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participating nontest case petitioner clients and numerous other
nontest case petitioners labeled “intervenors”. Because the
Court had not entered decisions in any of the nontest cases
(pending final disposition of the test cases), the Court rejected
the notices of appeal filed on behalf of nontest case
petitioners. However, in response to a motion filed by Attorney
Sticht, see supra note 4, the Court certified for interlocutory
appeal certain orders it had issued in the participating nontest
case petitioners’ cases in connection with the evidentiary
hearing, thereby enabling those petitioners to apply to the Court
of Appeals for immediate review. See sec. 7482(a)(2)(A).
On the basis of this Court’s certification order, Izen and
Jones (as well as Sticht) continued their efforts on behalf of
nontest case petitioners in the Court of Appeals. Izen submitted
to that court a “Notice of Appeal of Certain Intervenors” bearing
docket No. 00-70858 (the docket number the Court of Appeals had
assigned to the test case appeal). Izen purported to submit that
document on behalf of not only the Adairs, but also nontest case
petitioners in more than 450 docketed cases who had not
participated in the evidentiary hearing and whose cases therefore
were not included in the certification order. Jones submitted
“notices of appeal” on behalf of the four Jones petitioners,
which the Court of Appeals construed as petitions for permission
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Last modified: May 25, 2011