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The Clarendon Enterprise
Clarendon, Texas
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September 22, 1994     The Clarendon Enterprise
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September 22, 1994
 

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Page 8 I II II II'you are interested in being on the Bronco Football Ad, please contact The Clarendon News at 874-2259. I I I Come Hear Tom Langford* Speaking on "What Foreign Missions Did for My Congregation" 10:.45 a.m., Sunday, September 25, 1994 at the ChrlMian Church, 120 E. 3rd, Clarendon, Texas "Dr. Thomas Langford is an elder at the Quaker Avenue Church of Chdat in Lubbock, Trams. He is Professor of Englbh at l"ee Tech ann Associate Dean of the Graduate School ] The Lions Tale by Gene AIderson The Clarendon Lions Club held its regular meeting at noon on Tuesday, August 30,1994, at the Lions Hall with fifteen members, Lion Sweetheart Dee Willmms and one guest present. After a delicious meal, the meeting was called to order by Vice-President Jimmy Johnson. Following the regular opening ceremony a bingo report was given by Lion Todd Knorpp. • I E:bt (Iartubou .ftW The Club was honored by the official visit of Lion Sid Shaw, Dis- trict Governor of Lions District 2-T1. The traditional standing ovation was given when he was in- troduced. Lion Shaw's home club is Hereford. He commented that the Clarendon Lions Club would be observing its 75th anniversary in 1995. He urged the club to begin planning for a suitable banquet at the time and states that a high ranking speaker from Lions Inter- national would be available if the club sent in a timely request. District Governor Shaw ex- pressed concern over the drop in NOW OPEN FOR BUSINESS: | MCPHERSON MOTEL j. Hwy 287 Healey, Texas , Phone: - 806.e56-5481 New Chmem: Tom emd Becky Edmommn (So.-m-k00 ann OwohW Of tar v00ga LoW Rates Rmnelnl  "MCPHERSON MOTEl3 for area RlmUy Reuniom ann Get Together'81 Thursday, September 22, membership in Lions Clubs throughout the state. This decrease has reduced the amount of funds available to the Lions Camp in Kerrville, which serves both diabetic and crippled children, because $12.00 of each member's annual state dues goes to support the camp. He suggested that the club had ample prospects because he noted a lot of activity (people out moving around) in the community when he arrived here. He also stated that women were welcome as members in Lions Clubs. The District Governor sug- gested that the Club do a self- evaluation and pose the following three questions: 1. Where are you in regard to membership? 2. Where do you want to be? 3. How do you get there? In closing, District Governor Shaw suggested that our club join with a number of other clubs in a program called "Pennies a Day". In this program each Lion is asked to put his loose pocket change in a jar at the end of each day and then to bring the accumulation to the club Treasurer at each meeting to be donated to Leader Dog for the Blind gram. He stated that the would be amazed at the amount that could ff each member would There was no other business the meeting was adjourned. The Lions Tuesday, September Clarendon Lions ( regular weekly noon Thirteen members, Dee sweetheart, 1 pianist; and lowing guests were in and enjoyed a delicious pork chops and all the Ressell Estlaek, guest of Estlaek, Pat Robertson Delbert Robertson, director, Don Smith, Nelson Chrisite, at Clarendon College, presented the program hag 23 years on the Navajo Reservation. is native of the Clarendon munity. Boss Lion Jimmy called the meeting to order  dosed it. i i i i IMPORTANT NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND FAIRNESS HEARING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION Russell Price, et al vs. Ciba-Geigy Corporation NO. 94-0647-CB-S U.S. WORKERS WITH ON-THE-JOB EXPOSURE TO GALECRON ® and Their Spouses, Children, Other Relatives and Legal Representatives: GALECRON ® WAS A COMMERCIAL AGRICULTURAL PESTICIDE WHICH WAS MARKETED IN THE U.S. BY CIBA-GEIGY CORPORATION. IT WAS NOT MARKETED FOR RESIDENTIAL OR HOME GARDENING USE. U.S. WORKERS WITH ON-THE-JOB EXPOSURE TO GALECRON ® MAY BE ELIGIBLE FOR FREE MEDICAL MONITORING AND/OR CASH PAYMENTS UNDER A PROPOSED LEGAL SETTLEMENT. I i You may belong to a class of people covered by a' pro- posed settlement of a legal action ("Settlement"), and you may be entitled to receive the benefits of the Settlement. This Notice tells who is covered by the Settlement, and describes the litigation, the benefits of the proposed Settlement, and your le- gal rights. All Settlement Class members who do not timely exclude themselves from the lawsuit will be hound by the Settle- mum if it is approved. PLEASE READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS. FOR MORE INFORMATION CALL 1.8056S.3126 By Order of the United States District Court for the South- era District of Alabama, a class action has been conditionally certified for settlement purposes on behalf of Settlement Class Members (as defined below) who may now or later have claims against Ciha-Gcigy Corporation arising out of work-related ex- posure to Gaiecron®. On January 30, 1995, a fairness bearing will be held at the Courthouse, United States District Court, Sentbem District of Alahama, 113 St. Joseph St., Mobile, Ala- buma, 36602, at 9:00 a.m. Central Time, so the Court can deter- mine if the class action should be finally certified and if the Settle- meat mmmarized in the Notice should be approved as fair, rea- sonable and adequate. This hearing may be continued without fenher notice. t. FHT OF 'UmS Under the SettleneBt, Galecron® is defined as ehlordimefocm or any c-ferm-containing product, either manufactmed, formulated, ckagnd, distributed or sold by or on behalf of Ciha-Geigyn or related parties, regard- less of the trade name of thd product; or any metabolite of Galecron@, including thebstan known as 4-COT or 5-CAT. The Settlement Class is defined as: f (1) All persons who fall into one of the following categories, and who reside in the United States as of the date of filing of the Class Action Complaint, who have been exposed i n the United States to Oaiecron® ("Exposed Persons") a. t Wo€: An individual (whether or not em- ploynd by Ciha-Geigy Corporation) who in the course of his or bur employment at Ciba-Geigy Corporation's St. Gabriel, Louisiana or Mclntosh, Alabama sites, was exposed to Galeoron®, includ- ing, without limitation, individuals who worked in manufacturing, formulating or packaging Gdccron® or in the waste disposal of Galecroo@, or worked in the eonslruction, demolition or main- tenance of any facilities used for the foregoing ac- tivities at such St. Gabriel, Louisiana or Mclntosh, Alabama sites; or b, Falaton: An individual (whether or not em- pioynd by Ciba-Geigy Corporation) who in the courx ofhi  her employment was exposed to GaleeronO while, at a plant or site which was in- volved in mixing, blending, packaging, handling or otherwise formulating pesticides which contained, in whok or in part, Cndecmn®; or c. /k: An individual (whether or not em- ployed by Ciba-Geigy Corporation) who in the course of his or her employment, was exposed to Oalron® while involved in the application of pes- ticides which contained, in whole or in part, , including, without limitation, aerial and land applicators, llagmen" mixers, blenders, load- ers and other indivkioals who handled such pesti- ei  to or during the application process; and d. ": An individual (whether or not employed by Cibu-Geigy Corporation) who in the course of his or her employment was exposed to Cadecmn® at the Clean Land, Air, Water Corpo- ration or Environmental Purification Advancement, Inc. disposal sites located war Bayou Sorter, Loui- siana; at Empak, Inc. in Deer Park, Texas; or in a testing or research laboratory, whether or not owned by Ciha-C-eigy Corporation; or (2) The spouses, parents, children or other relatives of the Ex- posed Persons described above. (Collectively "Settlement Class Members"). Note: If you are an Fapmed Person, you are a Senlement Class Member whether or not you have been diagnosed with an illness. Spouses, parenu, children or other relatives are Settlement Class Mem- rs but the claims they are settling are limited to those arising an f.,rpeud Person's exposure. Gtleeron® was registered for use from 1968-1989. Some Kemt Pmous may have been exposed before or after those dxa. II, IMPORTANT MEDICAL NOTICE To Plant Workers, Formulators, AppHentors and Other Covered Workers (as defined above): You may have an increased risk of developing bladder cancer if you had on-the-job exposure to Galecron®. Work- ers exposed to Galecron® should participate in a medical monitoring program because early detection of bladder can- cer ean result in rnore effective treamaent. As part of the Settle- ment, Ciha-Geigy has agreed to establish a medical monitor- ing program for the detection of bladder cancer for those in- dividuals who do not exclude themselves from the lawsuit. Within six months, this program should be available free of charge to all Exposed Persons who do not exclude themselves from the lawsuit. If you had on-the-job exposure to Galecron®, it is rec- ommended that you or your doctor call 1-800-f-3126 to learn how yon can obtain further medical information or en- roll in the medical monitoring program. III. BRIEF SUMMARY OF LITIGATION On February 8, 1994, a class action lawsuit was filed against defendant, Ciba-Geigy Corporation CCiba-Geigy"), in Alabama State Court, which lawsuit was later removed to the United States District Court for the Southern District of Alabama. The Complaint, as amended, alleges that the Settlement Class as defined above is entitled to damages for medical monitoring and other compensation as a result of Exposed Persons' exposure to Galecron®. " CJba-Geigy has filed an Answer denying all essential al- legations of the Complaint, and asserting affirmative legal de- fenses. The Court has decided that the case can proceed as a class action for purposes of settlement only. This does not mean that the Class Representatives would have been successful had the case gone to trial. The Court has made no such determina- tion, and the proposed Settlement is not to be construed as an expression of any opinion by the Court as to the merits of any of the claims asserted against Ciba-Geigy. IV. PROPOSED SETTLEMENT A Settlement has been entered into between the Class Representatives, Class Counsel and Ciba-C-eigy, which will m- solve all past, present and future claims against Ciha-Geigy aris- ing out of Exposed Persons' exposure to Galecron®. The Settle- ment provides for the establishment by Ciba-Geigy of two funds to provide medical benefits and compensation to Exposed Per- sons or their legal representatives. (D The Medienl Monitoring and Treatment Fund I'ne Fnmi'). If the Settlement is approved, Ciba-Gcigy will make an initial deposit of $5,000,000 into the MMT Fund, and will thereafter make additional deposits on an as-needed basis. There is no limit to the amount of money Ciba-Geigy can be required to contribute over the life of this Fund. The MMT Fund will pay for a medical monitoring pro- gram designed to detect at an early stage the form of bladder cancer alleged to be associated with Galecron®: specifically, primary urothelial carcinoma of the urinary collecting system, i.e., renal pelvis, ureter, bladder and urethra. The MMT Fund also will pay for all medically necessary treatment not paid.for by Medicare or Medicaid if the Exposed Person has been or in the future is diagnosed with such bladder cancer. The MMT Fund will pay for medical monitoring to Ex- posed Persons for a period of 20 years, and will pay for medical treatment until one full year passes with no claims for treatment being filed but in no event less than 20 years. Ciha-Geigy will have no obligation to continue the medical monitoring and treat- ment program if the Settlement is not approved. Only Exposed Persons, i.e., eligible Plant Workers, Formulators, Applicators and Other Covered Workers, as'defined in this Notice, will be entitled to medical monitoring and treatment. (2) The Disease Com_uensatton and bdminlrMtcm If the Settlement is approved, Ciba- C-eigy will also make an initial deposit of $30,000,000 into the DCA Fund. In addition to medical treatment paid for by the MMT Fund, the DCA Fund will make cash payments of up to $410,000, as set forth in more detail below, on behalf of an Ex- posed Person who, after exposure to Galecron®, has developed or in the future develops the form of bladder cancer alleged to be associated with Galeeron®: specifically, primary urothelial car- cinoma of the urinary collecting system, i.e., renal pelvis, ureter, bladder and urethra. Cash payments will vary depending upon the Exposed Person's age, smoking status and participation in the health screening program. For Exposed Persons who am non- smokers and participants in the health screening program, the cash payments will be as follows: (a) $10,000 in the event of treatment involving an invasive procedure (this is a one-time payment regardless of the number of procedures); (b) up to $150,000 in the event of a radical cystectomy (bladder removal) with diversion of the urinary tract, which amount will decrease with a person's age to a minimum of $10,000 if the Exposed Person is 85 years or older; and (c) up to $250,000 in the event an Exposed Person's death is found to he caused by bladder can-. cer, which amount will decrease with age to a minimum of $17,500 if the Exposed Person is 85 years or older. An Exposed Person may collect separately for (a), (b) and (c) above, so that the maximum payment to an Exposed Person is $410,000. The cash payments described above will be reduced by 12.5% if the Exposed Person had smoked in the five years prior to diagnosis. A separate 12.5% reduction will be made if he or she had failed to participate in the health screening program in each of the three years prior to diagnosis (or in each year that the program was available, if less than three years). The DCA Fund also will pay $1,000 to any Exposed Person who was diagnosed with hemor- rhagic cystitis within three months following exposure (this is a one-time payment regardless of the number of manifestations). In addition, the DCA Fund will pay for administrative costs, and class counsel's attorneys' fees, costs and expenses as determined by the Court. All cash payments from the DCA Fund are paid only on account of a compensable claim of an Exposed Person, i.e., an eligible Plant Worker, Formulator, Applicator or Other Covered Worker, as defined in this Notice. Cash payments to a spouse, parent, child or other relative will only be made if they are the legal representative of an Exposed Person. The benefits of the DCA Fund will continue as long as the MMT Fund continues, or until the I)CA Fund is exhausted as set forth below. Ciba-Geigy has agreed to pay up to a maximum of $45,000,000 for the benefits afforded by that Fund. If the DCA Fund is exhausted, Ciba-Geigy may continue paying for compensable claims. If Ciba-Geigy does not continue to pay, Settlement Class Members will be able to opt-out of the DCA Fund and will regain their right to pursue any legal claims they may have, except for claims for medical monitoring, medical treatment, fear of illness or cancer, or increased risk of illness or cancer, because medical monitoring and treatment will continue to he available. (3) Other Conditions. The Stipulation of Settlement presently provides for medical monitoring, treatment and com- pensation payments for certain medical conditions set forth in this Notice. In the event, however, that a Court approved Epide- miology Panel determines to a reasonable medical certainty that any other medical condition is caused by Galecron® exposure, that condition will be deemed a compensable claim, and will he eligible for medical monitoring (if feasible); medical treatment; and cash payments. The cash payments will not exceed the maxi- mum amounts payable for the covered medical conditions set forth above. (4) Administrator. A nationally recognized entity or entities with substantial investment and medical claims admin- istration experience will he appointed by the Court to administer the Settlement. The Administrator will determine whether a Settlement Class Member is eligible for benefits under the settle- taunt. Any disputes concerning a Settlement Class Member's entitlement to benefits will he resolved by a Medical Advisory Panel or by a single arbitrator, depending upon the issue in dis- pute. The decision of the Medical Advisory Panel or arbitrator each have the effect of an arbitration decision and shall be hind- ing upon all parties, including the Settlement Class Member. (5) Release. Settlement Class Members who do not exclude themselves from the Class release all past, present and future claims: (i) relating to the covered medical conditions listed above; and (ii) relating to an Exposed Person's exposure to Galecron®, including all claims alleging that any other cancers, personal injuries or risks are caused by exposure to Galecron®. This means that claims that Galecron® exposure caused any con- dition other than those medical conditions listed above will be released, but will receive no compensation or treatment, unless the Court approved Epidemiology Panel finds that such other condition is caused by Galecron® exposure. The release is ef- fective as against Ciba-Geigy and certain additional releasees as defined in the Stipulation of Settlement, including Ciba-Geigy, Ltd., the parent of Ciba-Geigy. If you believe you urea member of the Settlement Class, and have any questions regarding any of the benefits set forth above, you are urged to call 1-800-565.3126 for further in- formation. V. CLASS REPRESENTATIVES AND CLASS COUNSEL The Court has designated the following Settlement Class Members, Russell W. Price, Leslie E. Hoven, Grady W. Brown, Jennie Ropp Brown, Jack Hadey Woodward, Alta Woodward, Joe H. Bowman and Martha Annie Bowman, as class represen- tatives to represent all Settlement Class Members. The Court has also designated as Class Counsel the following individuals: Timothy E. Eble; J, Cecil Gardner; Joseph J. McKernan; S.C. Middlebrooks 11I; Charles W. Patrick, Jr.; and Patrick W. Pendley. The Class Representatives and Class Counsel believe that the proposed Settlement is fair, reasonable and adequate. Class Representatives and Class Counsel have entered into the pro- posed Settlement after weighing the substantial benefits against the probabilities of success or failure, and the long delays that would be likely if the case proceeded to trial. There has been no agreement between the parties regard- ing attorneys' fees. At the fairness hearing, Class Counsel will request the Court to award attorneys' fees and reimbursement of costs and expenses, to be paid from the DCA Fund. Class coun- sel will request a percentage fee award not to exceed 20% of the benefit conferred on the class, half of which will he requested to be paid over a 4-year period while legal work continues. Vl, RIGHTS AND OPTIONS OF SETTLEMENT CLASS MEMBERS If you are a Settlement Class Member, you have the fol- lowing options: (I) You may do nothlue and remain a Settlement 'If you choose to take no action, your interests as a member of the Settlement Class will he represented by the Class Representatives'and Class Counsel, at no cost to you indi- vidually. You will be bound by any judgment or final disposition of the litigation, and may participate in the benefits available as a member of the Settlement Class. It is important, however, to fill out the REQUEST FOR INFORMATION FORM in order to learn how to receive benefits. (2) You mgy rPmin a Senlment Class Member aM either represent yonrmif or hire your own attorney to renre. You or your attorney must file an Entry of Appeanmce with the Clerk of the Court and send a copy to Class Counsel and Ciba-Geigy, at the addresses set forth be- low. Such Entry of Appearanoe must be filed by December 16, 1994. (3) You may remain a Settlement Class Member and KIJgAhtlk Any Settlement Class Member who does not elect exclusion from the Settlement Class and who ob- jecas to the proposed Settlement must mail such objections and any supporting papers to the Clerk of Court, at the address set forth below, on or before December 16, 1994. If the person fil- ing the objection intends to appear personally at the January 30, 1995 Fairness Hearing described abcve, he or she must file with the Clerk. on or before December 16, 1994, a Notice of Intent to Appear. Any Seulement Class Member who does not file objec- tions in the time and manner described above is forever fore- closed from raising any objection to such matters. Any Settle- ment Class Member whose objection is overruled will still be bound by any judgment or final disposition of the litigation. Copies of all objections and Notices of ntent to Appear that are mailed to the Clerk of Court must also be mailed to Class Coun- sel and to counsel for Ciba-Geigy at the following addresses: Class Counsel Counsel for Ciba-Geigy Galecron Class Action Henry B. Alsobrook, Jr. P. O. Box 974 Adams and Reuse Charleston, SC 29402 4500 One Shell Square New Orleans, LA 70139 (4) If YOU choose to remain a Settlement Class Mem- ber iunder Ovtions 1, 2 or 3 above), you may receive the benefits afforded by this Settlement within six months of the Court's Order directing this Notice. Ciba-Geigy has agreed to make all benefits afforded by this Settlement available to Settlement Class Members on an interim basis prior t final Court approval of the Settlement. The appropriate Proof of Claim forms will be required (see Section Vll below), and an appropriate re- lease will be required for any cash payments made. During this interim claims procedure, class counsel's fees and expenses will be paid upon approval of the Court and ultimately deducted from the DCA Fund initial deposit. (5) You may request exclusion from the Settlement Class. If you elect to be excluded from the Settlement Class, you will not be bound by any judgment, disposition, or settle- ment of the class action, but you also will not be able to partici- pate in the Settlement. You will retain and be free to pursue any claims you may have. If you wish to exclude yourself from the Settlement Class, you must mail a request for exclusion to the following: Clerk of Court United States District Court For the Southern District of Alabama 1.13 St. Joseph Street + Mobile, Alabama 36602 Your exclusion request must set forth your full name and cur- rent address. Your written request for exclusion must be post- marked no later than December 16. 1994. VII. PROOF OF CLAIM PROCEDURE In order for an Exposed Person to receive medical moni- toring, he or she will be required to submit proof of certain em- ployment-related exposure to Galecron®. In order to receive medical treatment or the disease compensation outlined above, a Settlement Class Member will also be required to have been diagnosed, subsequent to exposure, with one of the covered medical conditions listed above. A Proof of Claim to partici- pate in medical monitoring may be submitted at any time during the duration of the program. A Proof of Claim for a covered medical condition must be submitted within one year of diagno- sis (or, if the condition has already been diagnosed, within one year after approval of the Settlement). The Proof of Claim is designed so that you may complete it yourself. Class Counsel is available to answer questions you may have about claims procedures, without charge to you. If you desire legal assistance, you are free to retain an attorney of :our choice. To obtain a Proof of Claim Form for medical monitoring, medical treatment or disease compensation, please call 1-800- 565-3'126 or fill out the REQUEST FOR INFORMATION FORM below and mail it to Class Counsel at P.O. Box 974, Charleston, SC 29402. No benefits will be available to any member of the Settlement Class unless he or she submits the necessary Proof of Claim Form. VIII. FOR FURTHER INFORMATION THIS NOTICE IS ONLY A SUMMARY The complete terms of the Settlement, and all other pleadings and relevant documents in this litigation, are on file and may be examined or copied during regular business hours at the offices of the Clerk of the Court, United States District Court, 113 St. Joseph Street, Mobile, Alabama 36602. DO NOT CALL THE CLERK OF if you have any questions about this Notice or the Settle- ment. Address any questions regarding this Notice or Settle- ment in writing to the Class Counsel at P. O. Box 974, Charles- ton, SC 29402, or by calling 1-800-565-3126. Any requests for additional information" like the Proof of Claims Forms or a complete copy of the Settlement, should be made by calling 1-800-565-3126, or by filling out the REQUEST FOR INFORMATION FORM below and mailing it to Class Counsel. It is recommended that all Settlement Class Members who do not wish to exclude themselves mail the REQUEST FOR INFORMATION FORM, as it will facilitate further com- munication if the Court approves the Settlement. If you do not mail the attached form, the Court may not be able to communi- cate with you directly and you may not learn how to receive your benefits. Mobile, Alabama Dnte: September 1,1994 By Order of the Court Judge Charles R. Butler, Jr. (TEAR ALONG DOTTED LINE-- PLEASE PRINT OR TYPE) REQUEST FOR INFORMATION FORM (This is not an Opt-Out Request) [] I would like to have more detailed information of the Settlement mailed to: NAME: ADDRESS: CITY, STATE, ZIP TELEPHONE NUMBER: Mail this Request to: L_ Galecron Class Action RO. Box 974 Charleston, SC 29402 Howardwick City Minutes September 13,1994 The Howardwick met in regular session Tuesday, September 13, 7:00 p.m. in Howardwick City ! In, attendance were: Mayor, Clark; Councilmen, Thompson, Bob Hall, Willie Cauley, Margaret Pettit; Secretary, Dianna Knight guests, with Churl Linquist absent. Call To Order: Mayor, 7:00 p.m. and present. Minutes: The minutes August 9th, and August 30, were read and approved as Amend Budget for 1994: Bob Hall made a motion the Council amend the 1993-1994 to the effect: more than was projected, add this amount to mowing. will raise the projected from $7,000.00 to $9,424.17. ! Add $330.00 to General ministration Salary, Trash Expense; $1,035.00 to & Maintenance', to Fuel, Grease, & Oil. The was seconded by Margaret Motion carried with a five ing vote. Financial Statement: August Financial Bob Hall made a prove, with a second Pcttit. Motion carried with nothing vote, Bills To Be Paid: Thompson made a motion to the bills, with a second by MeCauley, Motion carried five to nothing vote. Letter To Contract Margaret PeRk made send a letter as to when the t mowers should start their The 1994 or earlier, and the start on October 24. 1994. tion was seconded by W'dlie Cauley. Motion carried with to nothing vote. Dumpsters: Council to add two more dumpsters trash.Trash Charges and Resolution: Since the first taken on this matter was a and not a resolution, it was and therefore, it has to be sidereal. After a lot of this item was tabled till the meeting in October. Adjourn: With no business, Bob Hall made a to adjourn, with McCauley. Motion carried five to nothing vote. You can't rustle up atougher pair ofboots. Red Wing PuII-On pecos Boots. From the brand you trust. James Owens Leather Goods