The Springfield News-Leader from Springfield, Missouri • Page 18

November 7, 2004 Judge orders new trial in popcorn suit THE ASSOCIATED PRESS KANSAS CITY A judge has ordered a new trial for a group of people who sued a popcorn flavoring manufacturer, alleging butter flavoring used on the popcorn gave them permanent breathing problems. In June, a jury declined to award damages to the plaintiffs, four of whom worked or still work at the Gilster-Mary Lee Corp. popcorn plant in Jasper, about 10 miles north of Carthage. The plaintiffs sued International Flavors and Fragrances Inc. and Bush Boake Allen Inc.

International Flavors, which purchased Bush Boake Allen in 2000, manufactured the butter flavoring. A Jasper County Circuit Court judge granted the new trial Wednesday, agreeing with the plaintiffs that one of the jurors in the first trial did not fully disclose information, such as her daughter's seven years of intermittent breathing treatments. Gail Belmuth, a spokeswoman for International Flavors, said Thursday that her company planned to appeal the ruling. International Flavors has said in the past that the flavoring is safe if used properly. "It's great news," Dustin Smith, a former worker at the Jasper plant, said of this week's ruling.

"We were pretty down in the dumps with the way things went the first time." More than 20 people have sued International Flavors in cases involving the Jasper plant. So far, four lawsuits have gone to trial. Attorneys representing plaintiffs in previous trials claim that chemical diacetyl, an ingredient in butter flavoring, gave the workers breathing and other health problems. In the first trial, a former worker and his wife were awarded $20 million. International has appealed the award.

Two of the lawsuits were settled during trial. Seven more cases have trial dates, with the first set for Nov. 29. An additional 15 have been filed but do not yet have trial dates. Re-enactors head home for winter Expedition stays true to Lewis and Clark's journey, except for spending winter in camp.

THE ASSOCIATED PRESS ST. LOUIS Two centuries after Lewis and Clark were in the midst of their trek through the uncharted West, reenactors following the explorers' path have no plans to duplicate one thing spending winter in the wilds. Members of the Discovery Expedition of St. Charles the official re-enactment team will pass this winter at home. "The original expedition didn't have the luxury of going home, but we do," said the crew's captain, Scott Mandrell, 39, of Alton, Ill.

"And we're going to take advantage of it. "I'm looking forward to some sushi. That's one thing I've missed desperately." The re-enactors were to arrive in downtown St. Louis today following a three-day drive from North Dakota, with their keelboat and two smaller pirogues hooked up to trailers. From downtown, they will head to the Lewis and Clark Museum and Boathouse in St.

Charles to show off their boats and talk about their journey. The real Meriwether Lewis and William Clark left St. Charles in May 1803 and didn't return there until September 1806. When they reached North Dakota in November 1804, the icy Missouri River forced them to camp for five months. They built wooden huts and nearly ran out of meat.

The re-enactors include a core of about eight men from the Midwest who have been on the Missouri since beginning their journey on the Illinois side in midMay, with about 200 others joining along the journey. Looking to keep it realistic, the re-enactors have made all the original stops, done some of the same hikes as long as 20 miles and hunted buffalo. They slept on wooden trunks, ate meals cooked over a fire, and were troubled by ticks. But the most difficult aspect was being away from their families. Mandrell returned to Alton briefly in August to take his 6- year-old daughter to her first day of kindergarten.

With a 3- year-old son, he plans to take a family vacation to his wife's family home in Vermont. "We're going to take some time away in a place Lewis a and Clark never went," he said. Next April the crew will return to Washburn, N.D., to resume the trip. "The purpose of our exercise is the journey, not so much the time spent stationary," Mandrell said. "We are not Lewis and Clark.

We are the Discovery Expedition. Our mission is to complete the journey. We want to focus on that and make that successful." TRUCKLOAD SALE! The Dis Not Disturb Mattress Quality 2 Starts $249 at Queen Set We have purchased a TRUCKLOAD of mattress sets direct from the factory. Hurry in for great savings! Simmons Beauty rest BackCare Better Sleep For The Two Of 5 Zones of Comfort and Support. WE WILL NOT BE UNDERSOLD! FREE FREE DELIVERY FINANCING W.A.C.

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Mrs. Burk was born May 23, 1907, in West Plains, the daughter of the late Harry J. and Jessie H. (Storey) Dugger. She was united in marriage on April 7, 1927, in Springfield, to Charles E.

Hart. To this union was born a daughter, Maxine, son, J.D. Following Charles' death in 1955, she was united in marriage in 1958 to Roy Burk. Roy preceded her in death in 1968. She was also preceded in death by two brothers, Lester and L.U.

"Red" Dugger. Merle was a member of First Baptist Church, Springfield, and enjoyed playing cards and checkers. She was a great seamstress, but her greatest joy was taking care of her family, especially her grandchildren. She is survived by her daughter, Maxine Hart and her companion, Robert Shipley; granddaughter Rita Lowther and husband Craig; great-grandsons, Mark Feuerbacher and wife Kristen, Mark Feuerbacher and wife Shawna, and Brad Feuerbacher and wife Jennifer; great-great-grandchildren, Trent, Madison and Karson Lauren great-grand- and Brooke Lowther; grandson, Blake Lowther; granddaughter Brenda "Buffy" Butler and husband Geoffrey; great-granddaughters, Nikki Butler; great-grandson Sam Butler; a son, J.D. Hart and his wife, Nancy; great-granddaughters, Deanna Roudenis, Sara Nicholson and Elizabeth Weaver; a brother, Dwight Dugger; a sister, Gail Zeigel; and many other relatives and friends.

The family would like to extend our heartfelt thank you to the residents, families and caregivers of James River Care Center. Your thoughtfulness, kindness, love and prayers helped us through a trying time. God bless all of you. Graveside services will be held at 1 p.m. Monday, Nov.

8, 2004, in White Chapel Memorial Gardens, Springfield, under direction of J.D. Lee and Sons Funeral Home, Rogersville. Visitation will be from 6 to 8 p.m. today in the funeral home, located at the corner of East U.S. Hwy.

60 and Farm Road 223, west of Rogersville. Winnie Joy Brown Winnie Joy Brown, age 79, of Nixa, passed away Nov. 6, 2004, after a lengthy illness, the daughter of William and Dorothy Tooley in Mountain Grove. She was preceded in death by her husband, Leon Joy. She is survived by husband Andy Brown; a son and wife, Richard and Jackie Joy of Orlando, grandsons Timothy Joy of Orlando, and Richard Joy of Okinawa, Japan; granddaughter, Jessica Joy Earwood of Orlando; and several nieces and nephews in the Springfield area.

Per her request, no services will be held. The family will receive friends and family on Monday at the home on Monday, Nov. 8, from 5 to 8 p.m. at 211 Park, Nixa. In lieu of flowers, please make a donation to Shriner's Transportation Fund at Abu Ben Adhem.

Roland J. Huffman Roland Joseph Huffman, 74, Miller, died at 5:15 p.m. Friday at Lawrence County Manor, Vernon. Servicthe. es will be at 10 a.m.

Tuesday, Nov. 9, in Morris Leiman Mosher Funeral Home, Miller. Burial will be in Round Grove Cemetery with full military, honors. The family will receive friends from 7 to 8 p.m. Monday at the funeral home.

Memorial contributions may be made to the American Cancer Society. Charlotta Dunn Charlotta Dunn, 61, of Everton, passed away at 11:35 p.m. Wednesday, Nov. 3, 2004, in her sister's home at Pleasant Hope, Mo. Memorial graveside services will be at 4 p.m.

Tuesday, Nov. 9, 2004, in Mt. Comfort Cemetery, north of Springfield, under direction of Birch Funeral Home of Ash Grove. Acknowledge the loss, celebrate the life. For information regarding obituaries or memorials, please call (417)836-1183.

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