries is attached hereto as Exhibit F. Included in that list is the caption of each case identifying the court in which the case is pending and the case number. Defendant objects to furnishing additional information as the same is a matter of public record in the court file of each case and readily available to Plaintiff. Interrogatory No. 30: Do you or any of your subsidiary companies have any records indicating that any of the above-described products containing asbestos fibers were sold to any of the companies listed on the attached Exhibit "A"? Answer: Yes. Interrogatory No. 31: If so, please state: (a) The name, address, and job classification of each individual who currently has possession of such records. (b) Please list the names of each company listed on Exhibit "A" to whom said products have been sold. (c) Please state the dates of each such sale and the amount and kind of materials sold. Answer: See Exhibit G attached hereto for available sales records of asbestos-containing industrial thermal insulation products sold to those companies listed on Exhibit A. Due to Defendant's record retention policy, sales records are not available prior to 1972. Sales records have been located which were furnished in earlier litigation for Associated Insulation of California for the year 1969. Interrogatory No. 32: Are your asbestos products marketed and sold by companies other than your own? -18- Answer: Products are also marketed through distributors. Interrogatory No. 33; If so, please list the name and address of each such company. Answer; See Answer Interrogatory No. 32. Defendant objects to the balance of this Interrogatory on the grounds that the same is overly broad and unduly burdensome. Interrogatory No. 34: Please list each individual who has acted in a medical advisory capacity to your company for the past 25 years and the current address and job title of each such individual. Answer: Defendant has had a medical function beginning in the middle 1930's. Since the middle 1930's, this function was administered by John P. Syme, Director of Industrial Relations. Mr. Syme is deceased. In 1947, a formal health and medical program was initiated for the benefit of employees of Defendant, under the administration of H. J. Jackson, Safety Director, Johns-Manville Corporation, Ken-Caryl Ranch, Littleton, Colorado. Beginning in 1952, the health and medical program was administered by H. J. Jackson, Manager, Industrial Health and K.W. Smith, M.D., Medical Director. Dr. Smith is deceased. Beginning in 1960, the health and medical program was administered by C. L. Sheckler, Manager, Accident Prevention and Industrial Health and K.W. Smith, J.D., Medical Director. Mr. Sheckler's address is 838 South Drive, Metadeconk, New Jersey. Beginning in 1966, the health and medical program was administered by C. L. Cheekier, Manager, Accident Prevention and Health Administration. Beginning in 1970 until 1972, the health and medical program was administered by C.L. Sheckler, Manager, Accident Prevention and Health Administration, and T.H. Davison, M.D., Corporation -19- Medical Director. Dr. Davison's address is 2069 Deerfield Road, Deerfield, Illinois. Beginning in November, 1972, to November 30, 1973, the health and medical cregram was administered by F.E. Marriner, M.D., Medical Dx. ^ctor. Dr. Marriner's address is Mallard Crossing, Rt. 11, P.0. Box 290, Gainesville, Georgia 30501. Beginning in 1972 until June 1, 1974, the corporate medical and health program was administered by W.R. Reitze, Manager, Accident Prevention and Health Administration. Beginning June, 1974 to date, the corporate medical and health program has been administered by Paul Kotin, M.D., Senior Vice President, Health, Safety and Environment. Beginning on July 1, 1977, William Paul, M.D. became Corporate Medical Director of Johns-Manville Corporation under | Dr. Paul Kotin, with Dr. Kotin retaining all responsibilities as Senior Vice President of Health, Safety and Environment. Interrogatory No. 35: Does Defendant have, in its possession, any books, pamphlets, memoranda or written materials of any kind or character that would indicate that, asbestos fibers, when inhaled, can be hazardous to the health of human beings? Answer: Since October, 1974, Defendant has maintained a library of medical/scientific information relative to the biological effects of asbestos. Such library is maintained within Defendant's Health, Safety and Environment Department. Interrogatory No. 36: If so, please state for each such pub lication: (a) The name of each such publication, document or written material. (b) The date each such document, memoranda or written material was published and the name of the publisher and author. (c) The name, job title and address of each person who currently has possession of such documents. -20- Answer: Defendant has in its possession a recently compiled bibliography of material contained within said library, which is available for copying and inspection in the office of Defendant's counse.. Interrogatory No. 37: Has Defendant undertaken to investi gate the occurrences alleged in Plaintiff's complaints? Answer: No; preparation of this case is in the initial phases. Interrogatory No. 38: If so, please state: (a) The name, address, and job title of the persons participating in each such investigation. ' (b) List each written record pertaining to such investigation and its location and custodian. (c) Has Defendant obtained statements from any witnesses? (d) If so, please 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: Not applicable. Interrogatory No. 39: Does Defendant admit that service of process was properly had on Defendant in this case? Answer: Yes. Interrogatory No. 40: If the Answer to Interrogatory No. 39 is negative, please explain the reason for such answer. Answer: Not applicable. Interrogatory No. 41: Has Defendant or any of its subsidiary companies, at any time, been a member of any "trade organization" or "association" composed of other manufacturers, miners, and/or sellers of asbestos products? -21- Answer: Johns-Manville belongs or has belonged to the following organizations: Thermal Insulation Manufacturers Association, Inc. 441 Lexington Avenue New York, NY 10017 ' (approximately 1969 to present) National Insulation Contractors Assn. 8630 Fenton Street Silver Spring, MD 20910 (10/66 - present) National Insulation Manufacturers Association, 441 Lexington Avenue New York, NY 10017 (approximately 1968-1968) Inc. Asbestos Information Association/North America Suite 402 1835 K Street, N.W. Washington, D.C. 20006 (approximately 1971 to present) . Asbestos Textile Institute P.O. Box 471 Willow Grove, PA 19090 (11/16/44 - 1973) 1 Quebec Asbestos Mining Association Suite 412, 5 Place Ville Marie Montreal, Canada H3B 2G2 (approximately 1930 to present) Asbestos Cement Pipe Producers Association Suite 1308 1600 Wilson Blvd. Arlington, VA 22209 (approximately 1972 to present) . Asbestos Cement Product Assn, (defunct) New York, NY (approximately 1955 - 1967) Interrogatory No. 42: If so, please state: (a) The name and address of each such association or organization. (b) The dates during which Defendant or any of its subsidiary companies was a member. (c) The names of any publications published by or written by such association or organization. Answer: (a)-(b) See Answer to Interrogatory No. 41. ` -22- (c) Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. In addition, Defendant contends that each association's publica tions are available to Plaintiff through the respective associations. Interrogatory No. 43: Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 6 have been manufactured and/or assembled and the dates said plants have been in operation. Answer: Johns-Manville Products Corporation's major asbestos-containing industrial thermal insulation product manufacturing plants and their locations were as follows: Manville, New Jersey; Waukegan, Illinois; and Long Beach, California. Interrogatory No. 44: Please list the name and, address of each business entity from whom you have received iraw asbestos and the dates and amounts received. Answer: Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Interrogatory No. 45: Has sales material been prepared by Defendant or any of its subsidiary companies or their agents for purposes of marketing or advertising said asbestos products? Answer: Yes. Interrogatory No. 46: 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. -23- (d) The media used to disseminate the sales material. Answer; Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Interrogatory No. 47: Has any written material of any kind or character been prepared by Defendant or any of its subsidiary companies or their agents indicating how such products should be used and maintained? , Answer: Yes, as to use. Defendant's products require no maintenance. Interrogatory No. 48: If so, please state as follows: (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 Defendant's products. Answer: Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection but in an effort to be responsive. Defendant refers to its Answer to Interrogatory No. 27. Interrogatory No. 49: Does Defendant contend that Plaintiff improperly used its products? Answer: Unknown by Defendant at the present time. Interrogatory No. 50: If so, please set out in detail in which respect said products were improperly used. Answer: Not applicable. -24- Interrogatory No. 51: Does Defendant have policies of in surance that might cover the claims that have been made by Plaintiffs herein? Answer: Yes. Interrogatory No. 52: 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: The Travelers Insurance Company Hartford, Connecticut $200,000 per person 500,000 each occurrence 500,000 aggregate (1971 to 7/1/75) $2,000,000 aggregate, bodily injury and property damage (7/1/75 - 7/1/77) The Home Insurance Company New York, New York . $10,000,000 aggregate (7/1/72 - 7/1/75) 4,000,000 aggregate (7/1/75 - 7/1/76) As of 7/1/76, all primary coverage -- self insured with excess coverage to a total of $50,000,000. Interrogatory No. 53: Does Defendant expect to call expert witnesses at the trial of this case? Answer: Unknown by Defendant at the present time. . Interrogatory No. 54: If so, please state: (a) The name, address, and job classification of each such expert witness. (b) The testimony expected to be given by each such expert witness. Answer: See Answer to Interrogatory No. 53. Interrogatory No. 55: On what date did Defendant first become aware that inhalation of asbestos fibers by human beings could cause adverse health consequences? Answer: The Corporation became aware of the relationship between asbestos and the disease knowr as asbestosis among workers -25- MILLER, STRATVERT, TORGERSON & BRANDT bv Kenneth R. Brandt Attorneys for Johns-Manville P.0. Box 25687 Albuquerque, New Mexico 87125 Tel: (505) 842-1950 I hereby certify that a true copy of the foregoing pleading was mailed to counsel of record this /**' day of March, 1980. Kenneth R. Brandt -29-