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Fri Sep 26, 5:37 PM ET
http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030926/bs_nm/autos_federalmogul_dc_1
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NEW YORK/CHICAGO (Reuters) - Detroit's Big
Three automakers have filed suit to stop Honeywell International Inc. (NYSE:HON
- news) from selling its brake products unit to bankrupt Federal-Mogul
Corp. (OTC BB:FDMLQ.OB - news), accusing Honeywell of trying to avoid its
asbestos-related obligations.
Honeywell in January agreed to sell its
Bendix brake unit, which faces about 47,000 asbestos cases, to
Federal-Mogul, an auto parts supplier currently reorganizing after filing
for Chapter 11 protection in October 2001 under the weight of mounting
asbestos lawsuits.
Federal-Mogul's proposed reorganization
plan includes the establishment of a trust to pay existing and future
asbestos claims, allowing the company to emerge from bankruptcy free of
asbestos liabilities.
Under the proposed Bendix deal,
Federal-Mogul would acquire certain assets of the unit, and Honeywell, in
exchange, would receive protection from asbestos liabilities.
In the lawsuit filed on Wednesday, Ford
Motor Co. (NYSE:F - news), General Motors Corp. (NYSE:GM - news) and
DaimlerChrysler AG (DCXGn.DE) described the proposed Bendix sale as a
"fraudulent transfer."
"Bankruptcy protection cannot be bought and
sold. Federal-Mogul's and Honeywell's unprecedented attempt to do so would
violate federal and state law, be unfair to thousands of asbestos
claimants and inappropriately shift litigation costs to the automakers,"
David Sykes, attorney with Duane Morris, which is representing the
carmakers, said in a statement.
The Big Three face asbestos-related
litigation costs totaling between $320 million and $1.2 billion,
investment bank UBS Warburg estimated in a 2002 report.
A Honeywell spokesman said the company was
reviewing the lawsuit and declined to comment on it.
A spokesman for Federal-Mogul, which is
hoping to emerge from bankruptcy protection in 2004, also declined
comment, saying the suit was under review.
Bendix makes brakes and brakes systems, and
asbestos was once a key component in these products. The proposed sale of
Bendix remains subject to anti-trust clearance and agreement with
attorneys representing asbestos plaintiffs.
According to Federal-Mogul's reorganization
plan, filed in Delaware federal court in March, asbestos claimants would
convert all claims, running into billions of dollars, into equity in the
emerging company.
In their lawsuit, the U.S. automakers said
Federal-Mogul sought to use its immunity status to take on Honeywell's
liabilities.
Hundreds of U.S. companies have been hit
with lawsuits from claimants exposed to asbestos, a fire-resistant
material that scientists have linked to a form of lung cancer and other
fatal diseases.
*** POSTED
SEPTEMBER 29, 2003 ***
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