NCD980602163_19840925_Warren County PCB Landfill_SERB C_U.S. and NC v Robert E. Ward, Jr. and Ward Transformer Co., Inc.-OCR

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'\ ,~ UNITED STATES DI~TRlCT COURT f
EASTERN DISTRICT OF NORTH CAROLINA i
RALEIGH DIVISION
No. 83-63-CIV-5
UNITED STATES OF AMERICA, )
Plaintiff )
)
and )
)
STATE OF NORTH CAROLINA, upon )
the relation of RUFUS L. )
EDMISTEN, Attorney General, and )
HEMAN CLARK, Secretary of the )
North Carolina Department of )
Crime Control and Public Safety, )
Plaintiff-Intervenor )
)
V. )
)
ROBERT EARL WARD, JR. and )
WARD TRANSFORMER CO., INC. )
Defendants )
,, )
V • )
)
NORRY ELECTRIC CORPORATION )
and LIBERTY MOTOR AND MACHINERY )
co. , )
Third-Party Defendants )
LIBERTY MOTOR AND MACHINERY
CO. 'S FIRST INTERROGATORIES
AND FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS TO
PLAINTIFFS AND DEFENDANTS
Third-Party Defendant, Liberty Motor and Machinery
Co., pursuant to Rules 33 and 34 of the Federal Rules of
Civil Procedure and Local Rule 24, submits the following
interrogatories and requests for production of documents
to Plaintiff, United States of America, Plaintiff-Intervenor,
State of North Carolina, and Defendants, Robert Earl Ward,
Jr. (Ward) and Ward Transformer Co., Inc. (WTC).
Responses should be supplied in the spaces provided
after each question. Should additional space be required,
please attach additional pages. Each question is continuin g
in nature and requires supplementation if additional information
is obtained between the time the answers are served and the
trial of this action.
Documents requested herein shall be made available
for inspection or copying at the office of Bailey, Dixon,
Wooten, McDonald & Fountain, 10th Floor, Wake County Office
Building, 336 Fayetteville Street Mall, Raleigh, North Carolina
on October 25, 1984 at 10:00 a.m. or at such other time and
place as may be mutually agreed upon by counsel.
INTERROGATORIES
1. Identify each person providing answers to
these interrogatories including full name, current business
address, telephone number, title and job description.
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2. State ~hether any samples have been taken
or analyses performed from 1978 to the present upon oil or
oil residue from any of the transformers, tanks, trailers,
barrels or other equipment located on WTC's premises.
3. If the response to Interrogatory No. 2 is
in the affirmative, state:
(a) The full name, business address, telephone
number, title and job description of all persons
conducting the sampling or performing the
analyses described in Interrogatory No. 2.
(b) The dates and locations of the samplings and
analyses.
(c) List the full titles, authors, dates, present
location and custodians of all reports, studies,
records or documents containing the results
of the samplings or analyses.
,,
4. With respect to transformers and other electrical
equipment located on WTC's premises at any time during 1978
containing PCBs and owned by Ward, WTC or any other entity
except the Third-Party Defendants:
(a) For each transformer or piece of equipment,
list the owner's full name and address, serial
number, manufacturer, WTC card number or other
designation used by WTC to identify the trans-
former or equipment, and the PCB oil capacity
in gallons.
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(b) For the transformers and equipment listed
in response to (a), state when each arrived
at WTC, the prev ious owners including full
names and addresses, and whether or not the
transformers or equipment are presently located
at WTC.
(c) For each transformer or piece of equipment
not presently located at WTC, state:
(1) When the transformer or equipment left
WTC.
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(2) The destination of the transformer or
equipment including the full name and
address of persons, firms or corporations
receiving the transformer or equipment.
(3) Full names and addresses of persons,
firms or corporations transporting the
transformers or equipment from WTC to
the destinations described in (2) above.
5. State whether any state or federal government
agency or entity or non-governmental person, agency or entity
prepared reports, studies, records or documents describing
the location of the PCB spill sites involved in the criminal
convictions of Ward referenced in the Complaint, First Amended
Complaint and Complaint in Intervention.
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6. If the response to Interrogatory No. 5 is
in the affirmative, for each report, study, record or document,
state the full title, the agency or entity preparing it,
the full name and address of the entity having custody of
it, and the full name, business address, telephone number,
title and job description of the authors.
7. State whether any state or federal government
agency or entity or non-governmental person, agency or entity
prepared reports, studies, records or documents describing
the location of PCB spill sites purportedly the responsibility
of Ward and WTC but not involved in the criminal convictions
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of Ward referenced in the Complaint, First Amended Complaint
and Complaint in Intervention.
8. If the response to Interrogatory No. 7 is
in the affirmative, for each report, study, record or document,
state the full title, the agency or entity preparing it,
the full name and address of the entity having custody of
it, and the full name, business address, telephone number,
title and job description of the authors.
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9. State the full name, business address, telephone
number, title and job description of all persons who investi-
gated the unlawful dumping of PCBs referenced in the Complaint,
First Amended Complaint and the Complaint in Intervention.
10. Identify all reports, studies, records or
documents prepared by the persons described in the response
to Interrogatory No. 9, including the full name and address
of the entity having custody of it.
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REQUEST FOR PRODUCTION OF DOCUMENTS
1. All reports, studies, records or documents
listed in the response to Interrogatory No. 3(c).
2. All records or other documents identifying
the transformers and other electrical equipment listed in
response to Interrogatory No. 4(a).
3. All records or other documents indicating
the disposition or present location of transformers and other
electrical equipment listed in response to Interrogatory
.•.
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No . 4 (a) •
4. All records or other documents indicating
transformers and other electrical equipment presently located
at WTC.
5. All reports, studies, records or documents
listed in response to Interrogatory No. 6.
6. All reports, studies, records or documents
listed in response to Interrogatory No. 8.
')j . ' .....
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7.
listed
All reports, studies, records or dpcuments
·. f"''fll.ro,\
in response to Interrogatory No. 10 orAoy any other
person resulting from the investigation or investigations
of the unlawful dumping of PCBs.
This the 25th day of September, 1984.
BAILEY, DIXON, WOOTEN,
McDONALD & FOUNTAIN
('' f BY: . V'..I
Ralp McDonald \
f ~~½~~ BY: &t-½r---f\~),A1 1~
Carson Carmichael, [III
Attorneys For Liberty Motor
and Machinery Co.
Post Office Box 2246
Raleigh, North Carolina 27602
Telephone: [phone]
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CERTIFICATE OF SERVICE
I certify that I have this date served copies of
the foregoing Interrogatories and Request For Production
of Documents upon the attorneys of record for all parties
by delivering copies thereof and leaving said copies at said
attorneys' offices with a partner or employee.
This the 25th day of September, 1984.
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