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BASF bought the Wyandotte Chemical Company, and its Geismar, Louisiana chemical plant in the early 1980s. The purchase price for equity was about €2.2 billion.
Wyandotte also provides data sheets specifying which chemicals should be used together. Finally, defendant BASF Wyandotte denies that its product was present in the cold box at all.Another reason that Liquid Carbonic failed to prove its case against Owens-Corning is that a Liquid Carbonic engineer designed the insulation system for the cold box and chose to use highly flammable materials in conjunction with the Owens-Corning foam. "The basis of plaintiff's suit is that defendants BASF Wyandotte and Owens-Corning falsely represented their products to be "self-extinguishing" and that, relying on these representations, Liquid Carbonic permitted welding to be done in close proximity to the products without taking precautions against fire. Although not normally an item taxable as a cost, the trial judge in his discretion allowed the travel and time expense as part of the reasonable cost of gathering the multitude of documents, most if not all of which were not even used at the trial. Based on this evidence, we conclude, as did the trial judge, that plaintiff failed to prove that the Owens-Corning product was not self-extinguishing.
The cost in this case of obtaining extra copies of certain depositions was not prohibitive.
"There is no statutory provision allowing taxing of the costs of private documents which are introduced in evidence at the trial. In addition, the court found that plaintiff had not proven that the Owens-Corning product installed in the box was not, even in the lay sense of the term, self-extinguishing.
With regard to the incidental photocopying expense, the trial judge found that this expense, was justifiable in connection with the depositions used at the trial of this case. X, p. 7).
Dr. Gerald Whitehouse of Louisiana State University did convection, conduction and open flame tests on two samples of foam, one yellow and one white, taken from the box after the fire. BASF Corporation employs more than 9,500 people in North America. The company s agricultural products division supplies and markets herbicides, fungicides and insecticides. Clifford Sherman, who issued the permit, testified that the only check he made before signing the permit for the welding was to lean inside the cold box with a "sniffer", a device used to detect explosive gases.
Its business is organized in the segments of Chemicals, Plastics, Performance Products, Functional Solutions, Agricultural Solutions, and Oil and Gas.BASF's Functional Solutions segment consists of the Catalysts, Construction Chemicals and Coatings divisions.
Walton J. Barnes, III, Zachary, for plaintiff-appellant Julianna Courtney, Ind., Etc.