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NO. 00-06-09976CV' KNOX EUGENE MANFORD, et al. i Plaintiffs vs. x (}AF CORPORATION, et al. i Defendants. IN THE DISTRICT COURT BROOKS COUNTY, TEXAS AFFIDAVIT OF J. ROBERT LEIGHTY I STATE OF OHIO COUNTY OF SHELBY ss Now comes J. Robert Leighty, being first duly cautioned and sworn, deposes and says that he is Chief Executive Officer of Thermoseal Inc. (hereinafter "Thermoseal") and that he has personal knowledge of all of the facts stated in this Affidavit and that they are true as he verily believes. 1. He is Chief Executive Officer of Thermoseal Inc. and is thoroughly knowledgeable as to all products manufactured, marketed, and/or sold by Thermoseal Inc. He is further personally acknowledgeable as to the period of time during which Thermoseal Inc. has manufactured and/or sold any products of any description. ' & 2. That Thermoseal was incorporated in the State of Ohio on March 2, 1994 and that it was not in existence in any way prior to that date and did not manufacture or sell any products of; any description prior to March 2, 1994. See Exhibit A being Certificate of Incorporation of the State of Ohio signed by Bob Taft, Secretary of State and incorporated herein by reference. 3. That he has caused the records of Thermoseal to be thoroughly researched to determine what sales had been made to UTEX by Thermoseal and the exact identity of the products sold by Thermoseal to UTEX. A copy of all sales documents evidencing every sale from Thermoseal to UTEX at any time since its incorporation in 1994 to the date of this Affidavit are attached hereto as Exhibit B and incorporated herein by reference. COOLIDGE, WALL, WOMSLEY a LOMBARD CO., L.P.A. 4. The documents relating to contacts, correspondence and sales to UTEX Industries Inc. show that certain sales were made to UTEX by Thermoseal first commencing on or about February 27, 1995 and ending with the last such sale on or about November 8, 2000. 5. The only sales made by Thermoseal to UTEX at any time as evidenced by Exhibit B, were for materials C-4409, C-4430, C-6400, C-4408, C-4500, C-4381 and C-4381. None of these materials contained any asbestos or asbestos products of any description. 6. Since its incorporation in 1994, Thermoseal has never manufactured, sold, marketed or advertised for sale any products which contain any asbestos. j j 7. Thermoseal has never, at any time, sold any products to UTEX, or any other entity of any description, containing any asbestos. '- FURTHER AFFIANT SAYETH NAUGHT. Sworn to before me and subscribed in my presence by the said J. Robert Leighty, this 2.1st day of DQcembg-C, 2001. 648302-389 S:\WDOX\CLIENT\648302\00389\00042916.DOC 12-20-01-1 JACQUELINE J RILEY Notary Public, State of Ohio My Commission Expires Sept, G, 20C4 t \ COOLIDGE, WALL. WOMSLEY& LOMBARD CO . L.P.A. 2 y XS w7>>C/y H \V*y{jr%Csy The State of Ohio Bob Taft Secretary of State 865583 Certificate is hereby certified that the Secretary of State of Ohio has custody of the Records of Incorporation and Miscellaneous lings; that said records show the filing and recording of: ARF MIS THERMOSEAL INC. ! of: United States of America State of Ohio Office of the Secretary of State Recorded on R.oll 9454 at Frame 0965 of. the Records of Incorporation and Miscellaneous Filings. Witness my hand and the seal of the Secretary of State at