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• IP <br /> satiate throughost she visited and IN Ismiewies wbo we aggilmaant ot ashosiersolom wet <br /> gyps* peek of info ad AO veal the gym*wallboard, gamete or lath to the etarlrectios et <br /> my ar pet*mod, of any kW OF al sedan, Mrih tier the wawa of atleek <br /> 3. The Omura Contractor Clue rspnasaaed by dos plaintiffs' is Twosome Newws,Inc v. Magi PAW Gym <br /> Cowrpaay, n ai..CM) Action No. 70.267$ sad consisting of all parsons and besinms entities throup>wst the <br /> United States and its territories who were general bedding contractors who built for the account of others <br /> s <br /> any structure or part thereof,of any kind or character, which included gypsum wallboard, piaster or lath. <br /> 4. The First Owner-Builder Class represented by the plaintiffs In&won Towne Associate:,el el. r. Fibreboard <br /> Corporation,it of..Civil Action No. 69-565,and I:maiming of all persons and business entities throughout the <br /> United Sales and its territories,except those penes and business entities referred b itz lbs dales:-wholesaler, <br /> applicator or subcontractor, general contractor, or governmental classes, who bulb or cawed to be built for <br /> their own account, whether for their own we, rental or sale. any structure of any kind or character istvolviing <br /> the Inc of gypsum wallboard, plaster or lath. <br /> 5. The National Governmental Class represented by the State of West Virginia and including al!governmental <br /> or political subdivisions, and aq other public agencies. divisions. departments, districts, catporatiaas, and <br /> authorities by whatever name. this ce form (except the United States of America) throughout the United <br /> States and its territories who built for their own account, or had built for them, whether for their own use at <br /> for rental or resale to others, any structure or part thereof of any kind or character which included gypsum <br /> wallboard. plaster or lath excepting only the states and entities listed in paragraph C.6 below. <br /> 6. The State-wide Governer..;n: Ciac;;: x.11 mks, counties, cities and other local or regionsl ltd <br /> or political subdivisions. and all other public agencies, divisions, departments, districts, corporations. and <br /> authorities by whatever name,tide at fonts within the following awned states,who bait foe their out aavoµat, <br /> or had built for theses, whether for their own we oe for rental or resale to others, any structure or part thereof <br /> at any kind or character which included gypsum wallboard. plaster or lath, within the following stages: <br /> Arizona Illinois New Jersey Tennessee <br /> California Indiana New Mexico Texas <br /> Colorado Kansas North Dakota Washington <br /> Connecticut Maryland Oregon West Virginia <br /> Idaho Nevada South Dakota Wisconsin <br /> D. SETTLEMENT <br /> All defendants have agreed to pay the aggregate amount of Sixty-Seven Million. Six Hundred Forty Thousand <br /> Dollars (367,640,000) in final settlement of all claims involved in this litigation including the claims of plaintiffs, <br /> intervenors and members of the plaintiff classes. A substantial portion of the above settlement has been invested <br /> and interest is being earned which will be added to the settlement fund. <br /> Subject to approval of the Court. the Settlement Agreements provide that the settlement fund shall be divided <br /> among the members of the classes, including all plaintiffs and intervenors. in the following proportion: <br /> Dealer-Whoksakr Class 21.1396 <br /> Applicator or Sub-Contractor Class 21.1396 <br /> General Contractor Class 10.1 Its <br /> Governmental Classes (50 States and all subdivisions thereof) 10.0 96 <br /> First Owner-Builder Class .... . .. ... .._. .... .,....... 36.9 96 <br /> The distribution of the settlement fund among the members of the classes, including all plaintiffs and iniervenon, <br /> will be based upon plans of distribution (per the above percentages) to be filed by the class repetesestatives with <br /> the Court for its consideration and approval or modification at subsequent proceedinp. <br /> Other than foe the governmental classes, such plans of distribution will be based upon purchases of gypsum <br /> wallboard, lath and plaster during the period January 1. 1963 through December 31, 1967. Subject to approval of <br /> or atoditicatian by the Court,each designated unit of purchase shall have the fallowing weight: <br /> CahnMwr Yours <br /> 1963 1 <br /> 1964 1 <br /> 1965 1 <br /> 1966 2 <br /> 1967 2 <br /> All attorneys' fees. costs of litigation :and expenses of notice and administration incurred in cognation with <br /> this settlement as may ba allowed or approved by the Coon shall be deducted from the settlement fund. Attorneys' <br /> Ws for counsel for cial.s repre,cntatives will not be charged against claimant* represented, a*of September 4, 1973, <br /> by coup>M of record. <br /> 2 <br />