Jerry and Patricia A. Dixon, et al. - Page 8

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          Cravenses than respondent’s 7-percent reduction project                     
          settlement offer, which had been available to Kersting project              
          participants during 1982 through 1988.                                      
               In Dixon II, the Court sustained almost all of respondent’s            
          deficiency determinations in the test cases.  After the Court               
          entered decisions for respondent in the test cases in accordance            
          with Dixon II, respondent’s management discovered the Thompson              
          and Cravens settlements and disclosed them to the Court.  On June           
          9, 1992, respondent filed motions for leave to file motions to              
          vacate the decisions entered against the Thompsons, the                     
          Cravenses, and another test case petitioner, Ralph J. Rina                  
          (Rina).  Respondent asked the Court to conduct an evidentiary               
          hearing to determine whether the undisclosed agreements with the            
          Thompsons and the Cravenses had affected the trial of the test              
          cases or the opinion of the Court.  In the meantime (on May 14,             
          1992), the other test case petitioners, who continued to be                 
          represented by Izen, had appealed the Court’s decisions against             
          them.                                                                       
               On June 22, 1992, the Court granted respondent’s motions to            
          vacate the decisions filed in the Thompson and Cravens cases and            
          denied respondent’s request for an evidentiary hearing.  By order           
          dated June 22, 1992, the Court also denied respondent’s motion to           
          vacate the decision against Rina, on the ground that the                    
          testimony, stipulated facts, and exhibits relating to the                   






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