**APR 10 2000 5:14 PM FR TONES DAY**
**213 243 2539 TO 15:3#8:8;4288;22, #.4:**
**04/10/00 12:19 FAA**

1 and Freon to IBM as a microelectronics and disk drive manufacturer, it has sold and when it sells highly
2 toxic chemicals which would be used in conjunction with numerous other highly toxic and hazardous
3 chemicals in so-called "clean rooms" and that the DuPont chemicals would contribute to the overall
4 toxic exposure suffered by Plaintiffs, and other IBM workers, in this industrial chemical environment.
5 DuPont's technical staff have actively performed post-sale troubleshooting and monitoring for its
6 electronics industry clients including IBM.

7 120. Defendant Shell Oil Company has been in the business of manufacturing epoxy resins for
8 50 years and holds trademarks for Shell "EPON" resins. Shell has marketed these resins to IBM and
9 monitored their post-sale use by IBM since the early 1960s for use in IBM's patented disk drive coating
10 formulations. The selection, designation and specification of a particular Shell EPON resin as the best
11 resin in IBM disk drive coating, is specifically cited by IBM in IBM's 1962 patent for its disk drive
12 coating. Shell has been an active and willing manufacturing partner with IBM for over 30 years. At all
13 relevant times, Defendant Shell has known from its post-sale monitoring and trouble shooting activities
14 that when it has sold and sells its epoxy resins to IBM that said toxic chemicals would be used in
15 conjunction with numerous other highly toxic and hazardous chemicals in so-called "clean rooms" and
16 that the Shell chemicals would contribute to the overall toxic exposure suffered by Plaintiffs, and other
17 IBM workers, in this industrial chemical environment. Defendant Shell now explicitly advises its
18 customers what it could have, and should have, advised from the outset of its decision to market EPON
19 resins and solvents to IBM and the microelectronics industry: "None of these materials should be used,
20 stored or transported until the handling precautions and recommendations as stated in the Material Safety
21 Data Sheets for these and all other products being used are understood by all persons who will work with
22 them."

23 121. Defendant Ashland Oil, Inc., characterizes itself to the world as "the leading North
24 American distributor of chemicals and plastics and a world leader in the manufacture of a variety of
25 chemical specialty and performance products." Defendant Ashland further represents to the world that
26 "Ashland's specialty chemical businesses hold leading positions in several key markets including...
27 ultra-high purity electronic chemicals." Ashland itself characterizes its Electronics Chemicals Division
28 as "a leading manufacturer and marketer of ultra-high purity chemicals and photo resists strippers for the
Page 17

COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

MM 006988