Document yrqMX3DbZVk15MO4z56EVdYV6

RECBVEO MJS t 3 89 1 HOWARD L. CHURCHILL, ESQ. KATHLEEN S. FARLEY, ESQ. 2 BURNKILL, KOREHOUSE, BURFORD, SCHOFIELD & SCHILLER, INC. 3 1220 Oakland Boulevard, Suite 200 Post Office Box 5168 4 Walnut Creek, California 94596 (415) 937-4950 5 Attorneys for Defendant 6 KELLY-MOORE PAIN? COMPANY, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SOLANO 10 n IN RE SOLANO COUNTY COMPLEX ASBESTOS LITIGATION 12 y 13 u NO. 2830 DEFENDANT KELLY-MOORES ANSWERS TO PLAINTIFFS' STANDARD SET OF INTERROGATORIES 15 16 PROPOUNDING PARTY: Plaintiffs 17 RESPONDING PARTY: Defendant KELLY-MOORE PAINT COMPANY, INC. 18 SET NO.: ONE 19 20 TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 21 22 Defendant KELLY-MOORE PAINT COMPANY, INC. responds to 23 Plaintiffs' First Set of interrogatories to Defendant as follows: 24 /// 25 /// 26 27 28 .U.'Sf vr-: i S.4 /// /// /// PLAINTIFFS EXHIBIT WV-12126 PLAINTIFF'S EXHIBIT -qq n> WV-12126 t 7 ! GEOGRAPHIC LIMITATIO?*. Unless otherwise specifically set i 3. forth, the geographic scope of these interrogatories is NORTHERN 4 ; CALIFORNIA. TIMSLIMITATION. Unless otherwise specifically set forth, the time frame of these interrogatories is 1930 to the present. "THIS . DEFENDANT" (THIS DEFENDANT'S) shall mean the named defendant herein, all of its predecessors in interest, and all of its successors in interest. "YOU* and "YOUR" refer to the defendant who is named above as the responding party. 12 "ASBESTOS-CONTAINING PRODUCT(S)" shall mean any product(s) 13 of THIS DEFENDANT which THIS DEFENDANT knows or believes u ; contain(s) the mineral asbestos. "RAH ASBESTOS FIBER" means asbestos fiber mined or milled, either packaged or in bulk, not compounded with other substances 17 and essentially pure with the exception of naturally occurring 16 . trace amounts of other substances. < 19 i( "MARKET" {MARKETing, MARKETed) shall mean the mining, ji 20 i; supply., sale, labeling, distribution, importing, processing or 21 ! manufacture of raw asbestos products. fiber and/or asbestos-containing 23 1, A request to describe the "NATURE" of ASBESTOS-CONTAINING 2* I PRODUCT(S) shall mean to describe the: (a) color, (b) texture, i| 25 j| (c) form fl.e,. powder, liquid, paste, solid, board, cloth, .< 76 blanket, wire insulation, etc.), and (d) physical dimensions 27 r (length, width, height, volume and weight). 26 ->vSi S* /// 2 "DOCUMENT(S)" or "WRITING (S) " shall include all writings as 2 defined by Section 250 of the California Evidence Code, A request J 3 ji to "IDENTIFY" a "DOCUMENT" or "WRITING" shall wean a request to 4 ; state; i' (a) the author? (b) the addressee? (c) date of 5 I (d) the nature of the writing or document (e.a.. origin; letter, 6 I telephone memorandum, audio tape recording, photograph, etc.); 7 I and (e) its present location and name and present address of 8 ! custodian thereof. : 9 ; A request to state the "IDENTITY" of a person or individual 10 means to state his or her name, the place of employment, job |11 title, present business or present or last known home address, 12 I and present business telephone number. "NORTHERN CALIFORNIA" shall encompass the following forty- U six (46) counties: Alameda, Alpine, Amador, Butte, Calaveras, 15 i: Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, 16 Humboldt, Kern, Kings, Lake, Lassen, Marin, Mariposa, Mendocino, 17 : Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, la . Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, 19 j Santa Cruz, Shasta, sierra, Siskiyou, Solano, Sonoma, Stanislaus, 30 j Sutter* Tehama* Trinity, Tulare, Tuolumne., Yolo and Yuba. i> 21 j A "CONTRACT UNIT(S)" shall mean a department, division, 2? :! subdivision, branch, or group which has been or is now engaged in 23i: installation and/or removal of RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S). "COMPANY" means any profit-making private enterprise, 2b ; including corporations, partnerships, joint ventures, I' 27 r proprietorships. and sole 28 /// i * I 3 1 I 2 ! The following objections are raised as to each and every" 3 Interrogatory propounded in this set: 1. Defendant KELLY-MOORE objects on the grounds these 4 5 Interrogatories are overly broad as to time and scope, are 6 burdensome, and are not reasonably calculated to lead to 7 discovery of admissible evidence, as the interrogatories seek 8 information that covers a time period of 60 years and request 9 Defendant to assimilate documents and information that may or may 10 i not have been retained over such a period of time. 11 2. Defendant KELLY-MOORE objects to the extent these 12 Interrogatories may have been previously answered under oath in San Francisco and Solano counties and as such these 13 14 Interrogatories are burdensome, oppressive, irrelevant and 15 repetitious. 16 j 3. Defendant KELLY-MOORE also objects to these ; 17 Interrogatories to the extent they call for information protected by the attorney-client privilege or the attorney work-product 19 : | doctrine. 20 j 4. Furthermore, Defendant KELLY-MOORE does not waive any 21 I objections it has now or may have in the future concerning the si 22 j Order of the Court allowing Plaintiffs to serve these 23 ! Interrogatories in Solano County. By answering this set of 2<* " Interrogatories, Defendant KELLY-MOORE does not waive any of ji 25 !' rights or remedies. its 26 /// 27 /// 28 /// i i 1 !< | ; 4 I MSHSBS JP. XNTSRSOGATOR1J8 Defendant KELLY-MOORE PAINT COMFANY, INC. responds to 3 6 Plaintiffs' Standard Set of interrogatories as follows: 5 6 INTERROGATORY .MO. 1: 7 With respect to the individual verifying these answers on 8 your behalf, state the following: 9 a. their name? b. their present business address? c. their present job title? 13 | d. their date of first employment with you, and the dates |12 i| and titles ot each yob position they have held while they were U | employed by you. . 1$ I Without waiving its general objections, .Defendant KELLY- MOORE responds as follows: a. John Bacigalupo? Douglas Wayne Merrill. 13 13 b. John Bacigalupo: 387 commercial Street, San Carlos, CA 54070.; Douglas Merrill: 987 Commercial Street, San Carlos, CA 20 94070. 21 c. John Bacigalupo, Secretary-Treasurer; Douglas Merrill. n jj 23 ] Vice President of Manufacturing. /// /// 26 I; /// /// }) n i! /// 5 1 <3. John Bacigalupo: April 1969 to January 1972 2 i: Accountant; January 1972 to January 1976 - Controller and Assistant General Manager; January 197$ to April 1978 Accounting Manager for West Coast Rocky Mountain Division; April 5 1978 to March 1980 - Vice President of Accounting; March 1980 to 6 Present - Vice President of Accounting and Secretary-Treasurer. 7 D.ouglas Merrill? July 1968 to October 1968 - Quality 3 Control Chemist? October 1968 to December 19Q1 - Research and 9 Production Manager - Paco Division; December 1981 to March 1983 10 Assistant to Vice President, Manufacturing; March 1983 to April U 1989 - Plant Manager; April 1989 to Present - vice President of 12 jl Manufacturing. 13 j1 INTERROGATORY NO. 2, X u l: :i 15 !lllli State whether YOU are a corporation. 16 j; a. YOUR full corporate name; If so, state: :! b. the state of incorporation? v\i \ c. the date of incorporation? 19 I d. the address of YOUR principal place of business; 30 e- if YOU are wholly-owned or if more than five (5) percent 21 | of the ownership interest of YOUR COMPANY is owned by another 1 22 i business entity, state that entity's name and principal place of 23 | business. 24 1 ANSWER: li 25 S Without waiving its general objections, < 26 a MOORE responds as follows:. Defendant KELLY 27 || a. Kelly-Moore Paint Company, Inc. 28 b. California. 66 c. December 4, 1952; d. 987 Commercial Street. San Carlos, CA 94070. e. Not Applicable. &: 3: 6 ! Has THIS DEFENDANT ever been identified, known, or done 7 ! business under any other name? If so, please state such name or 8 !j names and the time period during which THIS DEFENDANT was so known or identified. io ; ANSWER; u ^ii Without waiving its general objections, 12 ! MOORE responds as follows: NO. Defendant KELLY- j5 i INTERROGATORYNO*4: I; P State whether YOU have ever been registered or qualified to j! 17 r do business in the State of California. If so, state the date 18 YOU became qualified to conduct business in the State of 19 ;j California. 21 | Without waiving its general objections, Defendant KELLY- 22 MOORE responds as follows; 23 | Yes; December 4, 1952; however, Defendant KELLY-MOORE PAINT 24 | COMPANY, INC. was a general partnership from April 1, 1946 until 25 | the date of incorporation. 26 i. ev*!-.. "2*1 au"rac s 4 S'- i 27 \ SI /// /// 7 .m*-A: Does THIS DEFENDANT currently have, or has THIS DEFENDANT had a department, division, subdivision, branch or group responsible for the design, development, manufacture, testing and use of ASBESTOS-CONTAINING PRODUCT{S). If so, state: a* the name of each present or former corporate department, division, subdivision, branch or group; b. the IDENTITY of the person most knowledgeable about such department, division, subdivision, branch or group. ANSWER: without waiving its general objections, Defendant KELLY- MOORE responds as follows: a. Paco Textures Division. b. Douglas Wayne Merrill. NQ.,..._6 Has THIS DEFENDANT engaged in the MARKETing of ASBESTOSCONTAINING PRODUCT(S) comprised in whole or in part of amosite asbestos fiber; if so, please state? a. the trade, brand name and/or generic name of each type of product; b. the date(s) THIS DEFENDANT first KARKETed each type of product ? c. the date(si THIS DEFENDANT ceased MARKETing each type of product? d. a general description of the chemical composition of each type of product, including: /// 1 r (i) the type(s) and/or grade(s) of RAW ASBESTOS 2 ' FIBER contained in each type of product; 3 {ii) the quantitative percentage of the type(s) of 4 l! RAH ASBESTOS FIBER in each type of product? ;i 5 ! (iii> any change<s> in the quantitative percentages of i 6 i the type(s) of RAW ASBESTOS FIBER in each type of product; 7 \ e. the NATURE of each type of product; i 3 1 f. a description of any wording, markings and/or logo on 9 each type of product; JO g. the recommended usefs) of each type of product, n including temperature limits; 12 p h. the name{s) i i! 13 product? of the manufacturer(s) of each type of 14 ; i. the name(s) and address (es) of the supplier(s) of the 15 j, arcosite asbestos fiber used in each type of product? 16 l! j. the IDENTITY of the person(s) most knowledgeable il 17 'i concerning the purchase of amosite asbestos fiber by THIS 18 , DEFENDANT. 19 | ANSWER: - I Without -waiving its -gaoftral fl5ajictiona^ defendant KELLY- 21 KOORE responds as follows: 2? NO, 23 li J! INTERROGATORY NO, 7? 25 jj Has THIS DEFENDANT engaged in the MAKKETing of amosite i> 26 l| asbestos fiber? if so, please state: \ a. the name and location of each amosite asbestos mine i) 20 \ which THIS DEFENDANT presently operates, has operated, or in -<a( ~'>M s.-i> ur i -o t* , . . - 1 which THIS DEFENDANT has or had an ownership interest, including 2 the dates of such ownership, and the grade of. amosite asbestos 3 fiber mined? 4 b. the date(s) THIS DEFENDANT first MARXETed amosite 5 asbestos fiber; 6 c. the date(s) THIS DEFENDANT ceased HARKETing amosite 7 asbestos fiber; 8 d. the grade (s) of such amosite asbestos fiber HARKETed by 9 THIS DEFENDANT; 10 e. the recommended use<s) of each grade of such amosite n asbestos fiber, including any temperature limits; n f. the name(s) and address (es) of the supplier (s) of 13 amosite asbestos fiber to THIS DEFENDANT. 14 ANSWER; 15 Without waiving its general objections, Defendant KELLY16 MOORE responds as follows; 17 18 19 INTERROGATORYHP. Si ' 20 Has THIS DEFENDANT engaged in the KARKETing of ASBESTOS- 21 CONTAINING PRODUCTS comprised in whole or in part of chrysotile asbestos fiber; if so, please state: a. the trade, brand name and/or generic name of each type 24 of product; 25 ! b. the date{s) THIS DEFENDANT first KARKETed each type of 26 product; 27 c. the date(s) THIS DEFENDANT ceased KARKETing each type of 28 product? V.-<>' ,t 10 d. a general description of the chemical composition of 2 , each type of product, including: ii 3 ;j (i) the type(s) and i; 4 i* contained in each type of product? 51 5 1 (ii) the quantitative grade(s) of asbestos fiber percentage of the types of * I asbestos fiber in each type of product? 7 ! (iii) any change(s) in the quantitative percentages of I, 8 the type(s) of asbestos fiber in each type of product; 9 e. the NATURE of each type of product? 10 f. a description of any wording, markings, and/or logo on n j each type of product? 12 j g. the recommended use(s) of each type of product, I13 including temperature limits? ij U i; h. the name of the manufacturer of each type of product? i. the name(s) and address(es) of the supplier(s) of the 16 chrysotile asbestos fiber used in each type of product? 17 j. the IDENTITY of the person(s) most knowledgeable 18 concerning the purchase of chrysotile asbestos fiber by THIS 19 DEFENDANT. 20 u )\ 21 Without waiving its general objections, Defendant KELLY- 22 M00RE responds as follows: 23 Ji j a. - g. Please see attached chart. 24 I h. Kelly-Moore Paint Company, Inc./Paco Textures Corp. t| 25 i. Johns Manville, Carey Canada, and Union Carbide. 26 j. Douglas Wayne Merrill, Plant Manager. 27 29 Sya*.--i,i -Cvll ,.< o5 (if. 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Has THIS DEFENDANT engaged in the KARKETing of chrysotile asbestos fiber? if so, please state: a. the name and location of each chrysotile asbestos mine Which THIS DEFENDANT presently operates, has operated, or in !| which THIS DEFENDANT has or had an ownershp interest, including 6 7 dates of .such ownership, and the grade of chrysotile asbestos U fiber mined? 9 !! b. the aate(s) THIS DEFENDANT first KARKETed chrysotile 10 asbestos fiber? IX ; c. the datefs; THIS DEFENDANT ceased KARKETing chrysotile 12 1 asbestos fiber? !! d. the grade(s) of such chrysotile asbestos fiber KARKETed by THIS DEFENDANT? U' 15 I; e. the recommended \ise(s) of each grade cf such chrysotile 16 j asbsetos fiber, including temperature limits? ii 17 ' f. the name{s) and address (es) of the supplier (s) of is chrysotile asbestos fiber to THIS DEFENDANT. 19 S ji 20 [ |II 21 ANSWER? Without waiving its general objections, KOOR2 responds as follows? Defendant KELLY- 23 li 24 n INTERROGATORY NO. 10: i? 25 I Has THIS DEFENDANT en*. CONTAINING PRODUCTS comprised 77 26 fly*-,-".. st ?< (if. asbestos fiber? if so, please s /// 12 KETing of ASBESTOS?art of crocidolite 1 t! a. the trade, brand name and/or generic name of each type 2 of product; k 3 b. the date(s) THIS DEFENDANT first KARKETed each type of product; c. the date(s) THIS DEFENDANT ceased MARKETing each type of product; d. a .general description of the chemical composition of each type of product, including; (1) the type(s) and grade<s> of asbestos fiber contained in each type of product; (ii) the quantitative percentage of the type(s) of fiber in each type of product? (iii) any change(s) in the quantitative percentages of U the type(s) of asbestos fiber in each type of product? e. the NATURE of each type of product; f. a description of any wording, markings and/or logo on each type of product? g. the recommended use(s) of each type of product, including temperature limits? the -sf t&e .manufacturer of each type of product? i. the naaie(s) and address(es) of the supplier<s> of the 22 | crocidolite asbestos fiber used in each type of product; 23 ! j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of crocidolite asbestos fiber by THIS DEFENDANT. 26 : ANSWER: 27 Without waiving its general objections, MOORE responds as follows; Defendant KELLY - Ml r. 4 v:-.. (i 13 * 1. NO. I 2 3 tnterrogatory no. ix; Has THIS DEFENDANT engaged in the MARKETing of crocidolite asbestos fiber; if so, please state: 5 6 a. the name and location of each crocidolite asbestos mine 7 I which THIS. DEFENDANT presently operates, has operated, in the, jj e i| and/or in which THIS DEFENDANT has or had an ownershp interest, 9 i including dates of such ownership, and the grade of asbestos 10 1 fiber mined; n 1 b. the date{s) THIS DEFENDANT first MARKETed crocidolite ij 12 |i asbestos fiber? 13 |! c. the date(s) THIS DEFENDANT ceased MARKETing I u ; asbestos fiber; crocidolite is ; d. the grade(s) of such crocidolite asbestos fiber MARKETed ij 16 by THIS DEFENDANT; 17 : e. the recommended use(s) of each grade of such crocidolite is asbestos fiber, including temperature limits? 19 | f. the name<s) and address(as) of the supplier(s) of 20 | crocidolite asbestos fiber to THIS DEFENDANT. 21 || ANSWER: II 22 l! Without waiving its general objections. i MOORE responds as follows: Defendant KELLY- 24 |i .1 NO. 28 k,"t-ovS< SC-C*'H INTERROGATORY NO, 12: Does or did THIS DEFENDANT have a controlling ownership interest in any COMPANY which KARKETed ASBESTOS-CONTAINIMG 14 i PRODUCT(S); if so, please state: 7 a. the name of such COMPANY? 3 b. the date of incorporation of such COMPANY? c. the state of incorporation of such COMPANY? A 5 d. the date such interest was acquired? 6 e. the date such interest was changed or terminated, if 7 applicable? _ 8 f. the name and location of each facility of such COMPANY? 9 g. the name of each type of ASBESTOS-CONTAININO PRODUCT(S) 10 manufactured, processed, and/or assembled by such COMPANY. n MSWEfi: 12 Without waiving its general objections. Defendant KELLY13 MOORE responds as follows? u NO. Bmmx3AT0RY NO. 13 : Does or did THrS DEFENDANT have a controlling ownership 18 i> interest in any COMPANY that MARKETed RAW ASBESTOS FIBER? if so, 19 | please state: 20 \ a. the name of such COMPANY? |21 b. the date of incorporation of such COMPANY; 22 c. the state or country of incorporation of such COMPANY? 23 I d. the date such interest was acquired? 24 | e. the dates such interest was changed or terminated, if 25 applicable? 26 i f. the name such COMPANY? and location of each asbestos mine owned of /// "'.aS liOui* 15 g. the grade and type of RAW ASBESTOS FIBER mined at each mine. 3 h hMM.B: i; 4 | without waiving its general objections, 5 | MOORE responds as follows: Defendant KELLY- 6 I NO. 7I 8 I INTERROGATORY KO. 14: 9 1 Has THIS DEFENDANT warehoused any RAW ASBESTOS FIBER or 10 | ASBESTOS "CONTAINING PRODUCT(S) in the state of California? if so, 12 I please state: 12 I a. the address of each warehouse facility? 13 ! b. the year(s) THIS DEFENDANT utilized each facility? u i; c. the IDENTITY of the custodian of warehousing records. l< 15 *1 ANSWER: ii Without waiving its general objections. Defendant KELLY- 17 MOORE responds as follows: 15 Not Applicable. i 19 ; 20 ; INTERROGATORY *P. IS: Has THIS DEFENDANT owned or jperated facilities anyvhere in the United States in which ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed and/or assembled? if so, state: a. the address of each such facility, including city and state. ftKSHU: i 27 I Without waiving its general objections, 28 c,,m s: i -vf* MOORE responds as follows: 16 Defendant KELLY- 1 i 1. Kelly-Moore Paint Company, Inc., 987 commercial Street, 2 1 San Carlos, California 94070. 2. Kelly-Moore Paint Company, Inc., 30i'Wesc Hurst Blvd., 3 u Hurst, Texas 75053. 3. Kelly-Moore Paint company, Inc., 3600 East 45th Avenue, Denver/ Colorado 80216. 4. Kelly-Moore Paint company, Inc., 11200 Kirkland Kay, Kirkland, Washington 98033. 9 5. Kelly-Moore Paint company, Inc., West Kenosha Street, 10 Broken Arrow, Oklahoma 74012. 11 6. Kelly-Moore Paint Company, Inc,, The Alameda, Houston, 12 Texas. 13 7. Kelly-Moore Paint Company, Inc., 1400 Campus Drive, u !! Ontario, California 91764. II 15 |! li 16 ij INTERROGATORY NO. 16: *1 17 l If THIS DEFENDANT owned or operated facilities in which 18 |! ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed 19 1 and/or assembled, please state: |20 a. the date said facilities began operation; 21 b. the date said facilities ceased operation? and 22 c. the name of each type of ASBESTOS-CONTAINING PRODUCT 23 manufactured, processed or assembled at each such facility. U ANSWER; 25 Without waiving its general objections, If H 26 ;i MOORE responds as follows; Defendant KELLY- 27 1. a. December 1960, 23 I b. March 1978. 8.me"c ie-o'1*'' 1 c. Please see attached chart. 2 2. a. As far as Defendant is aware, 1970. 3 b. As far as Defendant is aware, 1977. d c. Unknown. 5 3. a. As far as Defendant is aware, 1971. i 6 b. As far as Defendant is aware, 1976. 7 a. Dry-wall products. 8 4 . a. As far as Defendant is aware, 1969. 9 b. As far as Defendant is aware, 1972. 10 c. Drywall products. U 5. a. As far as Defendant is aware, 1969. 12 b. As far as Defendant is aware, 1977. 13 c. Drywall products. U 6. a. As far as Defendant is aware, 1967. 15 b. As far as Defendant is aware, 1974, 16 c. Drywall products. 1/ 7. a. As far as Defendant is aware, 1968. 18 '! b. Unknown? not operating at present. 19 !! V \20 c. Drywall products. 21'! 22 j] 13 | INTERROGATORV NO. 17i Has THIS DEFENDANT purchased or otherwise aquired any rights to the manufacture of ASBESTOS-CONTAINING PRODUCT(S) from another 24 COMPANY? If so, state; 25 a. the date of purchase or acquisition of such rights; 26 j! b. the trade, brand, and/or generic name of such ASBESTOS27 ? COSTAINING PRODUCT(S)j 28 ' /// <o: K-C< s sr ' ,!* * / t < . 18 *1 1 ]i c. the nsme ana location of any COMPANY fron which such V 2 !j rights were purchased or acquired? i* 3 j| d. the IDENTITY of the custodian of records of such A ! purchase(s) or acquisition(s). 5 ANSTffSR; 6 Without waiving its general objections, 7 | MOORE responds as follows: Defendant KELLY- a NO. 9 10 INTERROGATORY NO. 18: 11 Has THIS DEFENDANT applied for and/or received any patent(s) l 12 for any ASBESTOS-CONTAINING PRODUCT(S) . If so, state for each ! 13 such ASBESTOS'CONTAINING PRODUCT: a. the product for which each patent was applied and/or issued? b. the date{s> of application: c. the date(s) of issuance ofthe patent(s}r ifgranted? i 13 I d. the date(s) of renewal, if any; < i 19 ; e. the patent nuribex(s)? ; 20 ! f. the size and color, which appeared on the packaging or cot 21 which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER. j ANSWER: ^ 'i 23 Without waiving its general objections,Defendant KELLY- i 7a MOORE responds as follows: ' 25 Not Applicable. : 26 27 /// 2S /// B^ofOas SC-C<|-I> 4 V.' a ..< ' ! 19 1 INTERROGATORY MO.19: Has THIS DEFENDANT registered any trademark(s) for any 1' 3 ASBESTOS-CONTAINING PSODUCT(S); if so, state for each such i ASBESTOS-CONTAINING PRODUCT: || 5 |l a. the product for which each trademark was registered? I b. whether the registration was State or Federal? 6i 7 | (i) if State, name the State? $ I c. the date(s) or registration; *!| d. the term(s) thereof? 10 I e. the date(s) of renewal? | f. the name of the individual or COMPANY to whom each UI 12 j trademark was registered; 13 \ g. the IDENTITY of the custodian of such trademark records U of THIS DEFENDANT. 15 :: ANSWER: :l 16 I, Without waiving its general objections, Defendant KELLY- :i :7 MOORE responds as follows: i! 38: a. Trademark registered for Kelly-Moore's asbestos- i* containing products is under the name Paco, Each of the specific 19 " products are listed in Chart attached to Answer to interrogatory 20 ij I No. 16. <; 22 |S b. Federal. i c. July 23, 1963. 2-a J d. Paco Textures Corporation owns U.S. Reg. No. 753,175 25# that was granted on July 23, 1563 for Paco. Paco Textures !; 26 " Corporation, assigns and twwfer to Kelly-Moore Paint all rights, title and interest in Reg. No. 753,175. V i(I 28 i! /// Company o.*too i--:* 4 ' p' ' 20 I e. Every 20 years the trademark is renewed? last renewal was July 23, 1983. f. KELLY-MOORE PAINT COMPANY, INC. g. John Bacigalupo. 4I 5 6 interrogator* ko. 20t 7 Did THIS DEFENDANT contract with the General Services 8 i Administration and/or other federal-government agency for the 9 sale, anywhere in the United states, or RAW ASBESTOS FIBER 10 between 1930 and 1980; if so, state for each such sale: a. the grade (s) and type (a) of RAW ASBESTOS FIBER? U 12 b. the quantity? >i c. the date(s) of delivery? 13 ji U !| d. the location(s), including the address(es) of delivery; 15 j e. the nase(s) of the agency with which THIS DEFENDANT l< 16 : contracted? 17 f. the date(s) of execution of such contract(s)? i 18 !' g. the IDENTITY of the custodian of such contract records 19 j of THIS DEFENDANT. 20 j ANSWER? 71 I Without waiving its general objections, 27 jj MOORE responds as follows: 23 | NO. Defendant KELLY- ! 24 | j25 ISS&SftQSATaRY no...21: 26 I ? 27 ;j */ 281 9j-N-'il v"*-0~U sc-y>'i.: i SC**'til * Did THIS DEFENDANT .contract with the General Services Administration and/or other federal-government agency for the sale, anywhere in the United States, of ASBESTOS-CONTAINING 21 ) ^ PRODUCT(S) between 1930 and 1980. please state Cor each such 2 sale: 3 a. the type of product; 4 if b. the guantity; 5 j] c. the date<s> of delivery? * 6; d. the location(s), includingtheaddress(es) of delivery? ?| s, the namefs) of the agency with which THIS DEFENDANT $ | contracted; <i 9 j| f, the date(s) of execution of such contract (s) ? I0 I g\ the IDENTITY of the custodian of such contract records u j| of THIS DEFENDANT. u :l ANSWER: n i: "ifchout waiving its general objections. Defendant KELLY- u ; MOORE responds as follows: is ; NO. 17 INTERROGATORY NQ. 23: 18 |i Does THIS DEFENDANT have any records of the MARKETing, 19 | advertisement, or delivery of its RAW ASBESTOS FIBER and/or 20 ASBESTaS-JlONXAXHlNO PRODUCT.!Sj i* Or to NORTHERN CALIFORNIA? If 21 ( so, state: 22 j a. the manner in which the records are Kept, (e.q., in 23 boxes, files, on microfilm, microfiche or computer tape or disk); 24 H b. the location(s) and address(es) where such records are 25 | maintained; 26 i1 c. the IDENTITY of the custodian of such records. ;i J7f /// 28 l! /// 8,-6*1-t-ii 22 i ANSWER: 2 Without waiving its general objections. Defendant KELLY3 MOORE responds as follows: 4 a. In boxes and in files in storage room. 5 b. 987 Commercial Street, San Carlos, California. 6 c. Douglas Wayne Merrill. 7 8 INTERROGATORY NO. 23: 9 If THIS DEFENDANT has in its possession any records of the 10 MARXETing, advertisement, or delivery of its RAW ASBESTOS FIBER U and/or ASBESTOS-CONTAINING PRODUCTS {including microfilm, 12 microfiche, computer tape or disk, or any other system in which 13 data is taken from other records), state whether THIS DEFENDANT U has retained the original DOCUMENTS from which the data entered 15 into these modes of storage was obtained. If THIS DEFENDANT has 16 not retained such original DOCUMENTS, state: 17 a. the date(s) when and location(s) where the original 18 DOCUMENTS were disposed of; 19 b. the IDENTITY of the custodian of the original DOCUMENTS 20 at the time of their disposal. 21 ANSWER: 22 Without waiving its general objections. Defendant KELLY23 MOGRE responds as follows: 2d Not Applicable. 25 26 /// 27 /// 28 /// 23 I Doss THIS DEFENDANT have in its possession any exemplar(s) of advertisements or brochures describing its RAW ASBESTOS FIBER 4 and/or ASBESTOS-CONTAINING PRODUCTS? if so, please state; 5 a. the location of each exemplar? 6 b. the year(s) in which said exemplar(s) was utilized? 7 c. the IDENTITY of the custodian of such exemplars. 8 ANSWER; 9 Without waiving its general objections. Defendant KELLY10 NOOKS responds as follows: n a. 1015 Commercial Street, San Carlos, California. 12 b. Unknown; sometime between 1961 and 1977. 13 c. Douglas Wayne Merrill. U :r 15 : i 16 ! State the following: a. the address(es) where the corporate records of THIS 18 !' DEFENDANT {including minutes from the Board of Directors meetings 19 and corporation annual reports), are currently located? 70 I b<* She .IDENTITY .of the custodian of such records. 21 &NSWER: 22 |i Without waiving its general objections, \i \' 23 MOORE responds as follows: Defendant 24 a. 987 commercial Street, San Carlos, California. KELLY- 25 ji b. John Bacigalupo. 26 i' u 27 Si a it 28 is /// /// Bu*r->ll uOBt~>J4S t . -) ' >'** 24 li 1 s' INTERROGATORY HO. 26: Describe the packaging or containers in which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER, including composition, dimension, shape and color. &&!&&: without waiving its general objections, Defendant KELLY- MOORE responds as follows: Not Applicable. MTiggRQ^TORY no. ,,,,37; a Describe any logo, design, learning or printing, including 12 size and color, which appeared on the packaging or containers in 13 which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER. U MS: 15 | Without waiving its general objections, MOCRE responds as follows: 16 i i7; Not Applicable. Defendant KELLY- 19 > INTERROGATORYNO.28: .Describe the .packaging or containers in which THIS DEFENDANT sold and/or distributed ASBESTOS-CONTAINING PRODUCT(S), including 22 composition, dimension, shape and color. 23 j; U| 351 ANSWER: Without waiving its general objections, MOCRE responds as follows: Defendant KELLY- 26 (' Please see attached chart. 27 28 /// ,v-'u .:<- 9v*<0"B *!!* 4 5'. |l 25 INTERROGATORY NO. 2$: Describe any logo, design, marking or printing, including size and color, which appeared on the packaging or containers in which THIS DEFENDANT sold and/or distributed ASBESTOS-CONTAINING PRODUCT(S). ANSWER; Without waiving its general objections. Defendant KELLY MOORE responds as follows: A picture or sample of most asbestos-containing products has been retained at Kelly-Moore Paint Company, Inc. at 987 Commercial Street, San Carlos, California. They are available for review. The markings differed for each product. u s INTERROGATORY NO. 30t Does THIS DEFENDANT have any exemplar(s) of packaging or 16 j| containers in which its RAW ASBESTOS FIBER and/or ASBESTOS- is i7!; CONTAINING PRODUCT(S) were sold and/or distributed; if so, state: is i a. the location of each exemplar; 19 b. the year{s) in which said exemplar(s) was utilized; 20 I, j! 21 I c. the IDENTITY of the custodian of such exemplars. ANSWER: 22 Without waiving its general objections, Defendant KELLY- 23 MOORE responds as follows: 24 a. 987 Commercial street, San Carlos, California. 25 b. Unknown; sometime between 1961 and 1977; differed for 26 j! each product. 27 i; c. Douglas Wayne Merrill. 20 , . .4 V.- , .. |.<\ >.. -- 26 1 Did THIS DEFENDANT put warnings of asbestos-related health hazards on bags of RAW ASBESTOS FIBER; if so, please state; a. the wording of such * warning(s), including size, location, and color; b. whether the warning was put on a tag attached to the bags? c. the date such warning(s) was first used7 d. whether any change was Bade in the wording of such warnings, the date(s) of such change, and the reasons for such change. ANSWER: Without waiving its general objections. Defendant KELLYMOORE responds as follows: Hot Applicable. 13 INTERROgATORY..N^_. jgt 19 ii Did THIS DEFENDANT put warnings of asbestos-related health 20 j hazards on the packaging or containers of ASBESTOS-CONTAINING n | PRODUCT(3)? If so, please state: ! a. the working of such warnings, including size, 23 \ on the packaging or containers, and color: location it ii b. the date such warning(s) was first used? I: 25 i c. whether any change was made in the wording of such 26 warning(s), the 27 such change. 28 . vGM >.*> K- .-i' i.i ... * >. /// date<s) of such change, and the 27 reason(s) for MSSEB: Without waiving its general objections. Defendant KELLY- MOORE responds as follows: a. Warnings were printed to read: CAUTION - READ BEFORE USING CONTAINS ASBESTOS FIBERS AVOID BREATHING DUST BREATHING ASBESTOS DUST MAY CAUSE BODILY HARM Warning size: 1-1/2" x 3-1/2" or larger. 9 b. November 1972. 10 11 INTERROGATORY KO._31: 12 Has THIS DEFENDANT distributed any brochures or pamphlets 13 that contain warnings of any asbestos-related health hazards; if U so, please state: a. the wording of such warning? b. the method used to distribute such brochures or 17 pamphlets; 18 c. the date(s) such brochures or pamphlets were first 19 | issued; 20 |j d. whether THIS DEFENDANT has exemplar(s) of such brochures H 21 or pamphlets; 22 e. the IDENTITY of the custodian of such exemplar(s>. 23 I ANSWER: 2d | Without waiving its general objections, 25 ! KOORE responds as follows: Defendant KELLY- 26 Please refer to Interrogatory No. 32. /// *' 28 11 IMT2RSQGRTORY NO, 34: 7 j Did THIS DEFENDANT warn its employees and/or CONTRACT i 3 UNIT{S}, anywhere in the United States, that exposure to asbestos 4 ' could be hazardous to human health. If so, state: 5 | a. whether copies of DOCUMENTS containing such warnings 6 exist? 7 | b. the IDENTITY of the custodian of such DOCUMENTS. h 8 ANSWERS 9 | Without waiving its general objections, Defendant KELLY- 10 MOORE responds as follows: n I a. Yes. 12 | b. Douglas Wayne Merrill, 1015 Commercial Street, San 13 1 Carlos, California. U j! I 15 f <| 16 I 17 ! INTERROGATORY NO. 35: State the IDENTITY of medical directors and/or industrial hygienists retained by THIS DEFENDANT in the United States, is I answer 19 ;> Without waiving its general objections, ij ?Q | .MOORE responds as follows: Defendant KELLY- 21 Not Applicable. 23 | I24 25 I) INTERROGATORY NO. 36: Has any employee of THIS DEFENDANT testified by deposition on behalf of THIS DEFENDANT in a third-party case, brought in the 26 United States, wherein the plaintiff has alleged il 27 related injury? If so, for each such third party an asbestoscase, please 28 ; state: i" `".i ji 29 j a. the caption and case number? 2 b. the court of filing including state and county; 3 c. the date of the deposition; & d. the name and address of plaintiff's counsel of record. 5 MB* 6 Without waiving its general objections. Defendant KELLY' 7 MOORE responds as followst 3 1. Company, et al. , 9 Action No. 296585, 10 b. State of California, County of Sacramento. a c. October 8, 1984. 12 d. George w. Kilbourne, Attorney at Law, 3755 Alhambra 13 Avenue, Martinez, California 94553. 14 In Re: Clapper & Bravton Shipyard___kApplicator 15 Asbestos Cases Consolidated for Discovery, Action 16 Nos. Misc. 959 (Sol) & 804416 (SF)? James___ 17 Williams v. Abex Coro., et aj.. Action No. 584329-1 18 (AXa); Southwall Price v. Abex Core., et _al^, 19 Action No. 584328-2 (Ala)? Robert Dixon v. Abex 20 I. Coro., et al.. Action No. 584327-3 (Ala); Tommy 21 22 23 24 j : 25 Dixon v. Abex Coro., et al.. Action No. 585105 (Alameda); and Katherine & Joseph Maksim v. JohnsManville. at al,, Action No. 768674 (SF) . b. State of California, Counties of Solano, San Francisco and Alameda. 26 27 i 28 : V0<<>&V$< : *! c. November 1, 1984. d. Alan R. Srayton, 999 Grant Avenue 94948. Novato, CA 30 i 2 , INTERROGATOR1KQ , 37 ? s, 3 a Has THIS DEFENDANT been a member of the following: i 4W a. Asbestos Textile Institute (ATI)? c 5 3 b. industrial Hygiene Foundation and/or Industrial Health 6 Foundation (XHF)J 7 c. Mineral Wool Institute? 8 d. Industrial Mineral Insulation Manufacturers Institute? 9 e. Magnesia Silica Insulation Manufacturers Association; 10 f. National Insulation Manufacturers Association (NIKA)? 11 g. Thermal Insulation Manufacturers Association (TIMA); 12 h. Asbestos Information Association (AIA); 13 jl i. Quebec Asbestos Mining Association (QAKA); ?: 14 *i j. National Safety Council? >' k. Asbestos Cement Producers Association? 15 | 16 ? l. Refractories Institute? < i _ i< m. any other organizations or associations of /' manufacturers, 18 ? miners, distributors, importers, labellers, 19 ; suppliers and/or sellers of ASBESTOS-CONTAINING PRODUCTS? 20 ' (i) please state the name(s) of such organizations or 21 associations. 22 || 23 \ I il 2 a ii >i 25 | II ANSWER Without waiving its general objections, M00RE responds as follows: a. - m. No. (i) Not Applicable. Defendant KELLY- l 27 i 28 Is /// 31 1 ; :j 2 !* For each organization, association or other I* h identified in your Response to Interrogatory No. 37, 3 j' entity please state: 4 a. the dates during which THIS DEFENDANT was a member; 5 6 b. the naae(s) of any pubiication(s) received by THIS 7 DEFENDANT from such association or organization? 8 c. the name of such committee or subcommittee of which THIS DEFENDANT was a member, and the dates of such committee or 9 10 subcommittee membership. n 121 ii 13 ji 14 ; fMsms&i Without waiving its general objections, MOORE responds as follows: Not Applicable. Defendant KELLY- 15 I 16 ! > 17 ; IS : ii 19 i'l 23 \ Has THIS DEFENDANT received any DOCUMENT (S) containing results or conclusions of any studies and/or tests conducted by the Saranac Laboratory at the Trudeau Foundation relating to the human health consequences of exposure to asbestos? If so, please? J2 j a. 231; b. IDENTIFY all such DOCUMSNT(S)? state the date upon which THIS DEFENDANT first received 2t I; such DOCUMENT(S)? ok 1 vw ,< c. the IDENTITY of the custodian of such DOCUMENT(S). 26 !' /// 27 :>:i /// 20 !* /// <>V ... -- * ' Ii 22 fl.S'.-L,. AS i 2 f Without waiving its general objections, i MOORE responds as follows: * ,i !i 4 i' NO. * Defendant KELLY- 5 6 INTERROGATORY NO. 40: 7 State -whether THIS DEFENDANT has ever maintained a library 8 (or libraries) in the United States which contains books, 9 articles, periodicals, journals and/or reference materials that 10 relate to the subjects of asbestos, industrial hygiene, medicine, safety, occupational disease and/or engineering. If so, state; n 12 a. the date each such library was established; li i3!! b. the location of each such library; c. the IDENTITY of each librarian or other person in charge u 15 ! of such library. .i 16 : ANSWERi ,7 ^ Without waiving its general objections, Defendant KELLY- 18 : MOORE responds as follows: l 19 i! :i 20 I 5 21 INTERROGATORY NO. 41: 22 ! Has THIS DEFENDANT exchanged documents containing the ii 23 I1 results of or communicated with any individual or other COMPANY 24 il jl ]i 25 !? >1 regarding tests and/or studies of the relationship between the inhalation of asbestos fibers and development of disease(s); if so, please state: 27 a. each individual or COMPANY with whom the information was exhanged or to whom it was communicated? 33 i b. the date{ss> of any such exchanges or communications; 2 c. the IDENTITY of the custodian of such documents. 3 ANSWER: Without waiving its general objections. * 5 ii MOORE responds as follows: I* 6 I' Unknown. Defendant KELLY- 7! 8 INTSRRO3AT0RY NO. 42: Has any employee of THIS DEFENDANT testified before the Occupational Safety and Health Administration, the National Institute of Occupational Safety and Health, or any committee or 12 ! subcommittee of the United states Congress on the inhalation of asbestos dust and the development of disease; if so, please u ;; i is in; 16 ij u 17 state: a. b. c. d. the entity before whom such testimony was given; the date(s) and location(s) of such testimony; the IDENTITY of the individual(s) who so testified; whether any DOCUMENTS were presented to the entity 19 before which testimony was given; TO } . .Mbatfeer icapAes of XOCDMENTS presented were retained by 21 ii THIS DEFENDANT; ii 22 (i) if so, state the IDENTITY of the custodian of the 23 DOCUMENT(S). 2d ;! 25 I ANSWER; Without waiving its general objections. Defendant KELI.Y- 26 ji KOORE responds as follows;. 27 ;i NO. iIfi [) 34 1 TNTEnSQQAVORY NO. 43: 2 2 At any of the physical facilities identified in the response ii 3 I to Interrogatory No. 15, has THIS DEFENDANT conducted, or caused to be conducted, tests and/or studies of ambient asbestos dust 5 created during the manufacture, processing and/or assembling of 6 ASBESTOS-CONTAINING PBODUCT(S); if so, pleaae state: 7 a. each manufacturing facility, including location and 8 address? at which any such test and/or study was conducted? S! b. the date of each such test and/or study? 9 i! 10 |j c. the individual(s) or entity conducting each such test n and/or study? 12 d. whether THXS DEFENDANT has any documents containing the 13 : results and/or conclusions of each such study? : 14 ! e. the IDENTITY of the custodian of the documents. 15 ANSWER: 16 : Without waiving its general objections, Defendant KELLY- 17 : MOORE responds as follows: la : a. 987 commercial street, San Carlos, California and 19 possibly other locations that are unknown at this time. 20 b. Unknown. 21 c. Engineers. 22 d. The location of any documents, that may or may not be in 23 l existence, are unknown. 24 iI; ll 25 |! e. Douglas Wayne Merrill. 26 INTERROGATORY NO. 44: 27 I: Has THIS DEFENDANT conducted, or caused to be conducted, any i 2S i: tests and/or studies on ambient asbestos dust levels at any 35 1 i: location or job site where its ASBESTOS-CONTAINING PRODUCTS were 2 utilized in the United States; if so, please state; a. the location, including name and address, at which each ,i such test and/or study was conducted; 4!! 5 1! b. the individual(s) or entity conducting each such test 6 and/or study? 7 j c. the date of each such test and/or study; 8 j d. whether THIS DEFENDANT has any DOCUMENTS containing the 9 | results and/or conclusions of each such test and/or study? !10 e. the IDENTITY of the custodian of these DOCUMENTS. "1 hssmsi 12 I Without waiving its general objections, |i n !; MOORE responds as follows: Defendant KELLY- 14 j! No, other than answer listed above to Interrogatory No. 43. 8,ax-*,. .* i S ** is ; 16 " INTERROGATQRY NO. 45.: *! 17 ' Did THIS DEPENDANT have any laboratory or other facility 18 *! anywhere in the United States at which it conducted, or caused to 19 be conducted, any tests and/or studies of its ASBESTOS-CONTAINING 70 PRODUCTS to measure the amount of asbestos dust generated by any 21 ;! use for which such products were designed? if so, please state: a. the location, including name and address, at which each 22 i 23 i. such test and/or study was conducted? 7t || i u 25 ;= b. the individual (s) or entity conducting each and/or study; such test 26 V c. the date of each such test and/or study? 27 d. whether THIS DEFENDANT has any DOCUMENTS containing the 28 results and/or conclusions of each such test and/or study; 36 1 ' 8. ths IDENTITY ofthecustodian of such DOCUMENTS. 2 i- a^ssss: 3: Without waiving itsgeneralobjections, Defendant KELLY- i! KGORE responds as follows: 5 !i NO. A: 7 INTERROGATORY NQ,....i&: 8 Has THIS DEFENDANT made available to its employees engaged in the KASKETing of its RAW ASBESTOS FIBER and/or its ASBESTOS- i CONTAINING RRODUCT(S), a medical examination program? if so, n please state: 12 i a. whether chest x-rays or pulmonary function tests were 13 part of such program(s)? U * b. whether participation in any such program was a 15 !: mandatory condition of employment or was voluntary? 16 (i) if mandatory as a condition of employment, how 17 frequently each employee was required to undergo such 13 examination? 19 ii J. i\ 21 ? 22 !i c. whether THIS DEFENDANT has DOCUMENTS of such program; jS- the IDENTITY of the custodian of such DOCUMENTS. answer: a. Yes. 23 I b. Mandatory from 2972-1973/ voluntary from then on. 24;; 25*: 26 ' (i) Unknown. c. Unknown. d. If such documents.exist, Douglas Merrill. 27 28 . V-><-*.V *;>; r 4^*.- jl ] /// 37 1 2 , Has THIS DEFENDANT notified in writing any individuals cr 3 COMPANIES to whom it KARKETad RAW ASBESTOS FIBER and/or ASBESTOS- * I* CONTAINING PRODUCT(S), anywhere in the United States, of the at potential relationship between exposure to asbestos and ii i; 6 I if so, please state: disease; I7 a. the date(s) THIS DEFENDANT provided this information; 8 !* b. the means used for transmittal of such information? i 9 i| c. whether THIS DEFENDANT has any copies of any DOCUMENTS ji 10 transmitting such information; n d. the IDENTITY of the custodian of such documents. 12 ANSWER: 13 j: Without waiving its general objections, l MOORE responds as follows: Defendant KELLY- is! No, other than what is referred to in i, ib " Interrogatory No. 32. it 17 INTERROGATORY NO. 48; Answer to 1 Has THIS DEFENDANT required any individual (s) who KARKETed 20 !; its ASBESTOS-CONTAINING PRODUCES) to wear respirators or face U si ;| masks; if so, please state: |22 a. the job title(s), if known, of individual(s) required to 23 j; wear respirators or face masks; 2*i ;i b. the date(s) on which THIS DEFENDANT first required the 25 j wearing of respirators or face masks; 26 ! c. the means by which the requirement to wear or face masks was communicated; respirators *^ 28 'i- .i *o">-cv vei*a; s*_i;fii /// 38 d. whether THIS DEFENDANT has any copies of DOCUMENTS communicating such requirements; o. the IDENTITY of the custodian of such*DOCUMENTS. MSHSB: Without waiving its general objections, :i 6: MOORE responds as follows i 7 1| a. Plant workers. 8 v b. Unknown. M c. orally. S' 10 ;j d. No. >i \\ u; e. Not Applicable. 12 'i Defendant KELLY- !3 `I INTERROGATORY NO. 49; u . Does or did THIS DEFENDANT utilize or employ any CONTRACT l5 ; UNIT. If so, please state; ,6 a. the inclusive periods of tine the CONTRACT UNXT(S) was ^ utilized or employed; )S b. the business address and name of the CONTRACT UNIT(S); 19 j c. whether THIS DEFENDANT has any DOCUMENTS showing the 2Q j' location is.) of the job site/s) where the CONTRACT UNIT (5) worked, 21 i! and if so, state the IDENTITY of the custodian of such DOCUMENTS. 22 ' ANSWER; 23 !i Without waiving its general objections. Defendant KELLY- 24 l MOORE responds as follows: 25 26 ; 27 /// 28; W -w *.aic,a-, S <$:- - 39 1 INTERROGATORY MO. SO 5 2 ' Has THIS DEFENDANT received any written communication c. 3 other DOCUMENT, other than a claim for workers* compensation, that any person was claiming injury as a result of exposure to 5 its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S) ,* it 6 so, please IDENTITY the first such written communication or 7 DOCUMENT. 8 ANSWER: 9 Without waiving its general objections. Defendant KEELY10 KOORE Responds as follows: 11 Yes, first notice was received on or about July 30, 1977 12 when Xelly-Moore Paint Company, Inc. was served with its first 13 lawsuit. U 15 INTERROGATORY NO. SI: 16 Has any person filed a claim for asbestos-related injury 17 regarding THIS DEFENDANT against any workers* compensation insurance carrier which provided coverage for THIS DEFENDANT; if 19 : so, please state: 20 a- the date of such claim? S' 21 i! b. the name of claimant? 22 }` 23 " 24 26 c. the caption? d. the case name; e. the court in which the claim was filed? f. the IDENTITY of the custodian of such documents. 26 /// 27 /// 28 /// 40 ANSWER Without waiving its general objections, Defendant KELLYMOOSE responds as follows: Net that KELLY-MOORE is aware of. XjtTERBQGATQRT m,...52: Has any person filed a workers* compensation claim for asbestcs-related injury against THIS DEFENDANT? if so, please state: a. the date of such claim; b. the name of claimant; c. the caption; d. the case number; e. the court in which the claim was filed; f. the IDENTITY of the custodian of such documents. ANSWER: Without waiving its general objections, Defendant KELLYMOORS responds as follows: At this point in time, Defendant KELLY-KOORE is aware of the following: WALTER R. LAWRENCE? a* March 31, 1983. b. Walter R. Lawrence. c. Walter R. Lawrence v. PACO, et al. d. OAK 92646. e. WCA3, Oakland. f. Douglas Merrill. 5 ' ISAAC BUSH; 2 a. March 9, 1987. b. Isaac "ike" Bush. 3 :* c. Isaac Bush v. Lyl^s Diversified, Inc., et al. 4; a. (WCAB) OAK 150427. e, WCAB, Oakland. f. Law Offices of Jack K. Clapper, 100 Shoreline Highway, Building B, Suite 300, Mill Valley, CA 94941. Safire & Lewis, Esqs., 433 Turk Street, San Francisco, CA 94102. 12 l\ mSRRQgA!&RV^. S3: ! 13 r Does THIS DEFENDANT have insurance available to cover < 14 judgment(s) entered against it in asbestos-related personal 15 . injury lawsuits; if so, please state; 16 a. the name and principal place .of business of any insurance carrier who has issued such policy of insurance; 18 19 , !> 70 i b. the number and effective date of each policy? c. the amount(s) of coverage of each policy; d. the applicable dates of coverage? 21 ? e. any reservation of rights contained in each such policy; 27 *! f. the amount of coverage presently exhausted under each 23 such policy? 24 , i< 25 g. the such policy? amount of coverage presently available under each 26 ' h. whether limits contained in each such policy include 27 costs of defense. 28 ' /// 42 ANSWER: Without waiving its general objections, Defendant KELLYMOORE responds as follows: Please see attached list. INTERROGATORYNO,54J Has THIS DEFENDANT owned or operated any petroleum refining facilities? if so, please state: a. whethe- any ASBESTOS-CONTAINING PRODUCES) WERE MASKETed on the premises of such refining facilities? b. the location, including the name and address of ail such refining facilities; c. the dates of operation of such refining facilities? d. the types of ASBESTOS-CONTAINING PRODUCT(S) MASKETed on such premises; e. the names of the manufacturers of any ASBESTOS- CONTAINING PRODUCTS MARKETed on such premises; f. whether THIS DEFENDANT has documents identifying such MARKETing; g. the IDENTITY of the custodian of such documents. ANSWER;i,i,i,i^ii,i,i,i,i,i, Without waiving its general objections, Defendant KELLY- MOORE responds as follows: INTERROGATORY NO. 55: Has THIS DEFENDANT heid a controlling ownership interest in any COMPANY which owned or operated petroleum refining M it M * *5^5*0 96T ' I Aitnutp < U U W i is) Aunuumti *3K! *AhVdUOD AHIVit ViHOOrt-ATO* # -c 2 <T 2** #* _ a a ; #Sa V 9*0 2 ** --( 9 ^9 V si: H2*Vn*n 12*3* S-?S ns? *-r ft-2H ^ * *4 *" > * l M -- e* -^" a- - sc I? 9 f 9 * *w+* 9' < 9 2C I -r r* m> Ia c* IH - s _1 a-- 1c = * *- ?? ?* s "tt vm \J %SS* . f>~sf >a* 1 z ! 5 IS t ** " *a. *. 9 * 25 S SS SS fI F f 1 9 * 1 * S r? ea 9> 4 ! w* III-* S C9 f a* i a* 2, M 2 Ml sI SB 0 3 2* -9 ES t rO* *r & rO# r S <r a* a ? ea rt 2 a9 CT C 9 9<9* 9 < a 0a 9 -< *0 << s rs ?a &r S sr ff 9- r ra** r a a- i- a 9* r r a * 9 B C <*> * a a :=?r K*r c4s <r 3 es 2 3 0 a Ss et* srs ,* * *s*r *9* a. S- 2 vS9g*3S- 3r *i | 30 * S aa* P l 2L < 9 n a * s 9 1 IT X \ : facilities: if so, for the period(s) of tire during which TK^S 1 DEFENDANT held such interest, please state: 3 a. whether any ASBESTOS-CONTAINING PRODUCTS were MARKSTed 4 ^ on the premises of such refining facilities; ;i 5 ! b. the location, including the name and address of all such i. '5 6j refining facilities? 7 ] c. the dates of operation of such refining facilities? 8 ji d. the types of ASBESTOS-CONTAINING PRODUCTS MARKET** on i| 9 |i such premises? ii 10 e. the names of the manufacturers of any ASBESTOS- i| 11 ! CONTAINING PRODUCTS MARKETed on such premises? : i f. whether THIS DEFENDANT has DOCUMENTS identifying such 12 13 MARKETing; \& g. the IDENTITY of the custodian of such DOCUMENTS. 15 ' ANSWER: Without waiving its general objections. Defendant KELLY- 16 17 ; KOORE responds as follows: 18 J 19 i* 20 I1 Xiiljy&OS&EQftY NO,7 : 21 {j Has THIS DEFENDANT contracted with any COMPANY for the 22 MARKETing of ASBESTOS-CONTAINING PRODUCT(S) on any premises owned or leased by THIS DEFENDANT? if so, please state: 24 ji a. the 25 !; premises ? location, including name and address 26 > fo. the name and address of each such COMPANY? 27 c. the types of ASBESTOS-CONTAINING PRODUCTS? 28 /// of such *VA< t 44 d. the name of the manufacturers of such ASBES1CSCOKTAINING PRODUCTS? e. whether THIS DEFENDANT has DOCUMENTS of such MARKETing? f. the IDENTITY of the custodian of such DOCUMENTS. ASSESS, Without waiving its general objections. Defendant KELLYMOORE responds as follows: Not that Defendant KELLY-MOORE is aware of. =HC^hLu. , KATHLEEN S. FARLEY Attorneys for Defendant KELLY-MOORE PAINT COMPANY, INC yE^IChHQM 1 hereby declare under penalty of perjury that I a- the Secretary-Treasurer0f KELLY-MOORS PAINT COMPANY, INC., a corporation; a party in the In Re Solano County complex Asbestos Litigation case, and an authorized to make this Verification for and on behalf of said corporation? that I have read Defendant Kelly-Koore's Answers to Plaintiffs* Standard Set of Interrogatories (set So. One), and know the contents thereof, and the same is true of my own knowledge, exgept as to matters vhich are therein stated upon my information and belief, and as to those matters I believe them to be'true. Executed at San Carlos, California, this _______ day of August ______________________ f X990. verification 1 ji 21 i! 3 ji I hereby declare under penalty of perjury that I a the Vice Presxaen" - Manufacturing Operations 4 0f KELLY-MOORE PAINT COMPANY, INC., a 5 corporation, a party in the in Re_soIano County Complex Asbestos 6 Litigation case, and am authorized to make this Verification for 7 and on behalf of said corporation; that l have read Defendant 8 Kelly-Koore*s Answers to Plaintiffs* standard set of 9 Interrogatories (Set No. One), and know the contents thereof, and 10 the same is true of my own knowledge, except as to matters which 11 are ther&in stated upon my information and belief, and as to 12 those matters I believe them to be*true. 13 || Executed at San Carles, California, this 1day of U l: 15 I; 16 ?j 17 18 t 1? ji Ii 20 f |i i21 ! 23 : 2* 25 !, 26 V 28: PROOr OF SERVICE BY HAIL I declare that: I am employed in the County of Contra Costa, I arc over the age of eighteen years and not a party to the within cause; my business address is 1220 Oakland Boulevard, Suite 200, Walnut Creek, California 94596. On Aug,IQ. 1990. I served the within DEFENDANT KELLY-HOORB'S ANSWERS TO PLAINTIFFS' STANDARD SET OF INTERROGATORIES in said action by placing a true copy of it enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Walnut Creek, California, addressed as follows: See attached Plaintiff Counsel and Defense Counsel lists for IN RE SOLANO COUNTY COMPLEX ASBESTOS LITIGATION SOSC No. 2830 I declare under penalty of perjury that the foregoing is true and correct. Executed on , at Walnut Creek, CA 94596, IN R COMPLEX AgBSgTQS I,ITXg&XIg - SOLANO COUNTY plaintiff counsel proof of service BRUCE L. AHNFELDT, esq., 700 Franklin Street, Napa, CA 94559 BRAYTON ASSOCIATES, 999 Grant Avenue, p.o. Box 2109, Novato, CA 94948 BROWN FINNS*, 2033 N. Main Street, Ste 430, Walnut Creek, CA 94596 CARLSON & HUSICK, ?0S0 Donlon Way, Suite 222, Dublin, CA 94S68 CARNES & DIBBLE, 3*Eabarcadero Center, Suite 670, San Francisco, CA 94111 CARTWRIGHT, SLOBQDIN, et al., 101 California Street, Suite 2600, San Francisco, CA 94211 CASEY, GERRY, CASEY, efc al., 110 Laurel Street, San Diego, CA 92201 CASEY, GERRY, CASEY, et al., 781 Tuolumne, Vallejo, CA 94590 LAW OFFICES OF JACK x. CLAPPER, 100 Shoreline Highway, Building E, Suite 300, Kill Valley, CA 94941 DAVIS s LEWIS, 2121 Avenue of the Stars, Suite 3100, Los Angeles, CA 90067 CHRISTOPHER E. GRELL, ESQ., The Monadnock Building, 685 Market street, Suite 340, san Francisco, CA 94105 HALLEY, CORNELL 5 LYNCH, 525 Market Street, Suite 3700, San Francisco, CA 94105 JEFFREY B. harrison, esq., One Daniel Burnham Court, Suite 220C, San Francisco, CA 94109 HERRON S HERRON, 600 Montgomery Street, 33rd Floor, San Francisco, CA 94111 HOBERG, FINGER, et al., 703 Market Street, 18th Floor, San Francisco, CA 94103 JARVIS, MILLER, t al., 221 Main Street, Suite 1001, San Francisco, CA 94105 KAZAN, McCLAXN, et al., 171 Twelfth Street, Suite 300, Oakland, CA 94612 GEORGE w. RILBOURNE, ESQ., 3755 Alhambra Avenue, Suite S, Martinez, CA 94553 LAW OFFICES OF KENNETH L. KNAPP, 1109 Quail Street, Newport Beach, CA 92660 McCarthy, Johnson & killer, 595 Market street, suite 2200, San Francisco, CA 94105 RAMSEY & PRICE, 727 w. Seventh Street, Suite 624, Los Angeles, CA 90017 REILLY, BALKAN HANDEL, 1390 Market Street, "Suite -6, "San "Franci*stx>, CA 94102 JOHN c. ROBINSON, ESQ., 940 Adams Street, Suite B, Benicia, CA 94510 ROSENTHAL LEFF, loo Bush Street, Suite 850, San Francisco, CA 94104 SAYRE, MORENO, et al., 10866 Wilshire Blvd., 4th Floor, Los Angeles, CA 90024 STEVEN STEIN, ESQ., 150 Spear Street, Suite 1800, San Francisco, CA 94105 STERNS WALKER, 280 Utah Street, San Francisco, CA 94103 GERALD J. TIERNAN, ESQ., 165 Fell Street, San Francisco, CA 94102 SOLP(7/16/90) IK RE COMPLEX ASBESTOS LITIGATION - SOLANO COUNTY DEFENSE COUNSEL PROOF OF SERVICE ANDERSON, GALLOWAY, et al., 1676 N. California, Suits 500, Walnut Creek. CA 94596 ARCHER, HcCOMAS, et al., 2033 N. Main.Street, Suite 800, P.O. Sox 8035, Walnut Creek, CA 94596 BARFIELD, DRYDEN, et al., One California Street, Suite 3125, San Francisco, CA 94111 BENNETT, SAMUELSEN, et al., 1951 Webster street, Suite 200, Oakland, CA 94612 BERRY fi BERRY, 505 - 14th Street, 12th Floor, Oakland, CA 94612 BJORX, FLEER, et'ai., 483 - 5th Street, Oakland, CA 94612 BOGLE & GATES, 1400 KOIN Center, 222 S.W. Columbia, Portland, OR 97201 BRANSON, FITZGERALD, et al., 643 Blair Island Road, Suite 400, P.O. Box 2189, Redwood City, CA 94064 broseck, phleger, et al., Spear Street Tower, One Market Plaza, San Francisco, CA 94105 BRONSON, BRONSON, et al., 100 " 8" Street, Suite 400, Santa Rosa, CA 95401 CLAPP, MORGNBY, et al., 4400 Bohannon Drive, Suite 1O0, Menlo Park, CA 94025 CROSBY, HEAFEY, et al., 1999 Harrison Street, Oakland, CA 94612 ERICKSEN, ARBUTHNGT, et al., 1304 Willow Street, Martinez, CA 94553 FINAN, white & PAETZOLD, 150 Spear Street, Suite 1725, San Francisco, CA 94105 GILLES 6 NICORA, 1900 Esbarcadero, Suite 300, Oakland, CA 94 606 GLASPY fi GLASPY, 201 N. Civic Drive, Suite 24 5, Walnut Creek, CA 94596 GORDON fi REES, 275 Battery Street, 20th Floor, San Francisco, CA 94211 HARDIN, COOK, et al., 1999 Harrison Street, 18th Floor, Oakland, CA 94612 HARRINGTON, FOXX, et al., 611 W. Sixth Street, 30th Floor, Los Angeles, CA 90017 HASSARD, BONNINGTON, et al., 5 Fremont Center, 50 Fremont Street, Suite 3400, San Francisco, CA 94105 RICKARD KILDEBRANDT, ESQ., "75? Tv'est '9th "Street, "Stfh "Pedro, Cft -90751 nancy E. HUDGINS, esq., 605 Market Street, suite 700, San Francisco, CA 94105 JACKSON, WALLACE fi Hayden, 33 New Montgomery Street, 18th Floor, San Francisco, CA 94105 KINCAID, GIANUN2IO, et al., 200 Webster Street, Suite 200, P.O. Box 1828, Oakland, CA 94604 XNOX, RICXSEN, et al., 1999 Harrison Street, Suite 1700, Oakland, CA 94612-3500 LAW OFFICES OF JOHN LADD, 1683 Folsoia Street, San Francisco, CA 94102 LANDELS, RIPLEY fi DIAMOND, Hills Plaza, 350 Steuart Street, San Francises, CA 94105-1250 LATHAM fi WATKINS, 633 West Fifth Street, Suite 4000, Los Angeles, CA 90071 MCDONALD, PERBSSINA, et al., 635 Sacramento Street, Suite 720, San Francisco, CA 94111 SOLD(7/16/90) - 1  I McGLYNN, KcLORG, st al., Ssyside Plaza, 183 iml;arcadsro, Suite 200, San Francisco, CA S4105 McNAMARA, HOUSTON, et al., 1211 Newell Avenue, Suite 202, P.o. Box 5288, Walnut Creek, CA 94596 KORGENSTEIN & JtJBELIRER, 101 Market Street, 6th Floor, San Francisco, CA 94105 PARICKAN/ RENBERG, et al., 2350 West Shaw, Suite 154, Fresno, CA 93794 POPELKA, ALLARD, efc al., 160 West Santa Clara Street, suite 1300, San Jose, CA 95113 ROPERS, KAJE8KX, et al., 1001 Marshal;, street, Redwood City, CA 94063 SHIELD & SMITH, 580 California Street, Suite 1400, San Francisco, CA 94104 BT. CLAIR, ZAPPETINI, MCFETRIDGE & GRIFFIN, One Montgomery Street, Suite 1400, San Francisco, CA 94104 STUKBOS & MASON,'800 - 9th Street, Suite 200, P.O. Box 868, Sacramento, CA 94804 S0LLIVAN, ROCHE, et al., 333 Bush Street, 18th Floor, San Francisco, CA 94104 TARRINGTON, O'CONNOR, et al.. One Market Plaza, Spear Street Tower, Suite 4100,. San Francisco, CA 94105 THELEN, MARRIN, et al.. One Raiser Plaza, Suite 1950, Oakland, CA 94612 THOMPSON & HELLER, 3600 American River Drive, Suite 150, Sacramento, CA 95864 WALSWORTH, FRANKLIN, et al., Ill Sutter street, 19th Floor, San Francisco, CA 94104 WRIGHT, ROBINSON, et al., 44 Montgomery Street, 18th Floor, San Francisco, CA 94104 SOLD{7/16/90} - 2