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Following a conference call with the parties on March 20,
1995, the parties were ordered to file a stipulation of facts
with respect to items of net worth reported by petitioners on
attachment II of their amendment to motion. They were further
ordered to file a stipulation of facts regarding the issue of
attorney's fees paid or incurred by petitioners. If the parties
could not stipulate facts with respect to either issue, they were
ordered to file a status report with the Court on or before
May 1, 1995.
On May 1, 1995, the parties participated in a conference
call, during which they agreed to stipulate certain items of net
worth reported on attachment II of petitioners' amendment to
motion. The parties also agreed to stipulate that petitioners
paid or incurred fees in this matter. The parties disagreed,
however, as to the proper method for determining the acquisition
cost of specific items on attachment II of petitioners' amendment
to motion. With respect to these items, the parties were ordered
to file, on or before June 1, 1995, simultaneous memoranda of
law, and, on or before July 3, 1995, answering memoranda of law.
B. Discussion
As an initial matter, we reject respondent's argument that
it was improper for us to have vacated the decision of
February 9, 1994, thereby allowing petitioners to file their
motion for award of reasonable litigation costs. This Court may,
in its sound discretion, set aside a decision that has not yet
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