Document 2qpomwp37Vv1NKmRv2d6mgZ2r

Distributor Contacts * Aroclor Sales A. Ohio Solvents - Cleveland, Ohio 1. Applies to sales beginning contract period July 1962 2. Record of all Monsanto products sold to Michigan Silo or Concrete Silo Company at any location in your territory. 3. Copy of all records including receipts of shipments, payment, and sales invoices on sales of Aroclor 1254, Aroclor 5460 or any other Monsanto product to Michigan Silo Company, or Concrete Silo Company. Include any record that identifies our manufacturer's lot number on these specific shipments*. 4. The name of representative(s) and approximate date of contnct with Michigan Silo Company or Concrete Silo Company. NOTE: Attached are invoices of several Aroclor 1254 and Aroclor 5460 orders during 1966 - 1967 period . SW 443491 STLCOPCB4057750 B. American Mineral Spirits Company, Murray Hill, New Jersey 1. Applies to sales beginning contract period January 1962. 2. Record of sales of any Monsanto products to any location of the firm listed below: Rosansky Feed Company, Secaucus. New Jersey 3. Copy of all records including receipts of shipment, payment, or sales invoices involving the sale of Aroclor 1221, 1232, 1242, 1248, 1254 or 1260 product to this account. 4. Name of representative(s) and approximate date of contact with the above account. SW 443492 STLCOPCB4057751 6<mp , to. VdJjj^-SscrvJ 511^ Co . fW--acCn I'T-SM- ifc_l c-s~\^ t.^J^A t I'JLoS DSW 443493 STLCOPCB4057752 fto fhlht -&J in /1) 6U--L **! & v U rar>ft co 'tstt 5 CO Q STLCOPCB4057753 STLCOPCB4057754 7\ - .(SjJL_____ -tU*~ __________ 4c l5Jp J=, S?_ W- (h" ___ (r^yjv (t_______ I^Vte 0 _ V* ek--\ /'~~~\r^-ht~y^ f iT--1_'->--ca. jb DSW 443496 STLCOPCB4057755 From the desk -L. DSW 443497 STLCOPCB4057756 SERVICE OF PROCESS TRANSMITTAL FORM ax s'ysr^Af <Thc Corporation Trust^Compa nj C T Corpo^ration^ystem nJ Associated Gompanle* Mr. Rodney Harris, Jr., Attorney C 9 0* 099999e94i909Cr99e909996909C%9C9999e to. C T corporation system (C T Office} St. Louis, Missouri (City); (State) C T CORPORATION SYSTEM FROM:________ :______________ i- ^ /(Originalir g Agent) TO: ______________ TrPgn.l nppa.rtment_______________________ Monsanto Conuany; 800 North Lindbergh ___________ St. Louis <,AuMirg^cfaMer,63l66 . .Workman s-lst/vvi ce" Pres. Cleveland,Ohio 44115 (City) DATE: 8/3/70 (Store) VIA: (^) Certified Mail " ( ) Certified Air Moil VIA: (x)cCertified Mail { ) Messenger { ) Certified Air Mail . - ,. . REPROCESS SERVED IN `* . ^OHIO' . (Jurisdiction) ____________ FOR ' MONSANTO COMPANY__________ __________________ (Name of Company) Enclosed ore copies of legal process served upon the statutory agent of the above company os follows: DELAWARE (Home Stote) 1. Title of Action: George Schwarzwalder, vs. Michigan Silo Co. and The Monsanto Company, defts. . 2. Document{jp5E?52aLReceived: Summons and Complaint and Demand for Jury Trial 3. Court. Common Pleas Court, Wayne County, Ohio No. 46254 a. Nature of Action: Asking for $125,000 and costs re damages caused when using chemical made and distributed by defts. . 5. On Whom Process was Served: Received at office of W. J. Workman, C T Corporation System, Cleveland, Ohio via certified mail from court 6. Dote and Hour of S^TCDQtReceipt: August 3* 1970 7. Appearance or Answer Due: 23 days after Service 8. Plaintiff's Attorney(s): Richard Kauffman, Peoples Federal Bldg., Wooster, Ohio 9. Remorks: DSW 443498 KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING TO US 1HE ENCLOSED CARBON COPY OF THIS TRANSMITTAL FORM. RECEIVED AND FORWARDED ON 8/5/70 RY. C T^CORPORATION SYSTEM 314 HORTH BROADWAY . (Address) ST. LOUIS, MISSOURI 63102 NJ 29! 6-ee 50M lETJ STLCOPCB4057757 Ok. 14 C tUurrr Bhothi**, Ptnuutuu, Sn^omui,' Ohm In'tlic Conti of Common Fleas, '________ County,ijoost er Ohio SUMMONS . (COPY TO SERVE) Rule 4(5) 1970 Ohio Roles of Civil Procedure Name George Schwarzwalder Case .Vo....46254___ Address Doc....?.^......... rage. July 30, 1970 \ RS2....................................... Shreve, Ohio Name Michigan Silo Co. The Monsanto Co. Plaintiff_____ ' s. Address 901 Cherry Rd., N. W. Massillon, Ohio ...800. North..Lindbergh.Blvd St. Louis, Missouri.......... SUMMONS ON COMPLAINT DefendantJL/ To the above-named defendant.*..: You are hereby summoned that a complaint (a copy of which is hereto attached and made a part hereof) has been fled against you in this court by the plaintiff..... named herein. You are required to answer said complaint within 28 days after service of this summons upon you, exclusive of the day of service. ' You are required to seive upon the plaintiff...] Stttoniey, nKxipiHKthRypitraix U'ffkxxfixxbZ'Zxrfr&LZXXxaxuttnKKity.xtfxtvxxiKd, a copy of your answerto the complaint. The name and address of the plaintiff.!!.s attorney is as follows: Richard Kauffman Peoples Federal Bdlg., Box 153 Wooster, Ohio ^ . . Said answer must be filed with this court. If you fail to do so, judgment by default will betaken against you for the relief demanded in the complaint. Clyde C. Myers By, DSW 443499 Clerk Deputy STLCOPCB4057758 Ill TUB COMMON PlSi'S "'C'OTHitfi* i&^SSs COUNTY, OHIO George Schwarzwaldor R. D. #2 Shreve, Ohio `--'UvUl. <l9 jP}.< |? 02 CLYDE C. MY^RS. CLERK Case No. YtJlSV Plaintiff ) , vs. Michigan Silo Co. 901 Cherry Road, N. W. Massillon, Ohio . ) COMPLAINT AND DEMAND ) FOR JURY TRIAL ) The Monsanto Company BOO North Lindbergh Boulevard St. Louis, Missouri ) ) Defendants ) 1) Plaintiff is a resident of R. D. #2, Shreve, Wayne County, Ohio, and is a farmer engaged predominantly in the dairy farm business. . 2) The Defendant, Michigan Silo Co., on or about the 25th ' day of September, 1967, constructed an extension to a silo on the farm owned by Plaintiff, and at the same time coated the inside of said silo with a product which Plaintiff believes to be known by the trade name "Cuxnar". 3) The Defendant, The Monsanto Company, is engaged in the manufacture of chemical products and compounds and supplied to the Defendant, Michigan Silo Co., a chemical compound known as "Aroclor 1254". The Defendant, Michigan Silo Co., used said "Aroclor 1254" in compounding the product "Cumar", which was painted, sprayed or coated upon the inside surfaces of Plaintiff's silo for the purpose of preventing the silo from eroding or deteriorating. . . 4) Plaintiff further states that the United States Food and Drug /'dminJ.strr.tion has issued regulations among other things providing that milk containing "Aroclor 1254" in excess of i.,2 parts per million, is not fit for human consumption and the residue is toxic and may bo detrimental to human welfare. 5) Plaintiff further states that he stored in said silo DSW 443500 STLCOPCB4057759 chopped corn and other foliage and fed the stored feed to hi3 registered herd of Holstein dairy cattle. On or about February 19, 1970* Plaintiff was advised by the Department of Agriculture of the State of Ohio, that milk from his herd contained "Aroclor 1254" in excess of 0.2 parts per million and prohibited Plaintiff from marketing milk produced from his herd. Said prohibition continued until on or about June 22, 1970. 6) Plaintiff further states that the coating known as "Cumar", which contained "Aroclor 1254" thereafter flaked off into and permeated the feed which was fed to and consumed by the livestock herd of the Plaintiff. As a result, the herd absorbed the toxic residues, which, in turn, vias transferred to the milk produced by the cows of the herd. 7) Plaintiff further states that he will be required to purchase and erect a new silo for the storage of feed for his livestock; that he has made numerous trips to Columbus and other areas to investigate the cause and cure for the matters herein referred to; that he has been deprived of income from February 19 1970 until June 22, 1970, and that he is informed and does believe that he may be deprived of income for some period of time in the future; that he has been unable to sell his calves, cull cows for beef or any of his herd for breeding stock; that he has incurred substantial expense and additional labor to dispose of the unsalable milk; that he has lost all of the remaining feed stored in the 3ilo; that the reputation he has earned over the years for having a . valuable registered Holstein herd has been damaged; that his live stock herd has become infested with "Aroclor 1254"> and said herd has been caused to depreciate in value. . Wherefore, Plaintiff demands a jury trial and prays judgment against the Defendants in the sum of One Hundred Twenty Five Thousand Dollars ($125000.00), and costs of suit. Attorney for Plaintiff Richard Kauffman Peoples Federal Building, F. 0. Box 153 Wooster, Ohio 44&91 DSW 443501 STLCOPCB4057760 oavio a. oAt (<ee)-ia4>) jOhn o. kcttcac* OONALO W. RALCV CltOC H. WHIOMT ftoacAT m. rvoout hoicmt a. cshelman race h. iolunocn JOHN r. IUCHMAN ftOftCAT c. LCVITT ' LOLMft A. aOCTTtCA r. aarAN unocawooo, ja. WILLIAM a. HCICHCL LAAAT M. MOWN c.lano o'atni JOHN N.WCaACN JAM C ft R.MOOKU LAW OFFICES Day, Ketterer. Raley. Wright & Rybolt 1 aoo CLCVC-TUSC. OUILOINO . CANTON, OHIO -*4702 TCLCPHONC 455-0173 ' July 27, 1970 _ * -!: \ Hr, James Welbe Box 92 Shelby, Ohio 44875 Dear Hr. Welbe: Over a year ago, you installed a Michigan Silo on \ the farm of Hr. Glenn Dickerhoff and caused it to be coated, in whole or in part, T*ith a product called Cumar manufactured by The Monsanto Company. A3 you know, the Public Health Authorities have ruled that silage stored in a silo coated with Cumar canr.ot be fed to milk pro ducing animals. As a result, Mr. Dickerhoff has sus tained substantial loos and unless he receives full recompense for hio damages, it will be necessary to file a suit against you, your company Michigan Silo Company, and The Monsanto Company, the producer of Cumar. We are sending a copy of this letter to Michigan Silo Company and to The Monsanto Company for their information. ./ If you are interested in settling this matter without litigation, I should be glad to hear from you at your earliest convenience. / Sincerely yours, yk- h.itcr.u^ JGKies John G. Ketterar, Counsel for Glenn Dickerhoff / cc: The Monsanto Company 800 North Lindbergh Blvd. St. Louis, Missouri Michigan Silo Company 901 Cherry Avenue, N. W. Massillon, Ohio /: CERTIFIED HAIL - RETURN RECEIPT REQUESTED / DSW 443502 STLCOPCB4057761 From the desk of L. R. PAPE W Thought you'd be interested in this. <o $ Co o STLCOPCB4057762 L. R. Pape - St. Louis July 27, 1970 Humphrey vs. Monsanto St A1 R. B. Chapman P. J. Dowd N. G. Jones Walt Waycboff Franklin and Marilyn Humphrey are large dairy farmers in Columbiana County, Ohio. The Humphrey's purchased a silo from Michigan Silo Company which was later coated on the interior walls with a coat ing containing Aroclor, allegedly manufactured by Monsanto. It is alleged the Aroclors permeated the feed, in turn contaminating the milk rendering it unfit for human consumption according to the standards of the State of Ohio Department of Agriculture. Mr. Hum phrey had to dispose of 2500 to 3000 pounds of milk per day in such a manner that it would not contami nate streams, livestock or vegetation. The Humphrey's are requesting damages in the amount of $500,000. This has been turned over to Liberty Mutual for handling on our behalf. /Jm DS\N 443504 STLCOPCB4057763