Jesse M. and Lura L. Lewis - Page 47

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          stated above, petitioners are not entitled to relief from the               
          contracts by which they settled their cases.                                
               Petitioners are no more successful with their related                  
          argument that, “Under this sanction [i.e., the Court of Appeals’            
          mandate that the Thompson settlement be extended to all parties             
          properly before that court] it would be unfair, inequitable, and            
          more of a ‘reward’ than a ‘sanction’ to exclude settled                     
          petitioners.”  They urge that they “have paid in substantial                
          monies and suffered damages to their legal rights equivalent to             
          those who have withheld monies.  Clearly, the Ninth Circuit would           
          have decreed exclusion of settled cases in the event it                     
          considered their remedies not cognizable by this Trial Court.”              
          We disagree.                                                                
               The Court of Appeals’ direction that the equivalent of the             
          Thompson settlement be extended to “appellants and all other                
          taxpayers properly before this Court” by its terms excludes those           
          who knowingly settled their cases after the predicate facts of              
          the fraud on the Court were disclosed.  The language of the Court           
          of Appeals confirms our view that petitioners’ legal predicament            
          differs fundamentally from the posture of those who did not                 
          settle.  Petitioners’ cases are closed; in contrast, the cases of           
          those who did not settle are still open.  Under the doctrine of             
          finality discussed above, we find no significance in the fact               
          that the Court of Appeals did not specifically exclude already-             






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