Document aB85BENd8gKGG0GjGOxYxY0ON

FILED 1935 JUL 30 FM I2: 0W8OUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Herman A. Dendinger, et al.. Plaintiffs v Chrysler Plastic Products Corporation, et al.. Defendants No. C 84-7854 [Hon. John W. Potter] MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT Defendants The Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, and Diamond Shamrock Chemicals Company, move the court for entry of an order striking, as improvidently filed, plaintiffs' first amended complaint. The record indicates that the first amended complaint was filed without consent of the adverse party, or without permission from the court, all as required by F.R.C.P. 15. In support of their motion to strike, defendants adopt in its entirety the memorandum in support of the motion to strike the first amended complaint previously submitted by defendant Chrysler Plastic Products Corporation. UCC 082981 Of Counsel for Defendants The Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation and Diamond Shamrock Chemicals Company: FULLER & HENRY 1200 Edison Plaza P. 0. Box 2088 Toledo, Ohio 43603 P. 0. Box 2088 Toledo, Ohio 43603 Telephone: (419) 255-8220 Trial Counsel for Defendants The Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation and Diamond Shamrock Chemicals Company CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion to Strike Plaintiffs' First Amended Complaint was duly served by ordinary mail, postage prepaid, upon Kirk J. Delli Bovi, Esquire, attorney for plaintiffs, at his office at Murray Building, 300 Central Avenue, Sandusky, Ohio 44870; upon M. Donald Carmin, Esquire, attorney for defendants Chrysler Plastic Products Corporation, Norman P. Phillips, Albert W. Cramer and Robert D. Gustine, at his office at 800 United Savings Building, Toledo, Ohio 43604; upon Craig D. Barclay, Esquire, attorney for defend ant Monsanto Company, at his office 37 West Broad Street, Columbus, Ohio 43215; and upon Willis P. Jones, Jr., Esquire, -2- UCC 082982 attorney for defendant Kanematsu-Gosho (USA), Inc., at his office at 200 Toledo Legal Building, 416 N. Erie Street, Toledo, Ohio 43624, this 29th day of July, 1985. An^ttorn^yj^for Defendants - C^rhe Goodyear Tire ^Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation and Diamond Shamrock Chemicals Company UCC 082983 3- -