Document 0G9Gyp69JX4J7njyBo757pQb

** SERVICE OF PROCESS TRANSMITTAL FORM Tne Corporation Trust Company TO: MONSANTO COMPANY_____________ LEGAL DEPARTMENT_____________ ATT; THOMAS M. BISTLINE 800 N. LINDBERGH BLVD. ST. LOUIS, MO. 63167 PROCESS SERVED INRE: ___________ MASSACHUSETTS________________ (Jurisdiction) P0R______________________ MONSANTO COMPANY____________ (Name of Company) DELAWARE (Domestic State) ENCLOSED ARE COPIES OF LEGAL PROCESS SERVED UPON THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS; 1. TITLE OF ACTION: PAUL M. CULLINAN, ET AL VS. MONSANTO CO., ET AL. S UMMO$C,Ul1koGATORIES PROPOUNDED BY THE PLAINTIFF TO BE ANSWERED UNDER OATH BY THE DEFENDAt CIVIL ACTION COVER SHEET, COMPLAINT PLAINTIFFS DEMAND TRIAL BY JURY. 3. COURT: SUPERIOR COURT, HAMPDEN COUNTY, MASSACHUSETTS. NO. ----------- 4. NATURE OF ACTION: ,, AS A RESULT OF ALLEGED NEGLIGENCE ON BEHALF OF THE DEFENDANT IN MANUFACTURING CHEMICALS PLAINS HAS SUFFERED A SEVERE LOSS. THEREFORE, PLAINTIFF DEMANDS JUDGEMENT IN EXCESS OF $5,000,000.00. 5. ON WHOM PROCESS WAS SERVED: C T CORPORATION SYSTEM, 2 OLIVER STREET, BOSTON, MASS. 02109, (We informed the process server the Secretary of the Commonwealth is the statutory agent for service, but his instructions were to serve C T CORPORATION directly as resident agent). 6. DATE AND HOUR OF SERVICE: AUGUST 13, 1985 at 11:30 A.M. BY CONSTABLE 7. APPEARANCE OR ANSWER DUE: 20 DAYS FROM DAY OF SERVICE, 8. PLAINTIFF'S ATTORNEY(S): EXCLUSIVE OF DAY OF SERVICE. KEITH S. *HALPERN SILVERGLATE, GERTNER, BAKER, FINE & GOOD 88 BROAD STREET, BOSTON, MASS. 02110 9. REMARKS: ( 617 ) 542-6663 ( ) This confirms our telephone call to your office. ( ) Above telephoned to C T office and is sent to you per their instructions. *NOTE DISCREPENCY IN TITLE. CC: ST. LOUIS OFFICE. ? KINDLY ACKNOWLEDGE RECEIPT BY SIGNING THE CARBON COPY AND RETURNING IT TO -- RSV 0005034 Signed C T CORPORATION SYSTEM Per 771 NATALIE M. O'CONNOR Addre" --2 nr.TVKR STREET_________ BOSTON, MASS. 02109 TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: - TORT -- MOTOR VEHIfcE~T<pRT -- CONTRACT -- EQUITABLE RELIEF -- OTHER of iMaBBarljusrttfi N O TIC E TO D E P E N D A N T -- You need not appear personally in court to answer the com plaint, but if you cl; to have a defense, e ith e r you o r your a tto rn e y m ust serve a y o f your w ritte n answer w ith in 20 days as specified h e re in and also file th e o rig in a l in the C lerk's O ffic e . HAMPDEN, ss. Paul M. Cullinan, et al. piaintiff(s) v. Monsanto Co., et al. ? Defendant(s) SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION No. SUMMONS To the above-named Defendant: Monsanto Co . You are hereby summoned and required to serve upon Nancy Gertner ITS Broad St. , Boston, MA 02110 _f plaintiffs attorney, whose address is an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day ofservice. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Springfield either before service upon plaintiffs attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13 a), your answer must state as a counterclaim any claim which you may have, against the plaintiff which arises out of the transaction or occurence that is the subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any other action. Witness, THOMAS R. MORSE. JR., Esquire, at Springfield thefif-h day of ----------August-------------------------------------- , in the year of our Lord one thousand nine hundred and eighty , five2_. . . _____ ' <b A true 5 AttestJ- Uc County 3 CLERK/MAGISTRATE 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved, the names of all defendants should appear in the cap tion. If a separate summons is used for each defendant, each should be addressed to the particular defendant. rSV 0005035 Hampden ,"LAINTIFF(S) TYPE OR USE BALL POINT PEN --BEAR DOWN FIRMLY Paul M. , ss, Cullman, MASSACHUSETTS TRIAL COURT CIVIL ACTION COVER SHEET (To be filed with each Complaint) SUPERIOR COURT DEPARTMENT NO et al. defendant^) Monsanto (Jo. , et ax. ATTORNEY(S) (Firm Name, Address, Tel.) Nancy Gertner, Silverglate, Gertner, Fine & Good, 88 Broad St.,Boston, MA BBO # ATTORNEY(S) (If known) Ba! cer 02 .10 unknown Place an 63 In one box only $) 1. F01 0 2. F02 3. F03 Complaint Removal to Sup. Ct. c.231, s.104 Retransfer to Sup. Ct. C.231, S.102C ORKSIN 4. F04 Dlst. Ct. Appeal c.231, s.97 5. F05 Reactivated after Rescript: Relief from judgment/order (Mass. R. Civ. P. 60) Place an 0 In one box only A01 A02 A03 A08 A99 CONTRACT Services, labor and materials Goods sold and delivered Commercial paper Sale or lease of real estate Other (specify) ----.----------- -- .03 B04 BOS 806 B07 XX B08 B15 B99 TORT Motor vehicle negligence-personal injury/property damage Other negligence-personal Injury property damage Products liability Malpractice-medical Malpractice-other (specify) ',___ t Wrongful death, G.L. c.229, s.2A Defamation (libel-slander) Other (specify) NATURE OF ACTION O C01 0 C02 O C03 n C04 C99 REAL PROPERTY Land taking (eminent domain) Zoning appeal, G.L. C.40A Dispute concerning title Foreclosure of mortgage Other (specify) Q D01 D02 0 D06 D07 DOS 0 DIO D12 D D13 EQUITABLE REMEDIES Specific performance of contract Reach and apply, G.L c.214, s.3(6)-(9) Contribution or indemnification Imposition of trust Minority stockholder's suit Accounting Dissolution of partnership Declaratory judgment, G.L. C.231A Q 099 Other (specify) E02 E03 E04 E05 E06 E08 E09 E10 Ell E12 E13 El 4 E15 E16 E17 E99 MISCELLANEOUS Appeal from administrative agency, G.L. c.30A Action against Commonwealth or Municipality, G.L.-C.258 Taxpayer suit, G.L. c.40 s.53 Confirmation of arbitration awards, G.L. c-251 Massachusetts Antitrust Act, G.L c.93 Appointment of receiver General contractor's surety bond, G.L c-149, ss.29, 29a Summary process appeal Workman's Compensation Small Claims Appeal Labor Dispute Chapter 123A Petition -- SOP Abuse Petition, G.L C.209A Auto Surcharge Appeal Civil Rights Act, G.L c.12, ss.1lH-1 Other (specify) SUPERIOR COURT RULE 29. Requirement-pf statement as to money damages to prevent the transfer of civil actions to District or Municipal Court Departments. 1. Superior Court Rule 29, as amended requires the statement of money damages on the reverse side be completed. 2. Failure to complete the statement, where appropriate, will result in transfer of this action (Superior Court Rule 29(2). SIGNATURE^ ATTORNEY OF RECORD (OFFICE UpE ONLY--Dp NOT*WRITE BELOW T^flS LINE) DISPOSITION A. Judgment Entered 1. Before jury trial or non-jury hearing 2. During jury trial or non-jury hearing 3. After jury verdict 4. After court finding 5. After post trial motion B. No Judgment Entered 6. Transferred to District Court under G.L. c.231, sl02C Disposition date________________ RECEIVED BY: DATE: DATE: / 7f' (? ^ DISP ENTERED BY: OATE: CLERK'S OFFICE COPY RSV 0005036