Document xz349ZrRaxMGB7Jx9GGKOqx6g

IN TH E C IR C I IT COURT O F JACKSON COUNTY, M ISSOURI AT KANSAS CITY EUGENE ELMER SOULE, and WJLHELM1NA G. SOULE, Plaintiffs, v. A.P. GREEN REFRACTORIES, INC., el al. Defendants. ) ) ) ) ) Case No. 00-CV-227315 ) ) Division 14 ) ) ) ) DEFENDANT T H A G RICU LTU R E & N U TR ITIO N , L .L .C .'S SUPPLEMENTATION OF ITS RESPONSES TO PLAINTIFFS' THIRD SET OF INTERROGATORIES Defendant T H Agriculture & Nutrition. L.L.C. ("THAN"), formerly known as ThompsonHayward Chemical Company ("THCC"). submits its Supplemental Responses to Plaintiffs' Third Set o f Interrogatories. INTRODUCTION THAN notes that the terms "soapstone" and "talc" are not defined in Plaintiffs' Third Set of Interrogatories. The definitions for those two terms vary depending on the context. Some of THAN's documents and some reported decisions use the two terms interchangeably. See, e.g., Robertson v. Allied Signal, 914 F.2d 360 (3d Cir. 1990) (terms talc and soapstone used interchangeably.). Accordingly, in responding to these interrogatories, THAN assumes that the two terms, as used in plaintiffs' interrogatories, are synonymous and notes for purposes o f responding that it is using the two terms interchangeably. THAN will describe the product as "talc/soapstone.v WA 618939.1 THAN also notes that virtually all of the information provided herein is outside the personal knowledge of any current THAN employee. THAN's response to these interrogatories is. therefore, based primarily on a review o f old and often incomplete THCC lecords. These records include: 1) database printouts, pieserved on microfiche, fall 1972 - 1981 2) im nices. reflecting talc/soapsione sales to T H C C s customers, 1970-1980 3) paid vouchers, reflecting talc/soapstone purchases fiom THCC's vendors. 1970-81 4) incomplete correspondence files from ihe early 1950s until 1981. THAN's response is also partially premised on a review o f a \ariety o f secondary' sources, the accuracy o f which THAN cannoi independently verify. These sources include corporate filings with the Alabama. Delaware. Georgia. Texas, and North Carolina secretaries o f state; Securities Exchange Commission ("SEC") filings: state geologic surveys: and trade publications. THAN continues to undertake its own investigation and will further supplement these interrogatories if it discovers additional responsive information. SUPPLEMENTAL RESPONSE TO INTERROGATORY 2: 2. Jfyour answer to Interrogatory No. J is in the affirmative, please state: a. the type o f soapstone and/or soapstone talc which you distributed and/or sold; RESPONSE: [Note: Because the phrase "type o f soapstone and/or soapstone talc" is unclear, for purposes o f responding to this interrogatory' THAN assumes it means trade or brand name.) Based upon ihe loregoing assumption. THAN states that, founded upon the review of documents previously produced to plaintiff, at various times and from various branches located around the country, THCC distributed the following "types" o f talc/soapstone: Talc Beaver White 200; Talc Beaver White 200 50#; Talc Beaver While 325 50#; Talc C 400; Talc C 400 50#; Talc C 500 50#; 2 WA 618939.1 Talc Cascade 200. Talc Cascade 200 Rice 50#; Talc Emtal #43; Talc Emial #43 50#; Talc Fibrene C 300 50#: Talc Fibrene C 400 50#; Talc Fibrene C 500 50#; Talc French Non Pareil 50#; Talc Furnace Creek Coarse 50#: Tale Furnace Creek 50#; Talc Glacier 200: Talc Glacier 200 50#; Talc Glacier 325 50#; Talc Grey 50# (a/k/a "Grey Talc (Soapstone)"): Talc Import; Talc Microtalc CP ] 4 35 50#: Talc Misiron F 128 50#; Talc Milslip NW, Talc Milslip Regular. Talc Mistron Frost 50#; Talc M istronHGO 55 50#: Talc Misiron HGO 75 50#: Talc MistronM139 50#: Talc M istronM ono Mix 50#: Talc Mistron MSC 50#; Talc Mistron RCS 50#: Talc Misiron T076: Talc Mistron T076 50#: Talc Mistron Vapor OSG 50#; Talc Mistron Vapor R/Compact 50 #50; Talc Mistron Vapor 50#: Talc Mistron ZSC 50#: Talc Mistron 139 50#: Talc Monark 50#; Talc Monomix 50#; Talc Powdered USP 50# a/k/a # 127 USP Talc: Talc Scotch Brand 50#; Talc Sierra Cloud 50#;.Talc Sierra Higlow 50#: Talc Sierra White 200 50#; Talc Silverbow 50#; Talc Soapstone: Talc Soapstone 1910A 50#: Talc Soapstone 901 50#: Talc SPB 20: Talc Supreme USP #325 50#; Talc Supreme USP Dense 50#: Talc Supreme USP 200 50#; Talc Texas 650 50# (a/k/a/ Talc Soapstone 650); Talc TH Special 500 50#; Talc Trinity Superfine 50#. Talc SPB 20 a/k/a TP Blend and TP-1 Blend. [Product by Customer List: Paid Vouchers} Before 1973 THAN may have distributed the following types o f talc/soapstone: Alatalc #982. Alatalc #150, Alatalc #993 [THAN production Bates-stamp page numbers (hereinafter "THAN" followed by a number or numbers in brackets) 8521-25, 8526-28, 8530-31, 8534, 8535, 8536-37. 8538, 8539] Mierotalc CP 10-40; Microtalc MP 12-50; Talcron 1089; Talcron 1090; Talcron 1065; Talcron CF 40-20; Talcron CP 34-24; Talcron CP 34-34; Talcron CP 43-25; Talcron 233 C; Talcron 10-20; Talcron 14-14: Talcron CF 40-20; Talcron 1084 USP; Talcron M P 50-26; Talcron WA 618939.1 A? 50-30: Talcron MP 50-35; Talcron MP 70-22: Talcron, 1200; Talcion MP 70-22; Talcron MP 70-30; Talcron 1087: Talcron 399; Talcron 1325; Talcron 3200: Talcron 1060; Talcron MP 45-26. |Amongst others. THAN 1293-94.1442-63,1574-96,1597-99,1600-04] Montana 325, Fibrene While, Fibrene Dust, Sierra Fibrene. (THAN: 1554] Talc 961. Clatal Talc {THAN: 8498] Talc #2 {THAN: 8520] Many vendors referred to their talc/soapstone generically as. e.g., "Georgia talc," "Arkansas talc," "Montana talc," "Texas talc,'* or "Alabama talc." [THAN: 8492-93, 8495,8498-8500, 8503OS, 8515-16,8518,8521 -25,8526-28,8530-31,8534,8535,1418,1478-79,1554,1560] Additional information concerning some o f these types of talc/soapstone is contained in documents previously produced to plaintiffs. Different vendors supplied THAN with talc/soapstone sold under the same trade or brand name. For instance both the Georgia Talc Company ("GTC") and the Southern Talc Company ("STC"), and perhaps others, distributed "Soapstone 901," which was described as soapstone ground coarser than 99% through 200 mesh. {STC Correspondence THAN 8498 (1953); GTC paid vouchers: THAN 7400-11 (1971), 7456-76 (1972), 7424-36 (1973): STC paid vouchers: THAN: 7530-33 (1973). 7499-7519 (1974), STC Interrogatory 7] The American Talc Company also sold soapstone ground coarser than 99% through 200 mesh. [THAN 8540] THAN notes that although THCC records categorized "Pvrax" as a talc product, it is actualh pyrophyllite. a relaied but distinct mineral. The United States Geologic Survey describes talc as "a hydrous magnesium silicate" and pyrophyllite as "a hydrous aluminum silicate with a structure similar to talc." These products included Pvrax ABB, B, and WA. 4 WA 618939.1 b. the identity o f the ( ompanyfront whom you purchased or otherwise obtained the soapstone and/or soapstone taic fo r distribution and/or sale and identify all documents concerning your purchase or receipt o f such material; RESPONSE: THAN states thal. based upon reGew of documents previously produced to plaintiff, ii distributed talc/soapsione supplied by numerous vendors, that it used numerous vendors simultaneously, and that ii changed vendors repeatedly. THCC obtained talc/soapsione from the following vendors. United Sierra: Pioneer Talc Company; Southern Talc Company: Sierra Talc Company: Sierra Talc & Clay Company; Cyprus Mines Corporation; Cyprus Minerals. Inc.; Milwhite. Inc.: American Talc Company: Imperial Products Company. Inc.; L.A. Salomon & Brothers: Georgia Talc Company; Engelhard Mineral and Chemicals Corp; Easiern Magnesia Talc. Co.: Cohutta Talc Company; Charles Pfizer & Company, Inc., and Pfizer Inc. [Paid Vouchers. Correspondence] THAN cannot determine with certainty the vendor associated with many types of talc. Generally, however, it appears upon information and belief that: "Mistron," "Beaver White." "C," "Cascade." "Fibrene," "Furnace C reek" "Glacier,""Sierra." "Supreme." "Trinity,'' and "TH Special" were talc/soapstone distributed by Sierra Talc & Clay Co., Sierra 7a)c Co., United Sierra, Cyprus M inerals and/or Cyprus Mines. [Paid Vouchers, correspondence. THAN 1416-17,1423, 1424. 1480-83, 1597-99,1605-17] "Talcron" "Cercron." and "Microtalc" were talc/soapstone distributed by Charles Pfizer & Co. and Pfizer, Inc. [THAN: 1293-94,1443-63, 1574-96,1597-99, 1600-04] "SPB" a/k/a "TP Blend" were talc/soapstone distributed by the Pioneer Talc Company, [paid vouchers: THAN 8730-54 (1976), 8757-84 (1977)] 5 WA 618939.1  "# ] 27 USP Tale" a/k/a "U SP Powdered Talc" were talc/soapstone distributed by the American Talc Company and/or Imperial Pioducts Company. [THAN 8790-95] '`Talc was a talc/soapsione disiribined by the Cohutta Talc Company [THAN 8520] "Alatalc" was a talc/soapsione disiribined by Imperial Products Company. [THAN 8521-25. 8526-28. 8530-31. 8534, 8535, 8536-37, 8538, 8539] "Milslip" a/k/a "Soapstone'were talc/soapsione distributed by Milwhite. Inc. [correspondence,paid vouchers: THAN 8512.8513,8541 -2,8543,8544-60,8561 -76 (1970), 8577- 80(1971), 8581-8601 (1972), 8602-42 (1973). 8643-72 (1974), 8692-8719(1976), 8720-29(1977)] "Emtal"was a talc/soapstone distributed by Engelhard Minerals and Chemicals Corp. and/or Eastern Magnesia Talc Company. [Vendor book) "Soapstone 901,901 -A, 1910-A" a/k/a "Grey talc" were talc/soapstone distributed by both the Southern and Georgia Talc Companies. [THAN 8498; 7400-11, 7456-76, 7424-36; 7530-33,7499-7519, STC Interrogatory 7.] "# 650 soapstone" a/k/a "Texas Talc 650" w-ere talc/soapstone distributed by the Southern Talc Company. [THAN 7534-42.] Upon information and belief, it appears that, many o f the foregoing companies were closely related through interlocking joint ventures and other common business imerests, com m on ownership o f stock, common officers and directors, and were, through merger or purchase successor corporations 10 each other. THAN, thereiore. cannot stale with reasonable certainty that an invoice received from one company indicates that the invoicing company aciually mined or processed the 6 WA 6 18939.1 ia)c/soapstone distributed by THCC. Upon information and belief it appears that tbe following may have been linked companies, to wit: Georgia - Southern - Cohuua ~ American - Pioneer Talc Companies. This is premised on the following: - M. Woodard "Woody" Glenn was the president of the Georgia, Southern, Pioneer, and American Tale Companies, (THAN 8515-16 (Pioneer), 8492-93 (Georgia), 8495 (Southern). 8540 (American)] and a Director of the American Talc and Pioneer Talc Companies. [Texas, Alabama and Georgia Secretary' of State corporate records] - Francis T. Glenn was the corporate agent for the Georgia, Southern, Cohutta, and American Talc Companies: the President o f the Georgia Talc Company; a Director and Vice-President of the American Talc Company: and a Director of the Pioneer Talc Company. [Texas. Alabama and Georgia Secretary of State corporate records] - "PO Drawer F. Chatsworth, GA" was the mailing address for the Georgia, Southern, Cohutta, and Pioneer Talc Companies. [Paid Vouchers, correspondence, Alabama and Georgia Secretary o f State corporate records] Chatsworth, Georgia was a mailing address for the American Talc Company. [THAN 8540] - "Box 278, Chatsworth, GA" was the mailing address for Southern and Pioneer Talc Companies. [THAN 8515-16 (Pioneer). 8495 (Southern)] - Pioneer Talc Company corresponded re: a product called "chatclay" and attached Georgia Talc Company's chemical analysis for the same product. [THAN 8518-17] - Southern Talc Company was a principal shareholder o f Cohutta Talc Company. [Georgia Secretary' o f State corporate records] 7 WA 618939.1 - There w ere formal joint vemures between the Southern and Georgia Tale Companies between 1945-52 and 1957-68. |Southern Talc Company's("STC")Interrogatory 7:] - Georgia T ale correspondence attached Southern Talc's chemical analysis of various talc/soapstone products. [THAN 8493-5] - American Talc Company correspondence indicates its Alabama talc/soapstone was handled through its facilities in Chatsworth. Georgia. {THAN 8540] - Trade journals indicate that the Pioneer Talc and Southern Talc Companies were "associated" companies and that Pioneer Talc operated facilities in Georgia. Southern Talc Company sold a talc/soapstone called "Texas Talc 650." {THAN 7534-42.] - Georgia Talc Company withdrew' its Georgia foreign corporate status in 1985 {Georgia Secretary' of Stale corporate records] and North Carolina administratively dissolved it in 3995. [North Carolina Secretary o f State corporate records] - In 1986 United Catalysts. Inc,, purchased the Southern Talc and Cobutta Talc Companies and dissolved them. {STC Interrogatory' 13. Georgia Secretary o f State corporate records] In 1988 United Catah'sts incorporated a new Southern Talc Company. [Georgia Secretary of State corporate records] United Catalysts. Inc., was recently renamed Sud-Chemie. Inc., and is a subsidiary o f Sud-Chemie, AG. Secondary sources indicate that the Southern Talc Company discontinued all its Georgia talc/soapstone operations in early 1991. American Talc - Imperial Producs - Cyprus'. During the same time period Peter Bixby was the president o f the American Talc Company and signed letlers on behalf o f Imperial 8 WA 618939.1 Pioducis offering talc/soapstone mined in Alabama. (THAN 8526. 8534-39and Alabama Secretary of Slate records] When the American Talc Company was dissolved in 1980 Imperial Products, Inc., was a substantial shareholder, and both companies had ihe same president. {Alabama Secretary o f Stale records] "American" was lined out on records and "Imperial Products" substituted. (THAN 8790-95] There was a notation on THAN 8789 stating "They are being billed under a different name now." Secondary sources indicate that Cyprus Industrial Minerals acquired the American Talc Companies's Alabama operations in the late 1970s. Pfizer - Pioneer Talc Company: Potential relationship due to "Pfizer" being lined out and "Pioneer" substituted on 1976 and 1977 paid voucher documents. (THAN 8750,53,59,62, 65.68,71,74, 77.80] Texas Secretary o f State Corporate records indicate that in 1994 the Pioneer Talc Company dissolved. SEC filings indicate that in 1994 Zemex Corporation and Suzorite Mineral Products purchased the assets o f Pioneer Talc Company, which was indirectly owned by Whittaker, Clark & Daniels. Inc. Secondary sources indicate that the Suzorite Mineral Products currently mines and processes talc, in the vicinity o f Allamoore, Texas, and along w ith the Feldspar Corporation markets, a talc/soapstone known as "Pioneer Talc." Suzorite and Feldspar are fully owmed subsidiaries o f Zemex Corporation. Sierra Talc & Clay Co. - Sierra Talc Co. ~ United Sierra - Cyprus M ines --Cyprus Minerals: Before 1959 the company was known as Siena Talc & Clay Company and around 1960 changed its name to the Sierra Talc Company. In 1964. it became the United Sierra Division of Cyprus Mines Corporation. In 1979, Cyprus was acquired by and becam e a wholly-owned subsidiary o f Amoco. In 1980, Amoco transferred all o f its shares o f Cyprus to Am oco Minerals Company, an existing wholly-owned subsidiary. In 1985. Amoco M ineral Com pany was spun-off 9 WA 618939.1 .nd changed its name to Cyprus Minerals Corporation. In 1992. Luzenac America. Inc. acquired Cyprus" talc/soapstone operations. Engelhard Minerals and Chemicals Corp - Eusiern Magnesia Talc, Co.: Secondary sources indicate that in 1967 the Minerals and Chemicals Phillip Corp purchased Easiem Magnesia Talc. Co. Shortly thereafter., that entity meiged inio Engelhard Industries. Inc., and the resulting corporate entity was renamed Engelhard Minerals and Chemicals Corporation. r. ihe locution ojth e mine where the soapstone was obtained; Response: THAN states that, based upon review of documents already produced to plaintiff and secondary sources, the talc/soapstone obtained by THCC could have come from mines located in: Various locations in California: Numerous documents from Sierra/Cyprus and Pfizer indicate that they operated talc/soapstone mines in California. {THAN 1423, 3424, 3597-99.] Secondary sources indicate that Sierra/Cyprus operated six mines in Death Valley California and that Pfizer operated mines in San Bemadino County, California. Various locations in Montana: Numerous documents from Sierra/Cyprus and Pfizer indicate that they operated talc/soapstone mines in Montana. jTHAN 1423, 1424, 1597-99.] Secondary sources indicate that Sierra/Cyprus operated mines near Ennis, Montana (including the Beaverhead and Yellowstone mines) and that Pfizer operaied mine(s) near Barretts, Montana. Vicinity o f Murray County. Georgia (a/k/a Charswonh District"): The Southern Talc Company operaied numerous talc/soapstone mines in Murray County. Georgia. {THAN 8499.8503 and STC Interrogatory 7] The Georgia Talc Company mined talc/soapstone in Murray County, Georgia. {THAN 8492-93, secondary sources] The Cohutta Tale Company operated talc/soapstone 10 WA 618939.1 .nines in Murray County. Georgia. JSTC Interrogatory 7, secondary' sources] The American Talc Company had facilities in Murray County. Georgia. (THAN 8540] Secondaty sources indicate that there were many talc/soapstone mines in Murray County. Georgia, and that the Pioneer Talc Company operated facilities in Georgia. Vicinity o f Talladega Countv. Alabama (a/k/a Winterhoro District): The Southern Talc Company mined talc/soapstone in Alabama but shipped the processed talc/soapstone from Chatsworth. GA. {THAN 8498] Some Southern Talc Company talc/soapstone originated from Alabama. {THAN 8500. 8504] The Georgia Talc Company did business near Alpine, Alabama. {THAN 8492-93] The American Talc Company operaied a talc/soapstone mine in Alabama but processed and shipped this talc/soapsione from Chatsworth. Georgia. [THAN 8540] The Pioneer Talc Company shipped Alabama talc/soapstone from Georgia. [THAN 8515-16] Imperial Products operated at least one talc/soapstone mine near Alpine. Alabama. [THAN 8521-25. 8526-28,8530 3 1 .8 5 3 4 .8535,8538] Secondary sources indicate ihat ihe American Talc Company and Cyprus Industrial Minerals mined talc/sopastone in Talladega County, Alabama; that United Feldspar and Minerals leased the land containing the talc/soapsione deposits to the American Talc Company; that talc/soapstone was mined in the Winierboro district between approximately 1953 and 1975 and the talc/soapstone was often sent to Georgia for processing. Vicinity o f Culbertson and Hudspeth Counties. 1 exas (a/k/a Allamoore Districts The Georgia Talc Company obtained and shipped talc/soapstone from ihe vicinity o f Allamoore or Van Horn, 1 exas. jTHAN 8492-93] The Pioneer Talc Company operated talc/soapstone mine(s) in Allamoore. Texas. {THAN 8515-16] Milwhite, possibly through a subsidiary W estex Minerals 11 WA 618939.1 Co., operaied talc/soapstone mine(s) in Van Horn, Texas, and possibly other locations in the southwest. THAN 8541-42. 8543] Sierra/Cyprus also operated talc/soapstone mines in Texas. {THAN 1478-79] Southern Talc Company sold a lalc/soapstone called "Texas Talc 650." {THAN 7534-42] Secondary sources indicate the Pioneer Talc Company opened a lalc/soapstone mine circa 1960 near Allamoore. Hudspeth County. Texas, and that Sierra/Cyprus operated two mines near Van Horn. Texas. Vicinity of Saline County. Arkansas: The Southern Talc Company sold talc/ soapsione mined in Arkansas. {THAN 8505] Milwhhe operaied lalc/soapstone mines near Bryant, Arkansas. [THAN 8541-42. 8543] Secondary- sources indicate that Milwhite operated soapstone mines at various open pits along a narrow 4-mile-long belt in northeastern Saline County and ' processed the rock at a grinding plant at Bryant. Saline County. Vicinity o f Johnson. Vermont: Secondary sources indicate that Engelhard Minerals and Chemicals Corp. operaied a lalc/soapstone mine near Johnson. Vermont. Possibly North Carolina: The Georgia Talc Company incorporated in North Carolina in 1905. {Secretary o f Stale Records] Secondary- sources indicate thal the American Talc Company ai one lime operaied a mine in Moore County, North Carolina. Most vendors operaied mines in several states and THAN has no knowledge of what type of lalc/soapstone may have come ftom which mine at what time. Those vendors that formed interlocking business relationships with other vendors may have sold products mined in various states by other vendors. See Response to Interrogatory 1(b) above. Over time the merger o f different 12 WA 618939.1 vendors and the purchase or sale of mines appears to have altered the number and location of mines lhai any particular vendor operated. d. describe die type ofpackage(s) in which the soapstone and/or soapstone talc nwr contained, give the name o f the product appearing on each package, and state the colors on which the package and any writings appeared; RESPONSE: THAN currently has no independent knowledge o f !be appearance or color o f ihe containers in which the talc/soapstone may have been placed. Based upon information and belief, talc/soapsione was someiimes shipped directly to the customer by train and was often packaged in 100 or 50-pound multi-layered paper bags. Upon information and belief some bags were plain bags, some bags were marked with the vendor's name, other bags may have been marked with the grade o f talc, and other bags may have been marked with the customer's code number. (THAN 1427-34. STC Interrogatory 7. all shipping documents] e. ihe inclusive dates in which you distributed and/or sold soapstone and/or soapstone talc; RESPONSE: THAN states that, based upon review1o f documents already produced to plaintiff, it is unable to determine w'hen it started to distribute talc/soapstone. Based upon a review of these documents THCC may have been distributing talc/soapstone by the mid 1950s. \See, e.g., THAN 8492-8505] THCC has records indicating it distributed talc/soapstone from 1970, and THCC ceased distribution o f talc/soapstone in 1980/81. J. the reason why you stopped distributing/selling soapstone and/or soapstone talc; RESPONSE: THAN stopped distributing talc/soapstone when it sold certain assets to Harcros in 1-981. 13 WA 618939.1 the identity of each defendant in this action to whom you distributed tind/orsold soapstone and/or soapstone talc andfurther describe each such sale of material including dare, quantity, place o fdistribution/deUvery, persons with the defendant with whom you dealt, etc,; Response: a search o f ihe records already produced to plaintiffs indicates that THAN sold talc/soapsione to the following defendants during the designated years. [Invoice File: Product by Customer List] McKesson Chemical Co: 1970-71. 1977-78 PPG Industries: 1975-1980 Van Waters & Rogers Inc.: 1972. 1979 W.R. Grace & Co-Conn: 1971-1978 The details o f each relevant transaction can be found on either the invoice or on the various database reports preserved on microfiche. All these documents have been produced to plaintiffs. the identily o f each and every document relating to the sale, distribution, or use o f soapstone and/or soapstone talc to any defendant in this action; Response: The only responsive documents are invoices, which THAN has only from 1970 1983. and entiies on database printouts, which THAN has. recorded on microfiche, as follows: C-90 1972-1981 Product by Cusiomei 1975-1980 Customer by Product Monthly Inventory List 1974-1980 1972-1981 14 WA 61*939.1 I. and/or sold soapstone and/or soapstone talc andfurther describe each such sale o f such nutlet ial including dale, ijauntity, place o f disiribution/delivery, persons n-ith Ihe defendant with whom you dealt, etc.; RESPONSE: THAN distributed soapstone/talc to Standard Asbestos. All sales to Standard Asbestos were shipped from Speaker Road. Kansas City. Kansas to 41 ON. Olive Street. Kansas City, Missouri. THAN incorporates its response to (j) below. THAN has no knowledge o f individuals at Standard Asbestos with whom it may have dealt. j. the identity'o f each and every document relating to the sale, distribution, or use o f soapstone and/or soapstone talc to any employer o f the plaintiff. RESPONSE: The only iesponsive documents are invoices [THAN 967-980] and entries on the . ... 1C-90 reports, recorded on microfiche. The Monthly Inventory' List (MIL) may also contain the entries reflected on the 1C-90. THAN 968 THAN 970 THAN 972 THAN 971 THAN 975 THAN 974 June 23, 1970 Feb 9,1971 Feb 26,1971 Sept. 22, 1971 May 19, 1972 Oct 20, 1972 2500 lbs Talc Soapstone 901 THCC Invoice: 18596 1750 lbs Talc Soapstone 901 THCC Invoice: 006957 800 lbs Talc Soapstone 901 ` THCC Invoice: 008397 2500 lbs Talc Soapstone 901 50# THCC Invoice: 033184 2500 lbs THCC Invoice: 060480 Talc Soapstone 50 # 1910 A 2500 lbs Talc Soapstone 901 50# THCC Invoice: 073916 15 WA 618939.1 THAN 977 A pr 18r 1973 THAN 978-79 May 18.1973 2500 lbs Talc Soappione 901 50 M Return for credit 1700 lbs Talc Soapstone 901 50 # THCC Invoice: 011759 1C-90 entry THCC Invoice: 003636 1C-90 entry note re: return of 4/18 shipment SUPPLEM ENTAL RESPONSE TO INTERROGATORY 4 4. D id you dis tribute or sellprodu m oj Georgia Tide Compuny? I f so, please identify allproducts purchased byyoufor tesale or distributionfrom Georgia Talc Company and identify ail documents concerning or relating to such purchases and sales. Response: THAN slates that it still lacks knowledge confirming that it distributed products from the Georgia Talc Company. Relevant records, all o f which have been produced to plaintiff, include: A September 1956 letter (THAN 8492-94] with Georgia Talc letterhead that offers talc/soapstone to THCC but indicates that high freight rates may preclude THCC's purchase. The master vendor book (1974-80) lists the Georgia Talc Company as a THCC vendor. This is not conclusive on whether THCC distributed or sold actual Georgia Talc productssee next bullet point. THAN has produced to plaintiffs all paid vouchers indicating receipt o f talc/soapstone from the Georgia Talc Company. These paid vouchers span the 1971-1973 time period. jTHAN 7400-11, 7456-76, 7424-36] The purported products reflected on these paid vouchers include "Soapstone 90 1 /' "Soapstone 901-A /' and "Soapstone 1910-A." all a/k/a "Grey Talc Soapstone." The following are the Georgia Talc Paid Vouchers in TH A N 7s possession: 16 WA 618939.1 1071 THAN 7400-7411 7403 3/29/71 7406 12/11/70 7410 7/20/71 35 tons ?0tons 35 ions 901 Soapstone 1910-A Soapstone 901-A Soapstone to St Louis to Springfield to St Louis 1972 THAN 7456-7476 7458 11/20/72 7462 7/21/72 7465 5/23/72 7469 3/10/72 7473 2/4/72 7476 1/13/72 2.5 tons 1910-A Soapstone to Springfield 35 tons 901 Soapstone to St Louis 27.5 ions 901 Soapstone to Kansas City 7.5 tons 1910-A Soapstone to Kansas City (Notation indicates Sante Fe delivery: THAN 7466) 35 tons 901 Soapstone to St Louis 12 tons 901 Soapstone to Prescott, AR 35 tons 901 Soapstone to St Louis 1973 THAN 7424-7436 7427 6/13/73 7430 2/27/73 7433 1/4/73 7436 11/2/72 35 tons 35 tons 2.5 tons 35 tons 901 Soapstone 901 Soapstone 1910-A Soapstone 901 Soapstone to St Louis to St Louis to Springfield to St Louis AU sales documents describe the talc/soapstone as: "ground coarser than 99 through 200 m e sh ,'* Based on information and belief, however, the actual Georgia Talc Company ceased operations in 1968 after a fire destroyed its facilities. [Interview with M ichael Carter] If true, the paid vouchers captioned as Georgia Talc Company documents could not represent purchases of actual Georgia Talc Company products. Upon information and belief, it is believed by THAN that the Georgia Talc Company formed interlockingjoint ventures, had overlapping ownership, and similar business arrangements with the American Talc Company, Pioneer T ale Company. Southern Talc Company. Cohutta T ale Company, and perhaps others. See Response to Interrogatory 1(b) above. Under these arrangements these 17 WA 618939.1 companies appear to have processed and distributed each others' talc/soapstone and used each other's irade names. THAN notes, that Southern Talc Company distributed products with the same trade names as Georgia Talc Company, see, e.g., THAN 7550-42 (1 973). 7499-7519(1 974). STC Interrogatory' 10: THAN 8498 (1953) ] THAN also notes that other vendors sold talc/soapstone with different trade names but the same product desciiption, i.e., ialc/soapsione "ground coarser than 99 through 200 mesh." [See, e.g.. THAN 8540 (American), 7591. 7525 (Southern). 8512, 8513 (Mihvhite)] THAN attempted to locate the former presidents o f Georgia Talc Company but learned they w ere deceased: Francis T. Glenn, 257-03-4837. passed away in 1996, andM . Woodard Glenn, 254 05-8798, passed away in 1998. [Social Security' death records] SUPPLEMENTAL RESPONSE TO INTERROGATORY 8 8. Suite whether or not you have ever hud on agreement, whether written or oral, relating to the distribution and/or sale o j soapstone and/or soapstone talc with any person, firm or corporation. I f your answer to this interrogatory is in the affirmative, please state: R e s p o n s e : [Note: The term "'agreement" is vague since any sale could be construed as an "agreement." THAN will interpret the term "agreement" as referring to a contract establishing an ongoing relationship between a talc/soapstone vendor and THCC as a distributor.] THAN has already produced to plaintiffs the only "agreement" it has located in its records. The relevant documents reflect an agreement with United Sierra Division Cyprus Mines Corporation and is bates labeled THAN 1419-23. THAN 1275 refers to an apparent agreement between THCC and Pfizer. 18 WA 618939.1 a. the mune and address o f the person,firm or corpot ation with whom you had such agreement; RESPONSE: Unhed Sierra Division Cyprus Mines Corporation. Bx 1201 Trenton, NJ 08606. b. the period o f time during which such agreement was in force; Response: July 1. 1967. for five years, terminable on one year's notice c. identify each and every asbestos product which was subject to such agreement; Response: None d. state the name and address o f the present custodian o f each such written agreement; RESPONSE: James W. Smith. P.E.. THAN. 15313 W 95th St. Lenexa, KS 66219 e. state th name and last known address and employment o f each and every person known to you to have knowledge concerning such agreement; and RESPONSE: Max M ason o f Thompson Hayward Chemical Co. and H. T. M ulryan ofU nited Sierra. J. attach a copy o f each such agreement to your answers to these interrogatories. RESPONSE: The relevant documents were already produced and are bates labeled THAN 1419-23. 19 WA 618939. VERIFICATION I, James W. Smith, hereby verify thEt Defendant T H Agriculture & Nutrition, T.L.C. s Response to Plaintiffs Third JntenogfitoneE is true and correct, based upon THAN'e review o f the materials referenced in its Supplementary Responses to Plaintiffs' Third Set o f Interrogatories. STATE OF KANSAS ) ) . COUNTY OF JOHNSON ) JamVw. Smith Subscribed and sworn id before me, a N otary Public within and for the County and Sttgie aforeseid, on this 3rd day of January 2002. \ \ P U g O * } 45 Expires: Cyntbia S. Kfaudt, Notary Public Respectfully submitted. SPENCER FANE BRITT & BROWNE LLP times R. McKown MO Bar #44728 ]000 Walnut Street. Suite 1400 Kansas City. Missouri 64106-2140 Tele. No.: (816)474-8100 Fax No.: (816)474-3216 ATTORNEYS FOR DEFENDANT T H AGRICULTURE & NUTRITION, L.L.C. CERTIFICATE OF SERVICE This is to certify that on this 4th day o f January. 2002. a copy o f the above was duly sent by hand deliver)'to Steven E. Crick and by regular mail io all other counsel o f record, postage prepaid, to the following: Steven E. Crick Scott A. Britlon-Mehlisch Humphrey, Farrington, McClain & Edgar. P.C. 221 West Lexington, Suite 400 PO Box 900 Independence, MO 64051 AND John M. Klamann Klamann & Hubbard, P.A. 7101 College Blvd., Suite 130 Overland Park, KS 66210 Attorneysfo r Plaintiffs Charles J. Kalinoski Margaret M. Chaplinsky Kalinoski & Chaplinsky 100 Court Avenue, Suite 315 Des Moines, 1A 50309-2200 AND William F. Ford Steven J. Brady Lathrop & Gage, L.C. 2345 Grand Blvd.. Suite 2800 Kansas City, MO 64108-2612 Attorneys fo r Defendant Pfizer, Inc. and Quigley Company, Inc. 21 WA 618939.1 Virginia M. Giokaris Brian W. Fields Polsinelli Shalton & Welte. P.C. 700 W . 47th Street. Suite 1000 Kansas City. MO 64112 Attorneys fo r Defendant Owens Illinois, Jnc. iffforney for Defendant T H Agriculture & Nutrition. L.L.C. 22 WA 618939.1