BOT, Sht Mtl Wkr Nat, et al v. Frost Duct Works, In, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:95-cv-01267-LMB
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Summary

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Parties
No Logo Board of Trustees, National Stabilization Agreement of Sheet Metal Industry Trust Fund, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward John O'Connell, III +1 703 739 7171
Space Seth B. Popkin +1 703 739 7171

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
No Logo Board of Trustees, National Training Fund for the Sheet Metal and Air Conditioning Industry, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward John O'Connell, III +1 703 739 7171
Space Seth B. Popkin +1 703 739 7171

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
No Logo Board of Trustees, Sheet Metal Occupational Health Institute Trust Fund, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward John O'Connell, III +1 703 739 7171
Space Seth B. Popkin +1 703 739 7171

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
No Logo Board of Trustees, Sheet Metal Workers International Trust Fund for Legal Services, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward John O'Connell, III +1 703 739 7171
Space Seth B. Popkin +1 703 739 7171

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
No Logo Board of Trustees, Sheet Metal Workers International Trust Fund for Prescription Drugs, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward John O'Connell, III +1 703 739 7171
Space Seth B. Popkin +1 703 739 7171

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
No Logo Board of Trustees, Sheet Metal Workers National Cola Fund, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward John O'Connell, III +1 703 739 7171
Space Seth B. Popkin +1 703 739 7171

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
No Logo Board of Trustees, Sheet Metal Workers' National Pension Fund, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward John O'Connell, III +1 703 739 7171
Space Seth B. Popkin +1 703 739 7171

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
No Logo BOT, Nat Ene Man, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward John O'Connell, III +1 703 739 7171
Space Seth B. Popkin +1 703 739 7171

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
v.
No Logo Frost Sheet Metal Company, Inc., Defendant
Attributes
Office Alexandria
Filed 9/14/1995
Jury Demand None
Demand $0
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jurisdiction Federal Question
Disposition Dismissed - Other
County Fairfax
Terminated 10/29/1996
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (54) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 45 Filed: 11/22/1996, Entered: 11/22/1996 OrderCourt Filing
ORDER granting [42-1] motion to Withdraw filed by Sheldon I. Cohen, counsel for deft. ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes (psid)
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Blank -- Filed: 11/22/1996, Entered: 11/26/1996 Minutes-Miscellaneous
Minute entry: (TCB). Reporter: Rudiger & Green. Tape#: 347. Appearances: counsel for deft. Matter came on for Atty. Cohen motion to withdraw as counsel for deft: uncontested & GRANTED. Order to be entered. (lbac)
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Blank 44 Filed: 11/12/1996, Entered: 11/14/1996 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 11/22/96 for [42-1] motion to Withdraw filed by Sheldon I. Cohen, counsel for deft. (clerk)
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Blank 43 Filed: 11/12/1996, Entered: 11/14/1996 Memorandum in Support
MEMORANDUM in support of [42-1] motion to Withdraw filed by Sheldon I. Cohen, counsel for deft. (clerk)
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Blank 42 Filed: 11/12/1996, Entered: 11/14/1996, Terminated: 11/22/1996 Motion to Withdraw
MOTION to Withdraw filed by Sheldon I. Cohen, counsel for deft. (clerk)
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Blank 41 Filed: 10/29/1996, Entered: 10/29/1996 Judgment*Court Filing
CONSENT JUDGMENT that deft Frost Sheet shall be liable to pltfs for the judgment entered in pltfs' favor on 6/3/96, against Frost Duct; and it is further Ordered that deft shall pay to pltfs an additional sum of $5,000 as atty's fees and costs incurred by pltfs to obtain this judgment. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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Blank -- Filed: 10/29/1996, Entered: 10/29/1996 Terminated Case
Case closed, all pleadings accounted for (psid)
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Blank -- Filed: 10/29/1996, Entered: 10/29/1996 Case Assigned/Reassigned
CASE assigned to Judge Leonie M. Brinkema (psid)
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Blank 40 Filed: 10/7/1996, Entered: 10/9/1996 OrderCourt Filing
ORDER that the pretrial shall be continued for ten days, through and including Thursday 10/17/96. ent-filed ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (psid)
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Blank -- Filed: 9/19/1996, Entered: 9/19/1996 Pretrial Conference - Final
Pre-Trial Conference held (AVB) Appearances: Counsel. Counsel advised that the case probably was settled - will notify court within 10 days. (psid)
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Blank 39 Filed: 8/21/1996, Entered: 8/22/1996 Docket Annotation
Notice of withdrawl of pltfs' second motion to compel (clerk)
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Blank 38 Filed: 8/19/1996, Entered: 8/20/1996 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 8/23/96 for [36-1] motion by pltfs. to Compel discovery from Frost Sheet Metal Co. (clerk)
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Blank 37 Filed: 8/19/1996, Entered: 8/20/1996 Memorandum in Support
MEMORANDUM by BOT, Sht Mtl Wkr Nat, BOT, Sht Mtl Col, BOT, Nat Sta Agr, BOT, Nat Trn Fund, BOT, Nat Ene Man, BOT, Sht Mtl Px Drgs, BOT, Sht Mtl Leg Svc, BOT, Sht Mtl Occ in support of [36-1] motion by pltfs. to Compel discovery from Frost Sheet Metal Co. by plaintiffsssssss with declaration of Richard S. Edelman (clerk)
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Blank 36 Filed: 8/19/1996, Entered: 8/20/1996 Motion to Compel
SECOND MOTION by pltfs. to Compel discovery from Frost Sheet Metal Co. (clerk)
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Blank 35 Filed: 8/13/1996, Entered: 8/16/1996 OrderCourt Filing
ORDER granting [31-1] motion by plaintiffs to Extend Time for discovery through and until 9/13/96. ent-filed ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (psid)
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Blank 34 Filed: 8/12/1996, Entered: 8/16/1996 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 8/16/96 for [31-1] motion by plaintiffs to Extend Time for discovery (psid)
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Blank 33 Filed: 8/12/1996, Entered: 8/13/1996 Memorandum in Support
MEMORANDUM by pltfs in support of [31-1] motion by plaintiffs unopposed motion to Extend Time for discovery (psid)
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Blank 32 Filed: 8/12/1996, Entered: 8/13/1996 Notice of Appearance
NOTICE of Attorney Appearance for BOT, Sht Mtl Wkr Nat, BOT, Sht Mtl Col, BOT, Nat Sta Agr, BOT, Nat Trn Fund, BOT, Nat Ene Man, BOT, Sht Mtl Px Drgs, BOT, Sht Mtl Leg Svc, BOT, Sht Mtl Occ by John O'Brien Clarke Jr. (psid)
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Blank 31 Filed: 8/12/1996, Entered: 8/13/1996, Terminated: 8/13/1996 Motion for Extension
UNOPPOSED MOTION by plaintiffs to Extend Time for discovery (psid)
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Blank 30 Filed: 7/17/1996, Entered: 7/19/1996 Transcript
TRANSCRIPT proceedings for dates of 7/12/96 (TRJ) (psid)
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Blank 29 Filed: 7/17/1996, Entered: 7/17/1996 Reply to Response to Motion
REPLY by Frost Sheet Metal Co to pltfs rebuttal to [22-1] motion by pltfs. to request for atty's fees and motion to compel discovery (psid)
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Blank 28 Filed: 7/16/1996, Entered: 7/17/1996 Reply to Response to Motion
Pltfs REBUTTAL to opposition to request for atty's fees in pltfs motion to compel discovery (psid)
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Blank 27 Filed: 7/15/1996, Entered: 7/16/1996 Order
ORDER granting in part, denying in part [22-1] motion by pltfs. to Compel discovery from Frost Sheet Metal Co. (TRJ) Copies Mailed: y (dana)
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Blank 26 Filed: 7/15/1996, Entered: 7/15/1996 Memorandum in Opposition
MEMORANDUM by Frost Sheet Metal Co in opposition to request for atty's fees in pltfs' motion to compel discovery (psid)
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Blank -- Filed: 7/12/1996, Entered: 7/16/1996 Minutes-Miscellaneous
Minute entry: Mag. Judge Jones. Rpt: Rudiger and Green. Appearance of counsel. Matter heard and pltf's. motion to compel discovery from Frost Sheet Metal Co: argued and Granted in part and Denied in part. The matter of attorney fees are taken under advisement. (dana)
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Blank 25 Filed: 7/11/1996, Entered: 7/11/1996 Reply to Response to Motion
REPLY to response to [22-1] motion by pltfs. to Compel discovery from Frost Sheet Metal Co. by plaintiffsssssss (clerk)
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Blank 24 Filed: 7/10/1996, Entered: 7/10/1996 Memorandum in Opposition
MEMORANDUM by Frost Sheet Metal Co in opposition to [22-1] motion by pltfs. to Compel discovery from Frost Sheet Metal Co. by plaintiffsssssss (clerk)
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Blank 23 Filed: 7/8/1996, Entered: 7/9/1996 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 7/12/96 for [22-1] motion by pltfs. to Compel discovery from Frost Sheet Metal Co. (clerk)
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Blank 22 Filed: 7/8/1996, Entered: 7/9/1996, Terminated: 7/15/1996 Motion to Compel
MOTION by pltfs. to Compel discovery from Frost Sheet Metal Co. (clerk)
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Blank 21 Filed: 6/3/1996, Entered: 6/3/1996 Judgment*Court Filing
JUDGMENT and ORDER that the Court adopts the Magistrate Judge's Report and recommendation and grants pltfs' motion for default judgment against Frost Duct Works, Inc. and that judgment by default is hereby entered in the above-captioned case in favor of pltfs and against deft and deft Frost Duct Works shall pay to pltfs $114,168.41. (See Order for details) ent-filed Frost Duct Works, In ( signed by Judge Leonie M. Brinkema Copies Mailed: yes (psid)
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Blank 20 Filed: 6/3/1996, Entered: 6/3/1996 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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Blank 19 Filed: 5/6/1996, Entered: 5/6/1996 Miscellaneous DocumentCourt Filing
REPORT AND RECOMMENDATIONS of Magistrate Judge W. C. Sewell Re: [16-1] motion by pltfs. for Default Judgment as to deft. Frost Duct Works with affidavit of Edward O'Connell III and John Holback ; Motion no longer referred Objections to R and R due by 5/17/96 Copies Mailed: yes (file sent to JCC) (psid)
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Blank 18 Filed: 5/1/1996, Entered: 5/1/1996 Scheduling OrderCourt Filing
SCHEDULING ORDER setting Discovery cutoff 8/30/96 ; Pretrial Conference for 12:45 9/19/96 ; ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (psid)
LREF
Blank -- Filed: 4/25/1996, Entered: 5/23/1996 Minutes-Miscellaneous
Minute entry: (WCS). Reporter: Rudiger & Green. Appearance: counsel for pltf. Matter came on for Pltfs' motion for default Judgment: uncontested & granted. Order to be entered. (lbac)
LREF
Blank -- Filed: 4/25/1996, Entered: 5/20/1996 Minutes-Miscellaneous
Minute entry: Reporter Rudiger and Green. Appearances of counsel for pltf's. motion for default judgment - granted as to frost duct workers. (nbla) Modified on 05/20/1996
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Blank 17 Filed: 4/22/1996, Entered: 4/22/1996 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 4/25/96 for [16-1] motion by pltfs. for Default Judgment as to deft. Frost Duct Works with affidavit of Edward O'Connell III and John Holback (clerk) Modified on 05/01/1996
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Blank 16 Filed: 4/22/1996, Entered: 4/22/1996, Terminated: 10/29/1996 Motion for Default Judgment
MOTION by pltfs. for Default Judgment as to deft. Frost Duct Works with affidavit of Edward O'Connell III and John Holback (clerk) Modified on 05/01/1996
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Blank 15 Filed: 4/8/1996, Entered: 4/8/1996, Terminated: 10/29/1996 Answer to Amended Complaint
ANSWER by Frost Sheet Metal Co to amended complaint (psid)
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Blank 14 Filed: 3/19/1996, Entered: 3/20/1996 OrderCourt Filing
CONSENT ORDER that the time in which deft, Frost Sheet Metal Co. may file a responsive pleading to the amended complaint be and is hereby extended to and including 4/8/96. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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Blank 13 Filed: 3/19/1996, Entered: 3/20/1996 Summons Returned Executed
SUMMONS Returned Executed as to Frost Sheet Metal Co 3/5/96 Answer due on 3/25/96 for Frost Sheet Metal Co (psid)
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Blank 12 Filed: 2/22/1996, Entered: 2/23/1996 Amended Complaint
AMENDED COMPLAINT by BOT, Sht Mtl Wkr Nat, BOT, Sht Mtl Col, BOT, Nat Sta Agr, BOT, Nat Trn Fund, BOT, Nat Ene Man, BOT, Sht Mtl Px Drgs, BOT, Sht Mtl Leg Svc, BOT, Sht Mtl Occ amending [1-1] complaint against Frost Sheet Metal Co ; (psid)
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Blank -- Filed: 2/22/1996, Entered: 2/23/1996 Summons Issued
SUMMONS(ES) (orig & 1) issued given to atty for service by SPS Gotcha Legal Process on Amended Complaint as to deft, Frost Sheet Metal Co (*Note: Deft Frost Duct Works need not be served because no new claims have been asserted against them pursuant to Rule 5 and atty Edward O'Connell*) (psid)
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Blank 11 Filed: 2/2/1996, Entered: 2/8/1996 OrderCourt Filing
CONSENT ORDER that the manner in which the deft. is named in the caption of this action is erroneous and should be amended; That the default entered by the Clerk on 10/18/95, against Frost Duct Works, Inc., deleting any reference to Frost Sheet Metal Company, Inc.; That to the extent that a default was entered against Frost Sheet Metal Company, Inc., said default be and hereby is set aside; That the default entered by the Clerk on 10/18/95, against Frost Duct Works, Inc., shall continue in full force and effect from that date forward, as amended herein; That within 20 days of the date of entry of this order, Pltfs. shall be permitted to file an Amended Complaint for the purpose of amending the caption of this action to name Frost Duct Works, Inc. and Frost Sheet Metal Company, INc. as separate defts...That the amended complaint that pltfs. are hereby permitted to file shall have no effect upon the default that has previously been entered against Frost Duct Works, Inc. and that is amended hereby (see order for details) - ent. & filed ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes (ltun)
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Blank 10 Filed: 1/26/1996, Entered: 1/30/1996 Notice
NOTICE of by BOT, Sht Mtl Wkr Nat, BOT, Sht Mtl Col, BOT, Nat Sta Agr, BOT, Nat Trn Fund, BOT, Nat Ene Man, BOT, Sht Mtl Px Drgs, BOT, Sht Mtl Leg Svc, BOT, Sht Mtl Occ subtitution of Jill P. Baskin as counsel of record and entering the appearance of Seth B. Popkin. (ltun)
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Blank 9 Filed: 1/22/1996, Entered: 1/22/1996 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 1/26/96 for [7-1] motion by Frost Duct Works, In to set aside entry of default judgment (clerk)
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Blank 8 Filed: 1/22/1996, Entered: 1/22/1996 Memorandum in Support
MEMORANDUM by Frost Duct Works, In in support of [7-1] motion by Frost Duct Works, In to set aside entry of default judgment by Frost Duct Works, In (clerk)
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Blank 7 Filed: 1/22/1996, Entered: 1/22/1996, Terminated: 10/29/1996 Motion for Miscellaneous Relief
MOTION by Frost Duct Works, In to set aside entry of default judgment (clerk)
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Blank 6 Filed: 10/18/1995, Entered: 10/18/1995 Clerks Entry of Default*
CLERK'S ENTRY OF DEFAULT as to Frost Duct Works, In (psid)
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Blank 5 Filed: 10/17/1995, Entered: 10/18/1995 Request for Entry of Default
MOTION by plaintiffs for Entry of Default and affirmance in support of default as to Frost Duct Works, In (psid)
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Blank 4 Filed: 10/13/1995, Entered: 10/13/1995 Summons Returned Executed
SUMMONS Returned Executed as to Frost Duct Works, In 9/26/95 Answer due on 10/16/95 for Frost Duct Works, In (psid)
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Blank 3 Filed: 9/14/1995, Entered: 9/18/1995 Interrogatories Propounded
INTERROGATORIES propounded by BOT, Sht Mtl Wkr Nat, BOT, Sht Mtl Col, BOT, Nat Sta Agr, BOT, Nat Trn Fund, BOT, Nat Ene Man, BOT, Sht Mtl Px Drgs, BOT, Sht Mtl Leg Svc, BOT, Sht Mtl Occ to Frost Duct Works, In (psid)
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Blank 2 Filed: 9/14/1995, Entered: 9/18/1995 Request for Production of Documents
REQUEST for Production of Documents by BOT, Sht Mtl Wkr Nat, BOT, Sht Mtl Col, BOT, Nat Sta Agr, BOT, Nat Trn Fund, BOT, Nat Ene Man, BOT, Sht Mtl Px Drgs, BOT, Sht Mtl Leg Svc, BOT, Sht Mtl Occ to deft, Frost Duct Works (psid)
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Blank 1 Filed: 9/14/1995, Entered: 9/18/1995 Complaint
COMPLAINT Filing Fee $ 120.00 Receipt # 106211 (psid)
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Blank -- Filed: 9/14/1995, Entered: 10/18/1995 Summons Issued
SUMMONS(ES) (orig & 1) isued and given to atty for service by SPS Gotcha Legal Process as to deft, Frost Duct Works, In (psid)
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