In Re Gypsum Antitrust Cases. Advance Drywall Co. v. United States Gypsum Co.

Advance Drywall Company (Advance) appeals from an order of the United States District Court for the Northern District of California disallowing its claim against the settlement fund in The Gypsum Antitrust Cases, 386 F.Supp. 959 (N.D.Cal.1974). The district court sustained the Claims Review Committee’s objection to Advance’s claim on the ground that it was not timely filed. We affirm.

On November 29, 1973, the district court approved a settlement between several classes of plaintiffs and a large number of gypsum products manufacturers in a consolidation of numerous antitrust actions from across the country. The court had previously ordered that by October 5, 1973, individual notice of the proposed settlement be given to all potential members of the classes whose addresses could be obtained. Advance was among 471,315 persons to whom this notice was mailed.

Following approval of the settlement, the court ordered the mailing of a claim form describing the procedure for participation in the settlement fund. This notice, while posted to the same street address as the earlier settlement notice to Advance, was directed to Len’s Dry Wall Company (Len’s) and not to Advance. The sole…