A:

The class action consists of two classes; you are a class member if you fit either class definition.

The Property Class consists of those who currently own, or who on or after December 1, 2003 have owned, private real property lying within the class area.

The Medical Monitoring Class consists of those who currently reside, or who at any time since 1966 have resided within the class area one, three, or five years (depending on where in the class area one lives or lived). Total residency of one year since 1966 is required for Zone 1. Total residency time of three years since 1966 is required for Zone 2. Total residency time of five years since 1966 is required for Zone 3. Residency time within a zone or zones closer to the former smelter facility but not meeting the total residency time for a closer zone is accumulated with any residency time within a zone or zones further away in determining total residency time. Zones 1, 2, and 3 are generally shown on the map printed on the Notice of Changes to Medical Monitoring Class Definition. If you have questions as to whether a particular parcel lies within Zone 1, 2, or 3 you may select Class Area at left. You will be able to search on current and past owners’ names or parcel i.d. number, except that owners’ names in the database do not include those who owned property within the class area only before December 1, 2003 or only after September 14, 2006.

Excluded from the Property Class are those who owned property within the defined class area, but only before December 1, 2003 or only after September 14, 2006. Excluded from the Medical Monitoring Class are persons who resided in the Class Area less than the required number of years since 1966 for one of the zones. Also excluded from the class action are defendants in this case, any entity in which a defendant has a controlling interest, or a current employee, officer, director, legal representative, heir successor, assign, or spouse of a defendant in this case.

A:

These agreements, attached to the original Class Notice, and available at Case Documents at left, are now approved and provided for the release of Nuzum Trucking Company and Joe Paushel as defendants in the case, and limit the assets of defendant T.L. Diamond, Inc. that can be executed as a result of any settlement or trial in this case.

A:

We cannot advise you on what you should do. Having said that, you have two options: you can be automatically included, or you may seek exclusion from the class.

First, if you are a member of the Property Class and/or the Medical Monitoring Class as amended in the Notice of Changes to Medical Monitoring Class Definition, you are automatically included in the Class Action. You need take no further action to confirm your membership in the class. You will have the opportunity to share in any relief obtained by the class whether by settlement or trial. You will be bound by the results of such trial whether favorable or unfavorable. If you previously were in the Medical Monitoring Class based on total residency of 277 days within the class area but do not have sufficient residency time under the amended Medical Monitoring Class, you are no longer in the Medical Monitoring Class and are no longer represented by Class Counsel.

Second, you have the option to exclude yourself from the class. If you wish to exclude yourself, you must mail a timely and valid request for exclusion to the Class Administrator, postmarked no later than August 6, 2007. If you exclude yourself, you will not share in any applicable relief obtained as a result of trial or settlement, you will not be bound by any decision on the claims favorable to the Defendants, and you reserve your right to present any claims you have against the Defendants by filing your own lawsuit. If you meet the Property Class definition and did not previously “opt out” of the class action by filing a timely exclusion form as provided under the prior notice, you remain in the class action for purposes of the Property Class even if you do not meet the amended Medical Monitoring Class definition. However, if you now wish to opt out of the class action entirely because you will no longer be part of the Medical Monitoring Class, you have until August 6, 2007 to submit an exclusion form.

A:

Q:

A:

Class Counsel will make an application to the Court for an award of reasonable attorneys' fees and expenses for the effort and costs they have expended in this litigation and the results obtained on behalf of the classes. Class Counsel will seek to charge fees and expenses to Defendants, but the Court could award some or all of the fees and expenses from any awards to the classes.

A:

You do not have to hire your own lawyer because class counsel is working on your behalf. If you want your own lawyer, you can hire one, at your own expense. If you want to file your own case, you must ask to be excluded from the class action. To file a case, you may need to hire your own lawyer.

A:

You may obtain additional information by writing to:

Class Administrator
Analytics, Inc.
P.O. Box 2002
Chanhassen MN 55317-2002

Or by calling 1-866-233-0124 toll free.