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FILE NAME Kaiser Gypsum KG DATE 1999 DOC KG053 DOCUMENT DESCRIPTION Legal - 1st Updated Responses to Standard Interrogatories GABRIEL A. JACKSON ESQ State Bar No. 98119 PAUL J. GAMBA ESQ State Bar No. 146097 JACKSON & WALLACE LLP 580 California Street 15th Floor San Francisco CA 94104 415 982-6300 Attorneys For Defendant KAISER GYPSUM COMPANY INC ged IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 IN RE SAN FRANCISCO COUNTY COMPLEX ASBESTOS LITIGATION 12 13 14 15 No. 828684 KAISER GYPSUM COMPANY INC.'S FIRST UPDATED RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO DEFENDANTS 16 17 PROPOUNDING PARTY Plaintiffs 18 RESPONDING PARTY = Defendant KAISER GYPSUM COMPANY INC 19 SET 20 DATE Standard July 30 1999 21 COMES NOW defendant KAISER GYPSUM COMPANY INC hereinafter 22 KAISER GYPSUM and provides the following First Updated Responses to Plaintiffs 23 Standard Interrogatories To All Defendants propounded pursuant to San Francisco 24 County Complex Asbestos Litigation General Order No. 129 25 Hf 26 HI 27 // 28 Hf 1 Kaiser Gv^sum'sFirst Undated Responses to Plaintiffs Standard Interrogatories to Defendants KAISER GYPSUM'S PRELIMINARY STATEMENT KAISER GYPSUM submits this preliminary statement to memorialize certain steps taken to implement the standard discovery regime adopted pursuant to the revised General Orders filed November 15 1996 governing asbestos personal injury and wrongful death cases filed in San Francisco Superior Court Under the terms of General Order No. 129 all defendants must respond to the Plaintiffs Standard Interrogatories To All Defendants without objection even where those interrogatories appear objectionable under the rules defined by California statutes and appellate precedent The General Orders do contemplate that plaintiffs counsel must meet and confer with defendants and 10 consider a specific defendant's concerns with the standard interrogatories as applied to 11 that defendant's factual and litigation circumstances In KAISER GYPSUM's case that 12 process proved sufficiently successful that KAISER GYPSUM did not believe it 13 necessary to file a motion seeking judicial relief from the burdensomeness that would 14 arise in KAISER GYPSUM's circumstances from responding to the literal terms of the 15 discovery 16 The meet and confer process was structured pursuant to an April 24 1997 letter 17 circulated by plaintiffs counsel In accordance with that procedure KAISER GYPSUM 18 - held a meet and confer session with certain plaintiffs counsel on May 15 1997 as 19 contemplated by their April 24 1997 letter During that session agreements were 20 reached on interpretations of numerous specific provisions of the subject standard 21 interrogatories which have since been concurred in by plaintiffs counsel that did not 22 attend the May 15 1997 meeting KAISER GYPSUM's pursuit of its 23 burdensomeness objections remains contingent on continued realization of the 24 agreements reached at the May 15. 1997 meeting 25 KAISER GYPSUM also stated other objections to the subject Plaintiffs Standard 26 Interrogatories during the course of the proceedings leading to their adoption Those 27 objections concerned both the concept of using standard interrogatories for discovery 28 unrelated to the resolution of cases or controversies before the Court objections to the 2 Vaicor Vaicor Cuncum's Cuncum's First Undated Undated Dosnonces Dosnonces to Dlaintiffs Dlaintiffs Dlaintiffs Standard Standard Interrogatories Interrogatories to Defendante Defendante procedures underlying the development and adoption of the standard interrogatories and objections to specific aspects of the standard interrogatories on grounds other than burdensomeness all of which objections were either accepted or implicitly rejected through adoption of the final standard interrogatories KAISER GYPSUM hereby makes express on the record that by serving its Responses to Plaintiffs Standard Interrogatories To All Defendants KAISER GYPSUM neither intends to nor does it waive its rights to press those objections at an appropriate future opportunity both in the context of specific cases before the Superior Court and on appellate review KAISER GYPSUM objects to Plaintiffs Standard Interrogatories To All 10 Defendants to the extent that they call for information protected by the attorney 11 privilege or product doctrine 12 This Preliminary Statement and the objections contained herein are incorporated 13 into each of the responses set below 14 KAISER GYPSUM'S RESPONSES TO INTERROGATORIES 15 ~ KAISER GYPSUM has not manufactured or marketed any products which 16 contained asbestos as a component since 1976. Accordingly KAISER GYPSUM's 17 Responses to Plaintiffs Standard Interrogatories are based almost entirely on its ongoing 18 review of documents presently available to The Company These interrogatory responses 19 reflect KAISER GYPSUM's knowledge at this time and supersede any previous 20 interrogatory answers KAISER GYPSUM reserves the right to further supplement these 21 responses in the event that more complete or accurate information becomes available 22 RESPONSE TO INTERROGATORY NO 1 23 Joseph R. Hobby Vice President 2680 Bishop Drive Suite 225 San Ramon 24 California 94583 25 RESPONSE TO INTERROGATORY NO 2 26 80-3 Assistant Director Labor Relations Industrial Relations Department 27 87-11 Administrative Manager 28 Industrial Relations Department TZTZ on, SU eS 3 ee *. ee ee er a, a ) present Vice President RESPONSE TO INTERROGATORY NO 3 KAISER GYPSUM is a corporation A. KAISER GYPSUM COMPANY INC B. Washington C. KAISER GYPSUM was organized in 1952. Specifically on June 19 1952 Permanente Cement Company later known as Kaiser Cement Corporation formed a wholly subsidiary named KAISER GYPSUM COMPANY a California Corporation 10 On December 1 1952 KAISER GYPSUM COMPANY was merged into Pacific 11 Coast Cement Company another subsidiary of Permanente Cement Company and the 12 name of the combined company was then changed to KAISER GYPSUM COMPANY 13 INC 14 D. KAISER GYPSUM's principal place of business is located at 3000 Busch | 15 Road Pleasanton California 94566 16 E. KAISER GYPSUM has held a certificate of authority to do business in 17 California from 1952 to the present 18 F. KAISER GYPSUM is a wholly owned subsidiary of Kaiser Cement 19 Corporation whose principal place of business is located at 3000 Busch Road 20 Pleasanton California 94566 21 G. 3000 Busch Road Pleasanton California 94566 | 22 RESPONSE TO INTERROGATORY NO 4 23 No. 24 RESPONSE TO INTERROGATORY NO 5 25 Not applicable 26 RESPONSE TO INTERROGATORY NO 6 27 Not applicable 28 Mf RESPONSE TO INTERROGATORY NO 7 Not applicable RESPONSE TO INTERROGATORY NO 8 Not applicable RESPONSE TO INTERROGATORY NO 9 Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon California RESPONSE TO INTERROGATORY NO 10 A.-C. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon California - 10 RESPONSE TO INTERROGATORY NO 11 11 KAISER GYPSUM has no knowledge that it ever employed a company 12 physician or medical director During the early 1970's Mr. A.J. Trommershausen an 13 industrial hygienist who was not an employee of KAISER GYPSUM was retained by 14 KAISER GYPSUM as a consultant to conduct plant inspection and air sampling tests to 15 evaluate and ensure compliance with new U.S. Occupational Safety and Health 16 Administration requirements 17 RESPONSE TO INTERROGATORY NO 12 18 Melissa A. Youngman former Treasurer was deposed on March4 and 19 5 1993 in the following cases Donald Breslin v Abex et al San Francisco County 20 Superior Court Case No. 943928 Coy Cossey v Abex et al San Francisco County 21 Superior Court Case No. 920148 Norma E. Olsen v Abex et al San Francisco County 22 Superior Court Case No. 914594 and Ray Parson v Abex et al San Francisco County 23 Superior Court Case No. 944872. The court reporter was Tooker & Antz 818 Mission 24 Street San Francisco CA 94102. Plaintiff's attorney was Brayton Harley and Curtis 25 Joseph R. Hobby Vice President of KAISER GYPSUM COMPANY INC was 26 deposed in the following cases Leonard R. Pacheco v Owens Corning et al State of 27 Hawaii Case No. 97-2517-06 Atkinson Court Reporters 53rd Street Suite 625 28 San Francisco California 94103 In Re Complex Asbestos Litigation San Francisco S Superior Court Case No. 828684 June 4 1998 Tooker & Antz Court Reporters RESPONSE TO INTERROGATORY NO 13 A.-U. No. V. KAISER GYPSUM was a member of the Gypsum Association Further | details regarding this are unknown as discovery is ongoing W. KAISER GYPSUM is not aware that any one individual served as its representative to the Gypsum Association RESPONSE TO INTERROGATORY NO 14 A. The precise dates of KAISER GYPSUM's membership in the Gypsum 10 Association are unknown It is believed that such membership extended from the 1950's 11 to approximately 1977 12 B. KAISER GYPSUM believes that it may have occasionally received 13 minutes of meetings and other informational literature from the Gypsum Association 14 .C KAISER GYPSUM is currently unable to locate information regarding the 15 names of any committee or subcommittee of which it was a member nor the dates of 16 such committee or subcommittee membership 17 RESPONSE TO INTERROGATORY NO 15 18 A. KAISER GYPSUM has no knowledge that it ever received documents 19 containing results or conclusions of any such studies and tests prior to 1973 . 20 RESPONSE TO INTERROGATORY NO 16 21 A. KAISER GYPSUM has no knowledge that it ever received copies or 22 portions of any such studies and tests prior to 1973. KAISER GYPSUM has never 23 been insured by Metropolitan Life Insurance Company 24 RESPONSE TO INTERROGATORY NO 17 25 A. KAISER GYPSUM has no knowledge that it ever received documents 26 containing results or conclusions of the Saranac Laboratory studies or any such studies 27 conducted by any other laboratory prior to 1973 28 III 6 Kaiser Gypsum's First Undated Responses to Plaintiffs Standard Interrogatories to Defendants RESPONSE TO INTERROGATORY NO 18 A. KAISER GYPSUM has no knowledge that it ever maintained a library or other authorized collection of printed material on occupational disease or asbestos hazards prior to 1973 RESPONSE TO INTERROGATORY NO 19 A.-B. During the early 1970's Mr. A.J. Trommershausen an industrial hygienist was retained by KAISER GYPSUM as a consultant to conduct plant inspection and air sampling tests to evaluate and ensure compliance with U.S. Occupational Safety and Health Administration requirements 10 On December 27 1971 KAISER GYPSUM's Commodity Purchasing Manager 11 R.W. Grigg deceased wrote to each of KAISER GYPSUM's raw asbestos suppliers 12 These inquiries included a request for information concerning precautions recommended 13 for handling raw asbestos in KAISER GYPSUM's manufacturing facilities as well as for 14 contractors using and applying containing products 15 In July 1973 KAISER GYPSUM personnel participated in an ad hoc committee 16 formed by the Gypsum Association to consider the implications of 1972 Occupational 17 Safety and Health Administration regulations with respect to the release of asbestos fibers 18 during sanding and mixing of joint compounds Tests were conducted on behalf of 19 the committee to measure amounts of asbestos and siliceous dusts generated during . 20 mixing and sanding ofjoint compounds on typical jobs 21 C. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon : 22 California 23 RESPONSE TO INTERROGATORY NO 20 24 No. 25 RESPONSE TO INTERROGATORY NO 21 26 A.-C. During the early 1970's Mr. A.J. Trommershausen an industrial 27 hygienist was retained by KAISER GYPSUM a as consultant to conduct plant inspection 28 and air sampling tests to evaluate and ensure compliance with U.S. Occupational Safety 7 Kaiser Gvpsum's First Updated Responses to Plaintiffs Standard Interrogatories to Defendants and Health Administration requirements Plant inspection and air sampling tests were conducted at the following California plants Antioch 8/71 4/72 and 7/72 Santa Ana 9/71 The addresses of these plants were Antioch Plant Wilbur Avenue Antioch California Santa Ana Plant 1302 Ritchey Street Santa Ana California D. KAISER GYPSUM believes that all such documents regarding its Response to Interrogatory No. 21 CONTAINING have been previously provided to plaintiffs attorneys E. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon California 10 RESPONSE TO INTERROGATORY NO 22 11 A.-E. Other than the plant inspections described in its response to Interrogatory 12 No. 21 KAISER GYPSUM has conducted no such tests 13 RESPONSE TO INTERROGATORY NO 23 14 No. 15 RESPONSE TO INTERROGATORY NO 24 16 Beginning in the early 1970's KAISER GYPSUM began providing medical 17 examinations for those employees involved in the manufacture of containing 18 - products 19 A. The examinations included chest rays and pulmonary function tests 20 B. The examinations were mandatory for those employees involved in the 21 manufacture of containing products 22 C. Yes 23 D. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon 24 California 25 RESPONSE TO INTERROGATORY NO 25 26 No. 27 RESPONSE TO INTERROGATORY NO 26 28 A.-D. KAISER GYPSUM is insured under a number of general corporate 8 Kaiser Kaiser Gvnsum's First Undated Responses to Plaintiffs Standard Interrogatories to Defendants liability insurance policies that were issued by primary insurance carriers including Truck Insurance Exchange Fireman's Fund The Home Insurance Company and National Union Insurance Company which KAISER GYPSUM maintains provide coverage for personal injury claims Certain policy terms and conditions are subject to disputes between KAISER GYPSUM and its carriers KAISER GYPSUM also believes that it is insured under a number of excess liability insurance policies that were issued by a number of different insurance carriers including some that may no longer be capable of responding to their obligations The terms and conditions of these excess policies may be subject to dispute KAISER GYPSUM has prepared a summary of insurance information 10 in chart form which is attached hereto as Exhibit A. 11 KAISER GYPSUM will supplement this response in the event the circumstances 12 in a particular case may make more detailed information on insurance policies of 13 relevance taking into account the carrier and dispute resolution status pertaining at that 14 time 15 RESPONSE TO INTERROGATORY NO 27 16 No. 17 RESPONSE TO INTERROGATORY NO 28 18 No. 19 RESPONSE TO INTERROGATORY NO 29 : 20 Not applicable 21 RESPONSE TO INTERROGATORY NO 30 22 A. See response to 30 and 30 223 B. No. 24 See response to 30 and 30 D. 25 See response to 30 and 30 26 Yes 1952 to 1976 27 See response to 30 and 30 28 G. Yes 1952 to 1976 Vainor Vainor Vainor Cummoum'a Cummoum'a CummoumC'ummaoum'a Dirat Undated Undated UndatUndateed dUndated D oe eee eee ee ee te OaH eee wd ITY kk a H. No. RESPONSE TO INTERROGATORY NO 31 I. Kaiser Gypsum's Business Gypsum Plaster Gypsum Lath and Gypsum Wallboard - No Asbestos Used KAISER GYPSUM was organized by Henry J. Kaiser 1882-1967 the famous industrialist and World War II hero in 1952 and terminated its United States sales and manufacturing in 1978. Between 1952 and 1978 KAISER GYPSUM's principal business consisted of manufacturing and marketing gypsum plaster gypsum lath and gypsum wallboard These products never contained asbestos The word gypsum is 10 derived from the Greek word gypso meaning chalk Gypsum plaster is sometimes 11 called Plaster of Paris Gypsum occurs in nature in rock form and is found in abundance 12 in Baja California Mexico 13 A. Wallboard Joint Compounds - Asbestos Used As A Component 14 When the walls or ceilings of a room are made from gypsum wallboard large 15 pieces of wallboard are installed side by side leaving small spaces where two pieces of 16 wallboard meet These spaces need to be filled so that they cannot be seen after the wall 17 is painted or covered with wallpaper The products used to perform that task are called 18 joint compounds or joint finishing compounds At the time of use these joints 19 compounds are thick putty or mud substances which permits them to be pushed into 20 the spaces and smoothed with a putty knife or spatula Paper or cloth reinforcing tape is 21 pushed into the joint compound to help prevent cracking as the joint compound dries 22 The joint compound dries to form a hard rock substance 23 KAISER GYPSUM manufactured and marketed such wallboard joint compounds 24 and prior to the 1970's these joint compounds contained a small percentage of 25 chrysotile asbestos as a component The purpose of the chrysotile asbestos component 26 was to prevent cracks from forming as the joint compound dried Asbestos is the Greek 27 word for incombustible which refers to things that will not burn Chrysotile is the 28 most common form of asbestos used in products in the United States Chrysotile is a wer oUF eos 10 ea elm ella Or, Pa fibrous rock material derived from the rock serpentine which is very common in California where it is the state rock These KAISER GYPSUM products were 1. Joint Cement Compound 2. Finishing Topping Compound 3 Purpose Wallboard Compound 4 Day Joint Compound 5 mix Joint Compound 6 mix Finishing Compound 10 7 mix Dual Purpose Joint Compound 11 8 mix Topping Compound 12 9 Laminating Compound 13 KAISER GYPSUM's separate responses to interrogatory subparts a for each 14 of these products are as follows 15 1 Joint Cement Compound 16 a The trade name of this product originally was Kaiser Joint Cement 17 in about 1957 it was changed to Kaiser Joint Compound 18 b KAISER GYPSUM marketedKaiser Joint Cement in 1952 but did 19 not itself manufacture all of the product sold KAISER GYPSUM does not know 20 whether the manufactured product marketed in in 1952 contained asbestos as a 21 component KAISER GYPSUM began manufacturing Kaiser Joint Cement in 1952 or 22 1953 at which time chrysotile asbestos was used as a component 23 C. KAISER GYPSUM last manufactured Kaiser Joint Compound 24 with chrysotile asbestos as a component in 1975 25 d The KAISER GYPSUM California plants that made this product 26 were located at Redwood City and Antioch These plants were in operation at different 27 times The product was manufactured at Redwood City from 1952 or 1953 to 1957 and 88 at Antioch from 1957 to 1975. Because of the heavy weight of the product low profit 11 Kaiser Kaiser Gunsum's First Undated Responses to Plaintiffs Standard Interrogatories to Defendants margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of minerals including casein or polyvinyl clay talc limestone and mica The product manufactured in KAISER GYPSUM's California plants included between % by weight and % by weight chrysotile asbestos as a component depending on the formula in effect at a given date e This product was a white to white powder It was packaged and sold in sacks of 10 lbs to 25 lbs and in boxes of 5 and 18 lbs Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and directions for its use 10 f This product was a dry powder which when mixed with water 11 formed a thick paste Upon application it dried to a hard durable surface It was used to 12 fill gypsum wallboard joints embed joint reinforcing tape finish joints and to cover and 13 finish nail heads and metal cornerbead 14 2 Finishing Topping Compound 15 a The trade name of this product was Kaiser Gypsum Finishing 16 Topping Compound 17 b KAISER GYPSUM began manufacturing Finishing Topping 18 Compound in 1955 and chrysotile asbestos was used as a component at that time 19 C. KAISER GYPSUM last manufactured Finishing Topping 20 Compound with chrysotile asbestos as a component inin 1975 21 d The KAISER GYPSUM California plants that made this product 22 were located at Redwood City and Antioch These plants were in operation at different 23 times The product was manufactured at Redwood City from 1955 to 1957 and at 24| Antioch from 1957 to 1975. Because of the heavy weight of the product low profit 25 margin and high transportation costs distribution tended to center around the location of 26 the manufacturing plant This product consisted primarily of minerals including casein or 27 polyvinyl clay talc limestone and mica The product included between 5.3 by weight 28 and % by weight chrysotile asbestos as a component depending on the formula in 12 Kaiser Kaiser Gunsum's First Undated Responses to Plaintiffs Standard Interrogatories to Defendants effect at a given time e This product was a white to white powder It was packaged and sold in sacks of 25 lbs Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and | instructions for its use f This product was a dry powder which when mixed with water formed a thick paste Upon application it dried to a hard durable surface It was used to top and finish gypsum wallboard joints 3 Purpose Wallboard Compound 10 a The trade name of this product was Kaiser Gypsum Purpose 11 Wallboard Compound 12 b KAISER GYPSUM began manufacturing Purpose Wallboard 13 Compound in 1968 and chrysotile asbestos was used as a component at that time 14 C. KAISER GYPSUM last manufactured Purpose Wallboard 15 Compound with chrysotile asbestos as a component in 1975 16 d The KAISER GYPSUM California plant that made this product 17 was located at Antioch Because of the heavy weight of this product low profit margin 18 and high transportation costs distribution tended to center around the location of the 19 manufacturing plant This product consisted primarily of minerals including casein or 20 polyvinyl clay talc limestone and mica The product included between 5.1 by weight 21 and 14.2 by weight chrysotile asbestos as a component depending on the formula in : 22 use at the time 23 e The product was a white to white powder It was packaged and 24 sold in sacks of 25 lbs Each sack was labeled with the name of the manufacturer 25 KAISER GYPSUM COMPANY INC the name of the product and directions for its 26 use 27 f This product was a dry powder which when mixed with water 28 formed a thick paste Upon application it dried to a hard durable surface It was used to ee ee 13 Dlaintiff Dlaintiff Standard Standard Interrogatorias Interrogatorias to Defendants | tape top and finish gypsum wallboard joints nailheads and metal cornerbead 4 One Joint Compound a The trade name of this product was Kaiser Gypsum Day Joint Compound Powder b KAISER GYPSUM last manufactured One Day Joint Compound Powder in 1968 and chrysotile asbestos was used as a component at that time C. KAISER GYPSUM last manufactured One Day Joint Compound Powder with chrysotile asbestos as a component in 1975 d The KAISER GYPSUM California plants that made this product 10 were located at Santa Ana and Antioch Because of the heavy weight of the product low 11 profit margin and high transportation costs distribution tended to center around the 12 location of the manufacturing plant The product consisted primarily of casein limestone 13 and mica The product included 3.4 by weight chrysotile asbestos as a component 14 e This product was a white to white powder It was packaged 15 and sold in sacks of 25 lbs Each sack was labeled with the name of the manufacturer 16 KAISER GYPSUM COMPANY INC the name of the product and directions for its 17 use 18 f This product was a dry powder which when mixed with water 19 formed a thick paste Upon application it dried to a hard durable surface It was used to 20 fill gypsum wallboard joints embed joint reinforcing tape finish joints and to cover and 21 finish nailhead and metal cornerbead 22 5 Mix Joint Compound 23 a The trade name of this product was Kaiser Gypsum Mix Joint 24 Compound 25 b KAISER GYPSUM began manufacturing Mix Joint 26 Compound in 1959 and chrysotile asbestos was used as a component at that time 27 C. KAISER GYPSUM last manufactured Mix Joint Compound 28 with chrysotile asbestos as a component in 1962 oe as ole i. 14 glen 4q aa a, a, d The KAISER GYPSUM California plant that made this product was located at Long Beach Because of the heavy weight of the product low profit margin and high transportation cost distribution tended to center around the location of the manufacturing plant This product consisted primarily of minerals including casein or polyvinyl clay talc limestone and mica The product included chrysotile asbestos as a component The percentage presently is unknown Investigation is continuing e This product was a white to white colored paste It was packaged and sold in cans of 4 or 5 gallons and in cartons of 5 gallons Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC 10 the name of the product and directions for its use 11 f This product was a thick paste material which upon 12 application dried to a hard durable surface It was used to fill gypsum wallboard joints 13 embed joint reinforcing tape finish joints and to cover and finish nailheads and 14 cornerbead 15 6 Mix Finishing Compound 16 a The trade name of this product was Kaiser Gypsum Mix 17 Finishing Compound 18 b KAISER GYPSUM began manufacturing Mix Finishing 19 Compound in 1959 and chrysotile asbestos was used as a component at that time 20 C. KAISER GYPSUM last manufactured Mix Finishing 21 Compound with chrysotile asbestos as a component in 1962 22 d The KAISER GYPSUM California plant that made this product 23 was located at Long Beach Because of the heavy weight of this product low profit 24 margin and high transportation cost distribution tended to center around the location of 25 the manufacturing plant This product consisted primarily of minerals including casein or 26 polyvinyl clay talc limestone and mica The product included chrysotile asbestos as a 27 component The percentage presently is unknown Investigation is continuing 28 e This product was a white to white colored paste It was ro am emi -~7r <;, tT 15 lk ct gy oN. FY Toc amoratorion amoratorioamoran torion to Defendante packaged and sold in cans of 4 or 5 gallons and in cartons of 5 gallons Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and directions for its use g This product was a thick paste material which upon application dried to a hard durable surface It was used to finish gypsum wallboard joints and to cover and finish nailheads and cornerbead 7 Mix Dual Purpose Joint Compound a The trade name of this product was Kaiser Gypsum Mix Dual Purpose Joint Compound 10 b KAISER GYPSUM began manufacturing Mix Dual Purpose 11 Joint Compound in 1960 and chrysotile asbestos was used as a component at that time 12 C. KAISER GYPSUM stopped manufacturing Mix Dual Purpose 13 Joint Compound with chrysotile asbestos as a component in 1975 14 d The KAISER GYPSUM California plants that made this product 15 were located at Long Beach Antioch and Santa Ana Because of the heavy weight of the 16 product low profit margin and high transportation costs distribution tended to center 17 around the location of the manufacturing plant This product consisted primarily of 18 minerals including polyvinyl clay talc limestone and mica The product included 19 between 1.5 by weight and % by weight chrysotile asbestos as a component . 20 depending on the formula in effect at a given date 21 e This product was a white to white or light colored paste 22 It was packaged and sold in gallon cans or plastic pails and 4 or gallon cartons 23 Beginning in 1966 small amounts were sold in quart plastic buckets as an 24 accommodation product for lumber dealers under the name Purpose Premix 25 Compound Each container was labeled with the name of the manufacturer KAISER 26 GYPSUM COMPANY INC the name of the product and directions for its use 27 f This product was a thick paste material which upon 28 application dried to a hard durable surface It was used to finish gypsum wallboard a ee TRAIL 16 Dlaintiffs Dlaintiffs Standard Interrogatories to Defendants joints embed joint reinforcing tape finish joints and to cover and finish nailheads and metal cornerbead 8 Mix Topping Compound a The trade name of this product was Kaiser Gypsum Mix | Topping Compound b KAISER GYPSUM began manufacturing Mix Topping Compound in 1968 and chrysotile asbestos was used as a component at that time C. KAISER GYPSUM last manufactured Mix Topping Compound with chrysotile asbestos as a component in 1976 10 d The KAISER GYPSUM California plants that made this product 11 were located at Santa Ana and Antioch Because of the heavy weight of the product low 12 profit margin and high transportation costs distribution tended to center around the 13 location of the manufacturing plant This product consisted primarily of minerals 14 including casein or polyvinyl clay talc limestone and mica The product included 15 between 0.9 by weight and % by weight chrysotile asbestos as a component 16 depending on the formula in effect at a given date 17 e This product was a white to white or light colored paste 18 It was packaged and sold in metal and plastic buckets of 4 or gallons and in cartons of 4 19 gallons Each container was labeled with the name of the manufacturer KAISER 20 GYPSUM COMPANY INC the name of the product and directions for its use 21 f This product was a thick paste material which upon 22 application dried to a hard durable surface It was used to top and finish gypsum 23 wallboard joints 24 9 Laminating Compound 25 a The trade name of this product was Kaiser Gypsum Laminating 26 Compound 27 b KAISER GYPSUM began manufacturing Laminating Compound 28 in 1961 at which time chrysotile asbestos was used as a component SF A EY cam, PE, TIL TIL TIL 17 D1 , re ae ga C. KAISER GYPSUM last manufactured Kaiser Gypsum Laminating Compound with chrysotile asbestos as a component in 1972 at which time the product was discontinued d The KAISER GYPSUM California plants that made this product were located at Antioch and Santa Ana These plants were in operation at different times The product was manufactured at Antioch from 1961 through 1970 and at Santa Ana in 1971 and 1972. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of soya flour and limestone The 10 product included between 6.5 by weight and 10 by weight chrysotile asbestos as a 11 component depending upon the formula in effect at a given date 12 e This product was a white to white powder It was packaged 13 and sold in sacks of 25 lbs Each container was labeled with the name of the 14 manufacturer KAISER GYPSUM COMPANY INC the name of the product and 15 directions for its use 16 f This product was a dry powder which when mixed with water 17 formed a thick paste It was used as an adhesive to laminate one piece of gypsum 18 wallboard to another which was occasionally done to create gypsum drywall partitions 19 having thicker wallboard than could be created by single sheet 20 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 21 the eight wallboard joint compound products discussed above are as follows 22 g KAISER GYPSUM is unsure as to the intended meaning of The 23 U.S. Government's Qualified Products List but has no knowledge that any of its 24 wallboard joint compound products ever appeared on sucha list 25 h KAISER GYPSUM is aware of the following suppliers of 26 chrysotile asbestos 27 Harrison & Crosfield Carmonia Chemical Co. 28 Western Chemical Co. _ Philip Carey Corp. Carey Canadian Asbestos Manville Union Carbide Corp. E.S. Browning Current addresses if any are not known to KAISER GYPSUM Most of the specific time periods during which these firms supplied asbestos are unknown 13 KAISER GYPSUM sold such products to customers consisting largely of building contractors or building materials dealers KAISER GYPSUM has some retained sales orders and sales invoices for some years which identify the purchasers of KAISER GYPSUM products the dates of sale the 10 amount of each product sold and in some cases the sites to which the products were to 11 be delivered Sales orders and invoices are not organized by type of product and often 12 individual documents cover sales of multiple products KAISER GYPSUM has 13 previously made available to plaintiff's attorneys its retained sales records covering sales 14 to customers in the Geographic Area 15 j KAISER GYPSUM has previously made available to plaintiff's 16 attorneys responsive documents sufficient to substantiate the above information 17 KAISER GYPSUM regards and maintains its product formulas as confidential business 18 information Incidental to the sale of production facilities in which containing - 19 products were previously manufactured KAISER GYPSUM transferred its trade secrets 20 intangible property rights and other confidential and proprietary business information 21 and assumed obligations to maintain their confidentiality 22 B. Decorative Texture Finishes For Interior Walls Or Ceilings - Asbestos Used As A Component 23 24 Drywall partitions or walls made from gypsum wallboard are sometimes 25 decorated with wall covering or wallpaper that is fixed to the wall by an adhesive or glue 26 On other occasions such walls are finished by painting them There are many varieties 27 of paint including some that are intended to create a textured surface rather than a 28 smooth surface KAISER GYPSUM manufactured and marketed several texture paint 19 products that during certain years used chrysotile asbestos as one of numerous components Drywall ceilings are sometimes finished with decorative products as are the cement slab ceilings found in some high buildings KAISER GYPSUM also manufactured and marketed decorative texture products for use on such interior ceilings that during certain years used chrysotile asbestos as one of numerous components The KAISER GYPSUM decorative wall and ceiling texture products were . Cover Texture Paint 2 Spray or Spray Cover Texture Paint 3 Kaiser Texture Paint 10 4 Cover TSS Wall Texture 11 5 Spray Ceiling Texture 12 KAISER GYPSUM's responses to interrogatory subparts f for each of these 13 products are as follows 14 1 Cover Texture Paint 15 a The trade name of this product was Cover Texture Paint 16 b KAISER GYPSUM marketed Cover Texture Paint in 1952 17 but it did not itself manufacture all of the product sold KAISER GYPSUM does not 18 know whether the manufactured product marketed in 1952 contained asbestos 19 KAISER GYPSUM began manufacturing this product in 1953 at which time chrysotile : 20 asbestos was used as a component 21 C. KAISER GYPSUM last manufactured Cover Texture Paint 22 with chrysotile asbestos as a component in 1967 when the product was discontinued 23 d The KAISER GYPSUM California plants that made this product 24 were located in Redwood City and Antioch These plants were in operation at different 25 times The product was manufactured at Redwood City from 1953 through 1957 and at 26 the Antioch plant from 1957 through 1967. Because of the heavy weight of the product 27 low profit margin and high transportation costs distribution tended to center around the 28 location of the manufacturing plant The product consisted primarily of casein xx un eee ... 20 ek ot lg , ?. a, i limestone and mica The product included between 4.4 by weight and 8.6 by weight chrysotile asbestos as a component depending upon the formula in effect at a given date e This product was a white to white powder It was packaged and sold in sacks of 25 lbs and of 50 lbs Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY, INC the name of the product and directions for its use f This product was a dry powder which when mixed with water formed a texture paint It was used to produce texture effects over gypsum wallboard surfaces 10 2 Spray Or Spray Cover Texture Paint 11 a The initial trade name of this product was Spray It was later 12 changed to Spray Cover Texture Paint 13 b KAISER GYPSUM last manufactured Spray Cover Texture 14 Paint with chrysotile asbestos as a component in 1967 when the product was 15 discontinued 16 d The KAISER GYPSUM California plants that made this product 17 were located in Redwood City and Antioch These plants were in operation at different 18 times The product was manufactured at Redwood City from 1956 through 1957 and at 19 the Antioch plant from 1957 through 1967. Because of the heavy weight of the product 20 low profit margin and high transportation costs distribution tended to center around the 21 location of the manufacturing plant The product consisted primarily of casein 22 limestone and mica The product included 6.6 between by weight and 36.6 by 23 weight chrysotile asbestos as a component depending upon the formula in effect at a 24 given date 25 e This product was a white to white powder However some 26 colored versions of the product were offered It was packaged and sold in sacks of 25 lbs 27 and of 50 lbs Each container was labeled with the name of the manufacturer KAISER 28 GYPSUM COMPANY INC the name of the product and directions for its use Vainor Cumcum'a Cumcum'a Cumcum'aDivatUndated Undate Undated Undated Dranonaco 21 Dlaintiffa Dlaintiffa Dlaintiffa Standaw Standaw Intomonotorion Intomonotorion Intomonotorion Intomonotorion Intomonotorion to Dofondanta Dofondanta f This product was a dry powder which when mixed with water formed a texture paint that was used to produce texture effects over gypsum wallboard surfaces 3 Kaiser Texture Paint a The trade name of this product was Kaiser Texture Paint b KAISER GYPSUM marketed Kaiser Texture Paint in 1952 but it did not itself manufacture all of the product sold KAISER GYPSUM does not know whether the manufactured product marketed in 1952 contained asbestos KAISER GYPSUM began manufacturing this product in 1952 or 1953 at which time 10 chrysotile asbestos was used as a component 11 C. KAISER GYPSUM last manufactured Kaiser texture paint 12 with chrysotile asbestos as a component in 1967 when the product was discontinued 13 d The KAISER GYPSUM California plants that made this product 14 were located in Redwood City and Antioch These plants were in operation at different 15 times The product was manufactured at Redwood City from 1952 or 1953 through 1957 16 and at the Antioch plant from 1957 through 1967. Because of the heavy weight of the 17 product low profit margin and high transportation costs distribution tended to center 18 around the location of the manufacturing plant The product consisted primarily of 19 casein limestone and mica The product included between 4.0 by weight and 8.0 by 20 weight chrysotile asbestos as a component depending upon the formula in effect at a 21 given date 22 e This product was a white to white powder however some 23 colored paints were sold It was packaged and sold in sacks of 10 lbs and of 25 lbs 24 Each container was labeled with the name of the manufacturer KAISER GYPSUM 25 COMPANY INC the name of the product and directions for its use 26 f This product was a dry powder which when mixed with water 27 formed a texture paint It was used to produce texture effects over gypsum wallboard 28 surfaces wr Of) 22 * rm 5, rTr tig. tm.) 2. 2 ge. Yk Om Oe . A. LA Wekbn kn a nw a dafondanta dafondanta dafondanta 4 Cover TSS Wall Texture a The trade name of this product was Kaiser Gypsum Cover TSS Wall Texture Paint b KAISER GYPSUM began manufacturing Cover Wall Texture in 1968 at which time chrysotile asbestos was used as a component C. KAISER GYPSUM last manufactured Cover Wall Texture with chrysotile asbestos as a component in 1975 d The KAISER GYPSUM California plants that manufactured this 10| 11 12 product were Santa Ana and Antioch The product was manufactured at Santa Ana from 1968 through 1975 and at the Antioch plant from 1968 through 1975. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted 13 primarily of casein limestone and mica The product included between 4.2 by weight 14 and 8.7 by weight chrysotile asbestos as a component depending upon the formula in 15 effect at a given date 16 e The product was a white to white powder It was packaged and 17 sold in 50 lb. sacks Each container was labeled with the name of the manufacturer 18 KAISER GYPSUM COMPANY INC the name of the product and directions for its ~ 19 use 20 f This was a dry powder which when mixed with water formed a 21 paint product designed for hand or spray application When dry it produced a hard 22 durable surface It was used to produce texture effects over gypsum wallboard surfaces 23 5 Spray Ceiling Texture 24 a The trade name of this product was Kaiser Gypsum Spray 25 Ceiling Texture 26 b KAISER GYPSUM began manufacturing Spray Ceiling Texture 27 in 1961 at which time chrysotile asbestos was used as a component 28 C. KAISER GYPSUM last manufactured Spray Ceiling Texture e 23 COR, Sogn? ae Nes with chrysotile asbestos as a component in 1975 d The KAISER GYPSUM California plants that manufactured this product were Santa Ana and Antioch The product was manufactured at Santa Ana from 1973 through 1975 and at the Antioch plant from 1961 through 1971. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of casein limestone and mica The product included between 1.3 by weight and 9.9 by weight chrysotile asbestos as a component depending upon the formula in effect at a given date 10 e The product was a white powder with either a mineral or 11 polystyrene aggregate It was packaged and sold in 32 lb. sacks Each container was 12 labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the 13 name of the product and directions for its use 14 f This was a dry powder which when mixed with water formed a 15 paint product designed for spray application When dry it produced a hard durable 16 surface It was used to produce texture effects over gypsum wallboard or interior 17 concrete ceilings 18 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 19 the five decorative texture products discussed above are as follows 20 g KAISER GYPSUM is unsure as to the intended meaning of The 21 U.S. Government's Qualified Products List but has no knowledge that any of its | 22 decorative texture products ever appeared on sucha list 23 h KAISER GYPSUM is aware of the following suppliers of 24 chrysotile asbestos 25 Harrison & Crosfield Carmonia Chemical Co. 26 Western Chemical Co. Philip Carey Corp. Carey Canadian Asbestos 27 Manville Union Carbide Corp. 28 E.S. Browning 24 Current addresses if any are not known to KAISER GYPSUM Most of the specific time periods during which these firms supplied asbestos are unknown 13 KAISER GYPSUM sold such products to customers consisting largely of building contractors or building materials dealers KAISER GYPSUM has some retained sales orders and sales invoices for some years which identify the purchasers of KAISER GYPSUM products the dates of the sales the amount of each product sold and in some cases the sites to which the products were to be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of multiple products KAISER GYPSUM has 10 previously made available for inspection its retained sales records covering sales to 11 customers in the Geographic Area 12 j KAISER GYPSUM has made available for inspection to plaintiffs 13 attorneys responsive documents sufficient to substantiate the above information 14 KAISER GYPSUM regards and maintains its product formulas as confidential business 15 information Incidental to the sale of production facilities in which containing 16 products were previously manufactured KAISER GYPSUM transferred its trade secrets 17 intangible property rights and other confidential and proprietary business information 18 and assumed obligations to maintain their confidentiality 19 C. Electric Radiant Heath System Finishing Products - Asbestos Used As * : A Component 20 21 In areas where electricity was expected to be particularly inexpensive some 22 houses and apartments were constructed with electric radiant heating systems In some 23 such radiant heating systems grooves were cut in gypsum wallboard ceilings and 24 electrical heating cables secured in the grooves The groove were then filled and 25 the ceiling covered with a decorative finish In other systems electric heating wires were 26 stapled to the surface of wallboard Then the ceiling was covered with a thick decorative 27 finish that would conceal the heating wires KAISER GYPSUM made several products 28 for finishing such systems and these products used chrysotile asbestos as one of oe 4 a . xmsehhlewehlUllllalt 25 a ee ++ 4 Pi 2 kbg tk bk Defondants Defondants Defondants > ose numerous components These KAISER GYPSUM products were 1. Filler Compound ... Radiant Heat Compound 3 Radiant Heath Scrimless Surfacing Compound KAISER GYPSUM's responses to interrogatory subparts f for each of these products are as follows 1 Filler Compound a The trade name of this product was Kaiser Gypsum Filler Compound 10 b KAISER GYPSUM began manufacturing Filler Compound in 11 1961 at which time chrysotile asbestos was used as a component 12 C. KAISER GYPSUM last manufactured Filler Compound with 13 chrysotile asbestos as a component in 1972 when the product was discontinued 14 d The KAISER GYPSUM California plant that made this product 15 was located at Antioch It manufactured Filler Compound from 1961 to 1970. Because 16 of the heavy weight of the product the low profit margin and high transportation costs 17 distribution tended to center around the location of the manufacturing plant The product 18 consisted primarily of minerals including limestone and mica The product used 19 chrysotile asbestos as a component in its formula but the amount of asbestos called for in 20 the formula used to manufacture the product at the Antioch plant is uncertain 21 Investigation is continuing | 22 e This product was a white to white powder It was packaged 23 and sold in sacks of 50 lbs Each container was labeled which contained the name of the 24 manufacturer KAISER GYPSUM COMPANY INC the name of the product and 25 directions for its use 26 f This product was a dry powder which when mixed with water 27 formed a thick paste Upon application it dried to a hard durable surface It was used to 28 cover Radiant Heating System ceiling surfaces ey os .oom 2 :) oe we gee 26 rr ee ee ee rr dafandenta dafndenta dafandenta dafandenta dafandenta 2 Radiant Heat Compound a The trade name of this product was Kaiser Gypsum Radiant Heat Compound b KAISER GYPSUM began manufacturing this product in 1968 at which time chrysotile asbestos was used as a component C. KAISER GYPSUM last manufactured Radiant Heat Compound with chrysotile asbestos as a component in 1974 when the product was discontinued d The KAISER GYPSUM California plant that made this product was located in Santa Ana where it was manufactured from 1968 through 1974. Because 10 of the heavy weight of the product the low profit margin and high transportation costs ~ 11 distribution tended to center around the location of the manufacturing plant The product 12 consisted primarily of sand and white portland cement The product included between 13 3.3 by weight and 3.6 by weight chrysotile asbestos as a component 14 e This product was a white to white powder It was packaged 15 and sold in sacks of 60 lbs Each container was labeled with the name of the 16 manufacturer KAISER GYPSUM COMPANY INC the name of the product and 17 directions for its use 18 f This product was a dry powder which when mixed with water 19 formed a thick paste that was used to cover radiant heating cables stapled to ceiling 20 surfaces 21 3 Radiant Heat Scrimless Surfacing Compound 22 a The trade name of this product was Kaiser Gypsum Radiant Heat 23 Scrimless Surfacing Compound 24 b KAISER GYPSUM began manufacturing this product in 25 California in 1972 at which time chrysotile asbestos was used as a component 26 C. KAISER GYPSUM last manufactured Radiant Heat Scrimless 27 Surfacing Compound with chrysotile asbestos as a component in 1974 when the product 28 was discontinued poe ~~ sor Ur lm a 27 TD a tes Oe 1 Interocatorias Interocatorias Interocatorias to Defendants Defendants aa Saga Shae d The KAISER GYPSUM California plant that made this product was located in Santa Ana where it was manufactured from 1972. Because of the heavy weight of the product the low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of sand silica flour and mica The product included % by weight chrysotile asbestos as a component e This product was a greenish powder It was packaged and sold in sacks of 25 lbs and in sacks of 50 lbs Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and 10 directions for its use 11 f This product was a dry powder which when mixed with water 12 formed a thick paste that was used to cover radiant heating cables embedded in ceiling 13 surfaces 14 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 15 the three radiant heating system surfacing products discussed above are as follows 16 g KAISER GYPSUM is unsure as to the intended meaning of The 17 U.S. Government's Qualified Products List but has no knowledge that any of its radiant 18 heating system surfacing products ever appeared on sucha list 19 h KAISER GYPSUM is aware of the following suppliers of . 20 asbestos 21 Harrison & Crosfield Carmonia Chemical Co. 22 Western Chemical Co. Asbestos Philip Carey Corp. Carey Canadian Asbestos 23 Manville Union Carbide Corp. 24 E.S. Browning 25 Current addresses if any are not known to KAISER GYPSUM Most of the 26 specific time periods during which these firms supplied asbestos are unknown 27 13 KAISER GYPSUM sold such products to customers consisting 28 largely of building contractors or building materials dealers wr oe es om6h Orr lt ltt 28 ot tNGg a 4 dD Tok acetorian acetorian acetorian to Dofondante KAISER GYPSUM has some retained sales orders and sales invoices for some years which identify the purchasers of KAISER GYPSUM products the dates of the sales the amount of each product sold and in some cases the sites to which the products were to be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of multiple products KAISER GYPSUM has previously made available to plaintiff's attorneys its retained sales records covering sales to customers in the Geographic Area j KAISER GYPSUM has previously made available to plaintiff's attorneys responsive documents sufficient to substantiate the above information 10 - KAISER GYPSUM regards and maintains its product formulas as confidential business 11 information Incidental to the sale of production facilities in which containing 12 products were previously manufactured KAISER GYPSUM transferred its trade secrets 13 intangible property rights and other confidential and proprietary business information 14 and assumed obligations to maintain their confidentiality 15 D. Gypsum Wallboard Accessories For Exterior Use - Asbestos Used As A Component 16 17 KAISER GYPSUM experimented with gypsum wallboard products for use on the 18 exterior surfaces of buildings but those products proved unsuccessful KAISER 19 GYPSUM never discovered a way for them to be manufactured that would allow them to 20 effectively withstand the wide variety of weather and temperature conditions that exterior 21 products confront Those exterior gypsum products were marketed in several test areas 22 and as in the case of interior gypsum drywall products required the use of materials to 23 fill the spaces between pieces of gypsum wallboard and to provide a decorative finish 24 KAISER GYPSUM offered products for those purposes whose components included 25 small percentages of chrysotile asbestos These products were 26 1 Terior Premix Prefill Compound 27 2 Terior Premix Wall Texture Compound 28 KAISER GYPSUM's responses to interrogatory subparts f for each of these 29 ee products are as follows 1 Terior Premix Prefill Compound a The trade name of this product was Kaiser Gypsum Terior Premix Prefill Compound & KAISER GYPSUM began and ceased marketing this product during 1975. Chrysotile asbestos was used as a component for the brief period during which this product was manufactured d The KAISER GYPSUM California plant that made this product was located at Antioch The product was marketed in a limited market area where 10 exterior gypsum wallboard was being sold on a test basis Kaiser Gypsum Terior 11 Premix Prefill Compound was made primarily of raw gypsum PVA emulsion and mica 12 The product included 1.5 by weight chrysotile asbestos as a component 13 e This product was a white to white paste It was packaged and 14 sold in metal cans and plastic buckets of 60 lbs and in cartons of 48 lbs and 60 lbs 15 Each container was labeled with the name of the manufacturer KAISER GYPSUM 16 COMPANY INC the name of the product and directions for its use 17 f This product was a paste that was used to pre joints in gypsum 18 wallboard installed on building exteriors 19 2 Terior Premix Wall Texture Compound &, 20 a The trade name of this product was Kaiser Gypsum Terior 21 Premix Wall Texture Compound 22 & KAISER GYPSUM began and ceased marketing this product 225 during 1975. Chrysotile asbestos was used as a component for the brief period during 24 which this product was manufactured 25 d The KAISER GYPSUM California plant that made this product 26 was located at Antioch The product consisted primarily of limestone acrylic emulsion 22 and mica The product included 1.5 by weight chrysotile asbestos as a component 28 e The product was a white to white paste It was packaged and 30 Voison Mo td ELLmdatad ELLmdatad ELLmdatad Desnonse Desnonse be Desnonse Dlai Dlaintn iff tDi lainf tiff f Standard Standard Interrogatories Interrogatories Interogatories Interrogatories to Defendante sold in 58 lb. metal cans plastic buckets and cartons Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and directions for its use f This product was a white to white paste that was used to provide surface texture to gypsum wallboard on building exteriors KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to the two exterior finishing products discussed above are as follows g KAISER GYPSUM is unsure as to the intended meaning of The U.S. Government's Qualified Products List but has no knowledge that any of its 10 exterior finishing products ever appeared on sucha list 11 h KAISER GYPSUM is aware of the following suppliers of 12 chrysotile asbestos 13 Harrison & Crosfield Carmonia Chemical Co. 14 Western Chemical Co. Philip Carey Corp. Carey Canadian Asbestos 15 Manville Union Carbide Corp. 16 E.S. Browning 17 Current addresses if any are not known to KAISER GYPSUM Most of the 18 specific time periods during which these firms supplied asbestos are unknown . 19 ( 1-3 KAISER GYPSUM sold such products to customers consisting 20 largely of building contractors or building materials dealers 21 KAISER GYPSUM has some retained sales orders and sales invoices for some 22 years which identify the purchasers of KAISER GYPSUM products the dates of the 23 sales the amount of each product sold and in some cases the sites to which the products 24 were to be delivered Sales orders and invoices are not organized by type of product and 25 often individual documents cover sales of multiple products KAISER GYPSUM has 26 previously made available to plaintiff's attorneys its retained sales records covering sales 27 to customers in the Geographic Area 28 j KAISER GYPSUM has previously made available to plaintiff's 31 attorneys responsive documents sufficient to substantiate the above information KAISER GYPSUM regards and maintains its product formulas as confidential business information Incidental to the sale of production facilities in which containing products were previously manufactured KAISER GYPSUM transferred its trade secrets intangible property rights and other confidential and proprietary business information and assumed obligations to maintain their confidentiality Consistent with those property rights and obligations KAISER GYPSUM is prepared to produce the formulas for containing products marketed in the Geographic Area under a confidentiality agreement 10 II Products Made At Kaiser Gypsum's Oregon Plant 11 From 1956 to 1978 KAISER GYPSUM owned and operated a plant located at St. 12 Helens Oregon whose basic capability was to make building construction products by 13 compressing wood fibers extracted from wood chips to make various types of sheets and 14 boards used in constructing buildings 15 The overwhelming majority of the products KAISER GYPSUM made at its 16 Oregon plant were sold with the trademark Firtex No product sold under this trade 17 name ever used asbestos as a component 18 Firtex products also included materials intended for use on ceilings One type 19 was tiles that could be glued or tacked to ceilings to reduce noise Another group of such 20 products was used in suspended ceilings KAISER GYPSUM found that the 21 manufacturing machinery at its St. Helens Oregon plant could be used to make ceiling 22 tiles and lay boards for suspended ceilings with various types of mineral wool as the 23 principal component instead of wood chips KAISER GYPSUM marketed such Kaiser 24 Gypsum Mineral Fibreboard products for many years KAISER GYPSUM never used 25 asbestos as a component in any of its hour rated products 26 A. Hour Rated Mineral Fiberboard Underwriters Laboratories Inc. Design - Asbestos Used As A Component 27 28 Fire code officials came to insist that in some types of buildings ceiling tiles or 32 q E Lay suspended ceiling lay boards must be able to resist fire for at least 2 hours KAISER GYPSUM attempted to qualify mineral fiberboard products manufactured at its St. Helens Oregon plant under this standard but initial efforts proved unsuccessful This was because under the fire heat of test conditions the square or rectangular mineral fiberboard products would lose their shape in less than 2 hours creating cracks between the pieces that would let the fire through causing the products to fail the test Eventually KAISER GYPSUM discovered that if small amounts of asbestos were added the mineral fiber ceiling tiles and lay boards could be made to hold their shape for 2 hours under the conditions of fire tests conducted by Underwriters Laboratories and those versions of 10 the products received the desired hour fire resistance classification KAISER 11 GYPSUM marketed the hour rated products called Underwriters Laboratories 12 Design for about a decade but the product was not very successful due in part to its high 13 costs 14 KAISER GYPSUM's responses to interrogatory subparts a.-j. for this minor 15 product are as follows 16 a The trade name of this product a mineral fiber product was Kaiser 17 Mineral Fiberboard - U.L. Rated Underwriters Laboratories Inc. Design The 18 same product was cut into ceiling tiles and lay boards for use in suspended ceilings It 19 was used for acoustical ceiling tile and suspended lay board in circumstances where a 20 hour fire resistance classification was specified Both the ceiling tiles and the lay 21 boards were sold under the trade name Kaiser Mineral Fiberboard Rated 22 Underwriters Laboratories Inc. Design 23 b KAISER GYPSUM began manufacturing Mineral Fiberboard 24 Rated with chrysotile asbestos as a component in 1963 25 C. KAISER GYPSUM last manufactured Mineral Fiberboard 26 Rated with chrysotile asbestos as a component in 1974 when the hour rated 27 product was discontinued 28 d The plant that made this product was located at St. Helens Oregon 33 This product included 1.6 by weight chrysotile asbestos as a component e This product consisted of ceiling tiles and lay boards with face side white or colored and with a perforated or fissured design for acoustical treatment The tiles were 5/8 by 12 by 12. The lay boards came in various sizes the most common being 1/2 or 5/8 by 24 by 24 and 1/2 or 5/8 by 24 by 48. They were packaged and sold in boxes of various quantities The boxes contained the name of the manufacturer KAISER GYPSUM Company Inc. the name of the product and other printed material KAISER GYPSUM's hour rated ceiling tiles and suspended ceiling lay board products in which chrysotile asbestos was used as a component 10 were required to be specially marked because they looked similar to other KAISER 11 GYPSUM mineral fiberboard ceiling tiles and lay boards that did not contain asbestos 12 as a component and building inspectors wanted to be able to check to make sure that 13 products with a hour fire resistance classification actually were being used by the 14 building contractor when those had been specified It is believed that hour rated 15 ceiling tile and suspended ceiling lay board were stamped on the back with either the 16 initial KG or the word K^ ISERGYPSUM It is believed that this marking was 17 employed during the entire period that the hour rated products were manufactured 18 by KAISER GYPSUM 19 f This product was used for acoustical ceiling tile and suspended 20 lay board in circumstances where a hour fire resistance classification was specified 21 g KAISER GYPSUM is unsure as to the intended meaning of The 22 U.S. Government's Qualified Products List but has no knowledge that any of its hour 23 rated mineral fiberboard products ever appeared on sucha list 24 h KAISER GYPSUM is aware of the following suppliers of 25 chrysotile asbestos to its St. Helens Plant 26 Loomis Chemical Co. Benson Chemical Co. 27 28 Current addresses if any are not known to KAISER GYPSUM Most of the 34 specific time periods during which these firms supplied asbestos are unknown 1-3 KAISER GYPSUM sold such products to customers consisting largely of building contractors or building materials dealers KAISER GYPSUM has some retained sales orders and sales invoices for some years which identify the purchasers of KAISER GYPSUM products the dates of the sales the amount of each product sold and in some cases the sites to which the products were to be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of multiple products KAISER GYPSUM has previously made available to plaintiff's attorneys its retained sales records covering sales - 10 to customers in the Geographic Area 11 j KAISER GYPSUM has previously made available to plaintiff's 12 attorneys responsive documents sufficient to substantiate the above information 13 KAISER GYPSUM regards and maintains its product formulas as confidential business 14 information Incidental to the sale of production facilities in which containing 15 products were previously manufactured KAISER GYPSUM transferred its trade secrets 16 intangible property rights and other confidential and proprietary business information 17 and assumed obligations to maintain their confidentiality 18 III Types of Products Kaiser Gypsum Never Made And Never Marketed 19 KAISER GYPSUM has never mined milled or marketed asbestos KAISER 20 GYPSUM never designed manufactured or marketed any product in which amosite 21 crocidolite or other amphibole forms of asbestos were used as a component KAISER 22 GYPSUM never designed manufactured or marketed floor tile pipe insulation or pipe 23 covering refractory products boiler insulation acoustical plaster sprayed fireproofing 24 or sprayed thermal insulation products KAISER GYPSUM never designed 25 manufactured or marketed any sort of brake products It never designed manufactured 25 or marketed paper products textile products or roofing products in which asbestos was 27 used as a component KAISER GYPSUM never designed manufactured or marketed 28 any products intended for use in ships or shipyards or any products intended for use in 35 trains or other railroad equipment or railroad facilities IV Null Type Gypsum Wallboard - Allegedly Contaminated Vermiculite Ore This part of KAISER GYPSUM's response though not directly called for by the subject interrogatories is being made in light of earlier versions of KAISER GYPSUM's responses to standard interrogatories and evolving knowledge in the context of historical regulatory uncertainties about whether vermiculite ore used as a component in some Kaiser Gypsum Null Type Gypsum Wallboard products which may have been contaminated in a way that caused certain workers to be exposed to airborne asbestos 10 KAISER GYPSUM's position is that no Kaiser Gypsum Null Type Gypsum 11 Wallboard using vermiculite ore as a component could have been a substantial 12 contributing factor to any disease caused by exposure to airborne asbestos fibers 13 As background in 1954 KAISER GYPSUM introduced Null brand 14 wallboard a 5/8 thick gypsum wallboard that was approved by the Research Committee 15 of the Pacific Coast Building Officials Conference and certified by the National Board of 16 Fire Underwriters for a hour rating Wallboard products that were rated were 17 labeled as Type X to distinguish them from ordinary gypsum wallboard products that 18 had not passed rating tests 19 When introduced in 1954 the primary component of KAISER GYPSUM's Null- 20 Fire wallboard was gypsum stucco which is the gypsum plaster that forms the greatest 21 percentage by weight of all gypsum wallboard KAISER GYPSUM found that by 22 adding small proportions of glass fiber and perlite a board could be constructed that 23 would resist shrinking and cracking under the heat of the fire test for the required one- 24 hour period Perlite is a very light substance white in color that looks like puffed 25 breakfast cereal It is often used in soil for potted plants to help keep the soil from 26 caking 27 KAISER GYPSUM continued to market its Null Type X Gypsum 28 Wallboard products that contained perlite for more than a decade following their 36 introduction in 1954 Until 1965 KAISER GYPSUM could not use vermiculite to provide fire protection in gypsum wallboard because other companies had secured patents from the United States government which gave them exclusive rights to use vermiculite in their gypsum wallboard products In 1965 KAISER GYPSUM began using vermiculite in its wallboard products to provide increased protection against fire Vermiculite is a mica- like mineral found in the ground in a number of places Such expanded vermiculite is used by nurseries everywhere to help hold air and moisture in plant soil so that young plants will grow faster and stronger 10 Once rated and approved KAISER GYPSUM began marketing vermiculite- 11 containing gypsum wallboard under its Null brand KAISER GYPSUM 12 manufactured limited quantities of Null Type X Wallboard beginning in 1967 13 and began manufacturing 5/8 Null Type X Wallboard in 1969. It continued to 14 market such products until it disposed of the last of its gypsum business in April 1978 15 Like other wallboard products those Null wallboards consisted primarily of 16 gypsum plaster The formulas varied over the years but the vermiculite ore percentage 17 did not exceed % by weight of the products 18 Controversy concerning vermiculite reflects the regulatory proposals published 19 and regulations adopted by the U.S. Occupational Safety and Health Administration 20 OSHA OSHA is a U.S. government agency created by federal legislation in 1970 21 that adopts and enforces workplace safety and health regulations OSHA has been 22 controversial from the beginning California's parallel state program was terminated 23 several years ago 24 The federal OSHA undertook to regulate exposure to asbestos in the workplace 25 as one of its first regulatory undertakings and OSHA adopted regulations on asbestos in 26 1972. In due course OSHA began to threaten manufacturers who used various 27 substances other than asbestos with charges of violating the OSHA asbestos exposure 28 regulations This triggered a lasting legal and scientific dispute concerning what 37 Kaiser Kaiser Gunsum'Gus nsum's First Undated Responses to Plaintiffs Plaintiffs Standard Interrogatories to Defendants minerals are asbestos for purposes of the OSHA regulations and what minerals should be regulated like asbestos even if they are not asbestos In that context vermiculite supplier W.R. Grace & Co. hereinafter Grace issued an Important Notice to Vermiculite Ore Processors dated March 17 1976 warning that employers of workers handling vermiculite ore should be aware of the OSHA regulations because OSHA was applying them to Grace vermiculite plants and proposed to make the regulation of dust more strict under the regulations Grace stated that the issues related to vermiculite reflected a tramp mineral found in vermiculite deposits named tremolite defined by OSHA as one of the asbestos family Disputes 10 over these OSHA proposals persisted for years Then on June 20 1986 OSHA 11 published in the Federal Register at 51 Fed Reg 22612 a final rule that defined 12 asbestos to include tremolite and applied asbestos exposure limits and warnings to 13 tremolite However shortly thereafter those regulations were stayed that is not made 14 effective by OSHA as to tremolite and several other minerals to prevent the federal 15 courts from deciding whether the regulations were arbitrary and capricious See 51 16 Fed Reg 37002 Oct. 17 1986. The scientific and regulatory debate continued for years 17 until OSHA published regulations in 1992 57 Fed Reg 24310 June 8,1992 declaring 18 - that some tremolite is platy or fibrous and that platy tremolite would not be 19 deemed to be asbestos 20 However OSHA found other tremolite was fibrous or asbestiform and that such 21 asbestiform tremolite would be regulated as asbestos OSHA further limited these 22 regulations by providing that even products with asbestiform tremolite would not be 23 subject to asbestos regulation if asbestiform tremolite is present in a product in 24 concentrations less than 1.0 percent by weight 25 KAISER GYPSUM admits that for a limited number of years some of its Null- 26 Fire products contained vermiculite but KAISER GYPSUM denies that these products 27 contained asbestiform tremolite KAISER GYPSUM further contends that any attempt 28 under state law to deem any products that have less than the amount that would subject 38 Vainos Vainos Vainos Cumsum'a Cumsum'a CumsumC'umsaum'a Firat LindLinda ated tLinde ated dLindated Desmonses to Desmonses Dlaintiffs DlaintDlaintifs iDlafinftifsfs Standard Standard Interrogatories to Defendants : & them to federal regulation to be containing products would be preempted by federal law and the Supremacy Clause of the U.S. Constitution RESPONSE TO INTERROGATORY NO 32 Not applicable RESPONSE TO INTERROGATORY NO 33 Not applicable RESPONSE TO INTERROGATORY NO 34 Not applicable RESPONSE TO INTERROGATORY NO 35 10 _ KAISER GYPSUM is unaware of entering into any such rebranding agreements 11 RESPONSE TO INTERROGATORY NO 36 12 During 1952 KAISER GYPSUM purchased JointJoint Cement Cover Texture 13 Paint and Kaiser Texture Paint from Wesco Waterpaints Inc. then located in 14 Berkeley California that was packaged under KAISER GYPSUM's name It is unknown 15 to KAISER GYPSUM whether asbestos was used as a component of those products 16 During December 1953 KAISER GYPSUM entered into an agreement with Wesco 17 Waterpaints Inc. then located in Berkeley California to purchase Joint Cement 18 Topping Compound and Texture Paint packaged under KAISER GYPSUM's name for a 19 period of 90 days It is unknown to KAISER GYPSUM whether any products purchased 20 had asbestos as a component KAISER GYPSUM has no information demonstrating that 21 any product obtained from Wesco Waterpaints Inc. was an containing product 22 KAISER GYPSUM knows of no other agreement entered by it that provided for 23 rebranding any product of another company's which may have been an asbestos- 24 containing product in KAISER GYPSUM's name for sale in California 25 RESPONSE TO INTERROGATORY NO 37 26 Yes as to products marketed in 1972 or thereafter 27 A. Beginning in 1972 in response to regulations adopted by the U.S. 28 Occupational Safety and Health Administration see 37 Fed Reg 11318 June 7 1972 39 KAISER GYPSUM affixed caution labels to the packages and containers of its asbestoscontaining products The OSHA regulations requiring this label were made subject to the limitation that no label is required where asbestos fibers have been modified by a bonding agent coating binder or other material so that during any reasonably foreseeable use handling storage disposal processing or transportation no airborne concentrations of asbestos in excess of the exposure limits prescribed in paragraph B. of this section will be released In light of existing ambiguities as to what tests OSHA would recognize as adequate to demonstrate a product's falling within this exception KAISER GYPSUM applied the caution label to all its manufactured products in 10 which chrysotile asbestos was used as a component 11 Initially the labels were four inches by eight inches in size and had yellow 12 backgrounds with red letters They were affixed to the bag or container of the product by 13 adhesive in a prominent place Later as new bags and containers were purchased the 14 labels were printed onto the side of the bag or container and are believed to have been the 15 same color or colors as the container or the printing thereon The warning label as 16 prescribed by OSHA read 17 CAUTION contains asbestos fibers avoid creating dust breathing asbestos dust may cause serious bodily harm 18 19 Additionally KAISER GYPSUM Technical Bulletins 5703 dated October 20 1973 and 5707 dated October 1973 and November 1976 prescribed the use of 21 respirators during spray application 22 B. Yes 23 C. Beginning in 1972 exact date unknown 24 D. This caution label remained unchanged during the remaining time the 25 products upon which it was used continued to contain asbestos as a component 26 E. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon 27 California 28 Ill 40 LON etseacse RESPONSE TO INTERROGATORY NO 38 Most of KAISER GYPSUM's products were sold in the form of a powder or paste therefore the name of the company was on the packaging of the product However KAISER GYPSUM's hour rated ceiling tiles and suspended ceiling lay- in board products in which asbestos was used as a component were specially marked because they looked similar to other KAISER GYPSUM Mineral Fiberboard ceiling tiles and lay boards that did not contain asbestos as a component and building inspectors wanted to be able to check to make sure the hour rated products actually were being used by the building contractor when those had been specified It is believed that 10. 11 each piece of hour rated ceiling tile and suspended ceiling lay board was stamped on the back with either the initial KG or the word KAISER GYPSUM Such 12 marking was employed during the entire period that the hour rated products were 13 manufactured by KAISER GYPSUM 14 RESPONSE TO INTERROGATORY 39 15 - KAISER GYPSUM has no knowledge that it ever purchased or otherwise 16 acquired an containing product line from another person or entity 17 RESPONSE TO INTERROGATORY NO 40 18 KAISER GYPSUM has no knowledge that it ever sold an containing 19 product line to another person or entity i, 20 RESPONSE TO INTERROGATORY NO 41 21 A.-C. KAISER GYPSUM has retained a number of brochures pamphlets 22 catalogs and other product information documents Many of these documents discuss 23 both containing products and other products and many of the documents are 24 similar KAISER GYPSUM has previously made representative documents available to 25 plaintiff's attorneys 26 D. To provide potential users of such products with information about the 27 products 28 E. Some of these documents still exist wr. _ es rm io,9%7 @ 5: @& 41 ee ee ee a, ee 10 11 12 13 14 _ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. G. California See response to A. - C. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon RESPONSE TO INTERROGATORY NO 42 The interrogatories define contract unit to mean a branch or division of a defendant which has been or is now engaged in installation and removal of raw asbestos fibers and containing products KAISER GYPSUM never had such a unit RESPONSE TO INTERROGATORY NO 43 - Not applicable RESPONSE TO INTERROGATORY NO 44 In the mid to late 1960's KAISER GYPSUM became generally aware from media industry and governmental publications of allegations that inhalation of asbestos fibers could have potential health consequences RESPONSE TO INTERROGATORY NO 45 See Response to Interrogatory No. 44 RESPONSE TO INTERROGATORY NO 46 KAISER GYPSUM has previously made documents containing the information requested available to plaintiff's attorneys RESPONSE TO INTERROGATORY NO 47 Beginning in the mid 1960's KAISER GYPSUM warned its employees concerning the hazards of inhaling asbestos dust or fiber and its employees were given additional instructions regarding the use of respirators and other methods of avoiding or limiting inhalation of asbestos A. Memoranda distributed to safety supervisors advised the use of approved respirators during exposure to asbestos dust B. Yes C. Joseph R. Hobby Vice President 2680 Bishop Drive San Ramon 42 California D. See response to subpart A. RESPONSE TO INTERROGATORY NO 48 KAISER GYPSUM has no knowledge that it ever issued such a policy RESPONSE TO INTERROGATORY NO 49 Yes See Responses to Interrogatory Nos 37 and 47 RESPONSE TO INTERROGATORY NO 50 Yes A. 29 CFR 1910.93 10 B. November 2 1973 11 C. OSHA 12 D. Unknown 13 E. KAISER GYPSUM believes the conditions alleged to be violations were . 14 changed in a manner satisfactory to OSHA 15 RESPONSE TO INTERROGATORY NO 51 16 Not applicable 17 RESPONSE TO INTERROGATORY NO 52 18 Not applicable 19 RESPONSE TO INTERROGATORY NO 53 20 Yes 21 A. KAISER GYPSUM shipped containing products through ports 22 located in the Geographic Area 23 /// 24 ||| 25 Hf 26 Ill 27 ||| 28 /Hf a B.-D. KAISER GYPSUM sales orders and sales invoices show that asbestos- containing products were shipped through the following berths located in the Geographic Area during the years 1968 through 1975 Matson Contract Yard Matson Lines Dock Matson Lines Berth 208 Matson Peters Delta Terminal Richmond Berth 154 Terminal 1 Berth 3 Encinal Terminal San Francisco 9th Avenue Pier Oakland and Berth 0 7th Street Oakland Dated August 3,19 9 3,1999 3,1999 JACKSON & WALLACE LLP 10 11 By tO Ache \ PAUL J. GAMBA 12 Attorneys for Defendant KAISER GYPSUM COMPANY INC 13 14 KAISER.400 RESPONSE GO129UPD.KG GO129UPD.KG 15 16 11 18 19 20 21 22 23 24 25 96 27 28 10 11 12 VERIFICATION TO FOLLOW 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 88 In Re San Francisco County Complex Asbestos Litigation S.F.S.C. 828684 PROOF OF SERVICE BY OVERNIGHT MAIL Code Civ Proc 1013 2015.5 STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I Cynthia Elrod declare as follows I am over 18 years of age and not a party to the within action my business address is 580 California Street 15th Floor San Francisco California 94104 I am employed in San Francisco County California On August 3 1999 I served a true copy with all exhibits of the following document KAISER GYPSUM COMPANY INC.'S FIRST UPDATED RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO DEFENDANTS on the interested parties in the referenced case by following ordinary business practices and placing for collection and overnight mailing at 580 California Street San Francisco The above document would have been deposited 10 with Federal Express for overnight delivery the same day they were placed for deposit with postage fully prepaid 11 The foregoing envelope were addressed as follows 12 Berry & Berry 13 1300 Clay Street 9th Fl Station D P.O.Box 70250 14 Oakland CA 94612-0250 Bruce L. Ahnfeldt Esq 1001 2nd St. 345 P.O. Box 6078 Napa CA 94581 15 Brayton Purcell Curtis et al Law Offices of Jack K. Clapper 65 222 Rush Landing Road 2330 Marinship Way Suite 140 P.O. Box 2109 Sausalito CA 94965 65 Novato CA 94948 18 Law Offices of Christopher E. Grell Law Offices of Dean A. Hanley 685 Market Street Suite 540 5430 Cerro Sur Street 19 San Francisco CA 94105 El Sobrante CA 94803-3873 20 Harrison & DeGarmo Visse & Yanez One Daniel Burnham Ct 220 One Daniel Burnham Ct 220 21 San Francisco CA 94109 San Francisco CA 94109 22 Wartnick Chaber et al 101 California Street Suite 2200 23 San Francisco CA 94111 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on August 3 1999 25 26 27 28 GO129UPD.GK O129UG PD.KG thes Elod Elrod Cynthia