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F. Respondent's Motions To Vacate
On June 9, 1992, respondent filed motions for leave to file
motion to vacate the decisions that the Court had entered against
the Thompsons, the Cravenses, and Mr. Rina. Respondent's motions
included allegations that, before the trial of the test cases,
Messrs. McWade and Sims had entered into contingent settlement
agreements with the Thompsons and the Cravenses that were not
disclosed to the Court or to the other test case petitioners or
their counsel. Respondent requested the Court to conduct an
evidentiary hearing to determine whether the agreements with the
Thompsons and Cravenses had affected the trial of the test cases
or the opinion of the Court.
On June 22, 1992, the Court granted respondent's motions to
vacate filed in the Thompson and Cravens cases, vacated the
decisions entered in those cases, and ordered the parties to file
agreed decisions with the Court, or otherwise move as
appropriate. The Court denied respondent's request for an
evidentiary hearing. Also on June 22, 1992, the Court denied
respondent's motion to vacate the decision entered against
Mr. Rina, stating:
The Court has reviewed the testimony of Cravens,
the testimony of Thompson, the stipulated facts and
stipulated exhibits relating to the Cravenses and the
Thompsons, and the exhibits offered through Thompson as
a witness. The Court finds that these reviewed items
had no material effect on the opinion which the Court
filed on December 11, 1991, as that opinion relates to
petitioner Rina. If the reviewed items were stricken
from the record, the Court would file an opinion in all
material respects like the opinion it filed on
December 11, 1991 (with the exception of certain
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