Document peVqzXkJJJ7L92nbEdd5qrLj7

E0W1N A PUTZKX.JR We* Prwmtm* Gtntnl Cauntd end Seeratgfy bcc: Messrs. H. S. Bergen, Jr. ) H. H. Bible Monsanto R. B. Chapman W. R. Corey R. Harris/W. E. McCurdy/W. A. 31a _________.&,./3L7V,,, a*.--Baaageopg-e Moments Compiny .. ` 800 N. Lindbergh Boulevard r. a. sconr ` J. F. Stapleton St. Louie. Mieeouri 83168 (314) 884*3829 1? March 1974 Mr. Walter A. Schlotterbeck Vice President and Corporate Counsel General Electric Company 570 Lexington Avenue New York, New York 10022 . . . Dear Mr. Schlotterbeck:. This is to advise you that on March 8, 1974, we received notification from our registered agent that on March 5, 1974, we had been served with pleadings naming Monsanto Company, along with General Electric Company and others, as defendants in two separate actions in the Circuit Court for Roane County, Tennessee. Ralph Hickey, Grace Hickey, Hugh Hickey, et al v. General Electric, Moss Trucking Company, Monsanto Company and Larry Pressley Circuit Court for Roane County, Tenn. No. 4548 George L. Galyon and Dorothy Galyon v. General Electricy. Moss Trucking Company, Monsanto Company and Larry Pressley Circuit Court of Roane County, Tenn. No. 4549 - Copies of pleadings in these cases are enclosed. These cases are based on an incident allegedly occurring on or about March 5, 1973 in Roane County, Tennessee, involving the alleged leakage of dielectric fluids containing polychlorinated biphenyls from a GE transformer in transit. HARTOLDMONOOQ5870 o -) Mr. Walter A. Schlotterbeck General Electric Company 15 March 1974 Page 2 Pursuant to the MSpecial Undertaking By Purchasers of Polychlorinated Biphenyls" agreement' between our companies dated January 21, 1972, Monsanto requests that you assume the defense of Monsanto in these actions and indemnify and hold Monsanto harmless from any Judgment which may be obtained against us. ' Please note that we believe an answer is due on our behalf in these cases within thirty days of date of service on us, which was March 5, 1974. In accordance with our agreement we stand ready to provide reasonable assistance to G.E. in the defense of these actions. We have advised our insurance carrier. The Travelers Insurance Company, of the pendency of these 3uits. We have also advised'" an attorney long associated with Monsanto on many matters and who previously had investigated certain aspects of this inci dent, Lon P. MacFarland, MacFarland, Colley, Blank & Jack, Middle Tennessee Bank Building, P. 0. Box 1004, Columbia, Tennessee 38401, of the pendency of these cases. We recom mend before answering or reaching any decision on local counsel or removal that you contact Mr. MacFarland, who will be co ordinating matters on these cases for Monsanto. We request and will look to you and your attorneys to work out satisfactory lines of communications with Mr. MacFarland, for keeping Monsanto and the Travelers informed of developments in these cases, and to obtain from us and from Travelers such reasonable assistance as we can give to the defense of these actions. Should you need to make contact directly with Monsanto on matters pertaining to the defense of Monsanto in these cases, will you please contact Wayne Withers here at our St. Louis offices. ' ' Best regards. Sincerely, Edwin J. Putzell, Jr. cc: Mr. Robert F. Conlon The Travelers Insurance Company, Hartford, Connecticut Mr. Karl F. Meyer The Travelers Insurance Company, St. Louis, Missouri Mr. Lon P. MacFarland I0S 003073 HARTOLDMONOOQ5871