Jerry and Patricia A. Dixon, et al. - Page 22

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          proceedings before the Court of Appeals and before this Court.              
          We therefore hold that the issue in the cases at hand was covered           
          by necessary implication by the opinion of the Court of Appeals             
          in Dixon V and by its most recent primary mandate.  Consequently,           
          the Dixon V mandate bars this Court from considering petitioners’           
          requests in the cases at hand to conduct a further inquiry into             
          respondent’s alleged continued misconduct and to impose sanctions           
          against respondent for misconduct alleged to have occurred                  
          following the trial, opinion, and original decisions in the test            
          cases.                                                                      
               Petitioners do not argue in their motion for reconsideration           
          that further inquiry into respondent’s alleged continued                    
          misconduct would be necessary or helpful in obtaining a better or           
          more accurate sense of the terms and application of the Thompson            
          settlement.  Nor do we believe such an inquiry would have any               
          such effect.  In these circumstances, to engage in a further                
          inquiry in the cases at hand (which encompass all pending cases             
          in the Kersting project in which final decisions have not been              
          entered) with a view to imposing additional sanctions on                    
          respondent would be inconsistent with and beyond the scope of the           
          mandate of the Court of Appeals in Dixon V.  The decision by the            
          Court of Appeals in Dixon V not to address Izen’s complaints                
          about this Court’s restraints on his discovery efforts--which               








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