On January 12, 2007 a Motion-Secondary was filed involving a dispute between Boudreaux, Charles, Boudreaux, Deborah, and Advocate Mines Limited, Advocate Mines, Ltd, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Borg-Warner Corporation, Borgwarner, Inc.,, Borgwarner Morse Tec, Inc., Buffalo Pumps, Inc., Cbs Corp., Cbs Corporation, Cbs Corporation, A Delaware Corporation, Crane Co., Csk Auto, Inc. (Individually And D B A "Checker, Daimlerchrysler Corp., Daimlerchrysler Corporation, Does 1-300, Durco International, Inc., Flowserve Corp,, Flowserve Corporation F K A The Duriron Company,, Ford Motor Company, Foster Wheeler Energy Corporation, Foster Wheeler Llc, Garlock Sealing Technologies, Llc, General Electric Company, General Motors Corporation, Georgia-Pacific Llc,, Georgia-Pacific, Llc, Hanson Permanente Cement, Inc. Fka Kaiser Cement, Honeywell International, Inc., Honeywell International Inc.,Fka Alliedsignal,Inc., Imo Industries Inc., Imo Industries, Inc. (Individually And As Sii To, Ingersoll-Rand Company, Kaiser Gypsum Company, Inc., Plant Insulation Company, Rinker Materials Corporation, Sepco Corporation, The Pep Boys Manny, Moe & Jack Of California, Thorpe Insulation Company, Union Carbide Corporation, for civil in the District Court of San Francisco County.
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27 28 Robert J. Lyman, State Bar No. 085240 Walter C. Rundin, State Bar No. 072475 ELECTRONICALLY Dean Pollack, State Bar No. 176440 FILED Jeffrey S. Gillespie, State Bar No, 192495 BURRIBAN BROWN Superior Court of Californie, ‘A Professional Law Corporation County of San Francisco P.O. Box 119 OCT 10 2007 Oakland, California 94604 GORDON PARK-LI, Clerk ~ BY: JUANITA D. MURPHY 1901 Harrison Street, 11th Floor Deputy Clerk Oakland, California 94612 Telephone: (510) 444-6800 Facsimile: (510) 835-6666 Attorneys for Defendant BORG-WARNER CORPORATION by its successor-in- interest BorgWarner Morse TEC Inc., incorrectly identified as BorgWamer Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION, CHARLES BOUDREAUX and DEBORAH No. CGC-07-274029 BOUDREAUX, DECLARATION OF TERRY K. Plaintiffs, LINDQUIST IN SUPPORT OF DEFENDANT BORG-WARNER Vv. CORPORATION’S MOTION FOR SUMMARY JUDGMENT ADVOCATE MINES, LTD, et al., October 29, 2007 9:30 a.m. 301 The Honorable Peter J. Busch: Defendants. Complaint Filed: January 12, 2007 Trial Date: November 13, 2007 Attached hereto is the Declaration of ‘Terry K. Lindquist in support of Borg-Wamer Corporation’s Motion for Summary Judgment. DATED: October 18, 2007 BURNIIAM BRO By. — DEAN POLLACK Attorneys for Defendant BORG-WARNER CORPORATION enn DECLARATION OF TERRY ‘No. CGC-7 274029 [LINDQUIST IN SUPPORT OF ORG: WARNER CORPORATION'S MONON FOR SUMMARY JUDOMENT1, Terry K. Lindquist, declare: 1. Twas employed in various capacities by Borg-Wamer Corporation and its subsidisries from 1963 through 1987. 1 am currently Director, BorgWamer Powertraig Technical Center, During my 38-year career with these suppliers of antomotive comiponeats, 1 ‘held positions with administrative responsibility over: the engineering or prodnotion of various Borg-Wamer clutch products and have Iniowledge of their design, manufacturing and marketing. 2. Borg Wamer manufactured and marketed clutch assemblies in tie United States from 1928 to 1988. Borg-Wamer clutch assemblies were embossed or imprinted so as to identify them as Borg-Warner products. This identification was Permanently stamped into the metal on the exterior of the clutch housing and driven plate so that the product was, and i is, readily identifiable. ‘These identifying matks were located on an area. of the housing and plate where they would not wear away or become obliterated with wear and tear: 3. While the size and configuration of the clutch assembly differed depending upon its application, in all.cases the identification was printed or stamped where it was Teadily apparent, 4. All the friction materials incorporated in Borg-Wamer clutch assemblies for application in domestic vehicles were supplied to Borg-Wamer by other manufacturers, Borg- ‘Warmer purchased such materials over approximately sixty (60) years beginning in 1928 and did not independently resell those friction materials by themselves; but rather, they were used as components in Borg-Warner clutch products. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on September 15, 2001, at { QU wal TERRY K. LINDQUIST ‘Warren, Michigan. 540857