As shown by the foregoing, these statements were not only false but intentionally misrepresented the truth known to IBM.

83. In all of the misrepresentation and concealment perpetuated by IBM and set forth herein, IBM cooperated in, compounded and perpetuated the fraud of defendant Suppliers, as alleged herein, by failing to convey and disclose full and complete information concerning known hazards of the chemicals to its employees, including plaintiffs. IBM's compounding and perpetuating of the fraud of defendant suppliers was well know and sanctioned by defendant suppliers who had ample opportunities to intervene, to clarify and correct these misstatements, but who did nothing. Had the omissions and misleading statements been disclosed, Plaintiffs would have acted differently. Their reliance on these statements and their assumption that these statements were correct and authoritative caused them great detriment.

Affirmatively Misleading, Fraudulent Misrepresentations by Chemical Supplier Defendants

84. At all relevant times, Defendants Ashland Oil, Inc., J.T. Baker, Inc., k/n/a Mallinckrodt Baker, Inc., Fisher Scientific Company, Sbipley Company, Inc., Union Carbide Corp., Hoechst Celanese Corp., E. I. DuPont de Nemours and Company, Aldrich Chemical Company, Sigma-Aldrich Corp., Sigma Aldrich, Inc., dba Sigma-Aldrich Sales, Inc., Sigma-Aldrich Company, The Dexter Corporation, Electronic Materials, Inc., Illinois Tool Works, Inc., f/k/a Devcon-Plexus Corporation, Loctite Corporation, and Conap Inc., EM Science, EM Industries, Inc., EM Science, Inc., EM Chemicals, Inc., Eastman Kodak, Pacific Pac International, Inc., and Specific Pac, Inc., and each of them, have sold "electronic grade" "high purity" and/or "semiconductor grade" chemicals to the electronics industry including IBM.

85. Defendant Suppliers, and each of them, have engaged in an aggressive, competitive marketing scheme designed to secure lucrative sales contracts for their solvents, acids and various specialty chemicals with the electronics companies engaged in "clean room" manufacturing, including IBM, and as an integral part of Defendants' marketing scheme have labeled their chemicals with intentionally false and misleading descriptions, including "high purity" "electronic grade", "semiconductor grade" and "precision cleaning grade."

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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

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