Document dQJ9ZQ3GZ81zMx7mVJ855K4gq

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS (ALL DIVISIONS) THE FLINTKOTE COMPANY'S RESPONSES TO PLAINTIFF(S) MASTER SET OF INTERROGATORIES AND REQUEST FOR ADMISSIONS REQUEST FOR ADMISSIONS ]. You are now xn the business of manufacturing, selling or distributing products containing asbestos, ANSWER: Deny. 2. You have been in the past in the business of manufacturing, selling or distributing products containing asbestos. (a) This was true during a part of the time between 1940 and 1972. (b) Between 1940 and 1972, your products were sold or distributed in Texas. (c) After 1972 some of your asbestos products were still in place where installed earlier. ANSWER; (a-c) Admit. INTERROGATORIES 1. As to the person answering these interrogatories, state: (a) Name; lb) Title or position with defendant; (c) Business address; (d) Length or time employed by defendant; (e) State year by year all other positions, titles or jobs that person has held with the defendant. ANSWER: (a) Clifford J. Carr (b) Manager - Personnel (c) 5525 MacArthur Boulevard, Suite 800 Irving, Texas 75038 (d) April 10, 1957 - present (e) 4/10/57 4/5/61 2/1/69 5/16/71 12/1/76 11/1/78 7/1/79 11/1/83 5/1/85 Laborer Control- Superintendent Personnel and Safety Manager Division Personnel and Insurance Manager Salary and EEO Administration Personnel and EEO Manager Corporate Director of Personnel Manager of Personnel and Employee Benefits Director of Human Resources # qg? 2. State the following concerning this defendant; (aj Full and correct name; (b) Principal place of business; (c) State of incorporation; (d) Date of incorporation, and name of corporation; (e) Is this defendant authorized to transact business in the State of Texas? If so, state the date such authority was first issued and last renewed; {} Does this defendant have an agent, representative or place of business in Texas? If so, state the name and address of such agent, representative, or place cf business. (g) Does this defendant have an agent for service in the State of Texas? If so, state the name and address of the registered agent. ANSWER; 2(a) (b) (c) (d) (e) (f) (g) The Flintkote Company c/o Genstar Corporation Four Embarcadero Center Suite 3800 San Francisco, CA 94111 Delaware; originally incorporated in Massachusetts The Flintkote Company was incorporated by merger in 1982; originally incoporated in Massachusetts in 1917 Yes; Flintkote was issued a certificate of authority to do business in the State of Texas on March 20, 1956. CT Corporation System P.O. Box 807 Dallas, Texas 75221 Yes. CT Corporation System P.O. Box 807 Dallas, Texas 75221 r 3. Has this defendant been sued under its correct name? If net, state the correct legal name of the defendant and provide the information requested in No. 2 above concerning the defendant as correctly named. ANSWER: Yes. 4. Has this defendant ever acquired through purchase, reorganization or merger another corporation, company, or business which manufactured, sold, processed, distributed or contracted to apply insulation products containing asbestos? ANSWER: j^0 _ 7. It your answer to No. 6{d) and 6(e) is "Yes", then give the trade name of the products, the year the defendant or predecessor (s) first sold or distributed such product, and the year the defendant last sold or distributed such product. ANSWER: See Exhibit A for a list of Flintkote*s asbestos-containing products and the years in which they were sold and/or distributed by Flintkote. Flintkote discontinued selling and/or distributing asbestos-containing products in March, 1984. 8. In what year did the defendant first begin selling or distributing insulation products containing asbestos? ANSWER: Flintkote has not manufactured, sold or distributed insulation products containing asbestos within the normal and usual meaning of the term, 9. In what year did the defendant last sell the insulation product which contained asbestos? ANSWER; gee response to Interrogatory No. 8. 10. As to the named defendant ox any predecessor (s) or acquired business, state the various types of products, such as blocks, pipe covering, cements, tape, spray-on insulation, mastics, and cloth, and in connection with each type of such product, state hew the same was packaged li.e., bags, boxes, sacks, etc.) for sale. ANSWER: See Exhibits A and B. 11. Is your company, as of the date of answering these interrogatories, still manufacturing, selling, or distributing any insulation products containing asbestos? If so, give the brand names of such products, the binding material and date first manufactured. ANSWER: The Flintkote Company does not, nor has it ever, manufactured, sold or distributed any insulation products containing asbestos within the normal and usual meaning of the term. 12. Were each of your insulation products generally expected to reach, or were packaged to reach, the consumer or user, without substantial change in the condition in which it was sold? ANSWER: Flintkote has not manufactured, sold or distributed insulation products containing asbestos within the normal and usual meaning of the term. 13. If your answer to Interrogatory No. 12 is "No", with respect to any product, explain in what way the defendant claims its products were altered or substantially changed after sale or distribution and before reaching the insulation helper or mechanic. ANSWER: Not applicable. 14. Do you admit that asbestos insulation applicators, helpers cr mechanics, were foreseeable users of defendant's ashestos-containing insulation products, such as: (a) Pipe covering; (b) Blocks; (c) Asbestos cloth; (d) Mastics; (e) Spray-on insulation; If) Rope cr tape; (g) Asbestos sheeting or millboard; (h) Cements. ANSWER: No, as Flintkote has not manufactured, sold or distributed asbestos containing insulation products within the normal and usual meaning of the term. 15. Based upon the material contents of your products, the method of manufacturing, and the method of application for the go to areas where your products were being used or installed to make a dust level count? If so, state when this procedure started, the purpose of such procedure, and what action, if any, was taken in response to the finding, and attach results. ANSWER: Not to our knowledge. 18. If your company performed or had performed any dust level counts, what action based on the results did your company take? ANSWER: Not applicable. 19. Has your company or its predecessor(s) ever conducted any studies concerning the effects of the inhalation of asbestos dust or fibers on one using cr being exposed to any of the asbestos materials manufactured, sold or distributed by you, or your predecessor(s)? In answer to this question, give the date and nature of such studies, if any; the name or names of the persons conducting such studies and their addresses; what the purpose of the studies were; and attach a copy of any reports based upon such studies, showing to whom such reports were given, and the date. L ANSWER: No. Flintkote has never directly conducted or sponsored any such studies", although such studies may have been conducted by various industry organizations by which Flintkote was a member. 20. Has your company or its predecessor(s) ever conducted or caused to be conducted any studies designed to minimize or eliminate the inhalation of asbestos dust and fibers by those exposed to the use of your company's insulation products? If so, give the following: (a) Name of the person or firm conducting such studies; (b) The date the studies began and the date completed; lc) Any publication or dissemination of the results of the studies; (d) The nature of any action to eliminate or minimize inhalation of asbestos dust or fibers; (e) Attach copies. ANSWER: The Flintkote Company has not manufactured, sold or distributed asbestoscontaining insulation products within the normal and usual meaning of the term, nor has it conducted any tests or studies with regard to such products. 21. If your answer to Interrogatory No. 20 is "Yes", state the name and address of such industrial hygienist or hygientists. ANSWER: Not applicable. m (a) Name each director, chief, or head of your Medical Department year by year beginning with the first year you had a medical director or Medical Department. Give the last known address of each. ANSWER: No. 25. State in detail the duties and responsibilities of such Medical Department. ANSWER: Not applicable. 26. Prior to 1965, did your company, or any precedessor (s), ever at any time give insulation mechanics or insulation helpers who would be applying or removing your products instructions concerning safety precautions to use in applying such products? If .so, describe such instructions, to whom they were given, the dates they were given, and the manner of giving such instructions. ANSWER; Flintkote has not manufactured, sold or distributed asbestos-containing products within the normal and usual meaning of the term. Nonetheless, for any specific asbestos-containing product(s) identified by plaintiff(s), Flintkote will attempt to provide use instructions, upon notice from counsel for plaintiff(s). 27. Did your company, or your predecessor{s), ever place any warning signs on the containers in which asbestos insulation products were packaged? ANSWER: ' ~~ ~ The Flintkote Company has not manufactured, sold or distributed asbestos-containing insulation products within the normal and usual meaning of the term. 28. If you have answered Interrogatory No. 2 in the affirmative please state: (a) On what date did your company, or your predecessor (s), issue an order directing a warning be placed on your insulation products, or containers? {b) On what date was such warning actually first placed . on your insulation products or containers? (c) On what date did your insulation products, accompanied by such warning, first reach the insulation contractor (d) State the exact wording of the first warning. (e) State the exact size of the warning printed on your asbestos insulation products or containers, (f) Did your company, or its predecessor(s), dictate the exact size of the printed warning? (g) Why did your company or its predecessor (s) place such warning on your asbestos insulation products or containers ? (h) Did your company or its predecessor{s) place such warning on your asbestos insulation products or containers because you received a directive, command, suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute? If so, from whom and on what date did you receive such directive, command, suggestion, legal opinion, or other type of communication. (i) If the wording of the warning has ever been changed or altered, state when it was changed, and the exact change in the wording. rtNSWER: Flintkote assumes that the reference to Interrogatory No. 2 is intended to refer to Interrogatory No. 27. Therefore, not applicable. 29. Did your company or its predecessor(s> ever place any warning directly on any of its asbestos insulation pipe covering itself, block itself, cloth itself, or millboard itself? ANSWER: Flintkote has not manufactured, sold or distributed any of the products referenced in this interrogatory. 30, Did your company ever stamp the name of the company, its initials, or any identifying logo on any of its asbestos pipe covering, blocks, cloth, or millboard? ANSWER: The Flintkote Company has not manufactured, sold or distributed any of the products referenced in this interrogatory. 31. Did the warning inquired about in Interrogatories Nos. 29 and 30, or similar warning, ever appear in any of your sales literature? If so, attach copies of such sales literature, showing the date such literature was printed. ANSWER: See response to Interrogatory No. 29. 32, On what date was the sales literature inquired about in Interrogatory No. 31 first provided to distributors or sellers o your company's products, or your predecessor (s) 1 products? ANSWER: Not applicable. 33. Has your company, or.your predecessor(s), ever devised a high temperature heat insulation which does not contain asbestcs If so, state the date that such insulation was first placed on the market. ->* m'**- y- n --t - XNSWER: No. 34. Were any material safety data sheets ever prepared by your company or its predecessor(s)? If so, attach copies. ANSWER: Objection. This interrogatory is overbroad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Withoug waiving any objections, Flintkote states that for any specific asbestos-containing product(s) identified by plaintiff(s), Flintkote will attempt to provide the information requested upon notice from counsel for plaintiff(s). 35. Did your company or any predecessor (s) ever recall any products containing asbestos from the market? (a) State all details of such recall, giving the name of the product, the time of recall and any further action taken in connection with the recall. ANSWER: Not to our knowledge. 36. Has ycur company or its predecessor (s) ever directly advised any contractor to whom you sell your products containing asbestos of threshold limit values for exposure to asbestos dust recommended by the American Conference of Governmental Industrial Hygientist? If so, state the date or dates that you so advised such contractors, the manner in which you advised such contractor, and the name of each contractor. ANSWER: No. 37. Prior to 1964 did your dompany or its predecessor(s) ever manufacture insulation products containing asbestos without a warning ? List the years, ANSWER: Flintkote has not manufactured, sold or distributed insulation products containing asbestos within the normal and usual meaning of the term. 38. After 1964 did you ever manufacture insulation products containing asbestos without a warning? If so, list the name of the product and the years. ANSWER: Flintkote has not manufactured, sold or distributed insulation products containing asbestos within the normal and usual meaning of the term. 39. Prior to 1970, did your company, or any predecessor(s), ever manufacture and sell a high temperature heat insulation which does not contain asbestos? If so, state the date that such insulation was first placed on the market. ANSWER: No. 40. Is your company, as of the date of answering these interrogatories, still manufacturing, selling or distributing any insulation products containing asbestos? If so, give the brand names of such products and the binding material and date of first manufacture of such product. ANSWER: The Flintkote Company does not, nor has it ever, manufactured, sold and/or distributed any insulation products containing asbestos within the normal and usual meaning of the term. 41. Ir your company, or your predecessor (s), ever devised a high temperature heat insulation which does not contain asbestos, state what prompted your company to devise such high temperature heat insulation not containing asbestos. ANSWER: Not applicable. 42. Has such high temperature heat insulation not containing asbestos performed satisfactorily; that is, is such insulation suitable for the purpose for which it is to be used? ANSWER: Flintkote has not devised a high temperature heat insulation not containing asbestos. Flintkote has no knowledge with regard to such products. 4 3. Give the trade names of your high temperature heat insulation products which do not contain asbestos, and state fully what such insulation contains. ANSWER: Not applicable. 44. State the decade that there first existed manufacturing technology for commercial purposes the use of chemicals and minerals for combining into a high heat insulation product a substitute for asbestos in insulation materials. ANSWER: Objection. This interrogatory is vague and calls for information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Flintkote has never devised such a product and has no knowledge with respect to these products, 45. To your company's knowledge, in what decade was fiberglas first commercially available for insulation over 350 F.? ANSWER; Objection. This interrogatory calls for information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 46. In what decade was each of the following products commercially available for use and sale: (a) Fiberglas; (b) Calcium silicate; (C) Mineral wool; (d) Rock wool; (e) Foaraglass; (f) Ceramics; (g) Wood pulp; ih) Organic pulp. ANSWER: ...... " Objection. This interrogatory calls for information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 47. List all insulation products sold in the 1940's, 1950's and 1960's which did not contain asbestos and give the physical and tensil strength and temperature decomposition data for each product. ANSWER: Objection. This interrogatory is overbroad, unduly burdensome and calls for information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 48. Did your company or any predecessor(s) ever have a division or subsidiary company engaged in the contracting business of applying insulation products? If so, give the name of such division or subsidiary company, the full address of the home office of such division or subsidiary company, and the dates such division or subsidiary company was engaged in the contracting business. 9 ANSWER: No. 49. Did any division of your company or subsidiary company enyaged in the contract business of applying insulation products ever have any claims for lung diseases or death from lung diseases, whether directly or indirectly attributed to asbestosis, mesothelioma, lung cancer or any exposure to asbestos products. If the answer is "Yes", give the name of such employees and attach copies of such claims and copies of all documents relating to the disposition and handling of such claims. AIjSWER : Not applicable. 50. List the name of all employees or former employees of your company, any division of your company or predecessor(s) company engaged in the contract business of applying insulation products who, prior to the year 1970, filed claims for workmen's compensation benefits against your company or its workmen's compensation insurance carrier, alleging that such employee was suffering from an occupational lung disease. ANSWER: Not applicable. 51. In connection with Interrogatory No. 50, give the location of the state industrial accident board handling each such claim, the disposition of such claims, and the amounts paid in workmen's compensation benefits to each such employee, and the name of the compensation carrier. ANSWER: Not applicable. 52. Was your medical department or industrial health department cr industrial hygienist responsible for contracting unit employees ? ANSWER: The Flintkote Company has had no contract units. Further, Flintkote has not had a medical department or industrial health department nor has it employed industrial hygienists. 53. Did your company or its predecessor (s) ever make any industrial hygiene surveys? If so, give the date of such surveys, and attach copies of such surveys. ANSWER; objection. Any such surveys would have been made in regard to Flintkote's manufacturing facilities and therefore calls for information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. w 54. State the year that this defendant or any predecessor(s) was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of Governmental Industrial Hygienists, and state the name of the employee-official of the company receiving such advice and attach copies of the instrument communicating such advice. ANSWER: Although Flintkote is generally aware of threshold limit values, Flintkote has no records reflecting the date of first knowledge. 55. Was such threshold limit values or maximum allowable concentrations inquired about in Interrogatory No. 54 TOTAL dust and not just asbestos dust? ANSWER: Although Flintkote is generally aware of threshold limit values, Flintkote has no records reflecting the date of first knowledge. 56. State in detail what test, if any, your company every made with regard to the quantity, quality or threshold limit values of asbestos dust or particles to which insulators were exposed while using your products containing asbestos. (a) If there were any such tests or studies, give the name or names of the person(s) conducting the tests, the date of the tests and attach true copies of any reports, findings or memorandums concerning such tests or studies. ANSWER: Certain testing has been conducted at the direction of attorneys for The Flintkote Company in connection with pending litigation, the results of which are protected from disclosure under the attorney work product doctrine and the attorney client privilege. Further, it is the position of The Flintkote Company that the asbestos contained in its products is encapsulated and therefore asbestos dust was not released into the ambient air. 57. When did any official with your company first have knowledge, information or understanding that asbestos would or could or might produce the diseases of: (a) Asbestos is; (b) Mesothelioma; (c) Lung cancer; (d) Any other diseases; {e) With reference to your company give the name of such official who first had such knowledge, information or understanding; (f) If there are any documents, records or memorandums of any kind concerning such knowledge, list them and attach copies ANSWER: The Flintkote Company is unable to provide any particular date upon which is became aware of medical articles attempting to establish a relationship between exposure to asbestos and the development of certain diseases. Such knowledge did exist at the time of filing of the first asbestos-related lawsuit against Flintkote, captioned Roderman vs. Combustion Engineering, et al. on April 24, 1972 in the United States District Court for the Northern District of Ohio. In addition, warnings regarding the relationship between exposure to raw asbestos (rather than asbestos-containing products) and the development of certain diseases were received by Flintkote on bags of raw asbestos which it purchased in 1967 and subsequent years. Further, it is the position of The Flintkote Company that the products referenced in Exhibit A are encapsulated asbestos products and therefore cannot be the proximate cause of any health hazards. 58. As to every asbestos product of yours which you have identified in previous interrogatories state specific type or types of asbestos, (i.e. crocidilite, chrysotile, amosite or any others) which your products contained. If you have any percentage figures available, then give the percentage as to each product. ANSWER: See Exhibit A. Flintkote asbestos-containing products generally contained chrysotile fibers. FLINTKOTE ASBESTOS INDUSTRIAL PRODUCTS Product Maine Acid Proof Cement Synonymous Name Van Packer Jt. Cement Acrylic Pavement Coating All leather Mastic See Rain Patch Aluminum Roof Coating (810'19) A-G'S Coating Black Joint Cement Steadfast Cement R.R. Car Cements #1 Car Cement fl Car Cement'Pullman *1 Car Cement-No Oil #l Car Cement-2% Oil #2 Car Cement-No Oil #4 Car Cement *6 Car Cement #261 Car Cement #407 Car Cement So. Railway Spl. #97 Car Cement (Spray) * (Trowel) NYC R.R. #1223 F-t Car Cement * " F-2 Car Cement * * F-J Car Cement . . . F_s Car Cement Approximately 19S6-70 t Asbestos 14.5% 1974-1977 3% 19S6-1978 (*ER, NO) 1956-1981 (CM) 1956-1982 (V) 1969-1978 (ER. NO) 1969-1981 (CM) 1969-1982 (V) 1947-70 1946-60's 10-13% 15% 20-25% These car cements were made from the late 1940's and discontinued prior to 1968 at ER, NO and CH, depending on shipping destination 16-17% 13% 18% 17% 19% 16% *15% 16% 15% 13% 22-29% 15-18% 23% 35% + 15% Description Silicate of soda joint cement for van Packer chimney sections Pigmented acrylic latex coating for stone and blacktop embankments Plastic cement treated to bond to damp surfaces Aluminum pigmented reflective roof coating Spray grade R.R. car cement Knife or gun grade joint sealing compound All were spray to trowel grade metal protective coatings used by railroad car builders or repair shops ft ft ft * SEE PAGE 7 FOR KEY TO MANUFACTURING LOCATIONS Note: = Exceeds 4-16-84 02bbf/10 - 7 - 85 i Product Name NYC R.R. *1221 F-1 (10% oil) Car Cement - - - f-2 (10% oil) Car Cement IC Car Cement GC L 8 H Car Cement Missouri-Pacific Car Cement Synonymous Name Colorcoat Unlmastlc 152 Corkcote Spl. Sanded Premix *5 C-13-A (100-M) C-13-AW C-11-C4 (800-13) C-U-LA C-13-SA C-19 (110-14) Static Fibrated *213 Underbody Coating C-20 DecoraU Coatings Decoralt (920-04) Oecocolor (920-04) Oecobase Binder (920-05) Decobase (920-06) Decocolor MP (920-27) Decoturf (920-30) Formguard Coating (8)0-11) fiber Roof Coating (FTC) Roof Coating (Fibrated) (8)0-09) PeriQd of Manufacture These car cements were made from the late 194Q*s and discontinued prior to 1968 at ER, NO and CH, depending on shipping destination *4 M M N M 44 M M M Mid-late 1960's to 1975 14-19% 23% 13-15% 16% 13% 6% 1950-60 1% Late 1940*s-1978 (ER. NO) Late I940*S-1981 (CH) 1940'S1979 (V) 1962-1970 1940-1978 (CR. NO) 1940-1981 (CH) 1940-1982 (V) 1947-1965 1954-1965 1954-1975 (R, HO) 1954-1981 (V) 1954-1981 (CH) 1965-1967 12% 9% 3% 3.5% 2% 20-25% 19.9% Late 19S0*s to 1978 4,5-6.0% 1970-76 1945-1978 (ER, NO) 1945-1981 (CH) 1945-1982 (V) 1% 6-9% 0266f/fc 6-85 t f Page 2 Description All were spray to trowel grade metal protective coalings used by railroad car builders or repair shops M M ft h M * * * m *t M 4* N N tt m latex coating for protection of thermal insulation Sand filled asphalt emulsion for pro tecting cork insulation in freezers Trowel grade emulsion weather protec tion for insulation (asphalt base) Freeze resistant winter grade C-13-A Brush or spray grade asphalt emulsion roof coating tight consistency C-I3-A Brush or spray grade asphalt cutback insulation protective coating Asphalt protective coating-Spl. run-short lived These are pigment and filled latex coatings used primarily for surfacing tennis courts A resin base coating for use over urethane foam insulation Spray or brush grade asphalt cutback roof coating i EoduC-L Name Fibre* Cement Filter Coat (900-20) Filler Coat Binder (900-IS) Flintdek FR 100 (130-25) FR-200 (110-26) FR-300 (120-14) GF-8 Tile Cement Hydrostatic Mastic tevelkote (800-39) Monoform C N-I3-C4 NfR 300 Hu-Static 414 Emulsion Synonymous Name Fibre* I Tennis Court Resurfacer [See Thermalkote 100IS] Unimastic ISO Early 1940's-1978 (ER, NO) Early 19401s-1981 (CH) Early 1940*s-1982 (V) 1964-1978 (ER. NO) 1964-1981 (CH) 1964-1982 (V) %. AS fees LOS 10% 6% WWII-1970 Early 1960's-1978 (ER) 1966 to 1970 6% 7.5% Appro*. 15% R-I4-C 710-21 See Static tevelkote See Rexalt Spraykote Mid I960`s-1978 (ER) Early 1940's-1978 (ER. NO) Early 1940's-198l (CH) Early 1940's-1982 (V) 1973-1982 (V) West Coast only 6% 10% 15.5% 2.5% 1960-61 Late I960's-I975 (ER) 1954-)978(ER, NO) 1954-1981 (CH) 1954-7 - Formulated - Never Produced 3% 3% 6% 6% 0?bbf/b 6 US Page 3 Description Asphalt cutback adhesive for cement ing roofing base sheets Sand filled levelling and smoothing compound for pavements Heavy binder for mixing with sand in field to make filler coal compound Sand filled resin coating-made surfaces non-slip Pigment resin coating for insulation --fire retardant fire retardant asphalt cutback--made experimentally at New Orleans but then bought for resale. Protection for insulation. Pigmented latex coating for insulation--fire retardant Floor tile cement Semi-Mastic vapor barrier coating Brush or spray grade asphalt emulsion roof coating Spray grade asphalt cutback roof coating for monoform system Brush or spray grade asphalt enxilsion roof coating A non-fire retardant version of FR 300 utility coating uses A spray grade of C-13-C4 asphalt emulsion roof coating Asphalt emulsi on--usage unknown i *16 Underbody Prot. Ctg. #54 M.C. Insulation Cto. #54 Insulation Coating #69 Insulation Coating #201 Insulation Coating *213 Underbody Coating #222 Underbody Coating #227 Underbody Coating See C-19 #32 See C-I3-A #229 Anti-Sweat CPO. #230 Spray-On Deadener #242 #245 #247 *252 Binderseal *255 #260 Export Box Sealer #276 #349-1 02b6f/10-7-85 1954-Hid 1960'S 1954-1970 1954-1970 1940*S-1970 1950-1960 9% 4% 4% m 12% 1950*5-1960 1950-1975 (CM, R) 14% 8.5-17% 1959-1965 10% 1947-? Discontinued (NO, Eft, CH) 1947-1978 (V) 19S0-I960 12% 4.5% 1950* S-1965 1950*S-1974 (CM, E. NO) 13% 30% I950'S-I960 1940*5-1960 6% 16% 1950-1960 1951-1960 22% 9% 1950-196? - formulated? if manufactured 1950-1960's 5-10% 7% Asphalt emulsion auto underbody protective coating High cork content #54 insulation coating Cork, vermiculite. charcoal filled asphalt emulsion Cork filled asphalt cutback insula tion coating Asphalt Cutback--usage unknown Asphalt cutback--usage unknown Military spec, underbody coallog asphalt cutback This is a slightly thinner version of C-13-A for a pvt. label customer Cork filled asphalt cutback--for condensation control Automotive sound deadener-asphalt cutback Asphalt cutback--usage unknown Trowel grade asphalt cutback for underbody coating and waterproofing Asphalt cutback--usage unknown Sprayable asphalt cutback-building protection-granule embedment Asphalt cutback--usage unknown Protective coating for export crates-asphalt cutback Asphalt cutback--usage unknown Rubberized asphalt cutback for automotive sealant Product Name #190 *136 Windshield Sealer #830-11 Coating *632 Coating *2004 Adhesive #729 (f XF Type) *731 (FXF Type) #732 (FXF Type) #777 #778 Plastic Armor Putty Plastic Cement (810-21) Plastic Foundation Ctg. Roof Coating Fibrated Rain Patch (810-2S) See Fiber Roof Ctg. All Weather Hastic Rexalt Roof Coating Rexglas Coating Rex Const. Plastic Binder 1950- 1960's SLAikesies 7% 1950-1960 15% 1956-1965 1956-1965 1% 1940`S-1966 15% Mid mo's-i950's Mid I940's-I950*s Mid 1940's-1950's Mid I940'S-1950'S Mid 1940'S-1950'S Mid 1940's-1950`s 13% 12% 12% 14% 16% 20% Early I940*S-1978 (ER, HO) Early 1940'S-1981 (CH) Early 1940*5-1982 (V) 1950*5-1960 16-19% 26% 1969-1978 (ER. HO) 1969-1981 (CH) 1969-1982 (V) 1950-1978 (ER. NO) 1950-1981 (CH) 1969-1978 (ER. NO) 1969-1981 (CH) Mid 1940's 1950's 13-19% 12-15% 2.5% 9.5% Qesccieiuifl Page 5 Rubberized asphalt cutback for automotive sealant Rufaberned asphalt cutback sealer for auto windshields A fire retardant asphalt emulsion for R.R. car builders Silicate of soda high temperature insulation adhesive Rubber cement Rubber cement Rubber cement Rubber cement Rubber cement Sealer and caulk for plastic armor-asphalt cutback Heavy trowel asphalt cutback for roof flashings and repairs Asphalt cutback waterproofing compound Plastic cement treated to bond to wet surfaces Brush or spray grade asphalt cutback roof coating Glass fibered asphalt emulsion roof coating Asphalt cutback adhesive for roll roofing 0?b6f/10 7 85 mdm.LKagie Railroad Car Cements R-14-C R- 14 -D Synonymous Hame See Car Cements R.fi. See GF-6 Sewer Joint CPD #293 Spl. Sanded Premix #5 Spraykote Static Asphalt Fibrated Static Levelkote See Cork Hastic See Hu Static See C-13-C4 Steadfast Cement Stlk-Tab Cement See Black Joint Cement Tennis Court Resurfacer Thermalkote (100-15) See Filler Coat <900 20) Filler Coat Binder Trowel Hastic Unimastic 150 Unimastic 152 Van Packer Jt. Cement Vapor Seal See FR-10D See Colorcoat See Acid Proof Cement #710-14 (x#65) Viskalt Flashing Cement See Plastic Cement Weldon Cement East only BfiOflU AOianufAiLuo: 1946-1965 1949-1960 1956-1978 (ER. HO) 1956-1961 <CH) 1954-1965 1950-1965 Late 1940'S-1978 (ER. Late I940*s-19fil (Ctt) Late 1940's-1982 (V) 1961-1978 (ER. NO) 1961-1981 (CH) 1951-1978 (V) 1940's- 1978 (R, NO) 1940's-19fl2 (V) 1940's-1981 (CH( Oi'olif/u 6 85 it Asbestos 11% 14% 2.5% 21% 13% 14-19% 22-25% 5% s% Oescriotion Page 6 Trowel grade floor tile cement asphalt cutback Heavy trowel grade asphalt cutback for sealing sewer pipe joints s Asphalt emulsion for low slope roofs Asphalt cutback adhesive for roof shingle tabs Heavy trowel grade asphalt emulsionweatherproof coating Trowel grade asphalt cutback water proofing compound Semi-Hastic asphalt coating for moisture vapor barrier Trowel grade asphalt cutback for roof flashings High strength asphalt cutback adhesive for roof membranes i Product Name Skykote Super Statoo 1 Matte 1974-1982 West 1948-1977 West % Asbestos 2% 6% Page 7 Description Pigmented asphalt emulsion (colored roofing coating) Cement type dry mix roofing coating 0,?bfof /b b 85 KET. IQ_HA.HUfAgeing iQC, CH - CHICAGO HEIGHTS, IL R = CAST RUTHERFORO. NJ NO = NEW ORLEANS. LA V - VERNON, CA * 1 ADDITIONAL ASBESTOS PRODUCTS ONCE MANUFACTURED BY FllNTKOIE Pcaduci Period of Manuf Asbestos Cement Board <950-1970 Asbestos Cement Pipe 1962-1977 Asbestos Cement Siding and Roofing Shingles Approx, early 1950s to early 1970s "Asphalt Saturated Asbestos Felt (Built-up Roofing) Approx. 1956-1976 Flooring-Asbestos Vinyl Floor Tile Approx. 1945-1980 Fiber Pipe 1959-1972 Van Packer Chimneys 1958-1971 (a) Commercial chimneys for those products that used asbestos fiber (only jackets which are a small part of overall product) (b) Residential chimneys * Flintkote purchased the asbestos felt from other manufacturers and merely saturated it with asphalt in their own facilities. Approximate Asbestos Content 10 15% 16% 10-15% 65% 8-14X 1-1/2% 22% 20% PRODUCTS MANUFACTURED BY OTHERS BUI-SOU? .BIT LIBtKQTE. . Joint Treatment Compound Spray Texture Paint Ceiling Tile (Mid west only) Asphalt Saturated Asbestos felt (Built-up Roofing) Asbestos Cement Shingles Super Stakoo) White (West Coast only) Period of Sale 1955-1976 1974-1976 1973-1974 Intermittently from approx. 1941-1982 1960-Mld 1970s 1948-1977 fl5 5% 4-5% 2% 65% 10)5% 6% DESCRIPTION OF PACKAGING OF FLIWTKOTE ASBESTOS PRODUCTS Liquid Products: All liquid products are packaged in metal cans ranging in size from .1 to 55 gallons. Each can has a label setting forth the current Flintkote trademark, the name of the product, a general description of the product, direction for use and a limited warranty. This general packaging format has always been used for liquid products. Floor Tile: All floor tiles are packaged in cardboard cartons. Printed directly on each box is general information including, the Flintkote trademark, the name of the product, a general description of the product, directions for use and a limited warranty. This general packaging format has always been used for floor tile. Asbestos Cement Pipe; This product line was closed down in 1977. The product was not packaged but rather shipped by pallet. The product contained no written material. Asbestos Shingles and Board: These products were last manufactured during the early 70*s. The products were packaged in paper wrapping. Printed directly on the wrapping was general information including the Flintkote trademark, the name of the product, a general description of the product, directions for use and a limited warranty. Orangeburg Fibre Pipe; This product was last manufactured in 1972. The product was not packaged. The Flintkote trademark was pressed into the pipe. The product contained no other written material. Van Packer Chimney: This product was last manufactured in 1971. FLINTKOTE does not keep a historical file of product packages or labels and has no independent knowledge as to how this product was packaged or labeled. (The Van Packer Co. was sold in 1971.) Ready-Mix Joint Compounds: This product was manufactured by independent companies and sold by FLINTKOTE during the period 1955 through 1976. It was sold in cans ranging in size from 1 to 5 gallons. When EXHIBIT B 3/30/83 relabeled by FLINTKOTE, the label contained general information including the Flintkote trademark, the name of the product, a general description of the product, directions for use and a limited warranty. The FLINTKOTE Company does not maintain a file of packages/labels of products bought from independent manufacturers and, at this time, has no independent information as to how this particular product was originally packaged. Powder Joint Treatment Compound: This product was manufactured by independent companies and sold without repackaging/relabeling. It was last sold by FLINTKOTE in 1975 or 76. FLINTKOTE does not maintain a historical file of packages or labels on products brought from independent manufacturers and, at this time, has no independent knowledge as to how this product was packaged. ' Spray Texture; This product was manufactured by independent companies and private labeled by FLINTKOTE. It was last sold in approximately 1976. FLINTKOTE does not maintain a historical file of packages or labels and, at this time, has no independent knowledge as to how this product was packaged or labeled. CERTIFICATION STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) CLIFFORD J. CARR, being duly sworn, deposes and says that he is Manager-Personnel for defendant THE FLINTKOTE COMPANY, a corporation; that he has read the foregoing Requests for Admissions and Interrogatories; that said responses are based on documents in the files of THE FLINTKOTE COMPANY, and on the knowledge and memory of various employees of THE FLINTKOTE COMPANY; and that such responses are true and correct to the best of his knowledge, information and belief. EXECUTED THIS /Q '^day of 0 , 1985, at Irving, Texas, Sworn to and Subscribed before me 0this /Qv^~day of , 1985. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE