Document v8jRBORBY6az71NkMNnQJk6E

V LA i jTrt* r-^ Paul H. H u i sey * SCHROER, RICE, 8RYAN LYKINS 115 East 7th, P.0. Box 2667 Topeka, K$ 66601 (913) 357-0333 Attorney for Plaintiffs P .A IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS IN RE: ASBESTOS-RELATED LITIGATION, I PLAINTIFF'S t EXHIBIT J ACS-76 KENNETH BELLOWS, et al., Plaintiffs, v FIBREBOARD CORPORATION, et ai.. Defendants. No. 82-1460 MELVIN E. DONELSON, Plaintiff, v C0M8USTI ON ENGINEERING, INC., et al., Defendants. No. 82-2335 VALVA L.J. EVILSI20R, P l a i nt i ff , v FIBREBOARD CORPORATION, et al., Defendants . No 82-1 402 SYLVESTER J. GEOLAT, Plaintiff, 3RAUER SUPPLY COMPANY, e+ ai., Defendants. DOROTHY SMOLEY, v Plaintiff, COMBUSTION ENGINEERING, INC., et al., Defendants. No. 83-4069 No. 83-1384 PLAINTIFF'S MASTER INTERROGATORIES TQ ALL DEFENDANTS YOU WILL PLEASE TAKE NOTICE tnat purusant to Rule 33 of the F.R,Civ.D. you are hereby directed to file answers to the following Interrogatories within thirty (30) days of service hereof unless futher extension is granted by the Court. These I nterrogatorIes shal I be deemed continuing in the sense of Rule 26 of the F.R.Civ.P. so as to reauire supplemenraL answers a reasonable time prior to trial if additional information with respect to these Interrogatories is obtained by you or your counseI . I INSTRUCTIONS AND/OR DEFINITIONS: 1. Whenever it is requested that a person or persons be identified, the full name and current address of the person should be stated and the relationship with the answering defendant. in any instance where the defendant is unable to identify all persons reauested to be identified, the Interrogatories should be answered to the fullest extent possible by the defendant. 2. When used in these Interrogatories, the term "defendant" or any synonym thereof, whether singular or plural, is inten.ded to and shal I embrace and include counsel for the defendant, ai I agents, servants, employees, representatives, and others who are in possession of or may have obtained information for or on behalf of the defendant, and shall include all suos i d i aries, predecessors and/or affiliates presently or in the past which would have information requested by the Interrogatory. 3. Reference to the term Myou" or "your" means the defendant or any agent, representative, employee, servant, affiliate, subsidiary, or predecessor. 4. Use of the term "document" is to include any form of writing or communication whe+ner it oe by paper, film, microfilm, mecrofiche, computer print-out, repor+s, records, lists/ memoranda, correspondence, telegrams, schedules, photographs, drawings, charts, and other form of information preservation. Any request concerning a document is to be considered a continuing request as defendant becomes aware of such document. 5. Reference to the term "Identify" or "identity" when used in reference to an individual person, company, or other entity, means to state the full name, present address, and in the case of a person, his or her business affiliation. When these terms are used in reference to a document, it includes a description of the document, including the nature and content thereof, the date thereof, the name and address of the author and recipients thereof, and the present location of the person or entity having custody thereof. 6. Please note that these Interrogatories when referring to the word "product" are intended to include all asbestos or asbestos-containing products mined, milled, manufactured, or distributed by you whether they were intended for thermal insulation or for other purposes. 7. state the ful I na'me, oresent business address, present * residence, and capacity or title of the individual signing these I nterrogatories on behalf of the answering defendant and as to each Interrogatory answered provide the name of the person supplying the information to answer that I nterrogatory or identify the document referred to in answering that Interrogatory. o ; SECTION A 1. Identify the registered name of the answering defendant as well as all prior names or predecessor entities by which the defendant has existed, including companies that have been merged with or purchased in whole or part by the named defendant. ANSWER: 1. Objection. /ACandS I objects on the ground that this j nterrog.^torv is vague and unintdii^^ibje. The phrase "pretaecessor. entities by which the defendant has exist^Cr makes no sense. Without waiving tnrs objection, ACandS answers as follows: Defendant's name is ACandS, Inc. The Company was formerly known as Armstrong Contracting and Supply Corporation. 2. Set forth the full and correct name, the principle place of business, the state, and date of incorporation of the answering defendant. ANSWER: Name - ACandS, Inc.; principal place of business - 120 North Lime Street, Lancaster, PA 17603; state of incorporation - Delaware; date of incor poration - November 26, 1957. 3. Identify all divisions, subsidiaries, or affiliated' companies to the answering defendant. ANSWER: ACandS objects to this interrogatory on the ground that it is vague, overly broad and not reasonably calculated to lead to the discovery of admissable evidence. 1 s 4. For each entity or division listed in response to #3, stae whether or not it ever has or presently engages in any phase of mining, manyfac+uring, sale, supply, distribution, or design of asbestos or asbestos-containing products. ANSWER : ' See response to interrogatory 3. 5. With respect to each division, subsidiary or company listed in #4, identify the nature and extent of its function during the period of time it was in existence. ANSWER: See response to interrogatory 4. 2 6. Has this answering defendant been sued under its correct name? If not, please state the correct legal name of the defendant and provide the information requested in In+errogatory #1 above concerning the defendant as correctly named. ANSWER : The correct name of the company is ACandS, Inc. 7. Please state whether or not you have ever held a certificate of authority to do business in the S+ate of Kansas and the address for your registered agent for service in the S tate of Kansas. ANSWER: Registered agent for service of process in Kansas: The Corporation Co., Inc., First National Bank Bldg., Topeka, Kansas 66603 PRODUCT IDENTIFICATION 8. Have you ever mined asbestos? ANSWER: NO 9. If the answer to the previous Interrogatory is in the affirmative, please state the dates in which you were involved in mining of asbestos, and the locations of your mines. ANSWER: Not applicable. 1 0. Have you ever sold raw asbestos fiber to any of the co- IX. (continued) of thermal insulation materials. During the period from January 1, 1958, when the Company began operation, until approximately 1973, the company utilized and provided various thermal insulation material containing asbestos when called for by contract requirement/specifica tions. Those materials were manufactured by others. In connection with its contracting business, ACandS sold some of those products to other entities, but the sales were minor and were not a primary busin< activity of the Company. ACandS has never patented any products con taining asbestos and has not relabeled any such products for others. defendants? If so, in what years and in what quantities did you make such sales. AMSWER: NO 11. As to any product containing asbestos in any form or quantity, has this defendant ever: a) designed such a product; b) manufactured such a product; c) processed such a product; d) sold such a product; e) distributed such a product; f) relabeled such a product manufactured or designed by another; g) held a patent for such a product. ANSWER: ACandS objects to this interrogatory on the ground that it is overly broad in that it is not limited to the relevant time period or to asbestos-containing products to t'.ich the plaintiff has been exposed. Without waiving its objection, ACandS states that it is not a manufacturer of asbestos products and is not engaged in the business of designing, manufacturing, proco-'-\ng selling or distributing of products containing asbeote .'incc it began operations in January, 1958, ACandS has boon a contract company primarily engaged in the installation (see attached) 1 2. If the answer to the previous Interrogatory or any s u b p a r t thereof was in the affirmative, d 1 ease state the follow i n g I n format ion abou t each product : a) the manufacturer of the product; b) the designer of the product; c) the supplier of the raw asbestos fiber used in the product; d) the dates of its manufacture or sa t e by the answer i n g defendant; e) the percentage of asbestos content of the product; f) the type of asbestos used in the manufacture of the product. ANSWER: As a contracting company primarily engaged in the installation of thermal insulation materials, ACandS used a wide variety of asbestoscontaining products, including products from virtually every major manufacturer of asbestos-containing thermal insulation products. The particular products used on a given job varied according to the specific requirements and specifications of that contract. Due to its record retention program and the fact that ACandS has operated branches throughout the country since it began operations in 1958, ACandS is not able to identify every asbestos-containing product ever used by it in the course of its contracting operations throughout the United States, and it is impossible for ACandS to respond to this interrogatory with the specificity requested. However, ACandS states that as a contracting company primarily engaged in the installation of thermal insulation materials, it used a variety of insulation material and products, including such general types of asbestos-containing mat erials as: 85% magnesia pipe covering and block insulation; calcium silicate pipe covering and block insulation; asbestos insulating and finishing cements; asbestos-containing spray applied insulation pro ducts; and a variety of other materials which contained asbestos in cluding mastics, cloth and fire resistant jackets. In the course of its operations throughout the United States, ACandS obtained such materials from virtually every major manufacturer of asbestos-con taining insulation products as well as from other companies. Included in the list of manufacturing companies from which ACandS obtained asbestos-containing products were; (1) Atlas Asbestos Co. and its predecessors and successors; (2) Keene Corporation and its prede cessors; (3) Philip Carey/Celotex and its subsidiaries; (4) Eagle Picher Company; (5) Flintkote Company; (6) Forty-Eight Insulations* (7) Benjamin Foster Company; (8) Johns-Manville; (9) Armstrong Cork Co.; (10) Rock Wool Industries; (11) GAF/Ruberoid; (12) Turner & Newal and its subsidiary and related companies; (13) Ryder Industries; (14) OCF; (15) Pittsburgh Corning; (16) Raybestos Manhattan; (17) Southern Asbestos; (18) Amatex; (19; UNARCO; (20) Standard Insulation; (21) Fireboard; (22) Keasbey & Mattison; (23) H.K. Porter; (24) Nicolet; (25) Pabco; and (26) U.S. Gypsum. Some products supplied by a few of these manufacturers were utilized as relabeled products. ) 13. in what year did the answering defendant first begin selling or distributing asbestos-contain?ng products? Please be specific for each asbestos-containing product manufactured, sold, or distributed by you* ANSWER: The Company first began to do business on January 1, 1958. By way of further response, see responses to Interrogatories 11 and 12. 14. !n what year did the answering defendant last sell, distribute, or manufacture an asbestos-conta i ning product? 3 lease be specific for each asbestos-containing product. ANSWER: See response to Interrogatories 11 and 12. By way of further answer, ACandS states as follows: By 1972, the Company was moving to eliminate the use of asbestoscontaining products in its contracting operations and to encourage its customers to evaluate and select asbestos-free products for their specifications to the extent that such products were available. By January, 1974, ACandS eliminated the use of asbestos-containing pro ducts except for products in which the asbestos fibers were completel encapsulated or coated such as asbestos tape, mastics, cloths and vinyl asbestos tile. o 15. For each asbestos-containing product manufactured and/or distributed by you, state: a) the brand anme of the product and the inclusive years of its manufacture and/ordistribution; b) the asbestos content by weight of each product for each year; c) the type of asbestos fiber used in each product; d) the application for which such product was advertised or sold; e) the temperature ranges for the products used; f) whether the product was a cement, a pipe covering, a cloth or other type of thermal insulation product; g) the name of the supplier of the raw asbestos fiber used for that product. ANSWER: Not applicable. See response to Interrogatories 11 and 12. 7 .1 6 Describe each product as to its color and physical characteristics and appearances. ANSWER: Not applicable 17. As to each product, state how such product was packaged, transported, stored, or supplied. ANSWER: Not applicable 18. Does the answering defendant claim that any patent would cover any product listed in response to the Interrogator ies above? If so, give the number of each patent, the date same was issued, and the number of each patent application that is pending. ANSWER: Not applicable 0 19. Identify all labeling and/or relabeling agreements between the answering defendant and any other entities, including but not limited to, other defendants since 1930. ANSWER: As a result of ACandS' document retention program, the Company does not have available complete documentation concerning relabeled products. However, based upon the recollection of current management and infor mation provided to ACandS by other companies, ACandS states that during the period 1/1/58 until 8/1/69, the company dealt with products which were relabeled for it under trade names owned by Armstrong Cork Company and utilized by Armstrong Contracting and Supply Corporation. Effectiv August 1, 1969, Armstrong Cork Company transferred to ACandS the trade names associated with products then being relabeled. , ^ ,. (see attached page 20. Identify the distribution chain of the answering defendant's asbestos products since 1930 along with any documents evidencing or confirming such chain, including but not limited to distribution from and to other defendants. ANSWER: The use of the phrase "defendant's asbestos products" indicates that this interrogatory is directed to entities other than' ACandS. Based upon the information discovered by ACandS to date the following is a list of relabeled products which contained asbestos, the type of product involved, the manufacturer and the approximate years or period of time during which the products contained asbestos: YEAR/PERIOD OF RELABELED TYPE OF TIME PRODUCT NAME PRODUCT MANUFACTURER CONTAINED ASBE5 LK Pipe covering and block light weight molded hydrous calcium silicate Keene Corporation (and its predecessor companies) Owens-Coming to November 19" To approx. 1961 Ruberoid/GAF to November 197 Atlas Asbestos to late 1972 Fibreboard 1964-1971 Armatemp Cement No. 10 Armatemp Cement No. 166 Armabestos mineral wool insulating & finishing Keene Corporation Eagle-Picher Industries, Inc. Rockwool Mfg. Co. Ryder Industries Mineral Wool Insulating Cement .Keene Corporation Eagle Picher Industries, Inc. Rock Wool Mfc. Co. Ryder Industries Atlas Asbestos Never 8/1/64 to 1971 Late 1960's to 1970 Approx, mid 196 to 1972 Up to Februarv 1971 8/1/64-1971 Late 1960's thr 1970 Approx, mid 196 to 1972 Dates currently unavailavle 21 As to each product which was listed in Interrogatory No. 15 above, identify the following: a) any -pertinent trademark that was applicable to the product during the time of Its sale; b) the label on the packaging of that particular product for each year of its manufacture; c) all sales prochures, specification sheets, performance data, or other promotional material, as well as any and all installation materials, data, or brochures which would have accompanied or been distributed in connection with the installation, application, or use of eacfch of the products listed above; d) the advertised use of the proauct. (As to this I nterrogatory, you may provide a copy of the documents In lieu of describing the same.) ANSWER: Not applicable 22. For each document listed, described, or provided above, please indicate the name or names of `he individuals having Custody of said documents or copies tnereof, and where they are 0 t oca+ed. ANSWER: Not applicable 23. Have any of the products listed in teh answer to Interrogatories Nos. 12, 13, and 15 above been altered in chemical composition or asbestos type or content since their first being marketed? If so, please state: a) the trade name of each such product; b) the date such product was altered; c) the nature of the alteration; d) the reason for the alteration; e) what person has knowledge concerning the alterations. ANSWER: Not applicable 11 24. Prior to 1960, did you conduct any tes+s concerning the health consequences of the use of your asbestos-containing products ? ANSWER : The use of the phrase "your asbestos-containing products" indicates tha this interrogatory is directed to entities other than ACandS. 25. Prior to 1960, did you conduct any tests concerning the health consequences related to the manufacture of your asbestoscontaining product? ANSWER: The use of the phrase "your asbestos-containing products" indicates tha this interrogatory is directed to entities other than ACandS 26. Do any written memoranda, specifications, recommendations, or other written materials of any kind or. character related to the testing of said products exist? pI ease state: If so, a) identify each such written material or document; b) who presently has possession of each such document and where it is located. ANSWER: Not applicable 12 27. Have you ever conducted any tests concerning the health consequences of the use of your product between 1960 and 1975, or the date that the asbestos content was removed from the product, whichever is the later? If so, please state: a) what tests were done; b) who was responsible for conducting the tests; c) what the results of the tests were; d) identify any documents concerning the tests. ANSWER: The use of the phrase "your product" indicates that this interrogatory is directed to entities other than ACandS. 28. When did the asbestos-containing product m iu f actured by you first contain any warning or caution concerning the health consequences of the use of the product or the br a t hin g of asbestos dust? ANSWER: The use of the phrase "the asbestos-containing prc by you" indicates that this interrogatory is dire< ^her^a^a^ produc + please state: iuct manufacture! :ea to entities a ) the wording of each warning or caution; b ) the description of each such printed warni n g o caution; c) t!.e method used to distribute the warni n 9 to were likely to use the products; ?rsons who d) the date each such warning was issuec; e) the name, address. and job classificatii o n o f 3 c h person who presently has possess ion of the above aescr i bed warning or caution; f) identify the warning or c a u +ion by date and CO fen t; g> state whether any industrial psycho 1 o g i s t or human factors engineers were consu 1 t e d p r i or tc u t i I i z i n g such warnings or cautions; h) identify any special instructions provided with each product regarding its use or safety procec res to be employed by persons handling such product. ANSWER: Not applicable 30. For any warning ever provided on an asbestos-containing product manufactured or distributed by you, please state: a) when the warning first aooeared; b) what was the precise wording of the warning when it first appeared; c) was the warning ever altered, amended, or changed in any manner and, if so, how and when; d) where was the warning located on the product or packaging; ANSWER: ACandS did not manufacture asbestos-containing products; see response to Interrogatories 11 and 12. By way of further response, ACandS states as follows: During the course of its contracting operations, ACandS made us of warning labels and signs in compliance with OSHA requirements. In addition, any directions or warnings which were provided by manufacturers or distributors of asbestos-containing products which were used by ACandS would have been conveyed to the job site or point of delivery. Further, ACandS published manuals for use within the Company relating to various aspects of its contracting operations which contained recommendations for general safety and construction practices, including recommendations with respect to the handling and use of asbestos product's. ACandS also provided copies of a panphlet prepared by NIMA relating to the handling of asbestos-containing materials to various branch offices as well as an NICA pamphlet entitled "Safety Reminders". Finally, copies of applicable OSHA regulations pertaining to the use of asbestos materials were distri buted within the Company. I5 31. Oid you ever claim your product(s) to be safe, effective, and/or easy to use or handle? If so, identify at! such documents, including but not limited to, brochures or advertisements (radio, television, or printed) and revisions thereof by pubIication($) and date. ANSWER: The use of the phrase "your product(s)" indicates that this interrogatory is directed to entities other than ACandS. 32. With respect to your answer in Interrogatory No. 31, did you. ever inform or advise the purchaser or user of your products during the same time period that your products could cause cancer, asbestosis, and other serious diseases? If so, identify the documsnW s) containing such information by date, location, content, and in whose possession such document(s) now reside. ANSWER: Not applicable 16 33. When did you first become aware that warnings were placed on asbestos products distributed by other defendants? ANSWER: To the extent that manufacturers or distributors of the products used by ACandS affixed warnings or cautionary labels to their products, such labels would have been affixed to the product or product packaging in question at the time of its delivery to the job (see attached 34. State the manner in which eacfi of your asbestos products or asbestos-containing products was shipped and the type of container it was shipped in to +he 'etai lers. ANSWER: The use of the phrase "your asbestos products or asbestos-con taining products" indicates that this interrogatory is directed to entities other than ACandS. 35. Did you seI I any of your products containing asbestos fibers or any raw asbestos fiber to any of the companies named as co-defendants in this suit? If so, please state: a) the name, address, and job classification of each individual who currently has possession of such knowledge, either by documents or records; b) please list the names of each co-defendant to whom your products have been sold; c) please state the dates of each such sale and the amount 33. (continued) site or to ACandS. ACandS does not have records sufficient enable it to determine when asbestos-containing products it received from their manufacturers and/or distributors first contained such warnings. to and kind of materials sold; ANSWER: The use of the phrase "your products containing asbestos fibers or any raw asbestos fiber" indicates that this interrogatory is directed to entities other than ACandS. 36. State whether your company manufactured asbest o s - containing insulation products for a co-defendant and placed the co--defendant* s labels, logos, or insignia on said products and list each such co-defendant. ANSWER : No 18 37. Did you ever stamp or imprint the name of your company, its initials, or any identifying logo on any of vour asbestos- containing products? If so, please describe the identifying logo or initials and the dates of its inclusion on the product and the product on which it was included. ANSWER: The use of the phrase "your asbestos-containinc Droducts" indicates that this interrogatory is directed to entities other than ACandS. 38. As of t-he date of your answers to these Interrogatories, is your company still manufacturing, selling, or distributing any asbestos-containing products? if so, give the brand names of each such product. ANSWER: ACandS objects to this interrogatory on the ground that the use of the phrase "is your company still manufacturina, etc." implies that ACandS at some time engaaed m these activities. See response to interrogatories 11 and 12. 39. For each product identified as being manufactured, sold, <5r distributed by you in I nter rogator i es No. 12, 13, or 16, state whether or not: a) you have actual containers or photograDhs of containers in which said products were sold or distributed; b) who is the custodian or keeper of said containers or photographs incuding their address and teleohone number. ANSWER; Not applicable. 40. From what source or sources did you obtain raw asbestos fiber beginning in 1940 and going to-date, on a yearly basis? ANSWER: ^ot applicable. 41. State whether or not any warnings, cautions, caveats, or . d i rections accompanied the raw asbestos fiber referred to in the previous Interrogafory and identify the nature and extent of 20 said warnings, cautions, caveats, or directions accompanying said fiber. ANSWER: Hot applicable. 42. State what date said warnings, cautions, caveats, or directions first appeared on the mined asbestos f iber. ANSWER.: not applicable. 43. if you have discontinued manufacturing and/or selling asbestos products, please state the reason or reasons therefore. ANSWER: ACandS has never manufactured asbestos products? see response to Interrogatoires 11 and 12. To the extent that ACanao mane some incidental sales of asbestos products in the course of its con tracting business, that practice was discontinued in the early 1970's. See response to Interroaatorv 14. The Company discontinued the use of asbestos products in its contracting business because the Company was developing an increasing awareness that there could be potentiallv seriou health hazards to insulation workers as a result of the inhalation of asbestos fibers contained in asbest`s-containing insulation products, although there was (and the Companv understands still is) some dispute tcKI"I'JUEDfONnA?TACTrDiSAP;l):,OUt the haZardS r extent of inhalation ANSTCER: 43. (CONTINUED) required to create them. In addition, asbestos manufacturers were i amoving asbestos from their insulation products at this time. NOTICE 44. When was the first time that you received notice ''hat any person was claiming an injury as the result of using asbestos-containing products manufactured and/or sold by your company? ANSWER: ACandS objects to this interrogatory on the cround that it is overly broad in tine and scope, is unduly burdensome, is not limited to the type of injury allegedly involved in this action and thus is not reasonable calculated to lead to the discovery (SEE ATTACHED SHEET) 45. For each such injury that you received notice of or a claim for prior to 1970, please list: a) the name and address of each claimant; b) the date of the notice of each claim; c) a description of the claim (i.e. workmen's compensation or a third party liability action); d) the type of injury allegedly sustained; e) the name and address of each attorney who represents individuals making such claims; f) the style and the court number of each claim; g) the resolution of each claim that has been disposed of; h) the custodian of the records that relate to the claim. (in lieu of answering the above Question, you may attach copies of any and all claims). ANSWER: See response to Interrogatory 44. 46. V Oo you contend that insulation products containing- asbestos can be manufactured or treated so as to eliminate all potential health hazards to workers installing the same? If so, please explain in detail what your contentions are and the basis 22 a:;s:,ter : a (continued) of admissible evidence. Furthermore, the interroaatory is not applicable. The use of the phrase "asbestos-containing products manufactured and/or sold by your company" indicates that this interrogatory is directed to entities other than ACandS. See response to Interroaatories 11 and 12. Dv way of additional answe and without waiving its objections, ACandS responds that its employees have made claims; however, such claims were handled and processed by another corporation before Auaust 1, 1969 and ACandS does not have complete records concerninc such claims. for each contention. ANSWER: ACandS objects on he ground that this interroaatory is overly broad and not calculated to lead to the discovery of admissible evidence. It is not limited to alleaedlv asbestos related hazards and inquiries about recent knowledge. Further, it is a questionwhich, by its terms, appears to be directed to manufacturing defendants and not to ACandS. Without waiving those objections, ACandS responds that, to date, it has made no such contention in these cases. 47. 0id you receive any reports or communications from your workmen's compensation insurance carrier or products liability insurance carrier with regard to the hazards incident to the use of asbestos-con+aining insulation products? If so, please state who has possession of such reports, the location of such reports and the substance of the contents of ?ucn reports, listing for each such report the respective insurance company, its address, the agents signing such correspondence, and the date of such notice or report. ANSWER: ACandS objects on the around that this interrogatory is overly broad in time and scope and thus is not related to plain tiff's claims nor is it reasonably calculated to lead to the discoverv of admissible evidence. Without waiving these objections, ACandS responds that, at times, it received engineerina department reports and construction loss control reports from its insurance carriers. Some of those mention dust control. They do not deal with medical aspects of any health hazards. 48. Have any of the co-defendants named in this litigation 23 ever furnished you wi + h any information as to the state of the medical knowledge regardding the connection between asbestos dust exposure and the contracting of pulmonary diseases including asbestosis and cancer? If so, please identify: a) what information you were furnished; b) who furnished that information; c) when that information was furnished. ANSWER: No, except possibly during the course of litigation. ACandS ojbects to this interrogatory to the extent that it seeks discovery of materials obtained and/or prepared in connection with and in anticipation of litigation. 49. Have you at any time since 1930 interchanged resuits of research tests, medical studies, or experiments reoar ding the state of the medical knowledge regarding the connection between asbestos exposure and the contracting of pulmonary diseases including lung cancer and asbestosis with any other person, including any co-defendants In this action? ANSWER: m0 exceot in the context of litigation. ACandS objec to this interfogatory to the extent that it seeks discovery of materials obtained and/or prepared in connection with and in (SEE ATTACHED SHEET) 50. !f. the answer the the above Interrogatory is in the affirmative, please state: a) when this interchange took place? b) who participated in these interchanges; c) summarize the content of these interchanges or studies. ANSWER: Not applicable. 51. Please state if you or anyone on your behalf ever conducted, sponsored, or contributed financially to any studies or research to determine if the inhalation of asbestos fibers may 25 49. AIJSV7ER (CONTINUED) rt rt anticipation of litigaion. Further, ACandS did not exis before November 26, 1957 and has not conducted medical s research, testing or experiments. be harmfui ANSWER: No# 52 f the answer to the above in the affirmative, please state: a) by whom the research was conducted, giving complete names and addresses; b) the dates that each such research project or test was conducted; c) the complete results of each test or study; d) Identify ail documents that refer, reflect, or relate to the test or study; e) supply copies of the reports of the research deoartment pertaining to the use by the corporation of asbestos in their manufacture of insulation products. ANSWER: Not applicable. 53. Please state the names and addresses of your chief medical off i c ers from 1930 until the present time, listing the Der!ods of time each such medical officer was employed by 25 defendant inthat capacity* If you did not have a medical officer, please indicate what person or persons performed that function . ANSWER: :ione. 54. Please state the names and addresses of all physicians who were employed, retained, or otherwise engaged by you at any of your faciIities from the years 1950 untiI tne present. ANSWER. objection. ACanaS objects to this interrogatory to the extent that the term "otherwise engaged by you: is vacrue and ambi guous. Without waiving that objection/ ACancS responds that it has never had a physician as a regular employee nor has it employed a physician on any part-time basis at any of its locations. 27 55. Please state the names and addresses of a!I cersons employed by you from 1930 until the present time who functioned as industrial hygienists. As used in this Interrooatory, and industrial hygienist is one who- performs engineering or health studies to identify and evaluate potential occuoational health hazards and suggest methods of dealing with the same. ANSWER: None as such. 56. For each industrial hygienist listed above, please state: a) the facility or office to which that individual was assigned: b) the complete and precise duties and responsibilities. ANSWER: Not applicable. 28 57. Did anyone ever make any recommendations and/or suggestions to you pertaining to the risks and hazards associated with the manufacturing or use of insulation products containing asbestos? If so, please state: a) where such recommendations or suggestions were made; b) who made such recommendations or suggestions; c) to whom were these recommendations or suggestions made; d) the substance of the recommendations or suggestions. e) what actions did you take as the result of those recommendations and suggestions. ANSWER: objection. ACandS objects on the ground that this interrogatory is compound, overly broad, is not related to plaintif: claims, is not limited to alleged health hazards associated with the inhalation or ingention o^ asbestos fibers and is not reasonably calculated to lead to the discoverv of admissible evidence. 58. Do you agree that there is a causal connection between the asbestos dust exposure and a ) asbestosis ? b) lung cancer ? c) mesotheI ioma? d) other cancers? ANSWER: Objection. ACandS objects on the ground that this interrogatory calls for expert opinion without proper foundation. 59. If your answer to the previous Interrogatory is yes as to any or all suboarts, please identify the following as to each disease process listed above: a) when and how you first learned of such connection; b) if the Knowledge was obtained by the attendance at any conference, lecture, convention, svmoosium, or meering; identify such event and provide the name of *ne oerson attending or the documents obtained from that meeting; c) if know Iege was obtained from a medical or scientific study or any other published works, identify the same; d) if the knowledge was otherwise obtained, identify the manner of receipt pf the document or communication. ANSWER: Mot aDDlicable. 60. With reoard to any knowledge obtained subseouent to that identified in the previous Interroaatory, please identify: a) all documents or other communications, oral or written, concerning the causal connection between exposure to asb-estos dust or asbestos products and the disease processes identified in Question No. 51 above; b) identify the person communicating the information. ANSWER: Not aDolicable. 61. When and by what manner were you first aware of the hazards of asbestos or asbestos-containing products to the users of those products? ANSWER: ACandS objects to this interrogatory on the ground that the phrase "hazards of asbestos or asbestos-containina products" is overly broad as well as vaaue and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving those objections, ACandS states: (SEE ATTACHED SHEET) 31 61. ANSWER (CONTINUED) contrac States. tractir one sp "hazarc in the develor serious inhalat insuiat stands hazards the fac word of Preside Seliko: asbestc Since it began operations in 1958, ACandS has been a ing company with braches operating throughout the United In light of the size and geographic scope of those conoperations, it is virtually impossible to identify any ific time at which the Company was "first aware" of the of asbestos or asbestos-containing products." However, ed to late 1960's and into the 1970's, the Comcanv was ng an increasing awareness that there could be potentially health hazards to insulation workers as a result of the on of asbestos fibers contained in asbestos-containing on products, although there was (and the Comoany under till is) some dispute and lack of understanding about the or extent of inhalation required to create them. Among ors contributing to the Company's increasing awareness were: mouth within the trade, the attendance of Mr. Liddell (then t of ACandS) at a seminar in the late 1960's at which Dr. spoke, and the actions of manufacturers in removina from their insulation products. 6 2. Identify any medical examination programs.offered or sponsored by you or your insurance carrier for employees handling or otherwise exposed to asbestos and asbestos produc+s. With respect to each such program please state: a) the manner of communicating with employees about such program; b) whether examination was mandatory or optional; c) what percentage of workers permitted to undergo such examination actually participated; d) what percentage of workers were found to have asbestosis or mesothelioma or bronchogenic carcinoma; .e) with respect to (d), what percentage of such workers were paid disability, workmen's compensation benefits, or for whose benefit medical expenses were paid to undergo treatment for such conditions. ANSWER: Objection. interrogatory is overly plaintiff's claims, and discovery of admissible ACandS objects on the around that this broad in time and scope, not related to not reasonably calculated to lead to the evidence. 63. Identify all trade organizations, assoc!at!ons, or other entitles, including but not limited to ATI, I H P, N A I m A , A IA, NICA, TIMA, Q A M A, PICA, QAP-A, to which you have belonged or in which you have participated since 1 925 and the years of your participat ?on . ANSWER: Objection. ACandS objects on the cround that this interrogatory is overly broad in time and scope, not related to plaintiff's claims, and not reasonably calculated to lead to the discovery of admissible evidence. Moreover, this interrogatory is vague and unintelligible in that it identifies organizations solely^by letters or acronyms which may identify various oraanizations and which thus are not completely or readily understood by ACandS. Without waiving this objection, ACandS reSDonas that it is a member of National Insulation Contractors Association (NICA). ACandS was a member of NICA;s predecessor. Insulation Distributor-Contractors National Association, Inc. (IDCNA) from January 1, 1958 until October 4, 1961, and has been a member of NICA since June 22, 1972. In addition, the Company's various local offices have belonged to local contractina associations. 64. 1 den* i f y a 1 1 persons attending on your behalf a n r meeti n g s h e i a D y any trade organizer ion listed in the 1nterroga+ory stated above. ANSWER: Objection. ACandS objects on the ground that this interrogatory is overly broad in time and scone, is not related to plaintiff's claims, and -is not reasonably calculated to lead to the discovery of admissible evidence*. It is undlv burdensome to require ACandS to identify every person who has ever attended any meeting of any trade orcanization or other entity, if such iaentification*-were-evenonossible. 65. Identify the names or nature of ai i notes, reports, studies, or other writings submitted by your or received by you at meetings identified in the Interrogatory stated above. ANSWER: Objection. See objection to Interroaatorv 64. 66. Identify any documents you received from or submlrtea to those trade organizations, associations,- or orher entities identified in I nterrogatory H64 relating to the relationship between asbestos exposure and disease. ANSWER: Objection, Seelobjection to Interrogatory 64. Without waiving the foregoing objections, ACandS responds that it has not located any materials received from the organizations which appear to be named in Interrogatory 64, which deal with the medical aspects of asbestos inhalation and disease. The Company has received materials which are related to the "asbestos problem" such as the NIMA publication "Recommended Health Safety Practices For Handlina And Applying Thermal Insulation Products Containing Asbestos" and materials from NICA relating to various subjects such as OSHA ref lations pertaining to the handling of asbestos-containing products, insurance issues and the like. 67. Did you direct to be performed, sponsor, finance, or receive the results of any studies or tests performed by the Saranac Lake Laboratory or the Trudeau Foundation relating to asbestos exposure and its effect on human life? If so, identify: a) al I documents summarizing findings or results of those studies or tests which you have in your possession or controI; b) al I communications, oral or written, between answering defendant and Saranac personnel, including but not limited to Gerrit W.H. Schepers, M.D.; c) all documents relating to.Saranac studies received or submitted by you, either directly, through associated or predecessor companies, through other companies, or through any trade associat ions, orgain i zations, or entities; d) ail recommendations or findings of such studies in relating to: 1) adequacy or inadequacy of the threshold limit values; 2) the substitution of materials other than asbestos to be usea in insuiation process; e) where the documents and/or communications identified in this Interrogatory are presently maintained. ANSWER: ACanaS did not "direct to be perform, soonsor [or] finance" any such studies .or tests. ACanaS has become aware of those studies in connectidn with this anc other litigation. 68. Identify all persons who have testified on your behalf and all documents presented to or utilized in preparation of testimony before the Occupational Safety and Health Administration, the National Institute of Occupational Safe+y and Health, and U.S. Congressional committee or sub-commIttee or governments I' hearing or i nvestigative proceeding on the subjects of biological effects on human life from exposure to asbestos and the setting, modification, feasibility, and acceptance of allegedly safe or proper levels of such exposure to asbestos and asbestos products. ANSWER: None. 1 69. cor all testimony set forth above, please identify: a) the dates and descriptions of the proceedings; b) the relationship between xhe person who testified or responded and you; c) all s+udies, test results, or other scientific or medical documents relied upon by said person as a basis for an, - - recommendation made or testimony given; d) whether at any time prior to or following such testimony you possessed knowledge of documents suggesting that existing or proposed threshold limit values were not safe or proper or that lower threshold limit values were necessary in order to prevent disease; as to this response, please identify the origin of the knowledge and all documents relating thereto; ANSWER: Not applicable. 37 70. What do you understand "threshold value ilm']4*" to mea n ? ANSWER: Objection. ACandS objects to this interrogatory on the ground that it is overly broad, vague and not reasonably calculated to lead to the discovery of admissible evidence. The phrase "threshhold value limit" is not related to any particular substance, or any specified use or uses of that substance. 71, mean? What do yu understand "dose response relationship" to ANSWER: Objection. ACandS objects to this interroaatory on the ground that it is overly broad, vague and not reasonably calcu lated to lead to the discovery of admissible evidence. The phrase "dose response relationship" is not related to any particular substance, or any specified use or uses of that substance. Among other things, the phrase "dose response relationship" can be applied to prescription drugs, a subject maiter torallv unrelated to the instant litigation. 72. What is being measured when you take the measurement of th reshoId limit value as you define it? ANSWER: Objection. See objection to Interrogatory 70. 73. OOldld yyoouu aaddvveertise any of your asbestos-conta i n i ng products for use on shies or navy vessels? if so, please state: a) the name of th'e product; b) in what years you advertised the product; c) the intended purpose of the product. ANSWER: Not applicable. The use of the phrase "your asbestoscontaining `products" indicates that this interrogatory is directed to entities other than ACandS. See resoonse to INterrocatorv 11. 74. Old you design any asbestos-containing products for use on ships or navy vessels? If so, please state: w a) the name of the products; b) the year of their design; c) the manufacturer; d) the Intended use. 39 ANSWER. Mo. 75. Oid you sell any asbestos-containing materials to the: a) United States government? b) General Services Agency? c) United States navy? any naval shipyard? e) any shipyard? If your answer to any of the above was in the affirmative, please specify which shipyard and the dates. ANSWER: objection. ACandS objects to this interrogatory on the ground that it is overly broad in time and aeographic scope and, thus, is not reasonably related to the plaintiff's claims and not reasonably calculated to lead to the discovery of admissible evidence. 76. Do you ever conduct any dust studies in any of your asbestos product manufacturing facilities? a) the date of each such study; If so, please state: b) the person conducting the study; c) the result or conclusion; d) who presently has possession of the report or study. ANSWER:Mot applicable. manufacturing facilities." ACandS has no "asbestos product 40 77. As to any knowledge possessed by answering'defendant at any time referred to in Interrogatory Nos. 58 and 5 9, did you educate your employees, distritutors, or purchasers of the hazards known to you and the safety precautions necessary to guard against cancer and other diseases arising from the use and handling of your products? If so, identify: a) When and in what manner customers, insulators, factory workers, and the general puoiic were so informed; b) Oocumenrs communicating or otnerw ise disseminating such information; c) Programs initiated or sponsored to establish or promote safety procedures, methods or usage of equipment; d) Published articles qr reports by employees (present or prior), including those of medical directors, scientists, engineers, or other professionals; e) Symposia or lectures sponsored for the benefit of asbestos workers and/or the general public. ANSWER; Objection. See objection to Interrogatory 58. 78. When and by what manner were you first aware of the hazards relating to exposure to asbestos or asbestos products for: a) inside insulators and contractors; b) outside insulators and contractors; c) pipe fitters. ANSWER: See response to Interrogatory 61. 79. If vou have knowlecge or information concerning the following, please state whether: a) early detection of mesothelioma results in any appreciable rate of cure or arrest; b) a single exposure to asbestos may cause mesothelioma, asbestosis, or othdr cancers; c) cumulative or multiple exposures to asbestos result in a greater risk or harm to the exposed person; d) an outside insulator has a risk of harm from exposure to asbestos or asbestos products; e) stripping or removing old asbestos creates a greater risk of harm than installation of asbestos or asbestos products; f) cancer resulting from exposure to asbestos developes genera I Iy after: 1 . 1 - 5 years 2. 6 - 10 years 3. 11 - 20 years 4. more than 20 years 42 g) there is any known re Iatlonsh i o between smoking and mesothe!Ioma; h) there is any reported cause of mesotheI i oma other than exposure to asbestos. ANSWER: Objection. ACandS objects to this interrogatory on the ground that it calls for expert opinion without proper foundation. BO. As to each answer to nterrogatory No. 79, identify at least one person or document upon which answering defendant ANSWER: Not applicable 81. Is answering defendant familiar with Or, irvina J . Selikoff and/or the Mt. Sianai School of Medicine? If so, staTe: a) approximate date and manner of o d t a i n i n a sucn famiIiarity; b) whether any employee or representative of defendant attended a lecture or oral presentation at which Dr. Selikoff spoke on the relationship between asbestos and cancer or asbestosis. ANSWER: See answer to interrogatory 61, concerning Mr. Liddell's atten dance at a seminar in the late 1960's which Dr. Selikoff spoke. Other than that, defendant's familiarity with Dr. Selikoff and/ or the Mount Sinai School of Medicine has been obtained during the course of litigation. 44 82. Have you ever negotiated with tabor unions reoresenting workers handling or working with asbestos or asbestos products concerning working conditions, safety eauipment procedures, or other protective measures aimed at eliminating or reducing risks associated with exposure to such products? If so, identify when such negotiations took place, with what unions, and identify all documents reflecting such agreements since 1925. ANSWER: Objection. ACandS objects to this interrogatory on the ground that it is overly broad, burdensome, not reasonably calculated to lead to the discovery of admissable evidence, and not re lated to the claim of plaintiff in this matter. 83. State whether defendant manufactured, sold, supplied, mined, or distributed asbestos, asbestos insulation, or asbestos- * containing products in the states of Arizona, California, Hawaii, Illinois, Iowa, Kansas, Missouri, Nebraska, Oklahoma, Oregon, South Carolina, Texas, Utah, Virginia, or Washington; and for each state describe the product and the period of time over which it was supplied, distributed, sold, mined, or manufactured. ANSWER: Objection. ACandS objects to this interrogatory on the ground that it is overly broad in time and geographic scope, not reason able related to claims of plaintiff in this matter, and not reasonably calculated to lead to the discovery of admissable evidence. ACandS did not manufacture or mine asbestos products, and sold such products only incidentally in the course of its contracting business; see response to Interrogatory 11. 46 84. For any request for admission propounded to. which vou r response was something other than an unqualified "' A d m i 11ed" , please state ail facts and circumstances, including c itation s to relevant scientific or medical literature or reports, u oon w h i ch you rely to support any qualified response or denial. ANSWER: This interrogatory is inapplicable; plaintiff has not served any request for admission on ACandS. 85. List each expert witness whom you or your attorneys expect to testify at trial, and for each such witness, state: a) the subject matter upon which the expert is to tes t i f y ; b) the facts to which the expert will testify; c) the substance of the expert's opinion; d) a summary of the grounds for each such opinion. ANSWER: ACandS has not yet decided what expert witnesses, if any, it expects to call at trial in this mat^ 86. Identify ail persons who have testified and all documents presented or utilized by answering defendant for the purpose of proving or defending against claims concerning the adverse effects upon human I i fe through exposure to asbestos or asbestos products: a) in any litigation, pending or omerwise, answering defendant; involvfna b) before congressional or OSHA Hearings or investigative oroceedings of any other government- a a e n c v or unit; c) at any symposium, course, lecture, or other meeTing; d) with respect to (a) fhrougn (c) above, identify me name of the case, court'term an o numoer, or other descrip tion of proceedings and/or meeting. ANSWER: Objection. ACandS objects to this interrogatory on the ground that it is vague, overbroad, burdensome and not reasonably calculated to lead to the discovery of admissable evidence. If ACandS understands this interrogatory, it apparently requests the identity of all persons (not only those associated in some way with ACandS) who have testified at any time and at any place in the proceedings listed in the interrogatory. ACandS does not have the information to answer this interrogatory, even if i't were relevant. !3 87 Identify alt expert witnesses who have testified in all other cases of the same or similar nature, pending or otherwise, on behalf of answering defendant. ANSWER: Objection. ACandS objects to this interrogatory on the ground that it is not relevant to the claims of plaintiff in this matter, and is not reasonably calculated to lead to the discovery of admissable evidence. 'Further, ACandS does not understand what is meant by "all other cases of the same or similar nature." 88. 1 den tif y al 1 present or former em p 1loyees of answering )Q < lt> defendant , o t h e r tban plainrifrs, wno n Testified againsm an s w erin g def enoant in a litigation matter o f the same or similar .nature or before a governmenr.a 1 agency or unit ANSWER: Objection. ACandS objects to this interrogatory on the ground that it is not related to the claims of plaintiff in this action and not reasonably calculated to lead to the discovery of admissable evidence. Further, ACandS does not understand what is meant by "a litigation matter of the same or similar nature." ACandS has now way of knowing when and where its present or former employees may have testified, if they were not at the time testifying in their capacity as ACandS employees. 89. Wi + h respect to your answers to Interroga+ories No. 87 and 38 above, identify all documents, including but not limited to, tanscripts or notes of testimony employed by or resulting from the testimony of such expert witnesses or employees* 'o ANSWER: See objections to Interrogatories 87 and 88. 90. Identify any co-wor*er o? o ; a i n + i f f whom you have interviewed or intend to call as a witness in this litigation. ANSWER: None have been identified at present; see response to Interrogatory 91. : 91. If plaintiff was ever employed by answering defendant or worked on a job contracted by answering defendant: a) identify any work records, employment records, or job records with respect thereto; b) identify any invoices, purchase orders, or other documents evidencing the use of a product manufactured by defendant or said job(s); c) if answering defendant cannot identify documents as to (a) and/or (b) above, confirm or deny the ' ex Istence and use of defendant's oroducts during the relevant time per iod; d) identify any products not manufactured b>, but relabeled or otherwise altered by defendant and used on said job(s) . ANSWER: ACandS has no record of ever having employed plaintiff. 92. Please state whether you are claiming any affirmative defenses in the Instant case. If so, please state any and all factual bases for each affirmative defense you are claiming. ANSWER: ACandS is claiming affirmative defenses as pleaded in its answer to plaintiff's complaint in this matter. The factual bases for these defenses depend, at least in part, on responses to discovery which have yet to be provided by plaintiff. This answer will be supplemented when this information is received. (913) 357-0333 Attorney for Plaintiffs 52 VERIFICATION state of Pennsylvania COUNTY OF LANCASTER ss : R. E. Fink duly sworn, alleges and s+a+es: , of lawful age and being first That he is the Secretary - Treasurer of the corporation ACandS, Inc, , and is authorized to make answers to the above and foregoing Interrogatories on its behaif, that he has made answers to said I nterrogator i es, and that said answers are true and correct to the best of n i s know ledge and be I ief. SUBSCRIBED and sworn to jerore me rnis ______ 3 a y of _____________, 1984. My appointment expires: October 12, 1985 Notary PuDiic CHARLOTTE W RtlHL. Notary Pubile Lancaster, Lancaster County, PA My Commission expires Octttrer 12,1 CERTIFICATE OF SERVICE I hereby certify that the original and one copy of the above and foregoing I nterrogatories with answers thereto were deposited in the United States mail, postage prepaid, on the - day of , 1 984, addressed to Paul H. Hulsey, P.0. Box 2667, Topeka, KS 66601 . Attorney for Defendant certificate of service I hereby certify that the original and two copies of the above and foregoing Plaintiffs' Master Interrogatories to All Defendants were deposited in the United States mail, postage prepaid, on the 26th day of July, 1984, addressed to: Ronald Motley 1611 Allen Street BarnwelI, SC 29812 Steven R, Fabert First National Bank Topeka, KS 66603 Charles E. Patterson 1006 Grand Avenue Kansas City, MO 64106 Theodore J . F u rry 700 Lathrop Building Kansas City, MO 64106 J antes Borthw i ck 2840 Pershing Road Kansas Ci-ty, MO 64108 Jerry D. Bog Ie 923 First National Sank Wichita, KS 67202 Joseph H. Moore 408 Seville Square Kansas City, MO 64112 John L. CarmichaeI .0. Sox 397 Wichita, KS 67201 J anes C. Wright 1005 First National Topeka, KS 66603 Bank Kurt A. Harper P .0 . Box 830 Wichita, KS 67201 Kenneth Reilly 100 Security Nat1I Bank Kansas City, KS 66101 Eugene 3. R a Iston P.0. Box 639 Topeka, KS 66601 Roy A. Larson Two Crown Center Kansas City, MO 64108 Michael J. Jerde 8717 W. M Oth St. Overland Park, KS 66210 Jay Fowler 700 4th Financial Center Wichita, KS 67202 Thomes J. Leittem D .0. Box 13007 Kansas City, M0 64199 Marc A. PoweIi 200 West Douglas Wichita, KS 67202 S teven D. Ruse .0. 3ox 25670 Olathe, KS 66225 Ronald W. Fairchild 1300 Merchants 3ank 3ldg Topeka, KS 66612 Bryan J. McGinnis P.0. Box 2830 Beaumont, TX 77704 Dennis L. Gillen 720 Ist Nat' I Bank Wichita, KS 67202 Mary Kay Royse 1359 $. 3roadway Wichita, KS 67211 Al Herrington 530 R.H. Garvey Bldg. Wichita, K5 67202 Frank Saunders, Jr. P.0. Box 12290 Overland Park, KS 66212 Charles w. Hess 9800 Me+caIf, #510 Overland Park, KS 66212 Lowe 1800 Kansas william p .0. Box . Kansas Cit> Willi am H. S e P .0. Box 1143 McPherson, KS l P au( H. H uIsey Catbleen M. Peeder Attorneys for Pia;