Jerry and Patricia A. Dixon, et al. - Page 11

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               On appeal, the test case petitioners represented by Izen               
          argued that the trial of the test cases had been tainted by the             
          Thompson and Cravens settlements.  The Court of Appeals for the             
          Ninth Circuit agreed, vacating the decisions in the remaining               
          test cases and remanding them to this Court with directions “to             
          conduct an evidentiary hearing to determine the full extent of              
          the admitted wrong done by the government trial lawyers.”                   
          DuFresne v. Commissioner, 26 F.3d at 107.  The Court of Appeals,            
          citing Arizona v. Fulminante, 499 U.S. 279, 309 (1991), directed            
          the Court to consider “whether the extent of misconduct rises to            
          the level of a structural defect voiding the judgment as                    
          fundamentally unfair, or whether, despite the government’s                  
          misconduct, the judgment can be upheld as harmless error.”  Id.             
          Further, the Court of Appeals directed this Court to consider on            
          the merits all motions of intervention filed by affected parties.           
          See id.                                                                     
               For purposes of the evidentiary hearing mandated by the                
          Court of Appeals in DuFresne, and to give effect to the direction           
          of the Court of Appeals regarding intervention, this Court                  
          ordered that the cases of 10 nontest case petitioners, one docket           



               7(...continued)                                                        
          attorneys, encompassing both the original project settlement                
          offer (7-percent reductions) and other settlements obtained by              
          DeCastro and by Chicoine and Hallett (on the order of 20-percent            
          reductions).                                                                





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