Document b58L1RMjOM1aN6jJX1eKzgG5o

1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 David Booth Beers', State Bar No. 030799 Dana J. Martin, State Bar No. 159860 Shea & Gardner 1800 Massachusetts Avenue, N.W. Washington, D.C. 20036 (202) 828-2000 Attorneys for Defendant Rockwell International Corporation RECEIVED DEl* - b 139^ IN THE SUPERIOR COURT OP THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA MARIE CADEI, ET AL., Plaintiff, v. OWENS-CORNING FIBERGLAS COR?.', ET AL., Defendants. ) ) ) ) ) ') ) ) ) ) ) ) No. 739867-2 DEFENDANT ROCKWELL'S RESPONSES TO PLAINTIFFS' FIRST SET OF STANDARD INTERROGATORIES Propounding Party: Plaintiffs Responding Party: Defendant Rockwell International Corporation Set: Plaintiffs' First Set of Standard Interrogatories (Dated December 16, 1988) INTRODUCTION Rockwell hereby submits its responses to plaintiffs1 46 standard interrogatories, which were served upon Rockwell 47 with the complaint in the above-captioned case. In 48 answering these interrogatories, Rockwell has construed 49 plaintiffs' inquiries regarding "asbestos-containing DEPOSITION EXHIBIT io 1 products" to refer to asbestos-containing products 2 contained in certain automotive brakes, brake assemblies, 3 brake parts, or other brake equipment manufactured or 4 otherwise supplied by Rockwell to which plaintiffs allege 5 the decedent was exposed. Rockwell has taken this approach 6 because it understands that plaintiffs* claims are based 7 upon the decedent's alleged exposure to asbestos from 8 working with certain automotive brake products, i' To the 9 extent these interrogatories request information about 10 products other than automotive brake products, therefore, 11 Rockwell objects on the ground that information about such 12 products would not be relevant to any issue in this case or 13 be reasonably calculated to lead to the discovery of 14 admissible evidence. Rockwell hereby incorporates this 15 objection into each of its responses below. 16 17 1/ Upon a telephone inquiry as to product identification 18 in this case, counsel for Rockwell was informed by the 19 office of plaintiffs' counsel that this is a "heavy-duty 20 automotive brake" case. We have proceeded based upon that 21 representation, which is consistent with decedent's work 22 history as described in 5 VIII of the first cause of action 23 listed in plaintiffs' First .Amended Complaint. Moreover, 24 certain automotive brake products appear to be the only 25 Rockwell products that plaintiffs allege could have been 26 used in connection with the decedent's employment and could 27 have contained asbestos. If, through discovery, plaintiffs 28 develop some basis for contending that the decedent was 29 exposed to asbestos contained in some other Rockwell 30 product, Rockwell will conduct an investigation to determine 31 whether the answers to these interrogatories should be 32 supplemented. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 INTERROGATORY NO. li State the IDENTITY of each person who has supplied information used in answering these interrogatories- ANSWER: The information used in answering these interrogatories was gathered over a number of years in connection with asbestos-related litigation against * Rockwell in numerous courts, and was supplied by several present and former Rockwell employees, many of whom provided only limited information. Those employees .who chiefly provided the information used were as follows: Name/Dates Deoartment Rockwell Location Ms. Barbara Boroughf 1978-present Mr. Larry Bowman 1977-present Mr. Gerry Danner 1975-present Mr. James English 1963-present Mr. James Ferguson 1971-present Mr. Andy Hansen 1968-present Mr. Glen Hottman 1968-present Mr. Ralph Johnson 1968-present Mr. Timothy Kephart 1978-present Mr. Bruce Ketcham 1978-present Mr. Rober Mathers 1969-93 Mr. Stephen McBride 1963-present Mr. Sam Narayan 1967-present Mr. Jerry Rush 1977-present Safety Engineering Engineering Quality and Reliability Sales Quality Control Engineering Sales Purchasing Product Analysis Consultant Sales Engineering - Safety Troy, Michigan Troy, Michigan Troy, Michigan Kenton, Ohio Kenton, Ohio Oshkosh, Wise. Kenton, Ohio York, S.C. York, S.C. Troy, Michigan Troy, Michigan Kenton, Ohio Troy, Michigan Troy, Michigan 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IB 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 INTERROGATORY NO. 2: State whether YOU are a corporation. If so, state: a. YOUR full corporate name,* b. the state of incorporation; c. the date of incorporation; d. the address of YOUR principal place of business; e. if YOU are wholly-owned or if more than five (5) percent of the ownership interest of YOUR COMPANY is owned by another business entity, state that entity's name and principal place of business. ANSWER: Yes. (a) Rockwell International Corporation. (b) Delaware. (c) 1973'. (d) 2201 Seal Beach Boulevard, Seal Beach, California 90470. (e) Not applicable. INTERROGATORY NO. 3s Has THIS DEFENDANT ever been identified, known, or done business under any other name? If so, please state such name or names and the time period during which THIS DEFENDANT was so known or identified. ANSWER: Since at least 1935, Rockwell or its corporate predecessors-in-interest have purchased asbestos-containing brake linings from other manufacturers for re-sale throughout the United States and elsewhere in conjunction with medium and heavy-duty brakes and brake assemblies manufactured by Rockwell, chiefly as original equipment for certain commercial and military vehicles. To a lesser extent, Rockwell has also sold replacement brakes and brake 4 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 assemblies with purchased brake linings, and, in addition, Rockwell has sold small numbers of such purchased brake linings separately as replacement parts. The companies in Rockwell's corporate history selling such brakes, brake assemblies, and brake parts have been: Timken-Detroit Axle, until late 1953 when it was consolidated into Rockwell Spring and Axle Co., which in April 1958 became Rockwell-Standard Corporation, which in turn was merged in September 19 67 into North American Rockwell. In February 1973, this company was merged into Rockwell International Corporation, the brake operations of which have since been conducted by its Automotive Division with headquarters at 2135 West Maple Road, Troy, Michigan 48084. INTERROGATORY NO. 4: - State whether YOU have ever been registered or qualified to do business in the State of California. If so, state the date YOU became qualified to conduct business in the State of California. ANSWER: Yes; July 27, 1935. INTERROGATORY NO. 5s Does THIS DEFENDANT currently have, or has THIS DEFENDANT had a department, division, subdivision, branch or group responsible for the design, development, manufacture, testing and use of ASBESTOS-CONTAINING PRODUCT(S). If so, state: a. the name of each present or former corporate department, division, subdivision, branch or group; 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 -42 43 44 45 b. the IDENTITY of the person most knowledgeable about such department, division, subdivision, branch or group. ANSWER: No; see answer to Interrogatory No. 3. INTERROGATORY NO. 6: Has THIS DEFENDANT engaged in the MARKETing of ASBESTOS-CONTAINING PRODUCT(S) comprised in whole or in part of amosite asbestos fiber; if so, please state: a. the trade, brand name and/or generic name of each type of product; b. the date(s) THIS DEFENDANT first MARKETed each type of product? c. the date-(s) THIS DEFENDANT ceased MARKETing each type of product; d. a description of the chemical composition of each type of product, including: (i) the type(s) and/or grade(s) of RAW ASBESTOS FIBER contained in each type of product? (ii) the quantitative percentage of the type(s) of RAW ASBESTOS 'FIBER in each type of product; (iii) any change(s) in the quantitative percentages of the type(s) of RAW ASBESTOS FIBER in each type of product? e. the NATURE of each type of product; f. a description of any wording, markings and/or logo on each type of product? g. the recommended use(s) of each type of product, including temperature limits? h. the name(s) of the manufacturer(s) of each type of product; i. the name(s) and address(es) of the supplier(s) of the amosite asbestos fiber used in each type of product? j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of amosite asbestos fiber by THIS DEFENDANT. ANSWER: No. INTERROGATORY NO. 7: Has THIS DEFENDANT engaged in the MARKETing of amosite asbestos fiber; if so, please state: 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 a. the name and location of each amosite asbestos mine which THIS DEFENDANT presently operates, has operated, or in which THIS DEFENDANT has or had an ownership interest, including the dates of such ownership, and the grade of amosite asbestos fiber mined; b. the date(s) THIS DEFENDANT first MARKETed amosite asbestos fiber; c. the date(s) THIS DEFENDANT ceased MARKETing amosite asbestos fiber; d. the grade(s) of such amosite asbestos fiber ' MARKETed by THIS DEFENDANT; e. the recommended use(s) of each grade of such amosite asbestos fiber, including any temperature limits; f. the name(s) and address(es) of the supplier(s) of amosite asbestos fiber to THIS DEFENDANT. ANSWER: No. INTERROGATORY NO. 8: Has THIS DEFENDANT engaged in the MARKETing of ASBESTOS-CONTAINING PRODUCTS'comprised in whole or in part of chrysotile asbestos fiber; if so, please state: a. the trade, brand name and/or generic name of each type of product; b. the date(s) this DEFENDANT first MARKETed each type of product; c. the date(s) this DEFENDANT ceased MARKETing each type of product; d. a description of the chemical composition of each type of product, including: (i) the type(s) and grade(s) of asbestos fiber contained in each type of product; (ii) the quantitative percentage of the types of asbestos fiber in each type of product; (iii) any change(s) in the quantitative percentages of the type(s) of asbestos fiber in each type of product; e. the NATURE of each type of product; f. a description of any wording, markings and/or logo on each type of product; g. the recommended use(s) of each type of product, including temperature limits? h. the name of the manufacturer of each type of product; i. the name(s) and address(es) of the supplier(s) of the chrysotile asbestos fiber used in each type of product; 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of chrysotile asbestos fiber by THIS DEFENDANT. ANSWER: (a)-(c), (e), (g) Rockwell has never mined, sold, or purchased raw asbestos fiber. Rockwell has never itself manufactured any asbestos-containing product. See answer to Interrogatory No. 3. Normally, asbestos-containing brake linings purchased by Rockwell are physically incorporated by Rockwell into its brakes and brake assemblies; but small numbers of such purchased brake linings are re-sold separately by Rockwell as replacement parts. Asbestos-containing brake linings purchased by Rockwell have come in solid, block-like form, and they are either grey or brown in color. In the 1980s, Rockwell gradually stopped manufacturing and selling brake assemblies with asbestos-containing linings for most automotive uses. " (d) Rockwell understands that all asbestos-containing linings used in its brakes have been made with chrysotile asbestos. Rockwell does not know the answer to the remainder of this interrogatory. - (f) Rockwell's name and/or corporate logo has appeared stamped on the undersides of brake shoes and on a plate attached to brake assemblies. Rockwell's name and/or corporate logo was printed in blue and white or black and white on cardboard boxes of replacement brake linings supplied by Rockwell. The brake linings that Rockwell has 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 purchased have not borne the names or trademarks of their manufacturers, but in some cases they have borne a letter code identifying the manufacturers, such as "ABB" (Abex) , "MM" (Carlisle) and "RM" (Raybestos-Manhattan). In some instances, the lining manufacturers have stamped Rockwell's name and/or corporate insignia on the linings before shipment to Rockwell. (h) Rockwell purchased brake linings from a number of different manufacturers from time to time, including Abex, Raymark, Bendix, Carlisle, Wagner, Johns-Manville, Maremont, Nuturn, S.K. Wellman, H.K. Porter, Gatke, Worldbestos, and possibly others, as well as predecessors and successors to these companies. (i) Rockwell does not know the answer to this interrogatory. (j) Not applicable. INTERROGATORY NO. 9; Has THIS DEFENDANT engaged in the MARKETing of chrysotile asbestos fiber; if so, please state: a. the name and location of each chrysotile asbestos mine which THIS DEFENDANT presently operates, has operated, or in which THIS DEFENDANT has or had an ownership interest, including the dates of such ownership, and the grade of chrysotile asbestos fiber mined; b. the date(s) THIS DEFENDANT first MARKETed chrysotile asbestos fiber; c. the date(s) THIS DEFENDANT ceased MARKETing chrysotile asbestos fiber; d. the grade(s) of such chrysotile asbestos fiber MARKETed by THIS DEFENDANT; e. the recommended use(s) of each grade .of such chrysotile asbestos fiber, including temperature limits; f. the name(s) and address(es) of the supplier(s) of chrysotile asbestos fiber to THIS DEFENDANT. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ANSWER: No. INTERROGATORY NO. 10: Has THIS DEFENDANT engaged in the MARKETing of ASBESTOS-CONTAINING PRODUCTS comprised in whole or in part of crocidolite asbestos fiber; if so, please state: a. the trade, brand name and/or generic name of each type of product; b. the date(s) THIS DEFENDANT first MARKETed each type of product; c. the date(s) THIS DEFENDANT ceased MARKETing each type of product; d. a description of the chemical composition of each type of product-, including: (i) the type(s) and grade(s) of asbestos fiber' contained in each type of product; (ii) the quantitative percentage of the type(s) of fiber in each type of product; (iii) any change(s).in the quantitative percentages of the type(s) of asbestos fiber in each type of product; e. the NATURE of each type of product; f. a description of any wording, markings and/or logo on each type of product; g. the recommended use(s) of each type of product, including temperature limits; h. the name of the manufacturer of each type of product; i. the name(s) and address(es) of the supplier(s) of the crocidolite asbestos fiber used in each type of product; j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of crocidolite asbestos fiber by THIS DEFENDANT. ' ANSWER: No. INTERROGATORY NO. 11: Has THIS DEFENDANT engaged in the MARKETing of crocidolite asbestos fiber; if so, please state: a. the name and location of each crocidolite asbestos mine which THIS DEFENDANT presently operates, has operated, in the, and/or in which THIS DEFENDANT has or had an 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ownership interest, including the dates of such ownership, and the grade of asbestos fiber mined; b. the date(s) THIS DEFENDANT first KARKETed crocidolite asbestos fiber; c. the date (s) THIS DEFENDANT ceased MARKETing crocidolite asbestos fiber? d. the grade(s) of such crocidolite asbestos fiber MARKETed by THIS DEFENDANT; e. the recommended use(s) of each grade of such crocidolite asbestos fiber, including temperature limits; f. the name(s) and address(es) of the supplier(s) of crocidolite asbestos fiber to THIS DEFENDANT. ANSWER: No. INTERROGATORY NO. 12: Does or did THIS DEFENDANT own shares of stock or otherwise have an ownership interest in a COMPANY which MARKETed ASBESTOS-CONTAINING PRODUCT(S); if so, please state: ' a. the name of such COMPANY; b. the date of incorporation of such COMPANY; c. the state of incorporation of such COMPANY; d. the date such interest was acquired? e. the date such interest changed or terminated, if applicable; " f. the name and location of each facility of such COMPANY; g. the name of each type of ASBESTOS-CONTAINING PRODUCT(S) manufactured, processed and/or assembled by such COMPANY. ANSWER: No. See answer to Interrogatory No. 3. INTERROGATORY NO. 13: . Did THIS DEFENDANT own any shares of stock or otherwise have an ownership interest in a COMPANY that MARKETed RAW ASBESTOS FIBER? if so, please state: - a. the name of such COMPANY? b. the date of incorporation or charter of such COMPANY ? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 c. the state or country of incorporation'of such COMPANY; d. the date such interest was acquired; e. the dates such interest changed or terminated, if applicable; f. the name and location of each asbestos mine owned by such COMPANY; g. the grade and type of RAW ASBESTOS FIBER mined at each mine. ANSWER: No. INTERROGATORY NO. 14: Has THIS DEFENDANT warehoused any RAW ASBESTOS FIBER or ASBESTOS-CONTAINING PRODUCT(S) in the State of California; if so, please state: a. b. c. records. the address of each warehouse facility; the year(s) THIS DEFENDANT utilized each facility; the IDENTITY of the 'custodian of warehousing ANSWER: No. INTERROGATORY NO. 15; " Has THIS DEFENDANT owned or operated facilities anywhere in the United States in which ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed and/or assembled; if so, state: a. the dates said facilities have been in operation; b. the name of each type of ASBESTOS-CONTAINING PRODUCT manufactured, processed or assembled at each such facility; c. the address of each such facility, including city and state. ANSWER: Yes. Rockwell has supplied asbestos-containing brake linings from the following facilities: Incorporated Into Brake Assemblies and Brake Parts Ashtabula, Ohio (1948-87) Asheville, N.C. (1982-Present) 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Battle Creek, Mich. (1974-84) Detroit, Mich. (1909-74) Kenton, Ohio (1949-Present) Knox, Ind. (1964-82) Marysville, Ohio (1972-82) Newark, Ohio (1951-Present) New Castle, Pa. (1949-93) Oshkosh, Wis. (1919- Present) Pontiac, Mich. (1985-89) Tilbury, Ontario (1959-Present) Utica, N.Y. (1946-64) York, S.C. (1981-Present) Walled Lake, Mich. (1981-85) Winchester, Ky. (1966-92) Sold as Replacement Brake Parts Brampton, Ontario (1988-Present) Florence, Ky.. (1976-Present) Hayward, Cal. (1977-86) Mississauga, Ontario (1982-88) INTERROGATORY NO. 16i Has THIS DEFENDANT purchased or otherwise acquired any rights to the manufacture of ASBESTOS-CONTAINING PRODUCT(S) from another COMPANY? If so, state: a. the date of purchase or acquisition of such rights? " b. the trade, brand and/or generic name of such ASBESTOS-CONTAINING PRODUCT(S); c. the name and location of any COMPANY from which such rights were purchased or acquired? d. the IDENTITY of the custodian of records of such purchase(s) or acquisition(s) . ANSWER: No. INTERROGATORY NO. 17: . Has THIS DEFENDANT applied for and/or received any patent(s) for any ASBESTOS-CONTAINING PRODUCT(S). If so, state for each such ASBESTOS CONTAINING PRODUCT: a. the product for which each patent was applied and/or issued? b. the date(s) of application? 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 c. the date(s) of issuance of the patent(s) if granted; d. the date(s) of renewal, if any; e. the patent number(s); f. the name of the individual or COMPANY to whom each patent was issued? g. the IDENTITY of the custodian of patent records of THIS DEFENDANT. ANSWER: No. ' INTERROGATORY NO. 18i Has THIS DEFENDANT registered any trademark(s) for any ASBESTOS-CONTAINING PRODUCT(S); if so, state for each such ASBESTOS-CONTAINING PRODUCT: a. the product for which each trademark was registered; b. whether the registration was State or Federal; (i) if a State, name the State? c. date(s) of registration; d. the term(s) thereof? e. the date(s) of renewal? f. the name of the individual or COMPANY to whom each trademark was registered; g. the IDENTITY of the custodian of such trademark records of THIS DEFENDANT. ANSWER: No. INTERROGATORY NO. 19: Did THIS DEFENDANT contract with the General Services Administration and/or other federal-government agency for the sale, anywhere in the United States, of RAW ASBESTOS FIBER; if so, state for each such sale: a. the grade(s) and type(s) of RAW ASBESTOS FIBER; b. the quantity ? c. the date(s) of delivery; d. the location(s), including the address(es), of delivery? e. the name(s) of the agency with which THIS DEFENDANT contracted? f. the date(s) of execution of such contract(s); g. the IDENTITY of the custodian of such contract records of THIS DEFENDANT. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 _38 39 40 41 ANSWER: No. INTERROGATORY NO. 20: Did THIS DEFENDANT contract with the General Services Administration and/or other federal-government agency for the sale, anywhere in the United States, of ASBESTOS CONTAINING PRODUCT(S), please state for each such sale:' a. the type of product; b. the quantity; c. the date(s) of delivery; d. the location(s), including the address(es), of delivery; e. the name(s) of the agency with which THIS DEFENDANT contracted; . f. the date(s) of execution of such contract(s); g. the IDENTITY of the custodian of such contract records of THIS DEFENDANT. ANSWER: No. INTERROGATORY NO. 21: Does THIS DEFENDANT have any records of the MARKETing, advertisement, or delivery of its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S) in or to NORTHERN CALIFORNIA? If so, state: a. the manner in which the records are kept, (e.g., in boxes, files, on microfilm, microfiche or computer tape or disk); b. the location(s) and address(es) where such records are maintained; . c. the IDENTITY of the custodian of such records. ANSWER: Rockwell's records of sales of its automotive brake products have not been maintained on such a geographical basis. INTERROGATORY NO. 22: If this defendant has in its possession any records of the MARKETing, advertisement, or delivery of its RAW 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ASBESTOS FIBER and/or. ASBESTOS-CONTAINING PRODUCTS (including microfilm, microfiche, computer tape or disk, or any other system in which data is taken from other records), state whether THIS DEFENDANT has retained the original DOCUMENTS from which the data entered into these modes of storage was obtained. If THIS DEFENDANT has not retained such original DOCUMENTS, state: a. the date(s) when and location(s) where the original DOCUMENTS were disposed of; b. the IDENTITY of the custodian of the original DOCUMENTS at the time of their disposal. ANSWER: Rockwell maintains originals of some documents reflecting sales of its brakes and brake parts that have also been reproduced in other forms, and such originals are- maintained at the* locations referred to in the answer to Interrogatory No. 15. Each such facility has a records custodian. Many original records, however, have been discarded in the ordinary course of business. INTERROGATORY NO. 23: Does THIS DEFENDANT have in its possession any exemplar(s) of advertisements or brochures describing its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAININGPRODUCTS; if so,* please state: a. the location of each exemplar; b. the year(s) in which said exemplar(s) was utilized; c. the IDENTITY of the custodian of such exemplars. ANSWER: Yes. The answer to the remainder of this interrogatory may be ascertained from copies of the relevant advertisements and brochures, which will be made available for inspection at the offices of Rockwell's National Coordinating Counsel, Shea & Gardner, 1800 Massachusetts Avenue, N.W., Washington, D.C. 20036. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 INTERROGATORY NO. 24: State the following: a. the address(es) where the corporate records of THIS DEFENDANT (including minutes from the Board of Directors meetings and corporation annual reports), are currently located; b. the IDENTITY of the custodian of such records. ANSWER: Corporate records are stored at the various Rockwell plants identified above, as well as at Rockwell's corporate offices in Pittsburgh, Pennsylvania and Seal Beach, California, and at Rockwell's automotive division headquarters in Troy, Michigan. Each facility has its own records custodian. INTERROGATORY NO. 25: Describe the packaging or containers in which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER, including composition, dimension, shape and color. ANSWER: Not applicable. INTERROGATORY NO. 26: . Describe any logo, design, marking or printing, including size and color, which appeared on the packaging or containers in which THIS DEFENDANTsold and/or distributed RAW ASBESTOS FIBER. ANSWER: Not applicable. ` INTERROGATORY NO. 27; Describe the packaging or containers in which THIS DEFENDANT sold and/or distributed ASBESTOS-CONTAINING PRODUCT(S), including composition, dimension, shape and color. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ANSWER: Rockwell's brake products with asbestos-containing linings have generally been shipped as follows: (1) brakes with axles: stacked and banded on wooden pallets? (2) stand-alone brake units: stacked and banded on wooden pallets and, in recent years, encased in plastic; (3) replacement linings and linings on shoes: cardboard boxes. INTERROGATORY NO, 28: Describe any logo, design, marking or printing, including size and color, which appeared on the packaging or containers in which THIS DEFENDANT sold and/or distributed ASBESTOS-CONTAINING PRODUCT(S). ANSWER: See answers to Interrogatory Nos. 8(f) and 29. INTERROGATORY NO. 29: Does THIS DEFENDANT have any exemplars of packaging or containers in which its RAW ASBESTOS FIBER and/or ASBESTOS- CONTAINING PRODUCTS were sold and/or distributed. If so, state: - a. the location of each exemplar; b. the year(s) in which said exemplar(s) was utilized; c. the IDENTITY of the custodian of such exemplars. ANSWER: Yes, insofar as this question relates to packaging or containers currently in use. The answer to the remainder of this interrogatory may be ascertained from the exemplars themselves and related documents, which will be made available for inspection at the offices of Shea & Gardner. INTERROGATORY NO. 30: 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Did THIS DEFENDANT put warnings of asbestos-related health hazards on bags of RAW ASBESTOS FIBER; if so, please state: a. the wording of such warning(s) , including size, location, and color? b. whether the warning was put on a tag attached to the bags; c. the date such warning(s) was first used? d. whether any change was made in the wording of such warnings, the date(s) of such change, and the reasons for such change. ANSWER: Not applicable. INTERROGATORY.NO, 31: Did THIS DEFENDANT put warnings of asbestos-related health hazards on the packaging or containers of ASBESTOSCONTAINING PRODUCT(S)? If so, please state: a. the wording of such 'warnings, including size, location on the packaging or containers, and color? b. the date such warning(s) was first used? c. whether any change was made in the wording of such warning(s), the date(s) of such change, and the reason(s) for such change. ANSWER: Yes. - . Asbestos-containing brake linings: since the late 1970s. Brake equipment into which asbestos-containing brake linings were incorporated: since 1987. The answer to the remainder of this interrogatory with regard to the form and. content of warnings and instruction materials used on brake products may be ascertained from copies of the labels and related explanatory documents, which will be made available for inspection at the offices of Shea & Gardner. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 INTERROGATORY NO. 32t Has THIS DEFENDANT distributed any brochures or pamphlets that contain warnings of any asbestos-related health hazards; if so, please state; a. the wording of such warning? b. the method used to distribute such brochures or pamphlets ? c. the date(s) such brochures or pamphlets were first issued; d. whether THIS DEFENDANT has exemplars of such brochures or pamphlets; e. the IDENTITY of the custodian of such exemplars. ANSWERS Yes. The answer to the remainder of this .interrogatory with regard to the form and content of warnings and instruction materials used with brake products may be ascertained from copies of the explanatory documents, including package'inserts, field maintenance manuals, and material safety data sheets, which will be made available for inspection at the offices of Shea & Gardner. INTERROGATORY NO. 33 5 Did THIS DEFENDANT warn its employees and/or CONTRACT UNIT(S) , anywhere in the United States, that exposure to asbestos could be hazardous to human health. If so, state: a. whether copies of documents containing such warnings exist? b. the IDENTITY of the custodian of such documents. ANSWER: Yes. These documents are stored at the offices of Shea & Gardner. INTERROGATORY NO. 34: 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 State the IDENTITY of medical directors and/or industrial hygienists employed by THIS DEFENDANT in the United States. ANSWER: Medical Directors: Rockwell's corporate-wide medical directors include Dr. Richard Morrison from 1962 until 1979, Dr. Robert Pringle from 1981 until 1984, Dr. Toby Freedman from 1985 until 1988, and Dr. Albert Puskas from 1988 until 1990. Rockwell has had plant physicians for a number of years. The details of such arrangements are contained in Rockwell's medical care files, which, will be made available for inspection at the offices of Shea & Gardner. Industrial Hvcrienists; From 1971-1983, John Rozas served as Rockwell's company-wide Manager of Industrial Hygiene. From 1970-1983, John Maciezjezk served as Corporate Director of Environmental Health and Safety. In 1993, Richard Risenweber became Vice President for Environment, Health, Safety, and E*nergy Conservation. Dick Johnson served as Plant Safety Manager in Troy, Michigan from 1974-1976, and William Long served as Regional Safety Manager in Troy, Michigan from 1976 - 1990. Barbara Boroughf has been a Regional Safety Manager since 1985, and Dick Michalack has been a Regional Safety Manager since 1990. INTERROGATORY NO. 35: Has any employee of THIS DEFENDANT testified by deposition on behalf of THIS DEFENDANT in a third-party 21 1 2 3 4 5 e 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 case, brought in the United States, wherein the plaintiff has alleged an asbestos-related injury? If so, for each such third party case, please state: a. b. c. d. record. the caption and case number; the court of filing including state and county; the date of the deposition the name and address of plaintiff's counsel of ANSWER: No. INTERROGATORY NO 36: Has THIS DEFENDANT had a CONTRACT UNIT? If so, for each CONTRACT UNIT, please state: ' a. the date"such CONTRACT UNIT commenced operation; b. the date such CONTRACT UNIT(S) ceased operation; c. the name and location in the State of California of each job site at which such CONTRACT UNIT worked. ANSWER: No. INTERROGATORY NO. 37: Has THIS DEFENDANT been a member of the following: a. Asbestos Textile Institute (ATI); b. Industrial Hygiene Foundation and/or Industrial Health Foundation (IHF); c. Mineral Wool Institute; d. Industrial Mineral Insulation Manufacturers Institute; e. Magnesia Silica Insulation Manufacturers - Association; f. National Insulation Manufacturers Association (NIMA); g. Thermal Insulation Manufacturers Association (TIMA); 't h. Asbestos Information Association (AIA); i. Quebec Asbestos Mining Association (QAMA); j. National Safety Council; k. Asbestos Cement Producers Association? l. Refractories Institute; m. any other organizations or associations of manufacturers, miners, distributors, importers, labellers, suppliers and/or sellers of ASBESTOS-CONTAINING PRODUCTS; 22 1 2 3 4 5 6 7 8 9 IQ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (i) piease state the name(s) of such organizations or associations. ANSWER: (a)-(l) No. (m) Yes. SAE (formerly the Society of Automotive Engineers) 400 Commonwealth Drive Warrendale, Pennsylvania 15096 ' (Rockwell employees, rather than Rockwell itself, are members of this organization.) Heavy-Duty Brake Manufacturers Council 2460 Lemoine Avenue, Suite 510 Fort Lee, New Jersey 07024 INTERROGATORY NO. 38; For each organization, association or other entity identified in your Response to Interrogatory No. 37, please state: a. The dates during which THIS DEFENDANT was a member. b. The name(s) of any publication(s) received by this defendant from such association or organization. c. The name of such committee or subcommittee of which THIS DEFENDANT was a member, and the dates of such committee or subcommittee membership. ANSWERS Rockwell employees have been members of SAE for many years, and Rockwell has been a member of the Heavy- Duty Brake Manufacturers Council since 1986. Rockwell itself has never been a member of SAE or any of its committees. The answer to the remainder of this interrogatory may be obtained from documents concerning the Society of Automotive Engineers and Heavy-Duty Brake Manufacturers Council, which will be made available for inspection at the offices of Shea & Gardner, except for those documents that Rockwell claims are protected from disclosure on the basis of the attorney-client privilege or 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 'work product rule, a list of which will also be made available in conjunction with the inspection of the remaining documents. INTERROGATORY NO. 39: Has THIS DEFENDANT received any DOCUMENTS containing results or conclusions of any studies and/or tests conducted by the Saranac Laboratory at the Trudeau Foundation relating to the human health consequences of exposure to asbestos? If so, please: a.'IDENTIFY all such DOCUMENT(S); b. state the date upon which THIS DEFENDANT first received such DOCUMENT(S)? c. the IDENTITY of the custodian of such DOCUMENT(S). ANSWER; No. * INTERROGATORY NO 40: State whether THIS DEFENDANT has ever maintained a library (or libraries) in the United States which contains books, articles, periodicals, journals and/or reference materials that relate to"the subjects of asbestos, industrial hygiene, medicine, safety, occupational disease and/or engineering. 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 charge of such library; . ANSWER: Rockwell has maintained, at a number of its in facilities and corporate offices, collections of engineering and related materials that might be considered libraries. These collections have generally contained regulatory materials which included information relating to occupational exposure to asbestos, but have not generally contained materials relating to asbestos and health. 24 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3B 39 40 41 42 43 44 INTERROGATORY NO. 41: Has THIS DEFENDANT exchanged or communicated with any individual or other COMPANY documents containing the results of tests and/or studies of the relationship between the inhalation of asbestos fibers and development of disease(s); if so, please state: a. each individual or COMPANY with whom the information was exchanged or to whom it was communicated; b. the date(s) of any such exchanges or communications; c. the IDENTITY of the custodian of such documents. ANSWER: No. INTERROGATORY NO. 42: Has any employee of THIS DEFENDANT testified before the Occupational Safety and Health Administration, the National Institute of Occupational Safety and Health, or any committee or subcommittee of the United States Congress on the inhalation of asbestos dust and the development of disease; 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; (i) if so, state the IDENTITY of the custodian of such DOCUMENTS. ANSWER: No. . INTERROGATORY NO. 43: At any of the physical facilities identified in the response to Interrogatory No. 15, has THIS DEFENDANT conducted, or caused to be conducted, tests and/or studies of ambient asbestos dust created during the manufacture, processing and/or assembling of ASBESTOS-CONTAINING PRODUCT(S); if so, please state: 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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(s) 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. ANSWER: Yes. (a)-(e) Since the early 1970s, Rockwell has performed regular monitoring of airborne asbestos concentrations at its automotive plants to determine the effectiveness of asbestos dust control measures and to ensure compliance with applicable health regulations. Further information about the dates, locations, methodology, and results of individual asbestos monitoring measurements in Rockwell automotive plants may be found in monitoring records which will be made available for inspection at the offices of Shea & Gardner, except for those documents that Rockwell claims are protected from disclosure on the basis of attorney-client privilege or the work product rule, a list of which will also be made available in connection with the inspection of the remaining documents. INTERROGATORY NO. 44: Has THIS DEFENDANT conducted, or caused to be conducted, any tests and/or studies on ambient asbestos dust levels at any location or job site where its ASBESTOSCONTAINING PRODUCTS were utilized in the United States; if so, please state: 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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. ANSWER: No, insofar as this question relates to locations other than Rockwell's own manufacturing plants. See answer to Interrogatory No. 43. INTERROGATORY NO. 45: Did THIS DEFENDANT have any laboratory or other facility anywhere in the United States at which it conducted, or caused to be conducted, any tests and/or studies of its ASBESTOS-CONTAINING PRODUCTS to measure the amount of asbestos dust generated by any use for which such products were designed? if so, please 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. ANSWER: No. INTERROGATORY NO. 46: Has THIS DEFENDANT financially supported any research into the relationship between the inhalation of asbestos fiber and development of disease(s); if so, please state the date(s) and recipient(s) of such financial support. ANSWER: No. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 INTERROGATORY KO. 47: Has THIS DEFENDANT made available to its employees engaged in, anywhere in the United States, the MARKETing of its RAW ASBESTOS FIBER and/or its ASBESTOS-CONTAINING PRODUCT(S), a medical examination program; if so, please 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; (i) if mandatory as a condition of employment, how frequently each employee was required to undergo such examination; c. whether THIS DEFENDANT has DOCUMENTS of such program; d. the IDENTITY of the custodian of such DOCUMENTS. ANSWER: Yes. Medical examinations have been provided on an annual or biennial basis for all employees who take part in the machining of asbestos-containing linings at Rockwell's automotive plants. These employees are given physical examinations, chest x-rays, and pulmonary function tests. The earliest date medical examinations were provided is 1973. Documents relating to such examinations were maintained at each production facility in the ordinary course of business. INTERROGATORY NO. 48: Has THIS DEFENDANT notified in writing any individuals or COMPANIES to whom it MARKETed RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S), anywhere in the United States, of the potential-relationship between exposure to asbestos and disease; if so, please state: a. the date(s) THIS DEFENDANT provided this information? b. the means used for transmittal of such information; 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 c. whether THIS DEFENDANT has any copies of any DOCUMENTS transmitting such information; d. the IDENTITY of the custodian of such documents. ANSWERS Yes. See answers to Interrogatories No. 31 and INTERROGATORY NO, 49: Has THIS DEFENDANT required any individual(s) who MARKETed its ASBESTOS-CONTAINING PRODUCT(S), anywhere in the United States, to wear respirators or face masks; if so, please state: a. the job title(s), if known, of individual(s) required to wear respirators or face masks; b. the date"(s) on which THIS DEFENDANT first required the wearing of respirators or face masks ? c. the means by which the requirement to wear respirators or face masks was communicated; d. whether THIS DEFENDANT has any copies of DOCUMENTS communicating such requirements; e. the IDENTITY of the custodian of such DOCUMENTS. ANSWER: No, insofar as this question relates to locations other than Rockwell's own manufacturing plants. See answer to Interrogatory No. 43. INTERROGATORY NO. 50: Does or did THIS DEFENDANT utilize or employ any CONTRACT UNIT. If so, please state: - a. the inclusive periods of time the CONTRACT UNIT(S) was utilized or employed; b. the business address and name of the CONTRACT UNITS(S); ' c. whether THIS DEFENDANT has any DOCUMENTS showing the location(s) of the job site(s) where the CONTRACT UNIT(S) worked, and if so, state the IDENTITY of the- custodian of such DOCUMENTS. ANSWER: No. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 INTERROGATORY NO. 51:. Has THIS DEFENDANT received any written communication or other DOCUMENT, other than a claim for workers' compensation, that any person was claiming injury as a result of exposure to its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S) ; if so, please IDENTIFY the first such written communication or DOCUMENT. ANSWER: Yes. The first lawsuit filed against Rockwell in which a plaintiff claimed an asbestos-related injury was the Hinton case, filed in the U.S. District Court for the Southern District of Mississippi on September 13, 1978. Rockwell was served with the complaint on September 14, 1978. * INTERROGATORY NO. 52: Has any person filed a claim for asbestos-related injury against any workers' compensation insurance carrier which provided coverage for THIS DEFENDANT; if so, please state: a. the date of such claim; b. the name of claimant; c. the caption; d. the case number; e. the court in which the claim was filed; f. the IDENTITY of the custodian of such documents. ANSWER: Yes. The remaining answers to this interrogatory may be ascertained from Rockwell's files relating to workers' compensation claims, which will be made available for inspection at the offices of Shea & Gardner, except for those documents that Rockwell claims are protected from disclosure on the basis of the attorney-client privilege or the work product rule, a list of which will also be made 30 X 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 available in connection with the inspection of the remaining documents. INTERROGATORY NO. 53: Has any person filed a workers1 compensation claim for asbestos-related injury against THIS DEFENDANT; if so, ' please state: a. the date of such claim? b. the name of claimant? c. the caption? d. the case number? e. the court in which the claim' was filed? f. the IDENTITY of the custodian of such documents. ANSWER: See answer to Interrogatory No. 52. INTERROGATORY NO. 54: Does THIS DEFENDANT have insurance available to cover judgment(s) entered against it in asbestos-related personal injury lawsuits; if so, please 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? e. any reservation of rights contained in each such policy? f. the amount of coverage presently exhausted under each such policy; ' g. the amount of coverage presently available, under each such policy? h. whether limits contained in each such policy include costs of defense. ANSWER; Yes. The answer to the remainder of this interrogatory may be ascertained from Rockwell's insurance policies and related documents, which will be made available for inspection at the offices of Shea & Gardner, except for those documents that Rockwell claims are 31 X 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 protected from disclosure on the basis of the attorneyclient privilege or the work product rule, a list of which will also be made available in connection with the inspection of the remaining documents. INTERROGATORY NO. 55: Has THIS DEFENDANT owned or operated any petroleum refining facilities; if so, please state: a. whether any ASBESTOS-CONTAINING PRODUCTS were MARKETed on the premises of such refining facilities; b. the location, including the name and address of all such refining facilities? c. the dates of operation of such refining facilities? d. the types of ASBESTOS-CONTAINING PRODUCTS MARKETed on such premises? e. the names of the manufacturers of any ASBESTOSCONTAINING PRODUCTS MARKETed on such premises; f. whether THIS DEFENDANT has documents identifying such MARKETing; g. the IDENTITY of the custodian of such documents. ANSWER: No. INTERROGATORY NO. 56: Has THIS DEFENDANT held any ownership interest in a COMPANY which owned or operated petroleum refining facilities: if so, for the period(s) of time during which THIS DEFENDANT held such interest, please state: . a. whether any ASBESTOS-CONTAINING PRODUCTS were MARKETed on the premises of such refining facilities; b. the location, including the name and address of all such refining facilities ? c. the dates of operation of such refining facilities; d. " the types of ASBESTOS-CONTAINING PRODUCTS MARKETed on such premises; e. the names of the manufacturers of any ASBESTOSCONTAINING PRODUCTS MARKETed on such premises; 32 1, f. whether THIS DEFENDANT has documents identifying 2 such MARKETing? 3 g. the IDENTITY of the custodian of such documents. 4 5 ANSWER: No. 6 7 INTERROGATORY NO. 57: 8 Has THIS DEFENDANT contracted with any COMPANY for the 9 MARKETing of ASBESTOS-CONTAINING PRODUCT(S) on any premises 10 owned or leased by THIS DEFENDANT? if so, please state: 11 12 a. the location, including name and address of such 13 premises? 14 b. the name and address of each such COMPANY? 15 c. the types of ASBESTOS-CONTAINING PRODUCTS; 16 d. the name of the manufacturers of such ASBESTOS- 17 CONTAINING PRODUCTS ? 18 e. whether THIS DEFENDANT has DOCUMENTS of such 19 MARKETing; . 20 f. the IDENTITY of the custodian of such DOCUMENTS. 21 22 ANSWER: No. 23 24 Dated: December / , 1994 David Booth Beers 25 Thomas J. Mikula 26 Dana J. Martin 27 28 Shea & Gardner 29 1800 Massachusetts Ave., N.W. 30 Washington, D.C. 20036 31 (202) 828-2000 32 33 Attorneys for Defendant 34 Rockwell International 35 Corporation 36 33 1 2 VERIFICATION 3 4 COUNTY OF OAKLAND 5 ss. 6 STATE OF MICHIGAN 7 8 9 BRUCE E. KETCHAK, of full age, being duly sworn 10 according to law, upon his oath deposes and says: 11 1. I am the Manager, Product Analysis of defendant 12 Rockwell International Corporation's Automotive Division 13 and am duly authorised to make this affidavit on its 14 behalf. 15 2. The facts set forth in the foregoing answers to 16 interrogatories are true to the best cf my personal 17 knowledge, information, and belief. 18 19 20 21 22 23 Subscribed and sworn to before me this 24 '^K&V-tsrtlJaJs'U__________, 1994. 25 26 27 28 29 Notary Public 30 31 My Commission Expires: d,ay Qf