Exhibit,Appendix: CHARLES BOUDREAUX et al VS. ADVOCATE MINES, LTD et al

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Robert J. Lyman, State Bar No. 085240
Walter C. Rundin, State Bar No. 072475
Dean Pollack, State Bat No. 176440
Jeffrey S. Gillespie, State Bar No. 192495
BURNHAM BROWN

‘A Professional Law Corporation

P.O, Box 119

Oakland, California 94604

1901 Harrison Street, 11th Floor
Oakland, California 94612
Telephone: (510) 444-6800
Facsimile: (510) 835-6666

Attomeys for Defendant

ELECTRONICALLY
FILED

‘Superior Court of California,
County of San Francisco

OCT 10 2007
GORDON PARK-LI, Clerl
BY: JUANITA D. MURPHY

Deputy Clerk

BORG-WARNER CORPORATION by its successor-in-
interest BorgWarner Morse TEC Inc., incorrectly identified as

BorgWarner Inc.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION

CHARLES BOUDREAUX and DEBORAH
BOUDREAUX,

Plaintiffs,

v.

ADVOCATE MINES, LTD, et al.,
Defendants.

No. CGC-07-274029

oer D THROUGH I TO INDEX

NTARY EVIDENCE IN
SUPPORT OF DEFENDANT BORG-
WARNER CORPORATION’S,
MOTION FOR SUMMARY
JUDGMENT

October 29, 2007

9:30 a.m.

301

The Honorable Peter J. Busch

Complaint Filed: January 12, 2007
Trial Date: November 13, 2007

1
IBITS A THROUGH C TO INDEX OF DOCUMENTARY EVIDENCE IN

No. CGC-7 274025

SOHORT OF DEF. BORG-WARNER CORPORATION'S MOTION FOR SUMMARYEXHIBIT Di

Robert J. Lyman, State Bar No. 085240
Walter C. Rundin, State Bar No. 072475
Jeffrey S. Gillespie, State Bar No. 192495
BURNHAM BROWN

‘A Professional Law Corporation

P.O, Box 119.

Oakland, California 94604

1901 Harrison Strect, 11th Floor
Oakland, California 94612

Telephone: (510) 444-6800
Facsimile: (510) 835-6666

Attorneys for Defendant
BORG-WARNER CORPORATION by its suecessor-in-
interest BorgWarner Morse TEC Inc., incorrectly identified as
BorgWarner Inc.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO.

UNLIMITED JURISDICTION
CHARLES BOUDREAUX and DEBORAH No. CGC-07-274029
BOUDREAUX,
DEFENDANT BORG-WARNER
Plaintiffs, CORPORATION’S REQUEST FOR
PRODUCTION OF DOCUMENTS TO
v. PLAINTIFF, SET ONE
ADVOCATE MINES, LTD, et al., Complaint Filed: January #2, 2007
Defendants.

PROPOUNDING PARTY: Defendant BORG-WARNER CORPORATION

RESPONDING PARTY: Plaintiff CHARLES BOUDREAUX

SET NO.: One (1)

TO ALL PARTIES HEREIN AND 10 THEIR RESPECTIVE ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Defendant BORG- WARNER CORPORATION (BORG-

WARNER”) demands, pursuant lo California Civil Procedure Code section 2031.010, that at

10:00 a.m., on ine 12, 2007, at the law olfices of Burnham Brown, 1901 Llatrison, Lith Floor,

Oakland, California 94612 (mailing address: Post, Office Box 119, Oakland, California 94604),

Plaintiff CHARLES BOUDREAUX produce for inspection and copying all items or category of

1

DEF. BORG. WARNER CORPORATION'S REQUEST FOR No. CGC-07 F72029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE27
28

items in his possession, custody or contro! pursuant to the instructions and definitions set forth in
Exhibit A, attached.
FURTHER, defendant BORG-WARNER demands that a written response, identifying

each ilem or category of item being produced, be served within thirty (30) days from the date of

service of this demand.
DATED: May / , 2007 BURNHAM BROWN
BORG. WARNER CORPORATION by its
successor-in-interest BorgWamer Morse TEC
Inc., incorrectly identified as BorgWarner Inc.
2
DEF. BORG-WARNER CORPORATION'S REQUEST FOR ‘No, CGC-07 274029

PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONECet A kh wn

EXHIBIT A
L INSTRUCTIONS

1. A’soparate response to each item or category of item is required which is

a. Your statement of compliance;

b. Your representation of inability to comply, or

c. Your objection.

2. All documents are to be produced either

a. As they are kept in the normal course of business, or

b. Organized and labeled to correspond with the categories in this demand.

3. Any representation of your inability to comply with a particular demand shall
specify whether such inability is because the item or category of item has never existed, has been
destroyed, lost, misplaced or stolen or has never been or is no longer in your possession, custody
or control.

Such statement shall further set forth the name and address of any natural person
or organization that you know or believe has possession, custody or control of that item or
category of item.

4, If you object to the demand for inspection of any item or category of item, your
response shall

a. Identify with particularity each document, tangible thing or real property to
which the objection is made, and

b. Set forth clearly the extent of and specific ground for the objection.

Where your objection is based on an asserted claim of privilege and/or that the
information sought is protected work product, stale the particular privilege invoked

I. DEFINITIONS

1. The words “YOU,” “YOUR" “PLAINYIFE” shall meaa and refer to
PLAINTIFF CHARLES BOUDREAUX, and shall include, where appropriate, his past or
present agents, REPRESENTATIVES, associates, attomeys, investigators and any other

persons acting on his behalf.

3
DEF. BORG-WARNER CORPORATION'S REQUEST FOR No. CGC-07 274029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE2. The word “PLAINTIFE” shall mean and refer to PLAINTIFF CHARLES
BOUDREAUX and shall include, where appropriate, his past or present agents,
REPRESENTATIVES, associates, alloneys, investigators and any other persons acting on his
behalf,

3. The word “SHALL” is mandatory and the word “MAY” is permissive.

4. The word “PERSON” shall include both the singular and plural and shall mean
and refer to any natural person, firm, association, organivation, partnership, business, trust,
corporation or public entity, or other group or combination of the foregoing acting as one.

5. The word “REPRESENTATIVE” shali be liberally construed and shalll include
all agents, employees, officials, officers, executives, directors and owners.

6. The past, present and future tenses shall each include the other; the masculine,
feminine and neuter shall each include the other; and the singular and plural number shall each
include the other.

7. The word “DOCUMENT” shall mean and refer to the original or a copy of all
writings as defined in California Evidence Code section 250, to wit

Handwriting, typewriting, printing, photostatting, photographing, and every other

means of recording upon any tangible thing, any form of communication or

representation, including letters, words, pictures, sounds, or symbols, or

combinations thereof. :

‘The term “DOCUMENT,” or any variant thereof, shall further include, but not be
limited to, all written, typed, printed, recorded, tape-recorded, transcribed, graphic or other
reproduced matter or memorialization in any form pertaining to or describing, referring or
relating to, ditcetly or indirectly, in whole or in part, the matter that is the subject of a particular
demand including, but not limited to, originals and copies of Ietters, notes, notebooks, minutes,
memoranda of telephone calls, correspondence, drafts, messages, telegrams, bank statements,
bank and savings passbooks, leaflets, books, files, records, memoranda, conference reports,
working papers, routing slips, diaties, calendars, appointment books, logbooks, time sheets,
proposals, quotations, memoranda of understanding, checks, cancelled checks, statements of
account, broker's records or statements, ledgers, billings, billing registers, receipts, books of

4

DEF. BORG- WARNER CORPORATION'S REQUEST FOR No. CGC-07 F74059,
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONECO aah he ww

account, invoices, tape recordings, computer materials, working papers or memoranda, all
notations on the foregoing and all copies thereof, as well as each summary, table, graphic, chart,
compilation, report, study, tabulation, ially, diagram, drawing, map, illustration or statistical
analysis, by whomever prepared, now or formerly in YOUR actual or constructive possession,
custody or control, Where a DOCUMENT has been prepared in several copies, or where
additional copies have been made that are not identical or arc no longer identical by reason of
subsequent notation, highlighting or other modification of any kind whatsoever including, but
not limited to, notations on the back of pages thereto, cach non-identical copy shall be
considered a separate document.

8. The word “IDENTIFY” when used with respect to a DOCUMENT means to
state the following for each DOCUMENT:

a. the nature and substance of the DOCUMENT with sufficient particularity to
enable the same to be precisely identified and recognized;

b._ the date or approximate date on which the DOCUMENT was prepared;

c. the identity of each PERSON who wrote, signed, initialed, dictated, was
present or otherwise participated in the creation of such DOCUMENT;

d. the identity of each PERSON to whom the DOCUMENT or any copy of it
was sent or addressed;

e. the identity of each PERSON who has seen the DOCUMENT;

f. the identity of each PERSON having custody and/or control of the original
DOCUMENT or any copy thereof;

g. the identity of cach DOCUMENT that refers to, discusses, analyzes or
comments upon any privileged POCUMENT, in whole or in part, or which contains any or all
of its contents; and

h. the identity of each privilege asserted (c.g., lawyer-client, protection for work
product, self-incrimination), together with any slatule which YOU contend supports YOUR.
assertion of such privilege.

ut

5
DEF. BORG-WARNER CORPORATION'S REQUEST FOR No. CGC-07 274029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE,Sem aan ek wn

9. The word “COMMUNICATION? shall mean and refer to any means of
communicating, either in writing or by word of mouth, whether in PERSON, by mail, by
telegraph, by telex, by telephone or by any other means. With respect to each demand herein
relating to oral COMMUNICATION, the response to each such demand shall set forth whether
or not the oral COMMUNICA LION was by telephone, or face-to-face, and the names,
addresses, business positions and occupations of each PERSON who participated in or was
present at the time of said COMMUNICATION.

10. The word “CORRESPONDENCE” shall mean and refer to any DOCUMENT
marked, delivered, or otherwise transmitted by one PERSON to any other PERSON, anda
request for all “CORRESPONDENCE” shall mean and refer to any and all copies, as well as
originals, of each CORRESPONDENCE.

11. The words “SERVE” and “FILE” mean that a paper filed in a court is to be
accompanied by proof of prior service, in a manner permitted by law, of a copy of the paper on
counsel for each adverse party who is represented by separate counsel and on each party
appearing in PERSON.

12. The word “MEETING” shall mean and refer to any coincidence or presence of
or telephone conversations between PERSONS, whether such meeting was by chance,
prearranged, formal, informal or in connection with some other activity or not.

13. The phrase “POSSESSION, CUSTODY OR CONTROL” extends to any
DOCUMENT in the POSSESSION, CUSTODY OR CONTROL of YOU and/or YOUR
employees, servants, contractors, consultants, associates, REPRESENTATIVES, successors,
investigators or attorneys and‘or agents.

A DOCUMENT is decmed to be in YOUR POSSESSION, CUSTODY OR
CONTROL if it is in YOUR physical CUSTODY or if it is in the physical CUS'TODY of | any
other PERSON and YOU

a. own the DOCUMENT in whole or in part;

b. have aright by contract, statute or otherwise to use, inspect or examine or

copy such DOCUMENT on any terms;

6
DEF. BORG. WARNER CORPORATION'S REQUEST FOR No. CGC07 274029
PRODUCTION OF DOCUMEN?S TO PLAINTIFF, SET ONESew An &® wo

c. have an understanding, express or implied, that any of YOU may use, inspect,
examine or copy such DOCUMENT; or

4. as.apractical matter, have been able to use, inspect, examine or copy such
DOCUMENT when any of YOU have sought to do so.

14. The word “EVIDENCE,” or any variant thereof, when applied to the content of
any DOCUMENT, shall be understood to apply if the DOCUMENT. mentions, constitutes,
concems, refers or relates to (directly or indircetly), or in any other way deals with, the subject
matter described in the within demand.

15. The word “DEFENDANT” includes BORG- WARNER, or any related
corporate entity, division, subsidiary, affiliate or predecessor of BORG-WARNER.

II. SPECIFIC ITEMS OR CATEGORY. OF ITEMS
TO BE PRODUCED FOR INSPECTION

REQUEST FOR PRODUCTION NO. 1:
Any and all DOCUMENTS IDENTIFIED in YOUR responses to Interrogatory Nos. 7,

23, 39, 54 and 57 of BORG-WARNER’’s first set of specially prepared interrogatories to
PLAINTIFF.
REQUEST FOR PRODUCTION NO. 2:

Any and all DOCUMENTS which YOU contend support YOUR allegations that
PLAINTIFF was exposed to asbestos or asbestos-containing products at any of the job sites
listed in YOUR responses to BORG-WARNER?’s specially prepared Interrogatory Nos. 8, 24
and 40,

REQUEST FOR PRODUCTION NO. 3

Any and all DOCUMENTS which YOU contend support YOUR allegations that
PLAINLINE was exposed to asbestos or ashestos-containing products while performing,
assisting, or working in the vicinity of others who were performing any automobile, truck or
other vehicle repair or work from 1952 to the present.

REQUEST FOR PRODUCTION NO. 4:
Any and all DOCUMENTS which YOU contend support YOUR allegations that

1
DEF. BORG- WARNER CORPORATION'S REQUEST FOR No. CGC-07 274009
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONESoma am ew

PLAINTIFF was exposed to asbestos or asbestos-containing products at any job site from 1952

to the present.

REQUEST }OR PRODUCTION Ni
Any and all DOCUMENTS which YOU contend support YOUR allcgations that

PLAINTIFF was exposed to asbestos or asbestos-containing products at job or other sites, duc
fo the actions or omissions of BORG-WARNER fiom 1952 to the present.
REQUEST FOR PRODUCTION NO. 6

Any and all photographs, diagrams, drawings, plans or other depictions in YOUR

POSSESSION, CUSTODY OR CONTROL or prepared by YOU with regard to any and all
job or employment or other sites at which YOU contend that PLAINTIFF was exposed to
asbestos or asbestos-containing products due to the actions or omissions of BORG-WARNER.
REQUEST FOR PRODUCTION NO. 7:

Any and all TRANSCRIPTS identified in PLAINTIFF'S response to Interrogatory
No. 66 of BORG-WARNER’s first set of specially prepared interrogatories to PLAINTIFF.
REQUEST FOR PRODUCTION NO. 8

Any and alt TRANSCRIPTS which YOU contend support YOUR allegations that
PLAINTIFF was exposed to asbestos or asbestos-containing products on any of the job sites
listed in PLAINTIFF'S responses to BORG-WARNER’s specially prepared Interrogatory
Nos. 8, 24 and 40.

REQUEST FOR PRODUCTION NO. 9:

Any and all TRANSCRIPTS which YOU contend support YOUR allegations that
PLAINTIFF was exposed to asbestos ot asbestos-containing products while performing,
assisting or working in the vicinity of others who were performing any automobile, track or
other vehicle repair work from 1952 to present.

REQUEST FOR PRODUCTION NO. 10:

Any and ali TRANSCRIPTS which YOU contend support YOUR allegations that
PLAINTIFF was exposed to asbestos or asbestos-containing products at any job site from 1952
to present.

8

DEF. BORG-WARNER CORPORATION'S REQUEST FOR No: CGC07 274029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONEREQUEST FOR PRODUCTION NO. U1
Any and all DECLARATIONS identified in PLAINTIFF'S response to Interrogatory
No. 67 of BORG-WARNER’s lirst set of specially prepared interrogatories to PLAINTIFF.
REQUEST FOR PRODUCTION NO, 12:
Any and all DECLARATIONS which YOU contend support YOUR allegations that

PLAINTIFF was exposed lo asbestos or asbestos-containing products al any of the job sites
listed in PLAINTIEE’S responses to BORG- WARNER? specially prepared Interrogatory
Nos. 8, 24 and 40,

REQUEST FOR PRODUCTION NO. 13:

Any and all DECLARATIONS which YOU contend support YOUR allegations that
PLAINTIFF was exposed to asbestos or asbestos-containing products while performing,
assisting, or working in the vicinity of others who were performing any automobile, truck or
other vehicle repair or work from 1952 to the present.

REQUEST FOR PRODUCTION NO. 14:

Any and all DECLARATIONS which YOU contend support YOUR allegations that
PLAINTIFF was exposed to asbestos or asbestos-containing products at any job site from 1952
to the present.

REQUEST FOR PRODUCTION NO. 15:

Any and all DECLARATIONS which YOU contend support YOUR allegations that

PLAINTIFF was exposed to asbestos or asbestos-containing products at any job or other sites,

due to the actions or omissions of BORG-WARNER from 1952 to the present.

a7702

9

DEF, BORG- WARNER CORPORATION'S REQUEST FOR No. CGC07 FAT
PRODUCTION OF DOCUMENTS TO PLAINTIFE, SET ONERe: Charles/Deborah Boudreaux v. Advocate Mines, Ltd., et al.
Court San Francisco Superior
Action No: CGC-07-247029

PROOF OF SERVICE OF ELECTRONIC SERVICE

I, declare that | am over the age of 18, not a party to the above-entitled action, and am an
employce of Burnham Brown whose business address is 1901 [farrison Street, 11° Floor,
Oakland, Alameda County, California 94612 (mailing address: Post Office Box 119, Oakland,
California 94604),

On the date executed below, I electronically served the document(s) via LexisNexis File
& Serve described as:

DEFENDANT BORG-WARNER CORPORATION'S REQUEST FOR PRODUCTION OF
DOCUMENTS TO PLAINTIFF, SET ONE

on recipients designated on the Transaction Receipt located on the LexisNexis File & Serve
website.

1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

DATED: — May 8, 2007 [wie Go CBpna 5?

Loretta N. Demapeles

PROOF OF SERVICE BY E-SERVICE CGC-07-274029EXHIBIT ERobert J. Lyman, State Bar No, 085240
Walter C. Rundin, State Bar No. 072475
Jeffrey 8. Gillespie, State Bar No. 192495
BURNHAM BROWN

A Professional Law Corporation

P.O. Box 119

Oaktand, California 94604

1901 Harrison Street, 11th "oor
Oakiand, California 94612
Telephone: (510) 444-6800
Facsimile: (510) 835-6866

Attorneys for Defendant
BORG-WARNER CORPORATION by its successor-in-
interest BorgWamer Morse TEC Inc., incorrectly identified as
BorgWarner Ine.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO.

UNLIMITED JURISDICTION
CHARLES BOUDREAUX and DEBORAH No. CGC-07-274029
BOUDREAUX,
DEFENDANT BORG-WARNER
Plaintiffs, CORPORATION’S REQUEST FOR
PRODUCTION OF DOCUMENTS TO
v. PLAINTIFF, SET TWO
ADVOCATE MINES, LTD, et al., Complaint Filed: January 12, 2007
Defendants.

PROPOUNDING PARTY: Defendant BORG-WARNER CORPORATION

RESPONDING PARTY: _ Plaintiff CHARLES BOUDREAUX

SET NO. Two (2)

TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
PLEASE TAKE NOVICE that Defendant BORG- WARNER CORPORATION (“BORG-

WARNER”) demands, pursuant o California Civil Procedure Code section 2031.010, that at

10:00 a.m,, on June 12, 2007, at the law offices of Bumham Brown, 1901 Hartison, 11th Floor,

Oakland, California 94612 (mailing address: Post Office Box 119, Oakland, California 94604),

Plaintitf CHARLES BOUDREAUX produce for inspection and copying all items or category of

1
DEF. BORG- WARNER CORPORATION'S REQUEST FOR No. CGCO7 274029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE

Ae ghitems in his possession, custody or control pursuant to the instructions and definitions set forth in
Exhibit A, attached.

FURTHER, defendant BORG-WARNER demands that a writien response, identifying
each item or category of item being produced, be served within thirty (30) days from the date of
service of this demand.

DATED: May 2 2007 BURNIIAM BROWN

S. GILLESPIE
totheys for Defendant
BORG-WARNER CORPORATION by its
suecessor-in-interest BorgWamer Morse TEC
Inc., incorrectly identified as BorgWamer Inc.

2
DEF. BORG-WARNER CORPORATION'S REQUEST FOR No, CGC07 275029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONEEXHIBIT A
I. INSTRUCTIONS

1. A separate response to cach item or category of item is roquired which is

a. Your statement of compliance;

b. Your representation of inability to comply, or

©. Your objection.

2. Alf documents are to be produced either

a. As they are kept in the normal course of business, or

b. Organized and labeled to correspond with the categories in this demand.

3. Any representation of your inability to comply with a particular demand shail
specify whether such inability is because the item or category of item has never existed, has been
destroyed, lost, misplaced or stolen or has never been or is no longer in your possession, custody
or control.

Such statement shall further set forth the name and address of any natural person
or organization that you know or believe has possession, custody or control of that item or
category of item.

4, Ifyou object to the demand for inspection of any item or category of item, your
response shall

a, Mentify with particularity each document, tangible thing or real property to
which the objection is made, and

b. Set forth clearly the extent of and specific ground for the objection.

Where your objection is based on an asserted claim of privilege and/or that the
information sought is protected work product, state the particular privilege invoked.

I. DEFINITIONS
1 The words “YOU.” “YOUR,” “PLAINTIPLE™ shall mean and refer to

PLAINTIFF CHARLES BOUDREAUX, and shall include, where appropriate, his past or
present agents, REPRESENTATIVES, associates, attorneys, investigators and any other

persons acting on his behalf.

3
DEF BORG-WARNER CORPORATION'S REQUEST FOR No, CGC-07 274029,
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE2. The word “PLAINTIFF” shall mean and refer to PLAINTIFF CHARLES
BOUDREAUX and shall include, where appropriate, his past or present agents,
REPRESENTATIVES, associates, attorneys, investigators and any other persons acting on his
behalf.

3. The word “SHALL.” is mandatory and the word “MAY” is permissive.

4, ‘The word “PERSON” shall include both the singular and plural and shall mean
and refer to any natural person, firm, association, organization, partnership, business, trust,
corporation or public entity, or other group or combination of the foregoing acting as one.

5. The word “REPRESENTATIVE” shall be liberally construed and shall include
all agents, employees, officials, officers, executives, directors and owners.

6. The past, present and future tenses shail each include the other; the masculine,
feminine and neuter shall each include the other; and the singular and plural number shall each
inchide the other.

7. The word “DOCUMENT™” shall mean and refer to the original or a copy of all
writings as defined in California Evidence Code section 250, to wit:

Handwriting, typewriting, printing, photostatting, photographing, and every other

‘means of recording upon any tangible thing, any form of communication or

representation, including letters, words, pictures, sounds, or symbols, or
combinations thereof.

The term “DOCUMENT,” or any variant thereof, shall further include, but not be
limited to, all written, typed, printed, recorded, tape-recorded, transcribed, graphic or other
reproduced matter or memorialization in any form pertaining to or describing, referring or
relating to, directly or indirectly, in whole or in part, the matter thal is the subject of a particular
demand including, but not limited to, originals and copies of letters, notes, notebooks, minutes,
memoranda of telephone calls, correspondence, drafts, messages, telegrams, bank statements,
bank and savings passbooks, leatlets, books, files, records, memoranda, conference reports.
working papers, routing slips, diaries, calendars, appointment books, loghooks. time sheets,
proposals, quotations, memoranda of understanding, checks, cancelled checks, statements of

account, broker’s records or statements, ledgers, billings, billing registers, receipts, books of

4
DEF. HORG-WARKER CORPORATION'S REQUEST FOR No, CGC-07 274029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONEaccount, invoices, tape recordings, computer materials, working papers or memoranda, all

notations on the foregoing and all copies thereof, as well as each summary, table, graphic, chart,

compilation, report, study, tabulation, tally, diagram, drawing, map, illustration or statistical
analysis, by whomever prepared, now or formerly in YOUR actual or constructive possession,
custody or control, Where a DOCUMENT has been prepared in several copies, or where
additional copies have becn made that are not identical or are no longer identical by reason of
subsequent notation, highlighting or other modification of any kind whatsoever including, but
not limited to, notations on the back of pages thereto, each non-identical copy shall be
considered a separate document.

8. The word “IDENTIFY” when used with respect to a DOCUMENT means to
state the following for each DOCUMENT:

a. the nature and substance of the DOCUMENT with sufficient particularity to
enable the same to be precisely identified and recognized;

b, the date or approximate date on which the DOCUMENT was prepared;

c. the identity of each PERSON who wrote, signed, initialed, dictated, was
present or otherwise participated in the creation of such DOCUMENT;

4. the identity of each PERSON to whom the DOCUMENT or any copy of it
was sent or addressed;

e. the identity of each PERSON who has seen the DOCUMENT;

£. the identity of each PERSON having custody and/or control of the original
DOCUMENT or any copy thereof,

g. the identity of each DOCUMENT that refers to, discusses, analyzes or
comnients upon any privileged DOCUMENT, in whole or in part, or which contains any or all
of its contents; and

h. the identity of each privilege asserted (c.g., lawyer-client, protection for work
product, self-incrimination}, together with any statute which YOU contend supports YOUR
assertion of such privilege.

We

5
DEF. BORG-WARNER CORPORATION'S REQUEST FOR No. CGC-07 274029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE9. The word “COMMUNICATION” shall mean and refer to any means of
communicating, either in writing or by word of mouth, whether in PERSON, by mail, by
ielegraph, by telex, by telephone or by any other means. With respoct to each demand herein
relating to oral COMMUNICATION, the response to each such demand shall set forth whether
or not the oral COMMUNICATION was by telephone, or facc-te-face, and the names,
addresses, business positions and occupations of cach PERSON who participated in or was
present at the time of said COMMUNICATION.

10. The word “CORRESPONDENCE” shall mean and refer to any DOCUMENT
marked, delivered, or otherwise transmitted by one PERSON to any other PERSON, and a
request for all “CORRESPONDENCE” shall mean and refer to any and all copies, as well as
originals, of each CORRESPONDENCE.

Il. The words “SERVE” and “FILE” mean that a paper filed in a court is to be
accompanied by proof of prior service, in a manner permitted by law, of a copy of the paper on
counsel for each adverse party who is represented by separate counsel and on each party
appearing in PERSON.

12, The word “MEETING” shall mean and refer to any coincidence or presence of
or telephone conversations between PERSONS, whether such meeting was by chance,
prearranged, formal, informal or in connection with some other activity or not.

13. The phrase “POSSESSION, CUSTODY OR CONTROL” extends to any
DOCUMENT in the POSSESSION, CUSTODY OR CONTROL of YOU and/or YOUR
employees, servants, contractors, consultants, associates, REPRESENTATIVES, successors,
investigators of attorneys and/or agents.

A DOCUMENT is deemed to be in YOUR POSSESSTON, CUSTODY OR
CONTROL if it is in YOUR physical CUSTODY or if it is in the physical CUSTODY of any
other PERSON and YOU

a. own the DOCUMENT in whole or in part;

b. have a right by contract, statute or otherwise to use, inspect or examine or

copy stich DOCUMENT on any terms;

6
DEF. BORG-WARNER CORPORATION'S REQUEST FOR No. CGC-07 274027
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE.ee Aw ew ON

c. have an understanding, express or implied, that any of YOU may use, inspect,
examine or copy such DOCUMENT; or

d. asa practical matter, have been able to use, inspect, examine or copy such
DOCUMENT when any of YOU have sought to do so.

14. The word “EVIDENCE,” or any variant thereof, when applied to the content of
any DOCUMENT, shall be understood to apply if the DOCUMENT mentions, constitutes,
concems, refers or relates to (directly or indirectly), or in any otticr way deals with, the subject
matter described in the within demand.

15. The word “DEFENDANT™ includes BORG-WARNER, or any related
corporate entity, division, subsidiary, affiliate or predecessor of BORG-WARNER.

TI. SPECIFIC ITEMS OR CATEGORY OF ITEMS
TO BE PRODUCED FOR INSPECTION
REQUEST FOR PRODUCTION NO. 16:

Any and all! DOCUMENTS IDENTIFIED in YOUR responses to Interrogatory

Nos. 76, 80, 93, 95, 101, 105, 109, 114 and 118 of BORG-WARNER'S second set of specially

prepared interrogatories to PLAINTIFF.

787767

7

DEF. BORG-WARKER CORPORATION'S REQUEST FOR No. CGC07 274029
PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE.Re: Charles/Deborah Boudreaux v, Advocate Mines, Ltd., et al.
Court: San Francisco Superior
Action No: CGC-07-247029

PROOF OF SERVICE OF ELECTRONIC SERVICE

1, declare that I am over the age of 18, not a party to the above-entitled action, and am an
employee of Bumham Brown whose business address is 1901 Harrison Street, 11" Floor,
Oakland, Alameda County, California 94612 (mailing address: Post Office Box 119, Oakland,
California 94604),

On the date executed below, I electronically served the document(s) via LexisNexis File
& Serve described as:

DEFENDANT BORG-WARNER CORPORATION’S REQUEST FOR PRODUCTION OF
DOCUMENTS TO PLAINTIFF, SET TWO

on recipients designated on the Transaction Receipt located on the LexisNexis File & Serve
website.

Ideclare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

DATED: — May 8, 2007 / trl Gd ‘ Donrud

Lorkita N. Demapeles

PROOF OF SERVICE BY E-SERVICE. CGC-07-274029EXHIBIT Fee

© we aA we

John Langdoc, Esq, (SBN 235509)
BARON & BUDD, B.C,
3102 Oak Lawn Avenue, Suize 1100
Dallas, ‘Texas 75219

Telephone: 214/521-3605
Facsimile: 214/520-1181

Jun 2007
‘Ree

Carolin K, Shining, Esq. (SBN 201140)
Eric Brown, Esq. (SBN229622)
BARON & BUDD, P.C.
9465 Wilshire Blvd., Suite 460
Boverly ills, CA 90212
‘Telepione: 310/860-0476
Facsimile: 310/860-0480
Attorneys for Plaintiffs, CHARLES BOUDREAUX AND DEBORAH BOUDREAUX
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
CHARLES BOUDREAUX and Case No.: CGC-07-274029
DEBORAH BOUDREAUX, }
Plaintiffs, J
) PLAINTIFF'S CHARLES BOUDREAUX
vs. 7 RESPONSES TO DEFENDANT BORG-
) WARNER CORPORATION'S SPECIAL
ADVOCATE MINES, LTD,, et al, ) INTERROGATORIES, SET ONE
)
Defendants. )
ee )

PROPOUNDING PARTY: DEFENDANT, BORG-WARNER CORPORATION.

RESPONDING PARTY: PLAINTIFF, CHARLES BOUDREAUX

SET NUMBER: One (1)

-i- i CLITNACENSA OUTER RENN TON WANNA ROGET Od
‘LAMNRIA"S RESPONSES TO DFOUNANT BORG-WARNEN INTERROUA TORIES, ET OnsPRELIMINARY STATEMENT.

All of the responses contained herein are bused only upon such information and
documents which ate presently available to, and specifically known ts this responding party,
anc! disclose only those contentions whicl: presently occur to this responding party. It is
anticipated that further discovery, independent investigation, legal research and anelysis may
supply additional facts, add nicanring to the known facts, as well as establish entirely now.
factual conclusions and Jegal contentions, all of which may lead to substantial additions to,
changes in, and variations from the responies herein, All of the following responses are given
without prejudice to this responding party's right to produce evidence of any subsequently
discovered fact o¢ facts which this responding party may later obtain or recall.

Plaintiff reserves the right to change any and all responses as additional facts are
ascertained, analyses are made, and investigation and research are completed,

‘The responses contained herein are made in a good faith effort to supple as much
factual information and as much specification of legal contentions as is presently known, but
shail in no way lead to the prejudice of responding party in relation to further discovery,
rescarch, or analysis,

Each response herei

given subject to all appropriate objections, including, but not
limited to, objections concerning competency, relevancy, materiality, propriety and
admissibility, which would require the exclusion of any stalement contained herein if the
questions were asked of, ot any statement contained herein was made by, a witness present and
testifying in court, Such objections and grounds are therefore reserved and may be interposed.
at the time of triat,

Except for facts explicitly admitted herein, no admission of any nature whatsoever is to
bbe implied or inferred, The fact that any question herein has becn answered should not be
taken as an admission or a concession of the existence of any facis set forth or assumed by such
questions, or that such answers constitute evidence of any fact thus set forth or assumed. The
fact that documents are referred to does not constitute an admission or representation regarding
the authenticity, admissibility or nature of any documents and Plaintiff expressly reserves the
right fo object to the introduction of any documents during any trial on all applicable grounds.

2 S\CiBcEwam ERC ONEOCR STOO HAMNER HISTO
‘PUAINTIFPS RESPONSES 7O DEFENDANT BORG.lWAKNER INTERROGATORIES, rt ONERow ow os

(TIF? s TO)
SPECIAL INTERROGATORY NO, 1:

D0 YOU contend that YOU were oxposed to asbestos-containing products
manufactured by BORG-WARNER?
ANSWER:

Yes.

SPECIAL INTERROGATORY NO, 2:

‘To what asbestos-containing products manufactured by BORG-WARNER do YOU
allege YOU were exposed?
ANSWER:

Plaintiff objects to this Interrogatory because it is overly broad, unduly burdensome,
ambiguous, duplicative and not limited in time or scope, Plaintiff further objects to the extent
that Defendant seeks information in their possession, care and custody which is not in the
possession, care and custody of Plaintiff. Subject to and without waiving Plaintiff's objections,
Plaintiff refers Defendant to Plaintiff's Responses to Standard Interrogatoties with attachment
thereto served on January 18, 2007. Also sce Plaintiff's Responses to Defendant's Standard
Interrogatories(Friction Case) to Plaintiff served on January 18, 2007, Discovery is ongoing
and Plaintiff reserves the right to supplement this response. See Preliminary Statement.
SPECIAL INTERROGATORY NO. 3:

Do YOU allege YOU were exposed to asbestos-containing brake products
manuaetured by BORG- WARNER?

ANSWER:
Yes.
SPECIAL INTERROGATORY NO. 4:
Do YOU allege YOU were exposed to asbestos-containing clutch products
manufactured by BORG-WARNER?
ANSWER:
Yes.

SPECIAL INERROGATORY NO. 5:

If YOU contend that YOU were exposed to asbestos-containing products manufactured
by BORG-WARNER, please state for cach product each faet that supports YOUR contention.
ANSWI

Plaintiff objects to this Inrezrogatory becanse it is overly broad, unduly burdensome,
ambignous, duplicative and not fimited in time or scope. Plaintiff further objects to the extent
that Defendant seeks information in their possession, care and custody which is not in the

-3- 28 Chita CORSO ISTO 20 WARMER ROS AT OMe

TAINTITS KESHONSES TO DEFENDANT SORG-WARNER INTERROGATORIS, SET ONE.possession, care and custody of Plaintiff: Subject to and without waiving Plaintiff's objections,
Plaintiff rofers Defendant to Plaintiff's Responses to Standard Interrogatories with attachment
thereto served on January 18, 2007. Also see Piaintiff’s Responses to Defendant’s Standard
Interrogatories(Friction Case) to Pisintiff served on January 18, 2007. See Plaintif?’s
depositions to be taken in this case. .

Asa direct result of Friction Defendant's actions, omissions and negligence, plantifl
contracted an asbestos-related disease, Hriction Defendants knew, or should have known,
plaintiff would be at such risk for developing such diseases, Friction Defendants's conduct
subjected plaintiff, and others like him, to crnel and unjust hardships in conscious disregard for
the rights and safety of such persons. Friction Defendants knew, or should have known, of the
likelihood of such consequences and consciously disregarded such likely outcomes. Friction
Defendants should have avoided such dangerous consequences but willfully and deliberately
failed to do so,

Friction Defendants acted with malice, fraud and oppression in its conduct with regard
to ils continued sale, supply, installation and distribution of asbestos-containing products.
Despite its knowledge of the extraordinary health hazards associated with asbestos exposure,
Friction Defendants continued to sell, supply, and distribute such products without warnings or
propér precautionary instructions, for decades after such knowledge was first known by it. For
a summary of the information available to defendant throngh the medical and scientific
literature, please see Barry 1. Castleman's textbook Asbestos: Medical and Legal Aspects.

At relevant times and places, propounding defendant was subject to certain ordinances,
statutes, and other government regulations promulgated by the United States Government, the
State of California, and other, including but not limited to: General Industry Safety Orders
promulgated pursuant to California Labor Code '6400 and the California Administrative Code
uncler the Division of Indusirial Safety, Department of Industrial Relations, including but not
Timifed to Title VII, Group 9 (Control of Hazardous Substances), Article 81, Section 4150,
4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic
substances under Appendix A, Table 1 of said Safety Orders; Califomia Health and Safety
Code Section 40.200, et seq., which empowers the Southern California Area Air Quality
‘Management District to promulgate regulations including but not limited to 8.C.A.Q.D
Regulation 11, Rules 2 and 14, Title 40 Code of Federal Regulations, Chapter 1, Part 61, ct
seq.; and The National Emission Standards for Hazardous Air Pollutants, which required
propounding defendant to provide specilic safeguards or precautions lo preveut or reduce tho

4. NeuaMsMcsONeNIE CONES TOKE ANAER OOS NET Ek
PPLAINTIFP'S RESPONSUS TO DE¥ENDANT BORS-WARNER INTERROGATORIES, SET ONEinhalation of asbestos dust and other toxic fumes or substances; and said defendant failed to
provide the required safeguards and precautions, or contractors employed by the defendant
lailed to provide the required safeguards and precautions.

Individuals with knowledge of such facts include Dr. Barry Casileman and Dr, Richard
Lemen. Plaintiff have many trial exhibits that are available for review at PlaintifI’s couinsel’s
office at a mutually agreeable time.

Documents supporting plaintiff's claims against Friction Defendants include plaintiff's
responses 1o General Order 129 discovery, Plaintiff's medical and employment records, and all
deposition testimony in this case. Friction Defendants further are referred to its responses to
General Order discovery and documents responsive thereto, including but not Jimited to
responsive deposition transcripts, contracts, brochures, and internal memoranda. Discovery is
ongoing and Plaintiff reserves the right to supplement this response. See Preliminary
‘Statement.

JAL INTERR. RY
cach fact that supports YOUR contention that YOU were exposed to asbestos-
containing products manufactured by BORG-WARNER, for each product please identify by
name, ADDRESS who corroborates that fact
ANSWER:

Plaintiff objects to this Interrogatory because it is overly broad, unduly burdensome,
ambiguous, duplicative and not limited in time or scope. Plaintiff further objects to the extent
that Defendant seeks information in their possession, care and custody which is not in the
possession, care and custody of Plaintiff. Subject to and without waiving Plaintiff's objections,
Plaintiff refers Defendant to Plaintiff's Responses to Standard Interrogatories with attachment
thereto served on January 18, 2007. Also see Plaintifi’s Responses to Defendant's Standard
Interrogatories(Friction Case) to Plaintiif served on January 18, 2007. Plaintiff will file a
Witness List at a later date. Discovery is ongoing and Plaintiff reserves the right to supplement
this response. See Preliminary Statement.

SPECIAL INTERROGATORY NO. 7:

For each fact which supports YOUR contention that YOU were exposed fo ashestos-
containing products mamufactured by BORG- WARNER, for cach product please identity by
dato, subject matter, author and addressee, cach DOCUMENT which supports that fact.
ANSWER;

Plaintiff objects to this Interrogatory hecause it is overly broad, unduly burdensome,
ambiguous, duplicative and not limited in time or scope. Subject to and without waiving
Plaintiff's objections, Plaintiff refers Defendant to Plaintifi’s Responses to Standard
Interrogatories with attachment thereto served on January 18, 2007. Also see Plaintiff's

5: _n.nuunvenocoun concen OOS ont
-PLAINTIEPS RESTONSES TO TERN ANF HORG.WARNER INTERROGATORIES AFT ONTResponses to Defendant's Standard Interrogatories(Friction Case) to Plaintiff served on
Jannary 18, 2007. Discovery is ongoing and Plaintiff reserves the right 1o supplement this
response, See Preliminary Ststement,
SPECIAL INTERROGATORY NO. 8:

If YOU contend that YOU were exposed to asbestos-containing products manufactured
by BORG-WARNER, for each product please identify by name and ADDRESS each location
where YOU allege YOU were exposed.

ANSWER:

See Plaintiff's Response to Interrogatory aumiber 7.
SPECIAL INTERROGATORY NO. 9:

Please state the manner in which YOU were allegedly exposed to each asbestos-
containing product manufactured by BORG-WARNER at each of the locations at which YOU
claim such exposure occurred.

ANSWER

Plaintiff objects to this Interrogatory because itis overly broad, unduly burdeasome,
ambiguous, duplicative and not limited in time or scope. Plaintiff further objects to the extent
that Defendant seeks information in their possession, cate and custody which is not in the
possession, care and custody of Plaintiff, Subject to and without waiving Plaintiff's objections,
Plaintiff refers Defendant to Plaintiff's Responses to Standard Interrogatories with zttachment
thereto served on January 18, 2007. Also see Plaintiff's Responses to Defendant’s Standard
Interrogatories(Friction Case} to Plaintiff served on January 18, 2007. Discovery is ongoing
and Plaintiff reserves the right to supplement this response, See Preliminary Statement.

}:CIAL INTERROGATORY NO. 10:

For each location where YOU allege YOU were exposed to asbestos-containing
products manufactured by BORG- WARNER, please specify for cach product whether the
exposure was to products being insialled.

ANSWER:

Plaintiff objects to this Interrogatory because itis overly broad, unduly burdensome,
ambiguous, duplicative and not limited in time or scope, Subject to and without waiving
Plaintiff's objections, Plaintiff refers Defendant to Plaintiff's Responses to Standard
Interrogalories with attachment thereto served on January 18,2007. Also see Plaintiff's
Responses to Defendant's Sumndard tnterrogatories(Friction Case) to Plaintiff served oa
Janvary 18,2007. Discovery is ongoing and Plaintiff reserves the right to supplement this
response, Soe Preliminary §

6 Neurone COCR SSAC HNINENNIEET Sot

3ES TO DEPENDANT BORGAARHLXINTURROGATORIES. SE¥ ONE

PLANTS RES!SPECIAL INTERROGATORY N'

For cach location where YOU allege YOU were exposed to asbestos-containing
products manufactured by BORG-WARNER being installod, please identify for each product
the type and make of all vehicles on which said products were being instafled.

ANSWER:

Plaintiff objects to this interrogatory because itis overly broad, unduly burdensome,
ambiguous, duplicative and not limited in time or scope. Plaintiff further objects to the extent
that Defendant seeks information in their possession, care and custody which is not in the
possession, care and custody of Plaintiff, Subject to and without waiving Plaintiffs objections
Plaintiff refers Defendant to Plaintiff's Responses to Standard Interrogatories with attachment
thereto served on Jenuary 18, 2007. Also see Plaintiff's Responses to Defendant’s Standard
Interrogatories(Priction Case) to Plaintiff served on Janvary' 18, 2007. Discovery is ongoing
and Plaintiff reserves the right to supplement this response, See Preliminary Statement.
SPECIAL INTERROGATORY NO. 12:

For cach location where YOU allege that YOU were exposed fo asbestos-containing
products manufactured by BORG-WARNER during installation, please describe, by type, the
specific asbestos-containing product manufactured by BORG- WARNER to which YOU
contend YOU were exposed.

ANSWER:

Plaintiff objects to this Interrogatory because it is overly broad, unduly burdensome,
ambiguous, duplicative and not limited in time or scope. Plaintiff further objects to the extent
that Defendant soeks information in their possession, care and custody which is not in the
possession, care and custody of Plaintiff. Subject to and without waiving Plaintiff's objections,
Plaintiff refers Defendant to Plaintiff's Responses to Standard Interrogatories with attachment
thereto served on January 18, 2007. Also sec Plaintiff's Responses to Defendant’s Standard
Interrogatories(Friction Case) to Plaintiff served on January 18, 2007. Discovery is ongoing
ancl Plaintiff reserves the right to supplement this response, See Preliminary Statement.
SPECIAL INTERROGATORY NO, 13:

For cach location where YOU aliege YOU were exposed to ashestos-containing
products manufactured by BORG-WARNER, please speeify for each product whether the
exposure was to products being removed,

ANSWER:

Plaintiff objects to this Interrogatory because it is overly broad, unduly burdensome,
ambiguons, duplicative and not limited in time or scope, Plaintiff further objects to the extent
‘that Defendant seeks informetion in their possession, care and custo:

y which is not in the
possession, care and custody of Plaintiff. Subject to and without waiving Plaintiff's objections,

7 ryemnamanvonen kbs REP TSEERG WARNER NS HT Oo
‘PLAINTIFF'S RESPONSES TO DEFESDANT RORG:WARMUR INTERROGATORIES, SET ONEPlaintiff refers Defendant to Plaintifi’s Responses to Standard Interrogatories with attachment
thereto served on January 18,2007. Also sce Plaintiff's Responses to Defendant’s Standard
Interrogatories(L'riction Case} to Plaintiff served on Jamuary 18, 2007. Discovery is ongoing
and Plaintiff reserves the right to supplement this response, See Preliminary Statement.
SPECIAL INTERROGATORY NO,

For each location where YOU allege YOU were exposed to asbestos-coniaining
products manufactured by BORG-WARNER being removed, please identify for each product
the type and make of all vehicles from which said products were being removed,

ANSWE,

Plaintiff objects to this Interrogatory because it is overly broad, mduly burdensome,
ambiguous, duplicative and not limited in time or scope. Plaintiff further objects to the extent
that Defendant seeks information in their possession, care and custody which is not in the
possession, care and custody of Plaintiff. Subject to and without waiving Plaintiff's objections,
Plaintiff refers Defendant to Plaintiff's Responses to Standard Interrogatories with attachment
thereto served on January 18,2007. Also see Plaintiff's Responses to Defendant’s Standard
Interrogatories(Friction Case) to Plaintiff served on January 18, 2007. Discovery is ongoing
and Plaintiff reserves the right to supplement this response, See Preliminary Statement.
SPECIAL INTERROGATORY.

For each location where YOU allege that YOU were exposed to asbestos-containing
products manufactured by BORG-WARNER during removal, please describe, by type, the
specific asbestos-containing product manufactured by BORG-WARNER to which YOU
contend YOU were exposed.

ANSWER:

Plaintiff objects to this Interrogatory because itis overly broad, unduly burdensome,
ambiguous, duplicative and not limited in time or scope. Plaintiff farther objects to the extent
that Defendant seeks information in their possession, care and custody which is not in the
possession, care and custody of Plaintiff, Subject to and without waiving Plaintiff's objections,
Plaintiff refers Defendant to Plaintiff's Responses to Standard Interrogatories with attachment
thereto served on Jenvary 18,2007. Also see Plaintiff's Responses to Defendant's Standard
Tnterrogatories(Friction Case) to Plaintiff served on January 18, 2007. Discovery is ongoing
and Plaintiif reserves the right to supplement this response. See Preliminary Statement,
SPECIAL ROGA

For cach location where YOU allege YOU were exgosed to asbestos-containing
products manufactured by BORG- WARNER, please identity by name and ADDRESS, each
supplier from whom each of the ssbestos-containing products manufactured by
BORG-WARNER was obtained.

8. Meteo CoRR RESO NSA AMNER ROE SERENE at
PLAWSTIN-S HESONSES 10 DLVERNDANT UORG-WARNIN INTERROUATORING, SEE ONEANSWER:

Plaintiff objects to this Interrogatory because itis overly broad, unduly burdensome,
ambiguous, duplicative and not limited in time or scope. Plaintiff further objects to the extent
that Defendant seeks information in their possession, care and custody which is not in the
possession, care and custody of Plaintiff. Subject to and without waiving Plaintiff's objections,
discovery is ongoing and Plaintiff reserves the right to supplement this response, See
Preliminary Statement.

SPECIAL INTERROGATORY NO, 17:

Do YOU contend that YOU were exposed to asbestos-containing products sold by
BORG-WARNER?

ANSWER:
Yes.

SPECIAL INTERROGATORY NO. }

To what asbestos-containing products sold by BORG- WARNER do YO