Document mBRaJQRzkq7orvZ05dxGvRb3d

FILE NAME Cape Asbestos CAPE DATE 1978 May 24 DOC CAPE173 DOCUMENT DESCRIPTION Telex to Cape Industries London RE conditions set by judge in Tyler litigation Legal - Tibbs Case Exhibit 71 oN ELCTRONIALY MAY 24 1978 FILED - TELEX TO CAPE INDUSTRIES LIMITED LONDON 2023 TELEX NO 24811 Oct 18 ATTN A. J. PENNA 12:30 12:30 YOUR TELEX MAY 24 1978 RECEIVED TODAY DURING MY ABSENCE PM - IN DAVENPORT IOWA ON A PROTRACTED TRIAL IT WAS READ TO ME RICHLAND BY TELEPHONE AND IN RESI ONSE PLEASE BE ADVISED THAT THE TYLER LITIGATION THAT WAS SET LED COVERED ONLY THE 459 PLAINTIFFS WHO - COM ON HAD MADE CLAIM AND WERE ACTUALLY PARTIES IN THE LITIGATION AT THE TIME OF THE SETTLEMENT ON SEPTEMBER 22 1977. JUDGE STEIGER ALSO MADE A CONDITION OF THE SETTLEMENT THAT NO OTHER PERSONS PLEAS WOULD BE ALLOWED TO INTERVENE AS PLAINTIFFS AFTER THAT DATE AND - ALL PLAINTIFF ATTORNEYS OF RECORD ALSO COMMITTED NOT TO PARTICIPATE 203CP41759 IN LITIGATION ON BEHALF OF ANY OTHER PERSONS FORMERLY EMPLOYED AT THE TYLER PLANT SUBJECT TO ANDREWS CONFIRMATION WE AGREE BEST INTERESTS OF CAPE COMPANIES OTHER THAN NAAC IS TO MAKE NO 203CP401759 RESPONSE TO THIS NEW LITIGATION IF SUMMONS SERVED ON NAAC IT SHOULD BE DIRECTED PROMPTLY TO THE BROKER TO REFER TO THE APPROPRIATE INSURER AND WE WILL TAKE MEASURES TO SO INSTRUCT ALL NAAC PERSONNEL IF ANY FURTHER INFORMATION REQUIRED PLEASE ADVISE I CAN ALWAYS BE REACHED BY MY OFFICE AND CAN CALL YOU WITHIN SEVERAL HOURS AFTER RECEIVING SUCH ADVICES BEST REGARDS S. A. MILWID CAPE000566 CAPE000566