Document RpppxYErMv2eQNwD1yOYL7nvX

Subject: Fwd: Thermoseal Date: Monday, June 13, 2011 3:37 PM From: John Conard Metcalf <jmetcalf@simmonsfirm.com> To: Conard Metcalf <jcmetcalf@comcast.net> Monday, June 13, 2011 7:56 PM Begin forwarded message: From: Yvette Scott <yscott@simmonsfirm.com> Date: June 13, 2011 8:11:18 AM MDT To: Perry Browder <pbrowder@simmonsfirm.com>, John Conard Metcalf <jmetcalf@simmonsfirm.com> Cc: Rose Mullikin <rmullikin@simmonsfirm.com> Subject: FW: Thermoseal Perry, Please see below regarding Richard Klinger. Did Anita ever reply on this? From: Perry Browder Sent: Monday, April 11, 2011 5:35 PM To: Anita Kidd Cc: Marty Mengarelli; Yvette Scott Subject: FW: Thermoseal Anita, please see the enclosed and give me a call when you get a chance. - Perry From: Marty Mengarelli Sent: Monday, April 11, 2011 5:12 PM To: Perry Browder Subject: Thermoseal Perry, I believe our research indicates that Thermoseal can be held liable for Richard Klinger. Richard Klinger started making asbestos gaskets in the 1880's in Europe. They incorporated as a Delaware corporation (Richard Klinger, Inc.) in 1967. They applied to do business in Ohio in 1976. In the application they listed that they intend "To import, manufacture, sell, and deal in and with asbestos and asbestos products..." Page 1 of 3 In answering a complaint that was filed in Connecticut, Klinger stated that from 1977 to 1994 its principle place of business was 2350 Campbell Road, Sidney, Ohio. Furthermore, it stated that it ceased to conduct business at that location in 1994. In 1994, Thermoseal, Inc. is incorporated in Ohio at the Klinger address in Sidney Ohio. In 2003, when Richard Klinger, Inc., filed a change of name with the Delaware Secretary of State to change its name to Sidney Facility Management, Inc., it listed as its principle place of business the same Sidney Ohio address being used by Thermoseal at that time. Our legal research has come up with 3 good arguments we could make to the court: 1) Thermoseal is a consolidation or merger of the two corporations; 2) Themoseal is merely a continuation of Klinger; and/or 3) The name change was merely a fraud in order to escape liability for Klinger. Let me know how you want to proceed. Marty This message is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately reply to this message or notify us by telephone at 800-479-9533 and delete the message. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, unless we expressly state otherwise, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein Page 2 of 3 Page 3 of 3