**Document Content:**

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**Communication of Misleading Statements to Employees:**

1. Plaintiffs Aniceto Batista and Khalid Haq detrimentally relied on representations made to IBM.
2. These representations were communicated and/or repeated, and/or conveyed authoritatively to them.
3. Material Safety Data Sheets (MSDSs) prepared by defendant Hoechst Celanese Corp., including the 6/14/90 version for Hoechst AZ 1375 Photo resist, show xylene to be an ingredient.
4. These MSDSs made the affirmative misrepresentation to IBM and through IBM to its workers, including Aniceto Batista and Khalid Haq, that the only hazard from xylene exposure is mucous membrane irritation and headache.
5. At all times relevant, this defendant has known that xylene is genotoxic and mutagenic, two facts which have been confirmed by disclosures belatedly placed on IBM hazard communications in the past five years, too late to have been of material use to plaintiffs and plaintiffs' decedent.
6. Notwithstanding such knowledge, these suppliers conveyed grossly misleading and inadequate information to IBM knowing and intending that IBM would repeat, convey or in some fashion communicate these misleading statements to employees, including Plaintiffs and Plaintiffs' decedent.
7. Plaintiffs Aniceto Batista and Khalid Haq detrimentally relied upon these misrepresentations made to IBM and repeated, communicated and/or in some fashion authoritatively conveyed to them.

**Misrepresentation by Shell Oil Company:**

8. Defendant Shell Oil Company's MSDSs for xylene misrepresent that the only hazard from xylene exposure is mucous membrane irritation and headache, when at all times relevant this defendant has known that xylene is genotoxic and mutagenic.
9. Notwithstanding such knowledge, this supplier conveyed grossly misleading and inadequate information to IBM regarding these dangers, knowing and intending that IBM would repeat, convey or in some fashion communicate these misleading statements to employees, including Plaintiffs and Plaintiffs' decedent.
10. Defendant Shell Oil Company failed to provide true, accurate, and complete information regarding the hazards of xylene exposure.
11. Plaintiffs' decedent and Plaintiff Khalid Haq detrimentally relied upon this misrepresentation and omissions concerning known hazards of xylene made to IBM and repeated, communicated and/or fashion authoritatively conveyed to them.

**Misrepresentation by Other Defendants:**

12. Throughout the 1980s, defendants J.T. Baker, Inc., Ashland Oil, Inc., and Union Carbide Corp., misrepresented to IBM workers, including Aniceto Batista and Khalid Haq.

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**Complaint for Damages, Personal Injury, and Wrongful Death**

**MM 006975**