-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, DDHbxfs12dXBJbyut1VBg1MF7L4DfCfp4DF5TosoDJvun50+MijYhegUiBvjWzdr zcW2e0/5/PB17m9Hw4gwOA== 0000950152-98-009910.txt : 19990101 0000950152-98-009910.hdr.sgml : 19990101 ACCESSION NUMBER: 0000950152-98-009910 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19981231 ITEM INFORMATION: FILED AS OF DATE: 19981231 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DAYTON SUPERIOR CORP CENTRAL INDEX KEY: 0000854709 STANDARD INDUSTRIAL CLASSIFICATION: STEEL PIPE & TUBES [3317] IRS NUMBER: 310676346 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-11781 FILM NUMBER: 98779677 BUSINESS ADDRESS: STREET 1: 721 RICHARD ST CITY: MIAMISBURG STATE: OH ZIP: 45342 BUSINESS PHONE: 5138660711 MAIL ADDRESS: STREET 1: 721 RICHARD ST CITY: MIAMISBURG STATE: OH ZIP: 45342 8-K 1 DAYTON SUPERIOR CURRENT REPORT FORM 8-K 1 ================================================================================ SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): DECEMBER 31, 1998 DAYTON SUPERIOR CORPORATION (Exact name of registrant as specified in its charter) OHIO 1-11781 31-0676346 (State or other (Commission (IRS Employer jurisdiction of File Number) Identification No.) incorporation) 7777 WASHINGTON VILLAGE DRIVE, SUITE 130, DAYTON, OHIO 45459 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (937) 428-7172 NOT APPLICABLE (Former name or former address, if changed since last report) ================================================================================ 2 Item 5. Other Events On December 31, 1998, Dayton Superior Corporation issued the press release attached hereto as Exhibit 20.1. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. DAYTON SUPERIOR CORPORATION December 31, 1998 By: /s/ JOHN A. CICCARELLI John A. Ciccarelli President and Chief Executive Officer 2 3 EXHIBIT INDEX Exhibit No. Description (20) OTHER DOCUMENTS OR STATEMENTS TO SECURITY HOLDERS 20.1 Press Release issued by Dayton Superior Corporation on December 31, 1998 EX-20.1 2 EXHIBIT 20.1 1 EXHIBIT 20.1 [DAYTON SUPERIOR LOGO] FOR IMMEDIATE RELEASE FOR FURTHER INFORMATION CONTACT: DAYTON SUPERIOR CORPORATION JOHN A. CICCARELLI 7777 WASHINGTON VILLAGE DR. PRESIDENT & CEO SUITE 130 PHONE: 937 428-7172 DAYTON, OHIO 45459 FAX: 937 428-9115 - -------------------------------------------------------------------------------- Dayton Superior Corporation Reports Preliminary Lawsuit Verdict DAYTON, Ohio, December 31, 1998 -- Dayton Superior Corporation (NYSE: DSD) reported today that a jury has rendered verdicts against Symons Corporation, a wholly-owned subsidiary of Dayton Superior Corporation. The verdicts resulted from a civil suit brought by EFCO Corp., a competitor of Symons in one portion of Symons' business, in the United States District Court for the Southern District of Iowa. Although the preliminary total of the damages awarded by the jury against Symons is approximately $36.4 million, the exact amount of the damages (which could vary materially from the amounts specified in the verdicts) will not be known until after a hearing before the trial Judge, which is expected to occur in early January. In the case, EFCO alleged that Symons engaged in false advertising, misappropriation of trade secrets, intentional interference with contractual relations and certain other activities. The complaint did not allege any particular amount of damages. In making the announcement of the verdicts, Dayton Superior President and Chief Executive Officer, John A. Ciccarelli, said: "We at Dayton Superior have always emphasized adherence to the highest standards of business ethics and morality; we are, therefore, particularly disturbed by EFCO's allegations. The events that precipitated this case occurred well before we acquired Symons in 1997. During our pre-acquisition due diligence review, we were advised that there was no merit to these allegations. We still believe that to be the case. It is our sincere hope that the Judge will use the opportunity of the hearing in January to either materially reduce the damages or alter the verdict in our favor." Mr. Ciccarelli also said that, depending upon the Judge's ruling in January with respect to the verdicts, Dayton Superior is prepared to vigorously pursue post-trial motions and appeals. Whether there will be a significant financial impact on the Company cannot be determined until a final resolution of the case. Dayton Superior Corporation is the largest North American manufacturer and distributor of metal accessories and forms used in concrete construction and metal accessories used in masonry construction and has an expanding construction chemicals business. The Company's products, which are marketed under the Dayton/Richmond(R), Symons(R), American Highway Technology(R) and Dur-O-Wal(R) names, among others, are used primarily in two segments of the construction industry: non-residential buildings and infrastructure construction projects. -----END PRIVACY-ENHANCED MESSAGE-----