The Company is one of
numerous defendants in various asbestos related personal injury
lawsuits. These cases generally seek unspecified damages for
asbestos-related diseases based on alleged exposure to products previously
manufactured by the Company and others, and at this time the Company
is generally not aware of the extent of injuries allegedly suffered by
the individuals or the facts supporting the claim that injuries were
caused by the Company's products. Based upon the information available
to it at this time, the Company is not in a position to evaluate its
potential exposure, if any, as a result of such claims. Hence, no amounts have
been accrued for loss contingencies related to these lawsuits in
accordance with SFAS No. 5, "Accounting for Contingencies." The
Company continues to vigorously defend all such lawsuits. As of
November 30, 2003, the Company was a defendant in asbestos-related cases
involving 17,447 claimants, compared to 8,382 claimants as of
November 30, 2002.The Company is not in a position to estimate the number of
additional claims that may be filed against it in the future. For the
fiscal year ended November 30, 2003, there were new claims involving 9,279
claimants, dismissals and / or settlements involving 211 claimants
and judgments involving 3 claimants. Net costs and expenses incurred
by the Company for the fiscal year ended November 30, 2003 in
connection with asbestos-related claims were less than $600,000.
The Company is one of
numerous defendants in various silica-related personal injury
lawsuits. These cases generally seek unspecified damages for
silica-related diseases based on alleged exposure to products previously
manufactured by the Company and others, and at this time the Company
is not aware of the extent of injuries allegedly suffered by the individuals or the facts supporting the claim that injuries were caused
by the Company's products. Based upon the information available
to it at this time, the Company is not in a position to evaluate
its potential exposure, if any, as a result of such claims. Hence, no
amounts have been accrued for loss contingencies related to these
lawsuits in accordance with SFAS No. 5. The Company continues to
vigorously defend all such lawsuits. As of November 30, 2003, the Company was
a defendant in silica-related cases involving 6,847 claimants,
compared to 48 claimants as of November 30, 2002. The Company is not in
a position to estimate the number of additional claims that may be
filed against it in the future. For the fiscal year ended November 30,
2003, there were new claims involving 6,880 claimants, dismissals
and/or settlements involving 81 claimants and no judgments. Net
costs and expenses incurred by the Company for the fiscal year ended
November 30, 2003 in connection with silica related claims were about
$300,000.
In addition, certain
other claims, suits and complaints that arise in the ordinary course of
business, have been filed or are pending against the Company. Management
believes that these matters are either adequately reserved, covered by
insurance, or would not have a material effect on the Company's
financial position or its results of operations if disposed of unfavorably.
The Company is subject
to federal, state and local laws and regulations concerning the
environment and is currently participating in administrative
proceedings at several sites under these laws. While the Company finds it
difficult to estimate with any certainty the total cost of remediation at the
several sites, on the basis of currently available information and
reserves provided, the Company believes that the outcome of such
environmental regulatory proceedings will not have a material effect on the
Company's financial position or its results of operations.
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