Jerry and Patricia A. Dixon, et al - Page 71




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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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