Court of Common Pleas Benjamin H. Culbertson, Circuit Court Judge Case No. 2007-CP-26-7459 Clint A. Chestnut, Rebatt Frankie Jefford, Mary Lou Nance, Margaret Ramsey, Nicholas Ramsey, Harold Cushman, Julia Edwards, Don Emery, Eula Cooke, and Glenda Rabon Harper, Individually and as Class Representati ves Appellants,

PERSONALL Y appeared before me, Lynn C. Benton, who being duly sworn, deposes and says that she is an employee of KELAHER, CONNELL & CONNOR, P.C., Attorneys at Law, and that she has served the Appellants' Reply Brief on the Respondents, through their attorney of record, by depositing a copy of same in the United States Mail, postage prepaid, to: Brad A. De Vore, Esquire Richard E. Morton, Esquire Womble Carlyle Sandridge & Rice, PLLC 3500 One Wells Fargo Center 301 South College Street Charlotte, NC 28202-6037 Date of Mailing Svp.~ / ~ C"j$ ~ ~~on SWQlN to before me this gday of September, 2012 ~.

RE: Clint A. Chestnut, et ai, Appellant, v. A VX Corporation, Respondent Case Tracking No. 2012-212143 Case No. 2007-CP-26-7459 Our File No. 20007-0500C Dear Ms. Kitchings: Enclosed please find the following:

SG Court ot ApPl1atS Please file the originals and return a clocked copy of each of these documents in the envelope provided for your convenience.

Pleadings in a case should be construed liberally and the Court must presume all well pled facts to be true so that substantial justice is done between the parties.

Where there is a cause for doubt or it is clear that the ends of justice may well be promoted by a trial on the merits, a demurrer should be denied especially when novel issues are presented or involved.

The Lower Court did not decide to dismiss the case on this ground and, because Respondents did not raise it by filing a Notice of Appeal, it cannot be the basis for their Brief.

Gray v. Southern Facilities, 256 S.C. 558, The Supreme Court opines nuisance claim allowable without physical damage to the 183 S.E.2d 438 (1971) property.

Court of Common Pleas Benjamin H. Culbertson, Circuit Court Judge Case No. 2007-CP-26-7459 Clint A. Chestnut, Rebatt Frankie Jefford, Mary Lou Nance, Margaret Ramsey, Nicholas Ramsey, Harold Cushman, Julia Edwards, Don Emery, Eula Cooke, and Glenda Rabon Harper, Individually and as Class Representati ves Appellants,

Accordingly, Appellants request this court expedite the handling of this case due to the substantial public interest regarding property owners who.have made claims for damages by being in proximity to pollution from the A YX Plant in Myrtle Beach, sc.

Court of Common Pleas Benjamin H. Culbertson, Circuit Court Judge Case No. 2007-CP-26-7459 Clint A. Chestnut, Rebatt Frankie Jefford, Mary Lou Nance, Margaret Ramsey, Nicholas Ramsey, Harold Cushman, Julia Edwards, Don Emery, Eula Cooke, and Glenda Rabon Harper, Individually and as Class Representati ves Appellants,

PERSONALLY appeared before me, Lynn C. Benton, who being duly sworn, deposes and says that she is an employee of KELAHER, CONNELL & CONNOR, P.c., Attorneys at Law, and that she has served the Appellants' Reply to Respondent's Return to Appellants' Motion to Expedite Appeal on the Respondents, through their attorney of record, by depositing a copy of same in the United States Mail, postage prepaid, to: Brad A. De Vore, Esquire Richard E. Morton, Esquire Womble Carlyle Sandridge & Rice, PLLC 3500 One Wells Fargo Center 301 South College Street Charlotte, NC 28202-6037 tlECE1V"Fl) SEPl 0 2012 SC Court ot A\l~~a\S Date ofMailing:Sp~ 7 ,2012 ~ Lynn IThnton Notary Publi or South Carolina 0/111" My Commission Expires:

Court of Common Pleas Benjamin H. Culbertson, Circuit Court Judge Case No. 2007-CP-26-7459 Clint A. Chestnut, Rebatt Frankie Jefford, Mary Lou Nance, Margaret Ramsey, Nicholas Ramsey, Harold Cushman, Julia Edwards, Don Emery, Eula Cooke, and Glenda Rabon Harper, Individually and as Class Representati ves Appellants,

Accordingly, Appellants request this court expedite the handling of this case due to the substantial public interest regarding property owners who.have made claims for damages by being in proximity to pollution from the A YX Plant in Myrtle Beach, sc.

Court of Common Pleas Benjamin H. Culbertson, Circuit Court Judge Case No. 2007-CP-26-7459 Clint A. Chestnut, Rebatt Frankie Jefford, Mary Lou Nance, Margaret Ramsey, Nicholas Ramsey, Harold Cushman, Julia Edwards, Don Emery, Eula Cooke, and Glenda Rabon Harper, Individually and as Class Representati ves Appellants,

PERSONALLY appeared before me, Lynn C. Benton, who being duly sworn, deposes and says that she is an employee of KELAHER, CONNELL & CONNOR, P.c., Attorneys at Law, and that she has served the Appellants' Reply to Respondent's Return to Appellants' Motion to Expedite Appeal on the Respondents, through their attorney of record, by depositing a copy of same in the United States Mail, postage prepaid, to: Brad A. De Vore, Esquire Richard E. Morton, Esquire Womble Carlyle Sandridge & Rice, PLLC 3500 One Wells Fargo Center 301 South College Street Charlotte, NC 28202-6037 tlECE1V"Fl) SEPl 0 2012 SC Court ot A\l~~a\S Date ofMailing:Sp~ 7 ,2012 ~ Lynn IThnton Notary Publi or South Carolina 0/111" My Commission Expires:

SG Courtof Appeals - ( Clint A. Chestnut, Rebatt Frankie Jefford, Mary Lou Nance, - Margaret Ramsey, Nicholas Ramsey, Harold Cushman, Julia Edwards, Don Emery, Eula Cooke and Glenda Rabon Harper, Individually and as Class Members ....................................................... Appellants,

I certify that I have served the Initial Brief of Respondent and Respondent's Designation of Matter to be Included in the Record on Appeal on Appellants by depositing a copy of it in the United States Mail, postage prepaid, on August 30, 2012, addressed to their attorneys of record Gene M. Connell, Jr. and L. Sidney Connor, IV of Kelaher Connell & Connor PC, P. O. Drawer 14547, Surfside Beach, SC 29587-4547.

v, A VX Corporation; 2007 -CP-26-74S9 Appeal from Horry County Court of Common Pleas Appellate Case No. 2012-212143 Dear Ms. Kitchings: Enclosed is an original and one (1) copy ofInitial Brief of Re~pondent and Designation of Matter to be Included in the Record on Appeal.

We would appreciate your filing same and returning a stamped copy to us in the enclosed postage-paid envelope.