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This page provides the answers to class members' most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Claim Form and Notice of Class Action Settlement.

Why has this notice been issued?
What is this lawsuit about?
What is a Class Action?
Why is this lawsuit a class action?
Has the Court decided who is right?
What does the settlement provide?
How do I know if I am a part of this lawsuit?
What should I do?
Do I have a lawyer in this case?
How will the lawyers be paid?
When and where did the Court decide to approve the Settlement?
Did I have to come to the trial?
When will valid claims be paid?
How do I get more information?

Top Q: Why has this notice been issued?
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A:

The Court ordered this notice because you have the right to know about a proposed settlement of a class action lawsuit, and about your options. The Court has granted final approval to the settlement, and the Claims Administrator appointed by the Court will make the payments that the settlement allows. The notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the United States District Court for the District of North Dakota. The case is known as Mehl v. Canadian Pacific Railway, Limited, Case No. A4-02-009.

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Top Q: What is this lawsuit about?
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A:

A Canadian Pacific train derailed on January 18, 2002. The crash caused a massive cloud of anhydrous ammonia to blanket the town of Minot, North Dakota, and its residents.

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Top Q: What is a Class Action?
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A:

In a class action lawsuit, one or more people or entities like you, called Class Representatives sue on behalf of people who have similar claims. All of these people together are a "Class" or "Class Members." One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

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Top Q: Why is this lawsuit a class action?
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A:

The Court has decided that this lawsuit is a class action and may go ahead to trial as a class action, because it meets the requirements of Rule 23 of the Federal Rules of Civil Procedure, which govern class actions in federal courts.

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Top Q: Has the Court decided who is right?
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A:

No. The Court dismissed this case in March 2006, finding that people injured by a railroad’s negligence could not seek a legal remedy. Plaintiff’s appealed that decision of the United States Court of Appeals for the Eighth Circuit. While on appeal, the parties agreed to this settlement.

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Top Q: What does the settlement provide?
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A:

Class members who submit a valid claim will receive a pro rata share of the $7,054,000 settlement fund, after payment of legal fees and costs, including the cost of notifying you of the Settlement and administration of the Settlement, and payment of class representative awards. Class Counsel estimates that the total possible number of Class Members eligible to receive a payment is 10,000. Each approved claim is subject to a maximum of $4,000.

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Top Q: How do I know if I am a part of this lawsuit?
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A:

Class Membership is not complicated. To see if you are a member, ask yourself the following series of questions:

Question
Yes No
Were you in or around Minot, North Dakota on January 18, 2002?
Continue.
You are not a Class member.
Were you exposed to the ammonia cloud?
Continue.
You are not a Class member.
Did the ammonia cloud affect you? (i.e., personal injuries, property damage, reduction in property value, and economic or non-economic damages).
Continue.
You are not a Class member.
Did you sign a release?
Continue.
You are a Class member.
If you did sign a release, did you sign it before February 18, 2002?
You are a Class member and are eligible for additional payment because you signed your release within the statutory "cooling off period."
You are a Class member but will receive no payment because you released your claim after the statutory "cooling off period."
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Top Q: What should I do?
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A:

We can not advise you what to do. Having said that, you have five options: submit a claim, exclude yourself, object to the settlement, go to a hearing, or do nothing.

First, you may submit a claim. Please note that the deadline for submitting claim forms has passed. Submitting a claim is the only way to share in the settlement fund. Claim forms must have been mailed, postmarked no later than November 8, 2007.

Second, claimants could choose to exclude themselves from the Settlement. The deadline to exclude yourself expired on September 21, 2007. If you excluded yourself, you will receive no payment. You will maintain the right to bring a separate lawsuit against CP Rail, Soo Line Railroad, and Canadian Pacific Railway, Ltd. regarding the January 18, 2002 derailment.

Third, claimants could choose to object to the Settlement. The deadline to object to the Settlement (telling the Court that you do not approve of all or some of the Settlement Agreement) expired on September 21, 2007. Please note that if you excluded yourself, you could not object to the settlement.

Fourth, claimants could go to the hearing. The hearing was held on October 9, 2007. You were not required to attend the hearing, but could have attended at your own expense. See "When and where did the Court decide whether to approve the settlement?" below.

Finally, you may do nothing. If you do nothing, you will remain a member of the class but you will not get a payment from the Settlement. You will not be able to start another lawsuit, or be a part of any other lawsuit against Canadian Pacific about the legal issues in this case.

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Top Q: Do I have a lawyer in this case?
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A:

Yes. The Court has appointed the firms of Zimmerman Reed, P.L.L.P. of Minneapolis, MN; Solberg, Stewart, Miller, and Tjon of Fargo, ND; and the Becnel Law Firm of Reserve, LA to represent you as Class Counsel.

You do not need to hire your own lawyer because Class Counsel are working on your behalf. However, if you want your own lawyer to represent you and appear in court for you, you can hire your own lawyer, but you will be responsible for paying that lawyer yourself.

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Top Q: How will the lawyers be paid?
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A:

Class Counsel will ask for legal fees no to exceed 33% of the Settlement Fund and expenses not to exceed $600,000, and awards to the Minot residents that brought this who brought this suit up to $75,000. The Court may award less than these amounts. The amounts sought will pay Class Counsel for the time they spent litigating this case for the last five years and assuming the risk of bringing the action on your behalf.

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Top Q:
When and where did the Court decide to approve the Settlement?

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A:

The Honorable Daniel L. Hobland held a Fairness Hearing at 9:00 a.m. on October 9, 2007, at 100 SW First Avenue, Minot, North Dakota. At this hearing the Court granted final approval to the Settlement.

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Top Q: Did I have to come to the trial?
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A:

No. You did not need to attend the trial, unless you are specifically asked to do so by Class Counsel, the Defendants, or the Court. Class Counsel presented the case for the Plaintiff, and the lawyers for the Defendants presented their defenses.

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Top Q: When will valid claims be paid?
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A:
We are diligently working through the final phases of the claims processing, and expect checks to mail to verified claimants in late April. Many thanks for your continued patience.
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Top Q: How do I get more information?
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A:
You can learn more by reviewing documents related to the lawsuit, including the Notice, Settlement Agreement, and other useful documents by selecting "Case Documents" at left. You may also call toll free 1-866-890-4860 for more information.

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