HomeMy WebLinkAbout141-95 RESOLUTIONRESOLUTION NO. 141-95
A RESOIUTION APPROVING 'THE KATHERINE BARNHAR 1
AND CITY OF FAYETTEVILLE. ARKANSAS STIPULATION
OF SETTLEMENT SUBJECT TO COURT APPROVAL.
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Katherine Barnart and City of Fayetteville, Arkansas Stipulation
of Settlement Subject to Court Approval is hereby approved. A copy of the stipulation and
settlement is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 21st day of November , 1995.
ATTEST
By:
Q4AL
Traci Paul, City Clerk
APPROVED:
Fred Hanna, Mayor
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IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS
KATHERINE BARNHART, for herself
and all other similarly situated,
v. No. E 89-1170
CITY OF FAYETTEVILLE, ARKANSAS;
CITY OF WEST FORK, ARKANSAS:
WASHINGTON COUNTY, ARKANSAS;
NORTHWEST ARKANSAS RESOURCE
RECOVERY AUTHORITY; UNION NATIONAL
BANK of Little Rock, Arkansas; and
FINANCIAL GUARANTY INSURANCE COMPANY,
PLALNF
DEFENDANTS
NOTICE OF HEARL's G FOR SETTLEMENT BETWEEN THE TAXPAYERS/SANITATION
RATEPAYER CLASS AND THE CITY OF FAYETTEVILLE, ARKANSAS
TO All TAXPAYERS AND SANITATION RATEPAYERS OF THE CITY OF
FAYE1 1EVILLE, ARKANSAS:
NOTICE IS HEREBY GIVEN THAT:
The pending action in :he Chancery Court of Washington County, Arkansas, Katherine
Barnhart v City of Fayetteville, Arkansas; City of West Fork, Arkansas; Washington Counts'.
Arkansas,, Northwest Arkansas Resource Recovery Authority; Union National Bank of Little
Rock. Arkansas; and Financial Guaranty Insurance Company (Incinerator litigation), previously
certified as a class acttor., vias remanded June 26, 1995, by the Supreme Court of Arkansas to the
Chancery Court reversing the Chancery Courts Final Order of May 20, 1994. Thereafter. the
Plaintiff's Class Represer.tative and her attorneys have entered into a Stipulation of Settlement
i Settlement Agreement) with the City of Fayetteville and its attorney subject to Court s
Approval.
The Court on the 1st day of December, 1995, preliminarily approved the Settlement
Agreement, approved this notice, found that this Notice was the best notice practicable under the
circumstances and set a hearing for final approval of settlement for December 28, 1995, at 9:00
a.m.. in the Chancery Courtroom in the Benton County Courthouse in Bentonville, Arkansas.
Your rights will be affected by the Settlement Agreement.
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TERMS OF SETTLEMENT
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WHEREAS, the Plaintiff (as hereinafter defined) and the City of Fayetteville have agreed
to settle, resolve and compronuse their several claims and disputes on the terms and conditions
set forth herein.
NOW, THEREFORE, it is hereby stipulated and agreed as follows:
1. DEFINITIONS.
As used herein the following terns shall have the following meanings unless the context
c4 erwise requires:
1.1 "Class" shall mean all ratepayers and taxpayers for which Katherine Barnhart was
certified to represent as class action representative pursuant to Rule 23 of the
A.R.C.P. by order of this Court, i.e. the taxpayers and sanitation ratepayers of the
City of Fayetteville, Arkansas.
1.2 "City of Fayetteville" (hereinafter referred to as the "City") shall mean the City of
Fayetteville as a municipal corporation existing under the laws of the State of
Arkansas and its past, present, or future directors, alderman, council members,
officers. controlling persons, employees, agents, representatives, attorneys of record
in the Barnhart Litigation, assigns, beneficiaries, predecessors and/or successors in
interest.
1.3 "Plaintiff" shall mean Katherine Barnhart individually and on behalf of the class and
class members she represents.
1.4 "Person" shall mean individuai, corporation, partnership, association or other entity.
1.5 Ratepayers" shall mean any person who paid the increase in sanitation rates for
residential, commercial and load-ali pickup set forth in Fayetteville Ordinance No.
3444.
1.6 "Illegally Exacted Sanitation Rates" shall mean all sanitation rate increases collected
from residential, commercial, and load -all pickup Ratepayers pursuant to
Fayetteville Ordinance No. 3444.
2. ORDER ANT) JUDGMENT.
The Plaintiff and the City stipulate and agree to be bound by and will jointly reques: :hat
the Court enter an order and judgment which will contain the following substance and matter:
2.1 Illegally Exacted Sanitation Rate Refunds.
a. Ratepayers shall have the opportunity to receive a prorata refund of all
illegally exacted sanitation rates paid less the award of attorneys' fees set forth below.
b. The Court shall appoint Special Master Judge Richard Mobley or other
person mutually agreed upon by :he Plaintiff and the City to serve as special master
to supervise, as approved by the Court, the method and procedure of the refund
process.
c. The expenses of administering the refund including the special master
shall be borne by the City.
2.2 Attorneys' Fees of Plamtiffs Attorneys.
a. Attorneys for the Plaintiff shall receive for an award of attorneys' fees
and costs for representing the Class an amount of one half of the illegally exacted
sanitation rates. hi addition said attorneys shall receive a1: interest on the illegall}
exacted sanitation rates earned while said monies were retained by the City up to and
including the date of court approval of this agreement or other date mutually agreed
to by the parties.
2.3 Undistributed funds paid into General Fund of City.
a. All illegally exacted sanitation rates which remain after reasonable effort,
approved by the Court, have been made to refund such monies to the ratepayers shall
be paid into the general fund of the City and tnay be used by the City in any manner
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as its Council may approve including but not limited to, any payments made by the
City pursuant to this Supuration or any order of this Court.
2.4 Payment of Costs and Expenses of Class Representative.
Recognizing the demands upon the time and schedule of Katherine Barn} art as
class representative and others who have served in the capacity as class
representative during this protracted litigation, those representatives shall receive the
sum of $1,000.00 per day for each required court, appellate and deposition
appearance as payment for their costs and expenses. Such amount shall be paid from
the attorneys' fees awarded above.
2.5 Stipulated and Agreed Amounts.
a. The Plaintiff and the City stipulate and agree that $4,088,296.76 was
collected from Ratepayers as illegally exacted sanitation rates pursuant to Ordinance
No. 3444.
b. The Plaintiff and the City stipulate and agree that the interest on the
illegally exacted sanitation rates earned while said monies were retained by the City
up to and including October, 1995, amounts to $535,693.00.
2.6 Full and Conjplete Discharge of all Class Claims against the City.
a. Except for any specified rights granted to the Class by any further order
of this Court, any claims, demands, and causes of action of the class, and each and
every member thereof, and/or their attorneys of any kind or nature in connection with
directly or indirectly any subject matter decided in this litigation or in connection
with directly or indirectly, the incinerator project, Ordinance No. 3444, the
Northwest Arkansas Resource Recovery Authority, the subject matter which is the
basis of the Cuv of Fayetteville vs. Men;, et al., Washington County Circuit Court,
Case No. 95-973 and/or Boatmen's Trust Ca of Arkansas v. City of Fayetteville et
al., U.S. District Court, Western District of Arkansas, Case No. 95-5214 are forever
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acquitted, discharged and released as between the Plaintiff and the City. This
provision does not restrict or limit Barnhart's attorneys from pursuing collection of
additional attorney fees from any other party to this action by petitioning this Court
for those fees.
2.? No intervention.
a. Plaintiff and Plaintiffs counsel agree not to intervene or seek to intervene
in any manner in the City of Fayetteville v. Men;, et al.. Washington County Circuit
Court, Case No. 95-973 and/or Boatmen's Trust Compan) of Arkansas v. City of
Fayetteville, et al., U.S. Distnct Court, Western District of Arkansas, Case No. 95-
5214 nor to intervene or seek to intervene, in any action which may in the future exist
regarding the subject matter of such lawsuits and further agrees not to initiate or
bring any action regarding the subject matter of such lawsuits.
2.8 Mutual Cooperation.
a. Plaintiff. Plaintiffs Counsel and the City mutually agree to cooperate and
do all things reasonable to assist the City in their mutual goal of the pursuit of ail
claims currently in existence or which may be initiated by the City to seek recovery
against other parties for damages resulting to the City as a result of the failed
incinerator project and/or the issuance of bonds by the Northwest Arkansas Resource
Recovery Authority (Series 1985).
2.9 Supreme Court of Arkansas O_ptmon.
The opinion of the Supreme Court of Arkansas styled Barnhart v. City of
Fayetteville, et al., No. 94-969 delivered June 26, 1995. is incorporated herein by
reference. Notwithstanding anything contained in this stipulation of settlement,
plaintiff, and her attorne) s retain the right to enforce the Supreme Court opinion by
contempt and any other appropriate proceedings in this Court or the Supreme Court
of Arkansas.
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3.
PROCEDURES AND CONDITIONS TO EFFECT STIPULATION OF SETTLEMENT.
3.1 The Plaintiff, Plaintiffs Counsel and the City will jointly request that the Court take
the following actions and order the following events:
a. Conduct a heanng on December 1, 1995, beginning at 1:00 p.m. for the
purposes of:
i. Preliminary Approval of this Stipulation of Settlement.
ii. Appointment of a special master with instructions to present to the
Court a proposal for the method and procedure of the refund process.
iii Approving a Notice of Stipulation of Settlement and Hearing.
iv. Find that notice by publication is the best notice practicable under
the circumstances and that Notice of Settlement should be published twice in
the Northwest Arkansas Times and Morning News.
v, Set the date of December 27, 1995, as the cut off date by which any
and al] objections to this Stipulation of Settlement must be filed with the
Chancery Clerk, Washington County; and
vi. Set and conduct a hearing on December 28, 1995, at 9:00 a.m., in
the Benton County Courthouse to consider final approval of the Stipulation of
Settlement.
b. At the final approval hearing consider and approve the amount of the
refund, the method and procedure of the refund process. approve the attorneys' fee_
and expense award: and enter :he Court's Final Order and Judgment.
4. MISCFI LANEOUS.
4.1 The undersigned attorneys of record for Katherine Barnhart for herself and al] o:hers
sirnilarly situated warrant to the City that they have the authority to settle the issue of
attorneys' fees for all attorneys who represent or represented said Plaintiff during the
course of said litigation and that any and all claims or liens of any nature regarding
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the payment of attorneys' fees, costs and/or expenses are the sole responsibility of the
undersigned attorneys of record for Katherine Barnhart, for herself and all others
similarly situated, and said attorneys agree to indemnify and hold harmless the City
from any such claims including but not limited to the attorneys' fees, if any required
in the City's defense of any action seeking additional attorneys' fees other than as
stipulated and agreed herein.
4.2 This Stipulation of Settlement shall be governed by and interpreted m accordance
with the laws of the State of Arkansas.
4.3 This Stipulation of Settlement constitutes the whole agreement between the Plaintiff,
Plaintiffs counsel and the City and supersedes all earlier agreements, oral or written.
if any. The parties hereto state and acknowledge that they have not given or relied
upon any representations, warranties, or promises which are not set forth herein.
4.4 This Stipulation of Settlement may be modified, but such modification must be in
writing and approved by the parties hereto or may be modified by court order
YOUR RIGHT TO OBJECT
As a class member, you may intervene and be heard objecting to the settlement. Your
pleading must be filed with the Chancery Clerk's Office, Washington County Courthouse, 280
y ; go /,r a,, oto aa -
North College, Suite 302, Fayetteville, Arkansas 72701, on or beforepDecember 35, 1995, with a
copy served upon the following counsel:
E Kent Hirsch, P.A.
107 West Emma Ave.
Springdale, Arkansas 72764
Marshall Dale Evans
36 East Center
Fayetteville, Arkansas 72701
Jerry Rose, Fayetteville City Attorney
113 West Mountain Street. Room 302
Fayetteville, Arkansas 72 702
If you file an Intervention, you may testify, make your arguments or objections at the
hearing to be held on December 28, 1995, at 9:00 a.m. in the Benton County Courthouse,
Chancery Courtroom Division One, Bentonville, Arkansas. If you do not intervene, you may not
object or be heard or present any evidence on December 28, 1995, during the hearing to consider
Final Approval of the Settlement. You, as a class member, will be bound by :he Court's
decisions and Orders.
You, as a member of the Class, are represented by attorney-at-law E. Kent Hirsch, P.A.,
107 West Emma Avenue, Springdale, Arkansas, 72764 and Marshall Dale Evans, PEARSON,
EVANS & CHADWICK, 36 East Center, Fayetteville, Arkansas, 72701. If you have any
questions or desire a copy of the Settlement Agreement, you may contact either of these
attorneys.
If you desire to review any part of the entire file of this matter, the file is available for
inspection during the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday except for
holidays at the office of the Washington County Chancery Clerk, Kathleen Harness, Washington
County Courthouse, 280 College, Suite 302, Fayetteville, Arkansas 72701.
Dated this %der- day of December, 1995.
By:
Washington County Chancery Court
The Honorable Oliver L Adams,
on Special Assignment
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CERTIFICATE OF SERVICE II
certify that on the I day of
I have caused to be placed in the
true and correct copy of the above
I, Jerry E. Rose, hereby
, 1995,
U.S. Mail, postage prepaid, a
and foregoing to:
The Honorable Oliver L. Adams
Benton County Chancery Court
102 N.E. A Street
Bentonville, AR 72712
Kent Hirsch
107 West Emma
Springdale, AR
Jim Rose, III
Rose & VanWinkle
P.O. Box 1504
Fayetteville, AR
Marshall Dale Evans
Pearson, Evans & Chadwick
72764 36 East Center
Fayetteville, AR
72701
Larry W. Burks
Friday, Eldredge & Clark
400 West Capitol, Suite 2000
72702 Little Rock, AR 72201-3493
Robert H. Baron
Cravath, Swaine & Moore
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019
George E. Butler, Jr.
207 West Center
Fayetteville, AR 72701
Jerome J. Paddock, Jr.
321 West Center
Fayetteville, AR 72701
George K. Cracraft
13314 Pompano
Little Rock, AR 72211
Je ry ?. Rose
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IN THE CHANCERY COURT OF WASHINGTON COUNTY
KATHERINE BARNHART, for herself and all
others similarly situated,
vs.
E-89-1170
CITY OF FAYETTEVILLE, ARKANSAS;
CITY OF WEST FORK, ARKANSAS;
WASHINGTON COUNTY, ARKANSAS; and
NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY,
UNION NATIONAL BANK, Little Rock, Arkansas;
and FINANCIAL GUARANTY INSURANCE COMPANY,
O
PETITIONER;
U>
CO
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RESPONDENTS,
INTERVENORS.
ON this 1st day of December, 1995, came on to be heard
the motion to preliminary approve the settlement agreement, the
Plaintiff class appearing by and through their attorneys Kent
Hirsch and Marshall Dale Evans; for the City of Fayetteville
appears Jerry E. Rose; and the Court having correspondence from
Union National Bank, by and through their attorney Larry W. Burks,
informing the Court they will not attend the hearing; and having
correspondence from Financial Guaranty Insurance Company, by and
through their attorney Robert H. Baron, informing the Court they
will not attend the hearing and noting their objection to §2.6(a)
of the aforementioned agreement.
The parties to the agreement desire to terminate all
complex and protracted litigation between such parties regarding
the issues of attorney fees and refunds of monies found to be
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illegally exacted in the manner set forth in the Stipulation of
Settlement Subject To Court Approval filed herein.
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The Court having been advised of the contents of the
settlement agreement finds that the settlement agreement should be
preliminary approved and notice given to the members of the class
as required by Rule 23(e) of the A.R.C.P.
IT IS THEREFORE ORDERED that the Settlement Agreement is
preliminary approved subject to notice and objections being heard,
if any, by members of the class.
IT IS FURTHER ORDERED that the Court hereby approves the
Notice of Settlement presented to the Court and finds that notice
by publication is the best notice practicable under the
circumstances and that notice of settlement should be published
twice in the Northwest Arkansas Times and Morning News.
IT IS FURTHER ORDERED that the Court finds that it is
necessary and compelling that a master be appointed and accordingly
the Court hereby appoints Richard Mobley, Russellville, Arkansas
("Master") for the following purposes, functions and
responsibilities:
1. To consider and recommend to the Court on or before
December 28, 1995 the method and procedure of the refund process.
2. Such other duties, functions and responsibilities as
shall be ordered by this Court in connection with the
administration of the refunds pursuant to further order of this
Court.
3. Since the Master will not handle any money or funds,
the Master shall serve without bond.
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4. The expenses of administrating the refund including
the special master shall be borne by the City.
IT IS FURTHER ORDERED that the date of December z27-, 1995
is hereby set as the cut-off date by which any and all objections
to the stipulation of settlement must be filed with the Chancery
Court, Washington County. y#
q.'ao A.n e—
IT IS FURTHER ORDERED that a hearing is set forADecember
28, 1995 in the Benton County Courthouse to consider Final Approval
of the Stipulation of Settlement. Only members of the class filing
an intervention with the clerk on or before December 27, 1995 will
be heard.
IT IS FURTHER ORDERED that contingent upon approval of
the settlement, at the December 28, 1995 hearing the Court will
also consider the method and procedure of the refunds as
recommended by the Master, approve the attorneys fees and expense
award, and enter the Court's final order and judgment.
DONE AND ORDERED this 1st day of December, 1995.
WASHINGTON AUNTY CHANCERY COURT
AE'F OV
Marshall
By:
Honorable Oliver L. Adams
Chancellor on Assignment
Attorney for Plaintiff
Kent irsch, iAt'tLgrney for Plaintiff
Jerry ED Rose, Attorney for Defendant
City of Fayetteville, Arkansas
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IN THE CHANCERY COURT
OF WASHINGTON COUNTY,
ARKANSAS
KATHERINE BAPNHART 'or
he'seP and a I other s milany
situated PLAIN- FF
v No E e9-1' 70
CITY OF FAYET-EM LLE,
ARKANSAS Cry OF WEST
'CRK. ARKANSAS
WASHINGTON COUNTY
ARKANSAS' NCRTHWEST
ARKANSAS RESOURCE RE-
CCVERY AL-HOR,'V JNION
NATIONAL BANK of L!'ie v
Rock. Arkarsas and F•NAN- 1
CIAL GUARANTY IN- 1
St.RANCE COMPANY CE -
PENDANTS
NOT'CE OF HEAR,NG FOP '
SETTLEMENT BETWEEN THE a
TAXPAYE RSSANITATION o
RATEPAYER CLASS AND THE m
CITY OF FAYE--EV LLE. p
ARKANSAS
TO ALL TAXPAVEPS AND to
SANITATION RATEPAYERS p
OF THE CI ,Y OF FAYET-E-
VIJLE. ARKANSAS:
K
NOTICE IS HEREBY G VEN al
HAT; a
-he perdirg act on it 'he se
Chancery court of Washington 1
Courty, Arkansas Katherine le
Barrrart v C''y cf rayet'e sr
vale. Arkansas; Waseington I.5'Ratepamt
County, Arkansas; NortMvesi •shy parson who 1gj f ef$
Arkansas Resource Recovery CO MO in isardtatleatalaB
Authority; ltnion Nagano! residentiah 09 a Gia 8
Bank aY Little Rock, Arkansas loaithed piclkap to N.
and F nancial Guaranty in- Fayetteville Ordinance
surance Company (Incinerator 3444.
Lgabor) previously certified 1.6 'Illegally Exacted Sanll
as a Wass action was re- Ilon Rates' shall mean
marded June 26. 1995. by the sanitation rate Increases co
Supreme COLT: of Arkansas to leered from'resldenual, corn -
the Chancery Court reversing martial, and loaO.all prcku
the Chancery Courts Final Or- Ratepayers pursuant to Faye
der of May 20. '994. Morelli- teville Ordinance No. 3444.
er the Plaintiff's Class Repre-
senlative and her attorneys 2. ORDER ANO JUDGMENT
have entered ,n:o a Stipule- The Plaintiff and the City so
!on of Settlement (Settlement pulate and agree to be baun
Ag•eerrent) with the City of by and will jointly request that
Faye:tev'Te and is attorney the Court enter an order an
sub ect to Court's Approval judgment which will contai
The Court on the 1st day of the following substance and
December 199S, preliminarily matter,
aporcved the Settlement 21 Illegally Exacted Sande
Agreement aoproved this no- ton Rate Refunds.
t co. 'curd 'Fal this Notice a. Ratepayers shall have the
was ;he best notice practice- opportunity to recetve a prore-
b,e u-ce' to c rcumstances la refund °Lail wetl-
and set a hearirg 'o' final ap- ed sanitation rates paid ess
prove, o' settlement for be- the award of attorneys' fees
ramose 2a. 1995, at 9:00 aim , set TOAhbelow. y
n the Chancey Courtroom to b The Court shall appoint
the Benton Coanty Court- Special Water Judgpee Richard
'o.rse in Bertonvfile, Aiken- Mobley or other pe?a•On tutu-
sas Your r 6"ts will be affect- ally agreed upon by die Plain-
ec by the Sett emert Agree- 111f and the City to aemye as
nail special master to supervise.
as approved TERMS CF SETTLEMENT method and prgce80t O athe Catch ble
WHEREAS t -e Plaintiff las refund protest,
-ereinat'er defined) and the c The expenses ddl edmlme-
e :y or FayelieV1lle have tering the ftfund 9Re'krdhlg
agreed :o seta resolve and the special master Shall be
compromise :near several bornebytheCItyi
claims and d spLtes on the 2.2 Attorney's Pees of 'Plain -
terms ard conditions set forth tiff's Attorneys. qa,,
herein a. Attorneys for tfi rual11fl}f
NOW Ti-IEPEFCPE. it Is here- shall receive for an award of
by sl' u ated and agreed as attorney's fees and costs tor
follows repretenfing 'ale Man van
1 OEFIN' •ONS amount of the half of the il-
As used here.n the following legally .exaoted (sanitation
terms sial ave the 'Wowing rates. In additfOri said attor-
mean rgs JnIess the context nays shall receive le Interest
c'herw,se -ern. -es on the illegally exacted iean4
' 'Cass' shall mear ab ra- tabun rates 'earned while said
:epayers and taxpayers for morias ware retaigqed 7,11;�le
welch Katherine Barnhart was City up to S7itj k Judmg•Ihe
cerified 'b represent as class date of court a denial of this I
act c' representative pursu- agreement trgthj shutUh t
an. ,p Rule 23 of the A R.C.P. ally agreedfoby -�
by order of this Court. .e. the 2.3 Undisidbuted hinds paid
Taxpayers and se -atelier 'ata• into General fl9ulet011y, •
Ayers of the Coy of Fayette- a. All '(legally exacted sant- c
file. Arkansas taken rates which remain af- d
2 "' ty of Fayetteville' ler reasorabte enorl, ap-
hereinafter re'er-ad to as the proved by the iCodrdr ?rade
City') shar near the City of been made tOyefund tueltrno: t
ayettev Ire as a nun opal nles to the fatepayers shad be
corporation ex s1 ng under the paid into the senerel fund ti
aws of the State cf Arkansas the City and May be used by A
nd ns past present. or future the City an any manlier as IS vi
vectors. a'derman, ccuncil Council rnay approv l Ihctud•
embers. oa,ce's. caruoiling ing but not limiters to, :any
erscns. er-ployees. agents. payments made by the City
eoresenlabves. attorneys ot pursuant to this Stfpulatibn or
cord n The Barnhart Lldga= ti+y`order oft is Court.
on, assigrs, penehc arias. 2,4 Payment O1 COME and Eft •
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redecessors and/or suttee- .pestes of CIaas Bepresenta-
sors m interest rya. ti
' 3 'Pla'nylr shall mean Recdgnr2thg the demands g
athenne Barnhart ndividu- apart ale d� ca SOO* of
ly and o' babel 0' the class Katherine arirhgrt as bless
nc classs members sne repro- representative rated otherb who a
its have Served in:dietety'gg
e 0e -son' shall mear rrda- class reoresentalWe dllllrrl``n t
dual. corporation. partner• this prat -tidied 11 Igaypn re
ip association or other enl- ;hose representatives shh88]1II In
calve the sum of
s' ;OOb,ao p
d pay day tor each required' in existents
irl. court, appellate and deposi- Initiated by '
tot 1100 appearance as.payment recovery age
fid for their costs end expenses. for damages
In Sock =punt Shag be paid City flCrg
No. from the attorney's fees incineratorgl
awarded above Issuance 51
a- 25 Stipulated and Agreed Northwest Aft
ell Amounts. Recovery A,
I- a. The Plaintiff ane the City 1985). .. N
stipulate and agree that 2,9 Suprema
I 54 068 296.76 was collected sits OpInPo@r
t- from Ratepayers as illegally The cpm.,,,
exacted sanitalior rates pur- Cour: ot .
suant to Ord,rance No 3444. Barnhart v'n
b The Plaintiff and :he City vile. et al„ N
- stipulate and agree that the ered June 20
d Interest or the illegally exact- porated h4tgl
ed sanitation rates earned Notw,thstaa't
d wh le said mor es were re- contained In
n :aired by the C ty up 10 and of selCemen
including October, '995, her attorneys
amounts to $535,693 30. to enforce did
- 2 6 Full and Complete Cis- opinion by.
charge of en C ass Claims other soProp
against the City •r this Coed
a. Except 'or ary specified Court of
rights grarted to the Class by 3. PRO_"„•
any further order 01 tis Court CITIONS 110
any claims demands and LATTONOFSS
causes el action of the crass 3 1 The Ple
and each and every member Counsel a
themaf. and/or their attorneys totnti rrggaeg
of any kind or nature in con- take theloljott
neaten with directly 0- loci- order the
wetly any subject matter de- a. Conduct a
c•ded in This I ligation cr in cemoer T.,
connection with drectly or in- 1 00 p.m, fartl
directly. the incinerator pro- i. Prelmin
ect O'dinarce No. 3444 the Stipulation d{.'Sl
Northwest Arkarsas . esou cit •1 Appointmel
Recovery Authority, the sub- master wiQ(fit i
ect matter which ,s the basis breaert t0 $g
Of the City of 'Faye:lev'I:e vs. sat for the
Ment, et al. Wash niton dure of the..
County Circuit Court .ase i l Appro.,,,
No,''98--973'and/or Boatmen's Sliulattelte
Pfust CO. bf Arkansas v C ty Hearing.
rot Fayedeville et al . J S Die- iv Find that f
tJf1CtOtpt,
;Wester DlstriCl of cation is VW
eas, Case No. 95-5214 ucsble undi
are orever acquitted, dts- stances add
tbargad and Wetted as bet- Settlement >a
waren the Plaintiff and the tithed twiteB
City. This provision does not Arkansas T,
ml3at$tt to !omit Barnha't's at- News •
torneys 4rpp1 pursuing codec- v. Set the
Coo of - ethane' attorneys 27 199.5,2
ees .Rom any other party to which any M,
his attlbn by petitioning tors to this Shpblj
Coudlot those. fees ment must b
2.7 Nointervention, Chancery Cdr
8. Plaintiff and Pia miffs County. and
Ounsel a(free 1101 tO intervene vi. Set and sol
r seek to intervene in any on December
manner in the C ty o1 Fayette- 2 m . ,n the
We'd late -rd. et ai . Washing- :our(hbuse fp
on County Circuit Cburt, approval o1 tit
Gase.No, 95-973 and/or Boat- Settlement
men's Tibet Company o' b. At :he :mai,
rka7Ta d V Cay cf Fayette- mg congtaer iy
Ile, yet la/US. District Joon, amount at t$
\Vattern'DisthJct of Arkansas, method arid fat
Gess Alo '955214 nor to inter- rotund pro
Vena be seek td intervene fn attorneys' feet
an.' ' - pn which may in the award; and art
fast regarding the sub- F nal Order
ttiatter df such Lawsuits 4 MIS
and hatter agrees not lo •m- A 1 them
ate Or bung any actior re- of record ley
atdind the subject matter of hart'0r her
��,4ulch wsuits. similarly situ�i
2.8 mutual Cooperation he city that Mr-
.
Plaintiff, Plaintiff's Counsel inertly :o sett)
ifedlfte City Megan), agree to attorney's tee
ooperate aad`do aJ things -eys who repo
asonable to assist the City sented saidfl
their mutua goal of the the course oh
ursuit of all c aims carrenlly and that any
1
•
it w'11ch ray be liens of any nature•regarding P.A. 107 West Diana Avenue
Ae City to seer the payment of attorney s Springdale, Arkansas. 72764
nst other parties fees costs andlor expenses and Marshall Dale Evans.
result rg to the are the sole responned Qslb lity of PEARSON. EVANS 8 CHAD -
/01 of the failed the Center, Fayet-
luted ardor the record for Kat enne Barnhart. 1evi11e 36 MKanSaS. 72701 If
bonds by the for nerself and all others slni- you have ✓0'y questions or de -
Ames Resource lady situated. and sale altar- sire a copy of Pre Settlement
lthor ty :Series nays agree to indemnify and Agreement, you may carnet.
hold harmless the City from either of theseattomeys
' Court of A-kan- 'arty such maims including buy
not limited to the attorney s If you desire to review any part
bf the Supreme 16es. if any required in the c' the entire foe of this matte-.
t enses staled City's defense of any action the fi.e is available for 11 -
of Fayette- seeklrg additional attorney's spechon during the hours of
0.5,i tees other Oar
as Stipulated o�r
. 19 is delis-
andageedhereinthrough Fr day. except
!n by reference 4.2 This Stipulal]On of Settle- holidays et the office of the
ling arytn ng ment shall be gDVemedby and Washington County Chancery
this stipulation 'rlerpreled In accordance Clerk, Kathleen Harness.
¢, plaintiff, and with the taws of the State of ashen Pon County Coude
retain the right Arkansas. house,
Supreme Cur! 4 3 This Stipulation of Settle- 302 Fayetteville. Atkersas
attempt and any men: constitutes the whole 72701
tate proceedings agreement between the Plain-
er the Supreme fPlatifsconsand
1st day of Decent
ffias tinsupersedes I nat,
5
g3bS AND CON- e agreements. oral or written.
EFFECT STIPU- if any. The parties hereto stere Washington County Chancery
TTLEMEVT and acknowledge that they Court
atilt P,a,nt ft s have not given or relied upon By The Nona -eh a Oliver L
the n that thCity Court ties, or promsesilvnch arear not mertns pit ,-- Assign -
ring actions and set fort, herein.
gevents a 4 This Stipulation o' Settle-
ment may be modified lax
such modification must be it
writing and approved by ale
parties hereto or may be mod -
ffed by court order.
v'OUR RIGHT TO OBJECT
As a class member, you may
intervene and be heard sh-
eeting tothe settlement Vow
process pleading must be filed wnr,
_ Notice of the Chancery Clerks Office
ttlement and Washington. County Court-
house, 280 Norm College. Su -
ice by pub•'- ite 302. Fayettevike, Arkarsas
st no1•ce prao- '2701, on or before 430 p.n
one circum- or December 26, 1995 with a
hal Notice o' copy served upon the fol'ow-
oIld be pub- Ing course'.
the Northwest
S and Morning E Kent Hirsch. PA,
107 West Emma Ave
of December Springdale. Arkansas 72764
cut of' date by y
al. objections Marshall Dale &vans
lion of Settle- 36 East Carter
Wed w the Fayetteville Arkansas 727C'
, Wasn.ngtor
Jerry Rose. rByettevll e C
duct a rearing Attorney v
1995. at 300 113 West Mountain Street
Aentcr County Boor, 302
tq consider final Fayettev Ile Arkansas 72'2
B Strodiabor of
•f you life en bvervent cit you
may lestily. date VOX argt
menis or objecticrs at 'he
hear ng 10 be held or Deco--
ber 28 1995, a: 9U0 air •-
Ilia Berton Courty 00J-1
rouse Crerce'y Courtroc—
Divis on One Benton 1 e
A'kensas 1' you do roc ante
vene. you -las rot object or be
pgned attorneys herd or present any evidence
tatherine Barn- on December 28. 1995 du-irg
• and ab others Ire rearing :c consider r,, e
ted warrant le Aporcva o' the Settlerrer:
By have the au- You as a Class Tambo' w
e one ssue o' be mound ty the Courts de::
a for al alter- Sons and Orders
esent or repre
'lam:rfl dun rg You as a mender or the
sato I ligation Class are represerted by a'
-rid all claims o- torney-a1-law E Ker: Kisch.
taring on De-
, begmmng at
purposes o'
pproval of this
tit
t of a special
siruct ons to
Cava a prcoo-
enc proce-
SPproval hear -
he eco ova !•e
e refun0 the
meedure of the
6 acp'Cve 'he
1 are expense
ter the Court 5
Judgment
=CJs
STATE OF ARKANSAS
County of Washmg:rn
1
}
ss
•
hereby cer-
tify that I am the publiher of ''1 NORTH '#ES7 ARKANSAS TIMES. a dal].
newspaper having a second class m 1 mg pnvilege. and being not less than four page„,,
five columns each. published at a fixed place of business and at a fixed (daily) mterval!
continuously in the City of Fayettevi le. County of Washington. Arkansas for more than
a penod of twelve months. circulated and distributed from ac established place of bus[c es
10 subscnbers and readers generally of all classes in the (city and County for a definitepnc
for each copy, or a fixed price per annum. which price was fixed at what is considered th¢
value of the publication, based upon the news value and service value it contains. that a
least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
newspaper or its agents or through recognized news dealers over a period of at least sit
months and that the said newspaperpublishes an average of more than forty percent new
matter -
I further cerljfy that the legal notice hereto attached m the matter o
(yam' Inc
was published in the regular dal y issue of said newspaper for
consecutive insertions as follows.
The first insertion on the
Q 34
the second insertion on the r\l[�-\/
the third insertion on the
lejeL
day of 19 qt 5"
day of 14 95— ✓
day of 14
and the fourth insertion on the _ day
Sworn to and suhscnbed before me on this
My Commission Expires
'7-195-C15-
)
-195-05
Publisher ! (iea/ra] Manage
day t
Fees for Printing
Cost of Prof
eal
$ 1073C1' .
5193^��'
v„
house. 280 College. Sebe 302
Dated he %redid i Arkansas 7270
1989. rr�Y ��.
Washington
in91on _oun$y en
ancary
EAly
s r'e Honorable Oliver 1.
Ada On Spec•el Assign -
Certificate or Service
i et m E. Rose hereby omty
,rtes. !/r- 9.S
AFFIDAVIT OF PUBLICATION
STATE OF ARKANSAS,
County of Washington
ITOM STALLBAU:MER do solemnly swear
that I am
PUBLISHER
-"'7ryarree�
Cook I
tn9aamanto and when to FAX
atan'FAX
The Morning News of Northwest
request to aur r a srs.awArkansas, a daily newspaper having
THES. DEP ARr7y3 general circulation in said county,
EQcu•oppmd do solemnly swear the said ad-
ertisement was published for
CDL
bar, 18951 have ' D
caused1
Oait a prepaid. above true Mae TWO
correct copy of the ve and
foregarnoto: above d DAYS m said
TheHonorable
o wourny chance )O BTU Dem $1 27newspaper, the said publication ap-
02 4.E '
TIONER
consecutive
A ry
torvale, AR 72764 Streets Ben• pearing
Jur Rose , 111, Rose 8 van-
Whkk, PO. Boz 1504. Fayet-
teville AR 72702
Robert M baron, Cravath.
Swaine & Moore Worldwide
Plate 825 Eighth Avenue.
hew Ycr*L NY 10019
George E. Butter Jr. 207 Weal
LAtitto Fayetteville. AR
Marshall Da
Dab E 72701
Dear
t
Evans & Chadwick. 36 East
Center. Fayetteville. AR 72701
LaEl-
dredge a Burks criday, El-
drodg Suite lark 400 West
AR 72201 343J00. Lib) Rads.
.14•011011J Paddock. Jr 321
West Center, Fayetteville. AR
-2701
George Y Cracraft. 133.4 -
°cmPano Little Rack, AA,
72211
Jerry E Pose
December 6 13. 1995
ttJ'—Call -
any —
SWIM •L0P6IS
LO -S0
UBpltpal °ampsv so -Rho -soma
I'ZI SSQ SIiV 32gmnl,I3I
day of
day of
day of
day of
day of
day of
DEC
DEC
19
19.
19.
19.
19
95
95
raJColdorg ,S1nuodd
Subscribed and sworn to before me this
DECEMBER , 19
My commission expires
tary Public
Publication charge is $
•
AFFIDAVIT OF PUBLICATION
STATE OF ARKANSAS,
County of Washington
I,
that I am
TOM STALLBAUMER do solemnly swear
PUBLISHER
NOME't Mees% In aanitieeu retake _darty Wilds canna
FOR TRE ifekientlet, abet ,.v iuPutt net IL Jdla darn
BETWEEN eMid.ul players/It forth In fit the easiest....,;
TAKPAYt71BIBANRM Pm/Mtn ale OrdMmae No. mince No. 3444.
RATEPAYER CASA. . 3aa -. . Arkansas Resource
THE COY OF 16 Illegally Exacted Sento- Authority. the sUb)e
FAyE17EVL,_Ball sent' which is the badCO tie
e
4 ton Rake' Bfafi neer
consider and approve the
amount of the refund. the
method and procedure of the
process, approve the attor-
riy9 lees and manse award.
r and enter the Courts Ford Or-
der and Judpnent
AAKMIMB,. i.e that rata Fnrsaaes canted Fayetteville vis Mertz et al., 4. Mboetamors.
In the ChanDISFAlasr4 of diertenwltlmslal, commercial, Washington County C
Court Case No. g5-979
Ketthertn Washington mlledabr her- pew Counly, staple- We 7o "Fayetteville in Boaaram's Trust,Ce.
see and •11 aper Dj ata- rsKOfatb. Seen ass v City d
W%, PantLatmtlo.i 70..2 OslareWJudgmant • Lr Lplairkl Cp .....
City ol Fayewylta Mantas; The Plaintiff and the City an• ON MOMS. • `- No ty to settle the issue of attar -
City al West Fort,pu1efayd agree o De bound 95-5214 are forever acquitted, neys' fees for at attorneys who
Washington Coady, A=el$vr Villnbintly request hat discharged and released as represent or represented said
Northwest MeitaGJnbl ee tlra Court enter an order and between the PlaiMtt and the Plarntlt during Me course of
Recovery Authority; UMpr Na- judgment wild will contain the City This provision don nal said litigation and that any a
tonal Bank of Little Soak, totionng
a appd met restrict or first Bwdrwys art- and all claims or hens of any
n
Arkansas; and Financial Gan 'S • . cloys from pursuing collection nature regarding the payment
anty Insurance R811+fidsdend'Sardine/1 of additional attorney tees lrerrattorneysattaeys tees, costs and ;or
fondants..
art 4.1 The undenagned attorneys
Of re r4 for Kahanm
hee Ba -
Tad Ida reat mit all Olen
dm0egy. Stated warrant bt the
m.LTy tarthey have mo
the tor -
inn)' Date Paty
r to hs acceh by
expenses are the sole reapon-
ro A6 d h
Taxpayersl file- '4. Ratepayers theft have the petitioning this Cour tor hose 'inn'inne onderaigned at -
ton Ratepayers d «1 Ci ' it dp$ atu fly to *nee a prore- fees honeys d record M Katherine
Fayetteville. Arkar .- • k refund of at Magdy exacted 2 7 No Imarvenbon Barnhart lar herself and all
Notices hereby gar that sdnitatlon rates paid less the e. Pleinbfl and Plaintiffs doun- others amaany situated, and
The pen . act l• s �.+- 1 Ignorn y;.jees eel se agree not to Intervene or said attorneys agreeto ndem-
- seek to intervene in any pian- nrfy and hate harmess the
un endo appoint now a the City d Fayettevtie v. CM from any ninon seeking
additional attorneys lees other
than as emulated and agreed
herein
4 2 This stipulation of Settle-
ment shall be governed by and
interpreted in accordance with
the taws ol he State d Adan•
County.. the C,: The __
Barnhart if ^ e - - Special Master Judge Richard Menz el al., Washington Clean
Arkaneesi, df F,4�i, rM�or ey other person mots- ty Circuit Court Case hip 95-
Arkansas; a�, '-afly'agreed upon by the Plaintiff 973 and/or Boatmen's Ttust
Arkanaaa; NOMweat AAm�yy sass to serve as special Company ol Arkansas v a o1
Resource Raceway AtModly; t*tdtielo supervise. as ap- FayeaeNne, et al., U.S Obeid
Union National Bank of Jttle rived by the Court the me9i- Court. Western Distrlet of
Rock. Arkanea; and Financial od and prgadure d the rahand Arkansas, Case No. 954214
Guaranty Insurance Canpmy ream; nor to intervene a seek ((4Q in -
(Incinerator Btinuton), We- e. 'The experset of ddminis- tervene, In any anon Which
musty anted u • dens -in tering the refund including the may further exist regercli :•he
tion, was remanded Jdrle S. special master shall be borne subject matter ol such lai*iits
1995. by the Supreme Court of by Me City and further agrees not to mi -
Arkansas to the Chantry 22 AttoneyK Fees of Plante trate or bring any action re -
Court reversing the Chancery ropers garding the sublect male at
Courts Fkal Cider Muer 2o, a Atameys for the Plant such lawsuits. ..
1994. Thereafter. tis gall receive for an award of 2.8 Musal CoopaefMn
Case Represer89tvs =deer attorneys' lees and coats for a. Plaintiff, Plaint/Ns Conn)
;.ptomeys have a i**d Mike YapreaeMing the Class an and the City mutually aoffe W
gement SI
greeme 9 i''
of Fayettevtp end inair
ey subject to Coveys Apr, rCourt on the 1e[ day el
December, 1995, pmt
approved the BeftlddMnt
�Aggrreement approved Otis 9o-
' yrs. . - .. tate
nier the
— a rearing for Teal
settlement for
)995. at 9:00 a.m.
'Sery Courtroom Bent%
Caateise in BMian..
Arkansas. Your dates MD
'rte affected by to Settlement
▪ RMS OF SETI1EMENT
Whereas. the Plaintiff las
hereinafter defined) and the
City at Fayetteville have
agreed to atileaseWf apd
compromise Iherr several
icons and disputes on the
terms and cendadne sane%
ti eta.
IN, theatre a a Mrebinn,a4
Suastlt DemRgAleadae ten
a•eriptt fiat d the Bao- cooperate and do as nee
sallktlon rakes. In reasonable to assist S City it
said attorneys shag m- their mutual god of the pursuit
she at interest on the Megaly d all dans currently in exist.
exacted sanita'ion •area once or which may be setiaed
mired MIS said moria were by the City to seek recovery
retained by the CM um to and against other parties or darn-
Ipebang to date of court ap-
proval*thrs agreement or
ether date mutually agreed to
tilts
Med lands paid
ilitlatnerat Fund of City
Ilia Mg* exacted sanga-
ton hetes whin remain atter
reasonable effort approved by
la carat have bean made to
rebind such mama to the rate-
payers shall be paid Into the
general fund o1 the City and
maybe used by the City m any
manner as Its Council may ap-
pWeve ming but nol tImtted
to. tiny payments made by to
City pursuant to the BIip41WIoa
at outer of this Court
24 Payrnae of Coss and Ex-
penses of Claes Represents-
Recognizing
eprnens-
Rice time
the demands
atppaartn the ihra Rid schedule ol
KaBertne Barnhart
as as class
As used herein the tailoring representative and others who
terms nail have Me Wowing have wired n tit capacity as
meaningssxmem Ihemont delis representative during tae
othimelas•Cs
�+ protracted MO% Mom rep -
1 edaa1rs11 naan agar m entWv% shall waive the
peyere andlrellagestair mien of 111.000 00 per day to
Katharine ap-'--' is• InleNnyblred cast appenate
Thad to raptnfl. s clan In ant deposition eppeeranoe es
tion representative pmwant *0 payment for tea mats sndex-
-Ris 23 dee &R.C.P. tender erns. Such amount shall be
of his court. le. the k7i yens hankie etornets ryes
end eantagen r4tepMye a .
ant City of repeat Artiaw- 2.&- 3IMUlli ad and Agreed
12 12 'Qty d Fgwaevier (hers- a The Plaintiff and the Qty an -
mew rescued to as ire 'aryl puna and agree That
Mal mean this atf he FRO 114,Oet,2ee.Te was agitated
jYta as munkmal cosposetkon Mtn Ratepgfem as illegally
eider the laws d the mated endtetke rata mai-
ages reading nth* City as it
result of the failed Mcmaretor Your dg<tto
project andior the Issuance df M• than merobilaou may
bads by he Northwest Adan- IrdWkereentibe
nes Resource Recovery Ad- frig siRteme Your
thorny (Safes 1985L p4s be sled with the
2.9 Supreme Court of Atkin Chantilly Clerk's Office.
Sal Opinion. Washington county Court -
The opinion of the Supreme hose, 280 Nath Collage. Su -
Court of Arkansas styled Ban► is Par Feyatw7le, Arkansas
Nut v City d Fayetteville, et al„ MTb1'et Of before 4.30 pm
No 94-969 delivered June 2t al Oi*6ttier 26. 1995. with e
1985, is incorporated beren by copy Served upon he lolowing
reference Notwithstanding.- Masse.
anything contained In this E Keri Hirsh. PA, 107 West
etmuabon or settlement Dale -i d1 m, Sprintdale.
811 end her renal tltl
attorneys renal TIMM
right to enforce the Suave*fttetettell Date Evans. 38 East
Corn Coopnpr by =tame art CM61114 Fayetteville, Arkansas
any other appropriate prim • mon
endings m his Court or 01 • Jerry Rose. Fayetteville City
Supreme Court of Arkansas. Attorney. 113 West Maunkm
3. Procedures and Conditions Street Room 902. FrwirlMe
to effect stipulation of settle- Arkansas 72702.
rent t you fee an t$rervarsoe You
3.1 The plaintiff, Plaintiffs may testify. make your Ergo -
Counsel end the City MP ioiney ments or objections at the
repast that to Own Dire the heating to held on December
following actions and cadet the 25.. 1994 at 400 ern in the
fovieg vans Benton County Courthouse.
a. Conduct a hearing on De- Chancery Courtroom Division
amber 1. 1995, beginning at One. BarnanvSe. Arkansas n
1:00 p.m lox he purposes at yon do not Menem you may
Preliminary Approval of Mas net deed ii?teTard d par
Stipulation of SeRenant end any evideas w December
n. Appointment of a 'pedal 28, 1986,is m
master with initm
Car
to *milder F JI d -
presentae Catproponl lWhent. You, i Mass Men-
ta the method and procedure ber. will be houmytby he
of the refund process. Coleys dialdnifefOdRt
i. Apprweg a Notion of Stu- You se a member d Chilec
Won of Settlement and Har- are represented by attorney -
Mg at-aw E ,jl, 107
$Wing
and
4 3 This
emt co
pea
erbentaintire
City end
d Sens-
e whole
Pkin-
rd the
earlier
agreements, ant M relent
any party The partes hereto
stale and acknowledge that
here ural given or relied
On any representations.
anentes, Or promses What
rte not set arm herein.
4.4 The Stpuato n of Beta -
Mira tidy be modeled but such
kiedittation mud Cs in willing
'end approJed ey the parties
herein or may be modified by
Copal n. •
•
arq to N. Find that rota by 1 Wea Ems►
Pact ,ar• S}IS wit d# thin ant best dal
or Mine tmMdse, iy.
of"- and tel Meer
OM -
•1 ,•A'I RLI'
S , •.3*-
•_ft.xvi-t...r.ft'eri'
.b�enria�e ee
aka
skid
Pent 260 Cornets, Suite 302.
Fayetteville, Areansas 72701
Dated IM 1 day of December,
1995
Washington County Chancery
Court
By The Honorable OI•ve•
Adams. On Special Assign.
Certificate of Service
I. Jerry E Rose. hereby artily
Mat on the 1 n day of Decem-
ber. 1995, I have used to be
placed m the above L.S Man.
postage prepaid a true and
correct cony of the above and
foregoing lo'
Tae Honorable Oliver Adams.
Benton County Chancery
Court, 102 N E A Street Ben-
tonville AR 72764
Jnr Rose 11 . Rose & Var-
Wnke PO Box 1504. Fayet-
teville. AR 72702
Robert M Baron. Cravath
Swaine & Moore, Worldwide
Placa, 825 Eighth Avenue.
New York Nv 10019
George E. Butler, Jr.. 207 West
Center Fayetenlie. AR 72731
Marshall Data Evans: Pearson,
Evans & Chadwick. 36 East
Center. Fayetteville AR 727C'
Larry W Burks. Friday, El-
dredge & Clark, 400 West
Capel. Suite 2000. Jttle Rock.
AR 72201-3493
Jerome v. Paddock. Jr 321
West Center, Fayetteville. AP
72701
George K Cracralt 13314
Pompano. Little Rock. AP
72211
Jecy E Rase
December 8.13.1995
est
monies warereWna by he
Cay up to and n4ldig woo• 1995. rv�liip7-. 10
aevm+� �4
ng ,Ftdt an�plife Dla
coins of�Ciaae Claims
thtin
r
ard the Mwterg News
v. Sri the date of DemmtiS
9? , as .std a W
di Oa
.o1
hal 01
etaWashitgion
*tali e
2a 1885. -at
Banton County
