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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OR SOUTH CAROLINA
AIKEN DIVISION
Viola Foster, Individually and
as the Personal Representative
of the Estate of John N. Hurray,
Deceased,
'
Paul H. Slich, Sr. and Sallie
Sligh,
*
Charles Serglund
Barbara A. Piquet, Individually and as the Personal Representative of the Estate of Agusta D. Picquet, Deceased,
Plaintiffs,
vs'.
Owens-Illinois, Inc., et al.,
Defendants.
) Civil Action No. 38-1222
)
) )' ). ) Civil Action No. 83-475
)
) ) Civil Action No. 88-112
) ) Civil Action No. 88-1876
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RESPONSES OF DEFENDANT NATIONAL GYPSUM
COMPANY TO PLAINTIFFS' REQUEST FOR ADMISSIONS
Defendant National Gypsum Company {`National Gypsum*)
responds to -Plaintiffs' Request for Admissions as follows:
GENERAL OBJECTIONS
.
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Defendant National Gypsum objects to any. request that
purports to impose upon.defendant any objection not expressly set
forth in the Federal Rules of Civil Procedure.
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National Gypsum objects to these requests as irrelevant,
since conditions in National Gypsum's plants are- not at issue in
PLAINTIFF'S^
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these cases. All of the compensation claims that are the subj*c~
of these requests were filed by workers ..employed- at plants which
used large amounts of raw asbestos fiber and portland cement to
manufacture asbestos-cement products, such as siding and flat
sheets.
Hone of these employees worked with or installed
finished products.
^
RESPONSES
1. Do you admit that a claim was filed by Peter Paul
Armenti prior to January 27, 1353, alleging asbestosis and.naming
National Gypsum as a defendant in the action?
-
RESPONSE: Admitted.
2. Do you admit that a judgment was entered on January 27, 1359, in the matter referred to in request no. 1 above? -*
RESPONSE: Admitted.
3. Do you admit that a claim was filed on behalf of
Louis D. Cavinato prior to April 19, 1365, alleging asbestosis
and that judgment was entered on April 1?,. 1965?
.. ..
RESPONSE: Admitted.
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4. *. Do you admit that a claim was filed on behalf of
Alton Eugene Bass on February 28, including asbestosis?
1368, alleging injuries _
RESPONSE: Admitted.
< plaintiffs J exhibit
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5. Do you admit that, a claim vas filed on behalf cf
Louis Greraillion prior to Kay 31,. 1368, --alleging injuries
including asbestosis and that judgment was entered on Kay 31, 1968? RESPONSE: ' Admitted.
6. Do you admit that National Gypsum was an associated
non-voting member of the Asbestos Textile Institute from September
1353 to December 13627
RESPONSE: Admitted.'
.
7. * Do you admit that National Gypsum had notice of
each of the claims listed in Request Numbers 1, 3, 4 and 5 at the tire listed above for each claim?
RESPONSE: Admitted.
NELSON, HOLLINS, RILEY & SCARBOROUGH
Columbia, South Carolina
iLl-_________ , 1383.
By: f,J R. Bruce Shaw f
Post Office Box 11G70 .
Columbia, South Carolina {803) 799-2000
"" 23211
Attorneys for Defendant National
Gypsum Company
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STATS 0? NORTH CAROLINA : ' ss.
COUNTS OF KSCRLZNBwRG' ' :
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I, Russell ?. Ward, being first duly sworn,
depose and say:
1. X aa Director of Corporate public Affairs.
of National Cypsun Company, and I aa the person authorized by said
cc: aeration to rake'this affidavit.
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2. I have read the foregoing responses to the
`
request for admissions and. these responses-are true to the
best of ry knowledge, information and belief.
Svcm to and subscribed; before me rhis -/' <iay of 19S3.
y<ooary Puoiic -Xy Comission Expires:
My Ccswicbn Expire: &*/ It lit}
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I, the ur.fsrsipn^d,
*h<* 1-aw offices of Nelson, Mulling
Riley i Scarborough/ attorneys cr National Gypsum,. Corporation
hereby certify that I have served Counsel for the Plaintiff in
this action with a copy of the pleadings herein below specified
by causing a copy, of the same to be mailed by United States Mai
postage prepaid, to Counsel for the Plaintiff at the following address:
Pleadings:
DEPENDANT'S RESPONSE TO PLAINTIFF'S . REQUEST TO ADMIT
Counsel Served: .
.
Joseph F. Rice, Esqiure ` Ness, Motley, Loadholt,
Richardson & Poole P 0 Box 1137 If! Meetr.nr Street, Suits
Charleston; SC 23402 .
600
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Counsel of Record:
C. Michael Evert, Jr., Esquire Fcrtson & White 300 Atlanta Financial Center South
3333 Peachtree Road, NS Atlanta, GA 3032 5
Timothy W. Bouch, Esquire
Young, Clement, Rivers
& Tisdale
.
28 Sroad Street
P 0 Box 393
. Charleston, SC 23402
'
William A, Coates, Esquire .
..
Love, Thornton, Arnold- & Thomason
P.0. Sox 10045
Greenville, SC 23503
~
James B. Pressiy, Jr., Esquire
Hayr.sworth, Marion, McKay & Guerard
C&S Tower, 75 Beattie Place
P.O. Box 2048
Greenville, SC 2S602
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