UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA If You Were Exposed to the Ammonia Cloud From the January 18, 2002, Canadian Pacific Train Derailment in Minot, ND, You Could Get a Payment from a Class Action Settlement. A court authorized this notice. This is not a solicitation from a lawyer. • • • People adversely affected by exposure to the ammonia cloud are eligible to receive a share of $7,054,000, after the payment of legal fees and costs. To be eligible to receive a payment, you must have been exposed to the ammonia cloud and suffered inconvenience, property damage, diminution in property value or personal injury. If you have not commenced your own individual lawsuit, you have the right to exclude yourself from this class action settlement. Failure to exclude yourself from this settlement could bar you from suing later. YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT: SUBMIT A VALID CLAIM FORM BY NOVEMBER 8, 2007 EXCLUDE YOURSELF BY SEPTEMBER 21, 2007 OBJECT BY SEPTEMBER 21, 2007 GO TO A HEARING ON OCTOBER 9, 2007 DO NOTHING The only way to get a payment. Get no payment. Maintain the right to bring a lawsuit against CP Rail, Soo Line Railroad and Canadian Pacific Railway, Ltd. regarding the January 18, 2002, derailment. Write to the Court about why you don’t like the settlement. Ask to speak in Court about the fairness of the settlement. Get no payment. Give up rights. • • The rights and options—and the deadlines to exercise them—are explained in this notice. The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if you submit a valid claim and the Court approves the settlement and after appeals are resolved. Please be patient. QUESTIONS? CALL TOLL FREE 1-866-890-4860, OR VISIT WWW.MINOTSETTLEMENT.COM WHAT THIS NOTICE CONTAINS BASIC INFORMATION ............................................................................................................................ PAGE 3 1. Why was this notice issued? 2. What is this lawsuit about? 3. What is anhydrous ammonia? 4. What is a class action and why is this case a class action? 5. Why is there a settlement? WHO IS IN THE SETTLEMENT................................................................................................................ PAGE 3 6. How do I know if I am part of the settlement? 7. What if I signed a release? 8. What is a “release”? 9. What is the “cooling off period”? 10. What if I already have a lawsuit pending? 11. Help me understand whether I am included. 12. I’m still not sure if I am included. 13. Are children class members? 14. When will children under the age of 18 receive their settlement payments? 15. Can I make a claim for a person who is a Class Member but died after January 18, 2002? THE SETTLEMENT BENEFITS — WHAT YOU GET .............................................................................. PAGE 5 16. What does the settlement provide? HOW YOU GET A PAYMENT — SUBMITTING A CLAIM FORM ............................................................ PAGE 5 17. How can I get a payment? 18. How many claim forms can a family submit? 19. When would I get my payment? 20. What am I giving up to stay in the Class and get a payment? YOUR RIGHTS AND OPTIONS................................................................................................................ PAGE 6 21. What happens if I do nothing at all? 22. What happens if I exclude myself? 23. How do I ask to be excluded? THE LAWYERS REPRESENTING YOU .................................................................................................. PAGE 6 24. Do I have a lawyer in the case? 25. Should I get my own lawyer? 26. How will the lawyers be paid? EXCLUDING YOURSELF FROM THE SETTLEMENT ............................................................................ PAGE 6 27. How do I get out of the settlement? 28. If I don’t exclude myself, can I sue CP for the same thing later? 29. If I exclude myself, can I get money from this settlement? OBJECTING TO OR SUPPORTING THE SETTLEMENT ....................................................................... PAGE 7 30. How do I tell the Court that I either like the settlement or don’t like the settlement? 31. What’s the difference between objecting and excluding? THE COURT’S FAIRNESS HEARING...................................................................................................... PAGE 8 32. When and where will the Court decide whether to approve the settlement? 33. Do I have to come to the hearing? 34. May I speak at the hearing? IF YOU DO NOTHING............................................................................................................................... PAGE 8 35. What happens if I do nothing at all? GETTING MORE INFORMATION............................................................................................................. PAGE 8 36. Are there more details available? 2 QUESTIONS? CALL TOLL FREE 1-866-890-4860, OR VISIT WWW.MINOTSETTLEMENT.COM BASIC INFORMATION 1. Why was this notice issued? The Court sent you this notice because you have the right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves the settlement and after objections and appeals are resolved, a Claims Administrator appointed by the Court will make the payments that the settlement allows. This document explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the United States District Court for the District of North Dakota. The case is known as Mehl v. Canadian Pacific Railway, Limited, No. A4-02-009. 2. What is this lawsuit about? A Canadian Pacific train derailed on January 18, 2002. The crash caused a massive cloud of anhydrous ammonia to blanket the town of Minot, North Dakota, and its residents. The lawsuit sought money for people who had not already settled their claim with the railroad or filed their own individual lawsuit or retained their own lawyer to make a claim. 3. What is anhydrous ammonia? Anhydrous ammonia is a hazardous chemical and is a clear, colorless gas that can attack parts of the body where moisture collects. Anhydrous ammonia may cause serious physical injuries to the eyes, sinuses, throat, lungs, and skin. 4. What is a class action and why is this case a class action? In a class action, one or more people called Class Representatives, in this case, Trina Mehl, and Jason and Susan Olsen, sue on behalf of other people like them. All these people are called a Class or Class members. One court resolves the case for all Class members, except for those who exclude themselves from the Class. The Court decided that this lawsuit could proceeds as a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal court. 5. Why is there a settlement? The Court dismissed this case in March 2006, finding that people injured by a railroad’s negligence could not seek a legal remedy. Plaintiffs appealed that decision to the United States Court of Appeals for the Eighth Circuit. While on appeal, the parties agreed to this settlement. The Class Representatives and the attorneys think the settlement is best for everyone who was affected. WHO IS IN THE SETTLEMENT To see if you are eligible to get money from this settlement, you first have to decide if you are a Class Member. 6. How do I know if I am part of the settlement? The Court decided that everyone who fits the following description is in the Class: All persons who were exposed to the anhydrous ammonia cloud in and around the city of Minot, North Dakota, and who were adversely affected by the release of the hazardous chemical on January 18, 2002, and who have sustained property damages, property value diminution, personal injuries, and economic or non-economic damages as a result of the derailment and hazardous chemical release. 7. What if I signed a release? If you signed a release before February 18, 2002, you did so within the “cooling off period” and your release can be voided (canceled), so that you can participate in the claims process, and you can keep the payment you already received from Canadian Pacific. Any approved settlement payment will be reduced by the amount you already received from the Railroad. 3 QUESTIONS? CALL TOLL FREE 1-866-890-4860, OR VISIT WWW.MINOTSETTLEMENT.COM To void the release you must submit a valid claim form. If you signed a release after February 17, 2002, you cannot receive any further payment. As part of this Settlement, the Court has determined that the releases signed after February 17, 2002, are valid and binding. 8. What is a “release”? Many Minot residents signed “releases” with the railroad in exchange for payments in the months following the derailment. Releases are standard forms that companies sometimes use to resolve claims that people might make. 9. What is the “cooling-off period”? The “cooling-off period” is from January 18, 2002, to February 17, 2002. If you signed a release during this time period you can receive a payment by submitting a claim form, which will void the release. 10. What if I already have a lawsuit pending? If you are a plaintiff in a lawsuit against Canadian Pacific or Soo Line regarding this derailment, you are already deemed to have excluded yourself from this settlement. See Question Nos. 27, 28, and 29. 11. Help me understand whether I am included. Class membership is not complicated. To see if you are a Class member ask yourself this series of questions: Question Were you in or around Minot, North Dakota on January 18, 2002? Were you exposed to the ammonia cloud? Yes Continue. Continue. No You are not a Class member. You are not a Class member. Did the ammonia cloud affect you? (i.e., personal injuries, property damage, Continue. reduction in property value, and economic or non-economic damages). Did you sign a release? Continue. You are a Class member and are eligible for additional payment because you signed your release within the statutory “cooling off period.” You are not a Class member. You are a Class member. You are a Class member but will receive no payment because you released your claim after the statutory “cooling off period.” If you did sign a release, did you sign it before February 18, 2002? 12. I’m still not sure if I am included. If you are still not sure whether you are included, you can visit the website www.minotsettlement.com, call toll-free 1-866-890-4860 or write to Minot Train Derailment, Claims Administrator, P.O. Box 2003, Chanhassen, MN 55317-2003, for more information. 13. Are children Class members? Yes, children are Class members. They must meet the Court’s requirements (outlined at no. 6) in order to submit a claim. Children who either participate in this Settlement or do nothing will be forever barred from bringing a claim against Defendants regarding this derailment. 4 QUESTIONS? CALL TOLL FREE 1-866-890-4860, OR VISIT WWW.MINOTSETTLEMENT.COM 14. When will children under the age of 18 receive their settlement payments? Children will receive their settlement payments at the time all other payments are made to Class members. Parents or legal guardians submitting claims on behalf of minor children must submit the birth certificate of the minor. By signing the claim form on behalf of a minor, a parent must state that: (1) the minor is a Class member; (2) he or she has the care or custody of the minor; and (3) the minor resides with the parent. A legal guardian must submit documentation of guardianship. See N.D. Cent. Code § 30.1-26-03. 15. Can I make a claim for a person who is a Class Member but died after January 18, 2002? Yes, but you must submit an Affidavit of Collection of Personal Property along with the claim form. You may obtain a copy of the Affidavit by contacting the Claims Administrator, or by visiting the website www.minotsettlement.com for more detailed information. THE SETTLEMENT BENEFITS — WHAT YOU GET 16. What does the settlement provide? Class members who submit an approved claim will receive a pro rata share of the Settlement Fund after payment of legal fees and costs, including the cost to notify you of this Settlement and to administer it, and the payment of class representative awards. Class counsel estimates that the total possible number of Class members eligible to receive a payment is 10,000. Each approved claim is subject to a maximum payment of $4,000. Class members who signed a release between January 18, 2002, and February 17, 2002, will receive less. See No. 9. Class members who signed releases after February 17, 2002, are not eligible to receive additional payments. HOW YOU GET A PAYMENT — SUBMITTING A CLAIM FORM 17. How can I get a payment? To qualify for payment, you must send in a claim form. A claim form is attached to this Notice. You must use the attached claim form. You may copy this claim form. Read instructions carefully, fill out the form, sign it, and mail it postmarked no later than November 8, 2007. A claim form is complete if all required questions are answered and it is timely postmarked. The Claims Administrator will verify the accuracy of the information and approve the claim for payment if appropriate. The Court may also review your claim. If you signed a release after February 17, 2002, you may not submit a claim. 18. How many claims can a family submit? Each family member may submit a claim for payment. For example, if you have 4 family members (mother, father, 2 children), you can submit 4 claims and receive 4 settlement payments if the claims are approved. Each adult must sign his or her claim form. Claims made on behalf of others must satisfy the criteria set forth on the claim form. See Nos. 14 and 15. 19. When would I get my payment? The Court will hold a hearing on October 9, 2007, to decide whether to finally approve the settlement. If the Court approves the settlement, there could be appeals. If there are no appeals, the settlement payment will be made promptly after the claim deadline of November 8, 2007. 20. What am I giving up to stay in the Class and get a payment? Unless you exclude yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Canadian Pacific regarding any aspect of the January 18, 2002, derailment and release of anhydrous ammonia. You will be releasing all claims against Canadian Pacific and other entities as described in No. 28. This release includes children. It also means that all of the Court’s orders will apply to you and legally bind you. 5 QUESTIONS? CALL TOLL FREE 1-866-890-4860, OR VISIT WWW.MINOTSETTLEMENT.COM YOUR RIGHTS AND OPTIONS 21. What happens if I do nothing at all? You will receive no payment. You also release any claims regarding the legal issues in this case. 22. What happens if I exclude myself? You get no payment. You maintain the right to bring a lawsuit against Canadian Pacific and other entities regarding the claims made in this lawsuit. If you already made a claim against Canadian Pacific and your claim is known to Canadian Pacific, you are excluded from this Settlement. 23. How do I ask to be excluded? To exclude yourself from the Settlement you must follow the steps listed at No. 27, below. If you don’t want a payment from this settlement, but you want to keep the right to sue Canadian Pacific regarding the legal claims in this case, then you must take steps to get out. This is called excluding yourself -- or is sometimes referred to as opting out of the Class. THE LAWYERS REPRESENTING YOU 24. Do I have a lawyer in the case? The Court appointed the law firms of Zimmerman Reed, P.L.L.P., of Minneapolis, Minnesota; Solberg, Stewart, Miller, and Tjon of Fargo, N.D.; and The Becnel Law Firm of Reserve, Louisiana, to represent you as “Class Counsel.” 25. Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask an attorney to appear in Court for you if you want someone other than Class Counsel to speak for you. If you already have a lawyer for the purpose of making claims and your retention of a lawyer is known to Canadian Pacific, you are NOT a class member and this settlement does not affect you. You should contact your lawyer about this Notice if you still have any questions. 26. How will the lawyers be paid? Class Counsel will ask the Court for legal fees not to exceed 33% of the Settlement Fund and expenses including the cost to notify you of this Settlement and to administer it, not to exceed $600,000, and awards to the Minot residents who brought this lawsuit up to $75,000. The Court may award less than these amounts. These amounts represent the legal fees and costs for the five years Class Counsel has litigated this case before the United States District Court and the United States Court of Appeals for the Eighth Circuit. The amounts sought will pay Class Counsel for the time they spent litigating this case for the last five years and assuming the risk of bringing the action on your behalf. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don’t want to submit a claim and be eligible for a payment from this Settlement, but you want to keep the right to sue Canadian Pacific about the legal claims in this case, then you must take steps to get out. This is called excluding yourself -- or is sometimes referred to as opting out of the settlement Class. 27. How do I get out of the settlement? To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Mehl v. Canadian Pacific Railway, Ltd., et al. Be sure to include your name, address, telephone number and your signature. You must mail your exclusion request postmarked no later than September 21, 2007, to: 6 QUESTIONS? CALL TOLL FREE 1-866-890-4860, OR VISIT WWW.MINOTSETTLEMENT.COM Minot Train Derailment Claims Administrator P.O. Box 2003 Chanhassen, MN 55317-2003 You can’t exclude yourself on the phone or by e-mail. If you mail an exclusion request, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. If you have personal injuries from the derailment and you exclude yourself, you may able to sue Canadian Pacific in the future. 28. If I don’t exclude myself, can I sue CP Rail for the same thing later? No. Unless you exclude yourself, you give up the right to sue Canadian Pacific for the claims that this settlement resolves. This lawsuit specifically releases the following claims: The Class and all Class Members who have not opted out of the Class release and forever discharge Soo Line Railroad Company, Soo Line Corporation, the Canadian Pacific Railway Company (“CP”), and Canadian Pacific Railway Limited, and any other party, person, firm or corporation that was or is in any way involved with or responsible for the January 18, 2002 derailment near Minot, North Dakota or the ensuing response from all claims and any liability, known or unknown, that are in any way related to, associated with or caused by the January 18 derailment, including personal injury, mental or emotional harm, wrongful death, property damage, nuisance, trespass, wage loss, inconvenience, evacuation, cleaning, clean-up, restoration, remediation, loss of consortium and fear and fright claims – past, present, and future. IF YOU ALREADY HAVE A PENDING LAWSUIT OR HAVE RETAINED A LAWYER TO MAKE CLAIMS, SPEAK TO YOUR LAWYER IF YOU HAVE ANY QUESTIONS. 29. If I exclude myself, can I get money from the settlement? No. If you exclude yourself, do not send in a claim to ask for any money. But, you may sue regarding the legal claims made in this lawsuit. OBJECTING TO OR SUPPORTING THE SETTLEMENT You can tell the Court that you like the settlement or that you don’t agree with the settlement or some part of it. 30. How do I tell the Court that I either like the settlement or don’t like the settlement? If you’re a Class Member, you can write the Court and state that you approve of the settlement or some part of it. You can also write the Court to object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should approve the settlement or not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the proposed settlement in Mehl v. Canadian Pacific Railway, Ltd., et al. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection to these three different places postmarked no later than September 21, 2007: Court Court Administrator 220 East Rosser Avenue P.O. Box 1193 Bismark, ND 58502 Class Counsel J. Gordon Rudd, Jr. Zimmerman Reed, PLLP 651 Nicollet Mall, Suite 501 Minneapolis, MN 55402 Defense Counsel Timothy R. Thornton Briggs and Morgan PA 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 7 QUESTIONS? CALL TOLL FREE 1-866-890-4860, OR VISIT WWW.MINOTSETTLEMENT.COM 31. What is the difference between objecting and excluding? Objecting is formally telling the Court that you don’t like something about the settlement and that you believe the settlement should be rejected. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. THE COURT’S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to. 32. When and where will the Court decide whether to approve the settlement? The Honorable Daniel L. Hovland will hold a Fairness Hearing at 9:00 a.m. on October 9, 2007, at 100 SW First Avenue, Minot, North Dakota. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. Judge Hovland will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. If the Court approves the settlement, then payments for approved claims will be mailed to you. If the Court does not approve the settlement, then the parties will continue to litigate the case in Court. 33. Do I have to come to the hearing? No. Class Counsel will answer questions Judge Hovland may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary. 34. May I speak at the hearing? You may speak at the Fairness Hearing if you wish to support the settlement or oppose the settlement. In order to object to the settlement you must follow the instructions in No. 30. You cannot speak at the hearing if you excluded yourself. IF YOU DO NOTHING 35. What happens if I do nothing at all? If you are a Class Member and you do nothing, you’ll get no money from this settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit, or be part of any other lawsuit against Canadian Pacific about the legal issues in this case, ever again. Please see No. 28 for more information about the claims you are releasing as a class member. GETTING MORE INFORMATION 36. Are there more details available? This Notice summarizes the proposed Settlement. More details are available in the Settlement Agreement. You can get a copy of the Settlement Agreement by writing to: Minot Train Derailment, Claims Administrator, P.O. Box 2003, Chanhassen, MN 55317-2003. Or visit the website at www.minotsettlement.com or call 1-866-890-4860 toll-free to find more information. PLEASE USE THE ATTACHED CLAIM FORM. IF YOU LOSE IT YOU CAN DOWNLOAD IT AT WWW.MINOTSETTLEMENT.COM OR CONTACT THE CLAIMS ADMINISTRATOR. DO NOT CONTACT THE COURT FOR INFORMATION. 8 QUESTIONS? CALL TOLL FREE 1-866-890-4860, OR VISIT WWW.MINOTSETTLEMENT.COM