Document jyBwRj8pVZ7nkvevoDJKmZ9xO

CAUSE NO. A,000|492*C HOWARD MOTEN, ET AL V. dresser INDUSTRIES, INC. FORMERLY A SUCCESSOR IN INTEREST TO HARBISON-WALKER REFRACTORIES COMPANY IN THE DISTRICT COURT ORANGE COUNTY, TEXAS 128'6 JUDICIAL DISTRICT AFFIDAVIT OF ALBERTO. CORNFXISPN. JR. STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, this day personally appeared Albert 0. Coraellson, Jr., who upon being duly sworn, testified as follows: 1. My name is Albert 0. Comelison, Jr. I am of sound mind, capable of making this affidavit, and personally acquainted with, the facts herein stated. 2. I am Vice President and Associate General Counsel of Halliburton Company in charge oflitigaiion^Beginning in the Spring of 1994,1 held a similar position with Dresser Industries, Inc. ("Dresser''), until it merged with Halliburton in late 1998. In the course ofmy duties as an attorney for Dresser and Halliburton, I have become familiar with Dresser'* corporate history and have knowledge of the facts recited herein based on personal knowledge and my review of Dresser's corporate records. I have custody and control ofDresser's legal files. Attached hereto as Exhibits "A" and "B" are various record* pertaining to Dresser legal matters. The records represent communications and contracts made by Dresser and Halliburton employees and representatives. The records are kept by Dresser in the regular course of business, and it was th e regular course ofbasiness for on employee or representative of Dresser, with knowledge of the act, event, condition, opinion, or diagnoses, recorded to make the record or to transmit information thereofto be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are exact duplicates of the original. 3. t Pursuant to a Distribution Agreement dated July 174 1992, Dresser spun of$ with a few exceptions, all of the assets, properties. liabilities, and obligations of certain designated businesses (the `Transferred Businesses") of Dresser to Indresco, Inc. ('Tndro9co"), which was a Dresser subsidiary, and provided the owners of Dresser stack with new shares of Indresco. A tree and correct copy of the Distribution Agreement is attached hereto as Exhibit "A". Following the spin-off, Dresser was informed that Indresco reorganised and established its sub^TJijuy, Global Industrial ATFIPAVrr OF ALBERT oT CORNEUSON. JR. *ab&^lV)0VrCflrac4il( Ad9vU.wjxl PagcTl Technologies, Inc. ("Global") as parent in a bolding company structure and that, as part of the restructuring, Indresco Was renamed Harbisou-Walker Refractories Company ("New H-W"). Finally, Dresser was informed that Global was acquired and controlled by a company called RHI Refractories America. 4. One of the Transferred Businesses acquired by New H-W in the spin-off had been operated by Dresser as the "Hariiison-Walfcer Refractories Division" (the "H-WDivision1'), which at the time of the spin-off was subject to claims related to the alleged manufacture and distribution of asbestos containing products (the "H-W Claims"). The H-W Division was formed by Dresser after its merger in 1967 with the former Harbison-Walker Refractories Company ("Old H-W"). Ia connection with the spin-ofi; New H-W expressly assumed substantially all ofdie liabilities and obligations relating to or arising out ofthe Transferred Businesses, including the HW Claims to be filed after July 31, 1992. 5. Since the spin-ofE, Dresser has been sued for matters related to H-W Claims. When Dresser has been named as a defendant and served with process, it has been our practice pursuant to the Distribution Agreement to deliver the pleadings to New H-W or to its parent corporation for handling. 6. Dresser's records reflect that it was served with process on or about November 22, 2000, in. Howard Moten, etal v. Dresser Industries. Inc, in the 12S* Judicial District Court of Orange County, Texas. The records also show that on or about November 30,2000, Dresser forwarded handling ofthat matter to Mr. Donald Stratman, EsqVice President and fjeneral Counsel of RHI America for handling. Per the return receipt, the correspondence transmitting the citation was received in the offices of RHI America on or about December 4,2000. Attached hereto as Exhibit "B" is a true and correct copy of the correspondence forwarded to Mr. Stratman along with a copy of the certified mail receipt Dresser was unaware that New H-W had not forwarded the Moten Lawsuit to counsel for handling and that no answer had been filed until Dressex received notice of the default judgment from the clerk. "FURTHER, AFFIANT SAITH NOT." ; AFFIDAVIT OF ALBERT O- nQRNEZJSON. JR. 8 I IJ1V304CCoiYiVubb AiEd(fa-*vd P**2 SWORN TO AND SUBSCRIBED BEFORE ME, on this the certify which witness my band and official seal y ofJuly, 2001, to [SEAL] KATHY SEALE notary public Stata of Texas Cui 111 Exp 09-04-2001 Notary Public, state of Texas _________________ Printed Nam/of Notary Public Df I My Commission Expires AFFIDAVIT OF ALBERT O.COgyELISON, JR. Si\ttudiAlinle0400Me11ion Am<SvlLwpl Pse 1