Document w05yrV1wZK5Zjqvjnv1V00K6

NO. 89-10294-F HELEN GRACE 300KER and ELZY M. BOOKER, et al. VS. FIBREBOARD CORPORATION, et al. $ $ S S $ IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 116TH JUDICIAL DISTRICT UNITED STATES GYPSUM COMPANY'S ANSWERS AMS OBJECTIONS _TQ -PLAINTIFFS * FIRST SET OF INTERROGATORIES TO: Plaintiffs, by and through their attorney of record, Mr. Russell W. Budd, Baron 4 Budd, 8333 Douglas Avenue, Suite 1000, Dallas, Texas 75225. NOW COMES, Defendant UNITED STATES GYPSUM COMPANY, and pursuant to the Texas Rules of Civil Procedure files these Answers and Objections to Plaintiffs' First Set of Interrogatories to Defendant United States Gypsum Company. OPENING STATEMENT AND OBJECTIONS Defendant United States Gypsum Company objects to these Interrogatories on the grounds that they are overly broad, vague, not relevant, burdensome and amount to harassment. without waiving any objection which it may have, this Defendant provides the following information: Defendant, United States Gypsum Company, is engaged in the manufacture and sale of refractory products, not asbestos, asbestos-containing or insulation products. These products were designed and intended for use by heavy industry, not for building construction or insulation. During the relevant period of time, 1947 through 1976, only a small minority of the products which this UNITED STATES GYPSUM COMPANY'S ANSWERS AMP OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES - Page 1 Defendant sold contained asbestos. The vast majority of its products never contained asbestos. During such period, this Defendant maintained no records nor had any direct knowledge concerning the operations of any company acquired by this Defendant, by any means, as a subsidiary, and no information concerning such is included in its answet*. In an attempt to respond to these requests, this Defendant provides the answers given subject to the above qualifications and limitations and for the relevant period of time of this Defendant's manufacture and sale of asbestos-containing refractory products of 1947 through 1976. Respectfully submitted,. DeHay k Blanchard Plaza of the Americas 600 North Pearl Street 2500 South Tower, LB 201 Dallas, Texas 75201-2880 (214) 953-1313 BY UNITED STATES GYPSPM COMPANY'S ANSWERS AMD OBJECTIONS TO PLAINTIFFS FIRST SET OF INTERROGATORIES - Page 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to Plaintiffs' counsel, Mr. Russell W. Budd, Baron i Budd, 8333 Douglas Avenue, Suite iccc, Dallas, Texas 75225, of record by certified^'return receipt requested, on the r 1' day of April, 1990. i /h < gaS d i LLISTON / /' / 1 UNITED STATES. SXPSVM COMPANY ' S ANSWERS AMP OBJECTIQMS TO PLAINTIFFS FIRST SET Of INTERROGATORIES * Page 3 PREFATORY STATEMENT United States Gypsum Company (hereinafter "U. S. Gypsum") has., to the bast of its abilities, gathered non-privileged documents into a document repository for inspection by Plaintiffs' counsel in response to requests for production served X asbestos liti gation. These documents provide information thatf^supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U. S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 101 South Wacker Drive, Chicago, Illinois. In giving its responses to Interrogatories as to asbestos* containing products, U. S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. OBJECTIONS U. S. Gypsum objects to the manner in which Plaintiff has defined U. S. Gypsum to the extent that Plaintiff purports to include in its definition of U. S. Gypsum predecessor-in-interest, subsidiaries, successor-in-interest and the corporate Defendant. In that 0. S. Gypsum Company is the named Defendant, this definition is overly broad and would require U. S. Gypeun to engage in unduly burdensome research, divulge privileged information and UNITED STATES GYPSOh`COMPANY'S ANSWERS AND QEJECTIONS TO PLAINTIFFS * FIRST SET OF INTERROGATORIES - n--pm# Page 4 produce privileged documents. This Defendant, United States Gypsum Company, responds to these Interrogatories on behalf of itself. U. S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule* and to the extent they seek trial preparation or expert materials or docu ments. Finally, U. S. Gypsum objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra. U. S. Gypsum will produce documents which are the proper subjects of an appropriate document request. lyiEraQgATQRX-MQ... State Defendant's proper legal name, the present address of Defendant's principal place of business, all states in which Defendant is incorporated, and all states in which Defendant is licensed to do business. AHSHER IQ, IMTEBROffMfOBX M<? 1: This defendant's proper legal name is United States Gypsum company. Its principal place of business is 101 South wacker Drive, Chicago, Illinois 60606. UNITED STATES GYPSPM COMPANY'S ANSWERS AND OBJECTIONS TQ PLAINTIFFS' FIRST SET OF INTERROGATORIES - Page 5 with respect to the states in which this defendant :s incorporated this Defendant responds as follows: Date incorporated 12/27/01 08/23/20 08/12/20 12/24/36 08/--/52 02/04/66 07/01/66 Date BillfllVid 08/23/20 10/14/27 12/24/36 08/--/52 02/04/66 07/01/66 --/--/-- UAZL1 Stat United States Gypsum Company Avery Gypsum Company United States Gypsum Company United States Gypsum Company United States Gypsum Company USG Corporation United States Gypsum Company vj >;j :i ce id de DE With respect to all states in which this Defendant is licensed to do business, objection. This Interrogatory is overly broad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, this Defendant has been licensed to do business in the State of Texas since 1923. Please identify by trade or brand name each asbestos* containing product manufactured and/or sold by Defendant and/or Defendant's predecessors. For each product identified, please state following: (a) A description of the physical appearance of the product; (b) The address, including city and state, of the plants at which the product was manufactured and/or packaged; (c) The states in which the product entered the stream of commerce; UNITED STATES GYPSPM COMPANY'S ANSWERS AMD OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES itamm Page 6 (d) The annual dollar amount of production of the product at each of the locations indicated in response to Interrogatory No. 2(b) from 1940 through the present; (e) The percentage of the total production of t&e product for which each plant indicated 'in response to Interrogatory No. 2(b) was respon sible. ANSWER TO INTERROGATORY NO,_2: (a) See attached Exhibit No. 1. (b) See attached Exhibit No. 2. (c) U. S. Gypsum does not possess any records maintained in the normal course of business which identify who the ultimate user of the product was or where it was installed. With that limitation, U. S. Gypsum responds as follows: Prior to 1966, U. s. Gypsum sold its construction products, some of which may have contained small amounts of asbestos, exclusively through independent dealers. Beginning in about 1966, U. S. Gypsum sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom, through independent dealers. This Defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records of products which the plaintiff can UHITSP STATES SYFSPM CQMFMfrS APSWEBS AMP OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES - Page 7 establish were relevant to the subject matter of this lawsuit will be made available for inspection at a mutually convenient time at 101 South wacker Drive, Chicago, Illinois 60606, pursuant to a properly filed request to produce. (d) Objection. This Interrogatory is overly broad in scope of time. This Defendant discontinued manufacturing products with asbestos as part of their formulations in 1977. Inqui ries into years, subsequent to 1977, will not lead to the discovery of admissible evidence. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to Plaintiff at a mutually convenient time through U. S. Gypsum Company's offices at 101 South wacker Drive, Chicago, Illinois. e) Objection. This Interrogatory is vague and ambiguous. In addition, this Interrogatory is overly broad in scope of time. This Defendant discontinued manufacturing products with asbestos as pert of their formulations in 1977. Inquiries into years, subsequent to 1977, will not lead to the discovery of admissible evidence. Without waiving these objections, non-privileged, responsive documents, to the extent they exist, will be made available to Plaintiff at a mutually convenient tine through U. S. Gypsum Company's offices at 101 South Wacker Drive, Chicago, Illinois. UNITED STATES GYPSUM COMPANY'S ANSWERS AND OBJECTIONS TO PIAIHTIPFS* FIRST SET OF INTERROGATOR!ES - Page S INTERROGATORY NO. 3; For each product identified in Answer to Interrogatory No. i, please identify the location at which each decision was made concerning the following subjects: (a) Testing of the product for quality and safety; (b) Advertising of the product; (c) Marketing of the product; (d) Placement of warning labels on the product; (e) Design of the product; and (f) Manufacture of the product. ANSWER TO INTERROGATORY NO. J: Objection. This Interrogatory is vague, ambiguous, overly broad, speculative and not reasonably calculated to lead to the discovery of admissible evidence, without waiving this objection and with respect to 3(b) and (c), see attached Exhibit No. 3. with respect to 3(a), (d-f), non-privileged, responsive documents, to the extent they exist, will be made available to Plaintiff at a mutually convenient time through U. S. Gypsum Company's offices at 101 South wacker Drive, Chicago, Illinois. IPTEMKfflflQRX HO,,.H For such product listed in Answer to Interrogatory No. 2, please identify the location at which each of the following activities was conducted: (a) Testing of the product for quality and safety; (b) Advertising of the product; UNITED STATES GYPSUM COMPANY'S ANSWERS AND OBJECTIONS TO PLAINTIFFS' FIRST SET Of INTERROGATORIES Page 9 (c) Marketing of the product; (d) Placement of warning labels on the product; (e) Design of the product; and (f) Manufacture of the product. ANSWER TO INTERROGATORY NO. 4: objection. This Interrogatory is vague, ambiguous, overly broad, speculative and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection and with respect to "testing of the product for quality," such testing may have occurred at each manufacturing location, without waiving this objection and with respect to 4(b) and (c) , see attached Exhibit No. 3. With respect to 4(a) and (d) - (f), non-privileged, responsive documents, to the extent they exist, will be made available to Plaintiff at a mutually convenient time through U. S. Gypsum Company's offices at 101 South Wacker Drive, Chicago, Illinois. UNITED STATES GYPSUM COMPANY'S ANSWERS AMP OBJECTIONS TO PLAINTIFFS' FIRST SET OP INTERROGATORIES - Page 10 EXHIBIT "1" ASBESTOS CONTAINING PRODUCTS Acoustical Plastsrs - grayish-whita Miscellaneous Specialty Plasters - white to off-white, plus some pastels for two products Fireproofing - grayish-white Fireproofing Plasters - white to off-white Ceiling Tile - white to off-white Texture Products - white to off-white Paste Speckling Putty, Pipecoverings, Joint Compounds, Rigid Block Insulation, Mortar - white to off-white Siding - white, gray, ivory, green, brown Roofing - red, green, blue, brown, black and gray r.:* Mm* :t . :t : ";o trowel sn antal Interior -itn Plaster 1 Too er Coat : *oe -.entng Piaster : 'oo wood Fiber star tegular EXHIBIT "2" Acoustical Plaster Acoustical Plaster Acoustical Plsster (Oates Aqoroaiwete) First last raQL^>d p'oouced 1950 1930 1930 1930 1930 19*4' 1943 1943 19*4' 1945 1933 1971'SBL**V 1935 1972 Finis* Plaster 1930 1935 1930 1933 Finis* Plaster 1950 1951 1942 1972 1942 1972 1942 1972 1942 1972 1942 1944 Finis* Plaster Finis* Plaster 1949 1949 1942 1940 1940 1929 1942 1942 1944 1945 1945 1945 1945 1945 19*5 1945 1945 1945 1940 19a 1952 1950 1972 1944 1954 19*4 1947 19a 1951 1947 1972 1952 1959 19*1 19*3 19*3 i*a 19*7 19*0 1952 1972 19*0 enufae:.,- -g adCIt'sri Fort Oecga, i x'aiana, :a East Cvrajs. .i W#w |r'jr;:-. n ZyDS^J*, > NSW ir ; ------- V Fort Cocga J saw ir'jrt:Fort Oooge, .a SyDtiji, n East Chicago, < Fort Ooega, :a saw Srigntor, m Fort 9004*. IA Oakfield, nt Fort Oodge, :* m trig*ton. <tr Sweetwater, n eaten, ma GvpSL*, OH p*iiaoeien<a. pa jaettonviuc, Norfolk, <a Phileoetsn'a, fa Milwaukee, i Southard, OK New Irignton, <ir GyPSUS, ON New Irignten, sr Neeni, ur Milwaukee, wi South Cate, ca Cost Chicago, U Neat*, mt see*), ut Midland, CA Fort Dodge, ia Detroit, mi Sweetwater, : Loveland, CO Southard, Ok Plaster City, CA Gerlaeh, sv Sigurd, ut Udire, nv have been produced ipittl this data, tut salae diminished substantially by the bid'IOSO'e tic: nano ':c mooa f-aer utr "tentne et P'.attor ;.ar. km -tee :a Syotuo >:r 7/67; to : '30 SypShW itr 11/46. : *30 Camont itf for NacMino oneation. HM ir^aO to *d Too rsua la*tor for :nn Agelication j7. 3 top -jeto-U to ;*uo pi attor for :sino ApolicatiOft '-"1WT TffltrVlt laaocoat gatocaat latocoot iMOCOOt rrtai Exterior >n Stjceo Exterior Ptnlalk Stucco 300r Mortar Mi* AwmctcO pi actor (OCtM AeOPOllOttO) fir* t Witt p:mtw P'OObcaa mo 1977 r941 '972 194} 1947 **>xfac:.- s;a*tr : ;j East ;.v.:a;: , 1962 1962 1964 1955 1955 1957 1954 1969 1971 1955 1930 1930 1930 1930 1932 1932 1949 1949 1969 1969 1966 1966 1966 1962 1959 1962 1962 1972 1972 1960 1973 1944 1972 1972 1944 1946 1972 1972 1979 1972 SyD*U, Z" Sotroit, ; Satfioto, T oaten, *4 Ootroit, mi Eaat Chicao, :* fort Sooeo, :* Gypoua, ON lacaaonvi Uo, ; Lovoiano, :o mom ncntsr, ht Norton, yA Oakfioid, nr Pni laeeioni a, '* Piattoreo, .a Soutnaro, ck SmotMotor, `x MUmOUKOO, Ml Shoata, in Platter Citv, :* fort Ooeio, :a Ootroit, Ml Entire, MV fort Oodgo, IA CyectJi, OM Mom Iriffiieri, ht Oatfiold, NT $MOOtMCt*r, * oaten, ** Ptiiladelent a, * MUmOUCOO, Ml jackaonvmo, fi PMilaaolpnia, pa Norfolk, v tact CJiieaoo, :n Mom riffiton, ht ?T'2C tidiant : c". .ar - *a ooi'cafon ;rr ;':CN SiANOAXO I'CCN SIANOAiO i'50a cSC0TJ eCCOE v :C30E 0 CUSTOM! 120J XSTONt 180 :-fa* ;er'il ar iiagycv. tyw/VH Spoeiaity piaster Sasecoat firaproofinf fireproof inf thornol Insulation fireproof inf *laotar fireprooffnf Heater Call inf Tllo Coil inf Tilo feature toaturo Toatyro Taatyro COatee Appro* mote) f' rt Loot !uaM 1971 1972 1940 I960 1968 1969 1964 1943 197t .ap % 1971 1968 1959 1967 1960 1964 1964 1975 1976 1976 1961 1967 1963 1963 1906 1976 Mnyfac:r-'5 .3Clt'ini E^P'ra, <tv N'dlana, :a S. s. *orr*nc. ;-v S. Pl*iM Torrr<t, 2* Corn ear*, '< Eaat Chieno, New Irigncor, Enpira, nv :y onnow In tor, .? Eaat Chicago, .n laaire, MV Gypaia, OH uelwortn, wi Walworth, WI Cypeia, OM Cypeia, On Swoatwatar, ' Oailaa, ' Chaaeiae, Ca Midway, II Soutn Cota, ca Cypeia, on Oailaa, tx Nay frighten, nr South Cota, ca South Cota, CA Oailaa, tx Swoatwatar, rx South Cota, ca Oailaa, tx Cypeia, on Midway, IL mow Irifnton, n cnasaiee, ca 'yOon u. I. Gypota PMMifacturod tMo product purouant ta tho apaeitication of Sproyon toaoorc* Corporation. Sana of thooo xoPcti did not hp*p toa aa part of thoir foraa*iat<on. r-el *ang t3 3 TEX ifkturo Ttkturt Tojitgro Paint Tastura Point Taaturo Paint '*r Products (Iv sonaric grows) Soaekiing :ty occovtrmg* '(aaeomds 3'd Block Sm v 4tion 3'r>g Shinglat (Data* AODCOUfliatC) first 8,w<cw lilt 196k 1976 19** 1975 1920 197* 195* 1967 1935 1959 only 1973 only 196* 1976 19*9 1952 1936 1920a? 1975 1930 1976 19*3 1970 1937 1950 1971 1975 hanutact.r -5 K'3rt CvoauR, : 3auas, '< "'0a. South ;jt* ;j irosuii, : Saatatc'. '> Soutn :t :* :us. *1 t r-;r;:* South lata. Syptvjs, C Chaasiaa, :> Ma Ingntjr s' SMttMIir, ' Chisel ta, i* Saaatuatar. *< Sypaua, 3* Gypataa, Om Maw Ingfltor, sr Suaatwatar, '< Midway, IL Chaaeiaa, S* South Cats, :* Maw gr'jntsr, u Cypoua, :< cnaastaa, 2* SuMtMttr, '( Jarsay City. <ij Gypais, OM MiAtay, IL Chaastaa, 0* OaUaa, rx Eaat Chicago, :s Jacksonville, f. South Goto, Ci Mu Irignton, nr SKoatwatar, '* East Chicago, Graenvilla, "S Eaat Chicago, :* -0? "A"* 9 -OdUCt Tyoo/UlO (Data* Appronmete) first Last P*3dued 1037 1047 eossible other dates. 104* 073 "enufact.r-.-i i.;cat,?rj Jersey C:t r. St. eui, *< South Cate. Electric Nestinp 1941 1943 Snoais, .* (Asiemoies! stos Cement insulation purposes where sheet ana oiock insulation would Oa impractical. 1934 19JP *r$#y Z' t*. c: sot all products wars made at all plants at all tidas listed. Some of these products (Rad Too Trowel finish; Oriental Interior finish blaster; lad Top Cover coat finish blaster: lad Top batch inf blaster; lad Top weed fiber blaster lepular lasecoat; led Tap Hood fiber blaster Machine application Basacoat; Cement blaster lapular, Naae cnanped to Cypeua blaster 7/47, to lad Top Cypsua blaster lasecoat 11/64; tad Top Cement blaster for Machine Application Name enanfed to lad Tap GidMa Basacoat for Machine Application; lad Too Strueto-ute Gypau blaster for Machine application Basacoat; Oriental Isterior finish Stucco, byrooar Mortar wt; Sheetroc ladiant Neat filler Machine application) did not nave asDastoo as port of tneir fonsnation at ail isanufacturinf locations at all lisas. Host of the products identified in this Ckhibit have s shelf life of approkimetoly sis months, with seaa variation due to hiandity ana storape conditions, tt is the policy of the Oefendant to provide this information to all customers. Therefore, date of last production aoproaidstes date of last sola, theufh U. B. Gypeue is not certain another sneif life fuidelinoa were ediered to by its cidtaavrs. leoaonable investftation cantinuinp. EXHIBIT 3" Advertising for U. S. Gypsum's products has traditionally teen handled in corporate headquarters. The following persons have been identified as holding positions of primary responsibility in the area of advertising and/or promotional materials on behalf of this Defendant during the indicated periods: 1938 F. Babcock General Advertising Manager 1939-1942 M. S. Wolf 1943-1947 J. G. Maynard 1947-1948 E. w. Fish 1949 I. F. Hayman (Deceased) 1958 A. J. watt Vice President of Advertising and Proaotion 1962 v. Abnee Manager - Proaotion Advertising 1963-1978 J. J. McLaughlin Vice President of Marketing Services 1979 w. s. Stuart Vice President, Director of Marketing Services 1979-9/1/87 R. Faust Vice President, Director of Corporate Marketing Services 101 South wacker Drive Chicago, Illinois 9/1/87 - 6/1/89 R. Hopper vice President, Marketing Services 6/1/89 - Present J. C. Bopp Director Marketing Services, President Marstrat The following advertising agencies have been identified as being used by Defendant in the past with respect to its products 1950-1965 Fulton, Morrissey Co. 612 N. Michigan Avenue Chicago, Illinois 1965-1970 Geyer, Morey, Ballard (later Meyer Oswald) 645 N. Michigan Avenue Chicago, Illinois 1970-1972 Lennon & Newell/Midwest 645 N. Michigan Avenue Chicago, Illinois 1972-1976 Needham, Harper t Steers 401 N. Michigan Avenue Chicago, Illinois 1977-present Marstrat (In-House) STATE OF ILLINOIS ) ) SS COUNTY OF COOK VERIFICATION .> j* I, F. M. Poreaski, declare: I am the Manager, Financial $ Accounting Services, of United States Gypsua Company, one of the above named defendants, and aa authorized to make this verification for and on behalf of said corporation; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs* Interrogatories and aa inforaed and believe that the saae is true and on that ground allege that the aatters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed this //j* day of . 1990. Notary Public F. M. Poreaski