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Legal Notice
Notice of Proposed Settlement of Class Action
Mary Louise Fairey, et al. v. The Exxon
Corporation, et al. |
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| YOU ARE
HEREBY NOTIFIED OF A PROPOSED SETTLEMENT OF THIS
CLASS ACTION, OF HEARINGS TO BE HELD BY THE
COURT TO DETERMINE WHETHER IT SHOULD BE APPROVED
AND TO DETERMINE THE REASONABLENESS OF CLASS
COUNSEL’S FEES AND REQUEST FOR REIMBURSEMENT OF
COSTS. |
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| This class
action was filed on September 18, 1992 by Mary
Louise Fairey and others for themselves and for
all others similarly situated with respect to
the actions of Exxon Corporation, its
predecessors and successors, arising out of
contamination of real property in South Carolina
due to Exxon’s service station operations which
caused damage to that real property. Exxon
denied any liability or wrongdoing in response
to the claims that were made against it. |
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| The class,
on whose behalf these claims were asserted and
on whose behalf the proposed settlement would
benefit, consists of: |
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| THOSE PERSONS WHO
POSSESS AN INTEREST IN REAL PROPERTY
WITHIN THE STATE OF SOUTH CAROLINA THAT
HAVE BEEN POTENTIALLY CONTAMINATED BY
PETROLEUM PRODUCTS, OR CHEMICALS
ASSOCIATED WITH PETROLEUM PRODUCTS THAT
HAVE LEAKED, SPILLED, OR BEEN RELEASED
INTO THE ENVIRONMENT EITHER FROM EQUIPMENT
OWNED, OPERATED OR CONTROLLED BY EXXON,
ITS AGENTS OR ITS PREDECESSORS, OR FOR
SERVICE STATION OPERATIONS CONDUCTED BY
EXXON, ITS AGENTS OR PREDECESSORS, OR
UNDER THE CONTROL OF EXXON OR ITS
PREDECESSORS. |
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| This Court
previously certified this case as a class action
on March 13, 1998 and gave notice concerning the
existence of this Class on March 4, 1999, which
afforded all of those who wished to be excluded
an opportunity to exclude themselves from this
case. IF YOU FIT THE DESCRIPTION SET FORTH ABOVE
AND DID NOT REQUEST TO BE EXCLUDED BY JULY 30,
1999, YOU ARE A MEMBER OF THIS CLASS AND THE
PROPOSED SETTLEMENT MAY AFFECT YOUR LEGAL
RIGHTS. |
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| The
attorneys for the Class and the Class
Representatives and the attorneys for Exxon
placed a Settlement Agreement on the record on
July 18, 2003. The Court has considered its
terms that day and preliminarily approved those
terms, subject to final approval or disapproval
after a Fairness Hearing to be held as described
below. On August 18, 2003, pursuant to the
Settlement Agreement, Exxon paid funds into a
South Carolina interest-earning account. If the
Court finally approves the settlement, this Fund
will be utilized under the supervision of the
Court for the payment of Class members’ claims,
Class counsels’ attorneys fees and costs, and
such other costs as the Court may determine are
appropriate. Copies of the transcript of this
Settlement Agreement may be obtained by a Class
member or their counsel by making written
request of Class counsel sent to the
address for Class counsel set forth at the end
of this Notice. |
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| The
Settlement Agreement resolving this matter will
not be effective unless and until the Court
makes a final determination as to its fairness
and that the settlement is a fair, reasonable,
and adequate compromise of the aggregate claims
of the plaintiff class as a whole. In order to
assist the Court in making this decision, the
Court will hold a Fairness Hearing on October 7,
2003, commencing at 9:30 a.m. in Orangeburg,
South Carolina. The Court will also consider at
this hearing an award of attorneys fees to Class
counsel and the final payment of the reasonable
costs advanced by Class counsel during the
pendency of this action. Class counsel shall
file on or before September 4, 2003 in the
Clerk’s Office, Court of Common Pleas,
Orangeburg County, documentation supporting its
request for attorneys fees, the final payment of
reasonable costs, and such other documentation
as it deems appropriate in support of the
reasonableness of the proposed settlement. Any
Class member may appear and raise any objection
he or she may have to the proposed settlement at
this hearing, provided he or she has filed
written objection in the Clerk’s Office, Court
of Common Pleas, Orangeburg County, to the
amount of the settlement, or to Class counsels’
proposed fee or to the reasonableness of Class
counsels’ costs not later than September 24,
2003. Written objections to the settlement, fees
or costs must also be served on Class counsel by
sending such objections to the address for Class
counsel set forth at the end of this Notice at
the same time and by the same means as they are
filed with the Clerk of Court |
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| If the Court
approves the proposed settlement, it will,
subsequent to the Fairness Hearing set forth
above, set forth a claims process to be utilized
in order for qualifying Class members to prove
the validity and amount of their claims in order
to secure payment from the Settlement Fund.
Class members will be given reasonable notice
concerning the filing of claims and the
procedures to be followed for such claims. |
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| CLASS COUNSEL: |
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C. Alan Runyan, Esq.
Marion C. Fairey, Esq.
Lee D. Cope, Esq.
SPEIGHTS& RUNYAN
Post Office Box 685
Hampton, SC 29924
(800) 348-3805
www.speightsrunyan.com |
Charles H. Williams, Esq.
WILLIAMS & WILLIAMS
370 St. Paul Street, N.E.
Post Office Box 1084
Orangeburg, SC 29116-1084
(803) 534-5218
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Last
Update:
Thursday, 22 January 2004 |
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© 2003 Speights & Runyan |
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