Free Notice of Removal - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : : Plaintiffs, : : v. : : ADEL WIGGINS GROUP; AEROJET: GENERAL CORPORATION; AIR COOLED : MOTORS; BELL HELICOPTER TEXTRON : INC.; THE BOEING COMPANY; CBS : CORPORATION (f/k/a Viacom Inc., Successor by : merger to CBS Corporation, f/k/a Westinghouse : Electric Corporation); CESSNA AIRCRAFT : RHODE ISLAND INC.; CURTISS-WRIGHT : CORPORATION; FLETCHAIR, INC.; : FRANKLIN AIRCRAFT ENGINES, INC.; : GARLOCK SEALING TECHNOLOGIES LLC : (successor by merger to Garlock, Inc.); GENERAL : ELECTRIC COMPANY; GENERAL MOTORS : CORPORATION; GOODRICH CORPORATION, : A NEW YORK CORPORATION (f/k/a B.F. : Goodrich Company); THE GOODYEAR TIRE & : RUBBER COMPANY; HAWKER : BEECHCRAFT, INC. (f/k/a Raytheon Aircraft : Company); HONEYWELL INTERNATIONAL : INC. (f/k/a Alliedsignal, Inc., as successor-in: Interest to The Bendix Corporation); IMO : INDUSTRIES INC.; LYCOMING ENGINES; : NORTHROP GRUMMAN CORPORATION; : PARKER-HANNIFIN CORPORATION; PRATT : & WHITNEY ROCKETDYNE, INC. (f/k/a Pratt &: Whitney Aircraft Company); RAYTHEON : COMPANY; ROLLS-ROYCE NORTH : AMERICA, INC.; SIKORSKY AIRCRAFT : CORPORATION; TELEDYNE CONTINENTAL : MOTORS INC., TEXTRON INC.; UNION : CARBIDE CORPORATION; UNITED : TECHNOLOGIES CORPORATION; VOUGHT : AIRCRAFT INDUSTRIES, INC., : : Defendants. : FREDERICK SEITZ and MARY LOUISE SEITZ, his wife C.A. No. Jury of Twelve Demanded State Court No.: 08C-04-247 ASB

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NOTICE OF REMOVAL

Bell Helicopter Textron Inc. ("Bell") hereby removes the above captioned matter to this Court and states the following in support thereof: 1. Plaintiffs commenced this action by filing a complaint in the Superior Court of the

State of Delaware on April 25, 2008. Ex. A. In accordance with 28 U.S.C. § 1446(a), a copy of the process served upon Bell is attached as Exhibit B. A copy of the only pleading served upon Bell in the state court is attached as Exhibit C. 2. In the state court, the sheriff served Bell through its registered agent on May 13,

2008. This removal is timely under 28 U.S.C. § 1446(b) because Bell removed the action within thirty days of that service of process. Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350-51 (1999). 3. Venue is proper pursuant to 28 U.S.C. § 1442(a) because the District of Delaware

embraces all state courts within Delaware, including the Superior Court. 4. In the complaint, Frederick Seitz alleges asbestos exposure and consequential disease

(mesothelioma). His wife brings a derivative loss of consortium claim. Plaintiffs allege that Mr. Seitz's disease is attributable to thirty defendants, and that defendants specified, manufactured, distributed, sold, licensed, leased, installed, removed, or used asbestos and asbestos-containing products. Ex. A at ¶ 36. Plaintiffs also allege that defendants developed, manufactured, distributed, sold, licensed, or leased equipment, procedures, or technology necessary to mine, manufacture, sell, distribute, install, remove, and use asbestos and asbestos-containing products. Id. at ¶ 36. Plaintiffs assert that Mr. Seitz worked with, inhaled, ingested, or otherwise absorbed asbestos fibers during the course of his employment, including as an electrician apprentice, a mechanic, and a pilot. Id.

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at ¶ 37. Plaintiffs further allege non-occupational asbestos exposure during maintenance and repair work on personal aircraft. Id. 5. Mr. Seitz's purported occupational asbestos exposure, some of which plaintiffs

attribute to Bell, relates to his employment at Central Arizona Aviation, IDS, Dakota Bake and Serve, Imperial Airways, the United States Marine Corps, the United States Coast Guard, and Bell Helicopter. Id. at ¶ 3. Plaintiffs also assert that Mr. Seitz attended an aviation mechanical school training program in Quantico, Virginia in 1946. Id. at ¶ 4. 6. All of Bell's products that could have been a source of Mr. Seitz's alleged asbestos

exposure were manufactured and delivered to the United States pursuant to contracts and specifications mandated by the United States. 7. The federal officer removal statute permits the "United States or any agency thereof

or any officer (or any person acting under that officer) of the Untied States or of any agency thereof, sued in an official or individual capacity for any act under color of such office" to remove an action to federal court. 28 U.S.C. § 1442(a)(1). 8. Federal officer removal is proper where a defendant can: (1) demonstrate that it is

a person within the meaning of the statute; (2) establish that it acted under the direction of a federal agency or officer; (3) raise a colorable federal defense; and (4) demonstrate a causal nexus between the federal direction and the conduct in question. Feidt v. Owens Corning Fiberglass Corp., 153 F.2d 124, 127 (3d Cir. 1998) (citing Mesa v. California, 489 U.S. 121, 129 (1989)). 9. Bell can remove this action pursuant to 28 U.S.C. § 1442 because, at all times and

for all events relevant, it acted under an officer of the United States under color of such office. See Winters v. Diamond Shamrock Chem. Co., 149 F.3d 387 (5th Cir. 1998), cert. denied, 526 U.S. 1034

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(1999); Magnin v. Teledyne Cont'l Motors, 91 F.3d 1424 (11th Cir. 1996); Lopez v. Three Rivers Elec. Co-op, 166 F.R.D. 411, 412 (E.D. Mo. 1996); Jones v. Three Rivers Elec. Coop., 166 F.R.D. 413, 414 (E.D. Mo. 1996). Furthermore, Section 1442(a) authorizes removal without the consent of any other defendants. See Elv Valley Mines, Inc. v. Hartford Accident & Indem. Co., 64 F.2d 1310, 1315 (9th Cir. 1981) ("federal officer . . . can remove without other defendants joining in the petition, and the entire case is removed to the federal court.") 10. Bell is a "person[]" within the meaning of § 1442(a)(1). Willingham v. Morgan, 395

U.S. 402, 406 (1969). The statute's "color of office" requirement is neither "limited" or "narrow," and the Court should afford the statute a broad reading to avoid frustrating the statute's underlying rationale. Murray v. Murray, 621 F.2d 103, 107 (5th Cir. 1980). The right to remove arises when there is a single "federal interest in the matter." Willingham, 395 U.S. at 406. See also Mesa v. California, 489 U.S. 121, 129 (1989) ("'Nor is it any objection that questions are involved which are not all of a Federal character. If one of the latter exist, if there be a single such ingredient in the mass, it is sufficient. That element is decisive upon the subject of jurisdiction.") (quoting The Mayor v. Cooper, 73 U.S. 247, 253 (1867) (emphasis in original)). Further, a federal defense allowing removal must only be plausible--its ultimate validity is not to be determined at the time of removal. Mesa, 489 U.S. at 129. 11. During all of Mr. Seitz's alleged asbestos exposure while serving in the military (as

a mechanic and helicopter pilot), the only Bell products which he would have worked or flown on--the Bell UH-1 (Huey) and AH-1 (Cobra)--were manufactured and delivered under contracts with the United States pursuant to precise military specifications controlled by the United States. Those specifications called out every design detail and controlled the design and manufacture of

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those military products. See Teague v. Bell Helicopter Srvs., Inc., 2003 WL 21135481, at *1-4 (N.D. Tex. 2003) (holding, based on a declaration by William T. Wilson detailing extensive interaction between the government and Bell in carrying out contracts for helicopters (including the UH-1 and AH-1 series), that Bell acted pursuant to directions by the United States in contracting to design and manufacture military helicopters, and that a causal nexus existed between Bell's actions (under color of federal office) and the plaintiffs' claims); see also Dewey v. Asbestos Defs., No. C04-4645 MMC (N. D. Cal. Jan. 3, 2005) (holding, based on a declaration by William T. Wilson attesting that the United States had direct control over the design and production of UH-1 helicopters (and later variants) and that Bell helicopters were built according to government specifications, that Bell demonstrated that it acted under the direction of a federal officer in manufacturing UH-1 helicopters, and that a causal nexus sufficient for removal existed under 28 U.S.C. § 1442(a)(1)) (Ex. D). Consequently, Bell "act[ed] under" an officer of the United States when its companies designed and manufactured the military products in question. Bell's actions, therefore, are inseparable from the associated, and pervasive, government specification, regulation, and oversight. Thus, a sufficient nexus exists between the alleged actions, all at government direction, and plaintiffs' claims for relief in this matter. 12. Bell's answer to the complaint sets out the "government contractor defense"

articulated by the United States Supreme Court in Boyle v. United Technologies, Inc., 487 U.S. 500 (1988), and followed by Kerstetter v. Pacific Scientific Co., 210 F.3d 431 (5th Cir. 2000), Tate v. Boeing Helicopters, 55 F.3d 1150 (6th Cir. 1995), Harduvel v. General Dynamics Corp., 878 F.2d 1311 (11th Cir. 1989), and Ramey v. Martin Baker Aircraft Co., 874 F.2d 946 (4th Cir. 1989). Ex. E at p. 10. The defense is based on the fact that the United States controlled and approved the

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design of the military products at issue. See Teague, 2003 WL 21135481, at *1-4, and Ex. D (recognizing right to remove where Bell submitted evidence that the United States set forth detailed specifications for helicopters built by Bell mandating the use of asbestos and giving Bell no discretion in its use of asbestos in the helicopters, and that UH-1 helicopters were made exclusively for military use and Bell possessed no knowledge of the dangers concerning design, materials, painting, and markings for helicopters and component parts which the Unites States was not already aware). Accordingly, Bell raised a "colorable" defense under federal law that it is immune to civil prosecution for actions taken at the direction of the United States. 13. 28 U.S.C. § 1442(a) authorizes removal without the consent of any other defendant

and the entire case is removed to federal court. Fowler v. S. Bell Tel. & Tel. Co., 343 F.2d 150, 152 (5th Cir. 1965). 14. Removal is authorized by sections (a) and (b) of 28 U.S.C. §§ 1441, because the

federal courts would have original, federal question jurisdiction over the case pursuant to 28 U.S.C. § 1331. Federal question jurisdiction exists because the United States has so completely preempted the field of aircraft design, maintenance, operation, and safety, that the regulation and standard of care appropriate for the entire field of military and civilian aviation is preempted by, and governed by, federal law, and because plaintiffs' claims against Bell are necessarily federal in nature. 15. 28 U.S.C. § 1441(c) permits removal of the entire cause of action when jurisdiction

is conferred by 28 U.S.C. § 1331. The consent of the other defendants is not required where removal is sought pursuant to 28 U.S.C. § 1441. 16. Bell will give notice of the removal in state court, as required by 28 U.S.C. § 1446(d),

and request that the state court proceed no further unless and until this Court remands the case.

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WHEREFORE, Bell Helicopter Textron Inc. hereby removes the above-captioned action from the state court and to the United States District Court for the District of Delaware.

SMITH, KATZENSTEIN & FURLOW LLP Of counsel: M. Douglas Eisler Ryan Lane Leonard Wilson Elser Moskowitz Edelman & Dicker LLP Independence Square West The Curtis Center, Suite 1130 East Philadelphia, Pennsylvania 19106-3308 (215) 627-6900 (215) 627-2665 (facsimile) June 11, 2008 /s/ Robert K. Beste Robert K. Beste, III (No. 3931) Post Office Box 410 Wilmington, Delaware 19899 (302) 652-8400 (302) 652-8405 (facsimile) [email protected]

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EXHIBIT A

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Filed 06/11/2008 Page 2 of 40 EFiled: Apr 25 2008 4:06PM EDT Transaction ID 19576189 Case No. 08C-04-247 ASB IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

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-------------------------------X IN RE: ASBESTOS LITIGATION: : : FREDERICK SEITZ and : MARY LOUISE SEITZ, his wife : : Plaintiffs, : : v. : : ADEL WIGGINS GROUP; : : AEROJET-GENERAL CORPORATION; : : AIR COOLED MOTORS; : : BELL HELICOPTER TEXTRON INC.; : : THE BOEING COMPANY; : : CBS CORPORATION (f/k/a Viacom Inc., : successor by merger to CBS Corporation, : f/k/a Westinghouse Electric Corporation); : : CESSNA AIRCRAFT RHODE ISLAND : INC.; : : CURTISS-WRIGHT CORPORATION; : : FLETCHAIR, INC.; : : FRANKLIN AIRCRAFT ENGINES, INC.; : : GARLOCK SEALING TECHNOLOGIES : LLC (successor by merger to Garlock, Inc.); : : GENERAL ELECTRIC COMPANY; : : GENERAL MOTORS CORPORATION; : : GOODRICH CORPORATION, A NEW : YORK CORPORATION (f/k/a B.F. : Goodrich Company); : : THE GOODYEAR TIRE & RUBBER :
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C.A. No. COMPLAINT ASBESTOS JURY TRIAL DEMANDED

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COMPANY; HAWKER BEECHCRAFT, INC. (f/k/a Raytheon Aircraft Company);

:

: : : HONEYWELL INTERNATIONAL INC. : (f/k/a Alliedsignal, Inc., as successor-in: interest to The Bendix Corporation); : : IMO INDUSTRIES INC.; : : LYCOMING ENGINES; : : NORTHROP GRUMMAN : CORPORATION; : : PARKER-HANNIFIN CORPORATION; : : PRATT & WHITNEY : ROCKETDYNE, INC. (f/k/a Pratt & : Whitney Aircraft Company); : : RAYTHEON COMPANY; : : ROLLS-ROYCE NORTH AMERICA INC; : : SIKORSKY AIRCRAFT CORPORATION; : : TELEDYNE CONTINENTAL MOTORS, : INC., : : TEXTRON INC.; : : UNION CARBIDE CORPORATION; : : UNITED TECHNOLOGIES : CORPORATION; : : VOUGHT AIRCRAFT : INDUSTRIES, INC.; : : Defendants. : -----------------------------X

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COMPLAINT Come now Plaintiffs, FREDERICK SEITZ and MARY LOUISE SEITZ, by and through their attorneys, THE LAW OFFICE OF JOSEPH J. RHOADES and LEVY PHILLIPS & KONIGSBERG LLP, and in support of their claims against the Defendants, state as follows: 1. was born on 2. Plaintiff FREDERICK SEITZ's full name is FREDERICK HENRY SEITZ. He his Social Security number is Plaintiff FREDERICK SEITZ and his wife MARY LOUISE SEITZ have resided

at 2815 Sage Street, Colorado Springs, Colorado 80907 since approximately 1985. FREDERICK SEITZ's former residences include but are not limited to: 15190 E. Coachman, Colorado Springs, Colorado from approximately 1977 to 1985; in or around Fargo, North Dakota in approximately 1975; in or around Jamestown, North Dakota from approximately 1974 to 1975; 306 Lake Shore Drive, Lakeville, Minnesota from approximately 1969 to 1974; in or around Kansas City, Missouri from approximately 1967 to 1969; Palo Circle, Arbutus, Maryland from approximately 1966 to 1967; Marine Corps Air Base, New River, North Carolina in approximately 1965; Marine Corps Air Base, Cherry Point, North Carolina from approximately 1961 to 1964; in or around Quantico, Virginia in approximately 1961; Wellham Avenue, Glen Burnie, Maryland from approximately 1960 to 1961; Marine Corps Air Base, New River, North Carolina from approximately 1957 to 1959; Ellyson Field, Florida in approximately 1957; Marine Corps Air Base, Cherry Point, North Carolina from approximately 1955 to 1957; in or around Pensacola, Florida from approximately 1952 to 1955; 239 Meadow Road, Baltimore, Maryland from approximately 1951 to 1952; Marine Corps Air Base, Cherry Point, North Carolina from approximately 1950 to 1951; in or around Pensacola, Florida from approximately 1949 to 1950; Marine Corps Air Base, Cherry Point, North Carolina from approximately 1947 to

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1948; in or around Woodbridge, Virginia from approximately 1946 to 1947; in or around Paris Island, South Carolina in approximately 1946; 317 Edison Street, Brooklyn Park, Maryland from approximately 1936 to 1946; in or around Brooklyn, Maryland from approximately 1934 to 1936; East of Patterson Park, Baltimore, Maryland from approximately 1931 to 1934; and Bradley Alley, Baltimore, Maryland from approximately 1929 to 1931. Additionally, FREDERICK SEITZ was deployed to various locations overseas during the Korean and Vietnam wars. 3. FREDERICK SEITZ was employed at Central Arizona Aviation, located at

Falcon Field, Mesa, Arizona, as a Supervisor and Manager from approximately 1986 to 1988; at IDS, located at 2345 N. Academy, Colorado Springs, Colorado, as an Investment Advisor from approximately 1977 to 1981; at Dakota Bake and Serve, located in Jamestown, North Dakota, as an Executive Staff Chief Pilot, Aircraft Maintenance and Support from approximately 1974 to 1976; at Imperial Airways, located in St. Paul, Minnesota as an Executive Vice President from approximately 1969 to 1973; at Bell Helicopter, located in Kansas City, Missouri as a Commercial Regional Marketing Manager, from approximately 1967 to 1969; in the United States Marine Corps, at the various previously listed locations, as a Mechanic and Pilot, from approximately 1946 to 1967; and in the United States Coast Guard, located at the Curtis Bay Coast Guard Station, Baltimore, Maryland as an Electrician Apprentice in approximately 1944. 4. Plaintiff FREDERICK SEITZ attended Aviation Mechanical School training

program, Quantico, Virginia in approximately 1946. Plaintiff's Aviation and Mechanical training included complete maintenance and repair of United States Marine Corps aircrafts, including but not limited to replacing and repairing brakes, gaskets, wiring, engines and fire sleeving.

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5.

One or more defendants are citizens of the State of Delaware, and this action is

not properly removable on any jurisdictional basis. 6. Defendant Adel Wiggins Group is a foreign business entity doing business in the

State of Delaware and subject to service of process pursuant to 10 Del. C. § 3104(c) by service upon the Secretary of State of the State of Delaware. Adel Wiggins Group's address for receipt of process is Attn: Officer/Agent, 5000 Triggs Street, Los Angeles, CA 90022. 7. Defendant Aerojet ­ General Corporation is a foreign business entity doing

business in the State of Delaware. Its registered agent for service of process within the State of Delaware is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 8. Defendant Air Cooled Motors is a foreign business entity doing business in the

State of Delaware and subject to service of process pursuant to 10 Del. C. § 3104(c) by service upon the Secretary of State of the State of Delaware. Air Cooled Motor's address for receipt of process is 94 Hale Drive, Walterboro, SC 29488. 9. Defendant Bell Helicopter Textron Inc., is a Delaware corporation whose

registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 10. Defendant The Boeing Company is a Delaware corporation whose registered

agent for service of process is Corporation Service Company located at 2711 Centerville Road Suite 400, Wilmington, DE 19808. 11. Defendant CBS Corporation (f/k/a Viacom Inc., successor by merger to CBS

Corporation, f/k/a Westinghouse Electric Corporation) is a Delaware corporation whose

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registered agent for service of process is Corporation Service Company located at 2711 Centerville Road Suite 400, Wilmington, DE 19808. 12. Defendant Cessna Aircraft Rhode Island Inc., is a Delaware corporation whose

registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 13. Defendant Curtiss-Wright Corporation a Delaware Corporation whose registered

agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 14. Defendant FletchAir, Inc., is a foreign business entity doing business in the State

of Delaware and subject to service of process pursuant to 10 Del. C. § 3104(c) by service upon the Secretary of State of the State of Delaware. FletchAir, Inc.'s address for receipt of process is Attn: Officer/Agent, 118 FM 1621, Comfort, TX 78013-3425. 15. Defendant Franklin Aircraft Engines, Inc. is a foreign business entity doing

business in the State of Delaware and subject to service of process pursuant to 10 Del. C. § 3104(c) by service upon the Secretary of State of the State of Delaware. Franklin Aircraft Engines, Inc.'s address for receipt of process is Attn: Officer/Agent, Ft. Collins, CO 80524. 16. Defendant Garlock Sealing Technologies LLC (successor by merger to Garlock,

Inc.) is a Delaware corporation whose registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. 17. Defendant General Electric Company is a foreign business entity doing business

in the State of Delaware. Its registered agent for service of process within the State of Delaware

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is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 18. Defendant General Motors Corporation is a Delaware corporation whose

registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 19. Defendant Goodrich Corporation, A New York Corporation, (f/k/a B.F. Goodrich

Company) is a foreign business entity doing business in the State of Delaware. Its registered agent for service of process within the State of Delaware is Corporation Service Company located at 2711 Centerville Road, Suite 400, Wilmington, DE 19808. 20. Defendant The Goodyear Tire & Rubber Company is a foreign business entity

doing business in the State of Delaware. Its registered agent for service of process within the State of Delaware is Corporation Service Company located at 2711 Centerville Road Suite 400, Wilmington, DE 19808. 21. Defendant Hawker Beechcraft, Inc. (f/k/a Raytheon Aircraft Company) is a

Delaware corporation whose registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 22. Defendant Honeywell International Inc. (f/k/a Alliedsignal, Inc., as successor-in-

interest to The Bendix Corporation) is a Delaware corporation whose registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 23. Defendant IMO Industries Inc., is a Delaware corporation whose registered agent

for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801.

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24.

Defendant Lycoming Engines is a foreign business entity doing business in the

State of Delaware and subject to service of process pursuant to 10 Del. C. § 3104(c) by service upon the Secretary of State of the State of Delaware. Lycoming Engines' address for receipt of process is Attn: Officer/Agent, 652 Oliver Street, Williamsport, PA 17701. 25. Defendant Northrop Grumman Corporation is a Delaware corporation whose

registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 26. Defendant Parker-Hannifin Corporation is a foreign business entity doing

business in the State of Delaware. Its registered agent for service of process within the State of Delaware The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 27. Defendant Pratt & Whitney RocketDyne, Inc. (f/k/a Pratt & Whitney Aircraft

Company) is a Delaware corporation whose registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 28. Defendant Raytheon Company is a Delaware corporation whose registered agent

for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 29. Defendant Rolls-Royce North America Inc. is a Delaware Corporation whose

registered agent for service of process is Corporation Service Company located at 2711 Centerville Road Suite 400, Wilmington, DE 19808.

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30.

Defendant Sikorsky Aircraft Corporation is a Delaware corporation whose

registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 31. Defendant Teledyne Continental Motors, Inc. is a Delaware corporation whose

registered agent for service of process is National Corporate Research, Ltd. located at 615 South DuPont Highway, Dover, DE 19901. 32. Defendant Textron Inc., is a Delaware corporation whose registered agent for

service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 33. Defendant Union Carbide Corporation is a foreign business entity doing business

in the State of Delaware. Its registered agent for service of process within the State of Delaware is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 34. Defendant United Technologies Corporation is a Delaware corporation whose

registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 35. Defendant Vought Aircraft Industries, Inc. is a Delaware corporation whose

registered agent for service of process is The Corporation Trust Company located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 36. All Defendants herein were at all times pertinent, directly or indirectly engaged in

the specification, mining, manufacturing, distribution, sales, licensing, leasing, installation, removal or use of asbestos and asbestos-containing products.1 They were also engaged in the

1

Throughout this Complaint, Plaintiff's references to "asbestos containing products" includes asbestos, asbestos-

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development, manufacture, distribution, sales, licensing or leasing of equipment, procedures, or technology necessary to mine, manufacture, sell, distribute, install, remove and use asbestos and asbestos-containing products. 37. FREDERICK SEITZ was wrongfully exposed to and inhaled, ingested or

otherwise absorbed asbestos fibers, an inherently dangerous toxic substance, emanating from certain products he was working with and around, as described below: a. FREDERICK SEITZ was exposed to asbestos occupationally in the course of his employment as an electrician apprentice, mechanic, and a pilot at the above listed locations from approximately 1944 to 1970. He was exposed to asbestos from a variety of aircraft mechanical asbestos containing products including but not limited to: brakes, clamps, engines and engine parts, and gaskets. b. FREDERICK SEITZ was exposed to asbestos non-occupationally (i.e. household exposure) while performing maintenance and repair work on his own personal aircrafts throughout his life. He was exposed to asbestos from a variety of aircraft mechanical asbestos containing products including but not limited to: brakes, clamps, engines and engine parts, and gaskets. c. FREDERICK SEITZ may have been further exposed to asbestos in such a manner as further investigation and/or discovery may uncover.

FREDERICK SEITZ was exposed to asbestos and asbestos-containing products which were manufactured, sold, distributed, or installed by the Defendants: ADEL WIGGINS GROUP; AEROJET-GENERAL CORPORATION; AIR COOLED MOTORS; BELL HELICOPTER TEXTRON INC.; THE BOEING COMPANY; CBS CORPORATION (f/k/a Viacom Inc., successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation); CESSNA AIRCRAFT RHODE ISLAND INC.; CURTISS-WRIGHT CORPORATION; FLETCHAIR, INC.; FRANKLIN AIRCRAFT ENGINES, INC.; GARLOCK SEALING TECHNOLOGIES LLC (successor by merger to Garlock, Inc.); GENERAL ELECTRIC COMPANY; GENERAL

containing products, products designed to be used with asbestos-containing products, and/or products that it was foreseeable would be used with asbestos-containing products.

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MOTORS CORPORATION; GENUINE PARTS COMPANY; GOODRICH CORPORATION, A NEW YORK CORPORATION (f/k/a B.F. Goodrich Company); THE GOODYEAR TIRE & RUBBER COMPANY; HAWKER BEECHCRAFT, INC. (f/k/a Raytheon Aircraft Company); HONEYWELL INTERNATIONAL INC. (f/k/a Alliedsignal, Inc., as successor-in-interest to The Bendix Corporation); IMO INDUSTRIES INC.; LYCOMING ENGINES; NORTHROP GRUMMAN CORPORATION; PARKER-HANNIFIN CORPORATION; PRATT &

WHITNEY ROCKETDYNE, INC. (f/k/a Pratt & Whitney Aircraft Company); RAYTHEON COMPANY; ROLLS-ROYCE NORTH AMERICA INC; SIKORSKY AIRCRAFT

CORPORATION; TELEDYNE CONTINENTAL MOTORS, INC.; TEXTRON INC.; UNION CARBIDE CORPORATION; UNITED TECHNOLOGIES CORPORATION; and VOUGHT AIRCRAFT INDUSTRIES, INC. 38. At all times herein set forth, the Defendants' products were being employed in the

manner and for the purposes for which they were intended. 39. FREDERICK SEITZ's exposure to and inhalation, ingestion or absorption of

asbestos fibers emanating from the use of the above-mentioned products was completely foreseeable and could or should have been anticipated by the Defendants. 40. The Defendants knew or should have known that the asbestos fibers contained in

their products and/or the products with which their products were designed to be used had a toxic, poisonous, and highly deleterious effect upon the health of persons inhaling, ingesting or otherwise absorbing them. 41. FREDERICK SEITZ suffers from an asbestos-related disease(s), including but

not limited to mesothelioma. FREDERICK SEITZ first became aware that he suffered from said disease(s) in approximately March of 2008 and subsequently thereto, became aware that the

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same was wrongfully caused. As a result of developing mesothelioma, FREDERICK SEITZ has endured and continues to endure great physical pain and suffering, mental anguish and emotional pain and suffering. Further, as a result of Defendants' wrongful conduct, FREDERICK SEITZ is required to receive and receives medical treatment to mitigate his asbestos related disease, incurring reasonable and necessary costs for medical care, diagnosis and treatment. COUNT I NEGLIGENCE 42. The allegations in paragraphs One (1) through Forty One (41) above are realleged

and incorporated by reference within this Count. Plaintiffs' recovery herein is predicated upon the substantive law of the State of North Carolina or such law as the Court holds to be applicable. 43. At all times herein relevant, the Defendants had a duty to exercise reasonable care

and caution for the safety of FREDERICK SEITZ and others working with and around the Defendants' asbestos containing products. 44. The Defendants knew or should have known that the asbestos fibers contained in

their products had a toxic, poisonous, and highly deleterious effect upon the health of persons inhaling, ingesting or otherwise absorbing them. 45. The Defendants were negligent in that they failed to exercise ordinary care and

caution for the safety of FREDERICK SEITZ in one or more of the following respects: a. Included asbestos in their products, even though it was completely foreseeable and could or should have been anticipated that persons such as FREDERICK SEITZ, working with and around them would inhale, ingest or otherwise absorb asbestos; Included asbestos in their products when the Defendants knew or should have known that said asbestos would have a toxic, poisonous and highly

b.

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deleterious effect upon the health of persons inhaling, ingesting or otherwise absorbing them; c. Included asbestos in their products when adequate substitutes for the asbestos in them were available; Failed to provide any or adequate warnings to persons working with and around their products of the dangers of inhaling, ingesting or otherwise absorbing the asbestos fibers contained in them; Failed to provide any or adequate instructions concerning the safe methods of working with and around the products, including specific instructions on how to avoid inhaling, ingesting or otherwise absorbing the asbestos fibers in them; Failed to conduct tests on the asbestos containing products manufactured, sold, delivered or installed by the Defendants in order to determine the hazards to which persons such as FREDERICK SEITZ might be exposed while working with or around the products; and, Designed, manufactured and sold equipment, vehicles, machinery, technologies and systems that included asbestos-containing components and required and/or specified the use of asbestos-containing replacement components.

d.

e.

f.

g.

46.

As a direct and proximate result of one or more of the foregoing negligent acts

and/or omissions on the part of the Defendants, FREDERICK SEITZ was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers causing FREDERICK SEITZ to develop the asbestos disease aforesaid, which has disabled and disfigured FREDERICK SEITZ; FREDERICK SEITZ has in the past and will in the future be compelled to expend and become liable for large sums of monies for hospital, medical and other health care services necessary for the treatment of his asbestos-induced disease and conditions; and FREDERICK SEITZ has in the past and will in the future experience great physical pain and mental anguish as a result of his asbestos-induced disease and conditions.

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COUNT II WILLFUL AND WANTON CONDUCT 47. The allegations in paragraphs One (1) through Forty Six (46) above are realleged

and incorporated by reference within this Count. Plaintiffs' recovery herein is predicated upon the substantive law of the State of North Carolina or such law as the Court holds to be applicable. 48. The Defendants had a duty to refrain from willful and wanton acts or omissions

which would harm FREDERICK SEITZ. 49. Defendants are guilty of one or more of the following acts or omissions

amounting to willful and wanton misconduct: a. Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, included asbestos in their products, even though it was completely foreseeable and could or should have been anticipated that persons such as FREDERICK SEITZ working with or around their products, would inhale, ingest or otherwise absorb asbestos; Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, included asbestos in their products when the Defendants knew or should have known that said asbestos fibers would have a toxic, poisonous and highly deleterious effect upon the health of persons inhaling, ingesting or otherwise absorbing them; Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, included asbestos in their products when adequate substitutes for the asbestos in them was available; Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, failed to provide any or adequate warnings to persons working with and around their products of the dangers of inhaling, ingesting or otherwise absorbing asbestos fibers in them; Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, failed to provide any or adequate instructions concerning the safe methods of working with and around their products, including specific instructions on how to avoid inhaling, ingesting or otherwise absorbing the asbestos fibers in them;

b.

c.

d.

e.

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f.

Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, failed to conduct tests on the asbestos-containing products manufactured, sold, delivered or installed by the Defendants in order to determine the hazards to which persons such as FREDERICK SEITZ might be exposed while working with and around the products; Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, failed to adequately label, warn, package, market, distribute, install, remove, or use asbestos in a reasonable manner which would minimize or eliminate the escape of asbestos dust fibers, therefore adding to the exposure of FREDERICK SEITZ and others similarly situated; Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, failed to take adequate steps to remedy the above failures, including but not limited to (1) failure to recall or require removal of asbestos and asbestos products, coupled with (2) ongoing failure to conduct research as to how to cure or minimize asbestos injuries and how to use, install, or distribute asbestos so as to render it safe, and (3) failure to promptly and safely remove the asbestos now in place; and, Intentionally or with reckless disregard for the safety of FREDERICK SEITZ, designed, manufactured and sold equipment, vehicles, machinery, technologies and systems that included asbestos-containing components and required and/or specified the use of asbestos-containing replacement components.

g.

h.

i.

50.

As a direct and proximate result of one or more of the foregoing actions and/or

omissions of Defendants, FREDERICK SEITZ was exposed to asbestos and was injured as described herein. 51. In addition to compensatory damages, an award of punitive damages is

appropriate and necessary in order to punish Defendants for their willful, wanton, intentional and/or reckless misconduct and to deter each Defendant and others similarly situated from engaging in like misconduct in the future.

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COUNT III STRICT PRODUCT LIABILITY 52. The allegations in paragraphs One (1) through Fifty One (51) above are realleged

and incorporated by reference within this Count. Plaintiffs' recovery herein is predicated upon the substantive law of the State of North Carolina or such law as the Court holds to be applicable. 53. The Defendants placed their asbestos and asbestos-containing products on the

market and knew or should have known they would be used without inspection for defects. 54. When their asbestos and asbestos-containing products left the Defendants'

possession and were placed on the market they were defective in that, when used in the intended or reasonably foreseeable manner, they were not reasonably safe for their intended use, they failed to perform as safely as would be expected by an ordinary user or consumer and/or created a risk of harm beyond that which would be contemplated by the ordinary user or consumer. 55. As a direct and proximate result of using Defendants' asbestos and asbestos

containing products for the general purpose for which they were designed and intended, FREDERICK SEITZ was exposed to asbestos and was injured as described herein. COUNT IV LOSS OF CONSORTIUM 56. The allegations in paragraphs One (1) through Fifty Five (55) above are realleged

and incorporated by reference within this Count. Plaintiffs' recovery herein is predicated upon the substantive law of the State of North Carolina or such law as the Court holds to be applicable.

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57.

Plaintiff FREDERICK SEITZ is married to Plaintiff MARY LOUISE SEITZ. As

a result of Defendants' wrongful conduct which caused her husband's above stated asbestosrelated disease and problems, Plaintiff MARY LOUISE SEITZ has suffered and will continue in the future to suffer a loss of the support, consortium and society of her husband, together with related mental anguish and pain and suffering. WHEREFORE, Plaintiffs FREDERICK SEITZ and MARY LOUISE SEITZ pray this Court to enter judgment against Defendants and to award: compensatory damages in an amount to be proved at trial, but believed to exceed $100,000; and punitive damages in an amount sufficient to punish Defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future; and for such other and further relief that this Court deems appropriate. Respectfully submitted, LAW OFFICE OF JOSEPH J. RHOADES By: /s/ A. Dale Bowers Joseph J. Rhoades, Esquire (I.D. 2064) A. Dale Bowers, Esquire (I.D. 3932) 1225 North King Street, 12th Floor Wilmington, Delaware 19801 302-427-9500 Attorneys for Plaintiff -andLEVY PHILLIPS & KONIGSBERG, LLP Jerome H. Block, Esq. (NY Id. No.3997145) Sharon Zinns, Esq. (CA Id. No. 241476) Amber R. Long, Esq. (NY Id. No.4397188) 800 Third Avenue, 13th Floor New York, NY 10022 Phone: (212) 605-6200 Fax: (212) 605-6290 Dated: April 25, 2008

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-------------------------------X : FREDERICK SEITZ and : MARY LOUISE SEITZ, his wife : : Plaintiffs, : : v. : : ADEL WIGGINS GROUP; : : AEROJET-GENERAL CORPORATION; : : AIR COOLED MOTORS; : : BELL HELICOPTER TEXTRON INC.; : : THE BOEING COMPANY; : : CBS CORPORATION (f/k/a Viacom Inc., : successor by merger to CBS Corporation, : f/k/a Westinghouse Electric Corporation); : : CESSNA AIRCRAFT RHODE ISLAND : INC.; : : CURTISS-WRIGHT CORPORATION; : : FLETCHAIR, INC.; : : FRANKLIN AIRCRAFT ENGINES, INC.; : : GARLOCK SEALING TECHNOLOGIES : LLC (successor by merger to Garlock, Inc.); : : GENERAL ELECTRIC COMPANY; : : GENERAL MOTORS CORPORATION; : : GOODRICH CORPORATION, A NEW : YORK CORPORATION (f/k/a B.F. : Goodrich Company); : : THE GOODYEAR TIRE & RUBBER : COMPANY; :

C.A. No. KENT COUNTY PRAECIPE ASBESTOS JURY TRIAL DEMANDED

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: : : HONEYWELL INTERNATIONAL INC. : (f/k/a Alliedsignal, Inc., as successor-in: interest to The Bendix Corporation); : : IMO INDUSTRIES INC.; : : LYCOMING ENGINES; : : NORTHROP GRUMMAN : CORPORATION; : : PARKER-HANNIFIN CORPORATION; : : PRATT & WHITNEY : ROCKETDYNE, INC. (f/k/a Pratt & : Whitney Aircraft Company); : : RAYTHEON COMPANY; : : ROLLS-ROYCE NORTH AMERICA INC; : : SIKORSKY AIRCRAFT CORPORATION; : : TELEDYNE CONTINENTAL MOTORS, : INC., : : TEXTRON INC.; : : UNION CARBIDE CORPORATION; : : UNITED TECHNOLOGIES : CORPORATION; : : VOUGHT AIRCRAFT : INDUSTRIES, INC.; : : Defendants. : -----------------------------X KENT COUNTY PRAECIPE PLEASE ISSUE Summons and Complaint through the Sheriff of Kent County to

HAWKER BEECHCRAFT, INC. (f/k/a Raytheon Aircraft Company);

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the defendant at the address indicated herein: TELEDYNE CONTINENTAL MOTORS, INC. c/o: National Corporate Research, Ltd. 615 South DuPont Highway, Dover, DE 19901.

Respectfully submitted, LAW OFFICE OF JOSEPH J. RHOADES By: /s/ A. Dale Bowers_________________ Joseph J. Rhoades, Esquire (I.D. 2064) A. Dale Bowers, Esquire (I.D. 3932) 1225 North King Street, 12th Floor Wilmington, Delaware 19801 302-427-9500 Attorneys for Plaintiffs -andLEVY PHILLIPS & KONIGSBERG, LLP Jerome H. Block, Esq. (NY Id. No.3997145) Sharon Zinns, Esq. (CA Id. No. 241476) Amber R. Long, Esq. (NY Id. No.4397188) 800 Third Avenue, 13th Floor New York, NY 10022 Phone: (212) 605-6200 Fax: (212) 605-6290

Dated: April 25, 2008

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-------------------------------X : FREDERICK SEITZ and : MARY LOUISE SEITZ, his wife : : Plaintiffs, : : v. : : ADEL WIGGINS GROUP; : : AEROJET-GENERAL CORPORATION; : : AIR COOLED MOTORS; : : BELL HELICOPTER TEXTRON INC.; : : THE BOEING COMPANY; : : CBS CORPORATION (f/k/a Viacom Inc., : successor by merger to CBS Corporation, : f/k/a Westinghouse Electric Corporation); : : CESSNA AIRCRAFT RHODE ISLAND : INC.; : : CURTISS-WRIGHT CORPORATION; : : FLETCHAIR, INC.; : : FRANKLIN AIRCRAFT ENGINES, INC.; : : GARLOCK SEALING TECHNOLOGIES : LLC (successor by merger to Garlock, Inc.); : : GENERAL ELECTRIC COMPANY; : : GENERAL MOTORS CORPORATION; : : GOODRICH CORPORATION, A NEW : YORK CORPORATION (f/k/a B.F. : Goodrich Company); : : THE GOODYEAR TIRE & RUBBER : COMPANY; :

C.A. No. NEW CASTLE COUNTY PRAECIPE ASBESTOS JURY TRIAL DEMANDED

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HAWKER BEECHCRAFT, INC. (f/k/a Raytheon Aircraft Company);

: : : HONEYWELL INTERNATIONAL INC. : (f/k/a Alliedsignal, Inc., as successor-in: interest to The Bendix Corporation); : : IMO INDUSTRIES INC.; : : LYCOMING ENGINES; : : NORTHROP GRUMMAN : CORPORATION; : : PARKER-HANNIFIN CORPORATION; : : PRATT & WHITNEY : ROCKETDYNE, INC. (f/k/a Pratt & : Whitney Aircraft Company); : : RAYTHEON COMPANY; : : ROLLS-ROYCE NORTH AMERICA INC; : : SIKORSKY AIRCRAFT CORPORATION; : : TELEDYNE CONTINENTAL MOTORS, : INC., : : TEXTRON INC.; : : UNION CARBIDE CORPORATION; : : UNITED TECHNOLOGIES : CORPORATION; : : VOUGHT AIRCRAFT : INDUSTRIES, INC.; : : Defendants. : -----------------------------X NEW CASTLE COUNTY PRAECIPE PLEASE ISSUE Summons and Complaint through the Sheriff of New Castle County to the defendants at the address indicated herein:

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AEROJET-GENERAL CORPORATION c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 BELL HELICOPTER TEXTRON INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 CESSNA AIRCRAFT RHODE ISLAND INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 CURTISS-WRIGHT CORPORATION c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 GARLOCK SEALING TECHNOLOGIES LLC (successor by merger to Garlock, Inc.) c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 GENERAL ELECTRIC COMPANY c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 GENERAL MOTORS CORPORATION c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 HAWKER BEECHCRAFT, INC. (f/k/a Raytheon Aircraft Company) c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801
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HONEYWELL INTERNATIONAL INC. (f/k/a Alliedsignal, Inc., as successor-in-interest to The Bendix Corporation) c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 IMO INDUSTRIES INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 NORTHROP GRUMMAN CORPORATION c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 PARKER-HANNIFIN CORPORATION c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 PRATT & WHITNEY ROCKETDYNE, INC. (f/k/a Pratt & Whitney Aircraft Company) c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 RAYTHEON COMPANY c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 SIKORSKY AIRCRAFT CORPORATION c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801

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TEXTRON INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 UNION CARBIDE CORPORATION c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 UNITED TECHNOLOGIES CORPORATION c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 VOUGHT AIRCRAFT INDUSTRIES, INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 THE BOEING COMPANY c/o Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808 CBS CORPORATION (f/k/a Viacom Inc.,successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation); c/o Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808 GOODRICH CORPORATION, A NEW YORK CORPORATION (f/k/a B.F. Goodrich Company) c/o Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808 THE GOODYEAR TIRE & RUBBER COMPANY c/o Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808

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ROLLS-ROYCE NORTH AMERICA INC. c/o Corporation Service Company 2711 Centerville Road Suite 400 Wilmington, DE 19808 Respectfully submitted, LAW OFFICE OF JOSEPH J. RHOADES By: /s/ A. Dale Bowers_________________ Joseph J. Rhoades, Esquire (I.D. 2064) A. Dale Bowers, Esquire (I.D. 3932) 1225 North King Street, 12th Floor Wilmington, Delaware 19801 302-427-9500 Attorneys for Plaintiffs -andLEVY PHILLIPS & KONIGSBERG, LLP Jerome H. Block, Esq. (NY Id. No.3997145) Sharon Zinns, Esq. (CA Id. No. 241476) Amber R. Long, Esq. (NY Id. No.4397188) 800 Third Avenue, 13th Floor New York, NY 10022 Phone: (212) 605-6200 Fax: (212) 605-6290

Dated: April 25, 2008

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-------------------------------X : FREDERICK SEITZ and : MARY LOUISE SEITZ, his wife : : Plaintiffs, : : v. : : ADEL WIGGINS GROUP; : : AEROJET-GENERAL CORPORATION; : : AIR COOLED MOTORS; : : BELL HELICOPTER TEXTRON INC.; : : THE BOEING COMPANY; : : CBS CORPORATION (f/k/a Viacom Inc., : successor by merger to CBS Corporation, : f/k/a Westinghouse Electric Corporation); : : CESSNA AIRCRAFT RHODE ISLAND : INC.; : : CURTISS-WRIGHT CORPORATION; : : FLETCHAIR, INC.; : : FRANKLIN AIRCRAFT ENGINES, INC.; : : GARLOCK SEALING TECHNOLOGIES : LLC (successor by merger to Garlock, Inc.); : : GENERAL ELECTRIC COMPANY; : : GENERAL MOTORS CORPORATION; : : GOODRICH CORPORATION, A NEW : YORK CORPORATION (f/k/a B.F. : Goodrich Company); : : THE GOODYEAR TIRE & RUBBER : COMPANY; :

C.A. No. 10 Del. C. § 3104 SECRETARY OF STATE PRAECIPE ASBESTOS JURY TRIAL DEMANDED

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HAWKER BEECHCRAFT, INC. (f/k/a Raytheon Aircraft Company);

: : : HONEYWELL INTERNATIONAL INC. : (f/k/a Alliedsignal, Inc., as successor-in: interest to The Bendix Corporation); : : IMO INDUSTRIES INC.; : : LYCOMING ENGINES; : : NORTHROP GRUMMAN : CORPORATION; : : PARKER-HANNIFIN CORPORATION; : : PRATT & WHITNEY : ROCKETDYNE, INC. (f/k/a Pratt & : Whitney Aircraft Company); : : RAYTHEON COMPANY; : : ROLLS-ROYCE NORTH AMERICA INC; : : SIKORSKY AIRCRAFT CORPORATION; : : TELEDYNE CONTINENTAL MOTORS : INC., : : TEXTRON INC.; : : UNION CARBIDE CORPORATION; : : UNITED TECHNOLOGIES : CORPORATION; : : VOUGHT AIRCRAFT : INDUSTRIES, INC.; : : Defendants. : -----------------------------X SECRETARY OF STATE 3104 PRAECIPE PLEASE ISSUE Summons and Complaint through the Secretary of State, Dover, Delaware, pursuant to 10 Del. C. § 3104 for Defendants at the addresses indicated herein:
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ADEL WIGGINS GROUP Attn: Officer/Agent 5000 Triggs Street Los Angeles, CA 90022 AIR COOLED MOTORS Attn: Officer/Agent 94 Hale Drive Walterboro, SC 29488 FLETCHAIR, INC. Attn: Officer/Agent 118 FM 1621 Comfort, TX 78013-3425 FRANKLIN AIRCRAFT ENGINES, INC. Attn: Officer/Agent Ft. Collins, CO 80524 LYCOMING ENGINES Attn: Officer/Agent 652 Oliver Street Williamsport, PA 17701 Respectfully submitted, LAW OFFICE OF JOSEPH J. RHOADES By: /s/ A. Dale Bowers_________________ Joseph J. Rhoades, Esquire (I.D. 2064) A. Dale Bowers, Esquire (I.D. 3932) 1225 North King Street, 12th Floor Wilmington, Delaware 19801 302-427-9500 Attorneys for Plaintiffs -andLEVY PHILLIPS & KONIGSBERG, LLP Jerome H. Block, Esq. (NY Id. No.3997145) Sharon Zinns, Esq. (CA Id. No. 241476) Amber R. Long, Esq. (NY Id. No.4397188) 800 Third Avenue, 13th Floor New York, NY 10022 Phone: (212) 605-6200 Fax: (212) 605-6290 Dated: April 25, 2008
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY -------------------------------X IN RE: ASBESTOS LITIGATION: : : FREDERICK SEITZ and : MARY LOUISE SEITZ, his wife : : Plaintiffs, : : : v. : : : ADEL WIGGINS GROUP; : : AEROJET-GENERAL CORPORATION; : : AIR COOLED MOTORS; : : BELL HELICOPTER TEXTRON INC.; : : THE BOEING COMPANY; : : CBS CORPORATION (f/k/a Viacom Inc., : successor by merger to CBS Corporation, : f/k/a Westinghouse Electric Corporation); : : CESSNA AIRCRAFT RHODE ISLAND : INC.; : : CURTISS-WRIGHT CORPORATION; : : FLETCHAIR, INC.; : : FRANKLIN AIRCRAFT ENGINES, INC.; : : GARLOCK SEALING TECHNOLOGIES : LLC (successor by merger to Garlock, Inc.); : : GENERAL ELECTRIC COMPANY; : : GENERAL MOTORS CORPORATION; :

C.A. No. COMPLAINT KENT COUNTY ASBESTOS JURY TRIAL DEMANDED

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GOODRICH CORPORATION, A NEW YORK CORPORATION (f/k/a B.F. Goodrich Company); THE GOODYEAR TIRE & RUBBER COMPANY;

: : : :

: : : HAWKER BEECHCRAFT, INC. : (f/k/a Raytheon Aircraft Company); : : HONEYWELL INTERNATIONAL INC. : (f/k/a Alliedsignal, Inc., as successor-in: interest to The Bendix Corporation); : : IMO INDUSTRIES INC.; : : LYCOMING ENGINES; : : NORTHROP GRUMMAN : CORPORATION; : : PARKER-HANNIFIN CORPORATION; : : PRATT & WHITNEY : ROCKETDYNE, INC. (f/k/a Pratt & : Whitney Aircraft Company); : : RAYTHEON COMPANY; : : ROLLS-ROYCE NORTH AMERICA INC; : : SIKORSKY AIRCRAFT CORPORATION; : : TELEDYNE CONTINENTAL MOTORS : INC., : : TEXTRON INC.; : : UNION CARBIDE CORPORATION; : : UNITED TECHNOLOGIES : CORPORATION; : : VOUGHT AIRCRAFT : INDUSTRIES, INC.; : : Defendants. :

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-----------------------------X THE STATE OF DELAWARE, TO THE SHERIFF OF KENT COUNTY: YOU ARE COMMANDED: To summon the above named defendant so that, within 20 days after service hereof upon defendant, exclusive of the day of service, defendant shall serve upon A. Dale Bowers, Esquire, #3932, Plaintiffs' attorney, whose address is 1225 North King Street, Ste.1200, Wilmington, DE 19801, an answer to the complaint (and, if an affidavit of demand has been filed, an affidavit of defense). To serve upon defendant a copy hereof and of the complaint (and of the affidavit of demand if any has been filed by plaintiff). Dated: SHARON AGNEW Prothonotary ________________________ Per Deputy

TO THE ABOVE NAMED DEFENDANT: In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiffs' attorney named above an answer to the complaint (and, if an affidavit of demand has been filed, an affidavit of defense), judgment by default will be rendered against you for the relief demanded in the complaint (or in the affidavit of demand, if any).

SHARON AGNEW Prothonotary ________________________ Per Deputy

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY -------------------------------X IN RE: ASBESTOS LITIGATION: : : FREDERICK SEITZ and : MARY LOUISE SEITZ, his wife : : Plaintiffs, : : : v. : : : ADEL WIGGINS GROUP; : : AEROJET-GENERAL CORPORATION; : : AIR COOLED MOTORS; : : BELL HELICOPTER TEXTRON INC.; : : THE BOEING COMPANY; : : CBS CORPORATION (f/k/a Viacom Inc., : successor by merger to CBS Corporation, : f/k/a Westinghouse Electric Corporation); : : CESSNA AIRCRAFT RHODE ISLAND : INC.; : : CURTISS-WRIGHT CORPORATION; : : FLETCHAIR, INC.; : : FRANKLIN AIRCRAFT ENGINES, INC.; : : GARLOCK SEALING TECHNOLOGIES : LLC (successor by merger to Garlock, Inc.); : : GENERAL ELECTRIC COMPANY; : : GENERAL MOTORS CORPORATION; :

C.A. No. COMPLAINT NEW CASTLE COUNTY ASBESTOS JURY TRIAL DEMANDED

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GOODRICH CORPORATION, A NEW YORK CORPORATION (f/k/a B.F. Goodrich Company); THE GOODYEAR TIRE & RUBBER COMPANY;

: : : :

: : : HAWKER BEECHCRAFT, INC. : (f/k/a Raytheon Aircraft Company); : : HONEYWELL INTERNATIONAL INC. : (f/k/a Alliedsignal, Inc., as successor-in: interest to The Bendix Corporation); : : IMO INDUSTRIES INC.; : : LYCOMING ENGINES; : : NORTHROP GRUMMAN : CORPORATION; : : PARKER-HANNIFIN CORPORATION; : : PRATT & WHITNEY : ROCKETDYNE, INC. (f/k/a Pratt & : Whitney Aircraft Company); : : RAYTHEON COMPANY; : : ROLLS-ROYCE NORTH AMERICA INC; : : SIKORSKY AIRCRAFT CORPORATION; : : TELEDYNE CONTINENTAL MOTORS : INC., : : TEXTRON INC.; : : UNION CARBIDE CORPORATION; : : UNITED TECHNOLOGIES : CORPORATION; : : VOUGHT AIRCRAFT : INDUSTRIES, INC.; : : Defendants. :

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-----------------------------X THE STATE OF DELAWARE, TO THE SHERIFF OF NEW CASTLE COUNTY: YOU ARE COMMANDED: To summon the above named defendant so that, within 20 days after service hereof upon defendant, exclusive of the day of service, defendant shall serve upon A. Dale Bowers, Esquire, #3932, Plaintiffs' attorney, whose address is 1225 North King Street, Ste.1200, Wilmington, DE 19801, an answer to the complaint (and, if an affidavit of demand has been filed, an affidavit of defense). To serve upon defendant a copy hereof and of the complaint (and of the affidavit of demand if any has been filed by plaintiff). Dated: SHARON AGNEW Prothonotary ________________________ Per Deputy

TO THE ABOVE NAMED DEFENDANT: In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiffs' attorney named above an answer to the complaint (and, if an affidavit of demand has been filed, an affidavit of defense), judgment by default will be rendered against you for the relief demanded in the complaint (or in the affidavit of demand, if any).

SHARON AGNEW Prothonotary ________________________ Per Deputy

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Filed 06/11/2008 Page 37 of 40 EFiled: Apr 25 2008 4:06PM EDT Transaction ID 19576189 Case No. 08C-04-247 ASB SUMMONS

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY -------------------------------X : FREDERICK SEITZ and : MARY LOUISE SEITZ, his wife : : Plaintiffs, : : : v. : : ADEL WIGGINS GROUP; : : AEROJET-GENERAL CORPORATION; : : AIR COOLED MOTORS; : : BELL HELICOPTER TEXTRON INC.; : : THE BOEING COMPANY; : : CBS CORPORATION (f/k/a Viacom Inc., : successor by merger to CBS Corporation, : f/k/a Westinghouse Electric Corporation); : : CESSNA AIRCRAFT RHODE ISLAND : INC.; : : CURTISS-WRIGHT CORPORATION; : : FLETCHAIR, INC.; : : FRANKLIN AIRCRAFT ENGINES, INC.; : : GARLOCK SEALING TECHNOLOGIES : LLC (successor by merger to Garlock, Inc.); : : GENERAL ELECTRIC COMPANY; : : GENERAL MOTORS CORPORATION; : : GOODRICH CORPORATION, A NEW :

C.A. No. 10 Del. C. § 3104 SECRETARY OF STATE ASBESTOS JURY TRIAL DEMANDED

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YORK CORPORATION (f/k/a B.F. Goodrich Company); THE GOODYEAR TIRE & RUBBER COMPANY;

: :

: : : HAWKER BEECHCRAFT, INC. : (f/k/a Raytheon Aircraft Company); : : HONEYWELL INTERNATIONAL INC. : (f/k/a Alliedsignal, Inc., as successor-in: interest to The Bendix Corporation); : : IMO INDUSTRIES INC.; : : LYCOMING ENGINES; : : NORTHROP GRUMMAN : CORPORATION; : : PARKER-HANNIFIN CORPORATION; : : PRATT & WHITNEY : ROCKETDYNE, INC. (f/k/a Pratt & : Whitney Aircraft Company); : : RAYTHEON COMPANY; : : ROLLS-ROYCE NORTH AMERICA INC; : : SIKORSKY AIRCRAFT CORPORATION; : : TELEDYNE CONTINENTAL MOTORS : INC., : : TEXTRON INC.; : : UNION CARBIDE CORPORATION; : : UNITED TECHNOLOGIES : CORPORATION; : : VOUGHT AIRCRAFT : INDUSTRIES, INC.; : : Defendants. : -----------------------------X

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THE STATE OF DELAWARE, TO THE SHERIFF OF KENT COUNTY: YOU ARE COMMANDED: To summon the above named defendant so that, within 20 days after service hereof upon defendant, exclusive of the day of service, defendant shall serve upon A. Dale Bowers, Esquire, #3932, Plaintiffs' attorney, whose address is 1225 North King Street, Ste. 1200, Wilmington, DE 19801, an answer to the complaint (and, if an affidavit of demand has been filed, an affidavit of defense). To serve upon defendant a copy hereof and of the complaint (and of the affidavit of demand if any has been filed by plaintiff). Dated: SHARON AGNEW Prothonotary ________________________ Per Deputy

TO THE ABOVE NAMED DEFENDANT: In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiffs' attorney named above an answer to the complaint (and, if an affidavit of demand has been filed, an affidavit of defense), judgment by default will be rendered against you for the relief demanded in the complaint (or in the affidavit of demand, if any).

SHARON AGNEW Prothonotary ________________________ Per Deputy

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IN RE: ASBESTOS LITIGATION

:

77C-ASB-2

NOTICE TO DEFENDANTS PURSUANT TO AMENDED STANDING ORDER NO. 1 TO: Defendant

TAKE NOTICE that you have been served with a Complaint joining you as a party to an asbestos personal injury/product liability law suit filed in this Court. The matter is governed procedurally by this Court=s Civil Rules and by the laws, rules, and procedures for civil litigation in this State. Additionally, asbestos litigation matters are governed by a series of Standing Orders, including Standing Order No. 1 which requires the service of this notice upon you. Pursuant to the laws, rules, procedures, and Standing Orders governing the matter in which you have been joined as a Defendant, you must answer or otherwise plead within a specified time period and you are immediately deemed responsible for proceeding as specified by the applicable laws, rules, procedures, and Standing Orders applicable to asbestos litigation matters. Defense efforts in asbestos litigation matters in this jurisdiction are coordinated by Standing Order directives. If you are not familiar with the laws, rules, procedures, and Standing Orders governing asbestos litigation matters in this jurisdiction, you are directed to contact Defense Coordinating Counsel for copies of existing and applicable Standing Orders, forms, and the like. You may contact Defense Coordinating Counsel as follows: Loreto P. Rufo Rufo Associates, PA Hockessin Village Center 7217 Lancaster Pike, Suite F Hockessin, Delaware 19707 * Telephone: 302-234-5900 Facsimile: 302-234-5905 * /s/ David A. White David A. White Commissioner October 13, 2006

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EXHIBIT B

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