Preview
FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022
.. ATTACHMENT TO ANSWERS. TO INTERROGATORIES . .... . .
National Gypsum did not conduct its own tests of
respirators but rather relied upon United States Bureau of Mines
.
approval and governmental regulations and industry standards. To
the best of National Gypsum's knowledge, the use of an
.
appropriate respirator as approved by the United States Bureau of
Mines , and as recommended by the manufacturer of the respirator,
would protect the wearer from the inhalation of asbestos dust and
fibers.
es-
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In environmental samples were taken to mea-
addition,
sure the concentration of airborne asbestos fibers in particular
areas. These samples were obtained by use of the same equipment
and procedures as in the personal sampling.
The above procedures were those provided in the OSHA
Sampling Data Sheet No. 2,
All of the filters returned to the National Gypsum en-
vironmental laboratory were prepared for a fiber count by first
rendering the filter transparent with diethyl oxalatediethyl
pthalante mounting solution. The prepared filters were then
examined by an experienced microscopist using a phase contrast
illuminated microscope at 400-450 who then re-
magnification,
corded the number of fibers in given areas.
(2 of 2)
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ATTACHMENT .16 TO ANSWERS TO INTERROGATORIES
National Gypsum has never had a medical department.
National Gypsum has maintained a research department to test and
develop products and to provide technical assistance to all
departments at least since 1928. From 1928 until 1954, research
facilities were decentralized and were located at various plants
throughout the United States. In 1954, the department was
consolidated in Buffalo, New York, and it has been there
continuously since that date.
The following individuals have held the positions
listed:
Approximate
Dates Individuals· Titles.
Prior to Dean D. Crandell Director of Research
. . 1944
1944-1947 Dean D. Crandell Vice President in
Charge of Research
1945-1952 Frank L. Marsh Director of Research
1952-1955 _ William H. Harding Director of Research
1955-1965 Dean D. Crandell Vice President in
. Charge of Research
1956-1959 Donald G. Hamme Director of Research
Projects
Rodney G. Buergin Director of Technical
Services
1960-1964 Donald G. Hamme Director o,f Research
. . Projects
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ATTACHMENT 17 TO ANSWERS TO INTERROGATORIES
Although National Gypsum has never maintained a formal
library, it does maintain a collection of publications and books
dealing with technical subjects in its Gold Bond Research Center
in Tonawanda, New York. The collection does not generally
contain medical information. Further, National Gypsum has never
employed a librarian. Various National Gypsum employees may have
To·
collected and maintained scientific or medical information.
National Gypsum's knowledge, it has not held a membership in or
funded any medical library.
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..
Atomic Absorption Newsletter
Automation In Housing
BNAC communicator (Newsi3aper)
Battelle Technical Review (Battelle Research outlook)
.
Buffalo Spree
Building News
Building official
Building operating Management
.
BRAB - Research Institute (National Research
Building council)
. Building Standards Monthly
.
Buildings - The constructidn & Management Journal
Building
Bulletin Board of Standards & Appeals
Business Review
Chem-Tech
.. chemical Business
chemical Engineering News
Chemical Engineering Progress
chemical Marketing Reporter
. chemical Processing
Chemical Regulation Reporter
chemical Week
· concrete Products
Construction Dimensions
Data User News
Dateline Western New York (Better Bus. Bureau of Western NY)
Dimensions
(2 of 6)
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Journal of Occupational Medicine
.. . Lab Data
Local Climatological Data
Manufactured Housing Dealer
Mine Safety & Health
Mobile/Modular Housing Report
Modern office Procedures
Modern Paint & Coatings
Modern Plastics
Monthly Catalog of U.S. Government Publications
National Conference of States On Building Codes & Standards News
National Home Center News
National Housing Center Library Bulletin
National Safety News
Nations Business
No.se Control Engineering
Noise Regulation Reporter
Occupational Health & Safety
Occupational Safety & Health Reporter
office Skills Workshop
O.S.H.A. Volume I General Ind. Stds.
0.S.H.A. Volume III
O.S.H.A. Volume IV
O.S.H.A. Volume V
- Package Printing
Paper Age ..
(4 of 6)
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Scanning
Scientific America
Screen Printing
.Secretarys Manual
Solar Enertly R & D Report
Solar Engineering Magazine
Solar Heating & Cooling
Sound & Vibration
Southern Building
Standardization News
Tappi
Techniques
The Press
33 Metal Producing
Turf and Grounds Manager
Vertical File Index
Vinyl Technology
Wall Street Journal
Wallcoverings
:
Walls & ceilings
Western New York
National Gypsum does not subscribe to the U.S. Public
Health Bulletin Service and does not have any records of past
. subscriptions.
(6 of 6)
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. National Gypsum's Gold Bond Division is a
currently
member of-the Gypsum Association. National Gypsum became a mem-
ber of the Association in April, 1930.
Several employees of National Gypsum in Buffalo, New
York have been individual members of the Buffalo chapter of the
American Industrial Hygiene Association since 1973, and one of
National Gypsum's employees became an i·ndividual member of the
North American Industrial Hygiene Association in 1980.
At one National Gypsum have had some associa-
time, may
tion with the National Mineral Wool Association.
National Gypsum was a member of the Acoustical
Materials Association (1938-1969), the Acoustical Materials and
Insulating Association (1969-1972), and the American Board
Products Association (1972-1975).
National Gypsum has been a member of the National
Safety Council since 1926.
National Gypsum was a member of the Safe Building
Alliance from its formation in 1984 through December 21, 1987.
National Gypsum was a member of the National Lime
Association from 1941 to 1984.
Documents, including minutes, pertaining to one or more
of the above associations, to the extent that they are in
National Gypsum's possession, are available for inspectión and
copying at the Gold Bond Building Products Division facilities ,in
Charlotte, North Carolina.
(2 of 3)
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ATTACIDIENT 20 TO ANSWERS TO INTERROGATORIES
Review of minutes compiled or received in connection with
asbestos litigation reflect attendance by representatives of
National Gypsum at meetings of certain trade associations.
National Gypsum's information on this subject is incomplete. In
addition, National Gypsum does not know whether the individuals
listed as attending such meetings on behalf of National Gypsum
were actually in attendance.
AMERICAN SOCIETY FOR TESTING AND MATERIALS
From the 1930's until the present, various members of
National Gypsum's research department have attended meetings
of the American Society for Testing and Materials. R. .
Moulder, J.D. Shull and J. Volk are among those who have
attended meetings.
SBESTOS INFORNATION ASSOCIATION/NORTH AMERICA
Various employees of National Gypsum have attended AIA/NA
meetings from 1970 to 1982. Among those who attended
meetings were:
W. B. Hoffman, Mike Johnson, A. H. Fay, E. J. Killian, and
F. H. Zimmerman.
ASBESTOS CEMENT PRODUCTS ASSOCIATION
''
A.H. Fay (11/14/68, 7/15/68, 8/19/69, 11/21/69)
F.H. Zimmerman (2/18/69, 8/19/69, 11/21/69)
L.B. Crowell (11/21/69)
(1 of 4)
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H. -Zimmerman Meetingci 10/27/71 -
F. (Membership
10/28/71, 4/5/72, 4/4/73, Safety
Committee Meetings: 8/18/64, 9/20/66,
9/19/67 3/19/68 -
, 3/20/68, 10/25/71,
Manufacturing and Mining Committee Meetings:
4/3/73, 8/10/76)
B. Brower (Membership Meeting: 4/5/72)
R. G. Walker (Membership Meeting: 4/5/72)
J. Voisinet (Membership Meeting: 4/4/73)
J...K. Hovind (Membership Meeting: 4/6/77, Technical
Committee Meetings: 8/1/73 -
8/3/73,
2/13/74 - 2/16/77 -
2/15/74, 2/18/77,
8/10/77 -
8/12/77)
Zale Meetings: 10/12/77 -
R. L. ·(Membership 4/6/77,
10/13/77)
s : 6/77 10/12/77 -
W. B. Hoffman (Membership Meeting 4/ ,
10/13/77, Manufacturing and Mining
Committee Meeting: 8/10/76)
E. Epke (Safety Committee Meeting: 9./2O/66)
T. D. Tolin (Safety Committee Meeting: 9/19/67)
.. F. Durgess (Safety Committee Meetings: 8/18/64,
-'
10/25/71)
T. J. Harrison (Safety Committee Meeting: 10/25/71)
J. B. Nye (Safety Committee Meeting: 10/25/71)
J. Spillards (Safety Committee Meeting: 10/25/71)
(3 of 4)
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ATTACHMENT 21 TO ANSWERS TO iNTERROGATORIES ··--·
, National Gypsum cannot identify the precise date or
manner in which one or more of its employees might have become
aware of alleged claims of health hazards associated with the
inhalation of asbestos fibers. National Gypsum believes that at
least three of its former employees were aware of the disease
asbestosis in 1949, although National Gypsum has been unable to
determine the source, nature or extent of their knowledge. In
addition, National Gypsum believes that one or more of its
employees became aware at least by 1953 that inhalation of
excessive amounts of asbestos fibers by human beings over long
periods of time could cause asbestosis. This kind of high level
exposure could occur in certain manufacturing operations
utilizing raw asbestos, in the absence of dust control measures.
National Gypsum believes that it was aware by the late
1960's of an alleged association (1) between the presence of
·asbestosis and the contraction of lung cancer and (2) between the
inhalation of asbestos fiber and the contraction of mesothelioma,
but it cannot identify the source, date, or extent of its
.
information.
National Gypsum further states that throughout the
950's and 1960's, based on medical and scientific knowledge at
that time, National Gypsum believed that there was a safe revel
of asbestos to which a person could be exposed without risk of
injury; and that persons who were not exposed to excessive
amounts of asbes,tos for many years would not become sick. In
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ATTACHMENT -22 TO ANSWERS To INTERROGATORIES
From a review of the av_ailable records with respect to
workerst .compensatiori claims, the earliest date of of an
filing
asbestos-related claim that National Gypsum has be6n able to
determine was February 28, 1968.
earliest reference of type to an asbestos re-
The any
workers' compensation case is a reference to a
lated judgment,
entered on January 27, 1959, apparently finding permanent partial
asbestosis." the period between
disability due to "pulmonary For
January 27, 1959 and February 28, 1968, National Gypsum has found
other asbestos-related workers' compensation
only one case,
evidenced by .a judgment entered on April 19, 1965.
All three of the foregoing cl*aims were filed by workers
employed at plants which used large amounts of raw asbestos fiber
and cement to manufacture asbestos-cement products, such as
and flat sheets. These employees did not install finished
siding
products.
National Gypsum objects to interrogatories seeking a
the such in-
list or other detailed information on ground that
seek infor-
terrogatories are overbroad, unduly burdensome, and
mation that is not relevant to the subject matter of this action
,
to the of admis-
and not reasonably calculated lead to discovery
sible evidence.,
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Witness Case Deposition
bate
N. John J. Pfister, Jr. and Doris 7/19/83
Harry
Charbonnet Pfister v. Asbestone ComoanYr
et al., C.A. No. 83-2280 (Section
A United States District Court,
Eastern District of Louisiana),
20 pgs.
William S. In re: Asbestosis Cases, 7/15/81
Eikenberry CV-179-240, CV181-92,
CVl80-210, CVl80-211
(United States District
court for the Southern
District of Georgia,
Augusta Division) , 174
pages.
Frank Anuzelli, et ux. v. 3/10-11/82
Johns-Manville Corporation,
et al.,- No. 81-19442;
Joseoh C. Stagliano, et ux.
v. Johns-Manville Corporation,
et al.3 No. 80-00635;
Agnes Clary et al. v.
Johns-Manville Corndration, .
et al., No. 79-08445
(Court of Common Pleas,
Penn-
Montgomery County,
sylvania), 299 pages.
Albert H. In Re: Asbestos Related 6/29-30/83
Fay
Litigation, CP-81-1 (In the
United States District Court
for the Eastern District
of North Carolina); In Re:
Asbestosis Cases, CA. No.
83-CP-06-105 et al., CA No.
82-CP-10-148 et al. (In the
Circuit Court, State of
. South Carolina, Counties of
Barnwell and Charleston);
Lona P. Schultz, As Widow
and Next of Kin of Ivan ..
Raymond Gardner Estate of James B. KenneY, 6/17/85
et al. v. Fibreboard Paper
Products Corporation, et al.,
No. 84-110 (United States
District Court Eastern District
of Louisiana), 35 pages.
(2 of 12)
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Witness Case Decosition . .
Date
Lefort Jr. v. Johns- 3/8/85
Pershing
Corp.-
Nanville et al., No.
82-0116 (United States
District Court, Eastern
District of Louisiana),
93 pages.
John P. Hayes Alton Petes v. John P. 5/7/79
Hayes, et al., No. 78-721
(Section H, United States .
District Court for the Eastern
District of Louisiana, New
orleans Division), 40 pages.
Keith C. Hotard ·Joseph Isom v. Philip-Carey, 10/2/87
et al., No. 86-2404 (United
States District Court for the
Eastern District of Louisiana),
181 pages.
Robert Johnson Earl Gifford v. National 11/11/82
No. B-
Gypsum"Compgny,
81-34-CA (United States
District Court for the
Eastern District of Texas,
Beaumont Division), 65
pages.
In re: Asbestos-Related 6/28/83
. Litigation, CP-81-1 (United
States District Court for
the Eastern District of
North Carolina), 155 pages.
Norbert W. Kaleta Herbert Williams, Sr. v. 6/15/83
Gold Bond Pro-
Suilding
ducts, et al., No. 271-677
(Division Twenty-
"H",
Fourth Judicial District
. Court, Parish of Jefferson,
State of General .-
Louisiana),
deposition - 51
Discovery pages,
Perpetuation deposition - 47
pages.
(4 of 12)
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Witness Case Deposition
Date
Walter E. Patterson, et ux. 11/11/81
Cor o i al N .
3-81-396 (United States
District Court for the East-
ern District of Tennessee,
Northern Division), 118
pages.
David Donald Smith, et ux. 4/29/82
v. W.R. Grace & Co., et al.,
No. 776308 (District Court,
Fourth Judicial District,
County of Hennepin, State
of Minnesota), 124 pages.
Earl Gifford v. National 11/11/82
Gypsum ' No.
ComDany,
B-81-34-CA (United States
District Court for'the
Eastern District of Texas,
Beaumont Division), 64
pages.
Idella Indivi- 1/17/85
Kennell,
. dually And As Executrix
of the Estate of Decedent,
Walter W. Kennell v.
Preview
FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 .. ATTACHMENT TO ANSWERS. TO INTERROGATORIES . .... . . National Gypsum did not conduct its own tests of respirators but rather relied upon United States Bureau of Mines . approval and governmental regulations and industry standards. To the best of National Gypsum's knowledge, the use of an . appropriate respirator as approved by the United States Bureau of Mines , and as recommended by the manufacturer of the respirator, would protect the wearer from the inhalation of asbestos dust and fibers. es- 1 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 In environmental samples were taken to mea- addition, sure the concentration of airborne asbestos fibers in particular areas. These samples were obtained by use of the same equipment and procedures as in the personal sampling. The above procedures were those provided in the OSHA Sampling Data Sheet No. 2, All of the filters returned to the National Gypsum en- vironmental laboratory were prepared for a fiber count by first rendering the filter transparent with diethyl oxalatediethyl pthalante mounting solution. The prepared filters were then examined by an experienced microscopist using a phase contrast illuminated microscope at 400-450 who then re- magnification, corded the number of fibers in given areas. (2 of 2) 2 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 ATTACHMENT .16 TO ANSWERS TO INTERROGATORIES National Gypsum has never had a medical department. National Gypsum has maintained a research department to test and develop products and to provide technical assistance to all departments at least since 1928. From 1928 until 1954, research facilities were decentralized and were located at various plants throughout the United States. In 1954, the department was consolidated in Buffalo, New York, and it has been there continuously since that date. The following individuals have held the positions listed: Approximate Dates Individuals· Titles. Prior to Dean D. Crandell Director of Research . . 1944 1944-1947 Dean D. Crandell Vice President in Charge of Research 1945-1952 Frank L. Marsh Director of Research 1952-1955 _ William H. Harding Director of Research 1955-1965 Dean D. Crandell Vice President in . Charge of Research 1956-1959 Donald G. Hamme Director of Research Projects Rodney G. Buergin Director of Technical Services 1960-1964 Donald G. Hamme Director o,f Research . . Projects 3 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 ATTACHMENT 17 TO ANSWERS TO INTERROGATORIES Although National Gypsum has never maintained a formal library, it does maintain a collection of publications and books dealing with technical subjects in its Gold Bond Research Center in Tonawanda, New York. The collection does not generally contain medical information. Further, National Gypsum has never employed a librarian. Various National Gypsum employees may have To· collected and maintained scientific or medical information. National Gypsum's knowledge, it has not held a membership in or funded any medical library. 4 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 .. Atomic Absorption Newsletter Automation In Housing BNAC communicator (Newsi3aper) Battelle Technical Review (Battelle Research outlook) . Buffalo Spree Building News Building official Building operating Management . BRAB - Research Institute (National Research Building council) . Building Standards Monthly . Buildings - The constructidn & Management Journal Building Bulletin Board of Standards & Appeals Business Review Chem-Tech .. chemical Business chemical Engineering News Chemical Engineering Progress chemical Marketing Reporter . chemical Processing Chemical Regulation Reporter chemical Week · concrete Products Construction Dimensions Data User News Dateline Western New York (Better Bus. Bureau of Western NY) Dimensions (2 of 6) 5 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 Journal of Occupational Medicine .. . Lab Data Local Climatological Data Manufactured Housing Dealer Mine Safety & Health Mobile/Modular Housing Report Modern office Procedures Modern Paint & Coatings Modern Plastics Monthly Catalog of U.S. Government Publications National Conference of States On Building Codes & Standards News National Home Center News National Housing Center Library Bulletin National Safety News Nations Business No.se Control Engineering Noise Regulation Reporter Occupational Health & Safety Occupational Safety & Health Reporter office Skills Workshop O.S.H.A. Volume I General Ind. Stds. 0.S.H.A. Volume III O.S.H.A. Volume IV O.S.H.A. Volume V - Package Printing Paper Age .. (4 of 6) 6 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 Scanning Scientific America Screen Printing .Secretarys Manual Solar Enertly R & D Report Solar Engineering Magazine Solar Heating & Cooling Sound & Vibration Southern Building Standardization News Tappi Techniques The Press 33 Metal Producing Turf and Grounds Manager Vertical File Index Vinyl Technology Wall Street Journal Wallcoverings : Walls & ceilings Western New York National Gypsum does not subscribe to the U.S. Public Health Bulletin Service and does not have any records of past . subscriptions. (6 of 6) 7 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 . National Gypsum's Gold Bond Division is a currently member of-the Gypsum Association. National Gypsum became a mem- ber of the Association in April, 1930. Several employees of National Gypsum in Buffalo, New York have been individual members of the Buffalo chapter of the American Industrial Hygiene Association since 1973, and one of National Gypsum's employees became an i·ndividual member of the North American Industrial Hygiene Association in 1980. At one National Gypsum have had some associa- time, may tion with the National Mineral Wool Association. National Gypsum was a member of the Acoustical Materials Association (1938-1969), the Acoustical Materials and Insulating Association (1969-1972), and the American Board Products Association (1972-1975). National Gypsum has been a member of the National Safety Council since 1926. National Gypsum was a member of the Safe Building Alliance from its formation in 1984 through December 21, 1987. National Gypsum was a member of the National Lime Association from 1941 to 1984. Documents, including minutes, pertaining to one or more of the above associations, to the extent that they are in National Gypsum's possession, are available for inspectión and copying at the Gold Bond Building Products Division facilities ,in Charlotte, North Carolina. (2 of 3) 8 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 ATTACIDIENT 20 TO ANSWERS TO INTERROGATORIES Review of minutes compiled or received in connection with asbestos litigation reflect attendance by representatives of National Gypsum at meetings of certain trade associations. National Gypsum's information on this subject is incomplete. In addition, National Gypsum does not know whether the individuals listed as attending such meetings on behalf of National Gypsum were actually in attendance. AMERICAN SOCIETY FOR TESTING AND MATERIALS From the 1930's until the present, various members of National Gypsum's research department have attended meetings of the American Society for Testing and Materials. R. . Moulder, J.D. Shull and J. Volk are among those who have attended meetings. SBESTOS INFORNATION ASSOCIATION/NORTH AMERICA Various employees of National Gypsum have attended AIA/NA meetings from 1970 to 1982. Among those who attended meetings were: W. B. Hoffman, Mike Johnson, A. H. Fay, E. J. Killian, and F. H. Zimmerman. ASBESTOS CEMENT PRODUCTS ASSOCIATION '' A.H. Fay (11/14/68, 7/15/68, 8/19/69, 11/21/69) F.H. Zimmerman (2/18/69, 8/19/69, 11/21/69) L.B. Crowell (11/21/69) (1 of 4) 9 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 H. -Zimmerman Meetingci 10/27/71 - F. (Membership 10/28/71, 4/5/72, 4/4/73, Safety Committee Meetings: 8/18/64, 9/20/66, 9/19/67 3/19/68 - , 3/20/68, 10/25/71, Manufacturing and Mining Committee Meetings: 4/3/73, 8/10/76) B. Brower (Membership Meeting: 4/5/72) R. G. Walker (Membership Meeting: 4/5/72) J. Voisinet (Membership Meeting: 4/4/73) J...K. Hovind (Membership Meeting: 4/6/77, Technical Committee Meetings: 8/1/73 - 8/3/73, 2/13/74 - 2/16/77 - 2/15/74, 2/18/77, 8/10/77 - 8/12/77) Zale Meetings: 10/12/77 - R. L. ·(Membership 4/6/77, 10/13/77) s : 6/77 10/12/77 - W. B. Hoffman (Membership Meeting 4/ , 10/13/77, Manufacturing and Mining Committee Meeting: 8/10/76) E. Epke (Safety Committee Meeting: 9./2O/66) T. D. Tolin (Safety Committee Meeting: 9/19/67) .. F. Durgess (Safety Committee Meetings: 8/18/64, -' 10/25/71) T. J. Harrison (Safety Committee Meeting: 10/25/71) J. B. Nye (Safety Committee Meeting: 10/25/71) J. Spillards (Safety Committee Meeting: 10/25/71) (3 of 4) 10 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 ATTACHMENT 21 TO ANSWERS TO iNTERROGATORIES ··--· , National Gypsum cannot identify the precise date or manner in which one or more of its employees might have become aware of alleged claims of health hazards associated with the inhalation of asbestos fibers. National Gypsum believes that at least three of its former employees were aware of the disease asbestosis in 1949, although National Gypsum has been unable to determine the source, nature or extent of their knowledge. In addition, National Gypsum believes that one or more of its employees became aware at least by 1953 that inhalation of excessive amounts of asbestos fibers by human beings over long periods of time could cause asbestosis. This kind of high level exposure could occur in certain manufacturing operations utilizing raw asbestos, in the absence of dust control measures. National Gypsum believes that it was aware by the late 1960's of an alleged association (1) between the presence of ·asbestosis and the contraction of lung cancer and (2) between the inhalation of asbestos fiber and the contraction of mesothelioma, but it cannot identify the source, date, or extent of its . information. National Gypsum further states that throughout the 950's and 1960's, based on medical and scientific knowledge at that time, National Gypsum believed that there was a safe revel of asbestos to which a person could be exposed without risk of injury; and that persons who were not exposed to excessive amounts of asbes,tos for many years would not become sick. In 11 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 ATTACHMENT -22 TO ANSWERS To INTERROGATORIES From a review of the av_ailable records with respect to workerst .compensatiori claims, the earliest date of of an filing asbestos-related claim that National Gypsum has be6n able to determine was February 28, 1968. earliest reference of type to an asbestos re- The any workers' compensation case is a reference to a lated judgment, entered on January 27, 1959, apparently finding permanent partial asbestosis." the period between disability due to "pulmonary For January 27, 1959 and February 28, 1968, National Gypsum has found other asbestos-related workers' compensation only one case, evidenced by .a judgment entered on April 19, 1965. All three of the foregoing cl*aims were filed by workers employed at plants which used large amounts of raw asbestos fiber and cement to manufacture asbestos-cement products, such as and flat sheets. These employees did not install finished siding products. National Gypsum objects to interrogatories seeking a the such in- list or other detailed information on ground that seek infor- terrogatories are overbroad, unduly burdensome, and mation that is not relevant to the subject matter of this action , to the of admis- and not reasonably calculated lead to discovery sible evidence., 12 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 Witness Case Deposition bate N. John J. Pfister, Jr. and Doris 7/19/83 Harry Charbonnet Pfister v. Asbestone ComoanYr et al., C.A. No. 83-2280 (Section A United States District Court, Eastern District of Louisiana), 20 pgs. William S. In re: Asbestosis Cases, 7/15/81 Eikenberry CV-179-240, CV181-92, CVl80-210, CVl80-211 (United States District court for the Southern District of Georgia, Augusta Division) , 174 pages. Frank Anuzelli, et ux. v. 3/10-11/82 Johns-Manville Corporation, et al.,- No. 81-19442; Joseoh C. Stagliano, et ux. v. Johns-Manville Corporation, et al.3 No. 80-00635; Agnes Clary et al. v. Johns-Manville Corndration, . et al., No. 79-08445 (Court of Common Pleas, Penn- Montgomery County, sylvania), 299 pages. Albert H. In Re: Asbestos Related 6/29-30/83 Fay Litigation, CP-81-1 (In the United States District Court for the Eastern District of North Carolina); In Re: Asbestosis Cases, CA. No. 83-CP-06-105 et al., CA No. 82-CP-10-148 et al. (In the Circuit Court, State of . South Carolina, Counties of Barnwell and Charleston); Lona P. Schultz, As Widow and Next of Kin of Ivan .. Raymond Gardner Estate of James B. KenneY, 6/17/85 et al. v. Fibreboard Paper Products Corporation, et al., No. 84-110 (United States District Court Eastern District of Louisiana), 35 pages. (2 of 12) 13 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 Witness Case Decosition . . Date Lefort Jr. v. Johns- 3/8/85 Pershing Corp.- Nanville et al., No. 82-0116 (United States District Court, Eastern District of Louisiana), 93 pages. John P. Hayes Alton Petes v. John P. 5/7/79 Hayes, et al., No. 78-721 (Section H, United States . District Court for the Eastern District of Louisiana, New orleans Division), 40 pages. Keith C. Hotard ·Joseph Isom v. Philip-Carey, 10/2/87 et al., No. 86-2404 (United States District Court for the Eastern District of Louisiana), 181 pages. Robert Johnson Earl Gifford v. National 11/11/82 No. B- Gypsum"Compgny, 81-34-CA (United States District Court for the Eastern District of Texas, Beaumont Division), 65 pages. In re: Asbestos-Related 6/28/83 . Litigation, CP-81-1 (United States District Court for the Eastern District of North Carolina), 155 pages. Norbert W. Kaleta Herbert Williams, Sr. v. 6/15/83 Gold Bond Pro- Suilding ducts, et al., No. 271-677 (Division Twenty- "H", Fourth Judicial District . Court, Parish of Jefferson, State of General .- Louisiana), deposition - 51 Discovery pages, Perpetuation deposition - 47 pages. (4 of 12) 14 of 43 FILED: NEW YORK COUNTY CLERK 10/14/2022 12:16 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 10/14/2022 Witness Case Deposition Date Walter E. Patterson, et ux. 11/11/81 Cor o i al N . 3-81-396 (United States District Court for the East- ern District of Tennessee, Northern Division), 118 pages. David Donald Smith, et ux. 4/29/82 v. W.R. Grace & Co., et al., No. 776308 (District Court, Fourth Judicial District, County of Hennepin, State of Minnesota), 124 pages. Earl Gifford v. National 11/11/82 Gypsum ' No. ComDany, B-81-34-CA (United States District Court for'the Eastern District of Texas, Beaumont Division), 64 pages. Idella Indivi- 1/17/85 Kennell, . dually And As Executrix of the Estate of Decedent, Walter W. Kennell v.