SEPARATE STATEMENT OF FACTS (UNDISPUTED) IN SUPPORT OF MTN FOR SUMMARY JUDGMENT (TRANSACTION ID # 26840161) FILED BY DEFENDANT NAVISTAR, INC., FORMERLY KNOWN AS INTERNATIONAL TRUCK AND ENGINE CORPORATION

On May 8, 2008 an asbestos case was filed by Pique, Frederick, Pique, Godofredo, Pique, Gregory, Pique, Rosita, and Sanchez, Marlene, represented by Donadio, David R, against All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Asbestos Defendants et al. represented by Bassi, Marte Joseph, Biderman, David T., Brown, Eugene et al. in the jurisdiction of San Francisco County. Judge Teri L. Jackson presiding.

                        
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LAW OFFICES HAIGHT, BROWN Oo OM WD DH BF YW NY — So 11 & BONESTEEL, LLP. ‘San Francisco Daniel J. Kelly (Bar No. 145088) Gregory J . Thoming (Bar No. 187109) Daniel LaCount (Bar No. 244306 HAIGHT, BROWN & BONESTEEL, L.L-P. ELECTRONICALLY 71 Stevenson Street, 20th Floor San Francisco, California 94105-2981 FILED Telephone: 415.546.7500 Superior Court of California, Facsimile: 415.546.7505 County of San Francisco AUG 28 2009 Attorneys for Defendant NAVISTAR, INC., formerly GORDON PARK-LI, Clerk known as International Truck and Engine Corporation BY: VANESSA WU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA. FOR THE COUNTY OF SAN FRANCISCO GODOFREDO PIQUE, Case No. CGC-08-274659 Plaintiff, SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT vs. OF MOTION FOR SUMMARY JUDGMENT ASBESTOS DEFENDANTS, et al., [Notice of Motion, Supporting Defendants. Memorandum and Declaration of Daniel LaCount filed concurrently] Date: November 13, 2009 Time: 9:30 a.m. Dept: 301 Trial Date: D…

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