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NO. 91-03881 JAMES GRADY OVERSTREET CLEOPHAS PARNELL and DOROTHY PARNELL; TESSEL TAYLOR JONES, SR., JAMES DEMPSY MAYO and HAZLE MAYO; and SAM PETTAWAY and MINNIE LEE PETTAWAY VS. FIBREBOARD CORPORATION, ET AL IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 134TH JUDICIAL DISTRICT DEFENDANT P.S. GYPSUM COMPANY * S ANSWERS TO PLAINTIFFS * INTERROGATORIES TO: Plaintiffs, JAMES GRADY OVERSTREET, ET AL, by and through their attorney of record, RUSSELL W. BUDD, Baron & Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. COMES NOW, U .S. GYPSUM COMPANY, Defendant in the above- entitled and numbered cause, and files the attached Answers to Plaintiffs' Interrogatories. Respectfully submitted, DeHAY & BLANCHARD Plaza of the Americas 600 North Pearl Street 2500 South Tower, LB 201 Dallas, TX 75201-2880 Telephone: (214) 953-1313 Telefax :/7(214) 220-0439 By: x _______ GARY D. ELLISTON State Bar No. 06584700 DAVID W. CROWE State Bar No. 05164250 COUNSEL FOR DEFENDANT U.S. GYPSUM COMPANY DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 1 F:\asb3\p055 PLAINTIFF'S EXHIBIT- E CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to counsel for Plaintiffs, Mr. Russell W. Budd, Baron & Budd, 8333 Douglas Avenue, 10th Floor, Dallas, Texas 75225, by hand delivery, on this the DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 2 F:\asb3\pOM PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plain tiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories and Requests for Production. Accordingly, by way of further response to these Inter rogatories and Requests, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 101 S. Wacker Drive, Chicago, Illinois. In giving its responses to Interrogatories and Requests 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 that 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 "its subsidiaries and predecessors in interest, its present and former officers, executives, directors, agents, employees and all other persons acting or purporting to act on behalf of U. S. Gypsum Com pany," and "any current or former subsidiaries of U. S. Gypsum DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 3 F:\asb3\p055 Company, or any corporate predecessors of U. S. Gypsum Com pany, or its current or former subsidiaries, including but not limited to U. S. Gypsum Company". In that U. S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, United States Gypsum Company, responds to these Interrogatories and Requests for Production on behalf of itself. U.S. Gypsum further objects to these Interrogatories and Requests 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 documents. Finally, U.S. Gypsum objects to these Interrogatories and Requests 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 in infra. U.S. Gypsum will produce documents where are the proper subjects of an appropriate document request. DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 4 F:\asb3\p055 RESPONSES TO INTERROGATORIES INTERROGATORY NO. 1: For each document listed below, please answer whether such document is a true and correct duplicate of a genuine and authentic document: EXHIBIT NO. DESCRIPTION (a) USG 22 1932 Transactions - National Safety Council (b) USG 23 1933 Transactions - National Safety Council (c) USG 180 7/31/36 report of Dust Survey at National Asbestos Company plant at Jersey City, NJ (d) USG 7 Letter 8/17/36 T. R. Parrish to Scott, MacLeish and Falk (e) USG 11 Memorandum of Agreement 11/20/36 re Experiments by Gardner at Saranac (f) USG 2 Letter 2/27/37 Brown to Simpson (g). USG 181 Letter 5/5/37 J. S. Offutt to G. D. King (h) USG 44 Letter 5/11/37 Vandiver Brown to J. S. Offutt, enclosing Dr. Gardner's first report dated 5/5/37 (i) USG 200 Letter 9/16/37 Scharwath to Barrett (j) USG 3 Letter 9/29/37 Assistant to President, U. S. Gypsum Company to J. A. Scharwath 00 USG 4 Letter 9/29/37 J. S. Offutt to Scott, MacLeish and Falk DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 5 F:\asb3\p055 (1) USG 5 (m) USG 6 Letter 10/8/37 John J. Cuneo to Charles M. Price Letter 10/28/37 Charles M. Price to John J. Cuneo (n) USG 187 Report January 1938 from J.S.O., "Dust and Its Relation to Our Operations" () USG 202 Letter 10/28/46 Muehleck to Brown (P) USG 49 9/3/48 Operating Division Information Bulletin No. 602 (q) USG 203 Telegram 11/10/48 J. W. Butler to Vandiver Brown (r) USG 204 Letter 11/12/48 Brown to Butler (s) USG 206 Letter 3/3/49 Vandiver Brown to American Brake Block, et al (t) USG 51 (u) USG 52 Letter 5/3/49 Butler to Vorwald Letter 6/8/50 Ben G. Miriello to United States Gypsum Company (v) USG 53 Letter 12/27/50 Operations Manager, United States Gypsum to Miriello (w) USG 214 Death Certificate of Raffaele (Ralph) Miriello issued by Office of Registrar of Vital Statis tics of Hudson County, Jersey City, New Jersey (X) USG 55 Letter 11/16/53 C. P. Kipp to Department of Mines, Quebec DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 6 F:\asb3\p055 (y) USG 56 Letter 11/25/53 Poitevin, Canadian Mines Bureau, to Kipp (2) USG 57 2/11/54 Operating Division General Order Elimination of Dusty Conditions (aa) USG 69 7/24/64 Operating Division General Order Personnel Safety and Health (bb) USG 35 Letter 7/9/65 Kipp to Brown (CC) USG 76 9/19/67 Gypsum Association Minutes of the Safety Committee Meeting (dd) USG 88 Excerpt from Sweet's Catalog, 1968 SprayDon (ee) USG 82 Memo 10/10/68 Kirkland to Rockett (ff) USG 83 Letter 10/17/68 Kempthorne to Setterberg (gg) USG 84 Memo 11/21/68 Krug to Kipp (hh) USG 86 Memo 12/27/68 Klassen to Diersen (ii) USG 87 Letter 12/27/68 D. M. Diersen to Richard Kempthorne (jj) USG 90 Letter 2/29/69 D. M. Diersen to Richard Kempthorne (kk) USG 92 Letter 4/15/69 Richard Kempthorne to D. M. Diersen (11) USG 95 Letter 5/16/69 D. M. Diersen to Richard Kempthorne DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 7 F:\aab3\p055 (mm) USG 97 Bulletin - Labeling, 5/29/69 (nn) USG 101 and Ebbinghouse (oo) USG 102 (PP) USG 103 Personnel Safety and Health Medical (qq) USG 107 Memo 3/12/70 C. P. Kipp to W. J. Brown, G. R. Krug and M. Schmidt attaching three memos 3/11/70 from Kipp (rr) USG 110 Memo 6/11/70 Atwood to Thiel (ss) USG 111 Memo 6/30/70 C. C. Thiel to C. J. Atwood (tt) USG 213 from C. P. Kipp (uu) USG 112 Memo 7/2/70 Kipp to Hogan (w) USG 113 R & D Technical Request 8/20/70 Howard to Walker (ww) USG 115 Memo 12/2/70 L. A. Tobey to P. Kipp (XX) USG 116 Representatives of Health & Safety Council / ACPA ((yyyy)) USSGG 125 Memo 6/2/72 Roger Gillette to D. S. McVicker (zz) USG 126 Zabor, A. R. Rump and C. C. Gramer DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 8 F:\asb3\p055 (aaa) USG 127 Memo 7/7/72 W. W. Holloway to A. R. Rump (bbb) USG 130 11/6/72 Research report (ccc) USG 134 3/9/73 Research Report (ddd) USG 138 "Industrial Hygiene Survey for U. S. Gypsum Company, Gypsum, Ohio, NATLSCO", 6/26/73, Michael L. Brown (eee) USG 137 Letter 7/31/73 Selikoff to Ehrmann (fff) USG 139 Memo 8/17/73 K. S. Freeman to J. N. Walker (ggg) USG 142 "Evaluation of Exposure to Asbestos During Mixing and Sanding of Joint Treatment Compounds," Robert D. Soule, 11/19/73 . (hhh) USG 149 Letter 10/24/75 Freeman to Dr. Harrington (iii) USG 189 Memo 3/24/82 Torrey to Snell ANSWER Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. Without waiving this objection, see attached Exhibit 1. DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 9 F:\asb3\p055 INTERROGATORY NO. 2: For each document listed below, please answer whether such document was kept and/or generated in the regular course of a regularly conducted business activity of any U.S. Gypsum Entity by an employee or representative of any U.S. Gypsum Entity with knowledge of the act, event, condition or opinion recorded. EXHIBIT NO. DESCRIPTION (a) USG 22 1932 Transactions - National Safety Council (b) USG 23 1933 Transactions - National Safety Council (c) USG 180 7/31/36 report of Dust Survey at National Asbestos Company plant at Jersey City, NJ (d) USG 7 Letter 8/17/36 T. R. Parrish to Scott, MacLeish and Falk (e) USG 11 Memorandum of Agreement 11/20/36 re Experiments by Gardner at Saranac (f) USG 2 Letter 2/27/37 Brown to Simpson (g) USG 181 Letter 5/5/37 J. S. Offutt to G. D. King (h) USG 44 Letter 5/11/37 Vandiver Brown to J. S. Offutt, enclosing Dr. Gardner's first report dated 5/5/37 (i) USG 200 Letter 9/16/37 Scharwath to Barrett (j) USG 3 Letter 9/29/37 Assistant to President, U. S. Gypsum Company to J. A. Scharwath (k) USG 4 Letter 9/29/37 J. S. Offutt to Scott, MacLeish and Falk DEFENDANT1 U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 10 F:\asb3\p055 (1) USG 5 (m) USG 6 Letter 10/8/37 John J. Cuneo to Charles M. Price Letter 10/28/37 Charles M. Price to John J. Cuneo (n) USG 187 Report January 1938 from J.S.O., "Dust and Its Relation to Our Operations" (o) USG 202 Letter 10/28/46 Muehleck to Brown (P) USG 49 9/3/48 Operating Division Information Bulletin No. 602 (q) USG 203 Telegram 11/10/48 J. W. Butler to Vandiver Brown (r) USG 204 Letter 11/12/48 Brown to Butler (s) USG 206 Letter 3/3/49 Vandiver Brown to American Brake Block, et al (t) USG 51 Letter 5/3/49 Butler to Vorwald (u) USG 52 Letter 6/8/50 Ben G. Miriello to United States Gypsum Company (v) USG 53 Letter 12/27/50 Operations Manager, United States Gypsum to Miriello (w) USG 214 Death Certificate of Raffaele (Ralph) Miriello issued by Office of Registrar of Vital Statistics of Hudson County, Jersey City, New Jersey (X) USG 55 Letter 11/16/53 C. P. Kipp to Department of Mines, Quebec DEFENDANT D.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS1 INTERROGATORIES - Page 11 F:\asb3\p055 (y) USG 56 Letter 11/25/53 Poitevin, Canadian Mines Bureau, to Kipp (Z) USG 57 2/11/54 Operating Division General Order Elimination of Dusty Conditions (aa) USG 69 7/24/64 Operating Division General Order Personnel Safety and Health (bb) USG 35 Letter 7/9/65 Kipp to Brown (CC) USG 76 9/19/67 Gypsum Association Minutes of the Safety Committee Meeting (dd) USG 88 Excerpt from Sweet's Catalog, 1968 SprayDon (ee) USG 82 Memo 10/10/68 Kirkland to Rockett (ff) USG 83 Letter 10/17/68 Kempthorne to Setterberg (gg) USG 84 Memo 11/21/68 Krug to Kipp (hh) USG 86 Memo 12/27/68 Klassen to Diersen (ii) USG 87 Letter 12/27/68 D. M. Diersen to Richard Kempthorne (jj) USG 90 Letter 2/29/69 D. M. Diersen to Richard Kempthorne (kk) USG 92 Letter 4/15/69 Richard Kempthorne to D. M. Diersen DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 12 F:\asb3\p055 (11) USG 95 Kempthorne (mm) USG 97 (nn) USG 101 and Ebbinghouse (oo) USG 102 (PP) USG 103 Personnel Safety and Health Medical (qq) USG 107 Memo 3/12/70 C. P. Kipp to W. J. Brown, G. R. Krug and M. Schmidt attaching three memos 3/11/70 from Kipp (rr) USG 110 Memo 6/11/70 Atwood to Thiel (ss) USG 111 Memo 6/30/70 C. C. Thiel to C. J. Atwood (tt) USG 213 Letter dated July 1, 1970 to Wendell J. Brown from C. P. Kipp (uu) USG 112 Memo 7/2/70 Kipp to Hogan (w) USG 113 R & D Technical Request 8/20/70 Howard to Walker (ww) USG 115 Memo 12/2/70 L. A. Tobey to P. Kipp (XX) USG 116 Representatives of Health & Safety Council / ACPA ((yyyy)) USG 125 Memo 6/2/72 Roger Gillette to D. S. McVicker DEFENDANT D.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 13 F:\ftsb3\p055 (ZZ) USG 126 Memo 6/14/72 C. P. Kipp to A. J. Watt, Dr. J. Zabor, A. R. Rump and C. C. Gramer (aaa) USG 127 Memo 7/7/72 W. W. Holloway to A. R. Rump (bbb) USG 130 11/6/72 Research report (ccc) USG 134 3/9/73 Research Report (ddd) USG 138 "Industrial Hygiene Survey for U. S. Gypsum Company, Gypsum, Ohio, NATLSCO", 6/26/73, Michael L. Brown (eee) USG 137 Letter 7/31/73 Selikoff to Ehrmann (fff) USG 139 Memo 8/17/73 K. S. Freeman to J. N. Walker (ggg) USG 142 "Evaluation of Exposure to Asbestos During Mixing and Sanding of Joint Treatment Compounds," Robert D. Soule, 11/19/73 (hhh) USG 149 Letter 10/24/75 Freeman to Dr. Harrington (iii) USG 189 Memo 3/24/82 Torrey to Snell ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. Without waiving this objection, see attached Exhibit 1. DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 14 F:\ftsb3\p055 INTERROGATORY NO. 3: For each document listed below, please answer whether such document was found in your files in such a condition as to create no suspicion concerning its authenticity. EXHIBIT NO. DESCRIPTION (a) USG 22 1932 Transactions - National Safety Council (b) USG 23 1933 Transactions - National Safety Council (c) USG 180 7/31/36 report of Dust Survey at National Asbestos Company plant at Jersey City, NJ (d) USG 7 Letter 8/17/36 T. R. Parrish to Scott, MacLeish and Falk (e) USG 11 Memorandum of Agreement 11/20/36 re Experiments by Gardner at Saranac (f) USG 2 Letter 2/27/37 Brown to Simpson (g) USG 181 Letter 5/5/37 J. S. Offutt to G. D. King (h) USG 44 Letter 5/11/37 Vandiver Brown to J. S. Offutt, enclosing Dr. Gardner's first report dated 5/5/37 (i) USG 200 Letter 9/16/37 Scharwath to Barrett (j) USG 3 Letter 9/29/37 Assistant to President, U. S. Gypsum Company to J. A. Scharwath (k) USG 4 (1) USG 5 Letter 9/29/37 J. S. Offutt to Scott, MacLeish and Falk Letter 10/8/37 John J. Cuneo to Charles M. Price DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS* INTERROGATORIES - Page 15 F:\asb3\p055 (m) USG 6 Letter 10/28/37 Charles M. Price to John J. Cuneo (n) USG 187 Report January 1938 from J.S.O., "Dust and Its Relation to Our Operations" (o) USG 202 Letter 10/28/46 Muehleck to Brown (P) USG 49 9/3/48 Operating Division Information Bulletin No. 602 (q) USG 203 Telegram 11/10/48 J. W. Butler to Vandiver Brown (r) USG 204 Letter 11/12/48 Brown to Butler (s) ' USG 206 Letter 3/3/49 Vandiver Brown to American Brake Block, et al (t) USG 51 Letter 5/3/49 Butler to Vorwald (u) USG 52 Letter 6/8/50 Ben G. Miriello to United States Gypsum Company (v) USG 53 Letter 12/27/50 Operations Manager, United States Gypsum to Miriello (w) USG 214 Death Certificate of Raffaele (Ralph) Miriello issued by Office of Registrar of Vital Statistics of Hudson County, Jersey City, New Jersey (x) USG 55 Letter 11/16/53 C. P. Kipp to Department of Mines, Quebec (y) USG 56 Letter 11/25/53 Poitevin, Canadian Mines Bureau, to Kipp DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 16 F:\asb3\p055 (Z) USG 57 2/11/54 Operating Division General Order Elimination of Dusty Conditions (aa) USG 69 7/24/64 Operating Division General Order Personnel Safety and Health (bb) USG 35 Letter 7/9/65 Kipp to Brown (cc) USG 76 9/19/67 Gypsum Association Minutes of the Safety Committee Meeting (dd) USG 88 Excerpt from Sweet's Catalog, 1968 SprayDon (ee) USG 82 Memo 10/10/68 Kirkland to Rockett (ff) USG 83 Letter 10/17/68 Kempthorne to Setterberg (gg) USG 84 Memo 11/21/68 Krug to Kipp (hh) USG 86 Memo 12/27/68 Klassen to Diersen (ii) USG 87 Letter 12/27/68 D. M. Diersen to Richard Kempthorne (jj) USG 90 Letter 2/29/69 D. M. Diersen to Richard Kempthorne (kk) USG 92 Letter 4/15/69 Richard Kempthorne to D. M. Diersen (11) USG 95 Letter 5/16/69 D. M. Diersen to Richard Kempthorne (mm) USG 97 Bulletin - Labeling, 5/29/69 DEFENDANT U S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS INTERROGATORIES - Page 17 F:\asb3\p055 (nn) USG 101 Memo 10/17/69 Klassen to Steeves, Setterberg and Ebbinghouse (oo) USG 102 Memo 11/25/69 CCT to Diersen (pp) USG 103 12/23/69 Operating Division General Order Personnel Safety and Health Medical (qq) USG 107 Memo 3/12/70 C. P. Kipp to W. J. Brown, G. R. Krug and M. Schmidt attaching three memos 3/11/70 from Kipp (rr) USG 110 Memo 6/11/70 Atwood to Thiel (ss) USG 111 Memo 6/30/70 C. C. Thiel to C. J. Atwood (tt) USG 213 Letter dated July 1, 1970 to Wendell J.. Brown from C. P. Kipp (uu) USG 112 Memo 7/2/70 Kipp to Hogan (w) USG 113 R & D Technical Request 8/20/70 Howard to Walker (ww) USG 115 Memo 12/2/70 L. A. Tobey to P. Kipp (XX) USG 116 Letter 8/25/71 Bradley Walls to Principals and Representatives of Health & Safety Council / ACPA (yy) USG 125 Memo 6/2/72 Roger Gillette to D. S. McVicker (ZZ) USG 126 Memo 6/14/72 C. P. Kipp to A. J. Watt, Dr. J. Zabor, A. R. Rump and C. C. Gramer DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 18 F:\aab3\p055 (aaa) USG 127 Memo 7/7/72 W. W. Holloway to A. R. Rump (bbb) USG 130 11/6/72 Research report (ccc) USG 134 3/9/73 Research Report (ddd) USG 138 "Industrial Hygiene Survey for U. S. Gypsum Company, Gypsum, Ohio, NATLSCO", 6/26/73, Michael L. Brown (eee) USG 137 Letter 7/31/73 Selikoff to Ehrmann (fff) USG 139 Memo 8/17/73 K. S. Freeman to J. N. Walker (ggg) USG 142 "Evaluation of Exposure to Asbestos During Mixing and Sanding of Joint Treatment Compounds," Robert D. Soule, 11/19/73 (hhh) USG 149 Letter 10/24/75 Freeman to Dr. Harrington (iii) USG 189 Memo 3/24/82 Torrey to Snell ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. Without waiving this objection, see attached Exhibit 1. INTERROGATORY NO. 4: Has U.S. Gypsum stipulated or agreed to the authenticity of any of the documents referenced in Interrogatory No. 1 with any person prior to the date of these Interrogatories? DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 19 F:\asb3\p05S ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, this defendant has responded to interrogatories similar to these in Stenzel, et al. v. Armstrong World Industries, Inc., et al. in the District Court of Dallas County, Texas 162nd Judicial District, No. 91-6526. DEFENDANT U.S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES - Page 20 F:\aab3\p053 STATE OF ILLINOIS ) ) COUNTY OF COOK SS VERIFICATION I, F. M. Poremski, declare: I am the Manager, Financial 6 Accounting Services, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said corporation; I have read the foregoing Answers, Objections, and other Responses to Plaintiff's Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed 111inois. F. M. Poremski 1-F 1900 MKV/nks FBI9485 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their busi ness address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in HEYL. ROYSTER VOELKER & ALLEN **rgSSlO**AL C0*0*AT>0M ATTORNEYS at law SU'TC AOO JtrrcASON Aank 6u<lD*mG BCORlA. ILLINOIS 6*602 Horn 7-0*00 BLACKHAVK and DUB'JQUE Service List (1st Judicial Dist. Iowa) BLACKHAV - BLACKKAW.E Judge Peter Van Metre Black Hawk County Courthouse 316 E. 5th St. Waterloo, IA 50703 ATTORNEYS FOR PLAINTIFFS Michael J. Galligan Micheal D. Maxwell Galligan & Conlin, P.C. 300 Walnut St. P.0. Box 93148 Des Moines, IA 50393 ATTORNEYS FOR AC&S, AMCHEH, ARMSTRONG WORLD, CERTAINTEED, FIBREBOARD, FLEXITALLIC, GAF, A.P. GREEN, KEENE, OWENS-II.LINOIS, PITTSBURGH CORNING, UNION CARBIDE, NATIONAL GYPSUM, TAN pic, U.S. GYPSUM E. Ralph Walker Davis, h'ockenberg, Wine, Koehn & Shors 2300 Financial Center Des Moines, IA 50309 Brown, ATTORNEYS FOR AIRCO, BOC, HOBART BROS., I0WA-ILLIN0IS THERMAL, LINCOLN ELECTRIC, LOCTITE CORP., LOUISIANNA PACIFIC, SEPCO, WINTERBOTTOM SUPPLY Michael D. Huppert Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway 312 8th St. - Suite 100 Des Moines, IA 50309 . ATTORNEYS FOR AIRCO, HOBART BROS., LINCOLN ELECTRIC D. Patterson Gloor Peter J. Borzeka Cassiday, Schade & Gloor 333 W. Wacker Drive - Suite 1200 Chicago, IL 60606-1289 ATTORNEYS FOR ANCHOR PACKING, A.W. CHESTERTON, FOSTER WHEEIER CORP., FOSTER WHEELER ENERGY Emmet Tin1ey William R. Hughes, Jr. Stuart, Tinley, Peters, Thorn, Smits, French & Hughes 310 W. Kanesville Blvd. - 2nd Floor P.O. Box 398 Council Bluffs, IA 51502 Blackhawk and Dubuque Counties ATTORNEYS FOR ATLAS-TURNER Michael A. Bowman Shimanek, Shimanek & Bowman 114 S. Cedar St. P.0. Box 351 Monticello, IA 52310 ATTORNEYS FOR BRAND INSULATIONS ATTORNEYS FOR COMBUSTION ENGINEERING Ronald A. Riley John E. Swanson Hansen, McClintock & Riley Fleming Bldg. - 8th Floor Des Moines, IA 50309 ATTORNEYS FOR JOHN CRANE (DUBUQUE COUNTY) Roger Lathrop Therese M. Sizer Betty, Neuman & McMahon 111 E. Third S.t. Davenport, IA 52801-1550 . ATTORNEYS FOR JOHN CRANE (BUCK HAWK COUNTY) Roland D. Peddicord Peddicord, Wharton, Thune, Foxhoven & Spencer Fleming Bldg. - Suite 300 P.0. Box 9130 Des Moines, IA 50306-9130 ATTORNEYS FOR CROWN CORK & SEAL T. Todd Becker Tom Filey Law Firm 4040 First Ave. N.E. Cedar Rapids, IA 52402 ATTORNEYS FOR EAGLE-PICHER John R. Timmermier John M. Burns Schmid, Mooney & Frederick 1800 First National Center Omaha, NE 68102 ATTORNEYS FOR GARLOCK Gregory G. Barntsen W. Curtis Hewett Smith, Peterson, Beckman & Willson 35 Main Place P.0. Box 249 Council Bluffs, IA 51502 2 Blackhawk and Dubuque Counties ATTORNEYS FOR OVENS-CORNING Marvin F. Heidman John D. Ackerman Eidsmoe, Heidman, Redmond, Fredregill, Patterson & Schatz 701 Pierce St. - Suite 200 P.0. Box 3086 Sioux City, IA 51102 ATTORNEYS FOR ROCK WOOL, A.H. BENNETT Kyle B. Mansfield Robert E. Diehl Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan 4200 Multifoods Tower 33 S. Sixth St. Minneapolis, MN 55402 . Dick H. Montgomery Greer, Nelson, Montgomery, Barry and Bovee Professional .Bldg. P.0. Box 7038- Spencer, IA 51301 . ATTORNEYS FOR SPRINKMANN SONS ATTORNEYS FOR TAYLOR INSULATION ATTORNEYS FOR GRANT WILSON, ABEX CORP., KAISER ALUMINUM David Swinton Ahlers, Cooney, Dorweller, Haynie, Smith & Allbee 100 Court Ave. - Suite 600 Des Moines, IA 50309 ATTORNEYS FOR CAREY CANADA, CLEOTEX, RAYMARK Lawrence P. McLellan Bradshaw, Fowler, Proctor & Fairgrave 1100 Des Moines Bldg. Des Moines, IA 50309-2464 ATTORNEYS FOR FLINTK0TE Claude H. Freeman Grefe A Sidney 2222 Grand Ave. P.0. Box 10434 Des Moines, IA 50306 3 Blackhawk and Dubuque Counties ATTORNEYS FOR METROPOLITAN LIFE Timothy J. Walker Jaki Samuel son Whitfield, Husgrave, Selvy, Kelly & Eddy 1300 First Interstate Bank Bldg. Des Moines, IA 50309 Richard V. Jones Joan H. Beyer Bessler, Amery & Ross Washington Office Center 44 Whippany Road Horristown, NJ 07960 ATTORNEYS FOR R.K. PORTER Gary D. Sharp Kohl, Secrest, Wardle, Lynch, Clark & Hampton 30903 Northwestern Highway P.0. Box 3040 . Farmington Hills, MI 48333-0040 Richard J. Howes Howes & Anderson, P.C. 612 Equitable Bldg. .604 Locust St. Des Moines, IA 50309 ' ATTORNEYS FOR DRESSER INDUSTRIES, J.D. MOTT, HARR I SON-WALKER REFRACTORIES Patrick M. Roby Shuttleworth & Ingersoll, P.C. 500 MNB Bldg. P.0. Box 2107 Cedar Rapids, IA 52406 ATTORNEYS FOR A Y- McDONALD, ALLIED INSULATION Henry A. Harmon Grefe & Sidney 2222 Grand P.0. Box 10434 Des Moines, IA 50306 ATTORNEYS FOR A.T. HcDONALD R. Todd Gaffney Duncan, Jones, Riley & Finley Equitable Bldg. - 4th Floor Des Moines, IA 50309 4 Blackhawk and Dubuque Counties ATTORNEYS FOR THIESSEN Alan Blackwood Blackwood, Nowinski & Swanson 3913 - 15th St. D Moline, IL 61265 ATTORNEYS FOR MECHANICAL INSULATION Jack E. Dusthimer Carlin, Hellstrom & Bittner 1000 First Bank Center 201 V. Second St. Davenport, IA 52801 ATTORNEYS FOR V.R. GRACE (BLACK HAWK COUNTY) David Dutton Mioser, Thomas, Beatty, 3141 Brockway Road P.0. Box 810 , Waterloo, IA .50704 Dutton, Braun & Staack ATTORNEYS FOR W.R. GRACE (DUBUQUE COUNTY) Elliott R. McDonald McDonald, Stonebraker & Cepican P.0. Box 2746 Davenport, IA 52809 ATTORNEYS FOR KRETSCHMER-TREADWAY CO. Robert M. Bertsch O'Connor & Thomas 200 CyCare Plaza Dubuque, IA 52001 ATTORNEYS FOR GENERAL REFRACTORIES, GREFCO Mark J. Wiedenfeld Grefe & Sidney 2222 Grand P.0. Box 10434 Des Moines, IA 50306 ATTORNEYS FOR CHRISTY REFRACTORIES ATTORNEYS FOR CLARK GASKET ATTORNEYS FOR GENERAL INSULATION ATTORNEYS FOR INTERSTATE PIPE & SUPPLY ATTORNEYS FOR BROWN LUMBER ATTORNEYS FOR INSULATION SERVICES 5 Blackhawk and Dubuqu Counties ATTORNEYS FOR 10VA ASBESTOS Hayward L. Draper Eric P. Sloter Nyemaster, Goode, McLaughlin, Emery & O'Brien, P.C. 699 Walnut St. 1900 Hub Tower Des Moines, IA 50309 ATTORNEYS FUR L & L INSULATION Stephen D. Hardy Grefe & Sidney 2222 Grand Avenue P.O. Box 10634 . Des Moines, IA 50306 ATTORNEYS FOR GEORGIA PACIFIC, RUTLAND FIRE CLAY Charles D. Hunter Robert D. Shatp Belin, Harris,' Helmick, Tesdell, Lamson, McCormick 2000 Financial Center Des Moines, 1A 50309 ATTORNEYS FOR MacARTHUR CO. Jon P. Parrington Pustorino, Pederson, Tilton & Parrington 4005 W. 65th St. - Suite 200 Minneapolis, MN 55435 Jody A. Dible Berenstein, Vriezelaar, 300 Commerce Bldg. P.O. Box 1557 Sioux City, IA 51102 Moore, Moser & Tigges ATTORNEYS FOR UNITED STATES MINERAL Robert L. Fanter Kevin M. Reynolds Whitfield, Musgrave, Selvy, Kelly & Eddy 1300 First Interstate Bank Bldg. Des Moines, IA 50309 ATTORNEYS FOR EMPIRE ACE Thomas J. Logan Hopkins & Huebner Terrace Center - Suite 111 2700 Grand Ave. Des Moines, IA 50312 6 Product Name Sabinite Audicote Hi-Lite Red Top Trowel Finish Oriental Interior Finish Plaster . Red Top Cover Coat Red Top Patching Plaster Red Top Wood Fiber Plaster - Regular Exhibit 1 Product Tvoe/Use Acoustical Plaster Acoustical Plaster Acoustical Plaster Finish Plaster Finish Plaster Finish Plaster Finish Plaster Basecoat (Dates Approximately) First Last Produced Produced 1930 1930 1930 1930 1930 *1964 1945 1945 *1964 1945 1955 1972 1955 1972 1930 1930 1935 1935 1950 1942 1942 1942 1942 1942 1951 1972 1972 1972 1972 1944 2-949 1949 1942 1948 1948 1929 1942 1942 1944 1945 1945 1945 1945 1945 1945 1945 1945 1945 1948 1948 1952 1950 1972 . 1946 1954 1964 1947 1946 1951 194 7 1972 1952 1959 1963 1963 1965 1966 1967 1960 1952 1972 1960 Manufacturing Locations Fort Dodge, IA Midland, CA East Chicago, It' Mew Brighton, NY Gypsum, OH Mew Brighton, NY Fort Dodge, IA New Brighton, NY Fort Dodge, IA Gypsum, OH East Chicago, IN Fort Dodge, IA New Brighton, NY Fort Dodge, IA Oakfield, NY Fort Dodge, IA New Brighton, NY Sweetwater, TX Boston, MA Gypsum, OH Philadelphia, PA Jacksonville, FL Norfolk, VA Philadelphia, PA Milwaukee, MI Southard, OK New Brighton, NY Gypsum, OH New Brighton, NY Nephi, UT Milwaukee, WI South Gate, CA East Chicago, IN Heath, MT Nephi, UT Midland, CA Fort Dodge, IA Detroit, MI Sweetwater, TX Loveland, CO Southard, OK Plaster City, CA Gerlach, NV Sigurd, UT Empire, NV -1- 2D. Saranac Agreement - U.S. Gypsum after reasonable inquiry has not located a copy of this document in the Company's files and presently believes that its counsel obtained a copy only during the course of asbestos litigation, after which the document was added to the Company's litigation document collection. U.S. Gypsum believes that the document was signed by Mr. Shaver but after reasonable inquiry, the information known or readily obtainable by it is insufficient to enable it to admit or deny whether this document was received by U.S. Gypsum in the form attached to plaintiff's request shortly after it was generated. U.S. Gypsum admits the genuineness and authenticity of this document, that it is an accurate copy of the original, and that it was made contemporaneously to the event, activity or occurrence. U.S. Gypsum has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to admit or deny whether this document is a business record of another company or organization, or whether it was the regular practice of that business activity to make such documents. U.S. Gypsum denies that this document is its business record, or that it was prepared by or at its direction. (e) USG 11 3. Documents not found in U.S. Gvosum's files: cannot be confirmed as produced to the company in litigation - The following documents have not been found in the files of United States Gypsum Company and United States Gypsum Company cannot confirm said documents were produced to it during the course of the asbestos litigation. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny whether said document is genuine, authentic, an accurate copy of the original, is a business record of another company or organization, was made contemporaneously to the event, activity or occurrence, was made in the course of a regularly conducted business activity or whether it was a regular practice for that business activity to make such documents. United States Gypsum Company denies that this document is its business record, was prepared by or at its direction or that it received a copy on or about the date indicated thereon or at or near the time of the events and facts recorded therein. (a) (b) (dd) (w) USG USG USG USG 22 23 88 214 WP/3841 EXHIBIT 1 NO. 91-03881-A JAMES GRADY OVERSTREET; CLEOPHAS PARNELL and DOROTHY PARNELL; TESSEL TAYLOR JONES, Sr.; JAMES DEMPSY MAYO and HAZLE MAYO; and SAM PETTAWAY and MINNIE LEE PETTAWAY, IN THE DISTRICT COURT OF Plaintiffs, DALLAS COUNTY, TEXAS vs. FIBREBOARD CORPORATION, et al, Defendants. 14TH JUDICIAL DISTRICT UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFFS' INTERROGATORIES TO DEFENDANT Defendant, United States Gypsum Company, in preparing a response to Plaintiffs' First Request for Production and Interrogatories has classified documents into three categories. Category 1 documents are those documents which United States Gypsum Company has located within its files; Category 2 are documents United States Gypsum Company has received during the course of the asbestos litigation but these documents were not located in the files of United States Gypsum Company; Category 3 are documents not found in the files of United States Gypsum Company and which United States Gypsum Company cannot confirm were produced to it during the course of the asbestos litigation. RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION AND INTERRATORIES Defendant United States Gypsum Company responds as follows with regard to the documents noted below: 1-F 1900 MKW/nks FB19485 (b) The contract or agreement under which such indemnity is claimed; (c) The nature and terms of the indemnifying agreement; and, (d) The identity of all documents related to the subject matter of this interrogatory. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, see this defendant's response to Interrogatory No. 64. INTERROGATORY NO. 68: Other than as may have been listed in response to the above interrogatories, is there now, or has there ever been in existence, any bond, guarantee or suretyship in favor of defendant for acts or omissions arising in your business operations which result(ed) in liability, personal injury or property damages? If so, please state the name and address of the bonding company, guarantor or surety, the effective dates of coverage and the nature and extent of the coverage provided, including limits of liability. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, see this defendant's response to Interrogatory No. 64. ' INTERROGATORY NO. 69: To the best of your knowledge are you an additional insured, or have you been an additional insured, since 1965, eyl roysteb. voelker a ALLEN -orts*.o-.tco-o*T,o ATTORNEYS at law SU'TC 600 J*AN SUILOIMC RCORIA ILLINOIS 6)602 uoti 7*0*00 under any liability insurance policy providing liability insurance coverage for the operation of your business or the acts alleged in plaintiffs' Complaint? If so, please state the following: * 62- 1-F 1900 MKW/nks FB19485 (a) The name and address of the underwriting insurance company; (b) The name and address of the insurance agency or broker through whom the insurance coverage procured; (c) The dates of initiation, inspection, renewal and expiration of the policy; (d) The nature of coverage provided; (e) The liability policy limit or limits; (f) Whether or not, in your opinion, that liability insurance policy provides coverage for the acts alleged . in plaintiffs' Complaint or any judgment which may be entered against defendant in this lawsuit; and, (g) The identity of any such policies or documents. ANSWER: Objection. This -Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, see this defendant's response to Interrogatory No. 64. INTERROGATORY NO. 70: Has defendant, defendant's organizational units, predecessors, subsidiaries, or affiliated entities at any time prepared any form of annual or periodic financial statement or report, such as an annual report, shareholder report, profit and loss statement, balance sheet, SEC form 10-K or form 10-Q, etc.? If so, please do the following as to each such financial statement or record: (a) Identify the statement or report, describe its content, summarize its purpose and state its frequency of preparation; MEYL. ROYSTER. VOELKER ft ALLEN O^CSSlONAL CORPORATION ATTORNEYS AT LAW suite too jC're*o rank ruiloinc PEORIA ILLINOIS ftl02 (30RI 0*00 (b) Identify each of your accountants since 1960 and state the period of service of each account; (c) State the gross value of your sales in each year since 1960; (d) State your net worth in each year since 1960; -63- 1-F 1900 MKW/nks FB19485 (e) State the gross value of your total assets in each year since 1960; and, (f) Identify all financial statements or reports and identify all documents relating to the subject matter of this interrogatory. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY NO. 71: State the names and addresses of all lay witnesses whom you presently intend to call to testify at trial, and briefly state the subject matter of their testimony and what connection each such person has with matters relevant to this lawsuit (e.g., former co-workers of plaintiff, former plant manager of plant X, etc.). Supplement this list as you ascertain any additional witnesses. ANSWER: Unknown at this time. This defendant reserves the right to supplement this answer. INTERROGATORY NO. 72: Please state whether the defendant has a statement, signed, adopted or approved by either (1) any person named in answer to these interrogatories or (2) any other person with knowledge concerning the facts of this lawsuit. (a) For each such statement, please state: (1) Whether the statement is in question-and-answer or narrative form; HCYL ROYSTER VOELKCR ft ALLEN O^CSS'ONAt CO"0*ATiOh ATTORNEYS at law Su<TC 600 jCrrC*SON A*** BU'LD'NG PEORIA ILLINOIS ftifto? <30*' e-e o^oo (2) Whether the person giving it received a copy of the statement; (3) Whether the statement was signed; (4) If the statement was not signed, the method by which it was adopted or approved; -64- 1-F 1900 MKW/nks FBI9485 (5) The name and present address of the person by whom the statement was taken; (6) When the statement was taken; (7) Where the statement was taken; (8) The name and address of the person having custody of the statement; and, (9) Please attach copies of said statements to these answers. (b) For each such person named, please state whether the defendant has a stenographic, mechanical, electrical or other recording or transcript of an oral statement of such person and also state: (1) Whether the statement is in question-and-answer or narrative form; (2) Whether the person giving it received a copy of the statement; (3) The method by which the statement was preserved; (4) The name and present address of the person who took the statement; (5) The name and address of the person who has custody of the statement; and, (6) Please attach copies of transcripts of said statements to these answers. ANSWER: None other than those obtained through formal discovery. INTERROGATORY NO. 73: Has the defendant or anyone acting on behalf of the defendant conducted an investigation into any facts or circumstances concerning the claims involving any of these actions? If so, state: (a) The name and address of all persons taking part in the investigation; HCYL. ROASTER vOElkER & allEN mC'CSS onal corporation ATTORNEYS AT LAW $u>T 600 jCrrE*SON SANK U'U.D'NG PEORIA ILLINOIS 6'602 76-0*00 (b) Identify the employer of all persons named in (a) above; (c) Whether or not any written reports were made and, if so, the name and address of the person having custody of said reports; and, -65- 1-F 1900 MKW/nks FB19485 (d) Please identify all documents relating to the investigation. ANSWER: None other than through formal discovery proceedings. INTERROGATORY NO. 74: State the name, address and business or professional title of each person whom you expect to call as an expert witness at trial as to any contention whether medical, cause and effect, activity of a defendant or any other matter for which you intend to have expert testimony. For each such expert, please state: (1) The subject matter on which the expert is expected to testify, (2) Whether the expert has prepared a written report on this case; (3) The substance of the facts and opinions to which the expert is expected to testify; and, (4) Set forth a summary of the grounds of each such opinion. Supplement this answer as you ascertain any additional expert witnesses and when written reports are subsequently prepared.' ANSWER: Unknown at this time. This defendant reserves the right to supplement this answer. INTERROGATORY NO. 75: Please identify each present or past employee of defendant, defendant's organizational units, predecessors, subsidiaries, or affiliated entities who has ever testified under oath or been deposed in connection with any asbestos-related lawsuit or claim and state the HCYL. ROYSTER. VOELKER ACLEN *0'CSS'0**al co**oa*r<ON ATTORNEYS at LAW &U>TC O0 jCF'cason u'l.D'nG PEORIA ILLINOIS 6ie02 (MU 0*00 following as to each such employee: (a) The specific dates of the testimony and/or depositions; (b) The nature of each such occasion (e.g., trial testimony, discovery deposition, videotape deposition, etc.); -66- 1-F 1900 MKW/nks FB19485 (c) The court or tribunal as well as full caption and docket or file number for each such occasion; (d) The identity of the plaintiff's attorney by name, firm and business address for each such occasion; (e) The identity of the court reporter or stenographer by name, firm and business address for each such occasion; (f) Whether you possess a copy of a transcript as to each such occasion and, if so, identify the current custodian of the transcript; and, (g) Whether any of these occasions was videotaped, identifying the videotaper by name, firm and business address. ANSWER: See attached Exhibit No. 9. INTERROGATORY NO- 76: Please identify which of the lay or expert witnesses listed by you in response to these interrogatories who have ever testified under oath or been deposed in connection with any asbestos-related lawsuit or claim. For each such person, please state: (a) The specific dates of the testimony and/or depositions; (b) The nature of each such occasion (e.g., trial testimony, discovery deposition, videotape deposition, etc.); (c) The court or tribunal as well as full caption and docket or file number for each such occasion; (d) The identity of the plaintiff's attorney by name, firm and business address for each such occasion; (e) The identity of the court reporter or stenographer by name, firm and business address for each such occasion; (f) Whether you possess a copy of a transcript as to each such occasion and, if so, identify the current custodian of the transcript; and, HEYL. BOLSTER. VOELKEB 6 ALLEN *OFCSS 0**1. C0*0**T'0 ATTORNEYS AT law SU'TC eoo jCrXSON UiLO'NC PEORIA ILLINOIS i02 1309) *76 0*00 (g) Whether any of these occasions was videotaped, identifying the videotaper by name, firm and business address. ANSWER: Not applicable. 67- 1-F 1900 MKW/nks FB19485 INTERROGATORY NO. 77: Please identify (1) each document defendant will offer in evidence and (2) any other document, study, writing, treatise or other material that any expert witness intends to rely upon, use, or testify about at the trial of this case to support the claims and defenses contained in defendant's answer. ANSWER: Unknown at this time. This defendant reserves the right to supplement this answer. INTERROGATORY NO. 78: Does defendant have a policy, plan or program for record or document retention or destruction? (a) If so, please describe such plan in detail. (b) If the plan is different for separate categories of records, please describe the plan for.each category. (c) Please include the following in your description: (1) The name and title of the custodian of the records; (2) The length of time for which records are retained; (3) The titles and names of the personnel responsible for determining the policy or plan from 1930 to present; (4) The titles and names of the personnel responsible for the removal and destruction of any records, pursuant to any such plans from 1930 to present; and, (5) The whereabouts of any repositories of records of your business activities which are more than ten (10) years old. ANSWER: This defendant has a record retention policy in place. A copy of the current policy will be made available pursuant to a properly MEYL. ROYSTER. VOELKER ALLEN RROTCSS-Onai. CORPORATION attorneys at law SUITE SOO JCr'CRSON Sank SUILOINO reoria Illinois sieoz (300) '>-0*00 filed request to produce. -68- 1-F 1900 MKW/nks FB19485 INTERROGATORY NO. 79: Pursuant to your record destruction or retention policy or otherwise, have you destroyed any documents, records or writings pertaining to: (a) Health hazards of asbestos; (b) Workmen's Compensation claims arising out of asbestosis, lung cancer, mesothelioma, cor pulmonale, pneumoconiosis, or pulmonary fibrosis; (c) The placement of warning labels on your products; (d) Hazardous conditions in your plants or factories; (e) Funding of studies about health hazards of asbestos; and, (f) Lawsuits arising out of injuries alleged to have been caused by asbestos. ANSWER: See this defendant's response to Interrogatory No. 78. INTERROGATORY NO. 80: If your answer to the previous interrogatory is affirmative, list by author, date and subject matter each such document destroyed. ANSWER: See this defendant's response to Interrogatory No. 78. INTERROGATORY NO. 81: Does defendant contend that plaintiff improperly used its products? If so, please set out in detail in what respect said products were improperly used by plaintiff. ANSWER: Unknown at this time. Discovery continues. INTERROGATORY NO. 82: Please state each fact, and identify all -EYL. ROYSTER voelker a allEn 'OOrtSS'ONAk. COOI*TiON ATTORNEYS at law Suite eoo crreaSON Ban* SU'lO'NG ^EORia ILLINOIS 6'602 <30* ? 0*00 documents and witnesses which you contend support your allegation in your answer that plaintiffs' claims are barred by the statute of limitations. ANSWER: Unknown at this time. Discovery continues. -69- 1-F 1900 MKW/nks FB19485 INTERROGATORY NO. 83: Please state separately as to each fact and identify all documents and witnesses which you contend support your allega tion in your answer that plaintiffs' claims are barred by comparative fault and/or assumption of risk. ANSWER: Unknown at this time. Discovery continues. INTERROGATORY NO. 84: Please state the names, addresses, and telephone numbers of all current or former employees of defendant who have any know ledge concerning job sites at which defendant sold, delivered, used, installed, or removed insulation or asbestos-containing products. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Further, this defendant has employed thousands of employees since its inception and thus it would be impossible to determine who would have the knowledge or information that plaintiff is seeking. Also, 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. Without waiving this objection, and with respect to products sold, and with respect to jobsites listed on the "1JD JS-1" Galligan and Conlin Master Jobsite List, see the attached Exhibit Nos. 10-17 that, to the best current knowledge, information and belief of this defend ant, list sales persons employed by this defendant in the states of Iowa, Illinois, Kansas, Louisiana, Maryland, North Dakota, Nebraska and Wisconsin. MEYL. ROYSTER. VOELKER & ALLEN *0'CSSjOal CO*0*ATtON ATTORNEYS AT LAW SUITE SOO jcrrcmso* Su'iO'wC PEORIA. ILLINOIS 6*602 (SOS) 6TS 0400 INTERROGATORY NO. 85: Please state the names, addresses, and telephone numbers of all current or former employees of defendant who have any know ledge concerning product names, manufacturer names, brand names, or generic -70- 1-F 1900 MKW/nks FB19485 types of insulation or asbestos-containing products sold, delivered, used, installed or removed by defendant. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Further, this defendant has employed thousands of em ployees since its inception and thus it would be impossible to determine who would have the knowledge or information that plaintiff is seeking. Also, 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. Without waiving this objection, and with respect to products sold, and with respect to jobsites listed on the "1JD JS-1" Galligan and Conlin Master Jobsite List, see the attached Exhibit Nos. 10-17 that, to the best current knowledge, information and belief of this defendant, list sales persons employed by this defendant in the states of Iowa, Illinois, Kansas, Louisiana, Maryland, North Dakota, Nebraska and Wisconsin. INTERROGATORY NO. 86: Please state the names, addresses, and telephone numbers of all current or former employees of defendant who have any know ledge concerning customers, contractors, distributors, manufacturers, or wholesalers of insulation or asbestos-containing products with whom defend ant had dealings between 1930 and the present. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Further, this defendant has employed thousands of era- Hen.. poysteh. voeLKen ALLEN ATTORNEYS AT law SUIT* oo Jim**,*,u,LDino PEORIA ILLINOIS 01602 00*1 '>0400 ployees since its inception and thus it would be impossible to determine who would have the knowledge or information that plaintiff is seeking. Also, U- S. Gypsum does not possess any records maintained in the normal course of -71- 1-F 1900 MKW/nks FB19485 business which identify who the ultimate user of the product was or where it was installed. Without waiving this objection, and with respect to products sold, and with respect to jobsites listed on the "1JD JS-1" Galligan and Conlin Master Jobsite List, see the attached Exhibit Nos. 10-17 that, to the best current knowledge, information and belief of this defendant, list sales persons employed by this defendant in the states of Iowa, Illinois, Kansas, Louisiana, Maryland, North Dakota, Nebraska and Wisconsin. MEYL. RO^STEfi. VOClKER ft ALLEN *0*TS*i0hal CO**0*ation attorneys AT LAW fU'Tt 600 JtrrtSON 6anm uu.D'NG PEORIA -ILLINOIS i02 l*06 676-0*00 -72- 1B1. In-house business records found in U.S. Gypsum1s files This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. With respect to documents comprising individual pages of operating bulletins, asterisked below, it is denied that such individual pages constituted the complete operating bulletin in effect from time to time. (j) (k) (P) (x) (z) (aa) (hh) (jj) (11) USG 3 USG 4 USG 49* USG 55 USG 57* USG 69* USG 86 USG 90 USG 95 (mm) (nn) (PP) (w) (aaa) (bbb) (hhh) (iii) USG 97 USG 101 USG 103* USG 113 USG 127 USG 130 USG 149 USG 189 1B3. In-house documents not business records (hearsay) found in U.S. Gvosum*s files - This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay. (d) (gg) (OO) (qq) (rr) (ss) (uu) USG 7 USG 84 USG 102 USG 107 USG 110 USG 111 USG 112 (ww) (yy) (zz) (ccc) (fff) (g) (n) USG USG USG USG USG USG USG 115 125 126 134 139 181 187 1B5. In-house document not business records (not regularly prepared, hearsay) found in U.S. Gypsum1s files - This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by an employee of United States Gypsum Company, and that the document was made at or near the time of the event. United States Gypsum Company denies that the document was made in the course of a regularly conducted business activity, that it was the regular practice of that business activity to make the document, or that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay. (i) USG 200 1C1. Found in U.S. Gvpsuh^s files, but not authored bv U.S. Gypsum - This defendant admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny that this document is genuine, authentic, a business record, that it was made in the course of a regulatory conducted business activity or that it was the regular practice of that business activity to make the document or that this document was made at or near the time of the event. United States Gypsum Company denies that this document was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that it received the document as of the date of any "Received" stamp or other notation of receipt on the document, but otherwise, after reasonable inquiry, the information known or readily obtainable by it is insufficient to enable it to either admit or deny that the document was received on or about the date indicated thereon or at or near the time of the events and facts recorded therein. (1) (h) (y) (ff) (kk) (xx) (eee) USG 5 USG 44 USG 56 USG 83 USG 92 USG 116 USG 137 1C3. Gypsum Association documents and the Saranac Progress Report, found in U.S. Gypsum's files - United States Gypsum Company admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company. After reasonable inquiry. United States Gypsum Company has been unable to determine the exact time of receipt of this document, but does not intend to contest at trial that it was received at or near the time of the event. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny that the document is genuine, authentic, a business record, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document. United States Gypsum Company denies that the document was prepared by or at the direction of United States Gypsum Company. (ggg) usg 142 1C4. NATLASCO documents and Saranac Plant Studie. found in U.S. Gypsum1s files - United States Gypsum Company admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company, was prepared at the request of United States Gypsum Company and was received by it at or near the time of the event. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny that the document is genuine, authentic, a business record of another company or organization, was made at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document. (ddd) USG 138 (c) USG 180 1C6. Counsel letter - United States Gypsum Company admits that this document is genuine, authentic, an accurate copy of a document found within the files maintained by United States Gypsum Company, was prepared at the request of United States Gypsum Company and was received by it at or near the time of the event. U.S. Gypsum believes that this document is the business record of its then counsel, was made at or near the time of the event, was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. (m) USG 6 ID. Privileged documents - Objection. This document is protected by attorney-client privilege. This defendant objects to discovery in relation to same. (tt) USG 213 2A1. In-house business records that cannot be located in U. s. Gypsum's files - United States Gypsum Company denies that this document was found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. United States Gypsum Company does not intend to contest at trial the genuineness, authenticity or accuracy of the copy of this document. With respect to documents comprising individual pages of operating bulletins, asterisked below, it is denied that such individual pages constituted the complete operating bulletin in effect from time to time. (t) USG 51 (V) USG 53 (ii) USG 87 2A2. In-house documents not business records (hearsay^ not found in U.S. Gypsum*s files - U.S. Gypsum denies that this document was found within the files maintained by United States Gypsum Company. This defendant admits that this document is genuine, authentic, and an accurate copy of the original. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that this document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regularly practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay. (bb) USG 35 2B1. Business records of Canadian Gypsum Company, not found in U.S. Gvpsuh^s files, obtained during litigation - Denied as stated. United States Gypsum Company admits that this document appears to be an accurate copy of a document obtained during the course of litigation from its former subsidiary, Canadian Gypsum Company, but this document was not contained within the files of United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company. United States Gypsum Company admits that this document is a business record of its former subsidiary, Canadian Gypsum Company, that it was made at or near the time of the event referred to by or from information transmitted by a person with knowledge, that it was made in the course of regularly conducted business activity and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that the document was prepared by or at the direction of United States Gypsum Company. (ee) USG 82 2C. Documents not found in U.S. Gvosum's file; produced to U.S. Gvpsum during the course of asbestos litigation, not authored bv U.S. G/psum - United States Gypsum Company has received the following documents during the course of the asbestos litigation but these documents were not contained in the files of United States Gypsum Company. United States Gypsum Company has made reasonable inguiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny whether said document is genuine, is authentic, is an accurate copy of the original, is a business record of another company or organization, was made contemporaneously to the event, activity or occurrence, was made in the course of a regularly conducted business activity of another company or organization of whether it is a regular practice of that business activity to make such documents. United States Gypsum Company denies that this document is its business record, was prepared by or at its direction or that it received a copy on or about the date indicated thereon or at or near the time of the events and facts recorded therein. (f) (u) (cc) (O) (g) (r) (S) USG 2 USG 52 USG 76 USG 202 USG 203 USG 204 USG 206 Product Name Red Top Wood Fiber Plaster - Machine Application Cement Plaster Regular. Name changed to Gypsum Plaster 7/67; to Red Top Gypsum Plaster 11/68 Red Top Cement Plaster for Machine Application. Name changed to Red Top Gypsum Plaster for Machine Application 7/67 Red Top Structo-Lite Gypsum Plaster for Machine Application Product Tvne/Use Basccoat Basecoat Basecoat Basecoat Oriental Exterior Finish Stucco Exterior Finish Stucco (Dates Approximately) First Last Produced Produced 1959 1972 1961 1972 Manufacturing Locations Plaster City, East Chicago, 1943 1947 Loveland, CO 1962 1962 1964 1966 1966 1966 Gypsum, OH Detroit, MI Oakfield, NY 1955 1955 1957 1958 1963 1971 1955 1930 1930 1930 1930 1932 1932 1949 ' 1949 1962 1959 1962 1962 1972 1972 1960 1973 1944 1972 1972 1944 1946 1972 1972 Boston, MA Detroit, MI East Chicago, IN Fort Dodge, IA Gypsum, OH Jacksonville, FL Loveland, CO New Brighton, NY Norfolk, VA Oakfield, NY Philadelphia, PA Plasterco, VA Southard, OK Sweetwater, TX Milwaukee, WI Shoals, IN Plaster City, CA Fort Dodge, IA Detroit, MI Empire, NV Fort Dodge, IA Gypsum, OH New Brighton, NY Oakfield, NY Sweetwater, TX Boston, MA Philadelphia, PA Milwaukee, WI Jacksonville, FL Philadelphia, PA Norfolk, VA -2- Product Name Product Tvoe/Use (Dates Approximately) First Last Produced Produced Manufacturing Locations Pyrobar Mortar Mix Aggregated plaster 1969 1969 1970 1972 East Chicago, IK New Brighton, NY Sheetrock Radiant Heat Filler Machine Application Specialty plaster 1971 1972 Empire, NV Bondcrete Basecoat 1940 1943 Midland, CA SPRAYDON STANDARD A Fireproofing 1966 ' 1971 S. Plainfield, N. Torrance, CA SPRAYDON STANDARD G Fireproofing 1968 1970 S. Plainfield, N. Torrance, CA SPRAYDON POWERCOTE0 Thermal Insulation 1969 1971 Corsicana, TX SprayDon - U. S. Gypsum manufactured this product pursuant to the specification of Sprayon Research Corporation. FIRECODE V FIRECODE D ***ACOUSTONE 120 ACOUSTONE 180 USG Fireproofing Plaster Fireproofing Plaster Ceiling Tile Ceiling Tile Texture Texolite Pac-Tex Texture Texture 1964 1959 196 7 1966 1964 1961 1943 1968 1964 1975 1976 1976 1967 1963 East Chicago, IN New Brighton, NY Empire, NV New Brighton, NY East Chicago, IN Empire, NV Gypsum, OH Walworth, WI Walworth, WI Gypsum, OH Gypsum, OH Sweetwater, TX Dallas, TX Chamblee, GA Midway, XL South Gate, CA Gypsum, OH Dallas, TX New Brighton, NY South Gate, CA South Gate, CA Dallas, TX Sweetwater, TX -3- Product Name Imperial QT Product Tvoe/Use Texture "SHEETROCK" Texture Texture Textone Texture USG Textone Texture Paint USG A-B TEX Texture Paint Texture Paint Other Products (By generic group) Paste Spackling Putty Pipecoverings (Oates Approximately) First Last Produced Produced 1964 1976 1964 1944 1976 1975 1928 1974 1954 1967 1964 1976 1935 1959 only 1973 only 1949 Manufacturing Locations South Cate, CA Dal Las, TX Gypsum, OH Midway, IL New Brighton, NY Chamblee, GA Gypsum, OH Dallas, TX Midway, IL South Gate, CA Gypsum, OH Sweetwater, TX South Gate, CA Dallas, TX New Brighton, NY South Gate, CA Gypsum, OH Chamblee, GA New Brighton, NY Sweetwater, TX Chamblee, GA Sweetwater, TX Gypsum, OH Gypsum, OH New Brighton, NY Sweetwater, TX Midway, IL Chamblee, GA South Gate, CA 1952 1936 1975 1938 New Brighton, NY Gypsum, OH Chamblee, GA Sweetwater, TX Jersey City, NJ -4- Product Name Joint Compounds Product Tvoe/Use (Dates Approximately) First Last Produced Produced 1920s? 1976 Manufacturing Locations Gypsum, OH Midway, IL Chamblee, GA Dallas, TX East Chicago, IN Jacksonville, FL South Gate, CA New Brighton, NY Sweetwater, TX Rigid Block Insulation Siding Shingles Roofing Thermalux Electric Heating 1943 1970 1950 1971 1937 1975 1937 1967 Possible other dates. 1946 1975 1961 1965 East Chicago, IN Greenville, MS East Chicago, IN Jersey City, NJ St. Paul, MN South Gate, CA Shoals, IN (Assembled) Asbestos Cement Insulation purposes where sheet and block insulation would be impractical. 1936 1939 Jersey City, NJ NOTE: Not all products were made at all plants at all times listed * May have been produced until this date , but sales diminished substantially by the mid-1950's. ** Some of these products (Red Top Trowel Finish; Oriental Interior Finish Plaster; Red Top Cover Coat Finish Plaster; Red Top Patching Plaster; Red Top Wood Fiber Plaster Regular Basecoat; Red Top Wood Fiber Plaster Machine Application Basecoat; Cement Plaster - Regular, Name changed to Gypsum Plaster 7/67, to Red Top Gypsum Plaster Basecoat 11/68; Red Top Cement Plaster for Machine Application - Name changed to Red Top Gypsum Basecoat for Machine Application; Red Top Structo-Lite Gypsum Plaster for Machine Application Basecoat; Oriental Exterior Finish Stucco; Pyrobar Mortar Mix; Sheetrock Radiant Heat Filler - Machine Application) did not have asbestos as part of their formulation at all manufacturing locations at all times. *** Some of these products did not have asbestos as part of their formulation. Most of the products identified in this Exhibit have a shelf life of approximately six months, with some variation due to humidity and storage conditions. It is the policy of the defendant to provide this information to all customers. Therefore, date of last production approximates date of last sale, though U. S. Gypsum is not certain whether shelf life guidelines were adhered to by its customers. Reasonable investigation continuing. 49351 -5- Asbestos-Containing Products Reasons for Discontinuation: I. Sabinite was replaced by Audicote and Hi-Lite in the marketplace. Audicote and Hi-Lite were discontinued because the low profitability of these products did not justify the expense of research efforts to reformulate without asbestos. II. Cost of Compliance with proposed lower OSHA standards within the plant. III. At the direction of Sprayon Research Corporation. IV. The low profitability of these products did not justify the expense of research efforts to reformulate without asbestos. V. Low Profitability. Product Cateoories Acoustical Plasters Plasters Fireproofing Plasters Fireproofing Thermal Insulation Ceiling Tile Textures Roofing Joint Compounds Pipe Covering Asbestos Cement Rigid Block Insulation Block Insulation Cement Siding Paste Spackling Putty Reason for Discontinuation I II ^V III III II II II II V V V IV II Si IV 11 Last Date of Manufacture - 1974 1972 1970 1972 1971 1976 1976 1976 1976 1938 1939 1950 1971 1975 1975 * Includes production by subsidiary. ** U. S. Gypsum Company manufactured this product pursuant to the specifications of Sprayon Research Corporation. Exhibit 3 PERCENTAGE OF ASBESTOS (VOLUME) ACOUSTICAL PLASTERS PRODUCTS SABINITE "TFH SABINITE "B" SABINITE 38 (HYDRAULIC) SABINITE ACOUSTICAL PLASTER SABINITE "M" and SABINITE SPECIAL WHITE SABINITE "F" SABINITE MA" oc SABINITE HYDROCAL HI-LITE ACOUSTICAL PLASTER AUDICOTE SPECIAL WHITE DATE No Change 04/18/33 11/03/33 11/10/30 04/18/32 01/13/37 07/12/39 05/23/30 01/01/31 06/29/32 05/03/40 10/18/40 01/23/48 02/27/44 07/28/50 07/28/50 6*9/18/52 04/04/31 04/18/33 11/03/33 06/09/53 03/31/55 09/15/55 08/24/56 10/31/56 12/14/56 03/27/57 12/02/57 12/02/57 03/10/58 03/27/58 04/04/58 05/16/58 05/29/58 05/29/58 05/29/59 PERCENT ASBESTC 4.90% 2.00% 4.00% 2.40% 3.00% 2.00% 3.00% .98% 2.50% 2.00% 4.00% 4.00% . 6.30% 4.00% 3.00% 4.00% 3.00% 4.00% 2.00% 4.00% 6.20% 6.30% 8.25% 7.62% 7.60% 8.00% 7.70% 6.95% .22.50% 7.10% 6.95% 22.50% ' 16.89% 17.09% 16.89% 16.88% Page 1 of 8 ACOUSTICAL PLASTERS PRODUCTS AUDICOTE SATIN WHITE RED TOP ACOUSTICAL PLASTER* *SPRAYDON STANDARD A SPRAYDON STANDARD G SPRAYDON POWERCOTE DATE 05/29/59 12/06/60 07/14/61 07/06/62 08/07/62 02/05/64 08/11/64 09/15/55 08/24/56 10/31/56 03/27/57 12/02/57 03/10/58 03/27/58 04/04/58 05/16/58 05/29/58 05/29/58 05/29/59 05/29/59 12/06/60 07/14/61 9.7/06/62 08/07/62 02/05/64 12/22/64 04/25/51 No Change No Change No Change PERCENT ASBESTOS 16.93* 8.33* 8.46* 7.63* 7.65* 7.64* 7.63* 8.43* 7.78* 7.76* 7.47* 26.24* 8.06* 7.47* 26.24* 19.66* 19.49* 19.66* 19.22* 19.70* 8.60* 8.73* 7.85* 7.87* 7.86* 7.85* 9.70* 29.70* 7.60* 30.00* * SprayDon - U. S. Gypsum manuf actured this pcoduct pursuant to the specifications of Spcayon Research Corporation. TEXTURE PRODUCTS DATE PERCENT ASBESTOS PAC-TEX 1943 1953 1954 * 4.5 4.5 - 6.0 3.5 Page 2 of 8 A-B TEX USG TEXTONE TEXTURE PAINT SPECIAL TEXTURE PAINT SPRAY TEXTURE PAINT IMPROVED SPRAY TEXTURE MULTI-PURPOSE TEXTURE SANDED COLORED TEXTURE PAINT USG MULTI-PURPOSE TEXTURE PAINT USG TEXTURE PAINT SPRAY TEXTURE PAINT USG MULTI-PURPOSE SPECIAL WHITE USG MULTI-PURPOSE USG MULTI-PURPOSE SPECIAL TEXTURE PAINT USG MULTI-PURPOSE SPRAY TEXTURE 1935 1943 1944 1928 1930 1934 1938 1943 1947 1952 1955 1956 19 58 1960 1970 1971 No Change No Change No Change No Change No Change r* . 1954 1964 No Change 1966 1968 1969 No Change 4.0 4.5 4.0 3.3 - 4.5 2.8 - 4.5 3.3 - 4.5 2.67 - 5.0 2.67 - 6.0 2.67 - 8.0 2.5 - 3.5 1.2 - 3.5 2.3 - 3.5 1.2 - 6.0 1.2 - 10.0 .5 - 10.0 .5 - 3.5 3.0 - 4.0 1.5 - 2.5 1.5 - 2.5 6.0 - 10.0 2.0 - 4.0 1.0 - 1.4 6.0 - 10.0 2.5 Unknown 5.0 2.0 5.0 No Change No Change 1956 No Change 6.0 - 10.0 4.0 Unknown 4.0 Page 3 of 0 USG MULTI-PURPOSE SPRAY TEXTURE 1972 1973 SPRAY TEXTURE No Change AB TEX TEXTURE PAINT No Change AB TEX TEXTURE PAINT No Change USG TEXTURE No Change MULTI-PURPOSE 1971 SPRAY TEXTURE PAINT WHITE 1969 1973 SPRAY TEXTURE PAINT 1958 1971 SPRAY TEXTURE PAINT No Change SIMULATED ACOUSTICAL SPRAY No Chanqe SIMULATED ACOUSTICAL SPRAY No Change SPRAY TEXTURE No Change SPRAY TEXTURE . No Change SIMULATED ACOUSTICAL SPRAY No Change SIMULATED ACOUSTICAL SPRAY % AGGREGATED SPRAY TEXTURE 1961 1962 No Change AGGREGATED SPRAY TEXTURE 1962 1953 SIMULATED ACOUSTICAL SPRAY No Change "QT" SIMULATED ACOUSTICAL SPRAY 19 6 4 1969 1971 IMPERIAL QT SPRAY No Change AGGREGATED SPRAY No Change Page <1 of e Unknown \.0 1.5' - 2.5 .5 1.2 - 1.6 1.6 - 3.5 Unknown 7.3 0.0 1.5 - 3.0 4.5 - 6.0 1.5 - 3.0 8.0 8.0 1.5 - 3.0 1.5 - 4.0 8.0 Unknown 8.0 1.0 1.0 .5 - 1.5 2.0 2.0 5.0 ` 4.4 1.5 2.8 IMPERIAL QT REGULAR VERMICULITS SPRAY TEXTURE SMOOTH HARD FINISH IMPERIAL QT TEXTURE USG SUPER HARD SPRAY USG SPRAY TEXTURE SPRAY TEXTURE FINISH USG TEXTURE XII USG SPRAY TEXTURE USG TEXTURE XII SUPER VINYL USG SPRAY TEXTURE FINISH SHEETRCCX SMCOTHCOAT USG EXTERIOR TEXTURE WALL30ARD FINISH EXTRA HARD FINS IMPERIAL QT SIMULATED ACOUSTICAL SPRAY TEXTURE SIMULATED ACOUSTICAL SPRAY TEXTURE IMPERIAL QT TEXTURE SIMULATED ACOUSTICAL SPRAY SIMULATED ACOUSTICAL SPRAY SIMULATED ACOUSTICAL SPRAY No Change .1.0 No Change 5.0 No Change 1.0 No Change 2.0 No Change 1.2 No Change 5.0 No Change .1 No Change 3.0 No Change 5.0 1971 ' 1972 3.0 Unlcnovn 1971 1974 . 4.0 5.0 No Change 1.0 No Change 4.0 No Change 1.0 - 3 No Change 8.0 * No Change 8.0 No Change No Change 4.0 6.0 No Change No Change 6.5 10.0 Page 5 o 0 SIMULATED ACOUSTICAL SPRAY No Change SIMULATED ACOUSTICAL SPRAY No Change SIMULATED ACOUSTICAL SPRAY No Change SIMULATED ACOUSTICAL SPRAY No Change IMPERIAL QT IMPERIAL QT IMPERIAL QT IMPERIAL QT MULTI-PURPOSE TEXTURE READY-MIXED SIMULATED ACOUSTICAL SPRAY IMPERIAL QT IMPERIAL QT IMPERIAL QT IMPERIAL QT IMPERIAL QT Polystcene SKSETROCK RADIANT HEAT SIMULATED ACOUSTICAL SPRAY No Change No Change No Change No Change No Change 1966 1966 1966 1966 1966 1966 1966 SHEETROCX SIMULATED ACOUSTICAL SPRAY SHEETROCX SIMULATED ACOUSTICAL SPRAY 1966 1966 AGGREGATED SPRAY TEXTURE 1966 IMPERIAL QT REGULAR 1967 IMPERIAL QT REGULAR NC-4 1967 1968 Page 6 of 8 3.0 2.5 - 4.5 2.5 - 3.5 2.0 2.0 8.0 5.0 4.0 . 2.6 Unknown 4.0 .94 - l. 2.0 - 3.0 3.0 6.0 6.0 2.0 3.5 5.0 % Unknown 8.0 6.0 IMPERIAL QT USG SPRAY TEXTURE FINISH No Change 1965 2.0 .5 USG SPRAY TEXTURE FINISH 1965 .5 XH WHITE 1968 .5 - 1.5 AGGREGATED SPRAY TEXTURE No Change 1.0 IMPERIAL QT No Change 2.0 IMPERIAL QT No Change 4.0 IMPERIAL QT COARSE VERMICULITE No Change 2.0 IMPERIAL QT COARSE VERMICULITE 1970 1971 5.1 6. 1 USG SPRAY TEXTURE R No Change 1.5 USG CONCRETE CEILING TEXTURE No Change . 6.0 TEXTCNE TEXTURE FINISH 1944 1967 1972 2.5 - 4 . 5 3.5 - 5.5 2.5 - 4.5 Miscellaneous Specialty Plas t Generally less than Fireproof ir.c Plasters Firecode V Firecode V Type D Approximately 121 Approximately 12* Ceiling Tile 'o* o'* Acoustone 120* Acouscone 180 Approximately 3 Approximately 3 Texture Products - Approximately 3 - 5 %. Investigation continues as to individual texture products. Paste Soacklina Putty - Approximately 3*4 Pipccoverinas - Approximately 30 - 911 *Not all formulations contained asbestos. Page 7 of 8 Joint Compounds - Approximately 3 - 5* Ric'.d Block Insulation - Approximately 10 - 2l`i Mortar - Less than 1% Siding Shingles - Approximately 12 - 15^ Roofing Shingles - Approximately 0.6 - 1% Variation in asbestos content is usually reflective of formula changes relative to working properties. Page 0 ot 0 4 U. S. Gypsum does not maintain examples of actual packaging in the normal course of business. All packaging contained the product name, this defendant's name. directions and instructions for use. To this defendant's best knowledge, information and belief, the product packaging for its asbestos-containing products was as follows: Acoustical Plaster Kraft Paper Bags Miscellaneous Plasters Kraft Paper Bags Stucco Kraft Paper Bags Fireproofing Plaster Kraft Paper Bags Joint Compound Kraft Paper Bags, metal and plastic buckets and cardboard cartons Spray Textures Kraft Paper Bags, metal and plastic buckets and cardboard cartons Block Insulation Cardboard Cartons Pipecovering Cardboard Cartons Spackling Paste Metal and plastic cans buckets and pails Ceiling Tile Cardboard Cartons Asbestos Cement Burlap bags, cardboard cartons Available packaging bulletins dealing with products which plaintiff can establish were relevant to this lawsuit will be made available to the plaintiff for inspection at a mutually convenient time at 101 South Wacker Drive, Chicago. IL 60606. ASBESTOS CONTAINING PROTECTS Acoustical Plasters - grayish-white; Miscellaneous Specialty Plasters - white to off-white plus some pastels for two products; Fireproofing - grayish-white; Fireproofing Plasters - white to off-white; Ceiling Tile - whits to off-white Texture Products - whits to off-white; Paste Speckling Putty, Pipecoverings, Joint Compounds, Rigid Bloch Insulation, Mortar - white to off-white; Siding - white, gray, ivory*, green, brown; Roofing - red, green, blue, brown, black and gray Exhibit 6 February 1, 1989 Plant Clinics and Medical Personnel Retained/Consulted 1930-1976 Schedule N Oakfield. New York R. C. Warn, M.D. J. Diasio, M.O. Chamblee. Georgia H. M. Schreeder, M.D. W. C. McGraw, M.D. Greenville. Mississippi J. B. Hirsch, Sr., M.D. O. Beck, M.D. J. B. Hirsch, Jr., M.D. Corsiciana. Texas A. L. Grizzafi, M.D. ' Dallas. Texas Launey Medical & Surgical Clinic D. G. launey, M.D. S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Dameron, M.D. W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Jacksonville. Florida J. H. Mitchell, M.D. J. L. Mitchell, M.D. Plasterco. Virginia J. A. Soyars, M.D. P. W. Cowherd, M.D. Page 1 of 8 Sweetwater. Texas C. A. Rosebrough, M.D. A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M.D. T. D. Young, M.D. F. Hood, M.D. R. L. Price, M.D. Detroit. Michigan R. L. St. Louis, M.D. K. Hergt, M.D. East Chicago. Indiana R. J. Liehr, M.D. F. F. Boys, M.D. F. A. Benchik, M.D. G. A. Thegze, M.D. J. Demkowicz, R.N. Fort Dodae. Iowa Fort Dodge Medical Center T. J. Michelfelder, M.D C. L. Dagle, M.D. . M. E. Kraushaar, M.D. J. J. Landhuis, M.D. G. L. LeValley, M.D. J. W. Rathke, M.D. R. H. Brandt, M.D. J. R. Kersten, M.D. W. C. Robb, M.D. H. H. Kersten, M.D. R. E. Woodard, M.D. Gvosum. C. A. P. K. K. M. Ohio J. Yeisley, M.D. J. Miessner, M.D. Hughes, M.D. Ritter, M.D. Akins, M.D. . Jennings, R.N. Shoals. Indiana E. B. Lett, M.D. R. E. Chattin, M.D. Page 2 of 8 Empire. Nevada Sparks Medical Clinic J. M. Watson, M.D. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. Torrance. California P. Casey, M.D. J. Anable, M.D. Dr. Cook South Gate. California H. Caesar, M.D. Family Medical Clinic (Various physicians. Firestone Medical Group (Various physicians. . Names unavailable) Names unavailable) Tacoma. Washington B. Archer, M.D. Walworth. Wisconsin ' D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Fami-ly Medical Center ` Boston. Massachusetts > V. Rubin, M.D. E. Staffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital Clark. New Jersey C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. E. E. Goe, M.D. S. Wexler, M.D. Oakmont. Pennsylvania C. E. Piper, M.D. F. W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital * Page 3 of 8 Franklin Park. Illinois Northwest Medical Clinic LTD. L. Devira, M.D. . Franklin Park Medical Center V. Oelrich, R.N. Rosemont. Illinois O'Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Occupational Health Center Galena Park. Texas J. Nichols, M.D. Deaton Clinic Siaurd. T. R. R. J. G. . J. Utah D. Bard, M.D. E. Noyes, M.D. N. Malouf, M.D. G. McGuarrie, M.D. A. Buchanan, M.D. B. Cluff, M.D. Genoa. Ohio E. D. Schuiteman Norfolk. VirainiaE. R. Altizer, M.D. W. H. Whitmore, M.D. G. A. Duncan, M.D. F. Walter, M.D. A. A. Burke, M.D. R. L. Payne, M.D. J. L. Rosenthal, M.D. P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D. V. H. Ober, M.D. Dr. Albanese J. Foster, M.D. G. G. Hollins, M.D. Dr. Labstein J. M. Ratliff, M.D. J. A. Vann, M.D. C. B. Trower, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. * Page 4 of 8 Norfolk. Virginia (continued! D. C. Pryor, M.D. E. A. Buchan, M.D. Dr. Kuehn Santa Fe Springs, California J. W. Raber, M.D. Raber Industrial Medical Group Morrow. Georgia N. Bateman, M.D. Stonv Point. New York Dr. Borsinger Dr. Natelson Dr. Zuka Nyack Hospital Sperrv. Iowa H. M. Patterson, D.O. J. F. Roules, M.D. Burlington Medical Center Wabash. Indiana F. Whistler, M.D. R. M. LaSalle, Jr., M.D. R. M. LaSalle, Sr., M.D. R. M. LaSallg, M.D. W. D. Boat, M.D. ` P. Ferguson, M.D. F. Smyrniotis, M.D. J. E. Haughn, M.D. . LaSalle Clinic Baltimore. Maryland C. c. Chiu, M.D. F. G. Mainolfi, M.D. Fort Medical Center North Kansas City. Missouri Industrial Clinic North Fairfax Industrial Medical Clinic New Orleans. Louisiana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Page 5 of 8 ' Southard. Oklahoma R. Richardson, M.D. R. Kirby, M.D. T. Perry, M.D. R. Tavlin, M.D. K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. B. D. Dotter, M.D. F. Crowe, M.D. D. Lagan, M.D. G. Worcester, M.D. Warren. Ohio R. Willoughby, M.D. Birmingham. Alabama Thuss Clinic W. G. Thuss, M.D. R. J. Sm.ith, M.D. Union City. Tennessee J. H. Ragsdale, M.D. R. E. Clendenin, M.D. ' R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones,^M.D. H. Butler, M.D. J. Cambell, M.D. Doctor's Cli-nic of Union City Alabaster. Michigan J. J. Austin, M.D. H. Brinkman, M.D. M. E. Field, M.D. J. R. Gehman, M.D. J. W. Grigg, M.D. M. Gueramy, M.D. H. R. Hess, O.D. J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A. Lambert, M.D. L. A. Laporte, M.D. O. W. Mitton, M.D. R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. * Page 6 of 8 Alabaster. Michigan (continued) J. M. Schuele, M.D. R. L. Sutton, M.D. Z. E. Taheri, M.D. W. Williams, M.D. Kearnv. New Jersey Plant closed J. Borino, M.D. J. Grund Fest, M.D. Boonton. New Jersey Acquired 1985 Camden. New Jersey Plant closed A. Marks, M.D. Occupation Health Services Trenton. New Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Paulsboro. New Jersey Acquired 11/30/87 Mew Brighton. New .York Plant closed H. Crane, M.D. F. Tellefsen, M.D. E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading. Mew Jersey Acquired 6/76 Fremont. California Acquired 1983 . Philadelphia. Pennsylvania Plant sold Convers. Georgia Acquired 12/10/80 Mansfield. Texas Acquired 8/81 ` Page 7 of 3 Spruce Pine Acquired 5/12/79 LaMirada. California Acquired 6/81 U.S. Gypsum has no information on medical personnel for the plants at Jersey City, NJ; St. Paul, MN; Midway, IL; South Plainfield, NJ; Midland, CA; Heath, MT; Loveland, CO; Milwaukee, WI; Nephi, UT; and Philadelphia, PA, which are now closed. In addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the plant at Red Wing, MN for years prior to 1985. U.S. Gypsum owned Red Wing in the r.id1960s prior to selling the plant to Conwed Corporation, and USG Acoustical Products, Company (now USG Interiors, Inc.) reacquired the facility in late 198*5. Page 8 of 3 The following represents this defendant's best current information: ORGANIZATION Gypsum Association DATES OF MEMBERSHIP HEALTH HAZARDS OF ASBESTOS DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL DOCUMENTS AVAILABLE TO UNITED STATES GYPSUM COMPANY 1930-present . Asbestos discussed at all of the following: Membership meetings: 10/27/71 - 10/28/71 E. W. Duffy, W. W. Holloway, A. J. Watt 4/5/72 - J. H. Crumbaugh, A. R. Rump, C. G. Gramor, A. J. Watt, M. L. Hepsher, W. W. Holloway 4/4/73 - J. S. Bush, W. W. Holloway, A. J. Watt, C. G. Gramor, J. D. May, J. J. McLaughlin 10/10/73 - 10/12/73 W. W. Holloway, aTj. Watt Minutes of meetings, bu these documents are not in this defendant's fil produced to this defend in litigation by Gypsum Association. This defendant does not know if such individual actually attended meeti: listed in documents pro to this defendant by Gy Association in other litigation. Also, some test results are in this defendant's files. ' Safety Committee Meetings: 9/20/66 - P. D. Fix, G. R. Krug 9/17/67 - C. P. Kipp 3/19/68 - 3/20/68 - G. R. Krug 10/25/71 - W. E. Halley, J. D. Cornell, J. M. Rochers 9/19/73 - J. D. Cornell 3/7/74 - J. D. Cornell, M. R. Helton 8/14/74 - J. D. Cornell Manufacturing & Mining Committee: 4/3/73 - W. W. Holloway, H. D. Gobrecht Page 1 of 6 ORGANIZATION Gypsum Association (cont.) Industrial Health Foundation (But not Industrial Hygiene Foundation) DATES OF' MEMBERSHIP HEALTH HAZARDS OF ASBESTOS DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL DOCUMENTS AVAILABLE TO UNITED STATES GYPSUM COMPANY Manufacturing & Mining Committee: 4/9/74 - W. W. Holloway 10/8/74 - W. W. Holloway, H. D. Gobrecht 8/10/76 - J. D. Cornell, K. E. Mohler, W. Lewis Technical Committee: 2/14/73 - 12/16/73 J. H. Crumbaugh 8/1/73 - 8/3/73 J. H. Crumbaugh, A. L. Hampton, R. L. Selbe 11/73 and 1/74 - unknown 2/13/74 - 2/15774 J. H. Crumbaugh 8/7/74 - 8/9/74 J. H. Crumbaugh, R. L. Selbe . Board of Directors: 1974-1981 (budget cut backs forced United States Gypsum Company to drop membership) 4/5/73, 10/12/73 A. J. Watt No business meetings Some "discussionals" Industrial Hygiene Diaes Monthly Abstracts 1/74 - 12/81 (JDC's) Asbestos was discussed at the following meetings: Annual Business Reports (JDC's) Introduction to Industrial Hygiene Asbestos Sampling Chemicals for Industrial Hygiene C. Roe 1978-1979 Toxicology Chemicals and Engineering S. H. Beming - 1/10/79 - 1/21/79 Page 2 of 6 ORGANIZATION Line Association ^National Insulation Manufacturers Association (Founded in 1958) (Now TIMA) Thermal Insulation Manufacturers Association National Insulation Contractors Association (Associate Member) National Safety Council National Mineral Wool Association DATES OF MEMBERSHIP HEALTH HAZARDS OF ASBESTOS DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL DOCUMENTS AVAILABLE TO UNITED STATES GYPSUM COMPANY Industrial Hygiene Techniques Update, Advanced Industrial Hygiene S. H. Beming - 11/12/79 - 11/14/79 Seminar Regarding Industrial Health J. D. Cornell - 6/8/75 - 6/9/75 Other personnel involved: J. D. Cornell, S. H. Beming, K. S. Freeman, C. Roe . exact date unknown unknown none 1973-1974 unknown 1974-present none Minutes produced in oth litigation (Win. Simpson deposition) (1958-7) Some mass correspondenct letters regarding commi: J. D. Cornell was on health and safety, publ: information, medical anc scientific dated 1978 tc present. unknown (perhaps 1972-present?) none . NICA by Laws dated 1975; NICA's 1981 Annual Repor 1914-present none 19437-1957 mid-1960's mid-1970*s none Transactions from 1912-1 records of all presentat and papers produced at Phillip E. Schmidt, depo and document production April 17, 1984, in Neil none Page 3 of 6 ORGANIZATION DATES OF MEMBERSHIP `Contracting Plaster and Lathers International (Associate Member) 1960-1969 `International Association Wall and Ceiling Contractors (Associate Member) 1970-1976 `Gypsum Drywall Contractors International (Associate. Member) 1960-1976 unknown `Association of Wall and Ceiling Contractors Industries International Gypsum Drywall Contractors International (Associate Member) 1976-1979 `Association of Wall and Ceiling Contractors Industries International 1980-present American Society of Safety Engineers exact dates unknown American Industrial Hygienists Association exact dates unknown HEALTH HAZARDS OF ASBESTOS DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL none none none none none unknown unknown Page 4 of 6 DOCUMENTS AVAILABLE TO UNITED STATES GYPSUM COMPANY Some documents in M. V. Cook's and J. Edwards' Some documents in M. V. Cook's and J. Edwards' Some documents in M. V. Cook's and J. Edwards' Some documents in M. V. Cook's and J. Edwards' none none ORGANIZATION DATES OF MEMBERSHIP Employing Plasterers Association (Associate Member) present Metal Lath Association 1950's-1964 Pulp and Paper Institute 1950's-1964 Hardboard Association 1950's-1964 Health and Safety Council of Asbestos Cement Products Association 19677-1971? Asbestos Information Association of North America Unknown if a member. not a member National Bureau of Standards not a member American Standards Association (never a member; served on committees) became ANSI 1969 similar to ASTM (sustaining member) unknown; involvement at least 15 years ago HEALTH HAZARDS OF ASBESTOS DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL unknown unknown unknown unknown G. R. Krug - 11/19/68 C. P. Kipp (deceased) or L. A. Tobey (deceased) 2/17/70; 2/18/70; 3/19/70; 5/19/70; 11/19/70 none r- 1978 - J. D. Cornell, K. S. Freeman (retired) Rockville, MD, jointly sponsored by NBS and NIOSH re: Asbestos and Health unknown DOCUMENTS AVAILABLE TO UNITED STATES GYPSUM COMPANY none none none none November 21, 1968 memo Krug to Kipp re: meeti and various minutes fro: other meetings. none none Page 5 of 6 0 Thisi defendant is primarily insured by the following: Dates of Cover3oe prior to 4/1/42 4/1/42 -- 4/1/43 4/1/43 -- 4/10/49 4/10/49 3/10/52 3/10/52 3/10/55 3/10/55 4/1/58 4/1/58 -- 4/1/61 4/1/61 -- 4/1/62 4/1/62 -- 2/1/63 2/1/63 -- 2/1/64 2/1/64 - 2/1/65 2/1/65 - 2/1/66 2/1/66 - 2/1/67 2/1/67 - .2/1/68 2/1/68 - 2/1/69 2/1/69 - 2/1/70 2/1/70 - 4/1/71 4/1/71 - 2/1/72 2/1/72 - 2/1/73 2/1/73 - 2/1/74 2/1/74 - 2/1/75 2/1/75 - 7/1/75 7/1/75 - 7/30/79 8/1/79 - 7/31/82 8/1/82 -- present Carrier Policy Number unknown unknown The Hartford unknown Liberty 1Mutual unknown Lloyd's of London unknown Lloyd1s of London C36693 Lloyd 1s of London 642295 Lloyd 1 s of London RS907609 American Motorists 1 YM 1147000 American Motorists unknown American Mutual BLPL 952989-12-OD American Mutual BLPL 952989-12-ID American Mutua1 BLPL 952989-12-2D American Mutual BLPL 952989-12-3D American Mutual BLPL 952989-12-4D American Mutual BLPL 952989-12-5D American Mutual BLPL 952989-12-6D American Mutual BLPL 952989-12-7D Kemper 1ZM127-724 Kemper 2ZM127-724 Kemper 3ZM127-724 Kemper 4ZM127-724 Kemper 5ZM127-724 The Travelers TR-NSL-13 5T060-1- CNA r- 005 30 96 37 Primary self insurance rentention admini stered by Gallagher Bassett Insurance Service ' The amount of coverage, if applicable, is sufficient to cover the instant claims. General questions concerning apportionment of claims and application of deductibles are presently before the courts and unresolved. ORGANIZATION Asbestos Textile Institute SOEH/IOEH DATES OF MEMBERSHIP never a member never a member HEALTH HAZARDS OF ASBESTOS DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL none DOCUMENTS AVAILABLE TO UNITED STATES GYPSUM COMPANY _____ "Occupational Exposures to Fibrous and Particulate Dust and Their Extentions into the Environment" 12/5/77 - 12/7/77 J. D. Cornell (others?) none Membership information pertaining to these organizations is not available in this defendant's files. United States Gypsum Company does not and has not belonged to: Quebec Asbestos Mining Association - QAMA Asbestos Research Council of England Public Health Bulletin Service Plastering and Lath Association Chicago Plastering Institute Perlite Institute . ' Page 6 of 6 :>:hibi c 9 UNITED STATES GYPSUM COMPANY EMPLOYEES OR FORMER EMPLOYEES DEPOSED IN ASBESTOS PERSONAL-INJURY LAWSUITS DEPONENT: E. C. Beuthin. former employee Dykes vs. U. S. Gypsum Company, et al. - U.S.D.C. Eastern District of Tennessee. Northern Division, 3-82-618. filed 10/28/82. dismissed 4/7/83. refiled 6/22/83. settled 1/21/84 - Deposed in Atlanta. GA. on 3/25/83. Niewiadomski vs. U. S. Gypsum Company, et al. U.S.D.C. Western District of Wisconsin. 85C-462-C, filed 5/24/85 - Deposed in Las Vegas. NV. on 8/21/85. DEPONENT: W. Botchers, former employee Thomas vs. Carev-Canadian. et al. - U.S.D.C. Eastern District of Pennsylvania. 79-2931, filed 7/17/79 - Deposed in Philadelphia. PA. on 1/29/81. DEPONENT: II. J. Bowman. Manager. Quality Assurance. U. S. Gypsum Company Hawkins vs. Celotex. et al. - Court of Commom Pleas. Franklin County. Ohio. 83CV-08-4598. filed 8/8/83 - Deposed in Chicago. IL, on 8/7/85. Anita P. Strawn vs. Fibreboard Coro., et al. U.S.D.C. Western District of Washington. C85-539-TB. Deposed in Seattle. WA on 3/26/87. Lila Grossman Smallowitz vs. United States Gypsum Company, et al.. U.S.D.C. Southern District of New York. 84 Civ 2638 (LBS) - Deposed in Chicago. Illinois on 4/22/87. John & Josephine landorio vs. Thomas Construction, et a 1.. Superior Court of New Jersey. Passaic County. Docket No. L-677S5-84 - Deposed in Newark. New Jersey on 11/12/87. Maurice fi. Theresa J. McGoldcick vs. Armstrong World Industries. Inc., et al.. Superior Court of New Jersey, Middlesex County. Docket No. L-89106-85E - Deposed in Newark. New Jersey on January 26. 1988. DEPONENT: DEPONENT: DEPONENT: DEPONENT: DEPONENT: DEPONENT: M. V. Cook. Group Product Manager. Product Management . Kennel! vs. Pfizer. Inc., et al. and Blouqh vs. Pfizer. Inc.. et al. - U.S.D.C. Western District of Pennsylvania. 84-0208 and 84-0209. filed 2/14/84 - Deposed in Chicago. IL. on 11/12/84. J. D. Cornell. Manager. Corporate Occupational Health & Safety Smith vs. W. R. Grace, et al. - Minnesota State District Court. 4th Judicial District. Hennepin County. 776308. filed 2/26/81 - Deposed in Chicago. IL. on 2/22/82 and 8/25/82. R. P. Faust. Vice President. Marketing Services Bowman vs. Pfizer, et al. - U.S.D.C. Southern District of Ohio.- Eastern Division. 3-82-618. filed 12/17/81 - Deposed in Chicago. IL. on 3/15/84. K. S. Freeman, retired Manager. Consumer Product Safety Smith vs. W. R. Grace, et al. - Minnesota State District Court. 4th Judicial District. Hennepin County. 776308, filed 2/26/81 - Deposed in Chicago. IL. on 8/27/82. T. Hardy. Salesmen Kennell vs. Pfizer. Inc., et al. and Blouqh vs. Pfizer. Inc.. et al. - U.S.D.C. Western District of Pennsylvania. 84-0208 and 84-0209. filed 2/14/84 - Deposed in Cleveland. OH. on 11/7/84. C. A. Hedblora. M.D.. Medical Director Kennell vs. Pfizer. Inc., et al. and Blouqh vs. Pfizer, Inc., et al. - U.S.D.C. Western District of Pennsylvania. 84-0208 and 84-0209. filed 2/14/84 - Deposed in Chicago. IL. on 11/13/84. DEPONENT: J . F. Hernan. Manager. Corporate Quality Assurance Smith vs. W, R. Grace, et al. - Minnesota State District Court. 4th Judicial District. Hennepin County. 776308, filed 2/26/81 - Deposed in Chicago. IL. on 8/26/82. Whiahtsel vs. Pfizer, et al. - U.S.D.C Southern District of Ohio. Eastern Division. 2-83-0125. filed 1/14/83 - Deposed in Chicago. IL. on 6/22/83. Kennell vs. Pfizer. Inc., et al. and Blouoh vs. Pfizer. Inc.. et a 1. - U.S.D.C. Western District of Pennsylvania. 84-0208 and 84-0209. filed 2/14/84 - Deposed in Chicago. IL. on 11/12/84. DEPONENT: C. M. Howard. Product Manager. Joint Treatment' Textures. Product Management Kennell vs. Pfizer. Inc., et al. and Blouah vs. Pfizer. Inc.. et a 1. - U.S.D.C. Western District of Pennsylvania. 84-0208 and 84-0209, filed 2/14/84 - Deposed in Chicago. IL. on 11/13/84. DEPONENT: G. R. Krug, former employee Dykes vs. U. S. Gypsum Company, et al. - U.S.D.C. Eastern District of Tennessee. Northern Division. 3-82-618. filed 10/28/82. dismissed 4/7/83. refiled 6/22/83, settled 1/21/84 - Deposed in Atlanta. GA. on 3/25/83. DEPONENT: E. W. Lucke. Director. Corporate Technical Services Dykes vs. U. S. Gypsum Company, et al. - U.S.D.C. Eastern District of Tennessee. Northern Division. 3-82-618. filed 10/28/82. dismissed 4/7/83, refiled 6/22/83, settled 1/21/84 - Deposed in Atlanta. GA. on 4/6/83. DEPONENT: R. G. Waite. Manager. Marketing - Acoustical. Acoustical and Mineral Fiber Division Bowman vs. Pfizer, et al. - U.S.D.C. Southern District of Ohio. Eastern Division. C-2-81-1492; filed 12/17/81 - Deposed in Chicago. IL. on 3/16/84. All deponents may be reached through the Legal Department. U. S. Gypsum Company, 101 South Wacker Drive. Chicago. IL. 60606-4385 2/1/88 M IOWA Name 1. D. Alseth 2. J. Althoff 3. J. Artzer ' 4. D. Balleau 5. K. H. Batman 6 . J. Beha 7. D. l. Berning 8. T. Burke 9. H. L. Cooper 10. R. E. Currier 11. R. Dahl 12. J. DeNata1le 13. R. Dunn 14. c 4 B. Erwine IS. D. Gilchrist 16 . W. Grey 17. R. Griffith 18. H. C. Ihde 19. L. Jurgens 20. M. Justmann 21. C. Knutzen 22. J. Kur th 23. T o L. Mackin 24. C . May Approximate Employment Dates 1952-1967 1954-1960*s 1970's 1960-1972 1941-1947 1931-1944 1960's 1963-1965 1930-1938 1973-1975 ' 1960-1965 <- late 1940's-early 1950's 1940's 1940-1945 1960 ' s 1960 ' s 1950-1952 1939-1942 1972-1976 1960-1963 1960's 1960's 1931-1944 1934-1944 25. M. McCrackin 26. V. M. McLaughl 27. S. MeVieker 28. D. Menard 29. W. R. Miller 30. B. Muelboeck 31. D. Munro 32. J. S. Nicholas 33. R. J. Olsen 34. L. Paulson 35. B. Petche1 36 . M. Seaton 37. C. E. Schulte 38. w. Somerville 39. p. Stark 40 . R. Teitz 41. D. Van Metre 42. J. Wes terdale 43. J. Zmuda 1951-1957 1950-1969 early 1950's 1972 1937-1946 1954-1957 late 1960's-1970's 1936-1941 1929-1945 1950's-1960 ' s raid 1950's 1956-1987 1956-1958 early 1960's 1950's-1986 1960's-1970's late 1940's-1950's 1949-t ate 1960's 1962-1987 ILLINOIS Name 1. J. Aherns 2. H. A1 len 3. J. Allen 4 . J. Bishof f S. S. Blackwood 6 . R. Burling 7 . J. Carraody 8. S. Cowman 9 . c. Custer 10. R. Dolmctsh 11. E. Darcy 12. M. Dirnane 13. W. Dooley 14.. D. Dreas 15. D. R. Duvall 16. T. Egan 17. T. Eckland 18. W. Edwards 19. G. Fink 20. T. Garnett 21. G. Gforer 22. R. Hammond 23. J. Hermanek 24. W. Horton Approximate Employment Dates Mid 1960's Late 1950 's-1967 1963-1969 1970's 1973 1960 ' s 1965-1970 1971-1987 Late 1960's-1972 1965-1967 1950's-1965 /- Early 1970's 1960' s Early 1960's-1972 1974 1963 Late 1950's-Mid 1960 1940's-1970 Early 1970's 1970 ' s I960's 1930's-1968 1974 1950's-Early 1980's 25. L. Jacobson 26. J. Jaeger 27. E. Kaut'e ldt 28. R. Keefer 29. W. Kidd 30. G. Lewis 31. J. Li sky 32. J. Lu 1 lo 33. L. Masterson 34 . W. McGuire 35. J. R. McIntyre 36. J. McMulLin 37. J. Moore 38 . M. Moyer 39. C. Mue1ler 40. D. Munro <- 41 . W. Murphy 42 . M. Murphy 43. W. Nelson 44 . D. Newquist 45. W. O'Connor 46. R. F. O'Malley 47. C. Parker 48. J. Parsons 49 . D. Pearson 50. P. Pearson 51. D. Pence 1960-1965 1969 1964-1970 1955-1963 1962 and 1965 1971-1973 1960' s Mid 1960's-Early 1970's 1963-1970's Late 1950's-1960's Early 1970's Late 1950's-Early 1960's 1960 1960-1965 1965-1971 1970 ' s 1962-1973 Early 1970's 1963-1971 1961-1986 1960-1965 Early 1960's-1975 Mid 1960's-Early 1970's 1965-1970 1960-1965 1963 1963-1970 4577B 52. A. M. Personious 53. J. Peterson 54. D. Powers 55 . T. Rafats 56 . A. Ramsey 57. IV. G. Roche 58. R. Roll 59. R. Sanders 60. M. Seaton 61. IV. She 1 ton 62. '.V. Smith 63. IV. Smith 64 . R. Spitzig 6 5. J. Starick 66 . R. Ster1ing 67. L. Stieghorst 68 . IV. Stout 69. D. Summers 70. D. Taiga 71. J. Thayer 72. F. Walker 73. W. Wallace 74 . A. Wi11iaras 75. J. B. Williams 76. L. Zimmerman 77 . J. Zmuda Early 1960's Early 1970's Late 1950's-1962 1970's 1960's 1950's-1970's 1972-1975 1952-1982 1.962-1965 Late 1950's-1963 1960's-1970 1930's-1960 ' s 1965-1987 1960's 1930's-Late 1960's 1960' s 1960 ' s 1961-1962 1964-1970 1969-present 1960 ' s Late 1960's 1950's-1970's 1960-1964 I960'3-1970's 1970's Ixhib KANSAS and MISSOURI Name Date J. Adams 1954-1961 H. Alberg 1969-1975 - W. Blew 1961-1971 T. Boucher 1949-early 1960's J. Egle . 1958-1962 R. Fay 1954-1963 6. Hamel 1965-1975 D. Henrichs 1972-present J. Jaeger 1959-1960 1964 W. Long 1959-1969 J. Long I940's-1968 G. Maricic 1950's-1980 F. Markham early 1960's-1978 G. Mendels 1976-1978 D. Meyer 1955-1969 J. Phillips 1957-1961 W. Reed 1945-1987 C. Schulte 1961-1987 R. Smith 1960-1962 1964-1966 4155B Exhibit 1 LOUISIANA Name J. Beleto B. Belou S. Brigulio D. Butcher E. Carr B. Conley M. Dickey R. Dorey T. Egan R. Graves L. Green Guerin J. Harrell L. Hicks D. Higman C. Howard S. Huff K. LeBlanc B. Marshall J. Marshall M. Olivier N. Pallister J. Peterson Date 1960's 1950's-60's Late 1960's-1974 1960's 1967-71 1967-Mid 70's 1957-58 1960's 1956-58 1960's 1975-present Late 1960's 1950*s.-1960's 1967-71 1972-present 1951-63 Late 50's-60's Mid 1960's-1970's Late 1960's 1967-69 1960-68 1956-60 1930's-Mid-1960's -- Prcjean p. Rcsor c. Rooney H. Sanford W. Schlesinger J. Smith c. Stevens E. Turner B. Walker G. Williams 1967-68 1956-73 Late 1960's Late 1950's-60's 1960's 1965-70 1940*s-60's 1950's-60's Late 1960's 1956-Early 60's 4979C 2 - * " * Q > MARYLAND Exhibit 14 Name Dates C. Bell T. Cahill 1946-1948 1966-1971 A. Capone 1967-1970 1976-1979 T. Cerna 1960's-1970' (Deceased) T. Cowdrick 1949-1950 C. Demining 1962-1964 J. Devin Early 1950's C. F. Dougherty 1976-1978 J. Eckert 1940's-1950' (Deceased) A. Falvo 1968-1970 J. Gettman 1970's D. Hamilton 1963-1967 J. Hamilton 1959-1969 J. Hogarath 1970-1975 R. Joynes 1961-1964 J. Kelly 1958-1966 J. Kelly 1972-1976 B. Lentz 1963-1973 R. Lindegard 1960-1964 D. Martin 1959-1965 R. Moririty 1956-1960 G. Murphy 1964-1967 R. Osbourne 1960-1967 J. Palmer I960's W. Plogman 1975-1978 D. Rains 1950's 4 4 A. Sheffer 1948 P. Simmons 1955-1959 G. Stanton 1963-1967 S. Sword 1959-1967 B. White 1947 4155B 05/25/89 4/ Exhibit 15 NORTH DAKOTA Name Date W. Alseth 1948-1950 E. Berg 1948-1950 J. Christiensen early 1970's R. Dahl pre-1959 H. Deadman 1938-1942 H. Dower 1946-1969 J. Ehrmantraut 1967-1969 W. England 1934-1937 M. Gaffney pre-1959 J. Gardner 1953-1957 J. Kinnard 1965-1979 R. Larson 1956-1957 W. Larson 1972-1975 J. Mackin 1930-1944 J. Malm 1958-present V. McLaughlin 1932-1934 1942-1969 A. Meyer late 1960's R. Nolan 1957-1962 H. Nordby 1945-1949 E. 0'Brian 1945-1948 R. Olsen 1929-1945 R. Peters 1952-1967 H. Petschel 1956-1957 J. Ranaley 1957-1962 J. C. Robinson 1959-1980 K. Schmidt 1931-1936 P. Shoemaker 1937-1939 ^T P. Splittorff C. Sprangers J. Wargler J. Westgard F. Williams, Jr. 1952-1957 1947 1966-1967 pre-1959 1951-1952 4155B