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of Appeals stayed the proceedings in docket No. 00-70858 (the
test case appeal) pending resolution of the various nontest case
matters. Izen and respondent contested the jurisdictional issue
in the Adair appeal over the next several months.
In an order dated May 10, 2001, the Court of Appeals decreed
that the Jones petitioners’ interlocutory appeals (as well as
those filed by Sticht) “shall be held in abeyance pending
resolution of the appeal in no. 00-70858” (the test case appeal).
On November 20, 2001, the Court of Appeals issued a similar order
in the Adair appeal. The next day, the Court of Appeals lifted
the stay of proceedings in the test case appeal.
Meanwhile, in January 2001, the Defense Fund, acting through
a five-person “steering committee” following Kersting’s death in
March 2000, had retained attorney Michael Louis Minns (Minns) to
replace Izen. Although Minns entered appearances in the test
case appeal on behalf of the Dixons, DuFresnes, Owenses, and
Hongsermeiers, Izen remained counsel of record for the Youngs in
that appeal (and counsel of record in the Adair appeal).
On or about April 16, 2001, Izen sent a demand letter to the
Defense Fund requesting payment of alleged outstanding fees. In
a subsequent lawsuit (filed in the District Court of Harris
County, Texas) against the Defense Fund, members of its steering
committee, and its business manager, Izen alleged that as of
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Last modified: May 25, 2011