Document v11BMO70x0r59pKmjOnKn5LDE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ETTA WALLACE, personal representative of the Estate of Fred A. Wallace, et al.. Plaintiff's, vs. CHRYSLER PLASTIC PRODUCTS CORPORATION, et al.. Defendants. ) Case No. C 84-7864 ) [Hon. Nicholas J. Walinski] ) ) RESPONSE OF DEFENDANT UNIROYAL, ) INC. TO PLAINTIFFS' REQUESTS ) FOR PRODUCTION OF DOCUMENTS' ) DIRECTED TO ALL DEFENDANT ) PVC MANUFACTURERS ) ) ) ) -oOo- ' - * * ' ', Now comes defendant, Uniroyal, Inc. and for its response to'plaintiffs' requests for production of documents, ' * states as follows: 1. All records of sales, direct or indirect, of Polyvinyl Chloride (PVC) resin from you to Chrysler Plastic Products Corporation (Chrysler) between January 1, 1967 and December 31, 1980. ANSWER: Records containing such information are available inspection and copying at Uniroyal's World Headquarters, Middlebury, Connecticut. for 2. All documents indicating the extent to which PVC resin sales to Chrysler during the time period indicated above, represented sales of PVC resin manufactured in the: (a) suspension; (b) emulsion; (c) bulk; or, (d) solution process. ucc 045706 i ANSWER: See response to Request for Production No. 1. 3. All'documents indicating the extent to which PVC resin sales to Chrysler during the time period specified in request number 1, were of (a) Homopolymer; (b) copolymer; or, (c) terpolymer.. ANSWER: See response to Request for. Production No. 1, and Attachment 1. , 4. All written documents indicating, .with respect to . PVC resin sold to Chrysler during the time period specified * ;above, the, size (in microns)" of the resin-sold. ANSWER: ------ See response to Request for Production No. 1, and Attachments 1 and 2. 5. All written documents indicating the results of any tests done on any PVC resin by you or any other entity to determine the concentration (in parts per million) of residual vinyl chloride monomer in PVC resin of the type sold to Chrysler during the time period specified in request number 1. ANSWER: See answer to Interrogatory No. 10. 6. All Material Safety Data Sheets published by you prior to January 1, 1986, relating to any PVC resin manufactured by you. -2- UCC 045787 ANSWER: Objection, any Material Safety Data Sheet published subsequent to 1980, the last date of exposure in this case, is irrelevant. See Attachment 3. 7. All documents in your possession indicating the dates of manufacture and the dates of shipment of PVC resin sold to Chrysler. ANSWER: See answer to Interrogatory No. 12. 8. All written results of any testing done on the PVC resin identified in> the prior request to determine- the concentration of residual vinyl chloride monomer. ANSWER: See answer to Interrogatory No. 10. 9. All documents sent by you to the Occupational &Safety Health Administration, relating, in any way, to PVC. ANSWER: See Attachment 4. 10. All documents reporting or summarizing efforts taken by you, at any time since January 1, 1967 to reduce the percentage of residual vinyl chloride monomer in PVC resin manufactured by you. ANSWER: See answer to Interrogatory No. 10. -3- UCC 045733 11. Each and every document sent to Chrysler, informing Chrysler of any known- or potential human health hazard relating to exposure or over exposure to vinyl chloride monomer. ANSWER: See answer to Interrogatory No..14. -4- ucc 045789 STATE OF CONNECTICUT * COUNTY OF NEW HAVEN VERIFICATION BENTON R. LEACH, being duly sworn, deposes and says that he is Corporate Director, Health, Safety and Environmental Affairs of Uniroyal Chemical Company, Inc. and that he- has read the foregbing Responses to Request'to Produce and is familiar with the contents thereof. He further states that he is informed and believes that the matters stated therein are true and on that ground he alleges that the matters stated therein are true. Benton R. Leach Sworn to before me this^^day of September, 1986. MADELINE PAZZANI Notary Public My commission txpirss Msrch 31,1990 LDL4/87a UCC 045790 > % AS TO OBJECTIONS: Of Counsel. Fcr Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp.: FULLER & HENRY 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio . 43603 -L / I. L Robert A. BEhuinndda ih -L / 1200 Edison Plaza ^ 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Telephone: (419) 255-8220 Attorney for Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Responses to Plaintiff's Requests for Production of Documents Directed to all Defendant PVC Manufacturers was mailed by United States mail, postage prepaid, to Kirk J. Delli Bovi, Esq., attorney for plaintiff, at his office located at Murray & Murray Co., L.P.A., 300 Central Avenue, Sandusky, Ohio 44870, and to defense counsel / >/ as set forth in the attached Schedule of Service this -v day of October, 1986. ifAn Atfe<bney fo defendants The Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. Urn 045791 SCHEDULE OF SERVICE M. Donald Carmin, Esq. 800 United Savings Building Toledo, Ohio 43604 Attorney for Defendants Chrysler Plastic Products Corporation Norman P; Phillips Albert W. Cramer Robert D. Gustine William C. Holsapple Ron C. Abbott Willis P. Jones, Jr., Esq. 200 Toledo Legal Building 416 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant DiversiTech General, Inc. S. Stuart Eilers, Esq. Douglas N. Barr, Esq. Timothy J. Coughlin, Esq. 1100 National City Bank Bldg. Cleveland, Ohio 44114 Attorney for Defendant Stauffer Chemical Company H. William Bamman, Esq. 414 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant A. Schulman, Inc. Ellis F. Robinson, Esq. 610 United Savings Building Toledo, Ohio 43604 Attorney for Defendant Shintech, Inc.