Document YjyOBJNrKMVN1qmKLjqrYJrnk

Defendant will answer regarding its brief relationship wdth Smith & Kanzler Company, which relationship is described below. V From September 1967 until February 1969, Dana owned the stock of Smith & Kanzler Company, a New Jersey corporation located in Linden, New Jersey. Smith & Kanzler Company manufactured certain asbestos-containing products that had application in the building construction industry. Dana did.not incorporate Smith & Kanzler Company but came to own its stock as a result of the dissolution of Victor Manufacturing & Gasket Company ("Victor") in or after September 1967. Victor was at that time the sole shareholder of Smith & Kanzler Company.. In February 1969, less than 18 months after acquiring the stock of Smith & Kanzler Company, 'Dana sold the stock to Philip Carey Corporation (Ohio). Dana is not a successor-in-interest to Smith & Kanzler Company. Dana objects to any . reference or implication suggesting that Smith & Kanzler Company is Dana or that Dana is Smith & Kanzler Company. Dana specifically denies any such contention. Any answer by Dana referring to Smith & Kanzler Company is not to be construed as (and is not) an admission and/or agreement that D ana h ad a ny r elationship w ith S mith & K anzler C ompany o ther t han t hat indicated in this Preliminary Statement. Moreover, Dana specifically denies that it had any relationship, whatsoever, with Smith and Kanzler Corporation, a New Jersey corporation that was. dissolved in or about 1964. Dana also denies that it has any liability for any products manufactured or sold by Smith & Kanzler Company or Smith and Kanzler Corporation, or for any . acts sought to be attributed to either company. See In re School Asbestos Litigation, 1993 U.S. Dist. LEXIS 7984 (E.D. Pa. June 14, 1993) (granting summary judgment to Dana after ten years of litigation, and finding as a matter of law that Dana could not be held vicariously liable for