City Council Agenda and Packet 1973 10 16

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•Any Notting —y draw from the settlement V, In ill jrd tub Ind m ender rep portion of the class ors embalm The litigation would than as m wti wilMrarring dsEeedase. The seamen:: and the lmerela s sljowtioa agreement have ban pramert to tra Crash for 1M 'pproval punaust to tr a 23(e). Federal Ram d CM how, and the Court his wing des arbedeekas thereof to class members. Thew agrees eenta Mrs been flied with the Out of the Court and are available fir your h%specdoe. As more fully set forth In the settlement agreements, upon approval of the settlements by the Court, and such approval bccurning Anal.each plaintiff and intervenor, and each class member which does not ellet to be eteluded as herein prosided. shall be deemed to have covenanted to refrain from proceeding against the settling defendants. or any of them, on any present or prospective claim pertaining to any trading and construction redness manu- factured from gypsum. including any gypsum or related products, and rotating to any direct or indirect purchase. or transactions occurring prior to the dates of the settk ent agreements, which agreements ate dated in the period July 10 to August 15. 1973, and which claims are wetted under Federal or State antitrust law or beard on any alleptioas of collusion,conspiracy or similar assertions. NOW THEREFORE TAKE NOTICE that a hearing win be held commencing 10:00 A.M., P.S.T., on Thursday,November 29, 1973, before the Honorable Alfonso J. ZitpoIi, United States District Judge, Seventeenth Floor,United States Courthouse,450 Golden Gale Avenue,San Francisco,California for the purpose of determining the fairness and adequacy of the settlement and of the allocation of the settlement fund among the plaintiff classes. The Court will not consider at that time the distribution of funds within a particular class, which matter Is reserved for subsequent hearings and determination by the Court. YOU ARE ADVISED: 1. You may qualify as a member of one or more of the above defined classes. 2. It you are a member of one or more of the classes defined above,which include all plaintiffs and intervenors, you will be included in,and you will be bound by, any judgment in this litiption, including any settkchsnt appr+ored by the Court and any determination affecting the classes d which you are a member, whether favorable or not, unless you mall to the Clerk of the Court on or before November 1. 1973, a written election to be excluded from the claws of plaintiffs. If you elect to be excluded from the class or classes as herein defined, you will remain free to pursue on your out behalf whatever legal rights you may have, but you will not be entitled to participate in any distribution from the settlement fund. 3. If you desire b be excluded from this litigation, complete the form herein and mail it to the Clerk of the . Court at the address noted below not later than November 5, 1973. (Continued an page 4) Civil No. 46414-A AJZ GYPSUM CASES Fieriest Co be Excluded {Mud be pvaimarted by November 5,1573) TO: Fergus R. Pettigrew,Acting Ckrk United States District Court Northern District of California P.O.Box 36014 San Fraackoo,California 94102 The underbiped hereby requests to be excluded from the classes established in le Re Gypsums Cates, Civil No.46414-A AIZ,pending in the Northern District of California. Name or ausiners Entity or Government*!Body Of say} By - - &suture of Authorized Person Typed or Printed Name and Tide of Pennon Sprint Address Date: City y State- Zip Code . 1973 3