Document zQmgBdzmgx48mkGdoqG73jGJB

9 ? iri'jj / AJ. FEB - 81985 IN THE COURT OP COMMON PLEAS MONTGOMERY COUNTY, OHIO PLAINTIFF'S EXHIBIT NELLIE BRANDENBURG, etc. Plaintiff -vs JOHNS-MANVILLE SALES CORP et al. Defendants NAR-183 ) CASE NO. 82-1944 ) ) Judge Kilpatrick ) ) ) RESPONSES OF DEFENDANT, EAGLEPICHER INDUSTRIES, INC. TO PLAINTIFFS FIRST SET OP-- ) REQUEST FOR ADMISSIONS AND ) INTERROGATORIES PROPOUNDED ) TO EACH NAMED DEPENDANT ) ) Under Rules 26, 33, 34 and 36 of the Ohio Rules of Civil Procedure, you are hereby requested to: 1. Admit to the truth of each of the matters set forth in the request herein; 2. Answer fully and factually each of the Interrogatories hereinafter set out; 3. Make a written response, sign the same, swear to it, and deliver it to the attorney of record for the plaintiff herein within the time provided by Rule. You are also Instructed as follows: 1. "Defendant" and the term "you" refer to the defendant to whom these Request for Admissions and Interrogatories are propounded, and any predecessors by merger, sale of assets, or otherwise; any contract units; and any consultants; experts; investigators; agents; employees and other persons acting on its b ehalf; 2. If you do not admit the truth of the facts stated in a request for admission, you must specifically deny the same or set forth in detail the reasons why you cannot truthfully either admit or deny the statement of facts; 3. Each matter for which an admission is requested shall be deemed admitted unless your sworn response is served on the undersigned attorneys during the period of time provided; OEC 1 9 t -2- If you deny a request of the plaintiff and the plaintiff hereafter proves the truth of such matter, you may be ordered to pay the cost of proof, including plaintiff's attorney fees; 5. These answers are continuing and require supplementary answers if you or your attorney acquire further information between the time you give your answers and the time of trial; 6. Attorney for plaintiff requires that an employee with sufficient authority to admit or deny the requests herein, as well as to answer the Interrogatories on behalf of defendant, personally execute and swear to the answer-, to the following. A. Name that person, his address and occupation' answering these Interrogatories. B. State as fully as possible the exact extent and nature of your responsibility as an employee of this defendant. C. Please state the length of time you have worked'for this defendant and throughout that period of your employment, the exact extent of your responsibility. D. Please state your responsibility with regard to manufacture, sales and distribution of products containing asbestos which are produced and distributed in interstate commerce by defendant. Information provided herein, except where indicated for Eagle-Picher, is with respect only to the Fibers Department of the Chemicals and Fibers Division (now Chemicals Division) of Eagle-Picher Industries, Inc., which department was sold on December 31, 1982, and which is hereinafter referred to as the "Company," since it is the only unit of defendant which ever produced or distributed industrial insulation with which the Plaintiff may have come in contact. Eagle-Picher Industries, Inc., objects generally to Plaintiff's Requests and Interrogatories insofar as they relate to unidentified asbestos products and materials. The mineral asbestos may be found in a countless number of forms and products; e.g., floor tile, wall-board, ceiling tile, gloves, protective aprons, protective matting, gaskets, brake linings, machine insulation, electrical insulation and building materials. The Company no longer manufactures or distributes asbestos-containing insulation products. It formerly sold asbestos-containing insulation products to distributors and/or contractors, or to companies which purchased them for their own use or for resale under their own name or trade name. The Company has no knowledge of resale of its products, except - SEE PAGE 2A ATTACHED - -2A- in instances where the invoice shows shipments to other than purchaser. The Company has no sales records prior to 1965 except for some invoices for 1961 and a few miscellaneous invoices received through litigation. Sales data are based on the Company's fiscal year which is December 1 through November 30. The Company discontinued manufacturing asbestoscontaining insulation products in August, 1971 except for small quantities of "43" Finishing Cement which were manufactured throughout 1971. Additionally, small quantities of "43" were manufactured and shipped in January and April, 1972, pursuant to special orders. The only asbestos-containing products the Company distributed after 1972 were Mastics. In these products the asbestos fibers were suspended in a wet solution and could not be released into the air upon application.. Mastics were discontinued from the general product line in 1974. However the Company filled special orders, for small quantities of mastics into March, 1978, some of which were for overseas destination. The person signing these Requests and Interrogatories is: ' Mr. Robert L. Bockstahler Litigation Assistant (formerly President and General Manager of Chemicals and Fibers Division) Eagle-Picher Industries, Inc. P. O. Box 779 Cincinnati, Ohio 45201, from information in the files and through combined efforts of past and present personnel of the Company has answered these Interrogatories. Mr. Bockstahler was employed by Eagle-Picher Industries, Inc., on October 1, 1955. Until 1966 he served in various administrative and management capacities with the Celatom Department (now the Minerals Division). He was Sales Manager of the Fibers Department from December 1, 1966 to August 3, 1971 and President of the Chemicals and Fibers Division from August 3, 1971 to November 9, 1981. He is presently a Litigation Assistant; he assumed the duties of his present position on November 9, 1981. The Company's sales records reflect the following: PICKREL. SCHAEFFER & EBELING. A LEGAL PROFESSIONAL ASSOCIATION 2700 KETTERING TOWER. DAYTON. OHIO 45A23 Request for Admission No, 1; Do you admit to having sold products containing asbestos to Indland Manufacturing Division, General Motors Corporation, Daytoi Ohio, during the year 1950? Answer: Defendant can neither admit nor deny. Re quest for Admission No. 2: Do you admit to having sold products containing asbestos to George A. Pease & Co., 1401 East Dorothy Lane, Dayton, Ohio, durir 1950V Answer: Defendant can neither admit nor deny. Request for Admission No. 3? ' Do you admit to having sold products containing asbestos to R. E. Kramig & Co., Inc., and/or R. E. Kramig Company, 222 East 14th Street, Cincinnati, Ohio, and/or 323 South Wayne Avenue, Cincinnati, Ohio, during the years 1950, 1969, 1970, and 1974? Answer: Defendant can neither admit nor deny for the year 1950. Admitted for the remaining indicated years. Request for Admission No. 4: Do you admit to having sold products containing asbestos to Ralph A. Crawford, and/or Crawford Insulation Co., 1045 Philadelphia Drive, Dayton, Ohio, during the year 1950? Answer: Defendant can neither admit nor deny. -4- Request for Admission No. 5: Do you admit to having sold products containing asbestos to Middletown Development & Supply Co., Inc., First National Bank Building, Middletown, Ohio, and/or P.0. Box 369, Middletown, Ohio, and/or P.0. Box 272, Middletown, Ohio, during the years 1950, 195: I960, 1961, 1962, 1963, 1964, 1965, 1966, 1969, 1970, 1971, 1972, 1977, and 1979? Answe r: Defendant can neither admit nor deny for the years 1950, 1953, ISoO, 19ol, 1962, 1963 and 1964. Denied for the remaining years. Request for Admission No. 6: Do you admit to having sold products containing asbestos to Service Products, Inc., 415 Orange Street, Toledo, Ohio, and/or 5 North Westwood Avenue, Toledo, Ohio, during the years 1950 and 1972? Answer: Defendant can neither admit nor deny for the year 1950. Admit for the year 1972. -5- Request for Admission No. 7: Do you admit to having sold products containing asbestos to Clark* W. Booher, and/or C. W. Booher & Company, and/or C. W. Booher, Inc., 114 West Norman Avenue, Dayton, Ohio, and/or P.0. Box 53, Riverdale Station, Dayton, Ohio, during the years 1952, 1955, and 1962? Answe r: Defendant can neither admit nor deny. Request for Admission No. 8: Do vcu admit to having sold products containing asbestos ti Fargo Insulation Co., and/or Fargo Insulation Co., Inc., and/or Harry F. Fargo, 1037 South Keystone, Indianapolis, Indiana, and/o: 2120 East Clay Street, Indianapolis, Indiana, and/or 431^ North Ritter, Indianapolis, Indiana, during the year 1952? Answer: Defendant can neither admit nor deny. Request for Admission No. 9: Do you admit to having sold products containing asbestos to Johns-Manville Sales Corporation and/or Johns-Manville Products Corporation, 22 East 40th Street, New York, New York, during the years 1950, 1952, 1954, and 1955? Answer: Defendant can neither admit nor deny. Request for Admission No. 10: Do you admit to having sold products containing asbestos to Armstrong Cork Company, Liberty A Charlotte Streets, Lancaster, Pennsylvania, during the years 1950, 1951, 1952, and 1953? Answer: Defendant can neither admit nor deny. -6- Request for Admission No. 11: Do you admit to having sold products containing asbestos to Fiberglas Engineering and Supply Co., P.0. Box 89, Santa Clara, California, during the year 1953? Answer: Defendant can neither admit nor deny. Request for Admission No, 12: Do you admit to having sold products containing asbestos to " t Cork Corporation, 7101 Tonnelle Avenue, North Bergen, New Jersey, during the years 1953, 1959, I960, and 1961? Answer: Defendant can neither admit nor deny. Request for Admission No. 13: Do you admit to having sold products containing asbestos to Fiberglas Contracting & Supply Co., 4610 Smith Road, Cincinnati, Ohio, during the year 1953? Answer: Defendant can neither admit nor deny. Request for Admission No. 14: .. Do you admit to having sold products containing asbestos to Armstrong Cork Company, 209 Hanna Building Annex, Cleveland, Ohio, during the year 1953? Answer: Defendant can neither admit nor deny. -7- Request for Admission No. 15; Do you admit to having sold products containing asbestos to Percy C. Focer, Alan 0. Caldwell, and Paul I. Neff, and/or United Refractory Construction Company, 1201 Banksville Road, Pittsburgh, Pennsylvania, during the year 1953? Answer: Defendant can neither admit nor deny. Request for Admission No. 16: Do you admit to having sold products containing asbestos to North Brothers, P.0. Box 252, Atlanta, Georgia, and/or M2 Cain Street, N.E., Atlanta, Georgia, during the year 1955? Answer: Defendant can neither admit nor deny. Request for Admission No. 17: Do you admit to having sold products containing asbestos to The Philip Carey Manufacturing Company, and/or The Philip Carey Corporation, and/or Panacon Corporation, Lockland, Cincinnati, Ohio, and/or 320 South Wayne Avenue, Cincinnati, Ohio, during the year 1955? Answer: Defendant can neither admit nor deny. -8- Request for Admission No. 18: Do you admit to having sold products containing asbestos to Owens-Corning Fiberglas Corp., P.0. Box 901, Toledo, Ohio, and/or Fiberglas Tower, Toledo, Ohio, and/or 1 Levis Square, T.ledo, Ohic and/or National Bank Building, Toledo, Ohio, during the years 1967 1968, 1969, 1970, and 1971? Answer: Denied for the years 1967 and 1968. Admitted for the years 1969, 1970 and 1971. Request for Admission No. 19: Do you admit to having sold products containing asbestos to National Pipe Insulators, Inc., 37462 Colorado Avenue, P.0. Box 192, Avon, Ohio, during the years 1970, 1971, and 1972? Answer: Denied. Request for Admission No. 20: Do you admit to having sold products containing asbestos to Keene Insulation Contracting, P.0. Box 126, Tucker, Georgia, durir the year 1970? Answer: Denied. -9- Request for Admission No, 21: Do you admit to having sold products containing asbestos to Insulco, Inc., 59 Public Square, P.0. Box 375, Lima, Ohio, during the year 1970? Answer: Denied. Request for Admission No. 22: Do you admit to having sold products containing asbestos to Pogero, Inc., 2711 Lance Drive, Dayton, Ohio, during the years 1958, 1959, I960, 1961, 1962, 1963, 1964, 1965, 1969, 1972, 1973, and 1974? Answer: Defendant can neither admit nor deny for the years 1958 through 1964. Denied for the remaining indicated years. Request for Admission No. 23: Do you admit to having sold products containing asbestos to Asbestos & Magnesia Materials Co., and/or Asbestos & Magnesia Materials, Inc., and/or A & M Insulation Company, 2614 N. Clybourr Avenue, Chicago, Illinois, and/or 119/127 N. Peoria Street, Chicago, Illinois, during the year 1972? Answer: Admitted. -10- Request for Admission No. 24; Do you admit to having sold products containing asbestos to Brand Insulations, Inc., 2350 West Fulton, Chicago, Illinois, during the year 1972? Answer: Admitted. Request for Admission No. 25: Do you admit to having sold products containing asbestos to Brand Insulations, Inc., P.0. Box 86, 3ridgman, Michigan, during the years 1970, 1971, 1973, and 1974? Answer: Denied. Request for Admission No. 26? Do you admit to having sold products containing asbestos to Insulation Services, Inc., P.O. Box 7726, Tulsa, Oklahoma, and/or P.0. Box 4695, Tulsa, Oklahoma, and/or 645 West 41 Street, Tulsa, Oklahoma, during the years 1970, 1971, 1973, and 1974? Answer: Admitted. -11- Request for Admission No. 27: ' Do you admit to having sold products containing asbestos to Complete Insulation Service, Inc., 90 Vermont Avenue, Dayton, Ohi and/or Box 35, Dayton, Ohio, and/or 656 Walton Avenue, Dayton, Ohio, during the years 1973 and 1980? Answer: Denied. Request for Admission No. 28: Do you admit to having sold products.containing asbestos to Ross Brothers Construction Co., Inc., P.0. Box 767, Ashland, Kentucky, during the year 1973? Answer: Denied. Request for Admission No. 29: Do you admit to having sold products containing asbestos to ACandS, Inc., and/or A.C. AS., Inc., and/or Armstrong Contractin & Supply Corp., 120 North Lime Street, P.0. Box 15^8, Lancaster, Pennsylvania, during the years 1969, 1970, 1973, 197*1, and 1975? Answer: Admitted for the years 1969 and 1970. Denied for the remaining indicated years. -12- Request for Admission No. 30; Do you admit to having sold products containing asbestos to Keene Corporation, 3^5 Park Avenue, New York, New York, during th year 1975? Answer: Denied. Request for Admission No. 31: Do you admit to having sold products containing asbestos to .M-cya Insulation, Inc., P.0. Box 14185, Northrldge Branch, Dayto Ohio, ad/or 573^ Webster, Dayton, Ohio, during the years 1976 and 1 o?7? Answer: Denied. Request for Admission No. 32; Do you admit to having sold products containing asbestos to Cox Insulation Service, Inc., 2827 Stanton Avenue, Cincinnati, Ohio, during the year 1979? Answer: Denied. Request for Admission No. 33: Do you admit to having sold products containing asbestos to A.P.I., Incorporated, 2366 Rose Place, Roseville, Minnesota, durir the year 1980? Answer: Denied. -13- Request for Admission No. 3*4: Do you admit to having sold products containing asbestos to Master Insulation Service, Inc., 2901 Gilbert Avenue, Cincinnati, Ohio, during the year 1980? Answe r: Denied. Request for Admission No. 35: Do you admit to having sold products containing asbestos to Babcock & Wilcox, 161 East 42 Street, New York, New York, during tne years 1971, 1972, and 1975? A *** aw* Denied. Request for Admission No, 36; Do you admit to having sold products containing asbestos to Babcock & Wilcox, Bluffton, Ohio, during the years 1971, 1972, and 1973? Answer: Denied. Request for Admission No. 37: Do you admit to having sold products containing asbestos to Combustion Equipment & Insulation Co., 2301 Pittsburgh Avenue, Cleveland, Ohio, and/or 1900 Euclid Building, Cleveland, Ohio, during the years 1955 and 1956? Answer: Defendant can neither admit nor deny. Request for Admission No. 38: Do you admit to having sold products containing asbestos to Johns-Manville Sales Corporation, and/or Johns-Manville Products Corporation, Guildhall Building, 45 Prospect Avenue, N.W., Cleveland, Ohio, during the years 1957 and 1958? Answer: Defendant can neither admit nor deny. Request for Admission No. 39: jwu admit to having sold products containing asbestos to Industrial Insulation, Division of Schriber Sheet Metal & Roofers Ire., 915 South Parry Street", Dayton, Ohio, during the years 1957 1958, 1959, I960, 1961, and 1962? Answer: Defendant can neither admit nor deny. Request for Admission No. 40: Do you admit to having sold.products containing asbestos to Owens-Corning Piberglas Corporation, Cincinnati, Ohio, during the year 1962? Answer: Defendant can neither admit nor deny. -15- nequest for Admission No. 41: Do you admit to having sold products containing asbestos to Baldwin-Ehret-Hill, and/or BEH, Cincinnati, Ohio, during the years 1965, 1966, and 1967? Answer: Admit that the Company's computer printouts show a sale to Baldwin Hill in 1966; however, locations are not given. Request for Admission No. 42: Do you admit to having sold products containing asbestos to Tnaustrial Contractors, ar.d/or American Industrial Contracting, Inc., East Beaver, Sewickley, Pennsylvania, during th years 1969 and 1970? Answer: Denied for the year 1969. Admitted for the year 1970. Request for Admission No. 43: Do you admit to having sold products containing asbestos to Johns-Manville Sales Corporation, Detroit, Michigan, during the years 1971, 1972, and 1973? Answer: Denied. Request for Admission No, 44: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Miamisbur; Powerhouse, Miamisburg, Ohio, during the years 1950, 1951, 1952, 1953, 1954, and 1955? Answer: Defendant can neither admit nor deny. -16- Request for Admission No. 45: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Wright Patterson Air Force Base, Dayton, Ohio, during the years 1950, 1951, 1952, 1970, and 1971? Answer: Defendant can neither admit nor deny for the years 1950, 1951 and 1952. Denied for the remaining indicated years. Request for Admission No. 46: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the job site of the Frigidaire Plant, Dayton, Ohio, during the years 1951 and 1952? Answer: Defendant can neither admit nor deny. Request for Admission No. 47; Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Atomic Energy Research, Miamisburg, Ohio, during the years 1954 and 1955? Answer: Defendant can neither admit nor deny. Request for Admission No. 48: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Standard Oil (Vistron Co.), Lima, Ohio, during the years 1955, 1956, 1970, and 1971? . Answer: \ Defendant can neither admit nor deny for the years 1955 and 1956. Denied for the remaining indicated years. 1' -17- Request for Admission No. 49: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Dayton Power & Light, Tate Station Powerhouse, during the years 1958, 1959, I960, and 1961? Answer: Defendant can neither admit nor deny. Request for Admission No. 50: ./cu u-.ult to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Dayton Power & Light, Dayton, Ohio, during the year 1958? Answe r: Defendant can neither admit nor deny. Request for Admission No. 51: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Armco Steel, Middletown, Ohio, during the years 1962, 1965, 1966, 1967, 1968, 1969, and 1970? Answe r: Defendant can neither admit nor deny for the year 1962. Admitted for the year 1967. Denied for the remaining indicated years. -18- Request for Admission No. 52: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of the Veterans Administration Center, Dayton, Ohio, during the year 1962? Answer: Defendant can neither admit nor deny. Request for Admission No, 53: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Pickway Hospital, Pickway, Ohio, during the year 1965? Answer: Denied. Request for Admission No, 5^: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Airco Products, Middletown, Ohio, during the years 1965, 1966, and 1967 Answer: Denied. Request for Admission No. 55: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Richmond Hospital, Richmond, Indiana, during the year 1969? Answer: Denied. -19- Request for Admission No. 56: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Wabash River Station, Terre Haute, Indiana, during the year 1970? Answer: Denied. Per;t for Admission No, 57: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Cook Nuclear Generating Station, Bridgman, Michigan, during the years 1970 and 1971? Answer: Denied. Request for Admission No. 58: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the Job site of Kraft Poods, Champaign, Illinois, during the year 1971? Answer: Denied. -2 0- Request for Admission No. 59: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the job site of Detroit Edison Powerhouse, (also known as Monroe Powerhouse), Monroe, Michigan, during the years 1971, 1972, and 1973? Answer: Denied. for Admission No. 60: S' Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the job site of Ohio Bell Cincinnati, Ohio, during the year 1973? Answer: Denied. Request for Admission No. 61: Do you admit to having sold and/or shipped and/or otherwise supplied products containing asbestos to the job site of John Gavir Steam Station, Galliopolis, Ohio, during the years 1973 and 1974? Answer: Denied. -21- Interrogatorles; A. If the answer to any of the foregoing Request for Admissions is in the affirmative, please state the numbers of the Request for Admissions answered affirmatively, and provide for each such admission: (1) The names of the products sold; (2) As to the above-mentioned products, a physical description of each, indicating color, texture, shape, length, density, as applicable to that particular product; (3) As to each of the above-mentioned products, pi ease'indicate the quantities of each shipped to said company or Job site, as the case may be, during this time period; the site to which each product was shipped; and the date of shipment; (4) A description of the manner in which each product was packaged, including weight, dimensions and form (i.e. carton, sack, bulk); (5) As to each of the products mentioned above, will you provide, without a Motion to Produce, copies of: a. Any pertinent trademark, copy of said trademark, and the trademark registration number; b. The label, or a copy of the label, used in the packaging of the particular product; c. A photograph of the product itself; d. Sales brochures, specification sheets, performance data, or other promotional material, as well as any and all installation materials, data, or brochures which would have been accompanied or been distributed in connection with the installation, application or use of the abovementioned products; -2 2- (6) If you will not provide all of the above documents, please indicate the name or names of the individuals having custody of said documents or copies thereof. B. If the answer to any of the foregoing Request for Admissions is other than affirmative, state every fact upon which such answer is based. Answers to Interrogatories: 1-2, 4-5, 7-17, 19-22, 25, 27-28, 30-41, 43-50, 52-61. A. Not applicable. 3. See introductory paragraphs. 3.A. (1) See Exhibit I. (2) Cements were in a dry, granulated form. For use, they were mixed with water and trowelled on or applied by hand. Stalastic was a wet asphaltic Solution. This product was trowelled or brushed on. (.In this product, the asbestos fibers were suspended in a wet solution and could not be released into the air upon application). (3) See Exhibit I. (.4) See Exhibit I. Cements were packaged in multi wall kraft paper bags. Wet solutions were packaged in steel drums and pails. C5) (.6) Corporate Legal Department Eagle-Picher Industries, Inc. 580 Walnut Street Cincinnati OH 45202 3.B. See introductory paragraphs. 6.A. CD See Exhibit II C2) See Answer to No. 3A(2) above. above. (3) See Exhibit II (4) See Exhibit II. Also, see Answer to No (5) (6) See Answer to No. 3A(5) (6) above. -2 3- Answers to Interrogatories Continued: 6.B. 18.A. above. 18.B. 23.A. above. See introductory paragraphs. (1) See Exhibit III (2) See Answer to No. 3A(2) above. (3) See Exhibit III. (4), See Exhibit III. Also, see Answer to No. 3A(4) (5)(6) See Answer to No. 3A(5)(6) above. See introductory paragraphs. (1) See Exhibit IV. (2) See Answer to No. 3A(2) above. (3) See Exhibit IV. (4) See Exhibit IV. Also, see Answer to No. 3A(4) (5) (6) See Answer to No. 3AC5) C6) above). - ROBERT E7 SWEENEY -j____________________________________ / STEPHEN C. FOLEY ROBERT E. SWEENEY CO., L.P.A. 950 Illuminating Building Cleveland, Ohio 44113 (216) 696-0606 RONALD E. SCHULTZ ' JABLINSKI, FOLINO, ROBERTS, & MARTIN 214 West Monument Avenue Dayton, Ohio 45402 (513) 461-5980 SCHULTZ Attorneys for Plaintiff -2 3A- 23.B. Not applicable. 24.A. (1) See Exhibit V. (2) See Answer to No. 3A(2) above. (3) See Exhibit V. above. (4) See Exhibit V. Also, see Answer to No. 3A(4) (5)(6) See Answer to No. 3A(5)(6) above. 24.B. Not applicable. ?6. A. (1) See Exhibit VI. (2) Insulseal and Spray-Mastic were wet asphaltic solutioxis. (In these products, the asbestos fibers were suspended in a wet solution and could not be released into the air upon application). Insulseal was trowelled or brushed on and Spray-Mastic was sprayed on. Also see Answer to No. 3A(2) above. (3) See Exhibit VI. above. (4) See Exhibit VI. Also, see Answer to No. 3A(.4) (5) (6) See Answer to No. 3A(5) (.6) above. 26. B. Not applicable. 29.A. (1) See Exhibit VII. (2) See Answer to 3A(.2) above. (3) See Exhibit VII. above. (4) See Exhibit VII. Also, see Answer to No. 3A(_4) (5) (.6) See Answer to No. 3AC5) C6) above. 29.B. See introductory paragraphs. 41. A. (1) See Exhibit X. (2) See Answer to No. 3A(2) above. (3) See Exhibit X. PICKREL. SCHAEFFER & EBELING. A LEGAL PROFESSIONAL ASSOCIATION ` 2700 KETTERING TOWER. DAYTON. OHIO 45423 above. (4) See Exhibit X. Also, see Answer to No. 3A(4) (5)(6) See Answer to No. 3A(5)(6) above. 41.B. See introductory paragraphs. 42. A. (1) See Exhibit VIII. (2) See Answer to No.3A(2) above. (3) See Exhibit VIII. above. (4) See Exhibit VIII.Also, see Answer to No. 3A(4) (5)(6) See Answer to No. 3A(5)(6) above. 42.B. See introductory paragraphs. 51 .A. (1) See Exhibit IX. (2) See Answer to No. 3A(2) above. (3) See Exhibit IX. above. (4) See Exhibit IX. Also, see Answer to No. 3A(4) (5)(6) See Answer to No. 3A(5)(6) above. 51. B. See introductory paragraphs. VERIFICATION I hereby certify that the within responses are true and accurate to the best of my knowledge. Dated: /Qtrjtyy<JuL^' /<? /9f<f PICKREL. SCHAEFFER & EBELING. A LEGAL PROFESSIONAL ASSOCIATION 2700 KETTERING TOWER. DAYTON. OHIO 45423 -230CERTIFICATE I hereby certify that a copy of the within responses to plaintiff's first set of request for admissions and interrogatories propounded to each named defendant has been forwarded to all PICKREL, SCHAEFFER & EBELING 2700 Kettering Tower Dayton OH 45423 (513/223-1130) Attorneys for Defendant, .Eagle-Picher Industries, Inc. PICKREL. SCHAEFFER & EBELING. A LEGAL PROFESSIONAL ASSOCIATION 2700 KETTERING TOWER. DAYTON. OHIO 45423 I II III IV V VI VII VIII IX X -2 30- EXHIBITS Sales to R. E. Kramig (OH) 1969, 1970, 1974 Sale to Service Products (OH) 1972 Sales to Owens-Corning Fiberglas (OH) 1969, 1970, 1971 Sales to A & M Insulation Co. (.IL) 1972 Sale to Brand Insulations (IL) 1972 Sales to Insulation Services (OK) 1970, 1971, 1973, 1974 Sales to A. C. & S. (PA) 1969, 1970 Sale to American Ind. Contracting (.PAl 1970 Shipment to Armco Steel (OH) 1967 Sale to Baldwin Hill (OH) 1966 PICKREL. SCHAEFFER & EBELING. A LEGAL PROFESSIONAL ASSOCIATION 2700 KETTERING TOWER. DAYTON. OHIO 45423 CERTIFICATE OF SERVICE Two copies of the foregoing Plaintiff's First Set of Request for Admissions and Interrogatories Propounded to Each Namei Defendant has been served upon each defendant lasted below, througl their respective counsel of record, on this w______ day of IWA- 198H: Thomas W. Baden, Esq. Jack C. McGowan, Esq. Baden, Jones, Scheper & Crehan Co., L. P. A. 300 Hamilton Center Building Hamilton, Ohio 45011 Attorneys for Armstrong World Industries, Inc. Thomas M. Green, Esq. Green & Green 1324 Wayne Avenue Dayton, Ohio 45410 Attorney for Raymark Industries, Inc. e.nd Raymark Corporation James H. Ledman, Esq. J. Stephen Teetor, Esq. attorneys for Pittsburgh Corning Corporation Glander, Brant, Ledman & Newman 250 East Broad Street Columbus, Ohio 43215 John H. Burtch, Esq. Baker & Hostetler Capitol Square 65 East State Street Columbus, Ohio 43215 Attorney for GAF Corporation Gordon C. Greene, Esq. Bloom & Green Co., L.P.A. 2000 Central Trust Center 201 East Fifth Street Cincinnati, Ohio 45202 Attorney for The Celotex Corporation Leo J. Breslin, Esq. James F. Brockman, Esq. Lindhorst and Dreidame 1200 American Building Cincinnati, Ohio 45202 Neil F. Freund, Esq. Ronald E. Mount, Esq. Freund, Freeze & Arnold 1000 Talbott Tower 131 N. Ludlow Street Dayton, Ohio 45402 Attorneys for Nicolet, Inc. Attorney for Keene Corporation and Keene Building Products Corporation Certificate of Service Continued: Page 2 James P. Barnhart, Esq. Andrew C. Storar, Esq. 2700 V/inters Bank Tower Dayton, Ohio 45423 Thomas L. Eagen, Jr., Esq. Paxton & Seasongood 1700 Central Trust Tower Cincinnati, Ohio 45202 n . J , PeMichelis, Esq. 1200 Gwynne Building 602 Main Street Cincinnati, Ohio 45202 Nancy A. Lawson, Esq. 2100 Fountain Square Plaza 511 Walnut Street Cincinnati, Ohio 45202 Hugh H. Altick, Esq. David E. Beitzel, Esq. Altick & Corwin 1300 Talbott Tower Dayton, Ohio 45402 Attorney for Forty-Eight Insulations Inc. and Eagle-Picher Industries, Inc. Attorney for Fibreboard Corporation Attorney for H. K. Porter Company, Inc. Attorney for Owens-Illinois, Inc. Attorney for Standard Asbestos Manufacturing and Insulating Company ROOBERT E. SSWWEEENEEYNEYT STEPHEN C. FOLEY ROBERT E. SWEENEY CO., L.P.A. 950 Illuminating Building Cleveland, Ohio 44113 (216) 696-0606 RONALD E7 SCHULTZ^ JAELINSKI, FOLINO, ROBERTS, & MARTIN 214 West Monument Avenue Dayton, Ohio 45402 (513) 461-5980 SCHULTZ Attorneys for Plaintiff SOLD TO SHIP TO 369 R. E. Kramig k Co., Inc.~ .. 323 S. Wayne Avenue . * Cincinnati, 03 Cincinnati Gas k Elec Front 6 Rose Streets Cincinnati, CH 369 H. E. Kramig 6 Co., Inc. 323 S. Wayne Avenue . Cincinnati, Q& Same 1970 R. E. Kramig k Co., Inc 323 S. Wayne Avenue Cincinnati, 03 1974 R. E. Kramig k Go., Inc. 323 S. Wayne Avenue Cincinnati, CH Same Cincinnati, CH dockland) Same PBGOOCT Stalastic AMOUNT 150 gals. Super '66' Stalastic 780-50# bags 187 gals. Super *66' Ghe-Gote Stalastic 550-50# bag 160-50# bag 167 gals. Stalastic 2350 gal! YER SOLD TO 1972 Service Products, Inc 57 N. Westwood Avenue Toledo, OB 1972 Service Products, Inc 57 N. Westwood Avenue Tbledo, OB SHIP TO Same Ttoledo Edison 4701 Bayshore Road Oregon, OH PRODUCT Stalastic AKXNT 25 gals Stalastic 55 gals AR gap TO 0*ens Coming P/S Cotp. P.O. Box 901 Toledo, CE >70 0*ens Coming F/G Cbrp. P.O. Box 901 Toledo, CH >70 Qaens Coming F/G Cotp. P.O. Box 901 Toledo, CH 1 Owens Coming F/G Cotp. P.O. Box 901 CH 71 Owens Coming Fibetglas P.O. Box 901 Toledo, CH SHIP TO Aiken, SC Sane Ashton, RI Sane Barrington, NJ p\tuui 1 PBPCUCT AMOUNT Super *66* 16-50# bags (OC-660 Insulating Cement) Super '66' (OC-660) 5-50# bags Super '66' 48-50# bags c/o Frank McBride Const. 7000 Molarin Boad Fairbum, A Super '66' (SC-40) Sane Barrington, NJ Super *66 * (OC-660) 35-50# bags 28-50# bags 2 Asoestos & Magnesia Co 2614 Clyboum Avenue Chicago, XL SHIP TO Vidimos, Inc. 3858 Michigan Avenue East Chicago, IN F tXT Stalastic * Asbestos & Magnesia Materials Asbestos & Magnesia Mat's Stalastic 2614 Clyboum Avenue c/o PfiG Chicago, JL Willow Street & Chicago River Chicago, IL 2 Asbestos-Magnesia Material 2614 Clyboume Avenue Chicago, IL Same Stalastic 845 gals. 50 gals. 160 gals. '2 Brand Insulation Inc. 2350 W. Fulton Street Chicago, IL 72 Brand Insulation, Inc. 3240 W. Fulton Street Chicago, IL Brand Insulation Inc. Susiastic c/o Newport Any Anno Pit. Newport, IN Sane Joliet, IL Stalastic 75 gals. 850 gals. VR 8CU3 TO 70 Insulation Services P.O. Box 7726 Tulsa, CK 70 Insulation Services P.O. Box 7726 Tulsa, OK >70 Insulation Services P.O. Box 7726 Tulsa, CK >70 Insulation Services P.O. Box 7726 Tulsa, CK >70 Insulation Services Inc. P.O. Box 7726 Tulsa, CK 970 Insulation Services, Inc. P.O. Box 7726 Tulsa, OK 970 Insulation Services, Inc. P.O. Box 7726 Tulsa, CK 970 Insulation Services, Inc. P.O. Box 7726 Tulsa,. CK 970 Insulation Services, Inc. P.O. Box 7726 Tulsa, CK r 970 Insulation Services, Inc. P.O. Box 7726 Tulsa, CK 1970 Insulation Services, Inc. P.O. Box 7726 Tulsa, OK SHIP TO Arkansas Craft Corp. Morrillton, AR PRODUCT One-Cote EXHIBIT- AMOUNT 10-50# bags * Same c/o Procon, Inc. c/o Clark Oil Refinery Hartford, IL Same c/o Bechtel Corp. c/o Marathon Oil Corp. Robinson, IL Saroe-Arthur G. McGee c/o Shell Oil Refinery Woodriver, IL Midland Ccrp., Inc. Cushing, CK Insulseal Stalastic One-Cote Insulseal Super '66' Stalastic Super '66' 240 gals. 10 gals. 150-50# bags 150 gals. 100-50# bags 40 gals. 10-50# bags Apco Oil Company c/o R.L. Curry, Supt. Arkansas City, KS Same c/o Bechtel Corp. Labadie, HD One-Cote Super '66' 40-50# bags 50-50# bags Same-Conbustion Engr. c/o Union Electric Co. Labadie, MO Same-West inghouse Co. c/o Union Electric oo. c/o Power Plant #1 Labadie, M3 Bell Oil 6 Gas Co. Ardmore, OK Super '66' One-Cote (Eagle) Super '66* Insulseal 41-50# bags 25-50# bags 197-50# bags 55 gals. Continental Oil Co. Refinery Warehouse Ponca City, CK One-Cote 35-50# bags EAR SOLD TO 970 Insulation Services, Inc. P.O. Box 7726 Tulsa, OK 970 Insulation Services, Inc. P.O. Box 7726 Tulsa, GK 1970 Insulation Services, Inc. P.O. Box 7726 Tulsa, OK 970 Insulation Services, Inc. P.O. Box 7726 Tulsa, OK 970 Insulation Services, Inc. P.O. Box 7726 Tulsa, GK 970 Insulation Serv., Inc. P.O. Box 7726 Tulsa, OK 970 Insulation Serv., Inc. P.O. Box 7726 Tulsa, OK 970 Insulation Serv., Inc. P.O. Box 7726 Tulsa, GK 970 Insulation Serv., Inc. P.O. Box 7726 Tulsa, GK 970 Insulaton Services, Inc. P.O. Box 7726 Tulsa, GK SHIP TO Same Nipak Inc. c/o John Miller Pryor, GK PPG Industries, Inc. Works #10 Benryetta, GK Sequoia Refinery Go. Ponca City, GK PRODUCT One-Cote (Eagle) Super '66" Insulseal Stalestic AMOUNT 425-50# bags 580-50# bags 100 gals. 290 gals. One-Cote Super '66* 40-50# bags 20-50# bags Super '66* 140-50# bags Stalastic 55 gals. ; Sun Oil Co. DX Div. c/o Duncan Refinery Duncan, CK Insulseal Same-Power Serv. Carp, c/o Minnkote Power Corp. Center, ID Super '66' Same c/o Bechtel Corp. Lima, CH Insulseal Stalastic Same c/o Bechtel Corp. c/o Vistron Corp. Lima, CH Super '66* One-Cote Same Dayton Power t Light Aberdeen, GH Super (66' Same -- Poster Vfreeler c/o Kendall Refinery Bradford, PA One-Cote Stalastic 110 gals. * 60-50# bags 50 gals. 20 gals. 50-50# bags 240-50# bags 430-50# bags 50-50# bags 15 gals. EAR SOLD TO SHIP TO PRODUCT AMOUNT Insulation Services, Inc. P.O. Box 7726 Tulsa, GK Sane 555 W. 41st Street Tulsa, GK Super '66' CX^e-Cote 850-50# bags 350-50# bags 73 Insulation Services 555 W. 41st Street Tulsa, OK Same-Texaco, Inc. Ref. c/o Bectel Cbrp. Lawrenceville, H> Stalastic 60 gals. >73 Insulation Services, Inc. P.O. Box 7726 Tulsa, OK Same 555 W. 41st Street Tulsa, GK Stalastic Insulseal 60 gals. 105 gals. J73 Insulation Services, Inc. 555 W. 41st Street Tulsa, OK . Same Insulseal . Stalastic 125 gals. 60 als. 973 Insulation Services, Inc. 555 W. 41st Street Tulsa, OK Sun Oil Co. Duncan, GK Insulseal 220 gals. 973 Insulation Serv., Inc. 555 V. 41st Street Tulsa, OK 4 Insulation Services, Inc. 351 W. 41st Street Tulsa, CK fiwmp c/o Ihillips Pipe Line Cbaki, IL Spraymastic 450 gals. Bom, Inc. 401 N. Main Street Tulsa, GK Stalastic 580 gals. 4 Insulation Services, Inc. P.O. Box 7726 Tulsa, OK Sane 555 W. 41st Street Tulsa, Stalastic 395 gals. 4 Insulation Services, Inc. 351 W. 41st Street Tulsa, CK Sun Oil Co. Duncan, GK Insulseal 120 gals. 4 Insulation Serv., Inc. 351 W. 41st Street Tulsa, Same-c/o Bechtel Corp. c/o Texaao Ref. Lawrenceville, IL Stalastic 150 gals. supply 421 E. louisviiie, nr Orw Cot* 125-5C# bags #10) >69 Armstrong Contr. ft Sipply /120 N. Line Street . ^ Lancaster, Pu ostrgng Oontr. ft Sugply 120 N. Urn Street Lancaster* PA Vraetrong Contr. ft Supply O. Box 1548 master, SA 963 AmBbrong Contr ft Supply y.Q. Box 1548 Lancaster* PA 969 Armstrong Contr. ft Supply 7120 N. Line Street Lancaster * PA 969 Armstrong Contr, ft Supply ^/T.O. Box 1548 Lancaster* PA 23 E. Archer Tulsa, CK Bom Engineering Co. 401 M. Main Street Tulsa* CK c/o SC Electric ft Urquhart Station Beech Island* SC Sane 611 Cowan Street NastoiDe* IN Sane 504 Curberlind Street Henphis* TN * Sane c/o Uniroyal* Inc, Shelby; ille, IN Super '66* 150-50# bags (Annates? 4166) One-Cote 300-50# bags -(Annates? 410) Stalastic 55 gals. One-Cote 60-501 bags (Amates? 410) One-Cote 1240-50# bag (Armatenp 410) One-Cote 100-50# bags (Armatenp 410) One-Cote* \ 900-50# bags (Armatenp 410)- Anostrong Contr. ft Supply 120 N. 'Line Street Lancaster* PA 1970 /Armstrong Contr. ft Sipply /120 N. Line Street V Lancaster* PA 1970 Armstrong Contr. ft Supply ^ 120 N. Line Street Lancaster, PA 1970 hr nstrong Contr. ft Sipply v/?12!0 N. Line Street Lancaster, PA Pennsylvania Electric Conemaugh Gen. Station New Florence* PA Stper '66' 20-50# bags (Armatenp 4166) Pensylvania Electric Power Plant Williamsburg* PA Super *66' 20-50# bags (Armatenp 4166) Sane UN Location* 116-A Nashville* IN One-Cote 320-50# bag (Armatenp 410) Sane 1206 Andover Park East Tukwila, HA One-Cote 200-50# bag; (Armatenp 410) 0 Armstrong Contr. ft Supply V 120 N. Lime Street Lancaster, PA 3818 Market Street Spokane, ViV One-Cote 170-501 bags (Armateap #10) '0 Armstrong Contr. ft Supply 120 N. Lime Street Lancaster, PA KC Industries Natriusn, W/ Super '66* 50501 bags (Armateap #166) '0v Armstrong Contr. ft Supply v120 N. Lime Street Lancaster, PA ong Contr. ft Supply Lime Street 1902 Blake Street Server , CD 21357 if. S-Mile Hoed Detroit, KX One-Cote 40-50# bags (Armateap #10) Super *66' 25-50# begs (Armateap #166) One-Cote 935-50# bag (Armateap #10) 970 Armstrong Contr. ft Simply P.O. Bern 1548 Lancaster, . Sane 6800 Odell Street c/o Frisco ftritch #312: Spot #10 St. Louis, MD One-Cote 300-50# bag (Armateap #10) Super *66* 160-50# bag (Armctemp #166) 970 Armstrong Contr. ft Supply v/120 N. Lime Street vLancaster, PA 97rQ/Armstrong Contr. ft Supply v 120 N. Lime Street Lancaster, PA / c/o Warehouse 223 C. Archer Tulsa, CK 2356 N.W. 21st Plaoe Portland, OR Super '6* 125-50# beg: (Ancsteap #166) One-Cote 300-50# bag: (Armateap #10) Super *66* 30-50# bags (Armateap #166) One-Cote 150-50# bag: (Armateap #10) '.R, 5CLP TO 70 Araer. Indust. Contr. E. Bea/er Street Sewickley, PA SHIP TO Same c/o Westinghouse Elec. Two Rivers, HI PFCCUCT Super *66' AMOUNT 60-50# bags tAMiBlr. R SCUD TO SBIP TO PPCPJCT amount 1967 North American Refractory National Cty. - E. 6 Bldg Cleveland, GH Armco Steel Oorp. Brick Shed Door 313 Middletown Wbrk Middletown, GH Super '66' 453-50# (NAROD Staz-Gh Cement) dm Sold ~h>'- S,k c CfOo /4&hES,S (a)o frb B tess ved) GwmiS} tXHlSVC^ (ro^ uci' vtmcL ^<A|3f LrZ)