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petitioners they would withdraw as counsel because of a
disagreement with Mr. Kersting. Mr. Kersting then engaged
attorney Joe Alfred Izen, Jr. (Mr. Izen), to represent the test
case petitioners at trial.
The Thompsons Hire Mr. DeCastro
The Thompsons and the Cravenses did not engage Messrs.
Chicoine and Hallett. Instead, Mr. Huestis helped the Thompsons
find attorney Luis C. DeCastro (Mr. DeCastro) as their
replacement for Mr. Seery. In November 1986, the Thompsons
engaged Mr. DeCastro to represent them before this Court. The
Cravenses did not hire counsel to represent them in their test
cases. Thus, most of the test case petitioners, including the
Dixons, continued to be represented by an attorney selected by
Mr. Kersting. The Thompsons and the Cravenses, however,
continued as test case petitioners who were not represented by
counsel engaged by Mr. Kersting.
The Thompson Settlement
In December 1986, Mr. McWade and his supervisor, District
Counsel William A. Sims (Mr. Sims), entered into contingent
settlement agreements with the Cravenses regarding their test
cases and with Mr. DeCastro regarding the Thompsons’ test cases.
For purposes of the present motions, only the details of the
Thompson settlement are relevant, but we must describe it in some
detail. By December 1986, Mr. McWade had negotiated a settlement
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