**CORP.: HOECHST CELANESSE CORPORATION, a corporation; EPOXYLITE CORPORATION, a corporation; E. I. DUPONT DE NEMOURS AND COMPANY, a corporation; FISHER SCIENTIFIC COMPANY, a corporation; ILLINOIS TOOL WORKS, INC., a corporation; EM SCIENCE, a corporation; EM INDUSTRIES, INC., a corporation; EM SCIENCE, INC., a corporation; EM CHEMICALS, INC., a corporation; EASTMAN KODAK, a corporation; and DOES 1 THROUGH 100,**

**Defendants.**

**PLAINTIFFS**

1. Plaintiffs do not know the true names or capacities, whether individual, corporate, associate or otherwise of Defendants sued herein as Does 1 through 100, inclusive, and pray leave that when the true names and capacities of said Defendants are ascertained, they may be inserted herein with all appropriate allegations. Each Defendant designated as a Doe is responsible in some manner for the events referred to herein and thereby proximately caused death, injuries and damages to Plaintiffs and Plaintiffs' decedent as set forth.

2. At all relevant times, each Defendant was the agent, servant, employee, partner, and joint venturers of all other Defendants and was at all times in the course and scope of such agency, employment, partnership and/or joint venture.

3. At all relevant times, ANICETO BATISTA, deceased, and KHALID HAQ were employees and former employees (hereinafter referred to as IBM employees) of Defendant International Business Machines (hereinafter referred to as "IBM"), were employed by IBM in Santa Clara County, California and in the course and scope of such employment worked with, were exposed to, chemicals and substances which were manufactured, designed, sold, or distributed by Defendants, and each of them, that have caused them to suffer cancer which has resulted in severe personal injuries and/or death.

**THE WRONGFUL DEATH AND SURVIVAL ACTION PLAINTIFFS**

4. The surviving spouse and children of Aniceto Batista, the deceased IBM employee herein bring an action for wrongful death. These plaintiffs first discovered a possible association between the

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**COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH**

MM 006953