In re A.H. ROBINS COMPANY, INCORPORATED, Debtor.

This diversity suit by seven individual claimants, suing on their own behalf and as the proposed class representatives of all injured Dalkon Shield claimants, seeks recovery against Aetna Casualty and Surety Company (Aetna) for injuries resulting from the use of an allegedly defective intrauterine device known as the Dalkon Shield. Aetna was neither the manufacturer nor the vendor of the device; it was the products liability insurance carrier of A.H. Robins Company, Inc. (Robins), the manufacturer and distributor of the device. It is the theory of the plaintiffs that Aetna's conduct, while acting in its role as insurance carrier, was such that it rendered itself liable as a joint tortfeasor with Robins for any injuries sustained by persons using the device. The plaintiffs sought class certification of the suit. During consideration whether to give final certification of the suit, the parties entered into a settlement of the action conditioned on certification. After a duly-noticed hearing, the District Court granted in separate orders final class certification of the action and approval of the settlement of the action so certified. The appeal challenges the two orders. Since the two orders from which the appeals are taken are intimately connected, the two appeals have been consolidated. We affirm both the class certification and the settlement orders.I.

In the early 1960's, Dr. Hugh Davis, a gynecologist on the staff of the Johns Hopkins Hospital and the Johns Hopkins Medical School, developed an intrauterine device which has been generally described as a Dalkon Shield. In conjunction with some associates, Dr. Davis, in the mid 1960's, began to manufacture and sell on a small scale the Dalkon Shield. This limited operation continued until early 1970 when A.H. Robins Co., Inc. (Robins), which was a well-recognized and successful manufacturer and marketer of pharmaceutical products, acquired the exclusive right to manufacture and market the Dalkon Shield. In his findings in connection with this purchase by Robins of exclusive rights in the manufacture and sale of the Dalkon Shield, the District Judge said:

Prior to that time (i.e., the purchase of the Dalkon Shield), Robins had never marketed any kind of a birth control product and had no gynecologist on its medical staff. Nevertheless, Robins did no further testing, readily accepted the figures of the inventor's testing, and aggressively promoted the device to the medical profession and, uniquely for such a device, to the general public.

Robins, however, did not begin the marketing of the device until early 1971. Whether as a result of the promotional efforts of Robins or not, the product received wide public acceptance, and its sale was brisk. Between 1971 and mid-1974 when sales were discontinued, some 2,200,000 Dalkon Shields were sold. These sales generated a gross revenue for Robins of $XX-XXX-XXX.00 and a gross profit of $505,499.00.1

The product, however, had hardly been introduced into the market before what the District Court herein described as "an extraordinary volume" of complaints of injuries suffered by reason of its use began to surface. By 1973, the complaints had reached such a level that Robins felt compelled to send its first "Dear Doctor" letter to the medical profession advising the profession of a septic abortion problem arising out of the use of the device along with a suggestion for reducing the risk of such problem. The complaints from users of the device, however, continued at such a pace that by mid-1974 Robins finally withdrew the product from the market. Robins did not, though, issue any product recall until September 1980, when it addressed its second "Dear Doctor" letter to the medical profession. In this letter it recommended that the devices be removed from all continuing users, even those with no manifest problems, and it noted, as summarized by the District Court, that "long-term users of all IUD's had a higher risk of exposure to actinomyces, a virulent strain of microorganism implicated as a cause of pelvic inflammatory disease." However, there was no realistic recall of the Dalkon Shield until 1984.

The early complaints of injury from the use of the device quickly generated lawsuits against Robins in various parts of the country. Aetna Casualty and Surety Company (Aetna), as the products liability insurance carrier, was obligated to defend the suits filed against Robins in that connection. The first action to come to trial against Robins charging injuries from the use of the Dalkon Shield arose in the state court in Kansas and resulted in a verdict in February 1975 in favor of the plaintiff in the amount of $85,000, including a $75,000 punitive damage award. This verdict was widely publicized and the filing of actions against Robins quickened.2 This multiplication of suits--such, for instance, as approximately two hundred at the same time in the Northern District of California3 and in the District of Maryland,4--posed a serious problem of manageability for the courts before which the suits were pending.

Many of the courts referred the multiplicity of suits in their district for consolidated pre-trial proceedings under the direction of the Judicial Panel on Multi-District Litigation in the hope that such action might reduce the difficulties of disposing expeditiously of the mounting Dalkon Shield case burden. See In re A.H. Robins Co., Inc. "Dalkon Shield" IUD Products Liability Litigation, 406 F.Supp. 540 (J.P.M.D.L.1975); 419 F.Supp. 710 (J.P.M.D.L.1976); and 438 F.Supp. 942 (J.P.M.D.L.1977). After the entry of a number of such orders of transfer, the Judicial Panel finally concluded that their previous orders accepting transfers had accomplished as much as could be achieved in reducing pre-trial proceedings and it began vacating later transfer orders, returning the cases for further proceedings to the respective transferor courts. In re A.H. Robins Co., Inc. "Dalkon Shield" IUD Products Liability Litigation, 453 F.Supp. 108 (J.P.M.D.L.1978); and 505 F.Supp. 221 (J.P.M.D.L.1981). While these proceedings before the Judicial Panel had aided the problems of discovery in the Dalkon Shield cases, they did nothing to relieve the clogging of court calendars by the constantly increasing stream of Dalkon Shield cases to be tried, nor did they reduce substantially the trial time of the cases. It was manifest that other measures were required if this overloading of the courts with Dalkon Shield cases was to be relieved.

District Judge Miles Lord of the Minnesota District Court, to whom had been assigned in the late 1970's and early 1980's a large number of Dalkon Shield cases, determined to try his hand at expediting the disposition of such cases as were before him. He consolidated a large number of such suits and appointed a lead counsel to handle discovery. He prodded the counsel so appointed to proceed aggressively, and he named two masters to sift through all the material discovered and to prepare a report for counsel and the court based on all material discovered and any developed in their independent investigations. The masters did conduct considerable independent investigations. Thus, they reviewed carefully the relevant records in the files of Robins and inquired into the possible involvement of Aetna with Robins in the defense planning and activity. All of this discovery, along with that developed by lead counsel, was catalogued by lead counsel appointed by the Court. The suits in litigation before Judge Lord, however, were at this point settled for $38 million and no further proceedings were had in Judge Lord's court (and that of his successor). The lead counsel in this litigation before Judge Lord withdrew from any subsequent Dalkon Shield litigation but made available to counsel in other cases the discovery developed in that case.

Other courts took another tack in an effort to manage expeditiously and fairly the mass of Dalkon Shield cases. They turned to the class action procedure provided by Rule 23, Fed.R.Civ.P. The great volume of cases which were inundating the court system and the similarity of the issues in all the cases, it was thought, provided a proper basis for class treatment both in the interests of the parties and of the courts. The first case in which this procedure was invoked was Rosenfeld v. A.H. Robins Co., Inc., 63 A.D.2d 11, 407 N.Y.S.2d 196 (N.Y.App.Div.), appeal dismissed, 46 N.Y.2d 731, 413 N.Y.S.2d 374, 385 N.E.2d 1301 (1978). In that case, the plaintiffs sought class certification under a New York statute modeled after Rule 23, and Robins, oddly enough, opposed such certification. The motion court denied certification and, on appeal, that decision was affirmed. The court, in affirming that decision, stated that:

In view of the complicated issues of fact which must be resolved on an individual basis, it is our opinion that common questions of law and fact do not predominate in this action and that the Special Terms correctly denied plaintiffs' motion for class certification.

407 N.Y.S. at 201.

The court added as the rationale for this conclusion that "[t]he difficulties involved in determining the causality of injuries of this sort cannot be overstated." Ibid. at 201. It also denied partial certification because the issues which would have been pertinent in such a certification were "so thoroughly intertwined with those which must be determined individually." Ibid. at 201. It is obvious from these comments that it was the problem of individual causality which motivated the court in its denial in this case of class certification.

The next stab at class certification arose in In re Northern District of California "Dalkon Shield" IUD Products Liability Litigation, 526 F.Supp. 887 (N.D.Cal.1981) vacated, 693 F.2d 847 (9th Cir.1982), cert. denied, 459 U.S. 1171, 103 S.Ct. 817, 74 L.Ed.2d 1015 (1983). In that case, the District Judge, confronted with a mass of Dalkon Shield cases pending for trial in his court, concluded that a class certification was an appropriate--in fact, the only--available procedure for expediting the fair disposition of such suits and preventing a waste of judicial resources in trying individually cases in which there would be an endless repetition at great length of many of the same facts. He accordingly proceeded on his own motion to certify a nationwide class action on the issue of punitive damages under Rule 23(b)(1)(B) and a statewide (California) class action on the issue of liability under Rule 23(b)(3). He supported his decision with a cogently reasoned opinion. However, on appeal, that decision was reversed. 693 F.2d 847 (9th Cir.1982).

The Court of Appeals, in reversing the District Court's certification sought to divide the certification issue into two broad classes: One deals with the class (b)(3) certification of the issue of liability for the manufacture and sale of a defective product; the second relates to the District Court's certification under the "limited fund" doctrine of the claim for punitive damages under (b)(1)(B). On the first point, the Court of Appeals said that, despite the fact that the certification under (b)(3) was "limited to the issue of liability," "Robins' overall liability, under some of the theories [of liability], cannot be proved unless each plaintiff also proves that Robins' breach of duty proximately caused her particular injury." 693 F.2d at 853, 856. It recognized that Rule 23(c)(4)(A) authorizes and encourages separating issues for certification where economies of trial may be achieved, but dismissed the use of such authority in this case because "[t]he complexity of issues peculiar to individual claims militates against grouping all plaintiffs into a class for only part of their recovery" and "[t]he few issues that might be tried on a class basis in this case, balanced against issues [such as causation and damages] that must be tried individually, indicate that the time saved by a class action may be relatively insignificant. A few verdicts followed by settlements might be equally efficacious."5 Ibid. at 855, 856. It then added this somewhat contradictory sentence: "We do not preclude further consideration by the District Court of motions to certify a more limited class or subclasses under Rule 23(b)(3)," Ibid. at 856, seemingly suggesting that if the District Court would further break the issue down certification might be appropriate. It proceeded to add that the petitioner for class certification had failed to satisfy the "typicality" requirement of subsection (a)(3) or the "superiority" requirement of (b)(3). For this conclusion the Court of Appeals relied on the Advisory Committee's Note to (b)(3) and on La Mar v. H & B Novelty and Loan Co., 489 F.2d 461 (9th Cir.1973) and McDonnell Douglas Corp. v. U.S. District Court for the Central Division of California, et al., 523 F.2d 1083 (9th Cir.1975), cert. denied, 425 U.S. 911, 96 S.Ct. 1506, 47 L.Ed.2d 761 (1976), two cases which held that the "flexible" language of Rule 23 itself had, in the interest of manageability, to be reined in with constraining limitations, which were not expressed in the Rule.6 The Court of Appeals appears to have found also that the (a)(4) requirement of "adequate representation" was not met. In that regard, it stated that "[n]o plaintiff has appeared in this appeal in support of class certification," "no plaintiff [had] accepted" the role of class representative, "none of the attorneys already involved [was] willing to serve as class counsel" and the District Court had been forced to appoint counsel to maintain the class action. 693 F.2d at 850-51. The appointed counsel had resigned and the replacement had not started to represent the class.7 693 F.2d at 850-51. However, in concluding this phase of its opinion, the Court of Appeals ambiguously said:

We are not necessarily ruling out the class action tool as a means for expediting multi-party product liability actions in appropriate cases, but the combined difficulties overlapping each of the elements of Rule 23(a) preclude certification in this case. 693 F.2d at 851.

In reversing the certification of the punitive damages claim under (b)(1)(B), the Court of Appeals held apparently that to qualify for certification under the "limited fund" doctrine, the movant for certification must prove the fact that the fund is inadequate to pay all claims "inescapably," 693 F.2d at 851, and it found that the District Court had erred in finding to the contrary in entering an order of certification of the punitive damage claim under (b)(1)(B).8

In 1984, Robins itself thereafter filed an action seeking class certification of the claim for punitive damages in all Dalkon Shield suits in the Eastern District of Virginia. In re Dalkon Shield Punitive Damages Litigation, 613 F.Supp. 1112 (E.D.Va.1985). Certification was denied. The District Judge construed the decision by the Ninth Circuit Court of Appeals in In re Northern District of California Dalkon Shield Products Liability Litigation, supra, (693 F.2d 847), as having held that Rule 23(a) with its requirements of commonality, typicality and adequate representation were not met in the negligence and warranty claims for punitive damages against Robins and concluded that such decision barred under familiar principles of collateral estoppel this subsequent request for certification of the propriety of punitive damages awards in Dalkon Shield cases.

The final effort at maintaining a class action against Robins before the filing of the action which is the subject of this appeal occurred in early 1985. At that time counsel who later filed this action instituted in the District Court of Virginia a proposed class action against Robins. The complaint in that action included the same general allegations which had been made in earlier attempts at maintaining a class action in the Dalkon Shield litigation but added an important new averment. It alleged that at the time the action was filed, Robins was insolvent and that the value of outstanding claims, filed and unfiled, exceeded Robins' value, thereby exposing filing victims to economic prejudice at the hands of more timely filed claims. The action sought a gross judgment, the proceeds from which would be equitably distributed among Dalkon Shield claimants under an alternative dispute resolution process.9 Robins opposed the suit and denied insolvency. Though a hearing was had by the District Court on the motion for class certification, no order on that motion was issued prior to the filing by Robins of the Chapter 11 proceedings. The motion has remained dormant since.

During the period of these proceedings before the Judicial Panel and the attempts at class certification as already detailed, the flood of suits against Robins by Dalkon Shield claimants had continued unabated. By 1985 "an average in excess of seventy (70) cases per week were being filed," usually seeking "both compensatory and punitive damages."10 Moreover, large verdicts were being returned against Robins. Illustrative of that was a case in the same court before which the first verdict in a Dalkon Shield case in mid-1975 was returned. In 1985, with the same counsel representing the plaintiff, a verdict of $9.1 million (of which $7.5 million was awarded as punitive damages) was returned against Robins. In short, beginning with an award of $85,000 in 1975, awards in the Dalkon Shield cases escalated by 1985 with verdicts such as this latest verdict to over $9 million. Such suits understandably were taking their toll on Robins' resources.

Under these circumstances, it was but natural that some Dalkon Shield claimants and their counsel would have become apprehensive of the ability of Robins to meet the liabilities being asserted in all the pending Dalkon Shield cases. Another "deep pocket" had to be sought and a number of the claimants focused on Aetna as this other "deep pocket." Various suits were begun prior to the filing or immediately after the filing by Robins of its Chapter 11 petition against Aetna charging liability on its part as a tortfeasor with Robins.

Typical of such suits was Bast, et al. v. A.H. Robins Co., Inc., 616 F.Supp. 333 (E.D.Wis.1985). In that case, the Dalkon Shield plaintiffs sought, in the words of the Court, "to impose direct liability for their injuries upon Aetna Casualty and Surety Company, the A.H. Robins Company's insurance carrier," under a claim that Aetna had, by its actions, made itself a joint tortfeasor equally liable as Robins. They alleged virtually the same substantive claims as did the plaintiffs in the case before us, to wit, negligence, express and implied warranty, misrepresentation and fraud, all garnished with a RICO claim. The Court found the complaint flawed because the plaintiffs had failed to "aver the existence of a duty of care owed the plaintiffs by Aetna, and resultant injuries proximately caused by such breach." 616 F.Supp. at 334. It, therefore, dismissed the action.

A few weeks after Bast was dismissed, and about a week before Robins filed its Chapter 11 petition, a similar case came before the District Court in the other district of the same state. Campbell, et al. v. A.H. Robins Co., Inc., 615 F.Supp. 496 (W.D.Wis.1985). The complaint in this action charged the same negligence, warranty, misrepresentation, conspiracy, fraud and RICO counts as had Bast. Aetna filed a motion to dismiss and the Court granted the motion. In dismissing the suit, the Court said that all the claims were "faulty for the simple reason that an insurer owes no duty of care to injured third parties under Wisconsin law." In the same vein, the court said that "there must be allegations of how a defendant may have breached such duties, and how the plaintiffs' injuries may have been caused by the defendant." 615 F.Supp. at 500 (citation omitted). It added too that "retrospective liability of co-conspirators does not operate to make the late-entering conspirator responsible for the already completed substantive offenses of his cohorts." Ibid. It dismissed the RICO claim as "deficient in two respects: the complaint does not allege a causal connection between the racketeering offenses attributable to Aetna and the injuries that plaintiffs suffered; and the complaint does not, and cannot, allege an injury to 'business or property' as required by 18 U.S.C. Sec. 1964(c)." Ibid. (footnote omitted).

Other suits against Aetna were filed seeking to charge it as a joint tortfeasor with Robins in the Dalkon Shield litigation. So far as we can ascertain, motions for dismissal in all such actions were filed by Aetna and, such as had been heard and ruled on, had been granted. See Bathurst v. Aetna Casualty and Surety Co., No. 85-C-0324 (E.D.Wis.1985) and Dyes v. Aetna Casualty and Surety Co., No. C-85-3932A (N.D.Ga.1985).11

In addition to all these attempts at class action certification, either total or partial, and attempted suits against Aetna, there had been a running dispute between Aetna and Robins on the extent of the coverage under Aetna's policy. This difference apparently existed from the very beginning of the Dalkon Shield litigation. In 1979 Aetna had filed a declaratory action to resolve some of these disputes and differences. In October, 1984, a settlement was agreed upon in this litigation after extensive negotiations. In a compromise settlement of the dispute, Aetna agreed, among other things, to provide a small additional coverage above its claimed limits of $300 million. By mid-1985, there was argument between Robins and Aetna over the amount of remaining liability, if any, under Aetna's policy available for payment of judgments entered in the Dalkon Shield litigation.

By this time, Robins had been frustrated in every effort to reduce the expenses of defending the individual suits being filed through the use of the class action device. The costs of defense, the disruption that all the individual trials was placing on its executive force, and the expense of discharging some of the judgments were putting great financial strain on Robins. Its funds had been so depleted by the suits that its unrestricted funds had been reduced to $5 million and "financial institutions were unwilling to lend it money." It had actually experienced considerable difficulty in collateralizing as a condition of appeal the judgment in the case where the plaintiffs had recovered in early 1985 a $9.1 million judgment. Faced with its obvious financial deterioration, a deterioration which gave every indication of accelerating, Robins felt its only avenue for paying equitably and fairly all the claims was through a Chapter 11 proceeding. So on August 22, 1985, Robins filed in the Eastern District Court of Virginia its Chapter 11 petition. By the time Robins filed this petition it and/or its insurance carrier had settled 9,238 claims for approximately $5XX-XXX-XXX. Despite these settlements, Robins, at the time it filed for relief, still faced over five thousand pending cases in state and federal court. In re A.H. Robins Co., Inc., supra, 89 B.R. at 557.

A few months after the Chapter 11 petition was filed, seven Dalkon Shield claimants, suing individually and as the class representative of all Dalkon Shield claimants, filed this action against Aetna alone to recover for the injuries allegedly suffered by them as a result of the use of the Dalkon Shield. The plaintiffs (hereafter often referred to as the Breland plaintiffs) asked at the outset of their complaint that the action be certified as a class suit on behalf of the whole class of Dalkon Shield claimants, which class they averred should be divided into two such classes identified as Class A and Class B. Class A members were those claimants who had complied with all the requirements for proof as a claimant in the Robins bankruptcy proceedings, and Class B members were those who had failed to so comply. Alleging compliance with the prerequisites of Rule 23, they asked that the action against Aetna be certified as a class action against Aetna on behalf of both Classes A and B under Rule 23(b)(1)(A) and (B), without opt-out rights on the part of any member of either Class. They proffered allegations of justification for this action. They then separated their substantive claims into two categories. The first was characterized by them as their "Limited Fund Contract Claim." This claim related to Aetna's liability under its Robins policy. In 1984, after several years of haggling between Robins and Aetna, an agreement, as we have already said, was reached which changed in some particulars Aetna's obligation under its policy to the prejudice of those entitled to avail themselves of rights under it. It was the premise of the Breland plaintiffs that the Dalkon Shield claimants were third-party beneficiaries under the policy and as such had a common, undivided interest in the value of the policy. They sought "vitiation" of this 1984 agreement between Robins and Aetna. This was the subject of the "limited fund" claim.

The second claim of the Breland plaintiffs was for recovery of damages against Aetna as a joint tortfeasor for all injuries sustained by the two Dalkon Shield Classes of claimants by reason of the use of the Dalkon Shield. The plaintiffs alleged as a basis for their charge against Aetna as a joint tortfeasor that from "the time the Defendant [Aetna] agreed to insure Robins and continuing up to the present, Defendant became an active participant in all stages of the development, testing, promotion, and marketing of the product as well as being inexorably involved in the palliation of the public and the medical profession." They followed with a statement of the same claims of liability under negligence, strict liability, express and implied warranty, fraud, and conspiracy plus the standard RICO averments that were becoming routine allegations in the suits filed by Dalkon Shield claimants against Robins.

In its answer to this complaint, Aetna admitted at the outset federal jurisdiction "over this action pursuant to 28 U.S.C. Sec. 1334(b) and 11 U.S.C. Sec. 105 because this action arises in and is related to In re A.H. Robins Company, Inc. Chapter 11 Case No. 85-01307-R," and expressly conceded the accuracy of plaintiffs' allegations in paragraph 26 of their [the plaintiffs'] complaint, which was in these words:

The class is severely prejudiced and adversely affected unless a single class action is permitted to be maintained in which class representatives under strict court guardianship are in a position to bind the class and Aetna in a unitary proceeding against Aetna. The equitable underpinnings for the certification of mandatory Rule 23(b)(1) class actions are satisfied under these extraordinary circumstances.

It added affirmatively in that connection "that Aetna [itself] would be severely prejudiced if forced to respond to multiple suits filed by class members. The application of incompatible standards to Aetna would impair Aetna's ability to engage in the consistent, continuing course of conduct relative to its duties and obligations as an insurer."

On the merits of the claims, Aetna denied specifically all allegations of the complaint charging liability on its part along with Robins in the Dalkon Shield cases as a joint tortfeasor, stating affirmatively that

Aetna's action and activities complained of by plaintiffs are based on Aetna's relationship with Robins as its insurer, and not on any direct conduct or contact between Aetna and any of the plaintiffs claiming injury from use of the Dalkon Shield. No action by Aetna caused any injury to any plaintiff as a matter of fact or of law.

It said in further explication of this defense that it was "neither a manufacturer nor a seller of the Dalkon Shield and, therefore, is not subject to strict liability."

With the joinder of issues in the action, the plaintiffs moved promptly for class certification in accordance with the allegations of their complaint. The District Court heard such motion on October 30, 1986. In its order entered some weeks after the hearing, the court found that "the requirements for class action certification under Federal Rules of Civil Procedure 23 [had] been" met and it conditionally certified the action. However, consistent "with the Court's determination by [its] Order of November 4, 1986, to lift the stay in this action to permit Plaintiffs to proceed with discovery" and "to assure that the class will have the benefit of all such discovery," it made its certification "subject to further consideration in light of discovery developments, whether this action should continue to be maintained as a class action, and if so, in what form."

In the meantime, a number of Dalkon Shield claimants, by counsel, filed for leave to intervene at the hearing on the motion for final certification in order to oppose class certification. The District Court granted the right to intervene for the purpose of filing briefs in opposition to class certification as well as "to present oral argument before the Court prior to the disposition of the class certification motion before this Court."

While the discovery was continuing under the District Court's order for conditional certification, the Official Dalkon Shield Claimants' Committee filed a motion with the District Court for leave to file its own complaint against Aetna. That motion was granted and the Committee proceeded to file its complaint. The Committee's complaint followed substantially the Breland plaintiffs' complaint on its broad claim against Aetna but it injected into the controversy an entirely new issue of considerable complexity. This additional allegation was that "[a]s a result of the joint negligence of Aetna and Robins, Aetna is liable to Robins for contribution for its pro-rata share of those damages already paid by Robins to Dalkon Shield users." Aetna responded to this complaint, admitting the insurance policy issued by it to Robins and that Robins had "expended in excess of $2XX-XXX-XXX pre-petition with respect to Dalkon Shield claims"12 but denying absolutely on a number of grounds any claim that it was a joint tortfeasor along with Robins in the Dalkon Shield case. It, too, added an affirmative claim of a right to contribution from Robins in the event it was found liable as a joint tortfeasor. This latter claim was stated in paragraph 20 of Aetna's answer to the Committee's complaint as follows:

In the event, however, Aetna is liable to Robins for contribution or for other form of relief (all such liability being expressly denied by Aetna), then, as to any amounts which Aetna is required to pay to Dalkon Shield claimants (other than under the policies of insurance issued by Aetna to Robins) on account of injuries related to the Dalkon Shield, Robins is liable to Aetna for contribution as to all such payments to the extent based on conduct by Aetna found sufficient to give rise to a right by Robins to contribution.

This action of the Committee was consolidated with the Breland suit without objection and was disposed of in the orders granting certification and approving the settlement, all as subsequently discussed.

As discovery on the certification issue proceeded, considerable inquiry on the part of counsel for the Breland plaintiffs into all dealings between Robins and Aetna, including the files of Robins and those of Aetna, was conducted. At the same time, discussions of a possible settlement between the plaintiffs in Breland and Aetna were engaged in by counsel for the parties. The parties recognized that the Breland case and the Robins reorganization would necessarily involve some coordination if a feasible settlement were to be achieved. Such a coordination would require as an essential step a final class certification in the Breland case. To expedite certification, Aetna stipulated of record that "if Breland were certified, and if claims resolution in Breland could be coordinated with the claims resolution process which would be required in the Robins reorganization proceedings, [it] would agree not to litigate separately any of the non-common issues of individual medical causation and individual amounts of damages." This stipulation left open either for trial or for settlement the issue whether Aetna could be held liable as a joint tortfeasor with Robins; all other issues--the non-common ones of individual causation and damages--were to be resolved along with the similar claims in the Robins reorganization under a claims resolution procedure for the disposition of such claims.

A settlement figure on the common issue of Aetna's possible liability as a tortfeasor was extensively discussed. The discussion ranged somewhere "between zero and $300 million in cash." However, it became "obvious," as the Breland counsel wrote Aetna's counsel, "that somebody is going to buy Robins," and, though the parties to the Breland suit had "agreed in principle to a solution," he (the Breland counsel) felt that any final attempt at settlement should "wait until we see what type of proposal is seriously made by a serious suitor that has a chance of becoming a feasible plan of reorganization prior to our finally resolving our lawsuit." When American Home Products Corporation (Home Products) later entered the picture as a "serious suitor" for Robins, the negotiations in the consolidated suits of the Breland plaintiffs and the Claimants' Committee and the discussions of a Plan of Reorganization of Robins, based primarily on an offer of American Home, began to merge and take shape, looking to a combined settlement of all Dalkon Shield litigation.

While discussions had been proceeding between Aetna and the Breland plaintiffs, the parties in the bankruptcy reorganization of Robins had fortunately been working at the same time on a Plan of Reorganization. As a basis for any plan of reorganization it was necessary that an estimation be made of the unliquidated claims against the debtor under Section 502(c) of the Bankruptcy Code, which directs that "[t]here shall be estimated for purposes of allowance under this section--(1) any contingent or unliquidated claim, the fixing or liquidation of which, as the case may be, would unduly delay the administration of the case." An estimation under this section contemplates a full adjudication.13 The estimation of the unliquidated claims in this case was arrived at after testimony by expert witnesses, taken in a proceeding before the District Judge, where all parties were represented by counsel and had participated. The result of the hearing was an estimation made by the District Judge on the basis of the full record before him. The Dalkon Shield claims constituted substantially all the unliquidated claims involved in the estimation. The value of such unliquidated Dalkon Shield claims was fixed in the District Judge's estimation order at an "aggregate" dollar amount or value of $2.475 billion. The District Judge announced to all parties interested in the reorganization that no plan of reorganization would be considered which failed to provide this amount for the full payment of all Dalkon Shield claims.

At this point the American Home Products Corporation (American Home) made an offer that gave promise of enabling the debtor to meet this requirement of the District Judge. It proposed a merger of Robins with a subsidiary of American Home, which, with the assistance of its parent company, would as an incident of the merger provide, among other things, a sum, which, supplemented with some other anticipated contributions would, provide a fund of $2.475 billion for the full satisfaction of the unliquidated Dalkon Shield claims. One expected to make some contribution was Aetna. The reason for such inclusion was American Home's insistence that its contribution was contingent on a settlement by all Dalkon Shield claimants of their claims against any party. This insistence on American Home's part was a desire to assure the new company to be formed by the merger against any Dalkon shield liability. It may be that American Home felt that if Aetna were left out and Dalkon Shield claimants prevailed on its joint tortfeasor claim against Aetna, Aetna would acquire a right of contribution against Robins or its successor under the laws of a majority of the states.14 American Home apparently demanded that the new company, Robins and American Home, be protected against that risk. It accordingly became clear to the parties in the bankruptcy, as it had to the parties in the Breland case, that the negotiations for settlement of the suit of the Breland plaintiffs and of the Claimants' Committee had to be merged into a comprehensive procedure for the liquidation of all Dalkon Shield claims against Robins and Aetna. This made it essential that the settlement of the Breland case be tied to the Plan of Reorganization of Robins, and that is what the parties in the two proceedings did.

The procedure adopted to achieve this merger of the Breland action and the Plan of Reorganization of Robins began with the formulation of what was intended as the Final Plan of Reorganization of Robins. This Plan of Reorganization contemplated the creation of a Trust Fund to consist of $2.475 billion, to be funded primarily by payments made by American Home in connection with its acquisition by merger of Robins and by contributions of Aetna.15 Since it was manifest that Robins' liability in the Dalkon Shield litigation was direct while that of Aetna's liability as a possible joint tortfeasor was rather tenuous, if at all, the contribution of Robins through its merger with American Home's subsidiary and that of Aetna would vary markedly, and it did. The contribution of Aetna was to consist of a net of $75 million and of four policies of insurance, one of which was to be in the total amount of $250 million to be used "in the event there [were] not sufficient funds of the Trust (including investment income) to make further payments on claims" and the other to consist of an approved policy or policies of insurance in the amount of $100 million to pay Class B claimants whose claims were "ineligible for such recovery on a nonsubordinated basis." Aetna was to pay the premiums on all such insurance. Upon the approval of the Plan of Reorganization and the Certification and Settlement in the Breland suit, and the payments and transfers of insurance contracts to the Trust Fund required under the Plan and Settlement, the claims of all Dalkon Shield claimants against both Robins and Aetna were to be converted into claims solely against the Trust Fund established to pay in full their claims as proved under the procedure provided in the Plan, and Robins, Aetna and American Home and a successor company and the individuals contributing to the fund were to be released absolutely from any liability to Dalkon Shield claimants.

The Trust itself was to be operated by five trustees named in the Plan. The trustees were to create a Claims Resolution Facility which would resolve the liability due to each Dalkon Shield claimant. The issue of liability in each case would be resolved, if possible, by negotiations between the Facility acting for the Trust and the claimant and her attorney, if she had an attorney. If resolution of the claim could not be accomplished through negotiation, then the claim in every case would be resolved either by binding arbitration or by a jury trial at the option of the claimant. Should any claimant elect to settle her claim by suit, venue of such trial "[would] be unchanged by the Chapter 11 case" and the "right to a jury trial [would] be preserved," with "[a]ll claims and defenses ... available to both sides in a trial." See Exhibit Vol. III, pp. 1952-53.16 Under Aetna's stipulation, already described, this provision meant that questions of individual causation and damages in both the Robins bankruptcy and in the Breland case would be resolved by the above proceedings.

Considerable testimony was taken--much of it before the District Court itself--on the propriety of certification and of the Settlement. The parties' in interest engaged in extensive cross-examination of the witnesses in the various proceedings. A full record of such proceedings is included in the Joint Appendix herein. Some of the records considered in the matter were made before the Claimants Committee's action was filed, but a great part was after that filing. In addition, the discovery developed as a result of the proceedings before Judge Lord as well as the report of the masters appointed by Judge Lord in that proceeding was made a part of the record. Moreover, the masters testified in person in connection with their investigations and reports. At the conclusion of the receipt of testimony and admission of exhibits, lengthy arguments of counsel both for and against certification and of the Settlement were heard by the District Court.

On the basis of the record and the arguments, oral and written, by the parties, the District Court made its findings and conclusions separately on both the motion for class certification and the motion to approve the Settlement. It is essential in reviewing these decisions to remember that we are reviewing two decisions, both made substantially on the same factual record but dealing separately with the different issues in the two appeals. However, before we discuss the two appeals on their merits, we must address a jurisdictional issue, which, if upheld, would require the dismissal of the entire action.

The appellants have raised a threshold claim that this action fails the jurisdictional test established for a diversity action in federal court. The jurisdictional flaw is said to be the failure of the action to meet the jurisdictional amount test under 28 U.S.C. Sec. 1332.17 The appellants base this contention on Zahn v. International Paper Co., 414 U.S. 291, 301, 94 S.Ct. 505, 512, 38 L.Ed.2d 511 (1973), in which the Supreme Court said that "[e]ach plaintiff in a Rule 23(b)(3) class action ... must satisfy the jurisdictional amount, and any plaintiff who does not must be dismissed from the case." We address this jurisdictional issue first, as we should.

Unquestionably, all the named plaintiffs in this case meet the jurisdictional amount test for federal diversity jurisdiction. Each plaintiff alleges a claim in excess of $10,000.18 Such an allegation was sufficient at the time to establish jurisdiction. St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 288, 58 S.Ct. 586, 590, 82 L.Ed. 845 (1938). But it is the appellants' construction of Zahn that not only must the named plaintiffs in a proposed class action suit meet the jurisdictional amount but that all unnamed class claimants must likewise do so. Under this argument, it would be necessary to find on the record that the 300,000 Dalkon Shield claimants met the jurisdictional test. We do not understand, however, that the appellants assert that the plaintiffs herein must establish by direct proof that the claims of the unnamed class members meet the jurisdictional amount, nor would prevalent authority sustain such contention, if made. The courts which have considered the jurisdictional amount requirement in the mass tort class action context have ruled that the court will dismiss on this ground only if it can be said "to a legal certainty" that the claims of the unnamed claimants fail the jurisdictional amount test. This was the decision of the court in the first decision to address this point in a mass tort case, the decision which is generally regarded as the guiding authority in this connection. Payton v. Abbott Labs., 83 F.R.D. 382, 395 (D.Mass.1979).19

Payton, on its facts, has striking similarity with this case. It involved claims by a class of women suing for injuries caused by exposure to diethylstilbestrol (DES), manufactured and sold by the defendant pharmaceutical manufacturer. The defendant objected to class certification on the ground "that members of the plaintiff class [did] not satisfy that [the jurisdictional amount] minimum and that, in the context of this action, separating members of the class who meet the jurisdictional minimum from those who do not is impossible."20 The Court, in deciding the issue in that case, looked first to St. Paul Indemnity, which had said that "[i]t must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal" for want of the jurisdictional amount, 303 U.S. at 289, 58 S.Ct. at 590, and, applying that principle, denied the motion of the defendant to dismiss, saying

Plaintiffs' claimed damages are unliquidated and subject to a jury's evaluation of many subjective factors. I cannot now find to a legal certainty that the claim of any member of the plaintiff class is less than the jurisdictional amount. 83 F.R.D. at 395.

In In re No. District of Cal. "Dalkon Shield" IUD Products, 526 F.Supp. 887, 910-11 (N.D.Cal.1981), in which there was, as we have said, a class certification of Dalkon Shield claimants, the District Court apparently sua sponte noted that it might be argued in denial of jurisdiction as do the appellants here that "each class member, named or unnamed" may not have a claim meeting "the amount in controversy requirement." The court, however, dismissed such possible jurisdictional objection. In so doing, it relied, as did Payton, on St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 288, 58 S.Ct. 586, 590, 82 L.Ed. 845 (1938), with its rule requiring a finding of "legal certainty" for its dismissal on the jurisdictional issue. On appeal, the decision of the District Court on the merits was reversed, but the appellate court did not disapprove of the jurisdictional ruling made by the District Court. That court did not even notice the point in its decision, even though the District Court in its opinion had ruled on the point. In fact, it is not clear from the opinion that the appellants even raised the point. In any event, since this jurisdictional defect, if sound, would have made unnecessary consideration of the other points on appeal and should have been considered by the Court sua sponte if of merit, it seems safe to assume that the Court of Appeals agreed with this part of the District Court's ruling. See In re No. District of Cal. "Dalkon Shield" IUD Products, 693 F.2d 847 (9th Cir.1982), cert. denied, 459 U.S. 1171, 103 S.Ct. 817, 74 L.Ed.2d 1015 (1983).

In In re Agent Orange Prod. Liability Litigation, 818 F.2d 145, 163 (2d Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 695, 98 L.Ed.2d 648 (1988), which was a class action suit on behalf of all former servicemen claiming injuries as resulting from the use of Agent Orange by the military forces in Vietnam, the same question arose whether the plaintiffs class satisfied the standard established by Zahn. In answering this question, the court noted the rule in St. Paul Mercury Indemnity to which we have already referred. It applied that rule and dismissed the point with this statement:

Appellants do not argue that any class members made bad faith damage claims. Nor do they offer us any basis for determining whether such claims clearly are for less than the jurisdictional amount. Instead, they claim the District Court failed to carry out an obligation to police the damage claims. No such affirmative obligation exists, however, absent some apparent reason to make inquiry. Plaintiffs made what must be assumed to have been good faith allegations that each of them was entitled to at least $10,000 in damages. Defendants did not challenge the bona fides of these claims, and the District Court thus had no reason to inquire further.

The author of the comment, Federal Mass Tort Class Actions: A Step Towards Equity and Efficiency, 47 Alb.L.Rev. 1180, 1189-90, n. 36 (1983), suggests as the proper rule to be applied in the mass tort situation that the action will be permitted to proceed against a jurisdictional amount challenge if the class plaintiffs themselves all meet the jurisdictional amount requirement since it "would be consistent with the rule that once federal jurisdiction in a class action has been fixed by the parties of record, subsequent intervenors do not need to meet the jurisdictional amount." Ibid., 1190 n. 36. This rule would not be inconsistent with the literal reading of Zahn, since that decision said simply that, if any class member's claim was less than the jurisdictional amount, that class member's claim should be dismissed. However, it is not necessary to go this far in order to dispose of this challenge to the maintenance of the action herein. Applied as it was by the court in Payton and the other cases, St. Paul clearly sustains jurisdiction here. Thus, there have been countless suits, both in federal and state courts, to recover for injuries caused by the use of the Dalkon Shield. So far as a hasty review of the reported cases has indicated, not one suit has been filed in which the plaintiff sought less than the then jurisdictional amount. In the face of such a record, it would appear to be indisputable that it cannot be said to a "legal certainty" that the jurisdictional amount herein was not satisfied. We accordingly dismiss appellants' claim of lack of jurisdictional amount herein under St. Paul Mercury Indemnity.

We turn now to the challenge of the certification order. This order was issued in what is emerging to be one of the most difficult management problems confronting the courts today, particularly federal courts, i.e., that posed by the mass tort suit. Mass tort suits are generally divided into two classes. Note, Federal Mass Tort Class Actions: A Step Toward Equity and Efficiency, 47 Alb.L.Rev. 1180, 1183 (1983); 3 Newberg on Class Actions, Sec. 17.21, pp. 394-47 (2d ed. 1985). The first is concerned with what is designated as the mass accident suit, in which a large number of persons are injured as a result of a single accident. A familiar instance of such a tort is an airplane crash or the failure of a building as in In re Federal Skywalk Cases, 680 F.2d 1175 (8th Cir.1982), cert. denied, 459 U.S. 988, 103 S.Ct. 342, 74 L.Ed.2d 383 (1983). The other type of mass tort action, of which this case is an outstanding example, is one arising out of the sale, on a national or international market to thousands of persons, of an alleged defective product, from the use of which has caused many persons to have suffered injury. In some of these products liability cases, the number of persons involved may be enormous. The number of potential plaintiffs, in this case, for instance, are in the hundreds of thousands. In most instances, this type of mass tort will generate far more cases than the normal accident type.

Within recent years, the proliferation in the development and distribution of new products and remedies and the complaints of injuries from the use of these products have brought an accelerating avalanche of mass products liability suits primarily in federal courts which represents what is, as we have already observed, probably the most important and difficult management problem facing the federal court system today. Professor Seltzer has well summarized the size of the problem:

Mass tort litigation in the 1980's has reached unprecedented levels. Thousands of personal injury lawsuits have been filed against manufacturers of such mass-marketed products as asbestos, formaldehyde, diethylstilbestrol (DES), Agent Orange, automobiles, tampons and intrauterine contraceptive devices [IUD's].21

The Note, Class Certification in Mass Accident Cases under Rule 23(b)(1), 96 Harv.L.Rev. 1143 (1983), is to the same effect:

Mass accidents are a recurring phenomenon of modern technological society. It is not unusual for hundreds or thousands of injuries to be caused by a sudden event--an airplane crash or a structural building failure--or by a product defect in a widely used drug. Victims typically seek redress for such injuries by initiating individual suits. As a result, the judicial system becomes crowded with multiple claims concerning one basic course of conduct, with each victim seeking to maximize his own recovery and each defendant attempting to reduce his potential liability. As each party acts to further a narrow perception of his own best interests, the collective interests of the parties, society, and the judicial system may be ignored. Ibid. (footnote omitted)

The burden on the courts that these mass torts imposes and the tremendous public and private costs arising from the endless trials of the same issues in repeated court actions covering the same facts in great detail are illustrated by a recent analysis of only one aspect of the cost of such litigation to the parties in the Agent Orange mass tort litigation:By way of illustration, in the Agent Orange litigation, solely with respect to the government contract defense, the defendants took more than 200 depositions of former or current government employees. Assume that the depositions were performed by outside counsel and that each deposition took two days. Assume that the defendants' counsel each spent one day preparing for each deposition and another day summarizing and reviewing. Assume that the law firms used teams of two attorneys with an hourly billing rate for each attorney of $150. The calculation begins with: 200 depositions X 4 days X 8 hours = 6400 hours. The next step is 6400 hours X 14 attorneys (2 for each defendant) X $150 per hour = a total cost for attorneys of $XX-XXX-XXX for deposition costs for this aspect of the suit, leaving out transcript fees, travel costs, and other expenses. This cost would be multiplied several times over in the taking of depositions of the plaintiffs, the defendants, their physicians, and expert witnesses.22

Judge Rubin of the Fifth Circuit, in an article titled Mass Torts and Litigation Disasters, 20 Ga.L.Rev. 429, 430 (1986) has said:

These mass tort claims have a number of similarities: they result in the filing of many suits; they produce high litigation costs; they are generally resolved only after great delay; they affect not only the litigants but other users of the court system; and their total human and economic costs affect all of society.

Judge Rubin then reviewed one example of such mass torts, i.e., the asbestos litigation and made this comment based on a Rand Corporation report:

Asbestos litigation [for instance] has resulted in far more expense than in recovery of damages for injured persons. A Rand Corporation study estimated that injured persons receive less than thirty-seven percent of the total amount spent on litigation. Almost two-thirds of the total expenditures are for attorneys' fees and other litigation expenses.

When account is also taken of the toll of such cases on the court system itself, it is evident that the proper functioning of the courts and the fair and efficient administration of justice for other litigants whose right to a judicial determination are inevitably delayed inordinately by the clogging of the court system by mass tort actions tried individually and the societal costs of the endless repetition of these suits in separate trials at substantial costs to the judicial system mean that a mechanism for deciding expeditiously, efficiently and relatively inexpensively these actions without the delays of individual suits is demanded. This demand has been well pointed up by one of the recent groups of mass tort suits. In In re Bendectin Products Liability Litigation, 102 F.R.D. 239, 240 (S.D.Ohio 1984),23 Judge Rubin, commenting on the waste of judicial time involved in individual disposition of one mass tort products case in this court estimated that "[f]or the identified ... cases, a full trial on each would probably require at least 30 trial days. Two Bendectin cases have already been tried. One required two trials of 44 and 45 days each. The other required 20 trial days. Assuming 200 trial days available per year per Judge, disposition of the present Bendectin cases at the trial level alone might require 21,000 trial days or the equivalent of 105 Judge years, i.e., one Judge for 105 years or 105 Judges for one year." Ibid., at 240 n. 3.

There is no clearer statement of the critical situation in the operation of the judicial system created by the mass tort litigation explosion than the language in a recent article co-authored by the lead counsel for the appellants in this very case:

The public is crying out for better solutions to mass tort litigation than separate, redundant trials in thousands of related cases. Why should hundreds, or even thousands, of trials take place in which the same issue of a defendant's liability is litigated over and over again? Why should some plaintiffs recover compensatory and punitive damages, while other plaintiffs in other trials recover much less, or nothing at all, even though the issues of liability and causation are the same? Why should a defendant be put to the expense of parading the same witnesses on the stand in hundreds of different trials to demonstrate over and over again the same evidence that its product was correctly designed and engineered? Is it fair that defendants are exposed to multiple punitive damage claims?

Panzer & Patton, Utilizing the Class Action Device in Mass Tort Litigation, 21 Tort & Insurance Law Journal, 560, 561 (1986).

The class action, as this article suggests, is the manifest fair and expeditious procedure for disposing of the mass tort litigants. It has been for years the recognized procedure for dealing with cases which have a marked similarity to those flowing from mass torts. The class action was judicially developed first in the equity courts and later accepted and applied by the law courts. Drawing on English and state procedural decisions, the Supreme Court over a century ago stated in Smith v. Swormstedt, 57 U.S. (16 How.) 288, 303, 14 L.Ed. 942 (1853) and restated later in Hartford Life Ins. Co. v. IBS, 237 U.S. 662, 672, 35 S.Ct. 692, 59 L.Ed. 1165 (1915) and Hansberry v. Lee, 311 U.S. 32, 41-42, 61 S.Ct. 115, 118, 85 L.Ed. 22 (1940) the circumstances justifying the use of such procedure in federal court proceedings. In Hansberry, that court declared that the class action device was an "invention [or innovation] of equity [designed] to enable ... [the court] to proceed to a decree in suits [or judgment] where the number of those interested in the subject of the litigation is so great that their joinder as parties in conformity to the usual rules of procedure is impracticable." To the same effect, see General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 155, 102 S.Ct. 2364, 2369, 72 L.Ed.2d 740 (1982). In Falcon, the Supreme Court said:

The class action device was designed as "an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only." Califano v. Yamasaki, 442 U.S. 682, 700-701 [99 S.Ct. 2545, 2557, 61 L.Ed.2d 176]. Class relief is "peculiarly appropriate" when the "issues involved are common to the class as a whole" and when they "turn on questions of law applicable in the same manner to each member of the class." Id., at 701 [99 S.Ct. at 2557].

The procedure to be followed by a federal court in such a case is now embodied in Rule 23 of the Federal Rules of Civil Procedure as adopted in 1938. The formulation of the practice in this Rule was intended to embody the standards and purposes substantially already established in the federal decisions beginning with Smith.24 Rule 23 was revised in 1966 in its present form but without change in its purpose. It would seem reasonable to assume that the Rule was intended to be applied with the same flexibility and in the same spirit of "invention" as earlier prompted the adoption of the procedure. We accordingly turn to a review of the Rule itself as well as of the decisions which have applied it in cases such as mass tort suits or similar suits.

Under the Rule, certification of a class action, whether a mass tort action or not, requires that the action meet the requirements of a two-step test. As a first step, an action must satisfy all four of the prerequisites mandated by subsection (a) of the Rule. These requisites are: (1) numerosity of parties; (2) commonality of legal and factual issues; (3) typicality of the claims and defenses of the class representative; and (4) adequacy of representation. Assuming qualifications under (a) have been met, the next step demands that the action fit within at least one of the three categories of actions identified in subsection (b) of the Rule. An action may qualify under (b)(1), the first of such categories, "if individual adjudication of the controversy would prejudice either the party opposing the class, (b)(1)(A), or the class members themselves, (b)(1)(B)." Zimmerman v. Bell, 800 F.2d 386, 389 (4th Cir.1986); Intern. Woodworkers v. Chesapeake Bay Plywood, 659 F.2d 1259, 1269 (4th Cir.1981). Subsection (b)(2) covers suits for injunctive or declaratory relief. The final category, (b)(3), applies where there are common issues of law or fact and the class action device has superiority over any other available procedure for disposing fairly and efficiently of the controversy.

Though not specified in the Rule, establishment of a class action implicitly requires both that there be an identifiable class and that the plaintiff or plaintiffs be a member of such class. 7A C. Wright, A. Miller & M. Kane, Federal Practice and Procedure: Civil 2d Sec. 1760, pp. 115 et seq. (2d ed. 1986); Roman v. ESB, Inc., 550 F.2d 1343, 1348 (4th Cir.1976). Moreover, often an action may qualify under both (b)(1) and (b)(3). In such a situation, certification is to be made under (b)(1). 7A C. Wright, A. Miller & M. Kane, Federal Practice and Procedure: Civil 2d Sec. 1772, 425 (2d ed. 1986); 3B Moore's Federal Practice, Sec. 23.31, p. 236 (1987 ed.); Robertson v. National Basketball Ass'n., 556 F.2d 682, 685 (2d Cir.1977); Green v. Occidental Petroleum Corp., 541 F.2d 1335, 1340 (9th Cir.1976); Meyer v. Citizens & Southern Nat'l Bank, 106 F.R.D. 356, 363 (D.Ga.1985). The rationale for such decision is stated by Moore thus:

If an action can be maintained under (b)(1) and/or (b)(2), and also under (b)(3), the court should order that the suit be maintained as a class action under (b)(1) and/or (b)(2), rather than under (b)(3), so that the judgment will have res judicata effect as to all the class (since no member has the right to opt out in a (b)(1) or (b)(2) suit), thereby furthering policy underlying (b)(1) and (b)(2) class suits.25

Too, if the action includes multiple claims, one or more of which might qualify as a certifiable class claim, the court may separate such claims from other claims in the action and certify them under the provisions of subsection (c)(4). See 1 Newberg on Class Actions, Sec. 4.20, pp. 310-1 (2d ed. 1985). This subsection provides that "an action may be maintained as a class action as to particular issues only.... Two or more issues, for instance, may be represented in a single action." Among such separate issues, for instance, may be a "limited fund" in which all members of the class have a common interest: such a class is recognized in the Comments of the Advisory Committee as qualifying under subdivision (b)(1)(B). In re Bendectin Products Liability Litigation, 749 F.2d 300, 306 (6th Cir.1984) ("The District Court was therefore not clearly erroneous as a matter of law to hold that a limited fund is a justification for a class action under a Rule 23(b)(1)(B)"); Coburn v. 4-R Corp., 77 F.R.D. 43, 45 (E.D.Ky.1977); Hernandez v. Motor Vessel Skyward, 61 F.R.D. 558, 561, n. 8 (S.D.Fla.1973, aff'd without opinion, 507 F.2d 1278 (1975). However, to repeat: each subclass must independently meet all the requirements of (a) and at least one of the categories specified in (b). Roby v. St. Louis Southwestern Ry. Co., 775 F.2d 959, 961 (8th Cir.1985). Moreover, when an action is certified under (b)(1), whether (A) or (B) or under (b)(2), all party members become mandatory class members without any opt-out rights, Kyriazi v. Western Elec. Co., 647 F.2d 388, 393 (3d Cir.1981); if certified under (b)(3), however, any class member may opt out. The burden of establishing that a case meets the requirements for class certification under the Rule rests on the party seeking certification. Davis v. Romney, 490 F.2d 1360, 1366 (3d Cir.1974). The assessment required for a certification, though, is the responsibility of the District Court, which is to make its decision after "a rigorous analysis" of the particular facts of the case. The "District Court has wide discretion in deciding whether or not to certify a proposed class," and its decision may be reversed "only for abuse of discretion." Jenkins v. Raymark Industries, Inc., 782 F.2d 468, 471-72 (5th Cir.1986).

After the Rule was approved, the early view was that Rule 23 should be given "a liberal rather than a restrictive interpretation." See Eisen v. Carlisle & Jacquelin, 391 F.2d 555, 563 (2d Cir.1968), rev'd on other grounds, 417 U.S. 156, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974); Moss v. Lane Co., 50 F.R.D. 122, 125 (W.D.Va.1970), aff'd in pertinent part, 471 F.2d 853 (1973). The decisions on the proper standard of construction under this view were that "if there is to be an error made, let it be in favor and not against the maintenance of the class action," Esplin v. Hirschi, 402 F.2d 94, 99 (10th Cir.1968), cert. denied, 394 U.S. 928, 89 S.Ct. 1194, 22 L.Ed.2d 459, (1969); Wright v. Stone Container Corp., 524 F.2d 1058, 1061-62 (8th Cir.1975). But despite the clear mandate in the first Section of the Rules that such Rules "[should] be construed to secure the just, speedy, and inexpensive determination of every action," some courts decided to depart from this liberal construction of Rule 23 and to adopt a standard of construction of the basis of the standard of "strict scrutiny." Roby v. St. Louis Southwestern Ry. Co., supra, 775 F.2d at 961. The reason for this departure from the liberal and flexible construction of Rule 23 and for the adoption of the "strict scrutiny" standard was stated in La Mar v. H & B Novelty & Loan Company, 489 F.2d 461, 468 (9th Cir.1973). In that case, the Court based its strict construction of the Rule on its "belief that restrictions on the flexible language of Rule 23 [was] a necessary contribution to the effort to avoid the intractable problems of massive class actions and to maintain a wholesome degree of difference between the judicial and administrative functions " (Italics added).26 It declared that such construction was one "of prudence and caution" in line with what it declared was the "tone of the Advisory Committee's Note" (referring to the Advisory Committee's Note on Rule 23(b)(3)). 489 F.2d 465, 466.27

The "belief" that the class action procedure should be sharply reined in prompted the court which decided La Mar later to create two rules intended to accomplish this purpose of constraining the use of the class action device. It is important to remember that neither limitation, designed purposefully to hobble the use of the class action device, was said to be justified in the language of the Advisory Committee's Note; these limitations were judicially imposed to justify a constrained use of the Rule mistakenly adopted in the belief that the manageability of mass tort litigation was beyond the resources of the courts. The first of the limitations found expression in Green v. Occidental Petroleum Corp., 541 F.2d 1335, 1340 (9th Cir.1976), where it was held that suits for damages were not appropriate for class action certification.28 It cited in support of this principle La Mar, supra, which in turn had relied in large part on this statement in the Advisory Committee's Note on (b)(3):

A "mass accident" resulting in injuries to numerous persons is ordinarily not appropriate for a class action because of the likelihood that significant questions, not only of damages but of liability and defenses of liability, would be present, affecting the individuals in different ways. In these circumstances an action conducted nominally as a class action would degenerate in practice into multiple lawsuits separately tried.

For its second limitation, it held in McDonnell Douglas Corp. v. U.S. District Ct., C.D. of California, 523 F.2d 1083 (9th Cir.1975), that the fact that one judgment in favor of one plaintiff in a mass tort situation and a judgment against the plaintiff in another suit in the mass tort situation would not be the type of inconsistency referred to in Rule 23(b)(1)(A).29

It is evident that these cases which have sought to circumscribe drastically the courts in the use of the class action device find their rationale in the Advisory Committee Note on (b)(3) of Rule 23 for their result. That Note was written in connection with the 1966 version of the Rule. Since that time, it has become recognized that the reluctance to use class actions in mass tort cases, as stated in cases such as La Mar and its progeny, represents an unnecessary limitation on the efficient case management in federal courts of mass torts. As a consequence of this changed attitude, commentators have expressed their dissatisfaction with the constraints which the Advisory Committee's Note and the decisions of the Ninth Circuit would place on the use of Rule 23 in the mass tort context. Thus, Newberg on Class Actions states:

Mass torts in modern-day jurisprudence are taking a fresh look at the value of Rule 23 class actions. The economies of time, effort, and expense of the class device cut across categorical tort lines and ought not to be obscured by the narrow application of circumstanes or by undue emphasis on traditional interests in one-to-one litigation.

I was an ex officio member of the Advisory Committee on Civil Rules when Rule 23 was amended, which came out with an Advisory Committee Note saying that mass torts are inappropriate for class certification. I thought then that was true. I am profoundly convinced now that that is untrue. Unless we can use the class action and devices built on the class action, our judicial system is simply not going to be able to cope with the challenge of the mass repetitive wrong that we see in this case and so many others that have been mentioned this morning and afternoon.

[Quoting from Statement by] Prof. Charles Alan Wright In Re: School Asbestos Litigation Master File 83-0268 (ED Pa) Class Action Argument, July 30, 1984, Tr. 106.30

Mr. Newberg in an article published in Trial, February Issue 1986, at page 53, under the title Mass Tort Class Actions, expressed in somewhat extended form the same view:31

Mass tort class actions are rapidly emerging as a way to handle claims resulting from negligent acts or defective or toxic products affecting groups of similar parties. The historical barriers to class actions in the negligence field are fast giving way. Why? The problems of trying to resolve personal injury claims of often tragic proportions on anything but an individual basis still exist, do they not? Yes, but....

Two benchmarks herald the arrival of mass tort class actions. First, the emerging judicial acceptance of class suits involving mass torts is undoubtedly the result of cumulative effects of mass production, with its attendant imperfections, in the context of a growing population and a court system with finite growth dimensions. The other arises from a single event--the Johns-Manville bankruptcy proceedings.

Society relies on the tort system, as enforced by private damage actions, to prevent or deter mass accidents and torts, and to compensate their victims. As mass production increases, there will inevitably be an increase in personal and economic injuries arising from mass accidents and from the mass distribution of defective or toxic products. Lawsuits seeking redress for these injuries will also inevitably multiply.

Many courts are now abandoning their historical reluctance to certify mass tort class actions in light of what is often an overwhelming need to create an orderly, efficient means for adjudicating hundreds or thousands of related claims. It is not surprising that the Manual for Complex Litigation, Second, has a section dealing with class actions in mass disasters and other complex tort cases. More and more tribunals now recognize that a central judicial tool for coordinating many related tort claims is the class action.

In the Tentative Draft No. 1 issued by The American Law Institute Complex Litigation Project and prepared for consideration at the 1989 Annual ALI Meeting, the Committee on the Federal Intrasystem Consolidation, of which Professor Arthur Miller was the Reporter, declared (Pages 36-37):

Rule 23 provides for the adjudication of the claims or defenses of an entire class of similarly situated parties in a single action. The Federal Rule is intended to eliminate or reduce the threat of repetitive litigation, to prevent inconsistent resolution of similar cases, and to provide an effective means of redress for individuals whose claims are too small to make it economically viable to pursue them in independent actions. Despite Rule 23's ambitious goals, multiparty, multiforum cases often are not certified for class treatment because its requirements have been read quite restrictively by some federal courts. Large scale tort actions involving personal injuries rarely are certified. In the past, this may be due primarily to the federal courts' reliance on the statement in the 1966 Advisory Committee Note that

[a] "mass accident" resulting in injuries to numerous persons is ordinarily not appropriate for a class action because of the likelihood that significant questions, not only of damages but also of liability and defenses to liability, would be present, affecting the individuals in different ways. In these circumstances, an action conducted nominally as a class action would degenerate in practice into multiple lawsuits separately tried.

Fed.R.Civ.P. 23(b)(3), Advisory Committee Note (1966). Although this reasoning may be criticized as shortsighted, it nonetheless has been influential. In addition, concerns about how to handle individual issues and large numbers of claimants have served to restrict class certification in nationwide products liability cases, as well as in consumer, securities, and antitrust actions. Recent years, however, have seen some weakening in the resistance to the certification of mass tort class actions. E.g., Jenkins v. Raymark Indus., Inc., 782 F.2d 468, rehearing en banc denied, 785 F.2d 1034 (5th Cir.1986); In re School Asbestos Litigation, 104 F.R.D. 422 (E.D.Pa.1984), vacated in part, aff'd in part, 789 F.2d 996 (3d Cir.1986), cert. denied, 479 U.S. 852, 107 S.Ct. 182, 93 L.Ed.2d 117 (1986). Nonetheless, the full procedural advantages of class actions have not been realized.

Among the cases which the courts were said to have "read the requirements of Rule 23 narrowly," the Draft identified In re Northern District of California Dalkon Shield IUD Prods. Liability Litigation, 693 F.2d 847, (9th Cir.1982), cert. denied, 459 U.S. 1171, 103 S.Ct. 817, 74 L.Ed.2d 1015 (1983); La Mar v. H & B Novelty & Loan Co., 489 F.2d 461 (9th Cir.1973); In re Federal Skywalk Cases, 680 F.2d 1175 (8th Cir.), cert. denied, 459 U.S. 988, 103 S.Ct. 342, 74 L.Ed.2d 383 (1982). Page 40 of the Draft. Later, the Draft observes (page 43):

Several commentators have decried the courts' narrow approach to the Rule, arguing it should be interpreted more broadly to achieve unitary adjudication.

It cites in support Professor Miller's article, An Overview of Federal Class Actions: Past, Present and Future 45 (Fed.Jud.Center 1977); 96 Harv.L.Rev. 1143 (1983) and 47 Alb.L.Rev. 1180, 1199 (1983), already discussed.

It will be observed that the principal reason assigned by the Advisory Committee for its cautionary comment on mass torts in the 1966 Notes was that individualized proof of damages in such a case was not practical in a class action format. The authors in 7B C. Wright, A. Miller & M. Kane, Federal Practice and Procedure, Sec. 1784, at 78-82 (2d ed. 1986), found this reasoning not persuasive, saying:

Rule 23 provides more than enough flexibility and room for judicial innovation so that the question of damages can be determined through individual trials on that issue pursuant to "equitable procedures" devised by the court.

....

One possibility is to try the damage issue only once, making a single award for the class, and then develop an expeditious administrative means of dividing the lump sum among the class members. This approach has been employed in judicially approved settlements under Rule 23(e) and the courts could look for guidance to some of the procedures that have been developed in that context.

....

Utilizing procedures to distribute a lump sum recovery is judicially economical since it eliminates the need for separate trials on damage issues. In a case involving an extremely large plaintiff class whose members only have small individual claims, the savings in time and expense for all will be considerable. Occasionally this will be achieved at the expense of some traditional procedural safeguards, most notably jury trial. Nonetheless, simplifying the process of establishing individual claims may be the only way of making it economically feasible for class members to come forward and assert their rights and some of the procedural patterns that are considered fundamental when the litigation involves the single plaintiff and a single defendant will have to be abandoned. (Footnotes omitted).

Moreover, Professor Arthur Miller in a perceptive article published in 1979, Of Frankenstein Monsters and Shining Knights: Myth, Reality, and the "Class Action Problem", 92 Harv.L.Rev. 664, warned against the tendency in some of the decisions to disregard the effect of the changing pattern of litigation on the application of the Rule and suggested an innovative application of the Rule dealing with this changing pattern of litigation as represented by the mass torts. He wrote:

It is important in understanding the class action debate to realize that the "big case" phenomenon transcends the class action. The "big case" is an inevitable byproduct of the mass character of contemporary American society and the complexity of today's substantive regulations. It is a problem that would confront us whether or not rule 23 existed. Indeed, it is becoming increasingly obvious that the traditional notion of civil litigation as merely bilateral private dispute resolution is outmoded. Since our conception of the roles of judges and advocates is based on this traditional view, the ferocious attack on the class action may reflect anxiety over the growing challenge to the model's immutability.

....

Even in its current elaborated form, rule 23 really must be thought of as a procedural skeleton requiring fleshing out by judges and lawyers experimenting with it in an ever-increasing range of circumstances and in a variety of innovative ways....

The procedural complexities that can emerge under rule 23 are extraordinarily variegated in character. Class actions tend therefore to be processed in a highly individualistic fashion, making the extrapolation of general propositions from judicial opinions difficult and overall evaluation risky; procedural techniques employed in one case may be ill suited in another context. Every rule 23 decision, therefore, must be viewed through the prism of its particular facts, some of which may not even appear in the court's opinion. 92 Harv.L.Rev. at 668, 677 (footnote omitted).

Another commentator has chided appellate courts32 for failing to recognize the seriousness of the mass tort problem and for failing to abandon their narrow approach to the use of the class action device in the handling of mass tort litigation. Mullenix, Class Resolution of the Mass-Tort Case: A Proposed Federal Procedure Act, 64 Tex.L.Rev. 1039 (1986). She said:

Confronted with the realities of this growing, nationwide mass-tort litigation crisis, an increasing number of judges and commentators have urged a more flexible application of Rule 23 in the mass-tort context in order to better serve the interests of justice. Yet these judicial and scholarly pleas continue to fall on deaf appellate ears as the circuit courts persist in construing narrowly the Rule 23 class action procedure.33 64 Tex.L.Rev. at 1043 (footnotes omitted).

It is obvious that there is a movement towards a more liberal use of Rule 23 in the mass tort context. This new attitude has found expression in a number of recent cases which recognize that the mass tort phenomenon has created a pressing "[n]ecessity ... to change and invent," Jenkins v. Raymark Indus. Inc., 782 F.2d 468, 473 (5th Cir.1986), with the result that, as one court has correctly concluded, "the trend has been for courts to be more receptive to use of the class action in mass tort litigation," In re School Asbestos Litigation, 789 F.2d 996, 1009 (3d Cir.), cert. denied, 479 U.S. 852, 107 S.Ct. 182, 93 L.Ed.2d 117, 479 U.S. 915, 107 S.Ct. 318, 93 L.Ed.2d 291 (1986). This approach, with its skepticism on the current validity of the reasons suggested in the earlier 1966 Advisory Committee Notes on which the Ninth Circuit had rested its limited restrictions as stated in La Mar, Green and McDonnell Douglas, was explained in Jenkins:

Courts have usually avoided class actions in the mass accident or tort setting. Because of differences between individual plaintiffs on issues of liability and defenses of liability, as well as damages, it has been feared that separate trials would overshadow the common disposition for the class (citing Advisory Notes). The courts are now being forced to rethink the alternatives and priorities by the current volume of litigation and more frequent mass disasters (citing authority). If Congress leaves us to our own devices, we may be forced to abandon repetitive hearings and arguments for each claimant's attorney to the extent enjoyed by the profession in the past. Be that as time will tell, the decision at hand is driven in one direction by all the circumstances. Judge Parker's plan is clearly superior to the alternative of repeating, hundreds of times over, the litigation of the state of the art issues with, as that experienced judge says, "days of the same witnesses, exhibits and issues from trial to trial." 782 F.2d at 473.

The decision in Jenkins involved a mass asbestos case. In all asbestos cases, a primary defense had evolved about the "state of the art" at the time of the happening of the alleged tort. Evidence on that issue, the District Court found, "would vary little as to individual plaintiffs while consuming a major part of the time required for their trials."34 782 F.2d at 471. The District Court concluded that "[c]onsiderable savings, both for the litigants and for the court, could thus be gained by resolving [this 'state of the art' defense] and other defense-related questions, including product identification, product defectiveness, gross negligence and punitive damages, in one class trial " Ibid. (Italics added). It accordingly "certified the class as to the common questions, ordering them resolved for the class by a class action jury. The class jury would also decide all the individual issues in the class representatives' underlying suits; individual issues of the unnamed members would be resolved later in 'mini-trials' of seven to ten plaintiffs." Ibid. The District Court said further that "[a]lthough the class action jury would evaluate the culpability of defendants' conduct for a possible punitive damage award, any such damages would be awarded only after class members had won or settled their individual cases." Ibid. Such were the circumstances under which the class certification was granted by the District Court in that case. The defendants on appeal challenged the certification under (b)(3). The Court of Appeals, after observing that "[t]he purpose of class actions is to conserve 'the resources of both the courts and the parties by permitting an issue potentially affecting every [class member] to be litigated in an economical fashion" Ibid. at 471, (quoting from General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 155, 102 S.Ct. 2364, 2369, 72 L.Ed.2d 740 (1982), and recognizing the innovativeness of the District Court's procedure, affirmed that Court's action, saying that "in light of the magnitude of the problem and the need for innovative approaches, we find no abuse of discretion in this court's decision to try these cases by means of a Rule 23(b)(3) class suit." 782 F.2d at 475.

The School Asbestos case was a consolidated suit instituted by various school districts in several states to recover the costs of testing and removing asbestos material from their buildings. It is another decision in which the court engaged in "rethinking" the use of class actions in mass tort suits. In that case, the District Court certified a nationwide mandatory class for punitive damages and an opt-out class (i.e. (b)(3)) for compensatory damages. On appeal, the certification of a mandatory class for punitive damages on the record then before the Court was vacated with the statement that "we hold open the possibility of a 23(b)(1)(B) punitive damage class in more appropriate circumstances," 789 F.2d at 1008, but the certification for compensatory damages under (b)(3) was affirmed. In approving the (b)(3) certification, the Court recognized, as we have observed, that "the trend has been for courts to be more receptive to use of the class action in mass tort litigation." 789 F.2d at 1009. After taking note of the Advisory Committee Note on the mass tort case, the Court then dismissed the modern applicability of such comment thus:

Although that statement continues to be repeated in case law, (i.e., Advisory Note to (b)(3) of Rule 23) there is growing acceptance of the notion that some mass accident situations may be good candidates for class action treatment. An airplane crash, for instance, would present the same liability questions for each passenger, although the damages would depend on individual circumstances. Determination of the liability issues in one suit may represent a substantial savings in time and resources. Even if the action thereafter "degenerates" into a series of individual damage suits, the result nevertheless works an improvement over the situation in which the same separate suits require adjudication on liability using the same evidence over and over again. See Hernandez v. Motor Vessel Skyward, 61 F.R.D. 558 (S.D.Fla.1973).

Reassessment of the utility of the class action in the mass tort area has come about, no doubt, because courts have realized that such an action need not resolve all issues in the litigation. See Fed.R.Civ.P. 23(c)(4)(A). If economies can be achieved by use of the class device, then its application must be given serious and sympathetic consideration. 789 F.2d at 1008-09.

After expressing agreement with the reasoning in Jenkins, the court in School Asbestos further commented:

Manageability is a practical problem, one with which a District Court generally has a greater degree of expertise and familiarity than does an appellate court (omitting citation). Hence, a District Court must necessarily enjoy wide discretion, and we are not inclined to reverse a certification before the District Judge has had an opportunity to put the matter to a test. 789 F.2d at 1011.

Finally, in upholding the (b)(3) certification, the Court concluded its opinion with this statement:

We acknowledge that our reluctance to vacate the (b)(3) certification is influenced by the highly unusual nature of asbestos litigation. The District Court has demonstrated a willingness to attempt to cope with an unprecedented situation in a somewhat novel fashion, and we do not wish to foreclose an approach that might offer some possibility of improvement over the methods employed to date. Ibid.

A highly publicized example of this new thinking is also provided by In re "Agent Orange" Product Liability Litigation, 100 F.R.D. 718 (E.D.N.Y.1983). That was an action by a class of former military servicemen or their families seeking recovery of both compensatory and punitive damages for injuries suffered by them while serving in Vietnam as a result of the use by the military forces of a certain herbicide. A primary defense asserted by the manufacturers of the herbicide was the government contract defense. After notice and hearing, the District Court certified all issues, other than punitive damages for trial and disposition, under (b)(3); it certified the punitive damage issue under (b)(1)(B). After certification, the parties submitted a proposed settlement of the action. In granting such certification, the court noted the common issues involved in the government contract defense asserted by the defendants and in the claim of causation, the immense size of the plaintiff class, and the likelihood that certification might "encourage settlement of the litigation." 100 F.R.D. at 720-21. It found that in the previous cases where certification had been denied in this type of case, the courts had relied for their action on the Comment of the Advisory Committee already quoted, and it seems to have dismissed the Comment as applicable to the "mass accident" type of mass torts but not to "a mass products liability based upon a series of discrete events." 100 F.R.D. at 722. In response to the defendants' request that certification be confined to the issue of the government contract defense, the court found such proposal was "not a workable one," that it was impossible to try that issue without litigating the issue of causation, and that the common question in the case predominated over any issues affecting individual members. 100 F.R.D. at 723. In resolving the certification issue, it emphasized the importance of certification as related to settlement of the action:

... the court may not ignore the real world of dispute resolution. As already noted, a classwide finding of causation may serve to resolve the claims of individual members, in a way that determinations in individual cases would not, by enhancing the possibility of settlement among the parties and with the federal government.35

It accordingly certified the case on all issues other than punitive damages under (b)(3)36 and on punitive damages under (b)(1)(B).

On appeal, the Court of Appeals affirmed. In re Diamond Shamrock Chemicals Co., 725 F.2d 858 (2d Cir.), cert. denied, 465 U.S. 1067, 104 S.Ct. 1417, 79 L.Ed.2d 743 (1984). On the (b)(3) certification, the court found that

it seems likely that some common issues, which stem from the unique fact that the alleged damage was caused by a product sold by private manufacturers under contract to the government for use in a war, can be disposed of in a single trial. The resolution of some of these issues in defendants' favor may end the litigation entirely. Moreover, since these issues may involve extensive documentary and testimonial evidence, Chief Judge Weinstein found that obviating a retrial in countless individual cases will lead to substantial economies in the use of judicial and private resources. 725 F.2d at 860-61.

It explicated this conclusion with the comment that "there [were] substantial grounds at this stage to support [the District Court's] conclusion that the common issues predominate and that a class action is the most efficient means of adjudicating them." Ibid. at 861. It found in particular that "[t]he unique common issues take the case out of the general rule that '[a] "mass accident" resulting in injuries to numerous persons is ordinarily not appropriate for a class action because of the likelihood that significant questions, not only of damages but of liability and defenses of liability, would be present, affecting the individuals in different ways.' " Ibid., quoting the Advisory Committee Note. Later, on appeal from final judgment, the grant of certification under (b)(3) was reaffirmed, though with some expressions of skepticism of the difficulties of managing expeditiously mass tort suits, finding that "class certification was justified under Rule 23(b)(3) due to the centrality of the military contractor defense. First, this defense is common to all of the plaintiffs' cases, and thus satisfies the commonality requirement of Rule 23(a)(2)." In re "Agent Orange" Products Liability Litigation, 818 F.2d 145, 166-67 (2d Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 695, 98 L.Ed.2d 648 (1988). Because of this ruling, it found no need to consider at the time the question of the punitive damage claim.

One of the most instructive cases in this connection was cited by the appellants in support of their objection to class certification, Federal Skywalk Cases. The action in that case concerned claims arising out of the Skywalk disaster in the Hyatt Regency Hotel in Kansas City, Missouri on July 17, 1981. There the District Court had certified a Rule 23(b)(1) mandatory class action on the issues of liability for compensatory damages, liability for punitive damages and amount of punitive damages. On appeal, the Court of Appeals found that the mandatory class action was barred by the Anti-Injunction Statute, 28 U.S.C. Sec. 2283, but in so ruling, it recognized the complex issues faced by the District Court and commended the District Court's "creative efforts," but concluded that the certification could not "stand on the facts before it." Federal Skywalk Cases, 680 F.2d 1175 (8th Cir.1982), cert. denied, 459 U.S. 988, 103 S.Ct. 342, 74 L.Ed.2d 383 (1982). However, by limiting its opinion to the facts before it, the Court of Appeals left open the possibility that some future mandatory certification in the action might be better received. The subsequent developments in the Skywalk case appear in 97 F.R.D. 380 (W.D.Mo.1983) with a comment on those late developments in an article co-authored by Judge Wright, who had written the earlier District Court opinion, and Joseph Colussi, titled The Successful Use of the Class Action Device in the Management of the Skywalks Mass Tort Litigation, 52 UMKC L.Rev. 141, 141-43 (1984), in which they made this interesting comment on the denouement of the Skywalk litigation:

Several commentators have recently suggested that the appellate court decision in the Skywalk mass tort case vacating certification of a mandatory class action struck the death knell for the use of the class action procedure in the management of mass tort litigation. The manner in which the Skywalks litigation was managed and resolved in the wake of that appellate court decision, however, demonstrated that the opposite is true. What many observers of the Skywalks litigation have failed to recognize is that the litigation was ultimately managed and resolved through the use of the class action procedure. After the mandatory class action was vacated by the appellate court, two nearly identical voluntary class actions were certified and settled in the federal and state trial courts. The certification and settlement of those two voluntary class actions performed the same management function and permitted the claims of all litigants to be resolved in the same equitable and efficient manner that would have resulted if the mandatory class action had not been vacated.

The experience of the Skywalks litigation has made clear that the mandatory class action device is the only procedure presently available to state and federal courts which allows for the equitable and efficient management of mass tort litigation. Though the appellate court ruling in the Skywalks litigation did not prevent the eventual equitable and efficient management of that mass tort case through the use of the class action device, the ruling unwittingly sanctioned forum shopping and inequitably parceled the burden of mass tort litigation management between state and federal trial courts. The appellate court effectively placed the full responsibility of mass tort management on its state court brethren.

It may be definitely said--respecting the language of School Asbestos, supra--that the "trend" of the authorities is clearly in the direction of a more liberal approach to the certification of the mass tort action.

It is to be noted that a number of the decisions we have discussed involved settlements of the proposed class action. This raises the question whether class certification for settlement purposes is permissible under Rule 23. The appellants argue flatly that certification for such purposes is impermissible. However, despite this statement of appellants, certification for such purposes finds strong support in a number of various Law Review comments. Nielson, Was the 1966 Advisory Committee Right?: Suggested Revisions of Rule 23 to Allow More Frequent Use of Class Actions in Mass Tort Litigation, 25 Harv.J. on Legislation 461, 480 (1988), for instance, recognized a "trend" in favor of such certification:

In recent years, several federal judges have explicitly recognized the effect of class certification on the likelihood of prejudgment settlement in mass-tort suits, and have apparently allowed such recognition to influence their decision to certify class actions.

Professor Transgrud, though he took a somewhat skeptical view of mass-tort certifications generally, felt that certification "as a pretrial joinder device to facilitate group settlements [was] both proper and desirable," adding

Its use is proper because Federal Rule of Civil Procedure 23 provides that the court may certify a common question class action when it will prove "superior to other available methods for the fair and efficient adjudication of the controversy." A judicially supervised and approved class action settlement, like a judicially supervised trial, is a means of hearing and determining judicially, in other words, "adjudicating," the value of claims arising from a mass tort. As a result, if conditional certification of the case as a common question class action for settlement purposes would enhance the prospects for a group settlement, then Rule 23 authorizes certification.

Transgrud, Joinder Alternatives in Mass Tort Litigation, 70 Cornell L.Rev. 779, 835 (1985).

Recent court decisions have also spoken approvingly of the class certification of mass-tort actions for purposes of settlement in conformity with these academic comments. These decisions confirm that the promotion of settlement may well be a factor in resolving the issue of certification. Thus, in Agent Orange, Chief Judge Weinstein wrote, (100 F.R.D. at 723):

Finally, the court may not ignore the real world of dispute resolution. As already noted, a classwide finding of causation may serve to resolve the claims of individual members, in a way that determinations in individual cases would not, by enhancing the possibility of settlement among the parties and with the federal government.

Similarly, in In re School Asbestos Litigation, 789 F.2d at 1009, the Court said:

Concentration of individual damage suits in one forum can lead to formidable problems, but the realities of litigation should not be overlooked in theoretical musings. Most tort cases settle, and the preliminary maneuverings in litigation today are designed as much, if not more, for settlement purposes than for trial. Settlements of class actions often result in savings for all concerned.

The only federal court decision which has actually granted class certification for settlement purposes in a mass-tort action is In re Bendectin, 102 F.R.D. 239, 240 (S.D.Ohio 1984). In that case, Judge Rubin, in granting certification for settlement purposes, said:

The Bendectin litigation is but one example of massive product liability lawsuits involving large numbers of plaintiffs, protracted trials and substantial litigation costs. The traditional court system is simply unequipped to handle such [mass tort] litigation in a conventional manner without materially depleting the judicial resources available for all other litigation. It is theoretically possible to assign sufficient judicial time to hear these cases promptly but only at the cost of further delay in an already overburdened system. The cost to the parties of litigating these cases under current procedures is such that few plaintiffs could afford the expense or the delay. Justice is not served by erecting tollgates at the courthouse door.

There is a solution. The resolution of disputes does not necessarily require trial. Within the judicial authority of this Court is a means whereby the parties might be assisted in reaching a prompt and equitable disposition of the entire problem. That solution involves limited use of Rule 23 of the Federal Rules of Civil Procedure. A class certification would enable any proposed settlement to be presented to all class members and by them either accepted or rejected.

On appeal, the certification was invalidated, 749 F.2d 300 (6th Cir.1984). The ground for denial was that the action failed to qualify for certification under (b)(1) because of the limitation in the use of the class action decision stated in McDonnell Douglas, and under the "limited fund" doctrine. The Court, however, was careful to point out that it was not determining that class certification for settlement purposes of the mass tort in that case was impermissible. To emphasize this fact, the Court declared at p. 305, n. 10:

We do note that there is precedent for the proposition that a class can be certified for settlement purposes only. See, e.g., In re Beef Industry Antitrust Litigation, 607 F.2d 167 (5th Cir.1979), cert. denied, 452 U.S. 905, 101 S.Ct. 3029, 69 L.Ed.2d 405 (1981). The Beef Industry case involved the certification of a temporary settlement class prior to certification of a class for trial. In this case, the District Judge certified a class for settlement purposes after having rejected the same class for trial purposes. The District Judge therefore implicitly held that the standards for certifying a class are different depending on whether the class is for settlement or whether it is for trial. Because we decide the case on other grounds, we do not consider whether this holding is correct.37

As Bendectin had recognized, courts in cases involving numerous parties, though not mass-tort cases, had granted class certification for settlement purposes. Judge Wisdom in In re Beef Industry Antitrust Litigation, 607 F.2d 167 (5th Cir.1979), cert. denied, 452 U.S. 905, 101 S.Ct. 3029, 69 L.Ed.2d 405 (1981), carefully considered all angles of the question of class certification to promote settlement and, in his convincing opinion, found certification under proper circumstances to be in order. That decision has been followed in other cases, perhaps the most notable one being Weinberger v. Kendrick, 698 F.2d 61, 72-73 (2d Cir.1982), in which Judge Friendly, speaking for the court, said:

The hallmark of Rule 23 is the flexibility it affords to the courts to utilize the class device in a particular case to best serve the ends of justice for the affected parties and to promote judicial efficiencies. Temporary settlement classes have proved to be quite useful in resolving major class action disputes. While their use may still be controversial, most Courts have recognized their utility and have authorized the parties to seek to compromise their differences, including class action issues through this means.

See also In re Mid-Atlantic Toyota Antitrust Litigation, 564 F.Supp. 1379, 1388-90 (D.Md.1983); In re First Commodity Corp. of Boston, etc., 119 F.R.D. 301, 306-08 (D.Mass.1987).

Though, as we have said, these cases were not mass-tort suits, there seems to be no real reason why the precedent established by the cases, just cited, should not be equally applicable to the mass-tort. If not a ground for certification per se, certainly settlement should be a factor, and an important factor, to be considered when determining certification. That is all the District Court did in this case. Its action in considering this circumstance would appear to have been appropriate.

In summary, we take it as the lessons to be gleaned from the authorities already cited and discussed to be (a) that the "trend" is once again to give Rule 23 a liberal rather than a restrictive construction, adopting a standard of flexibility in application which will in the particular case "best serve the ends of justice for the affected parties and ... promote judicial efficiency"; (b) that the Advisory Committee's Note suggestion that suit for damages is "not appropriate" for class certification has proved unworkable and is now increasingly disregarded; (c) that the theory that the Rule should be constrained by establishing judicially, without support in the Rule itself, limitations on its use such as were stated in La Mar, Green, and McDonnell Douglas have been outdated by the increasing phenomenon of the mass products tort action and by the growing body of recent class action decisions and comments favoring class actions in the mass tort context; (d) that, in order to promote the use of the class device and to reduce the range of disputed issues, courts should take full advantage of the provision in subsection (c)(4) permitting class treatment of separate issues in the case and, if such separate issues predominate sufficiently (i.e., is the central issue), to certify the entire controversy as in Agent Orange; and (e) that it is "proper" in determining certification to consider whether such certification will foster settlement of the case with advantage to the parties and with great saving in judicial time and services; and (f) that the mass tort action for damages may in a proper case be appropriate for class action, either partially on in whole.

We accordingly now turn to an attempt to apply these lessons to the facts of this case.

The overriding fact to be observed in attempting to apply these rules for class certification here is the uniqueness of this case. It is not simply a case by a numerous group or class suing one or more tortfeasors in one action to recover for a single set of wrongful acts. This is a case in which literally hundreds of thousands of claimants are involved as proposed class parties. It is a suit that breaks down into a number of separate and distinct issues, each of which is susceptible of independent proof, analysis and resolution and several of which arise out of the same factual background, pose a like legal issue and provide a basis for a separate certification. The first of these separate issues is one for the rescission or, as it is described in the complaint herein, a "vitiation" of a 1984 agreement between Robins and Aetna on the coverage afforded Robins under Aetna's policy. The differences between Robins and Aetna which this settlement disposed of, grew out of certain extra sums allegedly due "on account of defense costs and related items" over and above the stated face amount of the contract of insurance by Aetna to Robins. The agreement which settled the difference provided that Aetna would increase coverage to the extent of several hundreds of millions of dollars beyond the face limits of the policy. The Breland plaintiffs challenge the correctness of this settlement made by Robins with Aetna. They assert that they, as the representatives of the class of Dalkon Shield claimants, were third-party beneficiaries of the policy between Aetna and Robins and that they should have been involved in the settlement but were not and that their interest and the interest of all members of the class they seek to represent were prejudiced by such settlement. They wish to reopen the settlement and to seek apparently some additional sum in settlement from Aetna, thereby creating a fund in which all Dalkon Shield claimants would have a common interest. This is a classic type of "limited fund" embraced within the authorization of subsection (b)(1)(B) of Rule 23. The District Court properly certified the issue under (b)(1)(B) and (c)(4), and we do not understand the appellants to contest this ruling.38

The second issue represents the point which is critical and in dispute in this appeal. That issue poses the question whether Aetna may be subjected to liability in the Dalkon Shield litigation as a joint tortfeasor. The theory on which the Breland plaintiffs premise this right against Aetna has as its basis the claim that Aetna went beyond its duty as the insurance carrier for Robins and became an "active participant in all stages of the development, testing, promoting, and marketing of the product [Dalkon Shield]...." It alleged that Aetna's conduct in this regard made it a joint tortfeasor equally liable with Robins in all the Dalkon Shield suits. This contention goes to the very heart of the plaintiffs' case here and overhangs the other issues in the litigation. It occupies the same place in this litigation as the military contractor defense did in Agent Orange and as the "state of the art" did in Jenkins. If the Dalkon Shield plaintiffs were to be unable to establish that basic issue in their favor, there would be no Dalkon Shield liability for Aetna and no trial herein would be required on the defectiveness of the Dalkon Shield. Further, there would be no dispute for resolution herein over causation or damages in these cases. It was accordingly very much in the interests of both Aetna and Dalkon Shield claimants as well as in the public interest that this issue common to every Dalkon Shield case be resolved through a class certification rather than through an interminable procession of thousands of individual cases. If that issue could be disposed of in a class certified context, the courts might well be saved the trial anew of thousands of Dalkon Shield claims.

Whether Aetna is liable as a joint tortfeasor in Dalkon Shield litigation will depend on an analysis of a common nucleus of facts that will not vary in the individual cases. The bulk of these facts, it seems apparent from those in the record, will be documentary. Most of those facts on which the determination of joint tortfeasor on Aetna's part is to be made are detailed already in the record on appeal. Assuming no certification, that legal determination will be made in each individual case by the court before whom the individual case may be tried. Absent class certification, the risk of conflicting decisions on that issue could be anticipated in practically every individual case against Aetna that would be tried. That threat of conflicting legal standards and results could well create a chaotic situation in this case. There are over 300,000 claims and possibly the same number of suits (assuming there is no certification). It would be intolerable that whether liability could exist might vary from state to state on the legal standard that each particular court, hearing a Dalkon Shield case against Aetna, would apply to this common nucleus of relevant facts. It would thus be possible that one plaintiff, suing in State A, would be permitted to recover against Aetna as a joint tortfeasor but in sister State B, another plaintiff, equally entitled to relief, would not be permitted to recover. This is the very situation to which the lead attorney for the plaintiffs on this appeal, along with his co-author, referred in his article, already cited, when he said that in the mass tort context the public cry was:

Why should hundreds, or even thousands, of trials take place in which the same issue of a defendant's liability is litigated over and over again? Why should some plaintiffs recover compensatory and punitive damages, while other plaintiffs in other trials receive much less, or nothing at all, even though the issues of liability and causation are the same?39

The writer in 96 Harvard Law Review at 1154, 1155 commented in the same vein:

Two goals of tort law should be predictability and uniformity.... But if various factfinders reach inconsistent conclusions about the same set of facts, the defendant (and others in similar circumstances) is left without any guidance concerning the legality of its conduct, which may serve important legitimate aims.... But defendants and plaintiffs alike have compelling interests in consistent liability determinations, interests that can and should be addressed. Therefore, certifying (b)(1)(A) classes to promote these interests, even in cases in which there is no danger of conflicting equitable decrees, is fully compatible with the language and policy of the rule [Rule 23].

There is another important circumstance. Under Aetna's stipulation, a certification and resolution of the issue of Aetna's liability as a tortfeasor would, if the decision were adverse to Aetna, result in a resolution of all individual issues of causality and damages through a Claims Resolution Facility, obviating an endless procession of separate individual suits with varying results (some possibly in the few cases where the claimant elected for a jury trial rather than arbitration under the procedure to be followed under the Claims Resolution procedure) in suits heard in courts all over the country.

When an issue central to all the claims can be resolved by a class certification for all claims in the Dalkon Shield context without requiring a trial of the underlying Dalkon Shield liability claims and can be done with fairness to all Dalkon Shield claimants against Aetna, as it could be under the plan for the resolution of the non-common issues, it would be unfair alike to the litigants and to the societal interest in maintaining an efficient court system to refuse class certification. The likelihood of conflicting decisions and varying decisions of liability based on the standards of law applied to identical facts by different courts provide the very conditions contemplated in Rule 23(b)(1)(A) for class certification herein.

There is still another circumstance that pleads for certification of the issue of Aetna's liability as a joint tortfeasor. If Aetna is forced to go to trial on every individual Dalkon Shield case on the issue whether it is a joint tortfeasor and assuming that some of the individuals prevail both on that issue and that on the issue of recovery in a few of such cases, Aetna would, under the rule prevailing in a majority of the States be entitled to contribution by Robins. Such claim for contribution could be a contingent, unliquidated claim entitled to treatment in the Robins bankruptcy. To dispose of that claim, the court having jurisdiction over the bankruptcy would be required to delay the bankruptcy proceedings until the right to and the amount of the claim of contribution could be exactly ascertained through an "estimation" as mandated under Section 502(c) of the Bankruptcy Code.

Further, it is possible that even if this issue of Aetna's liability as a tortfeasor were resolved in favor of Aetna's liability, the burden of Dalkon Shield cases on the courts would still have been rendered more manageable by the courts because of a certification. Aetna has stipulated in the record herein that, if this case is certified as a mandatory class action under (b)(1)(A), and "if the liability issue were resolved against Aetna in Breland unfavorable to Aetna," [i]t would "agree not to litigate separately any of the non-common issues of individual medical causation and individual counts of damages. Instead these issues, if reached, would be resolved for class members through the Claims Resolution Facility", which would be coordinated with the Claims Resolution procedure to be provided in the Robins reorganization proceedings. It is interesting that this procedure for disposing of the case is not novel; it follows largely the suggestion made in 7B C. Wright, A. Miller & M. Kane at 80 and 81, already discussed herein, and, as formulated by the courts in Jenkins and Skywalk II. The process begins under the Wright-Miller-Kane model with a trial "only once" of the damage issue, making a single award for the class, and "with the development of an expeditious administrative means of dividing the lump sum among the class members."40 Similarly, in the Robins reorganization, the procedure begins as we have seen, with a judicially determined "estimation," made on the basis of a full hearing and after arguments of counsel, of a sum which would fully compensate every qualifying Dalkon Shield claimant for her injury. To accomplish that result, the Plan of Reorganization creates a Trust which in turn was to establish a claims resolution facility. Each Dalkon Shield claimant would file her claim with the Trust or facility, which, in turn, would following some discussions, make an offer of settlement. If the claimant accepted the settlement offer, that would constitute full and complete settlement of her claim against Robins, Aetna, American Home and all others. Should she not wish to accept, she has the option of deciding her claim by arbitration or by a jury trial at her option. If the claimant opts for a jury trial, the suit shall be against the Trust, the "[v]enue shall be unchanged by the chapter 11 case" and "[a]ll claims and defenses shall be available to both sides at a trial." That was the combined procedure to be followed for resolving all Dalkon Shield claims against both Robins and Aetna, as well as any other parties involved. This procedure accords with what the Supreme Court in General Telephone Co. v. Falcon, 457 U.S. at 155, 102 S.Ct. at 2369, declared to be the purpose of class actions, especially in the mass tort context, to ensure "the resources of both the courts and the parties by permitting an issue potentially affecting every [class member] to be litigated in an economical fashion." [citation omitted] As the Court in Jenkins said, "in the light of the magnitude of the problem and the need for innovative approaches," 782 F.2d at 475, we find no abuse of discretion on the part of the District Judge in his certification herein under these circumstances.

There is a final reason why certification is warranted in this case. As a result of the conditional certification made by the District Judge, the parties in the Breland action were enabled to develop a settlement of this controversy--a settlement which has been approved by approximately 95% of all voting claimants. As Professor Transgrud, in the article already cited and quoted has correctly stated, class certification "is proper because Federal Rules of Civil Procedure 23 provides that the court may certify a common question class action when it will prove 'superior to other available methods for the fair and efficient adjudication of the controversy.' " See also Schuster, Precertification of Class Actions: Will California Follow the Federal Lead, 40 Hastings L.J. 863, 873 (1989).

The appellants, however, would find the certification invalid because it fails to provide an opt-out right in favor of claimants under the procedure established. They assert that Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 105 S.Ct. 2965, 86 L.Ed.2d 628 (1985), proscribes any class certification, which does not provide the class members with the right to opt out. Shutts, however, has been the subject of considerable discussion by commentators. Many of the commentators take the view that Shutts held "that a state court can bind absent class plaintiffs to a judgment for money damages (only) if it provides the absent parties the minimal procedural protections of adequate representation, notice of the action, and an opportunity to opt out of the litigation." A view which would put in jeopardy non opt-out certification. Note, Phillips Petroleum Company v. Shutts: Procedural Due Process and Absent Class Members: Minimum Contacts Is Out--Is Individual Notice In?, 13 Hastings Const. L.Q., 817, 821 (1986); Note, Phillips Petroleum Company, v. Shutts: Multistate Plaintiff Class Actions: A Definite Forum, But Is It Proper?, 19 John Marshall L.Rev. 483, 485 (1986). The most careful and thoughtful comment on the decision, however, is in Miller & Crump, Jurisdiction and Choice of Law in Multistate Class Actions after Phillips Petroleum Co. v. Shutts, 96 Yale L.J. 1 (1986). The authors are not entirely certain of the effect of the decision on the mandatory class certification with its no opt-out provision. The authors said that "[t]here is no neat and logical means of resolving the question whether mandatory actions survive Shutts. The answer depends upon the view one takes of Shutts itself and of the need for mandatory classes. It also depends upon the characteristics of the particular class action." Ibid. at 52 (footnote omitted). Professor Mark Weber, in an article titled Preclusion and Procedural Due Process in Rule 23(b)(2) Class Actions, 21 Univ. of Mich.J. of Law Reform 347 (1988), indicates a situation in which a mandatory class action which did not include an opt-out provision might qualify under Shutts. He wrote:The problem of the Rule 23(b)(2) class action is that binding absent class members without giving them notice and the right to opt out violates due process. The problem is clear under the apparently applicable standards of Phillips Petroleum Co. v. Shutts. Indeed, the only way in which the binding Rule 23(b)(2) class action might be seen not to be a violation of due process is if one follows Mathews v. Eldridge and weighs the harm to the interests of absentees with the cost of the alternative safeguard of notice and the right to opt out. 21 Mich.J. of Law Reform at 394 (footnote omitted).

Fortunately, however, Shutts--if taken as requiring an opt-out provision in any class certification, and assuming without deciding, that opt-out could not be validated here under the Mathews v. Eldridge standard--is satisfied in this case. The requirement of an opt-out provision if proven, is based on principles of due process. Chief Justice Rehnquist made this quite clear in his opinion in Shutts. In this case the Trust created by the parties for the resolution of all Class A claims on individual causation and damages does not in express terms include an opt-out provision but in effect it does. The Plan gives every such class member the right to elect to have her claim settled in a trial with all the procedural rights normally attaching to a jury trial. That is everything that an express opt-out provision could give a class member if such right is required under due process.

Due process, the courts have often declared, "is a flexible concept," intended to ensure "fundamental fairness." Walters v. Nat. Ass'n. of Radiation Survivors, 473 U.S. 305, 320, 105 S.Ct. 3180, 3189, 87 L.Ed.2d 220 (1985). See also Mathews v. Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 902, 47 L.Ed.2d 18 (1976). It is not a matter of semantics, not a matter of whether the talismanic word "opt-out" is used but whether the right given exists in effect. Walters, 473 U.S. at 321, 105 S.Ct. at 3189. Certainly, the procedure provided every class member here fairly meets the standard of "fundamental fairness" which due process demands. It follows that Shutts, if applicable, is fully complied with in this case.41

The appellants also posit that every class certification by a District Court has been reversed by the Court of Appeals and argue that such uniformity among the authorities should induce us to deny certification in this case. They list four decisions in support of this contention. In re Bendectin Products Liability Litigation, 749 F.2d 300 (6th Cir.1984); In re Northern District of California, Dalkon Shield I.U.D. Products Liability Litigation, 693 F.2d 847 (9th Cir.1982), cert. denied, 459 U.S. 1171, 103 S.Ct. 817, 74 L.Ed.2d 1015 (1983); In re Federal Skywalk Cases, 680 F.2d 1175 (8th Cir.), reversing 93 F.R.D. 415 (W.D.Mo.1982), cert. denied, 459 U.S. 988, 103 S.Ct. 342, 74 L.Ed.2d 383 (1982); and In re Temple, 851 F.2d 1269 (11th Cir.1988).42 We do not find that these cases support appellants' broad statement. For instance, Temple expressly disclaimed any intention to hold that "a products liability or mass accident suit could never be the proper subject of a class action." 851 F.2d at 1273 n. 7 (emphasis in original). It then cited Dalkon Shield, 693 F.2d at 853 (noting "that mass torts caused by a single transaction, i.e., a plane crash, might be proper subject of a class action"), and Jenkins v. Raymark Indus. Inc., 782 F.2d 468, 475 (5th Cir.1986) (noting that the single issue of "state of art" defense certifiable in non-mandatory context), 851 F.2d at 1273 n. 7, as mass tort cases in which certification had been had. Actually, class action certification was denied in Temple because of lack of commonality on the part of the proposed class members; a contention not made in this case. 851 F.2d at 1273. In Bendectin, the first case cited by appellants, the Court of Appeals expressly refused to decide whether class certification for settlement purposes was permissible under Rule 23 and decided the case on the ground that the action did not qualify under (b)(1) because of the limitation placed on the use of Rule 23(b)(1)(A) in McDonnell Douglas, already discussed, and because it did not produce sufficient proof of a limited fund. 749 F.2d at 305-06. For reasons already given, we believe McDonnell Douglas is outdated as a proper limitation on the use of (b)(1)(A). We have already discussed Dalkon Shield and pointed out the differences between that decision and this case. Properly construed, Dalkon Shield may be said to have gone off on lack of a proper class representative, according to Agent Orange, supra. Skywalk 's final end as set forth in 97 F.R.D. 380 (W.D.Mo.1983) is not noted by the appellants. The most significant error of the appellants, however, is that, in making the broad statement that no Court of Appeals had sustained a mass tort certification, they completely disregarded School Asbestos, Jenkins, and Agent Orange, as well as the later decision in Skywalk, all of which sustained a mass tort certification.

The appellants also assert that the Breland plaintiffs are not proper and adequate class representatives. This contention is based on the claim that there are claimants who object to class certification and the settlement which the Breland plaintiffs as class representatives submitted to the District Court for approval. Appellants' argument would deny class certification if any number of members of the class, however small, objected. Class certification cannot be defeated simply because a few claimants--actually, their attorneys--feel that they would fare better by pressing as quickly as they could their individual suits than they would if the suit were to be prosecuted for the benefit of all claimants. Certainly, in the mass tort situation, there is a substantial societal interest. The burden placed on the judicial system resulting from every products liability litigation entails great public and private expense, encumbers the court calendars, and prejudices other litigants by unusual delays in their litigation. As we have already said, judges in such cases are required to try case after case where the same documentary evidence is produced, where the same expert witnesses and their tests are exhaustively developed, where there is extended direct and cross-examination, and required, as by rote, to repeat the same instructions to a jury. To permit a small number of claimants who are seeking actually to promote their own interests largely at the expense of the other claimants to frustrate a class certification in such a case is unthinkable.43

And what has been said here is equally applicable to the objection to the action of the class representative in submitting a proposed settlement to the District Court for approval. That proposed settlement was submitted to all the claimants and all claimants were given notice of a hearing on the proposed settlement where any claimant could raise such objection as she might have to the settlement. That procedure was followed by the objecting claimants. At the hearing, there was extensive testimony taken with attorneys for the objecting claimants participating and being heard. After the hearing the settlement was submitted to all the claimants and an overwhelming majority (almost 95%) of the Class A claimants and almost 98% of the Class B claimants voted in favor of the settlement. Should a class certification and a class settlement be dismissed simply because a minimal number of the claimants voting objected? Must the federal courts be forced to try individually thousands of individual cases presenting the same issues of liability and causation year after year, with an intolerable burden on the court system and the judiciary and with great delay in the resolution of the individual claims, when there is a ready remedy for expeditious adjudication and fair recovery available for the full 100% of claimants through a properly constructed class action when the objections are so limited? We think not, and we dismiss this objection to the class certification herein.

The appellants also find error in the certification in this case because the District Court, in finding compliance with (b)(1), failed to indicate whether it was certifying under (1)(A) or (1)(B). This objection is without merit. As Wright, Miller & Kane points out, it is unimportant whether certification is under (A) or (B) "inasmuch as actions under clause (A) and clause (B) are treated in the same manner for purposes of the other portions of Rule 23 and nothing turns on which provision is held controlling." 7A C. Wright, A. Miller & M. Kane, Federal Practice and Procedure Sec. 1772, at 424-25 (2d ed. 1986).

In conclusion, we affirm the class certification herein. It is clear from the record that the determinative, critical issue in this case was whether Aetna was liable as a joint tortfeasor; it overshadows all other issues. Just as the military defense was central to the case in Agent Orange, so the question whether Aetna was a joint tortfeasor here was the critical issue common to all the cases against Aetna, and one which, if not established, would dispose of the entire litigation. See 818 F.2d at 166-67. Such an issue satisfies the commonality requirement of Rule 23(a)(2), as well as the other prerequisites of subsection (a). Moreover, the action qualifies under subsection (b)(1)(A) as well as (3). Manifestly the class action as a method of adjudicating that overshadowing issue is superior to any alternative form of adjudication. Further, the resolution of this issue, if required to be made in the thousands of individual suits in different courts, would involve the risk of varying and contradictory legal decisions on what was precisely the same factual record. The result would be chaotic. This is a situation which would unquestionably qualify under (b)(1)(A). It is of no moment that this action qualifies under (b)(3) or that the District Court in this case may have certified this action under (b)(3) instead of (b)(1). In fact, it is "very common for an action to fall under Rule 23(b)(1) and one of the other categories in Rule 23(b)." 7A C. Wright, A. Miller & M. Kane, supra, at 425.44 Were we not satisfied that there was authority under (b)(1)(A) for certification, we could, it is true, affirm the decision of the District Court as permissible under (b)(3). We realize that it was under (b)(3) that Jenkins and School Asbestos made their class certification, and the District Judge could have followed those decisions. It is, however, of no moment that the District Judge did not grant certification on this ground; it would be appropriate for us to affirm the certification herein as a (b)(3) since the decision of the court below can be affirmed on any ground supported by the record, whether raised below or by the parties in the proceedings before us, if one concluded that this action could not be certified under (b)(1). Thigpen v. Roberts, 468 U.S. 27, 29-30, 104 S.Ct. 2916, 2918, 82 L.Ed.2d 23 (1984); Schweiker v. Hogan, 457 U.S. 569, 585, 102 S.Ct. 2597, 2607, 73 L.Ed.2d 227 (1982); Stern v. Merrill, Lynch, Pierce, Fenner & Smith, 603 F.2d 1073, 1093 (4th Cir.1979); Blackwelder v. Millman, 522 F.2d 766, 771 (4th Cir.1975); Charley's Taxi Radio Dispatch v. SIDA of Hawaii, 810 F.2d 869, 874 (9th Cir.1987); Colorado Flying Academy, Inc. v. United States, 724 F.2d 871, 880 (10th Cir.1984), cert. denied, 476 U.S. 1182, 106 S.Ct. 2915, 91 L.Ed.2d 544 (1986). The basic difference between a mandatory certification under (b)(1)(A) and a certification under (b)(3) is that there is no opt-out requirement on the former but there is in the latter. As we have already pointed out, there is in practice, though not in express language, an opt-out provided by the right of a dissatisfied class claimant to choose a jury trial for resolution of her individual causation and damages claims. Accordingly, while the District Court might have certified this case under (b)(3), it acted in accordance with the general rule applicable in such a situation to certify under (b)(1)(A) (See C. Wright, A. Miller, & M. Kane, supra, Sec. 1772, at 425, and other authorities cited on page 728 herein). For reasons already given, we are of opinion that the District Judge had the right to base his certification on (b)(1). We accordingly affirm the class certification as made herein by the District Court.

We turn now to consider the appeal from the order of the District Court approving the settlement herein.

Under Flinn v. FMC Corporation, 528 F.2d 1169 (4th Cir.1975), cert. denied, 424 U.S. 967, 96 S.Ct. 1462, 47 L.Ed.2d 734 (1976), a case cited by both parties as the guide for our decision on this phase of the appeal, the review of the decision of a District Court approving a proposed settlement of a class action is one for "clear abuse of discretion." 528 F.2d at 1172. Flinn declares that the most important fact to be considered in conducting such a review is "whether the trial court gave proper consideration to the strength of the plaintiffs' claim on the merits." Ibid. The reviewing court should consider in evaluating whether the trial court had given proper consideration to the strength of the plaintiffs case "the extent of discovery that [had] taken place, the stage of the proceedings, the want of collusion in the settlement, and the expense of counsel who [had] represented the plaintiffs in the negotiation" in the record before the trial court. Ibid. at 1173. The trial court should also give proper consideration to the attitude of the class members themselves to the settlement. It is not, however, to be assumed that a settlement is "unfair or unreasonable because a large number of class members oppose it" or that the settlement "may only amount to a fraction of the potential recovery." Ibid. It would have been in order for the trial court to grant to any objector to the settlement the right to be heard, to cross-examine witnesses or to submit evidence, but the trial court may limit the proceedings to "whatever is necessary to aid in reaching an informed, just and reasoned decision," Ibid. and specifically the trial court "should not 'turn the settlement hearing into a trial or a rehearsal of the trial.' " Ultimately, the rule to be applied is that

[s]o long as the record before it is adequate to reach "an intelligent and objective opinion of the probabilities of ultimate success should the claim be litigated," and "form an educated estimate of the complexity, expense and likely duration of such litigation, ... and all other factors relevant to a full and fair assessment of the wisdom of the proposed compromise," Ibid.

If that procedure is followed, a trial court has acted properly in determining whether to approve the proposed settlement or not. We think that the District Judge in this case followed those principles in reaching his decision. Under such circumstances, he did not abuse his discretion in approving the settlement.

It is important to recognize that this case is closely tied in with the bankruptcy of Robins. Both this case and the Robins bankruptcy were before the same District Judge. Under the proposed settlement, the resolution of individual causation and damages for Dalkon Shield claimants seeking recovery from Robins and Aetna is through the same mechanism. The Robins Plan of Reorganization and the Breland settlement are intended to provide full payment of all compensatory damages suffered by all Dalkon Shield claimants who have properly filed claims. The Plan creates a Trust Fund which will be sufficient to achieve this goal. Neither the appellants nor anyone else has asserted that such fund is insufficient.45 When the parties have funded the trust, Robins, Aetna and any successor corporations are relieved of any further liability, and this is proper since Dalkon Shield claimants will be paid by the Trust the full value of their claims. Aetna has made a minimal contribution to that fund. But that is not all that Aetna has done to assure the full payment of all Dalkon Shield claimants: It has provided an extra fund of $325 million to protect the Trust against any deficiency that may occur in the Trust Fund. That undertaking of Aetna is the "icing on the cake" for the Dalkon Shield claimants, who, when the Robins Plan of Reorganization and the Breland settlement are approved, can begin promptly to collect compensatory damages for their injuries. The Plan of Reorganization and the Breland settlement are interdependent. Failure of approval of either the Plan of Reorganization or the Breland settlement would derail hopelessly the carefully negotiated and crafted Plan and Settlement and leave the Dalkon Shield claimants to the vagaries, expenses and delay of further extended litigation. It is understandable that, under these circumstances, about 95% of the claimants who voted on the Settlement voted in favor. Such a strong showing of support for the Plan by those most interested should not be lightly disregarded.

Of course, this expression of the feelings of claimants cannot relieve the trial judge of his obligation to review and make his own informed and reasoned judgment on the fairness of the settlement. The most important consideration, as declared by Flinn, 528 F.2d at 1173, in reviewing a class action settlement, is whether the District Court gave proper consideration to the strength of the Breland claim on the merits. The District Judge, in reaching his decision in this case, had before him a record that had been accumulated over many years. He had the extensive discovery conducted before the Judicial Panel on Multi-District Litigation over a period of years. He had available the records developed as a result of the discovery conducted in the actions pending before Judge Lord in the District of Minnesota, as well as the investigations and reports of the two masters appointed by Judge Lord. Counsel for the Breland plaintiffs had thoroughly examined in Hartford Connecticut, the files of Aetna, and in Richmond Virginia, Robins' files. They had made copies of the relevant items in such files and collated them in various volumes. These examinations by the Breland plaintiffs covered a period of several months and entailed the services of a team of lawyers numbering at times as many as seven or ten.46 All this was brought to the attention of the District Court either by the filing of the requisite documents or papers themselves or by the testimony or representations during argument by Breland counsel. Some forty-two depositions were included in the record. The trial judge received exhaustive briefs and heard at length counsel on the legal aspects of the Breland plaintiffs' claim. He took the testimony of a number of witnesses in open court. The conclusion seems inescapable, in our opinion, that the District Judge conducted a most exacting inquiry into the strength of the Breland plaintiffs' case and stated an informed and reasoned conclusion on that issue.

It is the appellants' position, though, that the record will show that counsel for the class did not adequately investigate this case or conduct appropriate discovery. From the discovery already conducted before this suit was brought and the extensive investigation by counsel after this suit was instituted as already detailed, it appears to us, as it apparently did to the trial judge, the Breland Court had covered thoroughly the facts involved herein.47 The report of the investigations by class representatives' counsel was set forth in a "Memorandum Settlement" submitted by Mr. Friedberg and Mr. Meshbesher as counsel for the Breland plaintiffs. Later Mr. Friedberg and other counsel engaged with him in developing the Breland case and in formulation on behalf of the Breland class the settlement, testified in person and were extensively cross-examined by counsel for the appellants. In addition, depositions of other counsel were submitted in the record. All this supported the statements in the Memorandum submitted in support of the Settlement. Counsel for the Breland plaintiffs aggressively and at great expense appear to have investigated every possible avenue for relevant evidence that might support the Breland suit.

What we have discussed relates to the relevant factual record which counsel for the Breland plaintiffs zealously developed and analyzed and which was before the District Judge. We now look to the legal basis for the Breland suit against Aetna. There was no evidence that Aetna had any connection with the manufacture, labeling or marketing of the Dalkon Shield by Robins as developed either by Judge Lord's masters or by the Breland counsel (or, for that matter, the appellants). Nor is there any evidence that Aetna took any part in the decision not to recall the Dalkon Shield in 1974; that decision was made by Robins, apparently on the advice of its counsel. There was no evidence of the making of false misrepresentation of any kind to Dalkon Shield claimants by Aetna that involved any prejudice to such claimants and there was thus no basis for a fraud action against Aetna. This case is accordingly clearly distinguishable from West v. Western Cas. and Sur. Co., 846 F.2d 387 (7th Cir.1988), in which the agent of the insurance carrier was found to have induced the plaintiff West by false representation to delay filing a suit which could have been prejudicial to the interests of the insurer. Aetna had no dealings with any Dalkon Shield claimants, assumed no duty to such claimants and could not be liable to Dalkon Shield claimants under accepted insurance law. This was the very ground for the decision in Bast and Campbell discussed on pages 715 and 716 herein, and similar cases. The District Court in this case reached the same conclusion.

The only actions as charged against Aetna in this regard related to conduct of counsel paid by Aetna, as it was required to do under its contract with Robins, to represent the latter in certain Dalkon Shield litigation. This contention raises the question whether an insurance carrier in such a case can be regarded in law to be the employer of the counsel, for whose actions the carrier may be liable under respondeat superior. It is universally declared that such counsel represents the insured and not the insurer. Repeated opinions issued by the American Bar Association [ABA], as illustrated by ABA Comm. on Ethics and Professional Responsibility, Informal Opinion 1476 (1981) declare: "When a liability insurer retains a lawyer to defend an insured, the insured is the lawyer's client." See also the following opinions in ABA/BNA Lawyers' Manual on Professional Conduct (1984): Connecticut, Informal Opinion 83-5, at 801:2059; Delaware Opinion 1981-1 at 801:2201; Michigan Opinion CI-866 at 801:4856. See also Point Pleasant Canoe Rental v. Tinicum TP., 110 F.R.D. 166, 170 (E.D.Pa.1986); Gibson v. Western Fire Ins. Co., 210 Mont. 267, 682 P.2d 725, 736 (1984). The acts of counsel retained by Aetna to defend its insured Robins cannot be imputed to Aetna under any rule of respondeat superior.

It appears at another point in the appellants' catalogue of objections to the settlement to be the position of the appellants that Aetna knew of the deficiencies in the Dalkon Shield and failed to tell claimants of such. They would characterize this failure to be an actionable fraud. Such an argument assumes that an insurance carrier which, in reviewing with its insured a claim against the latter learns that its insured was at fault in some particular, owes a duty to advise the claimant of such dereliction on the part of its insured. Obviously, the carrier has no such duty and no court, so far as we know, has ever so held. See Nipper v. California Automobile Assigned Risk Plan, 19 Cal.3d 35, 136 Cal.Rptr. 854, 560 P.2d 743, 749 (1977) ("[w]e are aware of [no authority] which suggests that an insurer ... either stands in a special relationship with the applicant or his potential victims, or alternately owes any affirmative duty of inquiry or disclosure regarding the applicant.")

The appellants, in their brief, refer critically to the alleged fact that certain damaging files of Robins were either destroyed or were planned to be destroyed. There is, however, no evidence, either direct or circumstantial, in the record to indicate that Aetna knew of or participated in such action. When it later did hear that there had been some discussion of the possible destruction of certain Dalkon Shield records by house counsel, it is apparent, from the record on which the appellants base this assertion, that Aetna promptly demanded as a condition of renewing its policy that the Robins official who had allegedly proposed such plan be removed from any connection with the Dalkon Shield files in litigation. It is thus plain that Aetna neither participated nor did it later do any act to condone such proposed or actual destruction of records. This record is simply devoid of any evidence of any wrongful conduct on Aetna's part or participation in this incident on the part of Robins (assuming, without deciding that there was such an incident).

Nor did the appellants offer any evidence or point to any fact in the record which established or indicated collusion between counsel for the Breland plaintiffs and Aetna. Breland counsel aggressively pursued this case. They did so at great expense. After this exhaustive review of the Robins and Aetna records, it is obvious that they recognized they had found no "smoking gun" but it was not because they had not tried relentlessly to discover one. The negotiations for settlement that later developed appear to have been conducted on the part of Breland counsel with complete fidelity to their responsibility.

Finally, appellants discount the settlement as a "nuisance settlement." It was a settlement that involved a potential liability on Aetna's part of $425 million. Considering the expense of defending individually all the Dalkon Shield claims, the settlement figure might be thought of as the "nuisance" value of the Breland plaintiffs' claim to Aetna which had to bear the expense of such litigation, but this in no way taints the settlement, when the record indicates clearly that the Breland plaintiffs had but a tenuous, if at all, chance of success on this claim. Further, the settlement, coupled with that offered in the Robins Reorganization Plan, assured every Breland plaintiff of full payment of her proven claim, with an added contingent provision supplied by Aetna to protect against any possible deficiency in the Trust. Moreover, a settlement involving the acceptance of a possible liability of $425 million is not an insignificant settlement. Moreover, in every settlement, the amount is directly related to the strength of the plaintiffs' case. This is indicated by the settlement of $1,800 million of claims in the San Juan hotel fire for $100 million. See note 41. It is difficult to see what more the Breland action, if continued, could have availed the Dalkon Shield claimants. Without further elaboration, we hold the District Court did not err in approving the settlement of the class action.

The judgments of the District Court granting class certification and approving the settlement are accordingly

AFFIRMED.

ADDENDUM
            APPEAL NUMBER  APPELLANT                  DALKON SHIELD NUMBER
            881755        Mary Albert                252684
                           Carol Angus                215751
                           Judith Beaule              62242
                           Janis Belcher              237565
                           Daniel Belcher             237566
                           Karen Belcher              237564
                           David Belcher              243035
                           Melanie Bennett            183837
                           Nancy Benson               191191
                           Jean Boeckler              122207
                           John Boeckler              122208
                           Janet Bruce                296254
                           Melody Cannon              228522
                           Barbara L. Carr            20475
                           David W. Carr              244903
                           Helen Carty                78400
                           Sandra Cassier             7647
                           Patrick Cassier            7646
                           Victoria Charnock          228521
                           Ellen Chodes               42705
                           Elizabeth Cote             26935
                           Brenda Davis               111886
                           Marion DuFord              78493
                           Deborah Fallon             80309
                           John Fallon                80310
                           Dawn Gebo                  7306
                           Janet Gregory              79226
                           Frank Gregory              79225
                           Sarah E. Haskell           78399
                           Pamela Hockenhull          78909
                           Patricia Johnson           78581
                           Mary E. Jordan             291790
                           April WeeksKorn           78397
                           Leonard Korn               78398
                           Debora Lamont              96144
                           Beverly McClure            80313
                           Katherine Maher            19424
                           Elaine Nizza               228523
                           Donna Oberg                77966
                           Diane Pinard               7113
                           Jeanne Robey               237567
                           Paul Robey                 237568
                           Pamela Saxby               78580
                           Shellie Shapiro            78583
                           Howard Shapiro             78582
                           Sharon Lee Spern           187651
                           Rebecca Steinbach          281041
                           Jeannette Sweet            85890
                           Beverly Tonkin             184469
                           Donna Tshanakas            222583
                           Nicholas Tshanakas         222584
                           Daphne Whitmore            78910
                           Linda Bisson               172492
                           Anne Soucy                 286513
                           Sally Adams                225908
                           Randy Adams                225886
                           Charlotte Allen            227324
                           Charles Allen              225896
                           Jan Allen                  225897
                           Barbara Bill Klinger       225899
                           Linda Brust                225323
                           Virginia Bryan Roberts     225901
                           Gwendolyn E. Buettner      70274
                           Carolyn Campbell           225900
                           Lynn Crosby                225902
                           William Franklin Crosby    233041
                           Mary Kathryn Deemer        235677
                           John Deemer                225885
                           Donna Faremouth            260787
                           Charles Faremouth          260788
                           Cindy Franco               225884
                           Fred Franco                231644
                           Elena Friedman             225893
                           Darleene L. Frink          226609
                           Kenneth Frink              225964
                           Diane Goshorn              113174
                           Christiane J. Guignard     219368
                           Linda Harre                225883
                           William Harre              225894
                           June Ellen Harris          225895
                           Carol Harterink            225903
                           Anton Harterink            225904
                           Rosanne Heard              225905
                           Jimmie Dale Heard          225906
                           Atha Henderson             225907
                           Jill Campion Huff          233339
                           Pamela Johnson             7353
                           Ted Johnson                7356
                           Wanda Lancaster            6020
                           Deborah Jean Lenzi         225485
                           Betty Leobold              225486
                           William D. Leobold         235694
                           Susan Lippner              225890
                           Robert Lippner             225889
                           Victoria L. McCord         225888
                           Cheryl McFarland           192508
                           Dayna McKendree            225887
                           Diane Mance Zywotko        225892
                           Carol Mitchell             225891
                           Susan Nehrig Cole          46096
                           Paul Nehrig                46097
                           Deloris A. Nicolaou        255933
                           Sherry Peavy               225322
                           Kenneth Peavy              225488
                           Flora Poe                  109594
                           Brenda Reilly              225489
                           Gerald Reilly              225490
                           Patricia Scolaro           225491
                           Edward Scolaro             235693
                           Wanda Joe Selvanik         225492
                           Michael Selvanik           225487
                           Janice Denise Simmons      7355
                           Merrick Simmons            7354
                           Martha E. Sims             225483
                           Eslyn South                189220
                           Tracy Staneart             176376
                           Debra Renee Thompson       225321
                           Denise B. Wax              225946
                           Dan Wax                    234731
                           Rachael O. Thompson        200369
                           Edwin L. Wilbur            202442
                           Sharon Malloy Wilber       201016
                           Harold E. Kerkhoff, Jr.    200370
                           Robert F. Grant, Deceased  200373
                           Robert W. Adams            200368
                           Gillian L. Adams           200367
                           Mr. R.S. Shaw              285422
                           Blanche M. Shaw            202439
                           Donna M. Kerkhoff          200375
                           Kathleen A. Denise         62658
                           Jim H. James               200366
                           Beatrice D. Sewell         200374
                           Kenneth R. Livingston      200883
                           Gloria W. Livingston       200372
                           Harvey H. Friedman         200371
                           Arlene Whitaker James      200365
                           Phyllis B. Puckett         225059
                           Rhalda S. Friedman         202440
                           Joyce F. Grant             202441
                           Barbara A. Purvis          202438
            881757  Carolyn Abernethy              227352
                     Barbara Ackerman
                     Agnes S. Adams                 138145
                     Deirdre Adams                  304924
                     Janet Adams                    239853
                     Katherine Adams (Shaw)         24580
                     Mary Adams                     293804
                     Olive J. Adams                 205634
                     Pauline Adams                  209345
                     Morenike Adejumo               283378
                     Georgette M. Adlington         204639
                     Maureen Ahern                  216306
                     Annie Aitken                   283379
                     Sandra Aldridge                102304
                     Iona M. Alexander              215468
                     Marie A. Ali                   241349
                     Christine Allen                209349
                     Emelda Allen                   216276
                     Gail Frances Allen
                     Josephine Allen                1437
                     June W. Allen                  285351
                     Marie Stella Allen             204671
                     Maureen Allen                  88623
                     Patricia M. Allen              283383
                     Anita C. Almond                283385
                     Jacqueline A. Almond           205660
                     Lucia Alvarez de Toledo        226897
                     Elizabeth Amies                210903
                     Doreen Amos                    283390
                     Joan Anderson                  283392
                     Lilieth C. Anderson            205673
                     Norma Anderson                 230534
                     Veronica Ann Anderson          203532
                     Trina Andrashi (Guessous)      283912
                     Gillian Monaghan Andrews       226869
                     June Andrews
                     Mary Annette                   42298
                     Jean M. Anslow                 209353
                     Patricia Apsimon               202246
                     Leonie Archer                  204551
                     Yvonne A. Archibald            203552
                     Brenda Arkless                 203493
                     Patricia A. Armstrong          205636
                     Maureen W. Arnfield            283396
                     Joan Arnold                    283398
                     Joyce Arnott                   283400
                     Shelia E. Arsenault            239840
                     Mary Asprey                    207057
                     Janet Asson                    282918
                     Agnes Aston                    203470
                     Barbara Atkins                 299237
                     Eunice M. Atkins               239806
                     Patricia Atkins                231499
                     Betty Atkinson                 207059
                     Sylvia Atkinson                283404
                     Betty Auger                    203586
                     Susan Aultman                  70842
                     Margaret Averill               205687
                     Judith Avril                   283406
                     Trudi Axford                   283408
                     Patricia Baber                 282961
                     Ram Dai Bacchus                205684
                     Linda Backerman
                     Gail Bacon                     42036
                     Carole Badrick                 239791
                     Janet Bailey                   283414
                     Peter J. Bailey                283415
                     Janet Doreen Bailey            283410
                     Patricia Bailey
                     Irene Bain                     283416
                     Hazel Bainbridge               283417
                     Betsy Baird                    283419
                     Robert Baird                   283420
                     Christine Baker                283421
                     Joy M. Baker                   207061
                     Gillian Bambury                299222
                     Rosalind Banfield              283423
                     Margaret B. Bannister          283425
                     Kathleen Barber                297495
                     Susan M. Barber                283426
                     Alexandra J. Barbosa           49764
                     Patricia Barford (Hudson)      226898
                     Ann E. Barham                  203639
                     Jennifer Barley                207970
                     Eileen Barlow                  204560
                     Sandra Barnard                 283428
                     Elaine Barone                  305202
                     Susan Bashford                 48510
                     Megan Bashir                   283432
                     Carole Baskin                  283434
                     Pauline Basson (Reid)          209346
                     Pauline Bate                   226854
                     Janet Patricia Bates           203509
                     Pauline M. Bates               205642
                     Christine BatesBrownsword
                     Heather C. Bathers             203513
                     Rosezella Battle
                     Janet Baughan                  216283
                     Ruth Baynton                   209196
                     Karen Beach                    283440
                     Janine Maeve Beadle            105984
                     Madeline A. Beattie            203670
                     Chantal Beaudry                185103
                     Janet Sue Beckwith             84367
                     Jean Bedford                   215449
                     Jamila Begum                   299223
                     Kaniz Begum                    207975
                     Magsood Kahn Begum             203625
                     Mary E. Behan                  283444
                     Danielle Belanger              237706
                     Denise Belford                 243649
                     Jennifer Belsham               283446
                     Helen Benham                   15107
                     Jacqueline D. Bennett          215444
                     Myrtle Bennett                 283448
                     Sandra A. Bennett              249668
                     Elizabeth A. Benson            283450
                     Doreen Bentley                 226847
                     Katreane Bernard               283452
                     Cathryn Berr
                     Valerie Berriman               299224
                     Georgia Berring                207019
                     Patricia Berry                 283454
                     Patricia Bibbo
                     Manzoor Bibi                   299240
                     Daphne Bickley                 283458
                     Janus Bidawid                  287358
                     Susan Bills                    215463
                     Mairi Binns                    283462
                     Deborah (Lynn) Bino            249212
                     Carol Birch                    283464
                     Margaret Patricia Birch        204564
                     Ann Bish                       283466
                     Norma Bishop                   283468
                     Tracey Biss                    283470
                     Dorothy Blackham               216270
                     Anna Blaiklock                 283472
                     Maureen Blair                  15809
                     Mary Lou Blake                 287359
                     Noreen Blake
                     Christine Blakemore            283474
                     Jennifer Ann Blanch            215462
                     Ann Blau                       251536
                     Bonnie Bleiweiss               287360
                     Eunice Blewer                  203675
                     Ethel Bloomer
                     Patricia H. Bloomfield         283477
                     Barbara Bloyce                 195255
                     Loretta Jayne Bluck            283479
                     Sydney Blum                    263517
                     Lynda Lee Bockler              80029
                     Ruth Boddy                     283481
                     Pauline M. BolleMead          132591
                     Carole G. Bolt (Wilkes)        203564
                     Ann Bolton                     283482
                     Winifred Helen Bolton          283483
                     Shelia Bones                   283485
                     Patricia Bonner                234413
                     Mary B. Bonthron               283487
                     Joanne Mary Booth (Stanton)    208023
                     Lucey Bourne                   203464
                     Sylvannie L. Bourne            282903
                     Pauline Anne Bowater           239834
                     Maureen Bowden                 223638
                     Verlaine Bowden                283493
                     Betty Bowers                   209339
                     Joyce Bowler                   29264
                     Pamela Bowling                 283497
                     Gloria Bowman                  227354
                     Winifred Boyce                 205638
                     Margaret Boyle                 224824
                     Carolyn E. Bradburn            224857
                     Evelyn M. Bradbury             203682
                     Betty Constance Bradley        205632
                     Janet Alice Bradley            203582
                     Christine A. Brady             205647
                     Jennifer A. Brady              283502
                     Margaret M. Brady              203527
                     Margaret P. Brady              307353
                     V.E. Braga                     285684
                     Linda Braid
                     Margaret Bramble               283504
                     Pamela Ann Branden             283506
                     Trudie Branford                283508
                     Norma Brannan                  207063
                     Ida Brassard                   227355
                     Raymond Brassard               227356
                     Pamela Braun                   237436
                     Berenice Brennan               204586
                     Cathryn Brennan                153187
                     Kathleen Brennan               283512
                     Sharon L. Brennan              283514
                     Joyce Marylou Brett            209369
                     Denise Brewer                  294001
                     Mary Bridgeman                 249546
                     Linda Bridgewood               205680
                     Diane Brimmer                  231066
                     Veronica Brimsted              234425
                     Julia Alica Brindley           283517
                     Sandra Brindley                283519
                     Denise Brinig                  283521
                     Elsada Bristol                 231502
                     Francesca E. Bristow           203525
                     Patricia Bristow (Sutherland)  287461
                     Shirley Britt                  287361
                     Wendy Elizabeth Brooke         204644
                     Jennifer Brookes               209186
                     Brenda Brooks (Mynard)         224845
                     Richmal Broomfield             203521
                     Elizabeth Brophy               283523
                     Reta F. Brothers
                     Alma Brown                     283525
                     Jennifer Brown                 209335
                     Patricia Brown                 216290
                     Patricia I. Brown              203475
                     Susan Brown (Hinman)           84652
                     Anne Browne                    209175
                     Pearline Browne                282904
                     Ann Broyles (Louise)           286359
                     Jean Brunt                     283527
                     Christine Bryan                217994
                     Sophie Buamah                  283529
                     Moira Buchan                   283531
                     Jo Ellen Buchanan
                     Jan Buckley
                     Elsie Buhler                   291265
                     Christine Bull                 204638
                     Marion Burford                 153188
                     Marion Burgess                 283538
                     Patricia A. Burgess            283540
                     Sheenagh Burgess               283544
                     Joan Burke                     283545
                     Margaret Burke                 216274
                     Audrey H. Burton               283549
                     Doreen Burton                  203482
                     Leslie Burton                  283550
                     Mary Burton                    283551
                     Mavis Bush                            283553
                     Georjeau Busha                        287398
                     Anne C. Butcher                       217302
                     Valery E. Butler                      231495
                     Anne Butterworth                      283557
                     Glynis Byatt                          142274
                     Bettina H. Byras                      84421
                     Ann Marie Byrne
                     Rita Josephine Byron                  224849
                     Linda Cabena                          249659
                     Marjorie Cairney                      84424
                     Lorraine Cakebread                    285686
                     Susan Calder                          207996
                     Dr. Fiona Caldicott                   215451
                     Pauline E. Calladine                  299163
                     Kathy Callaway
                     Sandra K. Caller                      283561
                     Valerie Calvert                       224834
                     Christine Camp
                     Margaret Campayne                     283564
                     Evelyn A. Campbell                    283566
                     Hilma Campbell                        203500
                     Jeanette Campbell                     283570
                     Judith L. Campbell
                     Nancy Campbell
                     Tina Campbell                         207067
                     Yvonne Campbell
                     Mary Ann Canning                      239795
                     Valerie Canning                       204670
                     ElseMarie Carlander                  283573
                     Barbara Carnaby                       283575
                     Georgina C. Carnegie                  283577
                     Sandra J. Carpenter                   287365
                     Sandra M. Carpenter                   207984
                     Bridget Teresa Carroll                283578
                     E. Carroll                            283580
                     Elizabeth Ann Carter
                     Margaret E. Carter                    204597
                     Margaret Cartlidge                    226899
                     Margaret Ann Carton                   207048
                     Janet D. Cartwright
                     Lurline Carty                         283582
                     Marianne Carven
                     Jacqueline Casey                      283584
                     Jane Casey                            203533
                     Mary Sheila Cashmore                  204598
                     Margaret Casserly                     209364
                     Kathleen Cassettari                   283586
                     Carole A. Cassie                      209264
                     Mary Frances Castle                   283590
                     Iona Castro                           283592
                     Margaret A. Caswell                   204642
                     Christine Cave                        203611
                     Ann Cawley                            283593
                     Ruth Evelyn Cecil                     287366
                     Doreen Chalke                         605808
                     Catherine B. Challender               283595
                     Edna Challinor                        239784
                     Kathleen Chambers                     283597
                     Cheryl Chambers                       241355
                     Mary Champagne                        287367
                     Raymond Champagne                     287368
                     Maria L. Chandler (Holt)              284877
                     Shirley Chant                         215397
                     Patricia M. Chaplain                  42281
                     Jacqueline Chapman                    224821
                     Lily Chapman                          204664
                     Jose Charles                          283603
                     Marion Charles                        282933
                     Caroline O. Charlton                  212449
                     Valerie Chattoe                       216291
                     Zohra S. Chaudry                      204667
                     Margaret M. Checkley                  203569
                     Mary Cherrington                      283606
                     Marcia Chessell                       283608
                     Carol Chew                            203612
                     Louise Ching                          283610
                     Janet Chioffi
                     Maureen R. Chittock                   283611
                     Gillian D. Chitty                     283613
                     Brenda Victoria Choat                 283615
                     Marilyn Chong
                     Barbara P. Chorley                    207974
                     Dallas Christodoulou (Bonell)         255186
                     Madelaine Church (aka CanaleParola)  283571
                     Alison Clark                          247714
                     Ann Clark                             203555
                     Doreen M. Clark                       215457
                     Gillian Clark                         239808
                     Judith Ann Clark                      283617
                     Lee Christine Clark                   283619
                     Pamela Clark                          239816
                     Patsy Clark
                     Sylvia Clark                          216315
                     Ann D. Clarke                         241360
                     Dorothy Clarke                        203551
                     Florence J. Clarke                    203540
                     Joyce E. Clarke                       216296
                     June Clarke                           204652
                     L. Clarke                             283619
                     Olen Jane Clarke (estate)             283621
                     Patricia Clarke                       247048
                     Linda Claxton                         205663
                     Sylvia Clay                           283623
                     Kerry Claytor
                     Nancy Cleary                          207020
                     Edwin Cleary                          207021
                     Carol Faye Clements                   287370
                     Violet R. Clews                       204660
                     June Cliffe                           283625
                     Mavis Una Clinton                     283626
                     Joan W. Clulow                        209206
                     Irene Cobb                            120967
                     Mary Ann Cockerton                    283628
                     Christine Cocksey                     283630
                     John Cocksey                          283631
                     Linsay Marcia Cohen                   283632
                     Diane Cole                            283634
                     Janice Cole                           283636
                     Nikki Cole                            287372
                     Teresa M. Cole                        209344
                     Betty Coleman                         288372
                     Mary G. Colley                        204678
                     Margaret Collins                      203601
                     Theresa Coltman                       283640
                     Greta Connelly                        234526
                     Margaret Conner
                     Pauline Conolly                       63312
                     Elizabeth Conran                      283642
                     Karen Conti                           285688
                     Audrey Conway                         283644
                     Beatrice S. Cook                      207973
                     Catherine Cook                        307352
                     Wendy R. Cook                         226903
                     Margaret K. Coomber                   283646
                     Catherine Coombes                     153068
                     Elaine Coombes                        605809
                     Christine Coombs                      204646
                     Beatrice Cooper
                     Dorothy P. Cooper                     216294
                     Gay Maxine Cooper                     31333
                     Patricia Cooper                       224837
                     Theresa Cooper                        283652
                     A. Corbett                            283653
                     Josephine A. Corcoran                 216330
                     Lenore Corfe
                     Christine Corfield                    283654
                     Sue Corfield                          170937
                     Margaret H. Corlett                   203665
                     Margaret Cornwell                     286351
                     Nicolina Cortiglia                    283662
                     Mary Cotterill                        216288
                     Josephine V. Cottingham               283663
                     Maureen Coughlan                      294002
                     Christine Ann Coulson                 283665
                     Barbara I. Court                      208014
                     Alice Couture                         231074
                     Caroline Cowell                       283667
                     Ursula Cowley                         299164
                     Ira Cox                               283669
                     Joyce E. Cox                          188092
                     Margaret Cox                          205670
                     Janet Crabb                           282905
                     Jackie Craig                          287373
                     Lynette Crannis                       285690
                     Mary B. Craven                        203579
                     Browyn Crawford
                     Margaret Creber                       153190
                     Margaret Credaro                      285693
                     Laura J. Cremin                       217837
                     Lavinia Croft                         283671
                     Patricia V. Croshaw                   85056
                     Kathleen G. Cross                     239864
                     Ursula Cross                          265028
                     Ann Crossan                           283673
                     Cynthia Crowley                       303907
                     Angela Culbert                        283677
                     Sandra Evelyn Culhane                 307349
                     Elaine Cumley                         207022
                     Mairead Cummins                       12819
                     Marion Cummins                        247715
                     Philomena Cummins                     195260
                     June Rita Cumper                      283681
                     Catherine Cunnane                     239857
                     Dawn Iris Cunningham                  283685
                     Ellen Marie Cunningham                127234
                     Mary F. Cunningham                    288491
                     Anne W. Curtis                        239793
                     Marilyn Curtis                        287374
                     Barbara Cuthbert                      84491
                     Jean Daff                             283687
                     Johanna Dahn                          207995
                     Shirley Joy Dallas                    283689
                     Debbie Dameron
                     Susan Mary Daniels                    204641
                     Lynda Dare                            283691
                     Valerie J. Darneille                  283692
                     Shelia Dart                           155669
                     Beryl Davey                           283695
                     Christine E. Davidson                 203598
                     Tina Davidson
                     Avril Davies                          209191
                     Elaine P. Davies                      204654
                     Katherine Davies                      239827
                     Patricia E. Davies                    293756
                     Joyce Davis                           203635
                     June Davis                            203628
                     Kaye Davis                            153191
                     Valerie J. Dawkins                    203578
                     Rosemary E. Dawson                    283697
                     Ann De Bont                           203511
                     Louisa De La Falaise                  207981
                     Dorothy P.A. De'Souza                 283715
                     Patricia DeAngelo                     204388
                     Susan DeGavre
                     Carolyn DeRijke                       207024
                     Bernadette Dean                       205631
                     Jacqueline Dean                       203562
                     Theresa Dean                          305204
                     Jacqueline K. DeanLewis              283699
                     Pamela Deane                          283701
                     Mary B. Delaney                       231497
                     Janice Delany                         283703
                     Amanda Dellar                         283705
                     Angela Dempsey                        283706
                     Pamela Denney                         283708
                     Joyce Densham                         226881
                     Maureen Dent                          283710
                     B.H. Deputron
                     Dianne Derrick                        283713
                     Elise J. Desabrais
                     Michelle Detrice                      204578
                     Shelia Devaney                        138170
                     Christine Devine                      283718
                     Barbara Dhalai                        203545
                     Patricia Diaz                         283719
                     Rosemary Dickson                      283721
                     Christopher Dickson                   283722
                     Moira Dimech                          153192
                     Joanne Dinatale                       269143
                     Linda Dingman                         106964
                     Gail I. Dixon                283727
                     Jennifer E. Dixon            203517
                     Rosemary Ann Doble           226861
                     Mary Docherty                283731
                     Alison Gay Doggart           283733
                     Margaret J. Doherty          212603
                     Mary Donnelly                205669
                     Annie Donoghue               209208
                     Annie J. Donoghue            224833
                     Joan Doogood                 209616
                     Amanda Dore                  283737
                     Patricia Dorkins             234416
                     Dorothy Douglas              283739
                     Clara Douglass               84510
                     Susan Dow                    287377
                     Norma Dowd                   142277
                     Susan Dowie                  226857
                     Beryl L. Dowling             88572
                     Winifred Downes              283741
                     Audrey J. Downey             203623
                     Joyce Doyle                  283743
                     Sylvia M. Duffy              203575
                     Joanne K. Dugdale            203658
                     Joyce DunbarBrunton         283745
                     Patricia F. Dunderdale       240973
                     Christine Dunleavy           227357
                     Patricia Dunne               202220
                     Mary E. Dunster              287378
                     Hillary A. Durochia          41108
                     Josephine E. Durrant         205689
                     Linda Durrant                226809
                     Michelle Dutot               283747
                     Patricia Dyer                142278
                     Margaret Ealand              295359
                     Barbara Eastbury             239866
                     Brenda Easthope              209197
                     Gloria Eaton                 215464
                     Patricia Ann Eaton           224852
                     Margaret Eatough             283750
                     Teresa M. Eatough            283752
                     Jillian Ede                  189032
                     Betheda Edmonds              249121
                     Elizabeth Edwards            209202
                     Ellen N. Edwards             239848
                     Josephine A. Edwards         203515
                     Sheryl Edwards               283754
                     Catherine M. Egan            226868
                     Janice Egglestone            283756
                     Mary Rose Elgie              283758
                     Vassoulla Elia               226845
                     Barbara L. Elliman           203473
                     Rosalind Elliott             142279
                     Gay (Brown) Ellis            231082
                     Eugenie Ellis                283760
                     Lorraine Ellis               208765
                     Avril Dawn Elms              283764
                     Jennifer Ann Elvy            283766
                     Janet S. Emery               204595
                     Sally P. Emms                283768
                     Cheryl L. English            285695
                     Yvonne Enright               283769
                     Doris Epstein                84532
                     Ingrid EriksenWilson        207055
                     James EriksenWilson         207056
                     Janice Esom                  283773
                     Nancy Rose Estry             283777
                     Caroline Evans               299165
                     Mary A. Evans                283781
                     Sheila Evans                 283779
                     Susanne Evans                212389
                     Janet C. Everill             282906
                     Pauline B. Everitt           299244
                     Joan M. Eveson               226840
                     Patricia V. Ewart            283783
                     Janice Renee Fairweather     119690
                     Shirley D. Faloon            249569
                     Julie Falzarano              287380
                     Gwyneth Fanning              84541
                     Ian Fanning                  84542
                     Anne Faraday                 216304
                     Donna Faremouth
                     Charles Faremouth
                     Jerilyn Farinella            286358
                     Mary Ann Farrell             283785
                     Ruth Farrell                 287381
                     Margaret F. FarringtonWood  283787
                     Sabina Faust                 285696
                     Sylvia Jeannette Feaver      283789
                     Janet Fell                   204593
                     Dorothy M. Fellows           205656
                     Teresa Maron Felton
                     Susan Lee Fenney             291638
                     Paula Fenton                 283793
                     Annette Ferlin               207028
                     Margaret J. Ferris           84556
                     Margaret W. Ferris           224823
                     Christine M. Finney          204661
                     Heather Ann Firkin           283795
                     Ann Elizabeth Fish           209327
                     Janice Fishburn              285698
                     Linda Fitzackerley           283797
                     Sandey Fitzgerald            84563
                     Valerie Fitzgibbons          205674
                     Thelma Fitzpatrick           283799
                     Elizabeth Fivet              283801
                     Mavis Flastig                283803
                     Susan M. Flegg               203520
                     Helen Fletcher               285700
                     Alice Foran                  249661
                     Anne S. Ford                 283805
                     Elizabeth Ford               142281
                     Peter Ford                   142282
                     Margaret Ann Forrest         283807
                     Geraldine Forristal (Mary)   148621
                     Avril Forsdyke               205688
                     Irene C. Forshaw             283809
                     Jean Foster                  204571
                     Joan M. Foulsham             204581
                     Jeanette Fournier            270165
                     Anne Fowler                  295363
                     Valerie Ann Fowler           283811
                     Elizabeth Fox                226885
                     Helen Elizabeth Fox          283813
                     Sheila Fox                   283817
                     Shirley Foxall               282965
                     Betty Frances                285692
                     Cristine Elizabeth Francis   207071
                     Dorothy Francis              282966
                     Rosemary D. Francis          283819
                     Sheila Francis               203678
                     Doreen Franklin              224828
                     Brenda A. FranklynStokes    283821
                     Joyce Fraser
                     Carol Frederick
                     Brenda Freeman               203571
                     Pauline Freeman              70777
                     Valerie Freeman              299225
                     Mary D. Freer                243652
                     Sandra G. French             155772
                     Susan French                 283823
                     Annaliese Fritz              101994
                     Georgia Furminger            287383
                     Lesley D. Fyfe               153193
                     Catherine Gaffney            223767
                     Loraine Gager                153195
                     Sylvia GaleBurkitt          283829
                     Andrea Gallagher             239805
                     Gloria Joan Gallant
                     Russlaine A. Galliers        231510
                     Judith Gapp                  283831
                     Barbara A. Garcia            203469
                     Alison M. Gardiner           299226
                     Linda Ann Gardner            205651
                     Diane Garner                 283833
                     Peggy A. Garrett             287384
                     Betty C. Gauntlett           208003
                     Kathleen Gavaghan            203499
                     Jean A. Gaynor               283835
                     Ann Gear
                     Christine A. Gebhardt        283837
                     Patricia L. Gee              283839
                     Anna Marie Gent              293839
                     Valerie Gentry               283841
                     Rita Gerry                   205640
                     Sandie Gervasio              287385
                     Joan Gethin                  216331
                     Patricia Ann Giannasi        283842
                     Carolyn Gibbins              283843
                     Margaret Gibbons             283845
                     Gwyneth Gibson
                     Joan Gibson                  283849
                     Joy Gibson                   285701
                     Polly Gibson                 270179
                     Rosemary Gibson              216284
                     G.A. Gilani                  226875
                     Brenda M. Gilbert            204563
                     Alexandra Gildea             283851
                     Jean Giles                   209328
                     Lillian Giles                203661
                     Judy Gilgunn                 283853
                     Michael Gilgunn              283854
                     Raj Gill                     208019
                     Heather Gilroy
                     J.P. Ginesi                  283855
                     Judy Girard                  153196
                     Suzanne Girard               287387
                     Theresa M. Gladwin           204655
                     Marcia Glenwright            207029
                     Ann C. Glover                204566
                     Marie Glucksman              283856
                     Jacqueline Glynn             203668
                     Josephine Glynn              224822
                     Rita Goddard                 216307
                     Jane Godfrey                 257757
                     Teresa Lorraine Godfrey      283858
                     Karen Goff (Smeaton)         285461
                     Mercedez Gomez               283860
                     J.A. Goodeve                 283862
                     Marie Goodrich               245142
                     Joy M. Goodwin               283864
                     Margaret P. Goodwin          205649
                     Sandra Goodyear              283865
                     Ester McBride Gordon         283867
                     Barbara Gorringe             295353
                     Margaret Gossmann            270183
                     Lena Gott                    143619
                     Dorothy A. Gough             216312
                     Judith Goulden               283869
                     Elizabeth Goulding           283871
                     Susan Goulding               283873
                     Ann Govern                   218087
                     Philippa Gow                 227358
                     Susan Gower                  202214
                     Rita Goyette
                     Donna Graham                 225129
                     Priscilla Graham             283877
                     Valerie Graham               204672
                     Veronica Grant               282968
                     Deborah Graves               84601
                     Beverly Gray                 287388
                     Doreen Gray                  283879
                     Elaine Gray                  249654
                     Mary Catherine Gray
                     Mary Charlotte Gray          234379
                     Pamela Gray                  283883
                     Anna Green                   283885
                     Robert Green                 283886
                     Euvine Green                 239783
                     Gillian Green                203669
                     Hazel Janice Green           283889
                     Judith M. Green (Letts)      141351
                     Lynette Green                205650
                     M. Green                     283891
                     Margaret Green               283893
                     Ruth Gregory                 283896
                     Melcilyn Grey                209356
                     Betty Griffin                204592
                     Joyce Griffiths              204662
                     Christine Grigg              203539
                     Jean Grinter                 283900
                     Janet Pamela Grinyer         283902
                     Linda Mary Grinyer           283904
                     Vilma Grizzle                204584
                     Marie Ann Grogan             204679
                     Pauline Groombridge          283906
                     Brenda Ground                283908
                     Luella Gulley             287389
                     Maureen Anita Haddon      203514
                     Gloria E. Hadley          239854
                     Leslie Haines             84614
                     William Haines            84615
                     Annette E. Hairsine       203681
                     Elizabeth A. Hale         203478
                     Sandra Haliben
                     Ann J. Hall               283913
                     Jean Hall                 283915
                     Marjorie Hall             293758
                     Mary P. Hall              283916
                     Phyllis Hall              283918
                     Sheila Hall               209185
                     Shirley E. Hall           283920
                     Mary I. Hallahan          239807
                     Gillian Halter            203679
                     Razia A. Hameed           203617
                     Alison Hamilton           283921
                     Kathleen Hamilton         283923
                     Maryann Hammond           207031
                     Clifton Hammond           207032
                     Jill M. Hampson
                     Patricia R. Hancock       283924
                     Susan Handy               203581
                     Margaret Handyside        153197
                     Janet Hanks
                     Bridget H. Hanley         209180
                     Wendy Ann Hannabuss       283926
                     Margaret Hannan           283928
                     Shirley Hannon            305246
                     Lorna Hanrahan            227359
                     Evelyn Hanson             209326
                     Rosemarie Hanson          11494
                     Patricia Ann Hara         181073
                     Mary Harding              215453
                     Pauline Harding           204549
                     Joyce Hardy (Fox)         283815
                     K. Hardy                  188150
                     Margaret E. Hardy         283931
                     Ann Harman                205644
                     Catherine Harouche        239835
                     Dianne Harper             284817
                     Audrey Harris             283412
                     Hilary Harris             226860
                     Janet M. Harris           203602
                     June M. Harris            216209
                     Norma J. Harris           284821
                     Pauline T. Harris         284823
                     Anne Harrison             282970
                     Astrea Harrison           284825
                     Barbara Harrison          284826
                     Keith Harrison            284827
                     Maureen Harrison          203604
                     Pauline Harrison          203556
                     Elizabeth Harvey          284831
                     Jan Harvey                231097
                     Patricia G. Harvey        299040
                     Rosemary Harvie           112718
                     Suzan Harwood             234423
                     Aileen Haskell            284832
                     Margaret Hassan           203657
                     Mary Edwina Hassett       284834
                     Pamela Hasson             284836
                     Irene Haunton             249666
                     Patricia A. Haverty       203580
                     Barbara Hawkins           284838
                     Robin Hayden              287392
                     Jennifer G. Haye          299228
                     Jeannette A. Hayes        204673
                     Valerie Hayes             203653
                     Mary Josephine Haynes     203486
                     Rose O. Hayter            216286
                     Margaret R. Hayward       205657
                     Marjorie Hayward          284840
                     Florence Betty Haywood    284842
                     Adair He                  288414
                     Margaret Head             205646
                     Kathleen Margaret Heal    284843
                     Anne Healey               284847
                     Susan Healey              284845
                     Anne M. Hedges            245654
                     Linda Hemphill
                     Jeanette Hasel Hencher    284849
                     Dorothy A. Henderson      5294
                     Cellastine Hendley        204582
                     Jean E. Henry             239775
                     Stephanie Hensher         284851
                     Christine Herbert         207977
                     Vera D. Herbert           226856
                     Theresa Hewat             284855
                     Sandra Hewes              216311
                     Joan A. Hewett (estate)   284857
                     Cynthia Hewitt            227361
                     Olive Hewitt              249669
                     Sheila Hewson             282909
                     Barbara Ann Hewston       203594
                     Charlotte Hickcox         287393
                     Bridget M.C. Hickey       284859
                     Marion Hickman            205683
                     Hazel M. Highfield        284861
                     Margaret Hiley            204621
                     Elizabeth Hill            299230
                     Gillian Hill
                     Kathleen Paula Hill       284863
                     Sheila Hill               203607
                     Susan Hill                284864
                     Lynn Hind                 282972
                     Carole Ann Hine           203465
                     Susan HinmanBrown        14418
                     Magdalena P. Hinton       284866
                     Margaret H. Hinton        216282
                     Mavis Hinton              282897
                     Joan E. Hitchco           208025
                     Sheila A. Hitchinson      239823
                     Pauline Hobby             207077
                     Dorothy M. Hobley         208013
                     Elizabeth Hodges          285703
                     Valerie Hodges            284870
                     Michael Hodges            284871
                     Helen K. Hodgetts         239773
                     Joan M. Hodgson           284872
                     Patricia Hodgson          207991
                     S. Hodgson                203655
                     Diane Hogan               227363
                     Linda Holby               287394
                     Ginette Holdcroft         209329
                     Patricia Holding          203541
                     Patricia Ann Holland      216281
                     Roseanne Hollingbery      142283
                     Anthony Hollingbery       142284
                     Beverley Marie Holloway   284874
                     Susan M. Holloway         223710
                     Judith Holt               207033
                     David Holt                207034
                     Deree Holton              286354
                     Patricia M. Hope          284879
                     Ruth J. HopkinsGreen     282473
                     Muriel Hopwood            224847
                     Ann Horne                 284881
                     Sandra Horth              70824
                     Marlene McKeown Hoskins   209340
                     Marilyn Houlberg          287395
                     Jacqueline House          203468
                     Mary L. Houston           203663
                     Jean Howarth              284883
                     Rose Miriam Howat         284884
                     Janet Howells             284885
                     Linda S. Hubbard          203568
                     Christine A. Hudson       215446
                     Anne Hughes (Odling)
                     Diana Hughes              142285
                     Florence Hughes           291650
                     Kim Jean Hughes           153199
                     Lesley Hughes             207994
                     Mary Hughes               247718
                     Philomena Ann Hughes      284887
                     Shirley Hughes            207972
                     Janet Humphreys           209198
                     Frances Hunt (Howells)    284896
                     Lydia M. Hunt             203531
                     Margaret R. Hunter        284899
                     Mary Elizabeth Rita Hurt  284901
                     Dorothy Hutchings         153201
                     Margaret Hutchison        231108
                     Dennis Hutchison          231109
                     Sandra Hynes              284903
                     Ann V. Ikin               284905
                     Christine Iles            216305
                     Edna M. Ind               231504
                     Pauline Insull            203620
                     Margaret Anne Isdale      203508
                     Margaret O. Ison          205699
                     Janet Ives                284907
                     Janice E. Iveson          284909
                     Megan Jacka               231511
                     Cherri Jackson            287396
                     June Anne Jackson         203528
                     Suzanne Jackson           285705
                     Davina Jacobs             84681
                     Phillipa D. Jacobs        282973
                     Susan Maxine Jacobs       217238
                     Irene Jacques             284912
                     Suvinder Kaur Jagdev      282925
                     Angela James              153203
                     Anne T. James             205652
                     Audrey James
                     Barbara Anne James        284914
                     Catherine M. James        284916
                     Christine James           284918
                     Molly James
                     Wendy M.A. James          284920
                     Begum Jan                 216313
                     Karen Jan                 17184
                     Meewa Jan                 239799
                     Jennifer Mary Jeans       284922
                     Anita Jefferies           203491
                     Caroline Jeffries         205698
                     Nusrat Jehan              282924
                     Anne G. Jelbert           209351
                     Linda Jelfs               209199
                     Enid Jenkins              227365
                     May Jenkins               284924
                     Patricia N. Jenkins       239825
                     Sandra Jenkins            209177
                     Shirley Jenkins           203503
                     Tessa Jenkinson           284926
                     Evelyn Jenks              284928
                     Anne Jennings             284930
                     Jane Jennings             284932
                     Maureen Jennings          284934
                     Marie Jerrold             284936
                     Mary Phoebe Jessop        284937
                     Angela Johns              284938
                     Avril M. Johnson          204657
                     Beverly Johnson
                     Elaine Johnson            284940
                     Josephine Johnson         224836
                     Patricia Johnson          239782
                     Patsy Johnson             204648
                     Vera A. Joiner            226886
                     Anne Q. Jones             249662
                     Barbara A. Jones          209345
                     Carol A. Jones            284942
                     Carolyn J.P. Jones        284944
                     Christine H. Jones        205629
                     Claire A. Jones           226859
                     Gail Georgina Jones       188155
                     Hilda Jones               204674
                     Jacqueline Jones          203557
                     Jane Jones                284946
                     Lesley K. Jones
                     Linda Jones               284948
                     Linda A. Jones            203561
                     Queenie Jones             284950
                     Valerie E. Jones          204677
                     Jeanne Margaret Jordan    284952
                     Suzanne Jordan            284953
                     Phyllis Joyce
                     Barbara Jury              284954
                     Joyce Justice             287397
                     Deborah Kako                 207035
                     Marjo Kalo                   131607
                     Barbara Kane                 284946
                     Daljit Kaur                  203498
                     Gurdial Kaur                 243654
                     Jagir Kaur                   299041
                     Joginder Kaur                205690
                     Surinder Kaur                239838
                     Linda Kayne                  284958
                     Mumtaz Begum Kazi            204565
                     Brenda Teresa Keane          288421
                     Lynne Kear                   284959
                     Betty Keeffe                 203603
                     Angela Keeling               284963
                     Maureen A. Keen              23731
                     Johanna Kelleher             284967
                     Alice Kelly                  204969
                     Doris Kelly                  299249
                     Elizabeth Kelly              205703
                     Isla Kelly
                     Jennifer Kelly               282974
                     Kristine Kelly (estate)      17628
                     Margaret A. Kelly            284971
                     Margaret M. Kelly            212429
                     Carol Kelsey                 153204
                     Karen Kelsey                 231114
                     Elizabeth Ann Kempson        226897
                     Jacqueline Kennedy           204645
                     Mary I. Kennedy              203471
                     Sandra Kennedy               287400
                     Susan Kennedy                203593
                     Sarah Kenny                  239787
                     Karen Luwanna Kerkhoff       207036
                     Patricia Mary Kershaw        284975
                     Angela Kerwin                284977
                     Lal Zara Khan                203609
                     Chandra Khiani               212359
                     Sue Kibbe                    192611
                     Kathleen Anne Kidley
                     Anne Marie Killingback       295361
                     Valerie Killingbeck          284981
                     Valerie G. Kilpatrick        203627
                     Frances King                 205681
                     June M. King                 204640
                     Marianne King                153205
                     Sylvia Frances King          204663
                     Gwendoline Rose Kingston     203616
                     Mary P. Kinnavane            284983
                     G.M. Kirkpatrick             284985
                     Bernadette Knight            284987
                     Christine Knight             284989
                     Jean Knight                  284991
                     Joan Knight                  204590
                     Carol Knott
                     Carole KnowlesBaker         255198
                     Estelle S. Kohn              287405
                     Rosemary Komraus             287406
                     Elisabeth Ellen Kondal       284995
                     Kathleen G. Korpa
                     Georgina A. Kosniowska       284997
                     Darshna Kour                 204567
                     Ronee Krakowiak              24230
                     David Krasner
                     Irene Krause                 287407
                     Eleanor LaFave               227367
                     Ingrid LaTrobe               285017
                     Barbara Labrow               284999
                     Debra M. Ladwig (Morchower)  231141
                     Sylvia Laing                 285001
                     Angela Lamb                  285003
                     Evelyn A. Lambert            285005
                     Cecily Lamberti              62248
                     Annette Lambourne            285007
                     F.A. Lancaster               285009
                     L.V. Lane                    285010
                     Shelley M. Lane              204694
                     Shirley Lane
                     Susan Joyce Lane (O'Dwyer)   19002
                     June Lang                    285011
                     Sheila Lang                  257758
                     M. Langley                   285014
                     Sandra G. Langston           203501
                     Beverly Lapacek              285708
                     Teresa Larkin                285015
                     Roseanne Lasorsa             199867
                     Eileen J. Lathan             204651
                     Ruth Lathan                  203588
                     Maureen Launchbury           216317
                     Lesley Lavelle               203467
                     Yvonne Lawes                 207083
                     Michael Lawes                207084
                     Maureen A. Lawless           204659
                     Elizabeth W. Lawlor          209174
                     Barbara Lawrence             285020
                     Betty A. Lawrence            237084
                     Christina Lawrence           282926
                     Gillian Lawrence             285022
                     Norma Lawrence               285023
                     Audrey O. Layton             226839
                     Dorothy Ann Lazenby          285025
                     Norma A. Lea                 231505
                     Christine Ann Lee            205654
                     Elizabeth Lee                285027
                     Pauline Lee                  285029
                     Valerie S. Leeney            204594
                     Rita Leese                   299031
                     Rose May Leese               285033
                     Barbara Leigh                285035
                     Stella C. Leigh              226877
                     Suzanne Levay                120889
                     Sandra E. Levitz (Lunner)    17084
                     Alexandra R.M. Lewis         285038
                     Ann Lewis                    24878
                     Dorothy V. Lewis             203606
                     Elaine M. Lewis              285040
                     Gabrielle Lewis              285046
                     Gwendoline Lewis             299250
                     Jacqueline Lewis             285044
                     Janet Lewis                  243655
                     Kathleen M. Lewis            224855
                     Lynda Lewis                  285048
                     Mary Lewis
                     Pamela Mary Lewis (estate)   285042
                     Yvonne Lewis                 203664
                     Eunice Leyland               285050
                     Christine Liggins            605810
                     Patricia A. Limoge           287410
                     Raymond W. Limoge            287411
                     June P. Lincoln              285052
                     Elizabeth W. Lindsay         224830
                     Carley D. Lines              285712
                     Jacqueline Littleford        224841
                     Lael Livak                   287414
                     Frances LivingstonRa        285056
                     Anita J. Llewellyn           215460
                     Janet Lloyd                  204649
                     Yvonne Lloyd                 216285
                     Bernadette Lodge             120792
                     Glennis Swift Loe            285710
                     Maureen Loeffler             84777
                     Sandra Longmire              249483
                     Vivienne Longstaff           285058
                     Carol S. Love (Palombi, C.)  285061
                     Carol Love                   285059
                     Audrey Lowe (estate)         94949
                     Christine Lucas              285063
                     Doreen Lucas                 285065
                     Jennifer Lucas
                     Elizabeth Luck               285067
                     Jennifer Lumley              283657
                     Gillian Lumsdon              239781
                     Christine Lutterman          285069
                     Gloria J. Lyford             58299
                     Sheila Lynch                 285071
                     Teresa Carmel Lynch          285072
                     Deirdre Lynn (aka Kerrigan)  98009
                     Mary Lyons                   299032
                     Elizabeth MacDonald          132000
                     Wendy MacKenzie              285073
                     Dimity Mackie                285714
                     Elaine Macnamara             23847
                     Jean Madden                  285075
                     Jean R. Maddocks             285077
                     Mary Ann Maguire             282482
                     Sarah Maguire                243656
                     Joyce E. Maber               209212
                     M. Malik                     285079
                     Shelagh Mallalieu
                     Pamela Mallinson             241350
                     Ann Malone                   285081
                     Patti Maloney                270256
                     Sheila Malsbury              226884
                     Christine Mann
                     Pat Mann                     285083
                     Valerie M. Mann              285085
                     Yvonne Marchant              285087
                     Elizabeth Marcotte           249225
                     Amy Marcus                   207042
                     Joan Mardner                 205675
                     Ester Margolis
                     Gwyneth M. Marison           285089
                     Irina Markova                84797
                     Dorothy Marsden              285091
                     Elizabeth Ann Marshall       285093
                     Nola Marshall                285095
                     Sheila Marshall              208237
                     Gloria Martell               288343
                     Barbara Martin               285097
                     Celia Martin                 285099
                     Eileen Martin                216278
                     Elaine Martin                285101
                     Elizabeth Martin             195931
                     Glennis Maxine Martin        60021
                     Jillian M. Martin            247719
                     Julie Martin (estate)        285105
                     Pamela Martin                216308
                     Gloria Martins               209355
                     Lynne Maselan                227369
                     Lachmi Masih                 203642
                     Furruck Masood               209183
                     Patricia Margaret Massocchi  285107
                     Brenda Masters               285109
                     Vera Mather                  219508
                     Carol Matthewman             285110
                     Janet Maughan
                     Teresa Maughan
                     Martha J. Maund              285184
                     Valerie Maw                  285112
                     Mary May                     285114
                     Renee Y. May
                     Carole McAllister            153206
                     Julia McAllister             287416
                     Denni McCann                 249235
                     Janet Martha McCann          285116
                     Marie T. McCann              209209
                     Shirley McCann               209348
                     Christine McCarthy           285117
                     Donna McCarthy               287417
                     Lloyd McCarthy               287418
                     Susan McChesney              257759
                     Pauline McClenaghan          216300
                     Janice McCrae
                     Irma McCray
                     Heather McCrory              28050
                     J.M. McCullough (Brookes)    216323
                     Christine McDermott          285118
                     Esmerelda McDonald           204668
                     Rose Joan McEnery            282898
                     Isabella Fiske McFarlin
                     Amelia C. McGann             205677
                     Annie McGann                 285120
                     Linda McGeever               247720
                     Sarah McGettigan             203574
                     Jean McGill                  285121
                     Hilary E. McGrath            215454
                     Patricia Marie McGrath       216318
                     Pauline McGrath              285122
                     Ann P. McGuigan              224851
                     Rita McHale                  285124
                     Marilyn McKay                203629
                     Yevonne McKay                285126
                     Patricia McKenna             285128
                     Delsada McKenzie             299251
                     Edna T. McKnight             203548
                     Sarah McKnight               285130
            _______  Elizabeth McLennan               287419
                     Mary T. McLennan                 287420
                     Keith McLennan                   287421
                     Susan McLeod
                     Annie McManus                    282910
                     Eileen M. McNally                241354
                     Maureen McNally                  207964
                     Eileen McNeill                   285132
                     Sharon McNicol                   287422
                     Jeanette McQuaker                203518
                     Sarah McSweeney                  285134
                     Anne Meddings
                     Emma Meekins                     287423
                     Ted B. Meekins                   287424
                     Mubarka Mehta                    239796
                     Stella L. Mellor                 282976
                     Sandra L. Melnyk
                     C. Mendonea                      285136
                     Susan Mero (Birtles)             10780
                     Helen Merrigan                   285138
                     Ellen J. Merrins                 239840
                     Bobbi Mersereau                  84826
                     Janet Messenbird                 207085
                     Maira Miczek                     12311
                     Elizabeth Maud Middlemist        285140
                     Margaret T. Middleton            285142
                     Susan H. Middleton               207976
                     Amanda Midlam                    29745
                     Yvette MilazzoBrombacher        285143
                     Leo MilazzoBrombacher           285144
                     Sheila B. Miles                  226746
                     Sheila L. Miles                  203497
                     Margaret M. Millage              204554
                     Icilda V. Miller                 299252
                     Marion E.L. Miller               285145
                     Susan Miller                     84835
                     Louis Miller                     84836
                     Hazel B. Millington              205694
                     Janet Millman                    243658
                     Sylvia Millns                    285149
                     Pauline Mills                    285151
                     Rosemary J. Mills                204653
                     Dawn Milner                      226858
                     Sonia Milsom                     285153
                     Clarice Mitchell                 203680
                     Frances Mitchell                 285155
                     Linda J. Mitchell                247721
                     Veronica Mitchell                285157
                     Wendy Moger                      299044
                     Mary Theresa Molloy              239810
                     Stella Monday (Nathan)           302221
                     Marie Monk                       285159
                     Elizabeth Ann Moody              295344
                     Margaret Moody                   285161
                     Virginia Moody                   261342
                     Margaret Moon                    285163
                     Jean Mooney                      285165
                     Jacqueline Moorcroft             203526
                     Ann Moore                        203638
                     Claudia Moore                    293210
                     Doreen D. Moore                  285167
                     Henrietta J. Moore               285170
                     Jean Moore                       285169
                     Jennifer Mary Moore
                     Leigh Moore                      237518
                     Vera L. Moore                    204669
                     Elizabeth Ann Moran              285173
                     Kathleen Moran                   207043
                     Christine P. Moreton             203596
                     Vera K. Moreton                  209204
                     Doreen M. Morgan                 203479
                     Elizabeth L. Morgan              204562
                     Susan M. Mornington              207978
                     Edith Nkhala Morothoane          285175
                     Jean Morris                      207985
                     Joan A. Morris                   209362
                     Mary A. Morris                   299253
                     Maureen Morris                   285176
                     Shawn Morse                      137391
                     Luisa Mosa                       84847
                     Jack Mosa                        84848
                     Valerie A. Moscow                285178
                     Susan E. Moseley                 239829
                     Betty A. Moss                    204650
                     Margaret Mott                    287425
                     June Mottershead                 285180
                     Marcia Moulton                   84849
                     Mary Moulton                     285182
                     Susan Mowll                      285186
                     Catherine Moyes                  285188
                     Heather Muco                     285719
                     Lynn Mudd                        282978
                     Morag G. Muego                   285190
                     Susan Mulhall                    241239
                     Sandra Mullany                   204637
                     Theresa Mullen                   216329
                     Carol Mullet                     285192
                     Sylvia A. Mulligan               285194
                     Norma Mumby                      285198
                     Pamela Mumford                   203492
                     June Y. Munro                    285196
                     Gail Murfin                      203472
                     Joan Mary Murfin                 285200
                     Brenda Murphy
                     Deidre Veronia Murphy            285202
                     Diana E. Murphy                  205639
                     Jane Murphy                      285204
                     Linda Murphy                     121051
                     Wendy Murphy                     285721
                     Joanne T. Myers
                     Cynthia Nadeau                   197219
                     Janet Naim                       285206
                     Marian Nankivell                 285722
                     Deborah J. Nason                 84858
                     Rawza Nasser                     231489
                     Delia Nassim                     285208
                     National Women's Health Network  6584
                     Winifred Neal                    203554
                     Doreen O. Neale                  285210
                     Doreen Neary                     203537
                     M.T. Neate                       285212
                     Thelma Needham                   285214
                     Nola Nelson                      285723
                     C.A. Denise Neve                 285216
                     Margaret Newboult                295355
                     Kathryn Newbound                 285218
                     Ann Newby                        208001
                     Carol Ann Newell                 226905
                     Jeanette Newman                  285220
                     Mildred Newton                   285222
                     Rita Newton                      285224
                     Susan T. Nichols                 285225
                     Mary Nieporte
                     Patricia Nightswander
                     Pamela Nightingale               285227
                     Mary Nisbett                     203504
                     Rita Nobbs                       285229
                     Beatrice E. Nock                 282912
                     Gillian Nock                     204602
                     Joan Nolan
                     Josephine A. Norman              203570
                     June Norman                      203674
                     Pauline Marie Norman             42317
                     Barbara Normand                  287426
                     Kathleen Norton                  203605
                     Irene Notley                     209343
                     Patricia Novikoff                183368
                     Mark Novikoff                    183369
                     Marilyn Nuske                    153210
                     Sarah V. Nutley                  285232
                     Susan Margaret Nuttall           285230
                     Susan Nutter                     270855
                     Glenda J. Nye                    38262
                     Eileen Bridget O'Brien
                     Florence M. O'Brien              209195
                     Kathleen S. O'Brien              203649
                     Margaret O'Callaghan             243659
                     Kathryn Marie O'Connor           287429
                     Connie O'Dell (O'Driscoll)       285236
                     Marie O'Donoghue                 224827
                     Margaret O'Flaherty              203560
                     Esther Elizabeth O'Gorman        285238
                     Margaret A. O'Hagan              204604
                     Yvonne O'Hara                    285240
                     Veronica S. O'Neil               282928
                     Carmel O'Neill                   153212
                     Linda C. O'Neill                 203463
                     Norma O'Neill                    204603
                     Kathleen O'Reilly                7119
                     Theresa O'Reilly
                     Timothy O'Reilly
                     Susan O'Shaughnessy              227371
                     Suzanne Okrent                   285242
                     C. Oladipo                       285244
                     Joan Oleskevich
                     Christine Oliver                 205705
                     Mary Ollerenshaw                 204605
                     Barbara Oreton                   203618
                     Patricia A.F. Osborne            285247
                     Patricia A.L. Osborne            203587
                     Eunice Owen                      28593
                     Gaynor Owen (estate)             285248
                     Jennifer Owen                    285250
                     Ruth Owens
                     Lisa Padilla
                     Elise Padmore                    203603
                     Sarah Page                       325462
                     Eileen E. Palmer                 204607
                     Laurann Pandelakis               84888
                     George Pandelakis                84889
                     Janette A. Panek                 239839
                     Sheena Panton                    285256
                     Ellen Pareis                     287431
                     Madhu Ben Parekh                 226888
                     Barbara Parker                   287433
                     Maureen Parker                   285259
                     Sandra Parker                    210461
                     Christine Parkes                 204609
                     Maureen Elizabeth Parkes         227107
                     Susan Ann Parkin (Disney)        283723
                     Rachel M. Parkins                203549
                     Rosemary P. Parkinson            205679
                     Marlene K. Parry                 209357
                     Mary Parry                       285260
                     Kathleen M. Partridge            203507
                     Patricia Partridge               285262
                     Monica Patel                     203572
                     Jacqueline A. Patterson          285264
                     Janet Pattison                   285266
                     Jennifer Patullo                 153213
                     Bianca Pauza                     153214
                     Barbara Payne                    205665
                     Susan Payne                      240985
                     Gillian Peach                    224829
                     Judy Peacocke                    30956
                     Diane S. Pearce
                     Mary Pediani                     285268
                     Elizabeth Pellett                216336
                     Jennie Pelotte                   287435
                     Sheila Pender                    285270
                     Kathy Penfield
                     John Penfield
                     Janice Penny                     285272
                     Jean Pennycook                   106702
                     Catherine J. Pepper              209182
                     Jennifer Pepper                  287437
                     Julie Jean Mary Percy            285274
                     Annette June Perkin              285275
                     Sally Perkins                    285277
                     Antoinette Perks                 285278
                     Lesley Perks                     208017
                     C. Perry                         285280
                     Gilde Perry                      285282
                     Susan Peterken                   207088
                     Johanna Petersen                 84904
                     Kathryn Peterson                 84905
                     Sharon Pfeifer                   287438
                     Diane I. Phillips                208008
                     Pearlyn Phillips                 299034
                     Erica G. Philpotts               226904
                     Judith Phipps                    285284
                     Tina L. Piddington               216302
                     Susan Myra Pilton                295357
                     Linda Pinchera                   285286
                     Sylvia Pinfield                  209352
                     Sheila Pinner                    216303
                     Marilyn A. Piri             209368
                     S.K. Pitman                 285288
                     Linda C. Pitt               209341
                     Lynne Plant                 285290
                     Rhonda Plant                153216
                     Lyndon Plante               84914
                     Christine M. Pointon        285292
                     Maria Pollakis              120891
                     Penelope Pollock            285293
                     Joanne Pomeranz             287440
                     Murial Poole                204606
                     Wendy A. Pope               285295
                     Heather Popham              285297
                     Diana M. Porter             239779
                     Helen Porter                285299
                     Pauline Porter              285301
                     Eileen Potter               209319
                     S. Pottinger                285303
                     Alice J. Potts              282949
                     Margaret Pover              285307
                     Everett Pover               285308
                     Christine Powell            216275
                     Margaret Powell             285309
                     Pamela Powell               299233
                     Margaret Power              205648
                     Farida Pradhan              287441
                     Anne Pratt                  285310
                     Jean Preedy                 149520
                     Andrea Prentice             227373
                     Audrey E. Price             249667
                     Mary Price                  207090
                     Maureen Price               234415
                     Martine A. Prichard         203613
                     Agnus Primus                203615
                     Alvarene Prince             203543
                     Linda S. Prince             203577
                     Jennifer Pritchard          285313
                     Hazel M. Prosser            241357
                     Jean Lesley Prosser         204610
                     Jennifer Pugh               207966
                     Elizabeth M. Purnell        102096
                     Andrea Quail                7042
                     Norma B. Rabaiotti          285315
                     Stella J. Rabbits           204596
                     Diana Rabone                226907
                     Lucy Raby                   285317
                     Sheila Race
                     Naomi L. Radovan            207999
                     Gladys Ragland              291649
                     Sharon R. Rainbird          203495
                     Jean Rainville              287443
                     E.M. Ramsay                 282982
                     Elaine Randall              224848
                     Margaret W. Rankin          207967
                     Gayle Raphanel              84926
                     Lynda J. Ratcliff           28152
                     Ivy Ravenhill               215445
                     Janet Rawe                  207046
                     Pauline Reading             285320
                     Sheryl Reardon              285322
                     Janine Records              287446
                     Katherine Reece             285326
                     Patricia A. Reece           209363
                     Diane Reed                  203590
                     Gillian P.M. Rees           285328
                     Mary Ellen Regen            216292
                     Deirdre Reid                241351
                     Heather Reid                285330
                     Julia Reidy                 606331
                     Margaret Ann Reidy          265562
                     Helen Remphrey              153217
                     Coral Rendall               285332
                     Mary Reohorn                285334
                     Mary Ann Restall            216299
                     Jennifer Revis              285336
                     M.O. Reynolds               285338
                     Brenda Rheeston             203524
                     Catherine Rhodes            239802
                     Christine Rice              257760
                     Carol Richards              285340
                     Elaine Richards             239859
                     Angela Patricia Richardson  285342
                     Jean Richardson             285344
                     Pearl Richardson            203538
                     Angela Ride                 224839
                     Joyce Rigby                 231500
                     Emma Rikert                 106182
                     Sandra Robbins              285349
                     Susan Robbins               216289
                     Valerie Roberston           285353
                     Margaret Roberts            207048
                     Margaret R. Roberts         285347
                     Linda Robertson             287448
                     Peter Robertson             287449
                     June Rose Robinson          209200
                     Pamela A. Robinson          285359
                     Sheila Robinson             285361
                     Susan Robinson              209324
                     Rosemary Robjohn            282985
                     Anne Roddick                285363
                     Christy Ann Rodgers         227374
                     Norma Roe                   203502
                     Caroline Roeves             285364
                     Annie Rogers                299259
                     Kathleen Rogers             285366
                     Peter Rogers                285367
                     Linda Rogers                208247
                     Margaret Rogers             204611
                     Mary Linda Rogers           208247
                     Roberta Rogers
                     Maureen Rood                285368
                     Janet Rooney                285370
                     Joyce Rose                  181805
                     Edna Ross                   285374
                     Jacqueline Ross             188921
                     Jean Ross                   257761
                     Kathleen M. Ross            285376
                     Ruth M. Ross                285379
                     Pauline RossWhite          285380
                     Hilary Caryl Rothwell       285382
                     Valerie Round               239817
                     Isobell H. Rouse            205680
                     Janice Rouse                295341
                     Kerry A. Rowe               285726
                     Barbara A. Rowley           205655
                     Christine Rowley            285386
                     Rita Roxburgh               285388
                     Angela Roy                  84954
                     Dahn Roy                    84955
                     Nora P. Roy                 215441
                     Roseanne Ruiz
                     Aldolphe Ruiz
                     Patricia K. Rumens          285390
                     June K. Russell
                     Miriam Russell
                     Diane Rust                  285392
                     Celia Ryan                  299235
                     Maura Ryan                  248356
                     Anna Ryder                  84964
                     Irene Sabbar                231507
                     Paula Sacchinelli
                     Nicholas Sacchinelli
                     Kathleen Sackett            282953
                     Mari Said                   248238
                     Diane Sait                  285394
                     Marcia Salmond
                     Sheila Salt                 231508
                     Janet Salzman               204521
                     Linda Sameja                239845
                     Fiona M. Sandercock         285728
                     Rhoda H. Sanders            51169
                     Helen Sanderson
                     Alwyn Sandiford             285396
                     Dr. Patricia M. Santer      285398
                     Jane SasonowWhite          291643
                     Jane Savoie
                     Ann E. Sawyer               241356
                     Helga Scaiffe
                     Dawn M. Scarrott            204634
                     Yvonne Schaloske            227375
                     Jacqueline Schaverein
                     Janet Schebella             84973
                     Betty H. Schilling          209358
                     Mary Schobert               249318
                     Cheralyn A. Schofield
                     Peggy L. Schrader
                     Maria J.H. Schreuder        285400
                     Elizabeth H. Schwartz       203483
                     Amanda Scott                285403
                     Philip Scott                285404
                     Joan Scott                  285405
                     Lydia Scott                 207049
                     Martha Scott                285407
                     Rowena Scott                285409
                     V.A. Scott                  282987
                     Vera Ellen Scott            205691
                     Doreen M. Seager            205664
                     Elizabeth Seagrim           285730
                     Ann Seamarks                285412
                     Monica Ann Sedgwick         227377
                     Sandra A. Sedgwick          226835
                     Christina Ann Seery         204636
                     Margaret M. Seery           209187
                     Sheila Selling              285416
                     Gabriele R. Semrau          285418
                     Betty I. Seviour            203564
                     Eileen Shanahan             204557
                     Cynthia Sharp
                     Dawn Sharp                  84986
                     Janet Sharp                 249326
                     Sandra Marie Eileen Sharp   170983
                     Alison M. Sharpe            226872
                     Patricia Sharpe             307552
                     Ann P. Sharples             282915
                     Carol Ann Sharples          216321
                     Barbara Shaughnessy         203542
                     Blanche Shaw
                     Helen Shaw                  204552
                     Rosalind Shaw               239833
                     Susan J. Shaw               285425
                     Linda Sheedy                204635
                     Jane Sheehan                282988
                     Mary Sheehy                 285427
                     Patricia Sheekley           285428
                     Sheila Sheldon              285430
                     Andrea Shelling             285434
                     Elaine Shepard              83479
                     Jennifer Shepherd           203519
                     Shirley Shepherd            203474
                     Mary Jacqueline Sheppard    209322
                     Dorothy E.A. Sheridan       285436
                     Janet Shields               207050
                     Esther Shifra               207960
                     Marquerite Alwyn Shorland   285437
                     E.N. Shorrock               285438
                     Anita Shurey                285439
                     Rita Sidaway                299260
                     Mary Elsie Sidebotham       282955
                     Nirmal Sikand               216334
                     Beverly Anne Silk           248266
                     June Sillitoe
                     Mina Silvester              209178
                     Barbara Simkiss             226895
                     Anne M. Simmonds            285443
                     Susan Simmonds              208027
                     Lynn Simms                  215447
                     Norma Simms                 215443
                     Valerie Simms               282916
                     Angela Simpson              208026
                     Ann W. Simpson              285444
                     Lynn Simpson                285446
                     Moira Simpson               285448
                     Mary Ann Sinfield           285450
                     Anastasia Sinnott           203648
                     Penelope Skelbeck           285452
                     Christine Skelton
                     Patricia Skidmore           285453
                     Beverly Skwira
                     Anita D. Slater             204633
                     Diana Slater                285455
                     John Slater                 285456
                     Gail S. Slater              295348
                     Gillian Slater              285457
                     Susan Slater                224831
                     Valerie K. Slayter          203659
                     Margaret Sleator            285459
                     June Small                  216337
                     Marjorie Small              205702
                     Janice Smart                231509
                     Jean Smethurst              285462
                     Catherine Smid              287455
                     Charles J. Smid             287454
                     Ann J. Smith                203476
                     Barbara Smith               287456
                     Carole Ann Smith            285464
                     Christine Smith             203480
                     Christine A. Smith          204570
                     Cynthia Diane Smith         285465
                     Elizabeth Smith             285467
                     Frances M. Smith            207092
                     Glenis M. Smith             209211
                     Holly L. Smith              285469
                     Hyacinth Smith              203597
                     Jean Smith                  210948
                     Josephine Martina Smith     285471
                     Joyce Smith                 215465
                     June Smith                  285473
                     Lucille Smith               208005
                     Mabel Iris Smith
                     Margaret Smith              216319
                     Marilynn Smith              285474
                     Mary R. Smith               226864
                     Maureen Smith               216320
                     Norma Smith                 203608
                     Patricia K. Smith           204632
                     Shirley A. Smith            285476
                     Thelma Smith                231493
                     Theresa Smith               207982
                     Wendy Smith                 203490
                     Terrina Snelson             239842
                     Galina Solodchin            285477
                     Margaret J. Songhurst       285481
                     Mairi Sosna                 285482
                     Marjorie P. Southan         207965
                     Leslie Southwell
                     Ronald Southwell
                     Mildred Ann Spain
                     Andrea Spalding             204568
                     Elsa A. Spaull              204630
                     Alice Speid                 285484
                     Eileen Spence               285486
                     Christine Torode Spencer    226876
                     Jeannette Spencer           205682
                     Susan E. Spencer            209360
                     Sylvia Spencer              285488
                     Clarinda M. Spinelli        287458
                     Patricia Squire             224832
                     Margaret R. Squirrell       285490
                     Catherine Stahan
                     Joy Staley                  285492
                     Caroline A. Stanbury        285494
                     Stephanie Standberg         287459
                     S.C. Stanford               208018
                     Frances Stanley             203676
                     Margaret R. Stanley         239861
                     Suzanne Stanley             209201
                     Laila Stansfield            142287
                     Daphne Startup              207094
                     Janette P. Stebbens         209207
                     Anneliese Stedeford         226887
                     Jacqueline Pamela Steele    226708
                     Mary Steele                 285498
                     Marta Stefan                285500
                     Bernadette Mary Stephens    285501
                     Cristine M. Stevens         17476
                     Jacqueline Stevens          194934
                     Pamela M. Stevens           204550
                     Maureen Stevenson           234419
                     Jean Stirling               285506
                     Shireen Stoddart            285507
                     Charity Norton S. Stokes    223635
                     Barbara Margaretta Stone    285508
                     Laurie Stone
                     Sheila Stone                285510
                     Debbie Stone
                     Sheila Stoneman             285512
                     Mary Stovell                285514
                     Betty Clare Streator
                     Sheila Strong               203633
                     Linda Stuchbury             285517
                     Karen Sturtivant            285516
                     Doreen Sullivan             285519
                     Justine Sullivan
                     Regina Sullivan
                     Valerie Sullivan            285521
                     Elizabeth Summerfield       203466
                     Diana M. Summers            239786
                     Joan Sumner                 203530
                     Ellen Surlak                207052
                     Hansaben Surti              249664
                     Christine I. Sutcliffe      203535
                     Helene Louise Sutcliffe     285523
                     Maria Ann Sutherland
                     Anne Sutton                 226841
                     Georgia Sutton              85028
                     Mary Rose Swain             204573
                     Elaine Sweeney              224853
                     Greta Sweeney               226874
                     Susan Sweeney               285525
                     Carole Swingell             203660
                     Deborah Syme                287462
                     Lorraine Syme               285527
                     Evi Szakolcai               287464
                     Judith Taber                8595
                     Maureen Tabrett             285529
                     Alexandrina Taggart         239768
                     Jean Alice Tart             203558
                     Christine R. Taylor         203650
                     Elizabeth Taylor            285530
                     Jean Taylor                 285532
                     Linda Taylor                187656
                     James Taylor                183998
                     Marilyn Taylor              285533
                     Ruth Maureen Taylor         285535
                     Susan Taylor
                     Debbie Teague               102641
                     Susan Teece                 285537
                     June C. Tetley              239788
                     Mary A. Thatcher            153218
                     Joan Yvonne Theriault       105067
                     Audrey Thomas               204601
                     Clara D. Thomas             22684
                     Dorothy Thomas              204627
                     Pamela M. Thomas            208029
                     Shirley Thomas
                     Veronica Eileen Thomas      285539
                     Maureen S. Thomason         204624
                     Anne S. Thompson            249538
                     Beryl Thompson              285541
                     Claire M. Thompson
                     Gaye Thompson               293998
                     Janis Thompson              285543
                     Jayne E. Thompson           209184
                     Linda Thompson
                     Nora Thompson               153220
                     Molly Thorkildsen           270937
                     Pauline Thorne              204623
                     Janet Thornley              209332
                     Freda Thurgood              204587
                     Vivien Tierney              54010
                     Kay Tilbrook                216268
                     Mary Frances Till           285545
                     Susan Till                  209333
                     Charlotte Timms             207053
                     Carole Tod                  287468
                     Christine Tombs             239794
                     Susan Elizabeth Tomlin      285547
                     Susan Tongue
                     Elizabeth M. Toomey         285549
                     Georgina Toon               239850
                     Margaret M. Torres          285551
                     Sarah Trainor               239815
                     S.C. Trendall               285555
                     Shirley P. Trimble          239819
                     Christine Trueman           239865
                     Glenda J. Truman            605813
                     Erica Tubb                  285733
                     Esther Tuckley
                     June A. Tudor               241353
                     Janet M. Tuffin             257763
                     B.M. Tunnicliff             285557
                     Mavis Turburfield           153284
                     Dorothy Ann Turner
                     Irene S. Turner             231501
                     Jackie Turner               285503
                     Maureen Turner              285559
                     Doreen Twedell              207096
                     Susan B. Tye                149551
                     Mary B. Tyler               204620
                     Maureen A. Tyler            299236
                     Janet Underwood             205672
                     Jill M. Urwin               285561
                     Ann Vallantine              285563
                     Audrey Valunes
                     Myra Jane Van Heck          142289
                     Beryl M. Vann               285565
                     Maria Vassiliou             285567
                     Annette Vaughan             209370
                     Gwendolyn Vaughan           285569
                     Julie Vaughan               285571
                     Dorothy E. Venn             285573
                     Suzanne Venus               285735
                     Jane Veress                 285575
                     Joyce Vickers               285577
                     Patricia M. Viggers         208016
                     Rossana Villella            207098
                     Ann Vincent                 209336
                     Janet June Vincent          203600
                     Nerelyn Virgo               215456
                     Jillian E. Vodden           299262
                     Christine Ann Voisey        285579
                     Dilys C. Vokes              204619
                     Susan Volman                249370
                     Rosemary Vukmanich          287470
                     Sheila Wadham               295874
                     Janice Wagoner
                     Catherine A. Wain
                     Maureen Wainman             204577
                     Joan M. Waite               209354
                     Elizabeth Waite             285581
                     Elizabeth Wake              285583
                     Patricia Waldie (Knowles)   184784
                     Barbara M. Waldron          205474
                     Janet Waldron               209350
                     Denise Mary Wales           285585
                     Angela Ann Walker           234007
                     Caroline J. Walker          205645
                     Linda S. Walker             216314
                     Marjorie Walker             234417
                     Mary Walker                 207100
                     Pauline Walker              285587
                     Valerie Walker
                     Patricia Wall               205662
                     Dawn Wallace
                     Dorothy Wallace             285591
                     Sue Walliser                208930
                     Dorothy Lofthouse Walmsley  285593
                     Marlene Walmsley            208020
                     Mary Walmsley               285596
                     Harriot Walsh               282917
                     Kathleen B. Walsh           205635
                     Pauline Walsh               203672
                     Carole Ann Walton           203534
                     Veronica Warburton          285600
                     Ellen M. Ward               203671
                     Joylon Ward                 209342
                     Julia Ward                  18381
                     Margaret Ward               204618
                     Dawn Warfield               204561
                     J. Wark
                     Barbara M. Warrilow         204615
                     Barbara Waterhouse          305472
                     Beryl Waterhouse            285602
                     Carol Ann Watkins           204616
                     Donna Watkins               285404
                     Margaret P. Watkins         203632
                     Angela Watson               285608
                     Gillian Dorothy Watson      67177
                     Kim Watson                  299269
                     Linda M. Watson             285610
                     Maureen Watson              285611
                     Annette Williams           226871
                     Christine Williams         209192
                     Colleen Ann Williams
                     Gaye Williams              153224
                     Jeannette Williams         181793
                     Judith Williams            248182
                     Mary Williams              207054
                     Rosalie Williams           3450
                     Susan I. Williams          204613
                     Sheila Willis              215440
                     Denise A. Willmore         204617
                     Jennifer Wills             285737
                     Alison J. Wilson           285637
                     Barbara Wilson             285639
                     Dr. Janet Wilson           295351
                     Janis Bell Wilson          285641
                     Kara Jane Wilson           285643
                     Louise Lorella Wilson      285644
                     Margaret Wilson            203510
                     Maria Wilson               285646
                     Marlene C. Wilson          153226
                     Mary Rose Wilson           285648
                     Phyllis Wilson             285649
                     Susan L. Wilson            285651
                     Sylvia Wilson              285653
                     Eileen Winant              285655
                     Joan Winder                285657
                     Janet Windibank            265607
                     Beatrice Gail Windsor
                     Dale Francis Windsor
                     Marlene Winfield           285661
                     Hazel M. Winter            285662
                     Hazel D. Winter            208009
                     Claire A. Wintertingham    285664
                     Florence Wisener           287476
                     Ann Withington
                     Linda Wolstencroft         285667
                     Linda M. Wontor            7989
                     Carol Roma Wood            285671
                     Joan M. Wood               243661
                     Mary M. Wood
                     Sandra Wood                226851
                     Barbara Woods              285673
                     Helen Woodward             285674
                     Hilary D. Woodward         240984
                     Jean M. Woollaston         239824
                     Joy Ann Workman            239797
                     Joy Lee Worle (Lee)        285028
                     Ellen Worlledge            285677
                     Carol A. Worrall           209321
                     Barbara Wright             205671
                     Patricia Wright            142290
                     Rosemary Wright            208012
                     Jackie Wyartt              203643
                     Audrey Wyatt               21068
                     Jennifer Wyatt             239826
                     Barbara Yates              209347
                     Vicki Barbara Yerby        276081
                     Sheona York                208004
                     Bernadette Young           605814
                     Diane K. Young             270978
                     Ingrid Young               216298
                     Jolene Young
                     Leslie Young               285682
                     Jill B. Zagurskas          216279
                     Josephine Durkan           606285
                     Nancy Ewing                325934
                     Sarah Fleming              245549
                     Ellen Goldberg             292906
                     Margaret Elizabeth Haines  265591
                     Yvonne Hall                36894
                     Rosa Halperin
                     Virginia Henry
                     Serene Jenkinson           9392
                     Dorothy Lanier
                     Shelley Irene Lane
                     Joan Leithead
                     Winifred Lewis             209155
                     Hilary Margaret MacDonald  226700
                     Sara MacLurg
                     Barbara Malson             264744
                     Margo Mancusi
                     Amy McLaughlin
                     Khaleelah AbdulBadee       270695
                     David Adams                270819
                     Mary Ellen Adams           270820
                     Khadijah AliBey           171411
                     June F. Allen (Rusnak)     270734
                     Linda Diane Allen          19674
                     Theadora Averiett          152808
                     Laura J. Baldwin           270672
                     Sandra Ann Barcus          270818
                     Deborah Lynch Barton       189756
                     Pennicia Beasley           235592
                     Paula Kaye Bender          190653
                     Patricia Bevan             17578
                     Rebecca Ann Bishop         168927
                     Sherri Ann Blackford       18081
                     Alan C. Blake              270816
                     Beverly Jane Blake         270817
                     Celia Borack               270815
                     Robert Borack              270814
                     Linda Sue Branden          270714
                     Wilhemina Brinson          45805
                     Renee Brownlee             170570
                     Regina Butin               137344
                     Jeanette Cave              137805
                     Ronald Cerny               270811
                     Sandra Cerny               270812
                     Joyce Christopher          270699
                     Anthony J. Cirino          270717
                     Virginia Cirino            270716
                     Vicki Clifford             8660
                     Nancy Cobedesh             10437
                     Charlotte Coffee           270810
                     Mary J. Colaric            225183
                     Fannie Coleman             123393
                     Cynthia Ann Collier        270681
                     Melvin D. Collier          270680
                     Anita Cummings             151453
                     Ellen J. Curran            270723
                     Margaret F. Czarnitzki     270709
                     Alma Davis                 270674
                     Bertha Davis               270683
                     Brent Davis                270673
                     Linda Sue Davis            6150
                     Shirlean Dean              129854
                     Kathryn M. DeChant         270694
                     Patricia Devereaux         319244
                     Ronald Orient Donatelli    270676
                     Virginia Donatelli         270677
                     Marquita Dotson            270696
                     Doris DoveLucas           270726
                     Gail Maury Draper          270668
                     Dean Duffey                270809
                     Susan Duffey               270808
                     Barbara Eccles             24447
                     Louise Echt                35557
                     Letha Naomi Elkins         37459
                     Ernest S. Ertel            270719
                     Linda Ertel                270718
                     Marilyn Feinberg           270725
                     Elva Ferguson              174987
                     Beverly Fisher             270712
                     James Fisher               270713
                     Sandra Foland              270669
                     Ruth FrameAdams           270665
                     L.C. FrameAdams           270688
                     Karen Frazier              85808
                     Claudio GalloGodoy        270806
                     Sheila GalloGodoy         270807
                     Barbara Galloway           270731
                     Melvin Galloway            270732
                     John P. Getker             189543
                     Susan Getker               189842
                     Barry Gibberman            270804
                     Nancy Gibberman            270805
                     Judy Goldstein             168393
                     Zenovy Golembiowsky        270803
                     Audria Golembiowsky        270802
                     Cynthia S. Goodwin         270690
                     Arthur Griffin             270801
                     Valeria K. Griffin         270800
                     Deborah Hanna              9012
                     Donna Harper               237965
                     Laura Healey               189603
                     Michael Healey             189602
                     Billie Lynn Hill           270692
                     Claudia Hill               27751
                     Charles Hitner             189604
                     Valdee D. Hitner           189605
                     Trina Holloway             270703
                     Felton Holloway            270704
                     Adeline Holt               270798
                     Ralph Davis Holt           270799
                     Judith Ann Hopkins         270797
                     Johnnie Howell             308685
                     Ruby Howell                270711
                     LaVerne Hunter             270796
                     Nelson Carver Hunter       270795
                     Joyce Hurst                270793
                     Thomas Hurst               270794
                     Carol Jacobs               301415
                     Edward Jakubs              270736
                     Linda Jean Jakubs          270735
                     Mamie Delores James        270671
                     Judy Jarzembak             181641
                     Ginny E. Johnson           189606
                     Daniel S. Jones            270708
                     Debra Jones                270670
                     Katrina Jones              270707
                     Donna Elaine Jordan        189609
                     Linda Kamandulis           270720
                     Michael A. Kamandulis      270721
                     Jo Ann L. Kellam           270740
                     Susan Kennedy              270792
                     Linda Kimbleton            270742
                     Henry Kimbleton            270743
                     Betty Ann Moore            270705
                     James Moore                270706
                     Marianne Moore             270739
                     Phyllis A. Morrison        289230
                     Shirley Mullins            194004
                     Pauline A. Newton          264311
                     Eva Nell Nicely            17297
                     Marilyn Nickerson          270684
                     Grace Noble                86994
                     Avonell Mays Norman        84217
                     Judith Oskowski            270679
                     Leonard Oskowski           270678
                     Renee Owens                270722
                     Sheryn Janette Perry       270702
                     Sandra Pertee              270663
                     Virgil Pertee              270662
                     Gail M. Peterson           270729
                     Gary G. Peterson           270730
                     Fannie L. Phillips         4175
                     Jefferica Poindexter       270667
                     Patricia Pollard           14719
                     Robert Powell              270775
                     Sharon Powell              270774
                     Gary W. Reece              270772
                     Judith Ann Reece           270773
                     Margaret G. Reid           129847
                     Marian Reid                270689
                     Jenny Reliford             270771
                     Sharon L. Richard          270697
                     Darlene J. Roach           69044
                     Judith L. Rosen            270727
                     Morton Rosen               270728
                     Novimbrino Angela Rumbeau  270733
                     Islene Runningdeer         189615
                     Robert Salsgiver           270770
                     Kathleen Salsgiver         270769
                     Jane Satchel               270698
                     Virginia Schulman          80722
                     Dennis Scott               189617
                     Jo Ann Scott               189983
                     Judith Anne Scott          189616
                     Norman D. Scott            189982
                     Linda Mae Searcy           192360
                     Jacqueline Shelton         218397
                     Dale Shockling             270767
                     Carolyn Shockling          270768
                     Yvonne Simpson             106628
                     Dora Ann Sipe              189993
                     Barbara Sizemore           173198
                     Catherine Teresa Smith     270826
                     Donald C. Smith            190106
                     Elizabeth A. Smith         270766
                     Helen A. Smith             190107
                     Wayne Smith                270825
                     Wanda Denise Stanton       190099
                     Barbara Strowder           270765
                     David Sturgeon             270764
                     Joann Lee Sturgeon         270763
                     Rayneen Tisovic            170896
                     Pamela Townley             198575
                     Cheryl Urszeni             270762
                     Steven Alexander Urszeni   270760
                     Steven Urszeni             270761
                     Harry Van Arsdale          270758
                     Patricia Lee Van Arsdale   270759
                     Kenneth Van Streader       270827
                     Patricia Ann Van Streader  270828
                     Johnny Waller              270790
                     Marcolina Waller           270821
                     Dona G. Ward               199342
                     Jo Anne Warren             270822
                     Jo Ann Whyte               270823
                     Doreen E. Williams         24157
                     Jeraldine Williams         297365
                     Staria Wims                270824
                     Bonnie Yappel              270831
                     Debbie L. Yates            25679
                     Nora Yisreal               270701
                     Janelle Yonley             270666
            881766  Diane Pinard               7113
                     Dawn Gebo                  7306
                     Sandra Cassier             7646
                     Patrick Cassier            7647
            883604  Alexia Anderson           225182
                     Barbara Anderson          231938
                     Philip Anderson           268170
                     Paula C. Bannow           11228
                     John Bannow               271718
                     Diana R. Beard            10440
                     Robert Davis Beard        271192
                     Sherry Bergman            15385
                     Charles Bergman           271992
                     Marsha Brown              71237
                     Jeannette Bulinski        15584
                     Gregg Gundersen           272541
                     Wendy R. Busch            10864
                     Lillian Castillo          122920
                     Elizabeth Chamberlayne    48517
                     Carol Cooke               10446
                     Donna Cornelisse          15383
                     Denise Crowell            10865
                     Mike Crowell              271721
                     Jacki Dasso               10454
                     John Thompson             271720
                     Sharon Ebert              223890
                     Dennis Ebert              271532
                     Laura B. Emerson          16301
                     Gary S. Emerson           263135
                     Carol Evans               11339
                     Dennis S. Evans           271538
                     Melinda F. Evans          10448
                     Hawley Roger Evans        272532
                     Carla Magdanz Everett     15585
                     Barbara Ferguson          10862
                     Charles Ferguson          262197
                     Nancy C. Franz            15382
                     Roger A. Franz            258077
                     Julia Bloch Frey          163423
                     Janette S. Gamet McMahon  11344
                     George McMahon            272764
                     Mary C. Graham            15386
                     Ronald Graham             274584
                     Xenia Graves              11341
                     Cheryl A. Gruse           11334
                     Roberta Guildner          10501
                     Ava Hamilton              11343
                     Delmar Hamilton           262660
                     Delores M. Haro           228508
                     Lori Haugland             206197
                     Mary R. Hein              16655
                     William Hein              272766
                     Janet Heitzmann           10449
                     Mary Frances Hilko        243918
                     Lucy Judson               10444
                     Craig Alan Yeager         272765
                     Betty Kenzel              10443
                     Richard E. Kenzel         263118
                     Judy Kurtz                10452
                     Judith Lavezzi            6088
                     Susanne Leuthauser        11337
                     Truman Leuthauser         262311
                     Harriet Elizabeth Mann    223977
                     Sharon L. Mazotti         223979
                     Daniel Mazotti            268168
                     Sandra R. Merrill         10451
                     Roy R. Merrill            262312
                     Laurel Ruth Mifflin       255908
                     John Mifflin              273601
                     Nathan Mifflin            254594
                     Sandra D. Miller          11342
                     John K. Miller            268162
                     Peggy Morgan              11336
                     Barbara R. Nowak          10445
                     Mary Ann Perkins          10447
                     Russell Perkins           263117
                     Ravonda L. Potter         10450
                     Roger Jay Potter          271533
                     Kathy Quinton             16300
                     Judith Anne Ramsay        10442
                     Charles E. Ramsay         271723
                     Pamela S. Reiter          11340
                     Peter Reiter              274587
                     Ella Ruth Rogers          9295
                     Elaine Rogers             16298
                     Donis Rogers              265558
                     Christine Seiffert        171920
                     Stefanie Selden           9271
                     Judy Sheppard             25992
                     M. Lee Sheppard           268166
                     Jessica A. Simkulet       11335
                     Janet Singletary          16654
                     Roger Singletary          268167
                     Evelyn M. Snyder          16302
                     Andrew Snyder             15387
                     Marcia Steel              16303
                     Mary Stewart              15387
                     Charles D. Stewart        265520
                     Karon Tiger               234904
                     Thelma L. Tilman          236252
                     Durcille Trolinger        206281
                     Jo Susan Verspohl         13063
                     Ronald Verspohl           272554
                     Carol J. Waltz            16299
                     Ronald F. Waltz           268165
                     Kathleen A. Watson        199542
                     Larry Watson              291814
                     Abby Weinstein            166871
                     Barry Weinstein           258076
                     Diane West                10408
                     Martha Whitehead          199551
                     Marlyin Wilson            25436
                     Vicki Woodard             10441
                     Tom George                171536
                     Deirdre J. Zietz          15384
                     Leonard E. Zietz          260920
                     Rebecca L. Adair          239633
                     Gary A. Adair             239634
                     Sharon C. Angel           145182
                     Gene R. Angel             304529
                     Katharine K. Beattie      106539
                     Fareda E. Belcher         239629
                     Floyd Belcher             106540
                     Linda M. Black            239635
                     William R. Black          239636
                     Mary A. Bonner            37245
                     Robert I. Bonner          239637
                     Johnsie C. Brown          117778
                     Joseph T. Brown, Jr.      326617
                     Vicki L. Brown            106541
                     Randy L. Brown            106542
                     Juanita L. Brown          106543
                     Shirley Mae Burroughs     106550
                     Robert Burroughs          106551
                     Beverley Davisson         106544
                     William A. Davisson       106545
                     Jason W. Davisson         106546
                     Debra G. Dean             12776
                     Mary Ann Evertson         106547
                     Robert W. Evertson        106548
                     Sandra L. Flynn           106549
                     Joyce Frieders            106569
                     Charles D. Frieders       106570
                     Patricia Graber           269036
                     Patricia J. Heuseveldt    239639
                     Ronald W. Heuseveldt      239640
                     Heather Hull              106571
                     Kenneth L. Hull           106572
                     Patty E. Hutton           106553
                     Leon D. Hutton            106554
                     Amy Marie Hutton          106552
                     Charlotte S. James        269035
                     Kay M. Kincade            243662
                     Paul W. Kincade           243663
                     Bonlyn G. Qulick          251829
                     Anna Louise Luhman        106555
                     Kersten Males             106575
                     William Males             106576
                     Roberta C. Martin         106573
                     Keith A. Martin           106574
                     Sarah E. McLeod Kirk      106556
                     David C. McInnis          106557
                     Billie Rae Mercer         106558
                     Sandra J. Mertens         106559
                     Ronald G. Mertens         106560
                     Kay Diane Milligan        6205
                     William D. Milligan       6206
                     Betsy A. Munson           106577
                     Judith A. Nichols         106561
                     James R. Nichols          106562
                     Kathleen K. Pope          106578
                     Rita M. Raaf              106579
                     Richard D. Raaf           106580
                     Courtney L. Raaf          106581
                     Elizabeth W. Rinehart     239641
                     Richard R. Rinehart       239642
                     Gaylene P. Schommer       106563
                     John W. Schommer          106564
                     Rachel H. Scott           106565
                     David L. Scott            106566
                     Janet L. Scott            106582
                     Janice A. Sell            239643
                     Steven K. Sell            239644
                     Fay Annetta Smith         106583
                     Rhonda J. Smith           212510
                     Peggy A. Sneegas          239645
                     Roger A. Sneegas          239646
                     Rebecca J. Stafford       297307
                     Sonja G. Sweek            106584
                     Nancy J. Taylor           106567
                     Mary Ann Thomas           106585
                     Steven J. Thomas          106586
                     Elizabeth E. Tomaszewicz  239648
                     George R. Tomaszewicz     239649
                     Patricia Ann Tronsgard    106568
                     Catherine L. Wood         239630
                     Joda D. Wright            239631