Document a4mBNEY0gp5D5raYR0KZOgkmb

AFFIDAVIT STATE OF NORTH DAKOTA COUNTY OF lO ) ) I, Tom Morehouse, being first duly sworn upon oath, depose and state as follows: 1) My name is Tom Morehouse. My date of birth is 3/29/1961. I currently reside at 11615 35th St., Valley City.ND 58072. 2) My father is Almond Morehouse, bom 5/27/1923, deceased 4/3/2008. 3) Attached to this affidavit are four photographs, marked MOREHOUSE-1, MOREHOUSE-2, MOREHOUSE-3 and MOREI lOUSE-4, which depict a t quart container of J-M PipeTM Ring-Tite Lubricant. The front label of this container reads as follows: J-M PIPETM J-M Manufacturing Co., Inc. Ring-Tite Lubricant For assembly of Transite, PVC and Permastran Pipe with Ring-Tite Joints Contents: J Quart 4) On June 10, 2010, I found the container depicted in the attached photographs in my family's storage space located at 3505 Kathryn Rd. S., Valley City, ND, 5) To the best of my recollection, my father purchased the container depicted in the attached photographs between 1982 and 1986. 6) Consistent with my June 6, 2010 deposition testimony, my father and I used this lubricant material during our installation of J-M A/C asbestos-cement pipe throughout the 1980's. My father and I also used additional containers of this material while installing J-M A/C asbestos-cement pipe during this lime period. 7) The container depicted in the attached photographs has been in my possession since its purchase. From the time it was purchased until 1990, it was stored in my family's storage space located in the Miller Building, Hwy, 10 West, Valley City, ND. In 1990, the contents of this storage space were moved to the current location located at 3505 Kathryn Rd. S., Valley City, ND. 1 of 2 SC-JMM-0035 8) On June 12, 2010,1 sent the container depicted in the attached photographs to my attorneys, Simmons Browder Gianaris Angelides & Bamerd LLC. To my knowledge, this container is currently in their possession. Affiant Says Nothing Further. TOM MOREHOUSE Subscribed and Sworn to before me this (j? day of 2010. SANDRA JONGEWARD Notary Public State of North Dakota My Commission Expires July 11,2014 2 of 2 J-M Pipe J*M Manufacturing Co., Inc. Ring-Tite Lubricant ' or assembly of Trcinsite - .PVCand %mastran " Pipe with Ring-Tite Cental Quart mr & yM i> r Directions lor Applying: Stir lubricant thoroughly before using. Apply lubricant by sponge, cloth, glove or brush. For Translte Pressure and Non Pressure PlpesAffti thin coat evenly all the way around the pipe end -tea to the first shoulder. Do not lubricate the ftoj&owr the coupling. For PVC and Permastran: Apply a thin the way around the spigot end of the pipe - Do lubricate the ring groove In the bell, It W displacement of the ring. EXHIBIT Important lubricant must cover pipe circumference complete, * rubber ring may be displaced during assembly. Warning! Causes Irritation. Amid Contact with eyes and stdn. Wash thoroughly alter handling. Fbst Akfc In case of contact. Immediately Hush tyn with wale* lor 15 minutes. Call a physlcli n. Wadi id" with soap and water. i-M Manufacturing Co., Inc. Stockton, CA 95206 t<912>A EXHIBIT