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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)
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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
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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
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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
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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.
