Document wDvr1E18Kz3DN85jM92ebxLO4

FILE N A M E: Contract U nit W orkers Com p Claims (W CC) DATE: 1966 DOC#: WCC050 D O C U M EN T DESCRIPTION: W orkers Com p File - Clark, Dean File Name Contract Unit Claim File: D ean C lark Feb. 15/66: A m ended M a r.2 2 /6 6 Scanned ? yes Source JMA: NS-JM Start Year 1966 Stop Year 1966 Contents claim Notes WORKERS' COMPENSATION APPEALS BOARD - CALIFORNIA (INDUSTRIAL ACCIDENT COMMISSION, prior to 1566) APPLICANT DEAN CLARK (deceased)_________________ _ CASE # LA 29204 3 Asbestos W o r k e r ______________ DATE CLAIM FILED February 15, 1966 - Refiled March 22, 1966_________ INJURV ALLEGED Lung injury/Due to inhalation of asbestos & other --fore rgvr-substances----------------------------------------- -- .......- ALLEGED DATE OF INJURY 1940-1966 EMPLOYER/INSURER Baldwin Ehret-Hill, et.al._______________ 53 employers/carriers including J-M Sales No apparent Canadian carrier ___________________ _ OTHER NOTES ______ After Compromise & Release with majority of defendants ______ Applicant proceeded to trial against MetalClad/ABTNA ______ and Mundet Cork/AETNA.______________________________ ______ Undisputed injury.___________________________________ Petitions for Reconsideration (statute of limitations) on botft sides. DATE OF RESOLUTION May 20, 1969 March 23, 1971 RESOLUTION Compromise & Release Findings & Award - Opinion DOCUMENTS COPIED $5, 410.50 Settlement After Reconsideration $7,5o0 Award + costs D Med. Rpt by Field'to Applicant's attorney citing asbestosis literature # OF PAGE 2 2) Compromise s. Release with all but 4 D e f e n d a n t s 6 3) Findings & Award/Opinion After Reconsideration 4 S~f i CLAIMANT Pfcan C l a r k ___________________ California Workers' Compensation Appeals Board CARRIERS INVOLVED: oThe AETNA Casualty & Surety Co. oAmerican Automobile Ins. Co. oAmerican Employers Ins. Co. American Motorists Ins. Co. Argonaut Ins. Co. Associated Indemnity Corp. California Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. Casualty Ins. Co. of California oEmployers Liability Assurance Corp.Ltd. oEmployers Mutual Liability Ins. Co. of Wisconsin oFidelity & Casualty Co. of New York Fireman's Fund Ins. Co. oGeneral Accident, Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. oGuarantee Insurance Co. oGreat American Ins. Co. Hardware Mutual Casualty Co. (Sentry Industrial Indemnity Co. Industrial Indemnity Exchange Insurance Co. of North America Ins. Co.) Liberty Mutual Ins. Co. oLumbermanJs Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. oMission Insurance Co. oNational Automobile & Casualty Ins. Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd. Pacific Employers Ins. Co. oPacific Indemnity Co. Reliance Ins. Co. (Standard Accident Ins. Co.) oRoyal Indemnity oSecurity Ins. Co. of Hartford (U.S. Casualty Ins. Co.) State Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins. Co. oThe United Pacific Ins. Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins. Co. oZurich Ins. Co. o _______________________________________________________________ o ____________________________________ o ______________________________________________________________________ o ______________________________________________________________________ o 5/81 1 WORKERS' COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 DEAN CIASE, (DECEASED) 4 MAURINE CLASE C ase N o . 6S LA- 292-043 ' 5 Applicant 6 vs. 7 MUNDET CORPORATION, OWENS CORNING STBERGLAS CORPORATION, 8 METAL CLAD INSUELAIION COMPANY, THE AETNA CASUALTY AND SURETY 9 COMPANY _. , Defendant 10 CERTIFICATION 11 I hereby certify that the attached documents are true 12 and correct copies of the original documents filed in the records * 13 of this office in the sbove-entitled matter. 14 ATTEST my hand and the Seal of the Workers' Compensation 15 Appeals Board of the State of California. 16 17 18 19 20 21 22 23 24 Dated at San Francisco, 25 California, this ^ day 26 of March, 1981 27 0 * A *T M C N T OR 1MOUVTWAL OSLATtOM * OIVISIOM O F INDUSV01AL AOC4DCKT* V (! ' t, ( JOHN B. F/ELD. M.D., Ph.O. DIPLO M ATS AMCPI&AM D O M 'D O P IW T M M M MCDlCtM C ROX BAN M ED IC AL B U ILD IN G A 6 S N O R TH QQXBURY ORIVE BEVERLY H ILLS . C ALIFO R N IA "j-. Steven Foseman 1621 Test kinth St. Los Angelos, Calif. T0015 Lear 'ir. F.oseran: CRcarvisw 6*0633 .ar.u-.-jr:' F.e: Sean Clark, deceased ^ js s g s l"c7 AM. FEB i 1967 121314(5(6' A I have had.the opno: tur.ity to study end review the records anc autopsy reports on the above. In addition I have requested end received a pork record on iir. Clark Ir. 'rief, this record documents the fact that for many years hr. Clark worked in an atmosphere '.'here he was ex-nosed to asbestos, under conditions -.'here the asbestos dust was ccr.tinually in the air, on his outer parcents and sl:in and entering the orifices. After a -mlmgrc illness Mr. Clark passec away on March 1, lc66 .\t '-hich tins a detailed autmsy revealed a -rcr.cho~er.ic carcinoma vith numerous metastases as well as emphysema and fi'rosis of the lungs. In addition the fi'rosis v:as associated rith the presence of asbestos todies. Ttscussir-.- I have undertsten the opportunity to investigate and evaluate soae of the extensive and greying literature en the subject of asbestos and cancer and as -any outstanding authorities have stated, see in this situation an analogy to the exposure of the radius -etch dial rorkers and other industrial carcinogens. The supportive literature is graving rapidly .and the evidence is almost over-whelming in favor of this association. I can quote a fer cf the many pertinent references. leny and Adler in Socrrset, K. . , the site of an as'estos plant, have accumulated 27 proven cases of osbestosis_and lung carcinoma (personal ccnunicsticn). In "Thoracic Diseases" by E. H. ^-utin and F.ubin, T.F. Saunders, Fr.ila., ISC2, p. 62 "Exposure to asbestos Is k.uovn to carry increased hasards fer the development of lung cancer." On p. 703-710 "lung cancer has been found as a frequent complication of acbestosis in as high as 20? of the cases" and as compared to sxmosure to silicosis rhere only i.32?) of the workers have ieer. found to have lung cancer. K. Doll: "`Mortal ity Eroa Lung Cancer in Asbestos Workers", frit. 2. Indust. Ted., 12, 31', 1955, reported that 15 out of 105 asbestos workers died vith lung cancer and I.?,.A. Tere'-ether in the Proceedings of the 1hird International Conference of Experts on Pneumoconiosis, Sydney, Australia, 1950, reported 31 of 160 deaths in asbestos -erkers to be due to lung cancer. In J.R. Fagnail's "Carcinoma of the Lung", Livingstone, Ltd., Edinburgh, 195S, p. 50, "It is evident therefore that lung cancer is a specific incus-rial hazard cf asbestos workers" and in the two volume "Chest Diseases" by Perry and Sir Thonac K. feilors, Futterrorths, London, 1963, Vol. 1, r,. 517, it is pointed out that in Germany carcinoma of the lung ir, asbestos workers is no-, recognized as an industrial disease. Ferhaps one of the most authoritative- sources of reference now available is in the Annals of the Dev: lork Academy of Sciences, 1065, Vo." . 132, 1-766, which is a Conference Cn'T-he Fiological Effects of As'estos Enc. --hich devotes the section from p. 507 to 635 on the relationship '-etvvtn as'eato? and canter. In brief, in an article by ruchanan, p. 517, it is pointed ^-vt that there is in Euglunc a high and increasing .relation of lung cancer in asl ectofc vorkurs loth male and ferrule and "The conclusion V ( C ( 'ft .n - 2- January 30, 197 of a study is that even vhen viewed against the steadily rising incidence of lung cancer in the population as whole, there seems little cult that there is a soecial (or pleura). Similar reports fron other parts of the world are given including that of Eresden asuesto3 workers, p. 573, and other areas. Finally; the TTorking Group on Asbestos and Cancer plotting a protocol for further study, p. 710, states "there is evidence of association between exposure to asbestos anc malignant neo plasia." "The types of tumors which have been shown to be associated with exposure to asbestos dust are: 1. Carcinosa of the lung; 2. Diffuse mesothelioma of the pleura and peritoneum." Another outsrancing world authority on occupational cancers, T.C. Hueper, who has objectively detailed such of the relevant information in a new monograph "Occupational and Environmental Cancers of the Respiratory System", Springer-Verlag, Kew Ycr'-, 1966, p. 17, concludes that "Although cancer of the lung does not seen to be the most frequent fatal complication of asbestosis, it is evidently sufficient frequent for elevating the lung cancer rate as a group and there is a serious sequela cf exposure to asbestos." In a discussion of the clinopathologic .relations Hueper indicates that it is char-.ctertistic that .the lung cancer has associated fibrosis and the presence of asbestos bodies. In all of these items there is a distinct correlation in the autopsy findings or. Mr. Clark. Thus, it is my considered professional belief that the long and continued exposure to asbestos by Mr. Clark ras a direct and probable cause of his development of cancer of the lung which brought about his demise. Trusting that this report is of assistance to you, Very truly yours CTFisa r enc. Johns. Field, .D., Ph.D 1 HERLIHY, HERLIHY, JONES & NELSON Attorneys at Law 2 727 West Seventh Street Los Angeles, California 90017 3 Telephone No. 627-4911 4 Attorneys for Defendants 5 e 7 8 WORKMEN'S COMPENSATION APPEALS BOARD 9 STATE OF CALIFORNIA 10 11 MAURINE CLARK, WIDOW, DEAN CLARK, DECEASED, 12 Applicant 13 vs. 14 BALDWIN EHRET-HILL, INC. 18 a corporation, et al ) CASE NO. 66 LA 292 043 ) ) COMPROMISE AND RELEASE AGREEMENT ) SOCIAL SECURITY NO. 327-07-9443 16 Defendants ________________________________ ) 17 18 The parties hereto, for the purpose of Compromise only, 19 agree as follows; 20 1. That the applicant Maurine Clark claims that Dean 21 Clark while employed at various places in the State of California, 22 as an asbestos worker, during the period beginning in the year 1940 23 and ending on March 4, 1966, sustained injury arising out of and in 24 the course of such employment, resulting in the death of the said 25 Dean Clark on or about March 4, 1966, as the result of the claimed 26 injury. 27 At various times during the period aforesaid the said 28 deceased employee was employed by the following named employers, 29 parties to this Agreement, were at said times insured as to S Workman's Compensation Liability in the State of California by the 31 hereinafter named Insurance Carriers; 32 Isotherm Company, Insured by Hardware Mutual Casualty Co. ( 1 W. A. Bechtel Co., Insured by Industrial Indemnity 2 Exchange; 3 Plant Asbestos Co., Insured by Industrial Indemnity Co.; 4 Baldwin Ehret-Hill,Inc., a corporation, and Kitzman 5 Plumbing & Heating Co., Insured by Insurance Company of North 6 America; 7 J. T. Thorpe, Inc., Thorpe Insulation Co., Marine Engi 8 neering & Supply Co., Insured by Pacific Employers Insurance Co.; 9 Stearns & Rogers Corp., Insured by Reliance Insurance Co. ; 10 Johns Manville Sales Corp., Armstrong Cork Co., Armstrong 11 Contracting Co., Insured by The Travelers Insurance Co.; 12 Fibreboard Paper Products Corp., Plant Rubber & Asbestos 13 Works both Permissibly Self-Insured; 14 Thorpe Insulation Co., Los Angeles Cork Co., Technical 15 Service Co., Insured by Fireman's Fund Insurance Co.; 16 Coast Insulation Products Co., Insured by Argonaut 17 Insurance C o.; 18 Los Angeles Cork Co., Insured by Zurich Insurance Co.; 19 Accurate Insulation Co., Insured by Casualty Insurance 20 Company of California; 21 J. T. Thorpe, Inc., Insured by American Motorists 22 Insurance Co.; 23 Accurate Insulation Co., Western Asbestos Co., R. T. 24 Dinwiddie, Inc., Insured by State Compensation Insurance Fund; 25 Unafrax Construction Co., Industrial Service & Engi 26 neering Co. of California, United Cork Companies Corp., Insured by 27 Liberty Mutual Insurance Co.; 28 2. The actual weekly wages of the employee at the time 29 of the claimed injury were maximum. 30 3 . That no payments of compensation to the applicant were 31 made during his lifetime on account of the claimed injury. 32 4. The applicant Maurine Clark being of adult age, states - 2- 1 and warrants that she was the lawful wife of the deceased employee 2 and was the sole and only dependent of said deceased employee and 3 was wholly dependent upon him at the time of the deceased employee' 4 injury. 5 5. The parties hereby agree to settle any and all claims 6 of said dependent, both as a dependent and an heir-at-law of the 7 said deceased employee on account of the claimed injury and the 8 death of said employee at a payment of the sum of'$5,410.50, payablt 9 in one lump sum to applicant, less attorney's fees, less valid liens 10 of record, if any. Less $200.00 to Dr. John Field, less $80.47 to Steven Roseman for Costs. 11 That said payment shall be made by the above-named 12 carriers as follows: 13 14 Hardware Mutual Casualty Co. 15 Industrial Indemnity Exchange $ 235.00 '333.00 16 Industrial Indemnity Company 414.00 17 Insurance Company of North America 180.00 18 Pacific Employers Insurance Co. 846.00 19 Reliance Insurance Co. 20 The Travelers Insurance Co. 67.50 621.00 21 Fibreboard Corp. and Plant Rubber Asbestos Works 180.00 22 Fireman's Fund Insurance Co. 1,035.00 23 Argonaut Insurance Co. 65.00 24 Zurich Insurance Co. 90.00 25 Casualty Insurance Company of California 39.00 26 American Motorists Insurance Co. 450.00 27 State Compensation Insurance Fund 585.00 28 Liberty Mutual Insurance Co. 29 270.00 $5,410.50 30 Farties hereby agree that all medical, hospital and burial 31 expenses required by reason of the alleged injury and the death of 32 the employee shall be paid by the applicant herein. 3 c (. 1 7. The name and address of applicant's attorney is: 1543 7. Olympic Boulevard 2 Steven Roseman,/I6ZZ/Wi^f/Nihfh/fii0f, Los Angeles, 3 California, who requests a fee of $ 7q o .oq > having received nothi: 4 by way of fee previously. 5 8. REASON FOR COMPROMISE: e That a bona fide dispute exists by and between the partie: 7 hereto as to all of the facts except as to admission of certain 8 employment, earnings, and the coverages herein alleged. That all oi 9 the parties hereto have attempted to evaluate the applicant's claim 10 and believe that the consideration to be paid hereunder is fair and 11 adequate as to those parties who have joined in this Agreement. 12 That the said defendants wish to buy their peace. 13 9. It is further agreed that the Release and Compromise 14 herein shall cover and include all employers of the deceased em 15 ployee whether named herein or not during such periods as said em 16 ployers were insured against Workman's Compensation Liabilities by 17 the Insurance Carriers named herein as parties hereto. 18 10. For the purpose of determining the lien claim filed 19 herein for the unemployment compensation disability benefits or un 20 employment compensation benefits and extended duration benefits whic 21 have been paid under or pursuant to the California Unemployment 22 Insurance Code, the parties propose the following division of the sui 23 agreed upon for settlement and release of this case: 24 $__________ for temporary disability covering the period 25 ______________________________ to 26 $__________ for accrued medical expense paid or incurred by the 27 employee. 28 $ for future medical care. 29 $__________ for permanent disability. 30 11. Upon approval of this Compromise Agreement by the 31 Workmen's Compensation Appeals Board or a Referee, and payment in 32 accordance with the provisions hereof, said employee releases and -h - t I' 1 :orever discharges said employed and insurance carries from all 2 :laims and causes of action, whether now known or ascertained, or 3 rhich may hereafter arise or develop as a result of said injury, 4 .ncluding any and all liability of said employers and said insurance 5 larrieS and each of them to the dependents, heirs, executors, e representatives, administrators or assigns of said employee. 7 1 2 . In further consideration of the payment in accordance 8 lerewith, applicant agrees that this release will apply to all un--> 9 tnown and unanticipated injuries and damages resulting from such 10 accident, casualty, event, and/or employment, as well as all those 11 now disclosed, and all rights under section 1542 of the Civil Code 12 o f California are hereby expressly waived. 13 Section 1542 of the Civil Code of California reads 14 as follows: 15 "A general release does not extend to claims which the 16 creditor does not know or suspect to exist in his favor at 17 the time of executing the release, which if known by him 18 must have materially affected his settlement with the IS debtor 20 13. In further consideration of the payment of the afore 21 said sum, applicant agrees that this release extends to and covers SS the executors, administrators, heirs, representatives, successors, 22 assigns, officers, directors, agents,' servants, and employees of the 24 defendants, and each of them, and the physicians, surgeons, and Si nurses of the defendants, and each of them, whether acting individual Z i or on behalf of them or either of them. Si WITNESS the signature hereof this_. l__ day o~^P/P'~, Si 1969 at Los Angeles, California. M P- Z! .urine Clark - Applicant --------Steven Roseraan-Attorney ror Applicant 5 c c By: / t x / s 1; By: ' , r s - HARDWARE MUTUAL CASUALTY CO. *INDUSTRIAL'INDEMNITY COMPANY a corporation -, a corporation B v r - ^ v X . - y / s> m Tv. i IWDOSTRTAL' m W T T ^T k^H A tteE RELIANCE INSURANCE CO. a corporation a corporation : T H ' TRAVELERS INSURANCE CO. a corporation < ?/ / / A / By: ///s? s -:/ / !'/. ///> // a FlR^MA^TS FUiro7INSdSNE CO. " a corporation ^ BvtPvJW^ Y /Xtx^u--- a 1 .. ,FIBRBOARD' fiORP./& 1 >l ANT RUBBER ~ "ASBESTOS WORKS, PERMISSIBLY SELF- INSURED By: I'M-'*" -ARGONAUT INSURANCE CO. ! By : C.~- fc'Cv-- -- _ ZURICH INSURANCE Co. a corporation By ~Y/ ts SffifiidiM'fflfiSsisir INSURANCE CO., ju-oor^orat-ieiCv j 3? COMPENSATION a corporation INSURANCE FUND By : f x / \ A ../'xlygs* 1 l ib e r t y 'mutual I nsurance Co . a corporation ,-.INSURANCE COMPANY OF NORTH AMERICA a corporation Byr;: ' h e r l i w .r e k l : ,, .,,, 'T^o Ne s ^. bl rssir / PACIFIC EMPLOYERS INSURANC 3. a corporation By : v a- HERLIHY, HERLIHY,JONES & FI STATE OF CALIFORNIA ,,3 ss. COUNTY'. O E - < ~ C /. / ^ O n this-^<^- day of - ' - k . O . 1969 before me the undersigned a Notary Public in and for the said County and State, residing therein, duly commission and sworn, personally appeared MAURINE CLARK known to me to be the person whose name is subscribe to the within Instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate 6 i ( c !' V70RKMEN'S COMPENSATION APPEALS BOARD STATE OF CALIFORNIA DEAN CLARK, Deceased, By )' MAURINE CLARK, his Widow, Applicant, j ) vs. ;! ;'MUNDET CORPORATION; OWENS CORNING FIBEEGLAS CORPORATION; METAL CLAD INSULATION COMPANY; THE AETNA CASUALTY AND SURETY COMPANY; 1 Defendants. CASE NO. 66 LA 292-043 OPINION AND DECISION AFTER RECONSIDERATION On October 14, 1971, this Board issued its Opinion and Order Admitting Documentary Evidence and Notice of Intention to Submit. Bj -that document this Board noticed its intention to resolve this con- ! ' ::troversy by the issuance of an award based upon the calculations "Contained in the Memorandum of V. M. Latino of the Permanent Disabili Rating Bureau which was received in evidence with the Board's Order of October 14, 1971. No objections or other requests have been made ,within the period of time allowed, therefor by this Board's said Notice of Intention of October 14, 1971. Accordingly, for the reasons stated in the Opinion portion of our said Order of October H 1971, the Board for its Decision After Reconsideration orders, finds and awards as follows: ORDER IT IS HEREBY ORDERED that, as and for this Board's Decision After Reconsideration, the Findings and Award filed herein on March 23, 19'? be and they are hereby amended to read as follows: FINDINGS OF FACT l. Dean Clark, born December 2, 1907, while employed as an asbestos worker at various places within the state of California yf ( ( 'I for the period commencing 1940 to March 4, 1966 sustained injury ir. the nature of an occupational disease affecting his lungs arising 0 .1out of and in the course of his said employment with various employ which injury resulted in his death on March 4, 1966. 3 2. Said employee left surviving him and wholly dependent upon : !him his wife, Maurine Clark, applicant herein. i 3- During said period from 1940 to March 4, 1966, said employ 3 was employed by, among others, Mundet Corporation, Owens Corning 9 Fiberglas Corporation and Metal Clad Insulation Company who were at i- the time of such employment insured for workmen's compensation lia- 1 . bility by defendant The Aetna Casualty and Surety company. l l ' 4. Applicant, pursuant to the provisions of Labor Code Section 13 5500.5 has elected to proceed against the employers named in Finding 14 No. 3 and against the insurance carrier found to have insured said 13 .employers for workmen's compensation liability. r ii j; 5- Applicant on or about May 20, 19^9 entered into a Coopromis and Release with defendant insurance carriers Hardware Mutual Casual !! 13 Company, Industrial indemnity Exchange, Industrial Indemnity Company lv Insurance Company of North America, Pacific Employers Insurance Comp: S 2`.` Reliance Insurance Company, The Travelers Insurance Company, Fibrebof Si Corporation and Plant Rubber Asbestos Works, Fireman's Fund Insurance Company, Argonaut Insurance Company, Zurich Insurance Company, Casual Insurance Company of California, American Motorists Insurance Company State Compensation Insurance Fund and Liberty Mutual Insurance compar. ^ and, said Compromise and Release agreement was filed herein on July 1 1969 and was approved by this Board on August 27, 19&96. The insurance carriers listed in Finding No. 5 above,who V entered said Compromise and Release agreement, covered workmen's com pensation liability for various employers listed in said agreement, which employers employed the employee herein during the period of the 31 occupational disease as specified above. PM -2- ( / 1 7* Said defendant, The Aetna Casualty and Surety Company, is entitled to credit against compensation awarded herein to the exter. that the periods of employment covered by said Compromise and Relea agreement contributed to the employee's injury herein and to his .death' resulting therefrom. j 8. The periods of employment covered by said Compromise and Release agreement have contributed to said employee's injury and fii. s death resulting therefrom to the extent of 31.02 percent, s 9. Burial expenses were incurred by applicant in excess of the :c sum of $600.00. 11 10. Decedent self-procured medical treatment for this injury 12 'without notice of need to defendants herein. 13 11. Applicant reasonably, actually and necessarily incurred 'expense for report and appearance of John B. Field, M.D. in the sum 1 ? `of $500.00. " 12. This cause of action is not barred b y the Statute of Limita tions. 13. The reasonable value of the services of applicant's attome; is $1 ,000.00 AWARD AWARD IS MADE in favor of Maurine Clarfc against The Aetna Casua and Surety Company, a corporation, as follows: (a) Death benefits in the sum of 68.98 percent of $17,500.00 a $1 2 ,071.50, payable forthwith, less the sum of $1 ,000.00 payable to applicant's attorney, Steven Roseman, as attorney's fee herein. (b) Reimbursement of burial expenses in the sum of $600.00 (c) Reimbursement of medical-legal costs in the sum of $500.00 payable to Dr. John B. Field. -3 PM (d) Interest as provided by law from March 23, 1971WORKMEN'S COMPENSATION APPEALS BOARD .1 CONCUR. , //r-y y-" 1 CONCURRING, BUT NOT SIGNING I ya nr w. BRADLEY..:__________ liDATED AND PILED IN SAN FRANCISCO, CALIFORNIA NOV 15 1871 SERVED BY MAIL ON SAID DATE TO ALL PARTIES LISTED iSSMB;OFFTClM ADDRESS RECORD. 12 14 1? PM