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Show as a member of the class, but employ and be represented by your own attorney, he must enter his appearance as your counsel; please advise such counsel to prepare for hearing of the case on November 1, 1977, so that he can properly prepare. 11. An unfavorable decision for the Plaintiffs will not result in any expense to you. If there is relief granted in this action, the court will be asked to authorize the out-of-pocket litigation expenses for Plaintiffs' attorney to be deducted from the amount recovered. If there is no recovery, no fees will be charged. 12. The name and address of the attorney representing the Plaintiffs' class is as follows: James L. Shumate, 78 West Harding Avenue, Cedar City, Utah 84720. 13. Please be certain that you understand the legal rights involved herein and if there is any question, please consult an attorney. DATED this 14th day of September, 1977. JAMES L. SHUMATE Plaintiffs' Attorney HANS Q. CHAMBERLAIN Iron County Attorney Pub. S-22, 29, 0-6, 13, 1977. COUNTY AND IRON COUNTY SERVICE AREA NUMBER ONE, Bodies Corporate and Politic of the State of Utah, Defendants. TO ALL THOSE PERSONS PER-SONS SUBJECT TO THE JURISDICTION OF IRON COUNTY SERVICE AREA NUMBER ONE AND THEIR SUCCESSORS IN INTEREST: Pursuant to the Order dated 10 July 1977, and entered en-tered under Rule 23 (C) (2) of the Utah Rules of Civil Procedure by the above-entitled above-entitled Court in the above-captioned above-captioned action all known persons and their successors in interest of those subject to Iron County Service Area Number One are hereby notified: 1. The above-captioned action was brought by Rodney Alan Brady and four other persons who claim tha t they are representative members of the class of persons subject to Iron County Service Area Number One, and that Iron County has acted in a manner generally applicable ap-plicable to the entire class. The class is designated as those living in Iron County East of the West boundary line of Range 12 West and outside the incorporated cities of Cedar City, Kanarraville, Parowan, and Enoch, and outside the town of Summit and the area known commonly as Quichipah. 2. Plaintiffs have brought their action on their own behalf as a class action for and on behalf of all other persons similarly situated. 3. Defendatns in the action are Iron County and Iron County Service Area Number One, bodies corporate cor-porate and politic of the State of Utah. 4. Plaintiffs allege in their Complaint that Defendants formed the Service Area in violation of Chapter 29, Title 27, Utah Code Annotated. Plaintiffs further allege that the funding fo the Service Area is in violation of Chapter 34, Title 17, Utah Code Annotated. Plaintiffs further allege that the creation of the Service Area was done in violation of 17-15-1 Utah Code Annotated. Plaintiffs also allege that the operation of Iron County Service Area Number One, not excluding the residents of Summit, Utah was a violation of equal protection under the laws of the United States and the State of Utah. 5. Defendants have denied any liability or wrong doing. 6. On July 6, 1977, the Court determined pursuant to Rule 23 of the Utah Rules of Civil Procedure that Plaintiffs are entitled to maintain this action as a class in behalf of themselves and all other persons similarly siturated. 7. If you live East of the West line of Range 12 West, (roughly a line near the Iron Mines West of Cedar City) and outside of Cedar City, Kanarraville, Parowan, Enoch, Summit and the Quichipah area, you will be considered a member of the class represented by Plaintiffs, unless you request to be excluded. 8. All persons found by the court to be properly members of this class will receive the benefit of a favorable decision and be bound by an adverse decision. If Plaintiffs obtain the relief they seek under their Complaint, it could result in the dissolution of Iron County Service Area Number One and the refunding of any money paid to Iron County under the ordinance establishing such Service Area. 9., If you desire to be excluded ex-cluded from the class for whose benefit this action is brought, you should request exclusion by writing to Clair Hulet, Iron County Clerk, Parowan, Utah 84761. Your written request for exclusion must be mailed by November 3, 1977. Your request for exclusion should include the following: a. The name and number of the case, as listed above, BRADY, et. al. v. IRON COUNTY. Civil Number 7582. b. Your name and address. c. A statement that you wish to be excluded as a Party Plaintiff in the law suit now pending. 10. If you wish to remain IN THE FIFTH DISTRICT COURT IN AND FOR IRON COUNTY, STATE OF UTAH. NOTICE TO CLASS MEMBERS Civil No. 7582 RODNEY ALAN BRADY, et al.. Plaintiffs, vs. IRON |