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Actor sues over alleged dangerous dust in 'Apes' shoot

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Actor sues over alleged dangerous dust in 'Apes' shoot

By ANTHONY BREZNICAN AP Entertainment Writer

Published 3:10 p.m. PST Thursday, Jan. 31, 2002

LOS ANGELES (AP) - A background actor from last summer's " Planet of the

Apes " movie accused the filmmakers of harming him and hundreds of others

with dust used in a climactic desert fight scene.

seeks unspecified damages from studio Fox Entertainment Group

for alleged fraud, battery, conspiracy and negligence, according to the

proposed class-action lawsuit filed Tuesday.

About 80,000 pounds of Fuller's Earth, a sedimentary clay used for absorbing

chemicals and oils, were tossed into the air with giant wind machines during

the production, the lawsuit said.

Extras involved in the scene - a battle between human slaves and their ape

rulers - were exposed to the dust for hours at a time without breathing

masks, according to the lawsuit.

As a result, said he suffered lingering eye irritation and respiratory

problems.

It is unclear, however, whether other background performers have joined the

lawsuit. 's attorney did not immediately return calls for comment.

Fuller's Earth is routinely used to produce dust effects in movies. The

International Cinematographers Guild recommends limited use of the product

and only in well-ventilated areas. The guild also suggests that crews wear

proper breathing protection.

Limited exposure to the clay is not dangerous except for those with chronic

asthma or other respiratory ailments. Fuller's Earth is also used in some

cat litter and oily skin health treatments, and the dust is not toxic unless

previously used to soak up a poison.

alleges he was exposed to the dust for 10 to 12 days at six or eight

hours at a time. He and other extras were paid about $8 an hour.

Fox officials did not immediately return calls for comment.

The 2001 movie, a remake of the 1968 Charlton Heston thriller, chronicled

the adventures of an Earth astronaut (Mark Wahlberg) who lands on a planet

populated by intelligent primates who enslaved a race of humans.

Directed by Tim Burton, best known for 1988's " Batman, " the $100-million

sci-fi adventure earned about $180 million domestically.

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