Document ykEVaNLX0MXo1zrEddMxgq1XD
FILE NAME: US Gypsum (USG) DATE: 1984 USG012 DOC#: USG012 DOCUMENT DESCRIPTION: Legal - Partial Transcript of Motion Proceedings
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UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
JAN 2 0 1584
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. GREENVILLE DIVISION
3 SREENVILLE COUNTY SCHOOL DISTRICT, )
JOHN W. WILLIAMS. CLERK
U DISTRICT COURT.
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PLAINTIFF,
) CIVIL ACTION NO. 82-31A2r 14
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VS.
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6 J. S. GYPSUM CO., ET AL.,
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DEFENDANTS.
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) UNITED STATES COURTHOUSE ) COLUMBIA, SOUTH CAROLINA ) MONDAY, JANUARY 9, 198+
) 2:15 P.M. - 2:^0 P.M.
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9 SPARTANBURG COUNTY SCHOOL DIST.
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SEVEN,
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PLAINTIFF, 11
VS.
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NATIONAL GYPSUf^CO., ET AL., 13
) CIVIL ACTION NO. 8 3 - m A l L
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DEFENDANTS.
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PARTIAL TRANSCRIPT OF MOTION PROCEEDINGS
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HAD BEFORE HONORABLE WILLIAM W. WILKINS, DISTRICT J'ODGE
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18 TRANSCRIPT ORDERED BY: 19 APPEARANCES:
PATRICK MICHAEL DUFFY, ESQ.
20 FOR THE PLAINTIFFS
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FOR THE DEFENDANTS
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UNITED STATES GYPSUM CO.
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DANIEL A. SPEIGHTS, ESQ. ANN KIMMEL, ESQ. 30L LEE AVENUE HAMPTON, SOUTH CAROLINA
ROBINSON, MCFADDEN, MOORE, POPE, WILLIAMS, TAYLOR BRAILSFORD BY: WILLIAM L. POPE, ESQ.
FRANK R. ELLERBE, III, ESQ.
.r=y2- PtP. IX HO.~' / / , _
PHILLIP W. LOTER
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GFFICIAL REPORTER TAB
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(PROCEEDINGS RESUMED AT 2:15 P.M.)
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/THE COURT: WELL/ I HAVE CONSIDERED THESE THINGS.
3 I PLACE ALL THE PARTIES ON NOTICE THAT THIS ORDER IS BEING
4 ISSUED WITH THE COURT'S FULL UNDERSTANDING AND INTENTION TO
S *PPLY RULE 37CB)(2)(C) TO ANY OFFENDING PARTY OF THIS ORDER,
6 rfHICH WILL INCLUDE THE COURT ENTERING A DEFAULT JUDGMENT OR
7 DISMISSING THE ACTION AGAINST THE OFFENDING PARTY.
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THERE MUST BE A TIME WHERE THESE MATTERS ARE LAID TO REST
9 AND YOU GET ON TO NEW BUSINESS AND THE BUSINESS OF RESOLVING
10 THIS CONTROVERSY.
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ALL THE DEFENDANTS SHALL ANSWER WITHIN 30 DAYS. I MIGHT
12 ADD THAT THE COURT IS GOING TO REVIEW THE RESPONDING ANSWERS
13 WITH ITS INTERPRETATION OF GOOD FAITH, REASONABLE EFFORT TO
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14 COMPLY, AND WILL NOT DEAL NOR ALLOW JUSTIFICATION TO BE BASED I
15 ON SEMANTICS.
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ALL DEFENDANTS SHALL ANSWER THIS INTERROGATORY THAT THE j
I 17 COURT. PROPOUNDS, WHICH IS PERHAPS A COMBINATION OF NUMBERS THAT
lb HAVE-ALREADY BEEN PROPOUNDED. THE DATE THAT THE COMPANY OR
1? ITS OFFICERS OR ITS AGENTS OR ITS EMPLOYEES, TO THE BEST OF
:o THAT COMPANY'S ABILITY, MUST STATE THE DATE THAT THESE
21 INDIVIDUALS RECEIVED INFORMATION, WRITTEN OR ORAL, FIRST BECAME
AWARE OF, FIRST BECAME SUSPICIOUS OF THE FACT THAT ASBESTOS ! 1
MAY BE A HARMFUL SUBSTANCE, AND ALL SIMILAR^ INFORMAT ION SINCE
THAT FIRST DATE.
THIS INCLUDES INFORMATION ACQUIRED INDIVIDUALLY BY THE
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1 COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, AND INFORMATION THAT
2 iAS GENERALLY KNOWN IN THE INDUSTRY. AND IT ALSO INCLUDES ANY
3 rACTS, ANY DATA, ANY REPORTS, ANY OPINIONS WHICH TEND TO SUPPORT
4 rHE BELIEF THAT ASBESTOS IS A HARMFUL PRODUCT TO H E A L T H . J
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FURTHER, THE DEFENDANTS SHALL ANSWER WITHIN 30 DAYS
6 ORTIONS OF THE SUGGESTED INTERROGATORY SUBMITTED BY THE
7 LAINTIFF, WHICH I WILL FILE THE ORIGINAL WITH THE COURT AND
8 [T WILL BE MAINTAINED AS A RECORD OF THIS COURT. COPIES SHALL
9 JE MADE AVAILABLE TO THE DEFENDANTS' ATTORNEYS. AND THIS
10 INTERROGATORY ON THIS PAGE, I HAVE STRUCK THROUGH THOSE ITEMS
11 M I C H IT IS NOT A REQUIREMENT TO THIS ORDER TO BE ANSWERED.
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ALL OF THESE QUESTIONS AND ITS SUB TYPE SHALL BE ANSWERED
13 EXCEPT QUESTION OR SECTION NUMBER 'M 1, NUMBER 'N', NUMBER 'O',
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14 THE PORTION OF SECTION *Q' WHICH STATES "THE BRAND NAME OF THE
IS REPLACEMENT PRODUCT"; SECTION 'R' AND SECTION 'S'.
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IN EFFECT, WHAT THIS DOES, BECAUSE OF THIS GREAT FEAR THAT
17 THE .BRAND NAME NOT BE DISCLOSED, ALTHOUGH SOME NAMES HAVE
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18 ALREADY BEEN DISCLOSED, I STILL BELIEVE AND DO BELIEVE THAT
19 THE PLAINTIFF, IF THESE QUESTIONS ARE ANSWERED, WILL HAVE THE
20 INFORMATION NECESSARY TO INVESTIGATE THE RESPONSE TO THE F I RS T' :
21 INTERROGATORY THAT I HAVE DICTATED INTO THE RECORD.
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THE QUESTION, SECTION 'A', DEALS WITH THE TYPE OF PRODUCT]
23 AND IF IT IS ACOUSTICAL PLASTER, ACOUSTICAL PLASTER SHOULD \ i
24 BE LISTED. THE DATE THAT THIS PARTICULAR ACOUSTICAL PLASTER
25 WAS PRODUCED. THE LAST DATE IT WAS PRODUCED. SO FORTH. THE