SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X NANCY A. DEANE, Individually, and as Personal Representative for the Estate of SYDNEY P. DEANE, -against- Plaintiffs, AERCO INTERNATIONAL, INC., AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., ALFA LAVAL, INC., ARMSTRONG INTERNATIONAL, INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS INC., BLACKMER, BMCE INC., f/k/a UNITED CENTRIFUGAL PUMP, BORG-WARNER MORSE TEC LLC, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CINCINNATI VALVE COMPANY, individually and as successor to LUNKENHEIMER VALVES, CLARK-RELIANCE, individually and as successor to JERGUSON, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., CONVAL, INC., individually, and as successor to LUNKENHEIMER VALVES, CROWN CORK & SEAL USA, INC., individually, and as successor in interest to MUNDET CORK CORPORATION, CUMMINS, INC., DAP, INC., DURO DYNE CORPORATION, EATON CORPORATION, as successor in interest to CUTLER-HAMMER, INC., ELECTROLUX HOME PRODUCTS, INC., individually, and as successor to TAPPAN and COPES-VULCAN, ELLIOT TURBOMACHINERY CO., FAIRBANKS COMPANY (THE), individually, and as successor to FAIRBANKS VALVES, FLOWSERVE US, INC., solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION, individually, Index No.: 190284/2015 Date Filed: August 7, 2017 Plaintiffs Designates NEW YORK County as the Place of Trial The Basis of Venue is Defendants Place of Business FOURTH AMENDED SUMMONS 1 of 28
and as successor to CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY, and PEERLESS PUMP COMPANY, FORT KENT HOLDINGS, INC., f/k/a DUNHAM-BUSH, INC., FOSTER WHEELER, L.L.C., FULTON BOILER WORKS, INC., G.G. OF FLORIDA, INC. f/k/a HIGBEE, INC., GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC, GOULD ELECTRONICS, INC., GOULDS PUMPS, INC., GREENE TWEED & COMPANY, INC., GRINNELL LLC, HIGBEE, INC., individually, and as successor to HIGBEE RUBBER CO. INC., and HIGBEE GASKETS AND SEALING PRODUCTS, INC., HOBART BROTHERS COMPANY, HOFFMAN-NEW YORKER, INC., HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, HOPEMAN BROTHERS, INC., IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, INGERSOLL RAND COMPANY, individually and as successor to TERRY STEAM TURBINE COMPANY, INC., ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT and HOFFMAN SPECIALTY, ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT, JOHN CRANE, INC., JOHNSON CONTROLS, INC., JR CLARKSON COMPANY (THE), successor by merger to KUNKLE INDUSTRIES, INC., KENNEDY VALVE MFG. CO. INC., LENNOX INDUSTRIES, INC., MINNESOTA MINING & MANUFACTURING COMPANY, a/k/a 3M COMPANY, MULTEK FLEXIBLE CIRCUITS, INC., as the successor to SHELDAHL, INC., NASH ENGINEERING COMPANY (THE), NEWDELL COMPANY (THE), an ERIKS COMPANY, as successor to SMITH VALVE, OWENS-ILLINOIS, INC., PALMETTO, INC., a wholly-owned Subsidiary of GREENE TWEED & COMPANY, INC., PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), PENTAIR VALVES & CONTROLS LLC, f/k/a KEYSTONE VALVES AND CONTROLS, INC., RILEY POWER, INC., 2 of 28
RHEEM MANUFACTURING COMPANY, ROBERTSHAW CONTROLS COMPANY, individually, and as successor to FULTON SYLPHON COMPANY, ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN-BRADLEY COMPANY, LLC, ROPER PUMP COMPANY, ROSS OPERATING VALVE COMPANY, d/b/a Ross Controls (MI Corp.), SCHNEIDER ELECTRIC USA, INC., formerly known as SQUARE D COMPANY, SEPCO CORPORATION, SHELDAHL, INC., SPIRAX SARCO, INC., individually and as successor to SARCO COMPANY, TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., individually, and as successor to FARRIS ENGINEERING, TRANE U.S. INC., f/k/a AMERICAN STANDARD INC., UNION CARBIDE CORPORATION, UNION PUMP COMPANY, VELAN VALVE CORPORATION, VIKING PUMP, INC., WALWORTH TWC, WARREN PUMPS LLC, individually, and as successor to THE QUIMBY PUMP COMPANY, WHIRLPOOL CORPORATION, individually and as successor to ROPER HOME APPLIANCES, YORK INTERNATIONAL CORPORATION, ZURN INDUSTRIES, INC., individually, and as successor to ERIE CITY IRON WORKS, Defendants. -----------------------------------------------------------------------------X To the above named Defendant(s) You are hereby summoned to answer the fourth amended verified complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, August 7, 2017 New York, New York Defendant's address: /S/ Daniel Wasserberg Daniel Wasserberg MEIROWITZ & WASSERBERG, LLP SEE ATTACHED DEFENDANTS RIDER 233 Broadway, Suite 950 New York, New York 10279 (212) 897-1988 3 of 28
DEFENDANTS' RIDER Arthur Bromberg, Esq. MARSHALL, DENNEHY, WARNER, COLEMAN & GOGGIN 425 Eagle Rock Ave Suite 302 Roseland, NJ 07068 (973) 618-4166 Fax: (973) 618-0685 Email: ADBROMBERG@MDWCG.COM Attorney For Defendant: AERCO INTERNATIONAL, INC. John Howarth, Esq. WILBRAHAM, LAWLER & BUBA 1818 Market Street Suite 3100 Philadelphia, PA 19103 (215) 564-4141 Fax:(215) 564-4385 E-Mail: jhowarth@wlbdeflaw.com AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC. Christopher Hannan,, Esq., KELLEY, JASONS, MCGOWAN, SPINELLI & HANNA, LLP Two Liberty Place, Suite 1900 50 South 16th Street Philadelphia, PA 19102 (212) 344-7400 Fax:(212) 344-7402 Email: channan@kjmsh.com ALFA LAVAL INC., INDIVIDUALLY AND AS SUCCESSOR TO SHARPLES, INC., ALFA LAVAL SEPARATION, INC.; AND DE LAVAL SEPARATOR COMPANY; A NEW JERSEY CORPORATION FMC CORPORATION, And as successor to CROSBY VALVE, INC., on behalf of its former CHICAGO PUMP CO.; and NORTHERN PUMP COMPANY; and and PEERLESS PUMP COMPANY SCHNEIDER ELECTRIC f/k/a SQUARE D Jennifer Darger, Esq. Judy Yavitz, Esq. Jessica J. Beauvais, Esq. DARGER ERRANTE YAVITZ & BLAU LLP 116 East 27th Street 12th Floor New York, NY 10016 (212) 452-5300 Fax:(212) 452-5301 Email: jdarger@deybllp.com; jyavitz@deybllp.com; jbeauvais@deybllp.com HOBART BROTHERS COMPANY HOPEMAN BROTHERS, INC. LENNOX INDUSTRIES, INC. UNION CARBIDE CORPORATION GOULD ELECTRONICS, INC. SEPCO CORPORATION Cindy Antonucci Esq. HARRIS BEACH, LLP 100 Wall Street New York, NY 10005 (212) 687-0100 Fax: (212) 687-0659 Email: cantonucci@harrisbeach.com; lasoben1@aol.com Attorney For Defendant: ARMSTRONG INTERNATIONAL, INC. Kerryann Cook, Esq. Lee Schneider, Esq. Chauvron Leotaud MCGIVNEY AND KLUGER 80 Broad Street, 23rd Floor New York, NY 10004 (212) 509-3456 Fax:(212) 509-4420 Email:KCOOK@MKLAW.US.COM LSCHNEIDER@MKLAW.US.COM; cleotaud@mklaw.us.com ATWOOD & MORRILL COMPANY DAP, INC. DURO DYNECORPORATION FAIRBANKS COMPANY (THE) G.G. OF FLORIDA, INC. f/k/a HIGBEE HIGBEE, INC., individually and as successor to HIGBEE RUBBER CO. INC., and HIGBEE GASKETS AND SEALING PRODUCTS, INC., NASH ENGINEERING COMPANY (THE) ZURN INDUSTRIES, LLC Chris Gannon, Esq. Kimberly Reiter Steven Rosenblatt, Esq. Theodore Eder, Esq. SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue Suite 1100 New York, NY 10022 (212) 651-7500 Fax:(212) 651-7499 Email: cgannon@smsm.com; kreiter@smsm.com Lfoster@smsm.com; SROSENBLATT@SMSM.COM; teder@smsm.com; mgorman@smsm.com AURORA PUMP COMPANY BW/IP, INC. AND ITS WHOLLY OWNED BYRON JACKSON PUMPS CUMMINS, INC. GARDNER DENVER, INC. GREENE TWEED & COMPANY, INC., PALMETTO, INC., a holly-owned Subsidiary of GREENE TWEED & COMPANY, INC. Arthur G. Lash Esq. Steven Weiner Esq. Casey Chamra, Esq. O'TOOLE FERNANDEZ WEINER VAN LIEU, LLC 60 Pompton Avenue Second Fl Verona, NJ 07044 (973) 239-5700 Fax: (973) 239-3400 Email: ALASH@OFWVLAW.COM; SWEINER@OFWVLAW.COM, CCHAMRA@OFWVLAW.COM Attorney For Defendant: AVOCET ENTERPRISES, INC CLARK-RELIANCE CORPORATION, individually and as successor to JERGUSON Bob Malaby, Esq. Allison Ordonez MALABY & BRADLEY LLC 150 Broadway, Suite 600 New York, NY 10038 (212) 791-0285 Fax:(212) 791-0286 Email: ajordonez@mblaw.net rcmalaby@mblaw.net BLACKMER VIKING PUMP COMPANY 4 of 28
Anna DiLonardo, Esq. MARSHALL, DENNEHY, WARNER, COLEMAN & GOGGIN 105 Maxess Road, Suite 303 Melville, NY 11747 (631) 232-6130 Fax: (631) 232-6184 Email: AMDILONARDO@MDWCG.COM; Attorney For Defendant: BMCE, f/k/a UNITED CENTRIFUGAL PUMP, BORG-WARNER MORSE TEC LLC Erik DiMarco, Esq. Virginia Squitieri, Esq. GORDON & REES LLP 1 Battery Park Plaza, 28th Floor New York, NY 10004 (212) 269-5500 Fax: (212) 269-5505 Email: edimarco@gordonrees.com vsquitieri@gordonrees.com CARRIER CORPORATION CLYDE UNION UNION PUMP COMPANY Michael Tanenbaum, Esq. SEDGWICK, LLP Three Gateway Center, 12th Floor Newark, NJ 07102-5311 (973) 242-0002 Fax:(973) 242-8099 Email: michael.tanenbaum@sedgwicklaw.com CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION FOSTER WHEELER, L.L.C. GENERAL ELECTRIC COMPANY Suzanne Halbardier, Esq. BARRY MCTIERNAN & MOORE 2 Rector Street 14th Floor New York, NY 10006 (212) 313-3600 Fax:(212) 608-8902 Email: shalbardier@bmmfirm.com CLEAVER BROOKS COMPANY, INC. FULTON BOILER WORKS JOHN CRANE INC. Edward Flanders PILLSBURY WITHROP SHAW PITTMAN, LLP 1540 Broadway New York, NY (212) 858-1000 Email: edward.flanders@pillsburylaw.com CORTEC GROUP, INC., individually and as successor to LUNKENHEIMER VALVES Grant A. Shehighian FLEMMING ZULACK WILLIAMSON ZAUDERE, LLP One Liberty Plaza New York, NY 10006 Phone: 212-412-9500 Alternate Phone: 516-698-5627 Fax: 212-964-9200 Email: gshehigian@fzwz.com bnachimson@fzwz.com; CROWN, CORK & SEAL, COMPANY, INC. Cynthia Messemer Esq George Hodges Esq HODGES WALSH MESSEMER MOROKNEK, LLP 55 Church St Suite 211 White Plains, NY 10601 (914) 385-6000 Fax:(914) 385-6060 Email: ghodges@hwslaw.com, cmessemer@hwmm-law.com Attorney For: ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes- Vulcan SPIRAX SARCO, INC. Beth L. Hughes, Esq. Brady Edwards Esq. Christopher Iannicelli Esq. MORGAN LEWIS & BOCKIUS LLP 1000 Louisian Street Suite 4000 Houston, TX 77002 (212) 309-6000 Fax: (212) 309-6001 Email: BEDWARDS@MORGANLEWIS.COM; BETH.HUGHES@MORGANLEWIS.COM; CIANNICELLI@MORGANLEWIS.COM; Attorney For Defendant: CONVAL, INC., individually, and as successor to LUNKENHEIMER VALVES, ELLIOTT TURBOMACHINERY CO. GRINNELL, LLC ITT CORPORATION, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MFG., Co., Inc., KENNEDY VALVE MANUFACTURING Co., Inc., THE JR CLARKSON COMPANY, successor by merger to KUNKLE INDUSTRIES, INC., PENTAIR VALVES & CONTROLS LLC, f/k/a KEYSTONE VALVES AND CONTROLS, INC., ITT CORPORATION, individually, and as successor in interest to HOFFMAN SPECIALTY, Joseph P La Sala Esq Nancy McDonald, Esq Donn Dubeth Gardiner Esq MCELROY, DEUTCH, MULVANEY & CARPENTER LLP (NJ) 1300 Mount Kemble Avenue Morristown, NJ 07962 (973) 425-8749 Fax: (973) 425-0161 Email: NMCDONALD@MDMC-LAW.COM dgardiner@mdmc-law.com; JLASALA@MDMC-LAW.COM Attorney For Defendant: FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company ROBERTSHAW CONTROLS COMPANY, Individually and as Successor to FULTON SYLPHON COMPANY, EATON CORPORATION as successor in interest to CUTLER-HAMMER ROCKWELL AUTOMATION as successor by merger to ALLEN-BRADLEY COMPANY, LLC, Peter C. Langenus Esq. SCHNADER HARRISON SEGAL & LEWIS 140 Broadway Suite 3100 New York, NY 10005-9998 (212) 973-8000 Fax: (212) 972-8798 Email: PLANGENUS@SCHNADER.COM Attorney For Defendant: FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC. 5 of 28
Scott Emery, Esq. LYNCH DASKAL & EMERY LLP 137 West 25 th Street, 5 th Floor New York, NY 10001 (212) 302-2400 Fax:(212) 302-2210 Email: emery@lawlynch.com GEORGIA PACIFIC LLC. John Fanning, Esq. Raghu Bandlamudi, Esq. CULLEN AND DYKMAN, LLP 44 Wall Street, 15th Floor New York, NY 10005 (212) 732-2000 Fax:(212) 742-2156 Email: jfanning@cullenanddykman.com; RBandlamudi@CullenandDykman.com GOULDS PUMPS, INC. Lisa Pascarella, Esq. PASCARELLA DIVITA LINDENBAUM & TOMASZEWSKI, 2137 Route 35, Suite 290 Holmdel, NJ 07733 (732) 837-9019 Fax:(732) 203-2380 Email: lpascarella@pdltlaw.com HOFFMAN-NEW YORKER, INC. INGERSOLL RAND COMPANY, individually and as successor to TERRY STEAM TURBINE COMPANY RHEEM MANUFACTURING CORP. TRANE U.S., INC., f/k/a American Standard, Inc. Donald Pugliese Esq. MCDERMOTT, WILL & EMERY 340 Madison Avenue 14th Floor New York, NY 10173 (212) 547-5400 Fax:(212) 547-5444 Email: DPUGLIESE@MWE.COM HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX David Goodearl, Esq. Joseph Colao, Esq. LEADER & BERKON LLP 630 Third Avenue 17th Floor New York, NY 10017 (212) 486-2400 Fax:(212) 486-3099 Email: Dgoodearl@leaderberkon.com; jcolao@leaderberkon.com IMO INDUSTRIES, INC. WARREN PUMPS, LLC Jason S. Riemer Marc Gaffney Monica Kostrzewa HOAGLAND, LONGO, MORAN, DUNST & DOUKAS LLP 48 Wall Street, Suite 1100 New York, NY 10005 (732) 545-4717 Fax: (732) 545-4579 Email: jriemer@hoaglandlongo.com; mgaffney@hoaglandlongo.com; mkostrzewa@hoaglandlongo.com JOHNSON CONTROLS, INC., MULTEK FLEXIBLE CIRCUITS, INC., as the successor to SHELDAHL, INC., SHELDAHL, INC., YORK INTERNATIONAL CORPORATION, Individually and as Successor to FRICK COMPANY, George Randy Fox, Esq. Brian Must, Esq. ERIKS NORTH AMERICA 650 Washington Road, Suite 500 Pittsburgh, PA 15229 (724) 213-1216 Email: rfox@eriksna.com; bmust@metzlewis.com Attorney for Defendant: NEWDELL COMPANY, SMITH VALVE Paul Scrudato, Esq. SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY 10103 (212) 753-5000 Fax: (212) 753-5044 E-Mail: pscrudato@schiffhardin.com OWENS-ILLINOIS, INC. Alfred J. Sargente, Esq HAWKINS PARNELL THACKSTON & YOUNG LLP 600 Lexington Avenue, 8 th Floor New York, NY 10022 (212) 897-9655 Fax: (646) 589-8700 Email: asargente@hptylaw.com; tlogan@hptylaw.com PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX) John Kot, Esq. WATER, MCPHERSON & MCNEIL 300 Lighting Way 7th Floor Secaucus, NJ 07096 (201) 863-4400 Fax:(201) 863-2866 Email: jkot@lawwmm.com RILEY POWER INC. Timothy J. McHugh, Esq. LAVIN, O'NEIL, RICCI, CEDRONE & DiSIPIO 420 Lexington Avenue, Suite 335 New York, New York 10170 (212) 319-6898 Fax: (212) 319-6932 Email: tmchugh@lavin-law.com; NYAsbestos@lavin-law.com; Attorneys for the Defendant: MINNESOTA MINING & MANUFACTURING COMPANY a/k/a 3M COMPANY Jeffrey R. Beitler SHAUB, AHMUTY, CITRIN, & SPRATT, LLP 1983 Marcus Avenue Lake Success, NY 11042-1056 (516) 488-3300 Fax: (516) 488-2324 Email: jbeitler@sacslaw.com ROSS OPERATING VALVE COMPANY, d/b/a Ross Controls (MI Corp.), 6 of 28
James Nowak Esq. KENNEY SHELTON LIPTAK & NOWAK, LLP 233 Franklin Street Buffalo, NY 14202 (716) 853-3801 Fax:(716) 853-0265 Email: jsnowak@kslnlaw.com ctpusateri@kslnlaw.com TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., individually, and as successor to FARRIS ENGINEERING, Timothy Coughlan. MARON MARVEL BRADLEY & ANDERSON, LLC 328 Newman Springs Road Red Bank, NJ 07701 (732) 945-5530 Fax: (732) 945-5955 Email: AsbestosNY@maronmarvel.com Attorney For Defendant: VELAN VALVE CORPORATION Renee A. Gallagher, Esq. MCCARTER & ENGLISH, LLP 245 Park Avenue, 27th Floor New York, NY 10167 (212) 609-6800 Fax: 212.414.0121 Email: rgallagher@mccarter.com WALWORTH TWC C. Dino Haloulos James Montano MCCOLLOUGH GINSBERG MONTANO & PARTNERS 122 East 42nd Street, Suite 3505 New York, NY 10168 (646) 435-0300 Fax: (646) 349-2217 Email: jmontano@mgpllp.com; dhaloulos@mgpllp.com Attorney for Defendant: WHIRLPOOL CORPORATION, individually and as successor to ROPER HOME APPLIANCES 7 of 28
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X NANCY A. DEANE, Individually, and as Personal Representative for the Estate of SYDNEY P. DEANE, -against- Plaintiffs, AERCO INTERNATIONAL, INC., AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., ALFA LAVAL, INC., ARMSTRONG INTERNATIONAL, INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS INC., BLACKMER, BMCE INC., f/k/a UNITED CENTRIFUGAL PUMP, BORG-WARNER MORSE TEC LLC, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CINCINNATI VALVE COMPANY, individually and as successor to LUNKENHEIMER VALVES, CLARK-RELIANCE, individually and as successor to JERGUSON, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., CONVAL, INC., individually, and as successor to LUNKENHEIMER VALVES, CROWN CORK & SEAL USA, INC., individually, and as successor in interest to MUNDET CORK CORPORATION, CUMMINS, INC., DAP, INC., DURO DYNE CORPORATION, EATON CORPORATION, as successor in interest to CUTLER-HAMMER, INC., ELECTROLUX HOME PRODUCTS, INC., individually, and as successor to TAPPAN and COPES-VULCAN, ELLIOT TURBOMACHINERY CO., FAIRBANKS COMPANY (THE), individually, and as successor to FAIRBANKS VALVES, FLOWSERVE US, INC., solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Index No.: 190284/2015 Date Filed: August 7, 2017 Plaintiff Designates NEW YORK County as the Place of Trial The Basis of Venue is Defendants' Place of Business FOURTH AMENDED VERIFIED COMPLAINT 8 of 28
Valve Company, and Vogt Valve Company, FMC CORPORATION, individually, and as successor to CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY, and PEERLESS PUMP COMPANY, FORT KENT HOLDINGS, INC., f/k/a DUNHAM-BUSH, INC., FOSTER WHEELER, L.L.C., FULTON BOILER WORKS, INC., G.G. OF FLORIDA, INC. f/k/a HIGBEE, INC., GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC, GOULD ELECTRONICS, INC., GOULDS PUMPS, INC., GREENE TWEED & COMPANY, INC., GRINNELL LLC, HIGBEE, INC., individually, and as successor to HIGBEE RUBBER CO. INC., and HIGBEE GASKETS AND SEALING PRODUCTS, INC., HOBART BROTHERS COMPANY, HOFFMAN-NEW YORKER, INC., HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, HOPEMAN BROTHERS, INC., IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, INGERSOLL RAND COMPANY, individually and as successor to TERRY STEAM TURBINE COMPANY, INC., ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT and HOFFMAN SPECIALTY, ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT, JOHN CRANE, INC., JOHNSON CONTROLS, INC., JR CLARKSON COMPANY (THE), successor by merger to KUNKLE INDUSTRIES, INC., KENNEDY VALVE MFG. CO. INC., LENNOX INDUSTRIES, INC., MINNESOTA MINING & MANUFACTURING COMPANY, a/k/a 3M COMPANY, MULTEK FLEXIBLE CIRCUITS, INC., as the successor to SHELDAHL, INC., NASH ENGINEERING COMPANY (THE), NEWDELL COMPANY (THE), an ERIKS COMPANY, as successor to SMITH VALVE, OWENS-ILLINOIS, INC., PALMETTO, INC., a wholly-owned Subsidiary of GREENE TWEED & COMPANY, INC., PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), 9 of 28
PENTAIR VALVES & CONTROLS LLC, f/k/a KEYSTONE VALVES AND CONTROLS, INC., RILEY POWER, INC., RHEEM MANUFACTURING COMPANY, ROBERTSHAW CONTROLS COMPANY, individually, and as successor to FULTON SYLPHON COMPANY, ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN-BRADLEY COMPANY, LLC, ROPER PUMP COMPANY, ROSS OPERATING VALVE COMPANY, d/b/a Ross Controls (MI Corp.), SCHNEIDER ELECTRIC USA, INC., formerly known as SQUARE D COMPANY, SEPCO CORPORATION, SHELDAHL, INC., SPIRAX SARCO, INC., individually and as successor to SARCO COMPANY, TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., individually, and as successor to FARRIS ENGINEERING, TRANE U.S. INC., f/k/a AMERICAN STANDARD INC., UNION CARBIDE CORPORATION, UNION PUMP COMPANY, VELAN VALVE CORPORATION, VIKING PUMP, INC., WALWORTH TWC, WARREN PUMPS LLC, individually, and as successor to THE QUIMBY PUMP COMPANY, WHIRLPOOL CORPORATION, individually and as successor to ROPER HOME APPLIANCES, YORK INTERNATIONAL CORPORATION, ZURN INDUSTRIES, INC., individually, and as successor to ERIE CITY IRON WORKS, Defendants. -----------------------------------------------------------------------------X To the above named Defendant(s) 1. Plaintiffs, NANCY A. DEANE, Individually, and as Personal Representative for the Estate of SYDNEY P. DEANE, by her attorneys, MEIROWITZ & WASSERBERG, LLP, for their fourth amended verified complaint respectfully allege: 2. Defendant AERCO INTERNATIONAL, INC., was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 10 of 28
3. Defendant AIR & LIQUID SYSTEMS CORPORATION, as successorby-merger to BUFFALO PUMPS, INC., was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 4. Defendant ALFA LAVAL, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 5. Defendant ARMSTRONG INTERNATIONAL, INC., was and still is a expected its acts to have consequences within the State of New York. 6. Defendant ATWOOD & MORRILL COMPANY, was and still is a expected its acts to have consequences within the State of New York. 7. Defendant AURORA PUMP COMPANY, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 8. Defendant AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 9. Defendant BLACKMER, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 11 of 28
10. Defendant BMCE INC., f/k/a UNITED CENTRIFUGAL PUMP was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 11. Defendant BORG-WARNER MORSE TEC LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 12. Defendant BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 13. Defendant BYRON JACKSON PUMPS, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 14. Defendant CARRIER CORPORATION, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 15. Defendant CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION was and still is a duly organized domestic corporation doing business in the State of New York. 16. Defendant CINCINNATI VALVE COMPANY, individually, and as successor to LUNKENHEIMER VALVES, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 17. Defendant CLARK-RELIANCE, individually and as successor to 12 of 28
JERGUSON, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 18. Defendant CLEAVER BROOKS COMPANY, INC., was and still is a expected its acts to have consequences within the State of New York. 19. Defendant CLYDE UNION, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 20. Defendant CONVAL INC, individually and as successor to LUNKHEIMER VALVES was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 21. Defendant CROWN CORK & SEAL USA, INC., individually and as successor in interest to MUNDET CORK CORPORATION, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 22. Defendant CUMMINS, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 23. Defendant DAP, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 13 of 28
24. Defendant DURO DYNE CORPORATION, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 25. Defendant EATON CORPORATION, as successor in interest to CUTLER-HAMMER, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 26. Defendant ELECTROLUX HOME PRODUCTS, INC., individually, and as successor to Tappan and Copes-Vulcan, was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 27. Defendant ELLIOT TURBOMACHINERY CO., was and still is a expected its acts to have consequences within the State of New York 28. Defendant FAIRBANKS COMPANY (THE), individually and as successor to FAIRBANKS VALVES, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 29. Defendant FLOWSERVE US, INC., solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 14 of 28
30. Defendant FMC CORPORATION, individually, and as successor to CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY, and PEERLESS PUMP COMPANY, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 31. Defendant FORT KENT HOLDINGS, INC., f/k/a DUNHAM-BUSH, INC., was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 32. Defendant FOSTER WHEELER, L.L.C., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 33. Defendant FULTON BOILER WORKS, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 34. Defendant G.G. OF FLORIDA, INC. f/k/a HIGBEE, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 35. Defendant GARDNER DENVER, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 36. Defendant GENERAL ELECTRIC COMPANY, was and still is a 15 of 28
expected its acts to have consequences within the State of New York. 37. Defendant GEORGIA PACIFIC LLC, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 38. Defendant GOULD ELECTRONICS, INC., was and still is a expected its acts to have consequences within the State of New York. 39. Defendant GOULDS PUMPS, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 40. Defendant GREENE TWEED & COMPANY, INC., was and still is a expected its acts to have consequences within the State of New York. 41. Defendant GRINNELL LLC, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 42. Defendant HIGBEE RUBBER CO. INC., and HIGBEE GASKETS AND SEALING PRODUCTS, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 43. Defendant HOBART BROTHERS COMPANY, was and still is a 16 of 28
expected its acts to have consequences within the State of New York. 44. Defendant HOFFMAN-NEW YORKER, INC., was and still is a expected its acts to have consequences within the State of New York. 45. Defendant HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 46. Defendant HOPEMAN BROTHERS, INC., was and still is a expected its acts to have consequences within the State of New York. 47. Defendant IMO INDUSTRIES, INC., was and still is a expected its acts to have consequences within the State of New York. 48. Defendant INGERSOLL RAND COMPANY, was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 49. Defendant INGERSOLL RAND COMPANY, individually and as successor to TERRY STEAM TURBINE COMPANY, INC., was and still is a expected its acts to have consequences within the State of New York. 50. Defendant ITT CORPORATION, individually, and as successor in 17 of 28
interest to BELL & GOSSETT and HOFFMAN SPECIALTY, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 51. Defendant ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT, was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 52. Defendant JOHN CRANE, INC., was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 53. Defendant JOHNSON CONTROLS, INC., was and still is a expected its acts to have consequences within the State of New York. 54. Defendant JR CLARKSON COMPANY (THE), successor by merger to KUNKLE INDUSTRIES, INC., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 55. Defendant KENNEDY VALVE MFG. CO. INC., was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 56. Defendant LENNOX INDUSTRIES, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 18 of 28
57. Defendant MINNESOTA MINING & MANUFACTURING COMPANY, a/k/a 3M COMPANY, was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 58. Defendant MULTEK FLEXIBLE CIRCUITS, INC., as the successor to SHELDAHL, INC., was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 59. Defendant NASH ENGINEERING COMPANY (THE), was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 60. Defendant NEWDELL COMPANY (THE), an ERIKS COMPANY, as successor to SMITH VALVE, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 61. Defendant OWENS-ILLINOIS, INC., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 62. Defendant PALMETTO, INC., a wholly-owned subsidiary of GREENE TWEED & COMPANY, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 63. Defendant PNEUMO ABEX LLC, successor in interest to ABEX 19 of 28
CORPORATION (ABEX), was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 64. Defendant PENTAIR VALVES & CONTROLS LLC f/k/a KEYSTONE VALVES AND CONTROLS, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 65. Defendant RILEY POWER, INC., was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York 66. Defendant RHEEM MANUFACTURING COMPANY, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 67. Defendant ROBERTSHAW CONTROLS COMPANY, individually and as successor to FULTON SYLPHON COMPANY, was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 68. Defendant ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN-BRADLEY COMPANY, LLC, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 69. Defendant ROSS OPERATING VALVE COMPANY, d/b/a Ross 20 of 28
Controls (MI Corp.), was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 70. Defendant SCHNEIDER ELECTRIC USA, INC., formerly known as SQUARE D COMPANY, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 71. Defendant SEPCO CORPORATION, was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York 72. Defendant SHELDAHL, INC., was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York 73. Defendant SPIRAX SARCO, INC. individually and as successor to SARCO COMPANY, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 74. Defendant TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., individually, and as successor to FARRIS ENGINEERING, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 75. Defendant TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 21 of 28
76. Defendant UNION CARBIDE CORPORATION, was and still is a expected its acts to have consequences within the State of New York. 77. Defendant UNION PUMP COMPANY, was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York 78. Defendant VELAN VALVE CORPORATION, was and still is a expected its acts to have consequences within the State of New York. 79. Defendant VIKING PUMP, INC., was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 80. Defendant WALWORTH TWC, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 81. Defendant WARREN PUMPS LLC, individually, and as successor to THE QUIMBY PUMP COMPANY, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 82. Defendant WHIRLPOOL CORPORATION, individually and as successor to ROPER HOME APPLIANCES, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 22 of 28
83. Defendant YORK INTERNATIONAL CORPORATION, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. 84. Defendant ZURN INDUSTRIES, INC., individually, and as successor to ERIE CITY IRON WORKS, was and still is a corporation doing business and/or transacting business in the State of New York and should have expected its acts to have consequences within the State of New York. Plaintiff, NANCY A. DEANE, Individually, and as Personal Representative for the Estate of SYDNEY P. DEANE, repeats and realleges NYCAL - MEIROWITZ & WASSERBERG, LLP s STANDARD ASBESTOS COMPLAINT FOR WRONGFUL DEATH No. 1 as if fully incorporated herein as it pertains to the defendants in the aforementioned caption. Dated: August 7, 2017 New York, NY /S/ Daniel Wasserberg Daniel Wasserberg MEIROWITZ & WASSERBERG, LLP 233 Broadway, Suite 950 New York, New York 10279 (212) 897-1988 23 of 28
STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS: The undersigned, an attorney admitted to practice in the Courts of New York State, shows: Deponent is an Attorney of the law firm MEIROWITZ & WASSERBERG, LLP, Counsel for the plaintiff(s) in the within action; deponent has read the foregoing fourth amended summons and verified complaint and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. This verification is made by deponent and not by plaintiff(s) because plaintiff(s) resides outside of the County of New York where plaintiffs' counsel and deponent maintain their office. Dated: August 7, 2017 New York, New York /S/ Daniel Wasserberg DANIEL WASSERBERG 24 of 28
Index No.: 190284/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ==================================================================================== NANCY A. DEANE, Individually, and as Personal Representative for the Estate of SYDNEY P. DEANE, -against- AERCO INTERNATIONAL, INC., et. al., Plaintiffs, Defendants. ==================================================================================== FOURTH AMENDED SUMMONS and COMPLAINT ==================================================================================== MEIROWITZ & WASSERBERG, LLP Attorneys for PLAINTIFFS 233 BROADWAY, SUITE 950 New York, NY 10279 212-897-1988 ==================================================================================== To Attorney(s) for ==================================================================================== Service of a copy of the within is hereby admitted. Dated, August 7, 2017. Attorney(s) for NANCY A. DEANE, Individually, and as Personal Representative for the Estate of SYDNEY P. DEANE, =================================================================================== 25 of 28
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X NANCY A. DEANE, Individually, and as Personal Representative for the Estate of SYDNEY P. DEANE, -against- Plaintiffs, AERCO INTERNATIONAL, INC., AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., ALFA LAVAL, INC., ARMSTRONG INTERNATIONAL, INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS INC., BLACKMER, BMCE INC., f/k/a UNITED CENTRIFUGAL PUMP, BORG-WARNER MORSE TEC LLC, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CINCINNATI VALVE COMPANY, individually and as successor to LUNKENHEIMER VALVES, CLARK-RELIANCE, individually and as successor to JERGUSON, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., CONVAL, INC., individually, and as successor to LUNKENHEIMER VALVES, CROWN CORK & SEAL USA, INC., individually, and as successor in interest to MUNDET CORK CORPORATION, CUMMINS, INC., DAP, INC., DURO DYNE CORPORATION, EATON CORPORATION, as successor in interest to CUTLER-HAMMER, INC., ELECTROLUX HOME PRODUCTS, INC., individually, and as successor to TAPPAN and COPES-VULCAN, ELLIOT TURBOMACHINERY CO., FAIRBANKS COMPANY (THE), individually, and as successor to FAIRBANKS VALVES, FLOWSERVE US, INC., solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Index No.: 190284/2015 Date Filed: August 7, 2017 Plaintiff Designates NEW YORK County as the Place of Trial The Basis of Venue is Defendants' Place of Business FOURTH AMENDED FULL CAPTION RIDER 26 of 28
Valve Company, and Vogt Valve Company, FMC CORPORATION, individually, and as successor to CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY, and PEERLESS PUMP COMPANY, FORT KENT HOLDINGS, INC., f/k/a DUNHAM-BUSH, INC., FOSTER WHEELER, L.L.C., FULTON BOILER WORKS, INC., G.G. OF FLORIDA, INC. f/k/a HIGBEE, INC., GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC, GOULD ELECTRONICS, INC., GOULDS PUMPS, INC., GREENE TWEED & COMPANY, INC., GRINNELL LLC, HIGBEE, INC., individually, and as successor to HIGBEE RUBBER CO. INC., and HIGBEE GASKETS AND SEALING PRODUCTS, INC., HOBART BROTHERS COMPANY, HOFFMAN-NEW YORKER, INC., HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, HOPEMAN BROTHERS, INC., IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, INGERSOLL RAND COMPANY, individually and as successor to TERRY STEAM TURBINE COMPANY, INC., ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT and HOFFMAN SPECIALTY, ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT, JOHN CRANE, INC., JOHNSON CONTROLS, INC., JR CLARKSON COMPANY (THE), successor by merger to KUNKLE INDUSTRIES, INC., KENNEDY VALVE MFG. CO. INC., LENNOX INDUSTRIES, INC., MINNESOTA MINING & MANUFACTURING COMPANY, a/k/a 3M COMPANY, MULTEK FLEXIBLE CIRCUITS, INC., as the successor to SHELDAHL, INC., NASH ENGINEERING COMPANY (THE), NEWDELL COMPANY (THE), an ERIKS COMPANY, as successor to SMITH VALVE, OWENS-ILLINOIS, INC., PALMETTO, INC., a wholly-owned Subsidiary of GREENE TWEED & COMPANY, INC., PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), 27 of 28
PENTAIR VALVES & CONTROLS LLC, f/k/a KEYSTONE VALVES AND CONTROLS, INC., RILEY POWER, INC., RHEEM MANUFACTURING COMPANY, ROBERTSHAW CONTROLS COMPANY, individually, and as successor to FULTON SYLPHON COMPANY, ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN-BRADLEY COMPANY, LLC, ROPER PUMP COMPANY, ROSS OPERATING VALVE COMPANY, d/b/a Ross Controls (MI Corp.), SCHNEIDER ELECTRIC USA, INC., formerly known as SQUARE D COMPANY, SEPCO CORPORATION, SHELDAHL, INC., SPIRAX SARCO, INC., individually and as successor to SARCO COMPANY, TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., individually, and as successor to FARRIS ENGINEERING, TRANE U.S. INC., f/k/a AMERICAN STANDARD INC., UNION CARBIDE CORPORATION, UNION PUMP COMPANY, VELAN VALVE CORPORATION, VIKING PUMP, INC., WALWORTH TWC, WARREN PUMPS LLC, individually, and as successor to THE QUIMBY PUMP COMPANY, WHIRLPOOL CORPORATION, individually and as successor to ROPER HOME APPLIANCES, YORK INTERNATIONAL CORPORATION, ZURN INDUSTRIES, INC., individually, and as successor to ERIE CITY IRON WORKS, Defendants. -----------------------------------------------------------------------------X To the above named Defendant(s) 28 of 28