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By Order of the Court, a class action has been conditionally certified for settlement purposes. On January 9, 1996. a fairness hearing will be held at the Courthouse, United States District Court. Southern District of Alabama, 113 St. Joseph Street. Mobile. Alabama. 36602. at 9 a.m. Central Time, so the Court can determine if the class action should be finally certified and if the Woodward Settlement, as summarized in this Notice, should be approved as fair, reasonable and adequate. Although participation in this settlement is voluntary, all Woodward Settlement Class Members who do not timely exclude themselves from the lawsuit will be bound by the Woodward Settlement if it is approved.
L DEFINITION OF CLASS
Under the Woodward Settlement. Fundal® is defined as chlordimeform or any chlordimeform-containing product, either manufactured, formulated, packaged, distributed or sold by or on behalf of NOR-AM Chemical Company ("NOR-AM") or related parties, regardless of the trade name of the product; or any metabolite of Fundal*. including the substances known as 4-COT or 5-CAT. Galecron* has the same meaning as it did in the Price v. Ciba-Geigy Corp., Civ. No. 94-0647-CBS (S.D. Ala 1995), Settlement (''Price Settlement”). and is thus defined as chlordimeform or any chlordimeform-containing product, either manufactured, formulated, packaged, distributed or sold by or on behalf of Ciba-Geigy Corporation or related parties, regardless of the trade name of the product; or an> metabolite of Galecron*. including the substances known as 4-COT or 5-CAT
The Woodward Settlement Class is defined as: (I) All persons who fall into one of the following
categories, and who reside in the United
States as of the dale of filing of the Class
Action Complaint, who have been exposed
in the United States to Fundal* only, but not
to Fundal* and Galecron* or to Galecron*
only (“NOR-AM Exposed Persons”):
a. Formulators: An individual (whether or
not employed by NOR-AM Chemical
Company) who in the course of his or
her employment was exposed to Fundal*
while at a plant or site which was involved
in mixing, blending, packaging,
handling or otherwise formulating,pesticides
which contained, in whole or in
part. Fundal®;
72.0%