Document 5D4zvjykE2mOdD2qqzRmnnpQJ

PLAINTIFF'S EXHIBIT RA-326____ IN THE COURT OF COMMON PLEAS BUTLER COUNTY, OHIO ROGER DALE BLAKE, ET AL., -Against- Plaintiffs, CASE NO. CV96 01 0191 (Hon. George Elliott) A-BEST PRODUCTS COMPANY, ET AL., Defendants. DEFENDANT RAPED-AMERICAN CORPORATION'S SUPPLEMENTAL RESPONSES TO PLAINTIFFS' MASTER SET OF INTERROGATORIES Pursuant to the Ohio Rules of Civil Procedure, Defendant Rapid-American Corporation ("Rapid") by its attorneys, McCarthy, Lebit, Crystal & Haiman Co., L. P. A., hereby supplements its answers to Plaintiffs' Interrogatories Propounded to Defendant Rapid-American Corporation (the "Interrogatories") as follows: 3. Please describe Defendant's corporate history including any: i. Mergers; ii. Consolidations; iii. Asset purchases; iv. . Acquisitions; or v. Spinoffs. GWASVLAMnctIKr ANSWER: Rapid has never directly acquired any company that was itself involved in the manufacturing and/or sale of asbestos or asbestos-containing products. By agreement of merger dated October 5, 1972, Rapid-American Corporation, an Ohio corporation, did agree to merge with Glen Alden Corporation, a Delaware corporation. At the time of this October 5, 1972 merger, neither Rapid nor Glen Alden had any involvement whatsoever in the mining, manufacturing, sale or distribution of asbestos or asbestos-containing products, and neither has had any such involvement since October 5, 1972. On December 28, 1966, a plan and agreement of merger was executed by officers of The Philip Carey Manufacturing Company ("Old Carey") and Glen Alden Corporation. On May 31,1967, Old Carey ceased doing business, and all assets, properties, goodwill, business and liabilities were assigned to New Carey (The Philip Carey Manufacturing Company, an Ohio corporation formerly known as XPRU Corporation). New Carey was a wholly-owned independent subsidiary of Glen Alden Corporation which was never merged into Glen Alden Corporation or Rapid in any respect. On January 23, 1968, New Carey changed its name to Philip Carey Corporation. A certificate ofamendment to its articles of incorporation, evidencing this name change, was filed with the Secretary of State for the State of Ohio on February 16, 1968. On April 9, 1970, New Carey (Philip Carey Corporation) was merged into Briggs Manufacturing Company, a Michigan corporation, which simultaneously changed its name to Panacon Corporation. On April 17, 1972, Glen Alden Corporation, a majority stockholder in Panacon Corporation (owning 6,528,739 shares of common stock of Panacon Corporation out of a total of 7,356,000 shares ofclass A Common Stock ofPanacon) entered into an agreement whereby the stock ofPanacon owned by Glen Alden was sold to The Celotex Corporation. By June 30, 1972, Panacon cvusvtAnrTeturr -2- y?bT7tH M Corporation and its Philip Carey business was fully merged into The Celotex Corporation, and Glen Alden Corporation had no further involvement with Philip Carey or Panacon as shareholder or otherwise after these transactions in April through June, 1972. It was on October 5, 1972, several months after Celotex acquired Panacon and the Philip Carey business and several months after Glen Alden had ceased in its role as a shareholder of Panacon, that Rapid-American Corporation, an Ohio corporation, entered into an agreement of merger with Glen Alden Corporation. Rapid did not acquire any of Philip Carey or Panacon's property, operations, records, documents, patents, trademarks, goodwill, plants, operations, assets or any other aspect whatsoever of the Philip Carey business. No officer of Old Carey ever became an officer ofRapid. No employee of Old Carey ever became an employee of Rapid. 4. Please state whether or not the Defendant has purchased, assumed, or in any other manner acquired any of the assets and/or liabilities of any corporation or entity (such corporations or entities being limited to those engaged in the mining, selling, manufacturing, marketing or distribution of asbestos-containing products.) If so, please state the following: vi. The name of each such corporation or entity; vii. Date of acquisition; viii. The nature of the company as it relates to asbestos. ANSWER: See answer to Interrogatory No. 3. GYUSWaHIWIKT -3- KVfUMN 55. Does Defendant admit that service of process was properly had on it in these cases? If not, please state why. ANSWER: Yes. Dated: March 27, 1997 Respectfuljy^ubmitted, Dfmd AT- Schaefer McCarthy, lebit, crystal & HAIMANCO., L.P.A. 1800 Midland Building 101 Prospect Avenue, West Cleveland, OH 44115-1088 (216) 696 - 1422 Richard Adam Senzer RUBIN BAUM LEVIN CONSTANT & FRIEDMAN 30 Rockefeller Plaza 29th Floor New York, New York 10112 (212) 698 - 7700 ATTORNEYS FOR DEFENDANT RAPID-AMERICAN CORPORATION CWASVtAWJWUHT -4- y2tn?*i4 VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK I, PAUL WEINER, am Vice-President of RAPID-AMERICAN CORPORATION, and am duly authorized to execute, under oath and on behalf of RAPID-AMERICAN CORPORATION, the attached Rapid-American Corporation's Supplemental Responses to Plaintiffs' Master Set of Interrogatories. The information set forth in these Responses was collected by corporate personnel and other persons with knowledge of the facts; such information is not necessarily within my personal knowledge. However, on behalfofthe corporation I solemnly affirm, under the penalties of perjury, that the foregoing Responses are true and accurate to the best of my knowledge, information and belief. PAUL WEINER SUBSCRIBED AND SWORN TO BEFORE ME on this the ddaayy of by the said PAUL WEINER, to certify which witness my hand and official seal. I , 1997 try Public, in and for the State of l\)lU) Yr)( iMy c_ o_ m____m__ iss.ion expires: CERTIFICATE OF SERVICE A copy of Defendant Rapid American Corporation's Supplemental Responses to Plaintiffs' Master Set of Interrogatories has been mailed this ______ day of April, 1997 to Steven D. Wolens, Esq., Baron & Budd, The Centrum, Suite 1100,3102 Oak Lawn Avenue, Dallas, TX 75219. y___________________ __ DAVID A. SCHAEFER