Fiberite Responses to Discovery

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BRUCE McLEOD (State Bar No. 71906) PETER A. STROTZ (State Bar No. 129904) HARDIN, COOK, LOPER, ENGEL & BERGEZ, LLP 1999 Harrison Street, 18th Floor Oakland, CA 94612 Phone: (510) 444-3131 Fax: (510) 839-7940 Attorne s for Defendant FIBER1 E, INC.
4'
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ---ooo--) No.
IN RE: COMPLEX ASBESTOS LITIGATION
1
) ) ) )
828684
1
PROPOUNDING PARTY: RESPONDING PARTY: SET NUMBER:
DEFENDANT FIBERITE, INC.'S, AMENDED RESPONSES TO PLAINTIFFS' STANDARD GENERAL ORDER 129 INTERROGATORIES PLAINTIFFS FIBERITE, INC. GENERAL ORDER 129
COMES NOW defendant, Fiberite, Inc. (hereinafter "Fiberite") and responds to plaintiffs' Standard General Order 129 Interrogatories as follows:
During the period of time Fiberite manufactured products containing asbestos it was a large company with numerous departments and divisions and many employees. These departments, divisions and employees changed over the years; employees died, retired and moved. In responding to these Interrogatories, Fiberite made efforts to research documents and data regarding the subject matter of the present lawsuit, and to interview persons potentially having knowledge of the
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subject matter covered by these Interrogatories. Fiberite currently has no employees. Further, Fiberite and its attorneys have not completed their discovery or preparation for trial, nor have they concluded their analysis of information gathered to date. These responses, therefore, are based upon information presently available to Fiberite and its attorneys and specifically known to individuals who are preparing these responses. It is anticipated that future discovery and independent investigation may supply additional facts or information or add meaning to known facts, and may establish entirely new factual conclusions and contentions, all of which may lead to substantial additions to, changes in and variations from the responses set forth herein. The responses herein are made without prejudice to the right of Fiberite to provide additional evidence at the time of trial.
RESPONSES TO GENERAL ORDER 179 INTERROGATOm INTERROGATORY NO.2 . IDENTIFY the person verifying these answers on YOUR behalf. PONSE TO INTERROGATORY NO. William T. Collins.
INTERROGATORY NO 2-
..
State the date of first employment with YOU, and the dates and titles of each job position the person verifying these interrogatories has held while employed by YOU RESPONSE TO INTERROGATORY NO. 2: Fiberite Inc. has no employees. Since May 15,1998 Mr. Collins has held the office of Vice President of Fiberite, Inc.
INTERROGATORY NO.3.
.
State whether or not YOU are a corporation, and if so, state:
A. YOUR correct corporate name;
B. YOUR state of incorporation;
C The date of YOUR incorporation;
D. The address of YOUR principal place of business; E. Whether or not YOU have ever held a certificate of authority to do business in the State of California, and if so, the inclusive dates of any certificate; F. If YOU are wholly owned or the majority interest of YOUR company is owned by another business entity, state the entity's name and principal place of business;
G. Whether YOU have any business offices in California, and, if so, YOUR
principal place of business in California.
RESPONSE TO INTERROGATORY NO. 3:
A. FI Holdings Corp. B. Delaware. C. 1948 D. 206 Danbury Road, Wilton, Connecticut 06897 E. Yes, since May 27,1982.
F. EQ Corporation, 206 Danbury Road, Wilton, Connecticut 06897 (acquired
majority interest of Fiberite, Inc. in August 1997).
G. Fiberite does not know what is meant by the term "business office" within
the context of this interrogatory. Based upon its interpretation of this term, Fiberite responds as follows: No.
P
Have YOU ever been identified, known, or done business under any other name in the State of California?
PONSE TO INTERROGATORY NO. 4:
Yes.
lNTERROGATORY NO. 5:
If your answer to Interrogatory No. 4 is in the affirmative, please state such name or names and the time period during which THIS DEFENDANT was so known or identified.
RESPONSE TO INTERROGATORY NO 5.
Fiberite Corporation: Universal Manufacturing Company: Fiberite Corporation: ICI Composites Inc.: Fiberite, Inc.: FI Holdings Corp.
..
1948-1960 1960-1964 1964-1988 1988-1996 1996-1998 1998 - Present
INTERROGATORY NO 6.
If YOU are not a corporation, what is YOUR business structure (partnership,
..
joint venture, sole proprietorship, etc.).
RESPONSE TO INTERROGATORY NO 6.
Not applicable.
.
v
If YOU are not a corporation, please IDENTIM all persons or other entities with an ownership interest in YOU.
RESPONSE TO INTERROGATORY NO. 7:
Not applicable.
JNTERROGATORYNO. 8:
If you are not a corporation, please state the following:
A. The address where the HISTORICAL RECORDS of THIS DEFENDANT are
currently located; and
B. The name, job title and current address of the Custodian for THIS
DEFENDANT'S HISTORICAL RECORDS. As used herein, "HISTORICAL RECORDS'shall include all DOCUMENTS relating to the formation of THIS DEFENDANT, all minutes of partners', general partners' or other owners' meetings, and all DOCUMENTS relating to THIS DEFENDANT'S merger with, acquisition of or purchase, or sale of or by any other COMPANY.
RESPONSE TO INTERROGATORY NO. 8:
Not applicable.
JNTERROGATORYNO. 9:
IDENTIFY YOUR custodian of Business Records.
JZESPONSETO INTERROGATORY NO. 9:
Steve Peak.
INTERROGATORY NO 10.
. .
IDENTIFY the person or persons most knowledgeable about:
A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS CONTAINING
PRODUCTS;
B. YOUR use of RAW ASBESTOS and/or ASBESTOS CONTAINING
PRODUCTS;
C YOUR contracting with others to do work involving use or handling of
RAW ASBESTOS or ASBESTOS CONTAINING PRODUCTS.
RESPONSE TO INTWOGATORY NO. UT:
John Beard.
28
LAW ORlCESOF
t o limbm Snnt w W h Rm Q l U . CA 84612-SUl F.OM~. (610)1 5 7 1ew
(510)444-3131
c:
For DEFENDANTS involved in the MARKETING of ASBESTOSCONTAINING PRODUCTS, state the IDENTITY of physicians, medical directors and/or industrial hygienists employed by YOU during the time frame or prior to the time YOU discontinued the marketing of such products. All other DEFENDANTS need only respond as to medical directors and/or industrial hygienists or physicians employed in the area of employee health and safety. PREMISES owners and domestic corporations need only respond as to the United States.
RESPONSE TO INTERROGATORY NO. 11:
None.
JNTERROGATORYNO. 12:
Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf of THIS DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, wherein the plaintiff has alleged an asbestos-related injury? If so, for each such third-party case (except that Premises Defendants and Contractor Defendants need answer only with respect to cases relating to sites within the GEOGRAPHIC AREA) please state:
A. The caption and case number; B. The court filing including state and county;
C The date of deposition or trial testimony;
D. The name and address of plaintiff's counsel of record; E. The name and address of the court reporter. RESPONSE TO INTERROGATORY NO. 1 : 2
Yes. A. Gaylord v. Abex, Case No. 8915612 Kowalski v. Abex, Case No. 964768 Hall v. Abex, Case No. 952346 Thompson v. Abex, Case No. 953830
B. San Francisco County Superior Court, California.
C. May 16,1991 November 7,1994 November 7, 1994 November 7, 1994 D. Brayton Harle Curtis 222 Rush Lan ing Road P. 0.Box 2109 Novato, CA 94948
i
E. Aiken & Welch, Inc. One Kaiser Plaza, Suite 505 Oakland, CA 94612 Tooker & Antz 131 Steuart Street San Francisco, CA 94105
For each of the following, please state whether, at any time within the time frame or until such time as any defendant which had been engaged in MARKETING RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS discontinued the MARKETING of such products, THIS DEFENDANT was a member or paid dues for any representative of THIS DEFENDANT (excluding faculty members of educational institutions) to be a member of the following:
A. American Conference of Governmental Industrial Hygienists; B. American Industrial Hygiene Association;
C American Petro1eu.m Institute;
D. American Railroad Association;
E. Asbestos Cement Producers Association;
F. Asbestos Information Association (AIA)(please answer through date of
your answers);
G. Asbestos Information Association/North America (AIA/NA) (please
answer through date of your answers);
H. Asbestos Textile Institute (ATI);
L
J.
Industrial Hygiene Foundation and/or Industrial Health Foundation (IHF): Industrial Mineral Insulation Manufacturers Institute;
K. Magnesia Insulation Manufacturers' Association;
L. Magnesia Silica Insulation Manufacturers Association;
M. Mineral Wool Institute;
N. National Insulation Manufacturers Association (NIMA);
0. National Safety Council;
P. New York Academy of Sciences;
Q. Quebec Asbestos Mining Association (QAMA);
R. Refractories Institute; S. Safe Building Alliance (please answer through date of your answers);
T. Thermal Insulation Manufacturers Association (TIMA);
U. U.S. Maritime Commission;
V. IDENTIFY any other organizations, associations or groups of
manufacturers, miners, distributors, importers, labelers, suppliers, and/or sellers of ASBESTOS-CONTAINING PRODUCTS of which THIS DEFENDANT was a member;
W. IDENTIFY any such representative of THIS DEFENDANT.
RESPONSE TO INTERROGATORY NO 13.
. .
*
For each organization, association or other entity identified in YOUR Response to Interrogatory No. 13, please state:
A. The dates during which THIS DEFENDANT was a member;
None.
B. The name(s) of any publication(s) received by THIS DEEENDANT from
such association or organization;
C The name of any committee or subcommittee of which THIS
DEFENDANT was a member and the dates of such committee or subcommittee
membership. RESPONSE TO INTEJ3.ROGATORYNO. 14: Not applicable.
Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results or conclusions of any studies and/or tests conducted by Bonsib for Standard Oil of New Jersey relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos? If so:
A. Either (1) attach all DOCUMENTS evidencing the information sought in
this Interrogatory and it subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
B. State the date upon which THIS DEFENDANT first received such
DOCUMENTS;
C State the IDENTITY of the custodian of such DOCUMENTS.
D. This interrogatory does
apply to DOCUMENTS contained in a library
maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the general public. PONSE TO INTmOGATORY NO. 15: No.
s :
Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies and/or tests conducted by any insurance company, including but not limited to Metropolitan Life Insurance Company and Aetna Insurance relating to asbestos exposure in the workplace or the human health consequences of exposure to
asbestos? If so:
A. Either (1) attach all DOCUMENTS evidencing the information sought in
this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
B. State the date upon which THIS DEFENDANT first received such
DOCUMENTS;
C State the IDENTITY of the custodian of such DOCUMENTS.
D. This interrogatory does
apply to DOCUMENTS contained in a library
maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the general public.
RESPONSE TO INTERROGATORY NO. 16:
No.
INTERROGATORY NO. 17:
Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results or conclusions of any studies and/or tests conducted by any laboratory, including but not limited to, the Saranac Laboratory relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos? If so:
A. Either (1)attach all DOCUMENTS evidencing the information sought in
this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. B. State the date upon which THIS DEFENDANT first received such DOCUMENTS;
C State the IDENTITY of the custodian of such DOCUMENTS.
D. This interrogatory does
apply to DOCUMENTS contained in a library
maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the general public.
BESPONSE TO INTERROGATORY NO. 17:
No.
INTERROGATORY NO, 18:
Had THIS DEFENDANT (except for a defendant that is an educational institution) prior to 1973 ever maintained a library (or libraries) which contained books, articles, periodicals, journals, and/or reference materials that related to the subjects of asbestos, industrial hygiene, medicine, safety and/ or occupational disease.
If so, state:
A. The date each such library was established;
B. The location of each such library;
C The IDENTITY of each librarian or other person in charge of such library.
RESPONSE TO INTERROGATORY NO.18. .
No.
INTERROGATORY NO. 19:
With the exception of OSHA compliance, had THIS DEFENDANT (except for a defendant that is an educational institution) prior to 1980 exchanged DOCUMENTS or communicated with any person or other COMPANY expressly regarding the results of tests and/or studies relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos? If so, state:
A. Each person or COMPANY with whom the information was exchanged or
to whom it was communicated.
B. The date@)of any such exchanges or communications;
C The IDENTITY of the custodian of such DOCUMENTS.
RESPONSE TO INTERROGATORY NO. 19: No.
JNTERROGATORYNO 2Q*
. .
Has any employee or designee of THIS DEFENDANT testified as a representative of THIS DEFENDANT before the Occupational Safety and Health Administration, the National Institute of Occupational Safety and Health, or any committee or subcommittee of the United States Congress relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos? If so, please state:
A. The entity before whom such testimony was given;
B. The date(s) and location(s) of such testimony;
C The IDENTITY of the individual(s) who so testified;
D. Whether any DOCUMENTS were presented to the entity before which
testimony was given; E. Whether copies of DOCUMENTS presented were retained by THIS DEFENDANT and, if so, state the IDENTITY of the custodian of such DOCUMENTS. RESPONSE TO INTERROGATORY NO. 20: No.
c
Has THIS DEFENDANT (except for a defendant that is an educational institution) conducted, or caused to be conducted, tests, and/or studies of ambient asbestos dust created during the manufacture, processing and/or assembling for sale of ASBESTOS-CONTAINING PRODUCTS? If so, state:
A. Each manufacturing facility, including location and address, at which any
such test and/or study was conducted;
B. The date of each such test and/or study;
C The individual@)or entity conducting each such test and/or study;
D. Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such study;
E The IDENTITY of the custodian of such DOCUMENTS. .
RESPONSE TO INTERROGATORY NO. 21:
A. Fiberite in Winona, Minnesota. B. 1980 to 1983 time frame. C. Fiberite.
D. Yes.
E. A request for such documents should be made through Bruce McLeod and
Peter A. Strotz, Hardin, Cook, Loper, Engel & Bergez, LLP, counsel of record for Fiberite in this litigation.
TERROGATORY NO. 2 2
Has THIS DEFENDANT (except for a defendant that is an educational institution) conducted, or caused to be conducted, any tests and/or studies on ambient asbestos dust levels at any location or job site where ASBESTOSCONTAINING PRODUCTS were installed, utilized or removed? If so, for the first 5 tests and/or studies, state: A. The location, including name and address, at which each such test and/or study was conducted; B. The individual@)or entity conducting each such test and/or study;
C The date of each such test and/or study;
D. Whether THIS DEFENDANT has any DOCUMENTS containing the results
and/or conclusions of each such test and/or study;
E The IDENTITY of the custodian of such DOCUMENTS. .
RESPONSE TO INTERROGATORY NO. 22:
No.
TERROGATORY NO. 23:
Did THIS DEFENDANT (except for a defendant that is an educational institution) have any laboratory or other similar type of facility anywhere in the United States at which it conducted, or caused to be conducted, any tests and/or studies of ASBESTOS-CONTAINING PRODUCTS or RAW ASBESTOS relating to the health consequences of asbestos or the dust generated by any use of asbestos or ASBESTOS-CONTAINING PRODUCTS. If so, state:
A. The location, including name and address, at which each such test and/or
study was conducted;
B. The individual(s) or entity conducting each such test and/or study;
C The date of each such test and/or study;
D. Whether THIS DEFENDANT has any DOCUMENTS containing the results
and/or conclusions of each such test and/or study;
E. The IDENTITY of the custodian of such DOCUMENTS.
ONSE TO INTERROGATORY NO. 23:
No.
INTERROGATORY NO 24.
. .
Has THIS DEFENDANT made available to its employees a medical examination program to determine the absence or presence of asbestos-related disease? If so, state:
A. Whether chest x-rays or pulmonary function tests were part of such
program(s);
B. Whether participation in any such program was a mandatory condition of
employment or was voluntary;
C Whether THIS DEFENDANT has DOCUMENTS of such program(s);
D. The IDENTITY of the custodian of such DOCUMENTS.
PONSE TO INTERROGATORY NO.%
Yes.
A. Chest x-rays.
B. Mandatory.
C. Yes. D. A request for such documents should be made through Bruce McLeod and Peter A. Strotz, Hardin, Cook, Loper, Engel & Bergez, LLP, counsel of record for Fiberite in this litigation.
INTERROGATORY NO. 25:
Prior to 1973, did any person file a Workers' Compensation claim for asbestosrelated injury against THIS DEFENDANT or against any Workers' Compensation insurance carrier which provided coverage for THIS DEFENDANT? If so, state the total number of such claims and, for the first 20 such claims state:
A. The date of such claim;
B. The name of the claimant;
C The case number;
D. The court in which the claim was filed;
E The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENTS .
evidencing such claims.
RESPONSE TO n'vI'ERROGATORYNO 25-
. .
No.
s
Does THIS DEFENDANT have insurance available to cover judgment(s) entered against it in asbestos-related personal injury lawsuits? If so, state:
A. The name and principal place of business of any insurance carrier who has
issued such policy of insurance;
B. The number and effective date of each policy;
C The amount(s) of coverage of each policy;
D. The applicable dates of coverage.
PONSE TO INTERROGATORY NO. 24:
Fiberite and its predecessor entities have had various forms of insurance in place over a period of several decades that may provide certain coverage for asbestos-related personal injury lawsuits. Investigation is continuing regarding the applicability and extent of coverage afforded by such policies. As a result, Fiberite is unable to respond further to this interrogatory at this time.
JNTERROGATORYNO. 27:
State whether YOU have controlled, purchased, or in any way acquired any controlling interest in any corporation or business entity which has mined, manufactured, produced, processed, compounded, sold, supplied, distributed and/or otherwise placed RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS in the stream of commerce. If so, state:
A. The name and address of said corporation or business entity; B. The dates YOU controlled, purchased or acquired any interest; and
C The nature of the business as it pertains to asbestos.
RESPONSE TO INTERROGATORY NO. 27:
No.
8
State whether THIS DEFENDANT, between 1930 and 1985, has ever engaged in the following activities with regard to RAW ASBESTOS, and if so, state the inclusive dates of such activity:
A. Mining;
B. Milling;
c
Supply;
D. Importing;
E. Processing;
F. Distribution;
G. Marketing;
H. Sale;
L
Brokering.
RESPONSE TO INTERROGATORY NO 28. .
A. No.
.
B. No.
C. No.
D. No. E. Yes, 1962 to 1983.
F. No.
G. No.
H. No.
I.
No.
INTERROGATORY NO. 29: If YOUR answer to any of subparts of Interrogatory 28 regarding RAW ASBESTOS is in the affirmative, state: A. The trade, brand name, and/or generic name of such RAW ASBESTOS milled or MARKETED in any form or quantity between 1930 and 1985;
B. The date(s) such RAW ASBESTOS was first placed on the market,
including the date(s) such RAW ASBESTOS was first marketed;
1. On an experimental basis;
2. On a test basis;
3. For sale.
C The date(s) such RAW ASBESTOS:
1. Ceased to be produced; or
2. Was recalled from the market, if ever.
D. A description of the chemical composition of such RAW ASBESTOS,
including the type and/or grade of asbestos;
E. A description of the physical appearance and nature of such of such RAW
ASBESTOS, including any color coding, distinctive marking and/or logo on the packaging or container;
F. A detailed description of the intended use of such RAW ASBESTOS,
including any temperature limits for each such use;
G. Whether such RAW ASBESTOS was on the U.S. Government's "Qualified
Products List," and if so, the inclusive dates it was on such list;
H. IDENTIFY to whom such RAW ASBESTOS has, at any time, been sold. As
to each such, state:
I.
Whether any of THIS DEFENDANT'SRAW ASBESTOS has, at any time,
been sold, shipped, or otherwise distributed, used or installed to or at any COMPANY (including power company or utility), governmental agency or entity, shipyard, distributor, refinery, contractor, supplier, PREMISE owner or occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA and whether any of THIS DEFENDANT'S RAW ASBESTOS has at any time, been sold to any manufacturer, or manufacturing facility, of ASBESTOS-CONTAINING PRODUCTS. If so, state:
1. The names of each such COMPANY, governmental agency or entity,
shipyard, distributor, supplier, manufacturer or refinery;
2. The inclusive dates of each such sale, and the amount (quantity) and
the trade brand name of such RAW ASBESTOS sold;
3. The manner of shipment (e.g. boat, rail, etc.);
4. Whether you have any records indicating any such sale or shipment
and, if so, the name, address and job classification of each person who currently has possession of such records.
5. Either (1)attach all DOCUMENTS evidencing the information sought
in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
A. Based on a diligent review of available information, Fiberite can identify
the following brands of asbestos fiber: Johns-Manville, Canadian Ltd., JohnsManville Co., American Asbestos Textile Co., American Asbestos Co., Asbestos Corp. of America, C.P. Hall Co. of Illinois, Holcomb Safety Garment Co., Industrial Glove Co., Plymouth Industrial Products, Inc., Powhatan Mining Co., RaybestosManhattan, Amatex Corp., North American Asbestos, Chicago Firebrick Company, Turner Bros, Asbestos Ltd., Southern Asbestos, and H.K. Porter.
B. Not applicable because Fiberite never produced or placed RAW ASBESTOS
on the market. C. Not applicable because Fiberite never produced or placed RAW ASBESTOS on the market.
D. Based upon a diligent search and reasonable inquiry, Fiberite states:
chrysotile and amosite. The chemical composition is unknown.
E. The raw asbestos came in bulk fiber and cordage. The color of the material
ranged from whitish-gray to gray to brownish-gray. F. Please refer to Fiberite's Response to Interrogatory No. 31. G. No.
H. Not applicable.
I.
Based upon a diligent search and reasonable inquiry, Fiberite responds as
follows: No.
c
Between 1930 and 1985, did YOU ever engage in any of the activities listed below with regard to ASBESTOS-CONTAINING PRODUCTS? If so, state the inclusive dates of such activity:
A. Supply;
B. Importing;
C Distribution;
D. Marketing;
E. Sale;
F. Labeling: G. Manufacturing;
H. Brokering;
PESPONSE TO INTERROGATORY NO. 30:
A. Yes. B. No. C. Yes. D. Yes.
E. Yes.
F. Yes.
G. Yes.
H. No.
For dates, please refer to Fiberite's Response to Interrogatory No. 31.
1
TERROGATORY NO 31If your answer to any subpart of Interrogatory No. 31 regarding "ASBESTOSCONTAINING PRODUCTS" is in the affirmative, state:
. .
A. The trade, brand name, and/or generic name of each such ASBESTOSCONTAINING PRODUCT MARKETED in any form or quantity between 1930 and
1985;
B. The date(s) each such ASBESTOS-CONTAINING PRODUCT was first
placed on the market, including the date(s) each such ASBESTOS-CONTAINING PRODUCT was first MARKETED;
1. On an experimental basis; 2. On a test basis; or
3. For sale.
C The date(s) each such ASBESTOS-CONTAINING PRODUCT: 1. Ceased to be produced; or
2. Was recalled from the market, if ever.
D. A detailed description of the chemical composition of each such
ASBESTOS-CONTAINING PRODUCT, including the type and/or grade of asbestos and/or asbestos fiber contained in each such product and the quantitative percentage of asbestos or asbestos fiber in each such product, and all non-asbestos components of the ASBESTOS-CONTAINING PRODUCT, and if the chemical composition changed over time, the inclusive dates of each formulation;
E. A description of the physical appearance and nature of each such
ASBESTOS-CONTAINING PRODUCT, including any color coding, distinctive marking and/or logo, either on the product or on the packaging;
F. A detailed description of the intended use of each such ASBESTOS-
CONTAINING PRODUCT, including any temperature limits for each such use;
G. Whether any such ASBESTOS-CONTAINING PRODUCT was on the U.S.
Government's "Qualified Products List," and if so, the inclusive dates it was on such list;
H. The name and address of the supplier of the RAW ASBESTOS used in each
such product and the time period of such supply;
L Whether any of THIS DEFENDANT'S RAW ASBESTOS OR ASBESTOS'
CONTAINING PRODUCTS have, at any time, been sold, shipped, or otherwise
distributed to any COMPANY (including power company or utility), governmental agency or entity, shipyard, distributor, refinery, contractor, supplier, manufacturer, PREMISE owner or occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA. If so, state: 1. The names of each such COMPANY, governmental agency or entity, shipyard, distributor, supplier, manufacturer, refinery, contractor, PREMISE owner or occupant, ship owner, PREMISE or site;
2. The inclusive dates of each such sale, shipment, distribution, use or
installation and the amount (volume) and the trade or brand name of each such ASBESTOS-CONTAINING PRODUCT sold; 3. Whether you have any records indicating any such sale, shipment, distribution, use or installation and, if so, the name, address and job classification of each person who currently has possession of such records.
J.
Either (1)attach all DOCUMENTS evidencing the information sought in
this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
RESPONSE TO INTERROGATORY NO. 3 2
A-G.
M2 u .w
This product was an experimental ablative tape wrap with limited production. Based on a diligent review of available information, it appears that this product was manufactured in approximately 1964 and was sold only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S.Government missile
programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with an asbestos paper which was manufactured by Raybestos-Manhattan designated as RPD 40, or equivalent.
h4xG52
This product was an experimental ablative tape wrap with limited production. Based on a diligent review of available information, it appears that this product was manufactured in approximately 1963 and was used only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with graphite and asbestos.
MXI ,DA-1and MXI ,DA-2
These products were experimental, low density, reinforced phenolic composites and black in color. Based on a diligent review of available information, it appears that these products were only manufactured as samples in the Fiberite research laboratory and never left the Fiberite facility in Winona, Minnesota. Based on a diligent review of available information, these products were manufactured approximately in the early to mid-1970's. These products were reinforced with chrysotile asbestos. MXSA 99 This product was an experimental ablative tape wrap with limited production. Based on a diligent review of available information, it appears that this product was manufactured in the early 1960's and was used only in experimental, not commercial, quantities.
The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with asbestos fiber and scrap silica.
bm K ! u !
This product was an experimental phenolic resin impregnated asbestos tape material with limited production. Based on a diligent review of available information, it appears that this product was manufactured in approximately 1964 and was sold only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with Johns-Manville Microbestos A paper, or equivalent.
h4xkUL3
This product was an experimental ablative paper with limited production. Based on a diligent review of available information, it appears that this product was manufactured in the early 1960's and was used only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S.Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with Fibertape 1050, or equivalent.
M U 313
This product was an experimental ablative molding compound, bulk fibrous material, with limited production. Based on a diligent review of available information, it appears that this product was manufactured in approximately 1969 and was used only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This molding compound was reinforced with asbestos fibers.
b!txas!
This product was an experimental asbestos yarn impregnated with a phenolic resin with limited production. Based on a diligent review of available information, it appears that this product was manufactured in the 1960's and was used only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with woven Johns-Manville 4A 920 asbestos yarn, or equivalent.
luXAa2
This product was an experimental composite of asbestos and graphite fibers with limited production. Based on a diligent review of available information, it appears that this product was manufactured in the mid-1960's and was used only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000' F. The specific intended use of this product was for ablative applications on U.S. Government missile
programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with an experimental Fibertape, or equivalent.
hm w ! L
This product was an experimental molding compound with limited production. Based on a diligent review of available information, it appears that this product was manufactured in approximately 1966 and was used only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program.
l!dxu32
This product was an experimental ablative tape wrap and never left the Fiberite facility. This featherweight molding compound was reinforced with AAA asbestos fibers and high silica micro-balloons.
IxlxAuu
This product was an experimental ablative tape wrap with limited production. Based on a diligent review of available information, it appears that this product was manufactured in the 1960's and was used only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with a Johns-Manville Microbestos D paper, or equivalent.
-26d.fib.am.resp.GO129.rogs
lkiXan3
This product was an experimental ablative tape wrap with limited production. Based on a diligent review of available information, it appears that this product was manufactured in approximately 1964 and was sold only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with Fibertape 1052, or equivalent, comprising of 70% silica filler and 30% asbestos fibers.
h!umB5
This product was an experimental molding compound intended to be used for ablative purposes, such as for backup insulation. Based on a diligent review of available information, it appears that this product was manufactured in the early 1960's. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S.Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This product was reinforced with bulk asbestos fiber impregnated with a phenolic resin.
Mum
This product was an experimental ablative tape wrap with limited production. Based on a diligent review of available information, it appears that this product was manufactured for an unknown period of time in the early 1960's and was used only in experimental, not commercial, quantities.
The temperature limit for the M products is 6,000" F. The specific intended X use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with an asbestos-reinforced silicone rubber molding material.
JlaxBBi
This product was an experimental asbestos-reinforced tape material with limited production. Based on a diligent review of available information, it appears that this product was manufactured in approximately 1962 and was used only in experimental, not commercial, quantities. The temperature limit for the M products is 6,000" F. The specific intended X use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. This tape was reinforced with Johns-Manville ARP-40.
M X 5700
This experimental ablative tape wrap was erroneously designated as MXA 5700 in ICI Composites Inc.'s Amended Responses to Plaintiffs' Standard Interrogatories. The correct designation is MX 5700. In addition, subsequent discovery reveals that the reinforcement for this product was Johns-Manville Microbestos D-50 paper, or equivalent.
hamX!A
This experimental ablative tape wrap was erroneously designated as MXA 5700A in ICI Composites Inc.'s Amended Responses to Plaintiffs' Standard Interrogatories. The correct designation is M 5700A. X In addition, subsequent discovery reveals that the reinforcement for this product was Johns-Manville Microbestos D-30 paper, or equivalent.
JuxmmE
This product was an experimental ablative tape wrap. Based on a diligent review of available information, it appears that this product never left the Fiberite facility in Winona, Minnesota. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. It was reinforced with Johns-Manville Microbestos D-30 paper, or equivalent. It differed from MX 5700A only in that it also contained an epoxy filler.
MX 5700B
This product was an experimental ablative tape wrap. Based on a diligent review of available information, it appears that this product was sold only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Govenunent missile programs. This product was never qualified, however, for use on any U.S. Government program. The asbestos paper used was reinforced with Johns-Manville Microbestos S-50 paper, or equivalent.
l!mBQQ
This product was an experimental ablative tape wrap. Based on a diligent review of available information, it appears that this product was sold only in experimental, not commercial, quantities. The temperature limit for the M products is 6,000" F. The specific intended X use of this product was for ablative applications on U.S.Government missile programs. This product was never qualified, however, for use on any U.S. Government program.
It was reinforced with Johns-Manville Microbestos C-50 paper, or equivalent.
JPlX 58004
This product was an experimental ablative tape wrap. Based on a diligent review of available information, it appears that this product was sold only in experimental, not commercial, quantities. The temperature limit for the MX products is 6,000" F. The specific intended use of this product was for ablative applications on U.S. Government missile programs. This product was never qualified, however, for use on any U.S. Government program. It was reinforced with Johns-Manville Microbestos C-30 paper, or equivalent.
XA 6012
This product was an experimental ablative tape wrap and was reinforced with blue asbestos paper manufactured by North American Asbestos Corporation, or equivalent.
MXA 6014
This product was an experimental phenolic resin impregnated ablative tape wrap which was never mass produced and may never have left the Fiberite manufacturing facility in Winona, Minnesota. Based on a diligent review of available information, it appears that this product was manufactured in approximately 1965. The temperature limit for the MX products is 6,000" F. This product was never qualified on any government program. Due to the experimental nature of this product and the very small sample quantity which was manufactured, the specific intended use of this product is not known at this time. This tape was reinforced with Johns-Manville Microbestos paper, or equivalent.
BLtuBQ
This product was an experimental asbestos roving reinforced phenolic molding compound which could be used for ablative purposes. It was composed of an asbestos yarn, woven together and impregnated with a phenolic resin containing silica reinforcement. Based on a diligent review of available information, it appears that this product was only manufactured as samples in the Fiberite research laboratory and never left the Fiberite facility in Winona, Minnesota. This molding compound was reinforced with blue asbestos yam manufactured by North American Asbestos Corporation, or equivalent.
?2hmw!
This product was an experimental phenolic-based asbestos cordage. Based on a diligent review of available information, it appears that this product was only manufactured as samples in the Fiberite research laboratory in 1965 and never left the Fiberite facility in Winona, Minnesota. The intended use of this product was for mechanical parts requiring high strength and heat resistance. This product was never qualified, however, for use on any U.S.Government program. This product contained 40% chrysotile asbestos.
FM 6100
This product was a two-stage phenolic asbestos yarn reinforced molding compound, in black or natural color, designed for applications requiring high arc resistance combined with heat resistance and high mechanical strength for use with electrical switches. This product was designed to operate within the 0 - 300" Fahrenheit temperature range. Based on a diligent review of available information, it appears that this product was manufactured until approximately 1963. This product contained approximately 40% chrysotile asbestos. After a diligent review, however, the manufacturer of the yam is unknown.
-31d.fib.am.resp.GO129.rogs
l3ku22l
This product was a two-stage phenolic asbestos yam reinforced molding compound, in black or natural color, designed for applications requiring high arc resistance combined with heat resistance and high mechanical strength for use with electrical switches. This product was designed to operate within the 0 - 300' Fahrenheit temperature range. This product was manufactured until approximately
1983.
This product contained approximately 40% chrysotile asbestos. After a diligent review, however, the manufacturer of the yam is unknown.
PM 6101A
This product was a two-stage phenolic asbestos yarn reinforced molding compound, in black or natural color, designed for applications requiring high arc resistance combined with heat resistance and high mechanical strength for use with electrical switches. This product was designed to operate within the 0 - 300" Fahrenheit temperature range. This product was manufactured until approximately
1983.
This product contained approximately 40% chrysotile asbestos. After a diligent review, however, the manufacturer of the yarn is unknown.
h!u€w
This product was previously erroneously designated as FM 6204. Subsequent discovery reveals that the correct designation is M 6204. This product was a melamine base, asbestos-filled molding compound which was tan, black or brown in color with electrical and mechanical properties. This product was designed to operate within the 0 - 300"Fahrenheit temperature range. It contained approximately 20% amosite asbestos from 1961 to approximately 1973. Thereafter, it contained Wollastonite and cellulose fillers.
IuJm!u
This product was a melamine base, asbestos-filled molding compound, brown in color, with electrical and mechanical properties. This product was designed to operate within 0 - 300" Fahrenheit temperature range. This asbestos-containing product was manufactured from approximately 1961 to 1973. It contained approximately 20% amosite asbestos until approximately 1973. Thereafter, it contained Wollastonite and cellulose fillers.
lw2Qa
This asbestos-pellet material was an asbestos-reinforced molding compound, natural color, with a low bulk factor enabling it to be used in automatic equipment. It contained approximately 40% asbestos cuttings. Based on a diligent review of available information, it appears that this product was manufactured from approximately 1966-1968.
Jl uA 2 u w
This product was an experimental two-stage phenolic asbestos yam reinforced molding compound which could be used for clutch friction plates. This product was manufactured from approximately the early 1970's until approximately 1983. This product contained approximately 45% asbestos. After a diligent review, however, the manufacturer of the yam is unknown.
lU5 m25
This product was an experimental two-stage phenolic asbestos yam reinforced molding compound. The intended use for this product was for industrial selflubricating bearing applications. Based on a diligent review of available information, it appears that this product was only manufactured in the Fiberite research laboratory from approximately 1963 to approximately 1965. This product was never qualified, however, for use on any government program.
This product was a two-stage phenolic asbestos yarn reinforced molding compound designed as a component of electrical switches. This product was designed to operate within the 0 - 300" Fahrenheit temperature range. Subsequent discovery reveals that this product was manufactured from approximately 1956 until approximately 1983. This product contained 50% chrysotile asbestos.
These products were a two-stage phenolic asbestos yarn reinforced molding compound designed as a component of electrical switches. The products were designed to operate within the 0 - 300" Fahrenheit temperature range. Subsequent discovery reveals that these products were manufactured from approximately 1956 until approximately 1983. Subsequent discovery also reveals that these products contained 50% chrysotile asbestos, and not 40% as previously believed.
FM 17067
This product was a two-stage phenolic asbestos-filled molding material, natural in color, that was designed for electrical applications, such as electrical switches, requiring heat resistance combined with impact strength and electrical properties. This product was designed to operate within the 0 - 300" Fahrenheit temperature range. Subsequent discovery reveals that this product was manufactured from approximately 1955 until approximately 1963. Subsequent discovery also reveals that this product contained 40% asbestos, and not 20% as previously believed.
I3JzJz
This product was a shock-resistent, polypropylene molding compound modified with asbestos fibers. It was suited for use in electrical connections, ducts, impellers, housings, and other replacements of die cast metals. This product was
manufactured from approximately the mid 1960's until 1981. This product contained approximately 20% asbestos. After diligent investigation, however, the specific type of asbestos is unknown.
I%IE!xB
This product was a shock-resistent, polypropylene molding compound modified with asbestos fibers. It was suited for use in electrical connections, ducts, impellers, housings, and other replacements of die cast metals. This product was manufactured from approximately the mid 1960's until 1981. This product contained approximately 10% asbestos. After diligent investigation, however, the specific type of asbestos is unknown. H. Based on a diligent review of available information, Fiberite can identify the following suppliers of asbestos fiber: Johns-Manville, Canadian Ltd., JohnsManville Co., American Asbestos Textile Co., American Asbestos Co., Asbestos Corp. of America, C.P. Hall Co. of Illinois, Holcomb Safety Garment Co., Industrial Glove Co., Plymouth Industrial Products, Inc., Powhatan Mining Co., RaybestosManhattan, Amatex Corp., North American Asbestos, Chicago Firebrick Company, Turner Bros, Asbestos Ltd., Southern Asbestos, and H.K.Porter.
I.
After a reasonable search and diligent inquiry, Fiberite states as follows:
Sample quantities of M 5700 (approximately 100 lbs.) and possibly some MXA 6012 X were sold to the Aerojet facility in Nimbus, California some rime between 1962 and 1964. A sample quantity (less than 200 lbs.) of either MX 5700 or MX 5700A was supplied to Kaiser Aerotech in San Leandro, California some time between 1962 and 1964. A sample quantity of MX 5700 (approximately 18 lbs.) was supplied to Monitor Plastics in San Rafael, California some time between 1962 and 1964. A sample quantity of M 5700B (approximately 7 lbs.) was sold to Dargon Inc. X in Sunnyvale, California in 1963.
Sample quantities of MXA 150 were supplied to San Rafael Plastics in San Rafael, California in 1969. Sample quantities of MXA 150 were supplied to United Technology Center in Sunnyvale, California in 1969 (approximately 21 lbs.) and 1975 (approximately 12 lbs.). Lastly, FM 6101 was supplied to American Polytherm Co. in Sacramento, California from 1980 to 1984.
J. This information was compiled by Fiberite attorneys and staff after many
hours of research and investigation in different locations. The following product identification literature may contain information relating to the products described in responses to this interrogatory: Product brochures, product data sheets, material specification sheets, and sales orders.
INTERROGATORY NO. 32 (PREMISES DEFENDANTS only)
Did YOU install, remove, or handle or contract to have others install, remove, or handle RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at any PREMISES in the GEOGRAPHIC AREA which PREMISES is at issue as to YOU in San Francisco Superior Court asbestos litigation as of the date of your answers to these interrogatories? If so:
A. IDENTIFY the PREMISES.
B. For each of the PREMISES:
1. State the nature of your ownership or possessory interest; 2. State the inclusive date of that interest;
3. IDENTIFY the party from whom that interest was acquired;
4.
IDENTIFY the party, if any, to whom that interest was transferred.
C IDENTIFY every contract to which YOU were a party or of which you have
knowledge wherein the performance of such contract involved the installation, removal, disturbing or handling of any RAW ASBESTOS or ASBESTOS-
CONTAINING PRODUCTS at YOUR PREMISES. For each such contract:
1. IDENTIFY the parties to the contract;
2. Provide a general description and specific location of the work to be
performed by each party to the contract;
3. IDENTIFY and describe the NATURE of the RAW ASBESTOS or
ASBESTOS-CONTAINING PRODUCTS installed, removed, disturbed or handled in the performance of the contract;
4.
State the dates of the contract and the dates of performance;
D. Except as provided in response to subpart (c), has any work other than
routine maintenance been done on or to the PREMISES that involved the installation, removal, disturbing or handling of RAW ASBESTOS or ASBESTOS CONTAINING PRODUCTS? If so, for each such instance:
1. State the inclusive dates of the work;
2. Provide a general description and specific location of the work;
3. State whether the work was done by YOU and/or YOUR employees;
4.
IDENTIFY and describe the NATURE of the RAW ASBESTOS or
ASBESTOS-CONTAINING PRODUCTS installed, removed, handled or disturbed;
5. IDENTIFY from whom the RAW ASBESTOS OR ASBESTOSCONTAINING PRODUCTS were acquired.
E Has any asbestos abatement effort been made at the PREMISES? If so, for .
each such effort:
1. IDENTIFY who did the work; 2.
State the inclusive dates thereof;
3. State whether samples were taken, and, if the samples still exist,
IDENTIFY the custodian of the samples;
4.
State whether any material was tested, and, if so, what were the results
of each test;
5. IDENTIFY each test result with sufficient particularity for purposes of a request for production of documents, or, in the alternative, attach a copy to YOUR answers to these interrogatories.
F. Except for insurance coverage litigation, have you filed suit against, or
otherwise sought to recover from, any person or entity for some or all of the cost of asbestos abatement or for the property damage allegedly caused by the presence of
RAW ASBESTOS or ASBESTOSCONTAINING PRODUCTS on the PREMISES
identified in response to subpart (A) above? If so:
1. IDENTIFY the person or entity against whom YOU have filed suit or
otherwise sought to recover;
2. If YOU have filed suit, state the court in which the action was filed, the
date on which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel of record;
3. State whether or not the case has been resolved, and, if so, what was
the status or disposition.
G. Either (1)attach all DOCUMENTS evidencing the information sought in
this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
H. IDENTIFY the person(s) presently most knowledgeable about the
information sought in this interrogatory or its subparts.
Not applicable.
INTERROGATORY NO. 33 (CONTRACTOR DEFENDANTS only)
At any time between 1930 and 1985, did YOU hold a contractor's license in the State of California? If so:
A. IDENTIFY each license by type, date and number.
1
B. If on the date of your answers YOU are a defendant in four or more
2 3
4
asbestos actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU performed (directly or through one or more subcontractors) during this time period for work in any PREMISES which is at issue as to YOU on such date, and in any PREMISES of 50,000 square feet or more in the GEOGRAPHIC AREA which job or contract involved installation, removal, disturbing or handling RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS. (Alternatively, at your option, you may IDENTIFY each job or contract YOU performed (directly or through one or more subcontractors) during this time frame for all work, or for all work on PREMISES of 50,000 square feet or more, in the GEOGRAPHIC AREA.) As to each such job or contract: 1. IDENTIFY the location (including name of ship, if applicable) where the job or work was performed;
2. State the date of the contract or the inclusive dates of the work;
5
6
7
8
9
10 11 12 13 14 15 16 17 18 19
20
3. IDENTIFY the person or entity with whom you contracted;
4 State your job or contract number. .
C If on the date of your answers you are not a defendant in four or more
asbestos actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU performed (directly or through one or more subcontractors) during this time period for work in any PREMISES which is at issue as to YOU on such date. As to each such job or contract:
1. IDENTIFY the location (including name of ship, if applicable) where
21
22 23
24
the job or work was performed;
2. State the date of the contract or the inclusive dates of the work;
3. IDENTIFY the person or entity with whom you contracted;
4.
25
26
State your job or contract number.
27
UWOFFmsff W N COO LOPER. D
BESPONSE TO 1NI"IIWZGATORYNO. 33:
m
28
h h
Not applicable.
looe Hmiwn (*rm
0.ld.nd. CA M12-s41 Horn (610)wD-7Mo (610)4445191
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d.fib.am.resp.GO129.rogs
INTERROGATORY NO 34-
. .
Did any of the distributors identified in your Answer to Interrogatory Nos. 29 and 31 above have an exclusive distributorship? If so, state the relevant time period.
RESPONSE TO I~TERROGATORY NO. 34:
Not applicable.
INTERROGATORY NO 35.
. .
If THIS DEFENDANT entered into any agreements for the rebranding of any ASBESTOS-CONTAINING PRODUCTS by THIS DEFENDANT for resale or distribution by another person or entity, describe each agreement's terms and the parties to said agreement, the duration of the agreement, and name of each product(s) and/or material(s) covered by each such agreement.
RESPONSE TO INTERROGATORY NO 35.
. .
No.
INTERROGATORY NO 36.
. .
If THIS DEFENDANT entered into any agreements for the rebranding of ASBESTOS-CONTAINING PRODUCTS manufactured, sold, supplied or distributed
by another person or entity for resale or distribution by YOU, describe each of the
agreements and the parties to said agreement, the terms, the duration, and the names of each product(@and/or material@)covered by each such agreement.
No.
JNTERROGATORY NO 37. .
.
As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING PRODUCT listed in YOUR responses to Interrogatories No. 29 and 31 did
DEFENDANT warn of the health hazards of asbestos? If so, state for each such warning:
A. The content, size, color, and location; whether the warning appeared on
the material and/or on the container, and/or was placed on a tag; whether the warning was included in contracts; whether the warning was included in advertising or other promotional materials.
B. State whether you have any photographs thereof;
C The inclusive dates on which you used each such warning;
D. State all changes you made in such warnings and the dates of such changes;
and
E. Identify the person most knowledgeable about your warnings and warning
policy.
Yes. A. The warning stated: "CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST. Breathing Asbestos Dust May Cause Serious Bodily Harm." The size of the label was approximately 1-1/4" x 1-1/4". The label was multi-colored. The warning was placed on the label of containers of asbestos-containing products only.
B. Yes.
C. After a diligent search and reasonable inquiry, Fiberite is unable to provide a specific response to this request, but believes that the warning labels were affixed approximately from the late 1970's through 1983 when Fiberite ceased the production of any asbestos-containing materials. D. None.
E. John Beard.
INTERROGATORY NO 38. .
.
With respect to each of YOUR ASBESTOS-CONTAINING PRODUCTS, state whether THIS DEFENDANT'S name, a trademark, logos, color coding, or other identifying markings ever appeared on the actual product itself. If so, IDENTIFY each such product, state when the practice to place such identifying markings upon the product was begun and when it ended, if applicable, and describe in detail the pertinent marking(s) and the purpose, if any, of such markings.
RESPONSE TO INTERROGATORY NO 38.
. .
No.
TERROGATORY NO 39.
. .
Between the years 1930 to 1985, did THIS DEFENDANT purchase or otherwise acquire any ASBESTOS-CONTAINING PRODUCT lines from another person or entity? If so, state for each such purchase:
A. Date of purchase or acquisition; B. Terms of purchase or acquisition agreement;
C Either (1) attach all DOCUMENTS evidencing said acquisition, or (2) attach
disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
D. Trade, brand, and/or generic name of each such product line so acquired;
E Name of the person or entity from whom YOU purchased or acquired each .
such ASBESTOS-CONTAINING PRODUCT line; and
F. Location of any manufacturing facilities so acquired, and the type of
ASBESTOS-CONTAINING PRODUCTS manufactured therein.
RESPONSE TO INTERROGATORY NO. 39:
Yes.
A. Approximately 1953.
B. The precise terms are unknown.
C. Fiberite is not aware of any documents or disks relating to the purchase or acquisition.
D. High impact phenolic molding compounds. Fiberite acquired processes,
formulations and equipment used to produce molding compounds. Only one product, designated as BM 17067, contained asbestos. This product was re-designated as FM 17067. E. Bakelite Corporation Division of Union Carbide. F. Not applicable because no manufacturing facility was acquired.
1
Between the years 1930 to 1985, did THIS DEFENDANT sell any ASBESTOSCONTAINING PRODUCT line to another person or entity? If so, state for each such sale:
A. Date of sale;
B. Terms of sales agreement;
C Either (1)attach all DOCUMENTS evidencing said sale, or (2) attach disks
containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
D. Trade, brand, and/or generic name of each such product line sold;
E. Name of person or entity to whom YOU sold each such ASBESTOSCONTAINING PRODUCTS line; and
F. Location of any manufacturing facilities so sold, and the type of
ASBESTOS-CONTAINING PRODUCTS manufactured therein.
SPONSE TO INTE]BROGATORYNO. 4 : 4
No.
d.fib.am.resp.GO129.rogs
s
IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to ASBESTOS-CONTAINING PRODUCTS and/or RAW ASBESTOS which THIS DEFENDANT manufactured, sold, distributed or supplied from the year 1930 to
1985. For each such document, state:
A. A description of the document;
B. The year it was printed;
C The period of time in which it was used;
D. The purpose of such document;
E Whether the documents or copies of said documents presently exist; .
F. If said documents or copies still exist, where they are located; and G. The IDENTITY of the custodian of such documents. RESPONSE TO INTERROGATORY NO. 4k Product brochures and product data sheets for the products identified in Response to Interrogatory No. 31.
INTERROGATORY NO 4 2
. .
State if YOU have or had within YOUR corporate or other business structure any CONTRACT UNITS. PONSE TO INTERROGATORY NO.4 2 . No.
State whether or not any of YOUR CONTRACT UNITS installed and/or removed RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS in the GEOGRAPHIC AREA at any time between 1930 and 1985. If so: A. State the business addresses and name of the CONTRACT UNIT;
B. State the inclusive periods of time the CONTRACT UNITS were working
in the GEOGRAPHIC AREA;
C State the name and address of each job site within the GEOGRAPHIC
AREA and the dates the CONTRACT UNIT worked at those job sites, and, IDENTIFY the RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS installed or removed on each occasion;
D. Either (1)attach all DOCUMENTS evidencing the information sought in
this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. RESPONSE TO INTERROGATORY NO.43. Not applicable.
.
JNTERROGATORYNO. 44: When do YOU contend that THIS DEFENDANT first became aware that there is an association between asbestos exposure and disease in human beings? D P O N S E TO INTERROGATORY NO. 4 : 4 October, 1972.
9
How do YOU contend that THIS DEFENDANT first became aware that there is an association between asbestos exposure and disease in human beings.
Fiberite was informed by the State of Minnesota, Department of Health, Division of Environmental Health, that asbestos is a toxic substance and when inhaled in sufficient quantity can produce asbestosis or mesothelioma upon prolonged exposure.
OGATORY NO.46.
.
Either (1)attach all DOCUMENTS evidencing the information upon which YOUR contentions in YOUR answers to Interrogatories No. 44 and No. 45 are based, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
PONSE TO INTERROGATORY NO 46.
. .
Letter to Fiberite from State of Minnesota, Department of Health, Division of Environmental Health, dated October 2, 1972.
TERROGATORY NO. 47:
When did THIS DEFENDANT first warn its employees that exposure to asbestos could be hazardous to human health? State:
A. Whether the first such warning was written or oral;
B. Whether copies of DOCUMENTS containing such warning exist;
C The IDENTITY of the custodian of such DOCUMENTS;
D. The content of the warning.
RESPONSE TO INTERROGATORY NO, 47:
1972.
A. Oral.
B. Not applicable.
C. Not applicable.
D. Not applicable.
INTERROGATORY NO 48. .
Did THIS DEFENDANT ever issue a written COMPANY policy discontinuing warning its employees that exposure to asbestos could be hazardous to human health? If so,
.
A. Provide the date;
B. Describe the circumstances; and
C Either (1)attach all DOCUMENTS evidencing the information sought in
this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
RESPONSE TO INTERROGATORY NO. 4 : 8
No.
INTFRROGATORY NO. 49:
Did THIS DEFENDANT provide any Independent Contractor or Subcontractor within the GEOGRAPHIC AREA with a written warning that exposure to asbestos could be hazardous to human health.
RESPONSE TO INTERROGATORY NO 4 9
Not applicable.
. .
INTERROGATORY NO 5Q.
Has THIS DEFENDANT been cited for or otherwise charged by a public agency with a violation in the GEOGRAPHIC AREA of any statute, ordinance, safety order, regulation, or law pertaining to asbestos exposure? For each occasion, IDENTIFY:
.
A. The code section, safety order, statute, or regulation for which THIS
DEFENDANT had been cited or otherwise charged;
B. The date@)thereof.
C The agency or other governmental unit which issued the citation or
otherwise charged YOU.
D. All persons known to YOU with information relevant to the incident.
E What was the ultimate resolution. .
LAW ORlCESOF
1899n-Slml
l,.lE?IVL%*l Fnatdlw (810) N 7 e w
(110) 444-3131
P R :
No.
If THIS DEFENDANT has ever owned or operated a railroad, state: A. The IDENTIFY of each such railroad, including the name(s) of such railroad during the time period of YOUR ownership and/or operation, the principal place of business of such railroad and the dates of YOUR ownership and/or operation;
B. The geographic area of operation of such railroad;
C The name(s) of such railroad prior to YOUR ownership and/or operation;
D. The IDENTITY of the person or entity from whom YOU purchased your
ownership or operating interest, and the date of such purchase;
E. The IDENTITY of the person or entity to whom YOU sold your ownership
or operating interest, and the date of such sale;
F. Whether copies of DOCUMENTS evidencing your ownership/operation
and /or sale exist;
G. The IDENTITY of the Custodian of such DOCUMENTS;
H. To the extent that information has not been given in answers to
Interrogatory Nos. 32 and 33, the information requested in Interrogatory Nos. 32 and 33, for each railroad owned or operated by YOU.
Not applicable.
If DEFENDANT has ever owned or operated a shipyard, state: A. The IDENTITY of each such shipyard, including the name(s) of such shipyard during the time period of YOUR ownership and/or operation, the place of
business of such shipyard and the dates of YOUR ownership and/or operation;
B. The name(s) of such shipyard prior to YOUR ownership and/or operation;
C The IDENTITY of the person or entity to whom YOU sold your ownership
or operating interest, and the date of such sale;
D. Whether copies of DOCUMENTS evidencing your ownership/operation
and /or sale exist;
E. Whether any representative of THIS DEFENDANT attended the Maritime
Commission Conference in December 1942 in Chicago, Illinois? If so, IDENTIFY any such representative of THIS DEFENDANT;
F. The IDENTITY of the Custodian of such DOCUMENTS;
G. To the extent that information has not been given in answers to
Interrogatory No. 32, the information requested in Interrogatory No. 32, for each shipyard owned or operated by YOU.
PESPONSE TO INTERROGATORY NO. 52:
Not applicable.
JNTERROGATORYNO. 53:
At any time between 1930 and 1985, did you import, export, ship, transship or otherwise transport RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS into, out of or through any port in the GEOGRAPHIC AREA? If so, for each occasion:
A. IDENTIFY and describe the NATURE and amount of RAW ASBESTOS
and/or ASBESTOS-CONTAINING PRODUCTS;
B. IDENTIFY the ship or ships (including the owners and operators thereof)
onto or from which the RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS were loaded, unloaded or transshipped;
C State the dates, port and pier involved for each occasion;
D. Either (1)attach all DOCUMENTS evidencing the information sought in
this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents.
RESPONSE TO INTERROGATORY NO. 5 3
No.
DATED:
I ? 1998
& BERGEZ, LLP
4OV-12-98 THU 12: 54 PM
FAX NO, 201 324 8547 b
VERIFICATION
I, WKLIAM T. COLLINS, declare:
4
5
1)
I(
il
I am an officer of Fiberitc, Inc. ("Fiberite")and I am authorized to make this
Verification on its behalf. I have read the foregoing Responses to Interrogatories. matters statcd in the foregoing responses are not within my personal
7
8
111 The and I knowledge,
1 all such matters.
1
am informed that no officer of Fiberite has personal knowledge of
lo
11 12
1 upon thcir interviews and review of records. I am infonned by counsel, and /i therefore believe, that the facts stated in said responses to these interrogatories
(1
contained in records reviewed.
The facts in said responses have been assembled by counsel for Fiberite based
1 accurately rcflect the personal knowledge of yenom interviewed and information
I3
14 15
/1I
1 declare under penalty of pejury under the laws of Be State of California
that the foregoing is true and correct and that I executed the Verification on
FIBERITE, INC.
Vice President
I hereby declare: I am a citizen of the United States, over 18 years of age and not a pa within action. I am em lo ed in the Coun of Alameda; m business ad ressthe is 1999 Harrison Street, 1 th loor, Oakland, alifornia 94612- 541.
8%
z
l
T
That on the date listed below, I served a copy of the within document(s):
DEFENDANT FIBERITE, INC.'S AMENDED RESPONSES TO PLAINTIFFS' STANDARD GENERAL ORDER 129 INTERROGATORIES
on counsel in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows:
SEE AT'TACWIEID LIST
XX
(BY MAIL): I am "readily familiar" with the firm's practice of col.lection and corres ondence for mailing. Under that practice it would be Z E z p t w i t h tRe United States Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if ostal cancellation date or posta e meter date is more than one day after ate of deposit for mailing in affi avit.
%
4' '
-
(BY TELECOPIER): I caused such above-named documents to be sent via telecopier to the following counsel at the following telecopier ("FAX") telephone number(s):
(BY FEDERAL EXPRESS): I caused such full pre aid, to be picked up by an to e of/ of the addressee(s) as in ' ices
4
~
I
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed onNovember 13,l
SERVICE/MAILING LIST FOR: In Re: Complex Asbestos Litigation San Francisco County Superior Court Action No. 828684
Attorneys for Plaintiffs Francine S. Curtis, Esq. BRAYTON HARLEY CURTIS 222 Rush Landing Road P.O. Box 2109 Novato, CA 94948 Attorneys for Plaintiffs Christopher E. Grell, Esq. Law Offices of Christopher E. Grell 685 Market Street, #540 San Francisco, CA 94105
Attorneys for Plaintiffs Hry F. Wartnick, Esq. ar WARTNICK, CHABER, et al. 101 California Street, 2 n d Floor San Francisco, CA 94111
Attorneys for Plaintiffs Bruce L. Ahnfeldt, Esq. 1001 Second Street, #345 P.O. Box 6078 Napa, CA 94581
Attorneys for Plaintiffs Jack K. Clapper, Esq. Law Offices of Jack K. Clapper Marina Office Plaza 2330 Mainship Way, #I40 Nwato, CA 94965
Attorneys for Plaintiffs HARRISON & DEGARMO One Daniel Burnham Ct., #220-C San Francisco, CA 94109
Attorneys for PlaintiFfs VISSE & YANEZ One Daniel Burnham Ct., #220-C San Francisco, CA 94109
Designated Defense Counsel BERRY & BERRY Station D, P.O. Box 70250 Oakland, CA 94612-0250 ANDERSON, HERR & ZAPALA 84 West Santa Clara St., # 580 San Jose, CA 95113
ACKER, KOWALICK ,et al. 350 S. Figueroa St., Suite 900 Los Angeles, CA 90071
ADAMS, NYE,et al.
633 Battery Street, 5 h Floor t
San Francisco, CA 94111
ALDEN, ARONOVSKY & SAX 235 Montgomery St., 28th Floor San Francisco, CA 94104 ASSOC. INSULATION OF CA Fred J. Volberg, President ASSOC. INSULATION OF CA 841 Ava Court Lafayette, CA 90519
ARCHER, McCOMAS, et al. P.O. Box 8035 Walnut Creek, CA 945%
ARTER & HADDEN 725 S. Figuem St., Ste. 3400 Los Angeles, CA 90017
BAUGHMAN & ASSOCIATES 55 Public Square,Suite 2215 Cleveland, OH 44113 BOWLES & VERNA 2121 N. California Blvd., #875 Walnut Creek, CA 945%
BENNETT, SAMUELSEN, et al. 1951 Webster Street,#ZOO Oakland, CA 94612 BRADLEY, CURLEY & ASIANO 150 Spear Street, 1 t Floor 2h San Francisco, CA 94105
BLSHOP, BARRY, et al. 275 Battery St., 12th F1. San Francisco, CA 94111
483 Ninth
BJORK, LAWRENCE, et al. St. Oakland, CA 94607
BROBECK, PHLEGER & HARRISON CLAPP, MORONEY Spear Street Tower, 23rd Fl. 4400 Bohannon Dr., Suite 100 San Francisco, CA 94105 Menlo Park, CA 94025
CODDINGTON, HICKS,et al. 555 Twin Dolphin D . #300 r, Redwood City, CA 94065
CROSBY, HEAFEY, al. et P.O. Box 2084 Oakland, CA 94604
CULLOM & BURLAND 550 CaUomia St., Ste. 700 San Francisco, C A 94104
DANAHER, TEDFORD, et al. 1 700 Capital Place, 2 Oak Street Hartford, CT 06106-8000
DILLINGWAM & MURPHY 225 Bush Street, S x h Floor it Sari Francisco, CA 94104-4207
DICKSON, CARLSON, et al. P.O. Box 2122 Santa Monica, CA 904W
FITZGERALD & BAKER Spear Street Tower, 8 h Fl. t San Francisco, CA 94105
FOX & SHJEFLO, et al. 1730S. El Camino Real, 6 h Fl. t San Mateo, CA 94402
--
FREEBURG, JUDY, et al. 440 West First St., Suite 102 Tustin, CA 92780-3047
FREEBURG, JUDY, al. et 600South Lake Ave., 2nd Fl. Pasadena, CA 91106-3955
LAW OWICES O MARK GERAGHTY F
120 Broadway, 3rd Floor Santa Monica, CA 90401
GLASPY & GLASPY 100 Pringle Avenue, Suite 750 Walnut Creek, CA 945%
GLYNN, CELLA, et al. 100 Pringle Ave., #600 Walnut Creek, CA 945%
GORDON & REES 275 Battery St., 20th Floor San Francisco, CA 94111
GRACE, GENSON, et al. 44 South Flower St., #I000 .4 Los Angeles, CA 90071
GRAHAM & JAMES One Maritime Plaza San Francisco, CA 94111
HAIGHT, BROWN & BONESTEEL HARDY, ERICH, et al. P.O. Box 13530 100 Bush Street, 27th Floor Sacramento, CA 95853-4530 San Francisco, CA 94104
HASSARD, BONNINGTON 2 Embarcadem Ctr., Ste. 1800 San Francisco, CA 94111-3993
HAWKINS & PARNELL 4000 SunTmt Plaza 303 Peachtree St., N.E. Atlanta, GA 30308-3243 JACOBS & ASSOCIATES 201 Spear St., #I660 San Francisco, CA 94105
HILDEBRANDT & LUCKY 757 West 9th Street San Pedro, CA 90731
IMAI, TADLOCK & KEENEY 180 Montgomery Street, #I000 San Francisco, CA 94104
JACKSON & WALLACE 580 California Street, 15th Fl. San Francisco, CA 94104
JEDEIKIN, GREEN, et al. 300 Montgomery St., #450 San Francisco, CA 94104
JORDAN, KEELER & SELIGMAN 2 Ernbarcadem Ctr., Ste. 1960 San Francisco, CA 94111 LM BUTCHER COMPANY Benjamin Tarver 6569 Stomecroft Terrace Santa Rosa, CA 95406
KAYE ROSE & PARTNERS
One California Street, #2230 San Francisco, CA 94111
KINSELLA, BOESCH, et al. 1901 Ave. of the Stars, 7th Fl. Los Angeles, CA 90067
KNOX, RICKSEN 2101 Webster Street, Suite 650 Oakland, CA 94612
LAFAYETTE, KUMAGAI, et al. 100 Spear St., M00 San Francisco, CA 94105
LANDELS, RIPLEY, et al. Hills Plaza, 350 The Ernbarcadero San Francisco, CA 94105-1250
LANE,POWELL, et al.
2 Embarcadem Ctr., Ste. 2330 San Francisco, CA 94111
LOMBARD0 & GILLES 450 Lincoln Ave., Ste. 100 Salinas, CA 93902-2119
LONG & LEVIT 101 California St., Ste. 2300 San Francisco, CA 94111
LOW, BALL & LYNCH 601 California St., 2 s Fl. 1t San Francisco, CA 94108
LYNCH, GILARDI, et al. 50 Francisco St., MOO San Francsico, CA 94133
MARRON, REID & SHEMY 601 California St., Suite 1200 San Francisco, CA 94108-28%
McINERNEY & DILLON One Kaiser Plaza, 18th Fl. Oakland, CA 94612
McNAMARA, HOUSTON, et al. P.O. Box 5288 Walnut Creek,CA 94596
M E N D S & MOUNT 725 So.Figwma S . 19th F1. t, Los Angeles, CA 90017-5419
MISCIAGNA dr COLUMBATTO 27 Maiden Lane, 4th Floor San Francisco, CA 94108
MORGENSTEIN & JUBELIRER Spear Street Tower, 32nd Fl. San Francisco, CA 94105
LAW OFFICES OF PETER NOVA
P.O. Box 1328 Sonoma, CA 95478
OGDIE & ARMSTRONG One Kaiser Plaza, Suite 825 Oakland, CA 94612
ORRICK, HERRINGTON, et al. 400 Sansome Street San Francisco, CA 94111
PAETZOLD, WHITE,et al. 180 Grand Avenue, Suite 330 Oakland, CA 94612-3741
PRINDLE, DECKER, et al. 369 Pine Street, Suite 800 San ~rancisco, 94014 CA
PRINDLE, DECKER et al. P.O. Box 22711 Long Beach, CA 90802-5090
ROPERS, MAJFSKI,et al. 670 Howard Street San Francisco, CA 94105
RUSHFORD & B o N O r n P.O. Box 255689 Sacramento, CA 95865
SACK, Mn.LER & ROSENDIN One Kaiser Plaza, Suite 340 Oakland, CA 94612
ST. PETER &COOPER
SCADDEN, HAMILTON
---
3 Embmdem Ctr., Suite 2900 San Francisco, CA 94111
580 California St., Ste. 1400 San Francisco, CA 94104
SCHAFFERaELAX 5757 Wilshire Blvd., Ste. 600 Los Angeles, CA 90036-3664
SCHOFIELD & SCHIZLER 100Pringle Avenue, Suite 510 Walnut Creek, CA 945%
SEDCWICK, DETERT, et al. 1Embarcadem Ctr., 1 t Fl. 6h San Francisco, CA 94111-3765
SHEA & GARDNER
1800 Massachusetts Ave., N.W.
STARK,WELLS,et al. 1999 Harrison S. Suite 1300 t,
Oakland, CA 94612
STEEFEL,LFiVl'lT & WEISS
1Ernbarcadem Ck., 30th Fl. San Francisco, CA 94111
Washington, D.C. 20036
-, S DRUMMOND 1910 Olympic Blvd., Suite 250 Walnut Creek, CA 945%
SULLIVAN, HILL,et al.
550 West C Street, Suite 1500 San Diego, CA 92101-3450
THELEN, MARRIN et al. 2 Embarcadero Ch., Ste. 2200 San Francisco, CA 94111
T a L Y & CRAVES 500 Samome Street, Suite 800
San Prandsco, CA 94111
VOGL & MEREDITH 456 Montgomery St., 2 t Fl. 0h San Francisco, CA 94104
WALSWORTH, FRANKLIN,et al. 550 Montgomery St., 8th Floor San Francisco, CA 94104
WALSWORTH, FRANKLIN,et al. One City Blvd. West, #308 Orange, CA 92668
VERIFICATION
I, WILLIAM T. COLLINS, declare:
I am an officer of Fiberite, Inc. ("Fiberite") and I am authorized to make this
Verification on its behalf. I have read the foregoing Responses to Interrogatories. The matters stated in the foregoing responses are not within my personal knowledge, and I am informed that no officer of Fiberite has personal knowledge of all such matters. The facts in said responses have been assembled by counsel for Fiberite based upon their interviews and review of records. I am informed by counsel, and therefore believe, that the facts stated in said responses to these interrogatories accurately reflect the personal knowledge of persons interviewed and information contained in records reviewed. I declare under penalty of pejury under the laws of the State of California that the foregoing is true and correct and that I executed the Verification on t h d d day of
I
FIBERITE, INC.
Vice President