Alban Tractor Co, et al v. C&G Excavating, Inc., et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:91-cv-00720-REP
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Parties
No Logo ALBAN TRACTOR Company, Inc., Plaintiff

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space Richard John Barrett +1 757 446 8600
Space George William Birkhead +1 757 446 8600
Space William Edward Franczek +1 757 446 8600 bfranczek@vanblk.com
Space Richard Gregory McNeer, Jr. +1 757 446 8600
No Logo The United States of America for the use and benefit of Alban Tractor Company, Inc., Plaintiff

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space Richard John Barrett +1 757 446 8600
Space George William Birkhead +1 757 446 8600
Space William Edward Franczek +1 757 446 8600 bfranczek@vanblk.com
Space Richard Gregory McNeer, Jr. +1 757 446 8600
No Logo C&G Excavating, Inc., Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300

Represented by Mattioni, Ltd.

Name Phone Fax E-Mail
Space Stephen M. Martin +1 215 629 1600 stephenmmartin@hotmail.com
Space Dante Mattioni +1 215 629 1600
No Logo Dredge AMBER II, her engine, tackle, appurtenances, etc., in rem, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300
No Logo International Fidelity Insurance Company (Surety), Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300
v.
No Logo C&G Excavating, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300

Represented by Mattioni, Ltd.

Name Phone Fax E-Mail
Space Stephen M. Martin +1 215 629 1600 stephenmmartin@hotmail.com
Space Dante Mattioni +1 215 629 1600
No Logo Dredge AMBER II, her engine, tackle, appurtenances, etc., in rem, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300
No Logo ALBAN TRACTOR Company, Inc., Counter-Defendant

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space Richard John Barrett +1 757 446 8600
Space George William Birkhead +1 757 446 8600
Space William Edward Franczek +1 757 446 8600 bfranczek@vanblk.com
Space Richard Gregory McNeer, Jr. +1 757 446 8600
No Logo The United States of America for the use and benefit of Alban Tractor Company, Inc., Counter-Defendant

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space Richard John Barrett +1 757 446 8600
Space George William Birkhead +1 757 446 8600
Space William Edward Franczek +1 757 446 8600 bfranczek@vanblk.com
Space Richard Gregory McNeer, Jr. +1 757 446 8600
No Logo Davis Boat Works, Inc., Cross-Defendant

Represented by Davey & Brogan PC

Name Phone Fax E-Mail
Space Philip Norton Davey +1 757 622 0100 +1 757 622 4924 pdavey@daveybroganpc.com
No Logo Hoffman Industries Inc., Cross-Defendant

Represented by The Strong Law Firm

Name Phone Fax E-Mail
Space Michael Ruxton Strong +1 703 204 2040 +1 703 204 1979 stronglawbk@gmail.com
No Logo Hull and Cargo Surveyors, Inc., Cross-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James David Crutchfield +1 215 387 4848
Other Parties
No Logo ALBAN TRACTOR Company, Inc., Third Party Plaintiff

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space George William Birkhead +1 757 446 8600
Space William Edward Franczek +1 757 446 8600 bfranczek@vanblk.com
Space Richard Gregory McNeer, Jr. +1 757 446 8600
No Logo C&G Excavating, Inc., Third Party Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300

Represented by Mattioni, Ltd.

Name Phone Fax E-Mail
Space Stephen M. Martin +1 215 629 1600 stephenmmartin@hotmail.com
Space Dante Mattioni +1 215 629 1600
No Logo The United States of America for the use and benefit of Alban Tractor Company, Inc., Third Party Plaintiff

Represented by Vandeventer Black LLP

Name Phone Fax E-Mail
Space George William Birkhead +1 757 446 8600
Space William Edward Franczek +1 757 446 8600 bfranczek@vanblk.com
Space Richard Gregory McNeer, Jr. +1 757 446 8600
No Logo C&G Excavating, Inc., Cross-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300

Represented by Mattioni, Ltd.

Name Phone Fax E-Mail
Space Stephen M. Martin +1 215 629 1600 stephenmmartin@hotmail.com
Space Dante Mattioni +1 215 629 1600
No Logo Davis Boat Works, Inc., Third Party Defendant

Represented by Davey & Brogan PC

Name Phone Fax E-Mail
Space Philip Norton Davey +1 757 622 0100 +1 757 622 4924 pdavey@daveybroganpc.com
No Logo Hoffman Industries Inc., Third Party Defendant

Represented by The Strong Law Firm

Name Phone Fax E-Mail
Space Michael Ruxton Strong +1 703 204 2040 +1 703 204 1979 stronglawbk@gmail.com
No Logo Hull and Cargo Surveyors, Inc., Third Party Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James David Crutchfield +1 215 387 4848
Attributes
Office Norfolk
Filed 10/25/1991
Jury Demand Both
Demand $118000
Nature of Suit 130 - Contract - Surety
Cause Section 28 U.S.C. § 1352 Miller Act
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Out of State
Terminated 5/7/1993
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (170) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 5/11/1993, Entered: 5/20/1993 Docket Annotation
Notice of financial deputy re: disbursement of funds in the sum of $21,583.10, etc. (rlam)
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Blank 123 Filed: 5/7/1993, Entered: 5/20/1993 OrderCourt Filing
ORDER, that all claims involved have been settled as to all parties; Dismissing with prejudice all claims, including cross-claims, counterclaims and third-party claims remaining in this case; that the money heretofore deposited by the Clerk of this Court in a Money Market Business Account with any interest accrued thereon, is hereby awarded, by the agreement of the parties, to C & C Excavating, Inc., and is released from escrow, and the Clerk shall immediately cause the same to be paid to the order of C & G Excavating, Inc. and Mattioni, Mattioni & Mattioni, Ltd, entered and filed May 7, 1993 o.b. ( signed by Judge Robert E. Payne ) Copies Mailed: 5/7/93 (rlam)
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Blank -- Filed: 5/7/1993, Entered: 5/20/1993 Terminated Case
Case closed (rlam)
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Blank -- Filed: 5/7/1993, Entered: 5/20/1993 Case Assigned/Reassigned
CASE assigned to Judge Robert E. Payne (rlam)
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Blank -- Filed: 3/26/1993, Entered: 4/13/1993 Minutes-Miscellaneous
COURT PROCEEDINGS - Robert E. Payne, Judge. S. Borden, Reporter. Counsel appeared. Minute entry: [120-1] motion by Hoffman Industries for Summary Judgment under advisement, [109-2] motion by Hull and Cargo for Summary Judgment under advisement, [112-1] motion by Alban Tractor, Alban Tractor Co for Summary Judgment under advisement, [105-1] motion by Davis Boat Works for Summary Judgment under advisement, [95-1] motion by Hoffman Industries in Limine for entry of an order denying admissibility of certain evidence proffered and/or expected of C&G Excavating at trial re: any claims of loss of use of the dredge, etc. under advisement, [93-1] motion by Davis Boat Works in Limine for entry of an order prohibiting third-party plaintiff, C & G Excavating from offering evidence at trial re: damages for loss to dredge sand in Rudee Inlet under advisement. Court ruled on motions. Rulings stated into record. Court will prepare order. (rlam)
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Blank -- Filed: 3/26/1993, Entered: 4/13/1993 Motion Hearing
Motion hearing held re: [109-2] motion by Hull and Cargo for Summary Judgment by Hull and Cargo, [112-1] motion by Alban Tractor, Alban Tractor Co for Summary Judgment by Alban Tractor Co, Alban Tractor, [105-1] motion by Davis Boat Works for Summary Judgment by Davis Boat Works, [95-1] motion by Hoffman Industries in Limine for entry of an order denying admissibility of certain evidence proffered and/or expected of C&G Excavating at trial re: any claims of loss of use of the dredge, etc. by Hoffman Industries, [93-1] motion by Davis Boat Works in Limine for entry of an order prohibiting third-party plaintiff, C & G Excavating from offering evidence at trial re: damages for loss to dredge sand in Rudee Inlet by Davis Boat Works, [64-1] motion by Davis Boat Works for Summary Judgment as to C&G's two causes of action v. Davis Boat Works (counts IX and X) by Davis Boat Works (rlam)
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Blank -- Filed: 3/26/1993, Entered: 4/13/1993 Motion Hearing
Motion hearing held re: [120-1] motion by Hoffman Industries for Summary Judgment by Hoffman Industries (rlam)
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Blank -- Filed: 3/26/1993, Entered: 4/13/1993 Motion Hearing
Motion hearing re: [120-1] motion by Hoffman Industries for Summary Judgment set at 11:00 a.m. on 3/26/93 (rlam)
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Blank 122 Filed: 1/15/1993, Entered: 1/22/1993 Notice
NOTICE by Hoffman Industries to take deposition of Charles McNeese (rlam)
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Blank 121 Filed: 1/15/1993, Entered: 1/22/1993 Response to Motion
RESPONSE by C&G Excavating, Inc. to [105-1] motion by Davis Boat Works for Summary Judgment by Davis Boat Works (rlam)
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Blank -- Filed: 1/15/1993, Entered: 1/22/1993 Minutes-Miscellaneous
COURT PROCEEDINGS - REP, judge. S. Borden, Reporter. Counsel appeared. Minute Entry: Came on for hearing on motions for summary judgment and motions in limine. Arguments heard. Court takes matter under advisement. (rlam) Modified on 01/22/1993
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Blank 120 Filed: 1/14/1993, Entered: 1/14/1993 Memorandum in Support
MEMORANDUM by Hoffman Industries in support of [120-1] motion by Hoffman Industries for Summary Judgment by Hoffman Industries, contained in motion. (rlam)
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Blank 120 Filed: 1/14/1993, Entered: 1/14/1993, Terminated: 5/7/1993 Motion for Summary Judgment
MOTION by Hoffman Industries for Summary Judgment (rlam)
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Blank 119 Filed: 1/13/1993, Entered: 1/14/1993 Reply to Response to Motion
REPLY (Rebuttal) by Davis Boat Works to response to [105-1] motion by Davis Boat Works for Summary Judgment by Davis Boat Works, received. (rlam)
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Blank 118 Filed: 1/13/1993, Entered: 1/13/1993 Reply to Response to Motion
REPLY MEMORANDUM by Hull and Cargo to response to [109-1] motion by Hull and Cargo to Dismiss by Hull and Cargo, [109-2] motion by Hull and Cargo for Summary Judgment by Hull and Cargo, received. (rlam)
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Blank 117 Filed: 1/8/1993, Entered: 1/8/1993, Terminated: 5/7/1993 Motion for Miscellaneous Relief
MOTION by C&G Excavating, Inc. to substitute exhibits (rlam)
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Blank 116 Filed: 1/8/1993, Entered: 1/8/1993 Memorandum in Opposition
MEMORANDUM by C&G Excavating, Inc. in opposition to [109-1] motion by Hull and Cargo to Dismiss by Hull and Cargo, [109-2] motion by Hull and Cargo for Summary Judgment by Hull and Cargo, received. (rlam)
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Blank 115 Filed: 1/8/1993, Entered: 1/8/1993 Memorandum in Opposition
MEMORANDUM by C & G Excavating, Inc. in opposition to [112-1] support memorandum by Alban Tractor, Alban Tractor Co, [112-1] motion by Alban Tractor, Alban Tractor Co for Summary Judgment by Alban Tractor, Alban Tractor Co, received. (rlam) Modified on 01/08/1993
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Blank 114 Filed: 1/8/1993, Entered: 1/8/1993 Memorandum in Opposition
MEMORANDUM by C&G Excavating, Inc. in opposition to [105-1] support memorandum by Davis Boat Works, [105-1] motion by Davis Boat Works for Summary Judgment by Davis Boat Works, received. (rlam)
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Blank 113 Filed: 12/22/1992, Entered: 12/29/1992 Miscellaneous Document
Letter MOTION by Hoffman Industries by Hoffman Industries to Extend Time for taking a de bene esse depositoin of Charles McNeese (rlam)
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Blank -- Filed: 12/22/1992, Entered: 12/29/1992 Order
So Ordered: granting [113-1] motion by Hoffman Industries to Extend Time for taking a de bene esse depositoin of Charles McNeese, entered and filed December 22, 1992 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 12/23/92 (rlam)
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Blank 112 Filed: 12/11/1992, Entered: 12/29/1992 Memorandum in Support
MEMORANDUM by Alban Tractor Co, Alban Tractor in support of [112-1] motion by Alban Tractor, Alban Tractor Co for Summary Judgment by Alban Tractor, Alban Tractor Co, contained in motion. (rlam)
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Blank 112 Filed: 12/11/1992, Entered: 12/29/1992 Motion for Summary Judgment
MOTION by Alban Tractor, Alban Tractor Co for Summary Judgment (rlam)
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Blank 111 Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Answer
AMENDED ANSWER to Complaint by Davis Boat Works : amends [52-1] third-party answer by Davis Boat Works (rlam)
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Blank 110 Filed: 12/11/1992, Entered: 12/11/1992 Memorandum in Support
MEMORANDUM by Hull and Cargo in support of [109-1] motion by Hull and Cargo to Dismiss by Hull and Cargo, received. (rlam)
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Blank 109 Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Motion to Dismiss
MOTION by Hull and Cargo to Dismiss , or in the alternative by Hull and Cargo for Summary Judgment (rlam)
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Blank 108 Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Answer to Third-Party Complaint
AMENDED ANSWER by Hull and Cargo to third party complaint: amends [67-1] third-party answer by Hull and Cargo (rlam)
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Blank 108 Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Answer to Crossclaim
Amended ANSWER by Hull and Cargo to [90-1] cross claim by C&G Excavating, Inc. (rlam)
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Blank 108 Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Answer to Counterclaim
Amended ANSWER by Hull and Cargo to [90-1] counter claim by C&G Excavating, Inc. (rlam)
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Blank 108 Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Answer to Third-Party Complaint
AMENDED ANSWER by Hull and Cargo to third party complaint: amends [67-1] third-party answer by Hull and Cargo (rlam)
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Blank 107 Filed: 12/11/1992, Entered: 12/11/1992 Minutes-Miscellaneous
Minute entry of TELEPHONE CONFERENCE HEARING: WTP, USMJ - Hull & Cargo moved (oral motion) for leave to file its Answer to C & G's Amended Third-Party Complaint and its Motion for Summary Judgment and supporting memorandum of law out of time; it is ordered that Hull & Cargo's Answer be filed; that Hull & Cargo's motion for summary judgment and supporting memorandum be filed; that C & G file its response on or before January 8, 1993, and that if its response could not be delivered or mailed in time to reach Mr. Crutchfield by 5:00 p.m. on January 8, 1993, that it be sent by facsimile machine to reach him by that time; that if Hull & Cargo files a rebuttal to C & G's response it be filed on or before January 12, 1993, etc.; the arguments now scheduled to be heard on January 15, 1993, will be hearing on that day; Davis Boat Works moved (oral motion) for leave to file an amended answer for the purpose of asserting a release as an affirmative defense; it is ordered that Davis Boat Wwork's amended answer be filed; Ddavis Boat Works has filed a motion for summary judgment, it is ordered that C & G may respond to that motion on or before January 8, 1993; Alban Tractor will file a motion for summary judgment today (12/11/92); that C & G may respond to that motion on or before January 8, 1993; that C & G's motion for leave to file its responses to the motions for summary judgment of Davis Boat Works and Alban Tractor on or before February 8, 1993, is denied; the motions for summary judgment of Davis Boat Works and Aalban Tractor would not be heard on January 15, 1993; counsel shall schedule a date subsequest to Janaury 15th to argue those motions. (rlam)
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Blank -- Filed: 12/11/1992, Entered: 12/11/1992 Minutes-Miscellaneous
Minute entry continued: Response to Motion reset to 1/8/93 for [109-2] motion by Hull and Cargo for Summary Judgment , and Reply to Response to Motion reset to 1/12/92 for [109-2] motion by Hull and Cargo for Summary Judgment , and Response to Motion reset to 1/8/93 for [105-1] motion by Davis Boat Works for Summary Judgment , and setting Filing deadline to 12/11/92 , and Response to Motion (rlam)
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Blank -- Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Miscellaneous Document
ORAL MOTION by telephone conference by C&G Excavating, Inc. by C&G Excavating, Inc. for Leave to File responses to the motions for summary judgment of Davis Boat Works and Alban Tractor on or before February 8, 1993 (rlam)
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Blank -- Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Miscellaneous Document
ORAL MOTION by telephone conference by Davis Boat Works by Davis Boat Works for Leave to File amended answer for the purpose of asserting a release as an affirmative defense (rlam)
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Blank -- Filed: 12/11/1992, Entered: 12/11/1992, Terminated: 5/7/1993 Miscellaneous Document
ORAL MOTION by telephone conference by Hull and Cargo by Hull and Cargo for Leave to File Answer to C&G's amended third-Party complaint , and by Hull Cargo for Leave to File answer to motion for summary judgment and supporting memorandum of law out of time. (rlam)
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Blank -- Filed: 12/10/1992, Entered: 12/11/1992 Telephone Conference
Telephone-conference held (rlam)
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Blank -- Filed: 12/10/1992, Entered: 12/11/1992 Telephone Conference
Telephone-conference set at 3:00 p.m. on 12/10/92 (rlam)
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Blank 106 Filed: 12/9/1992, Entered: 12/10/1992 Reply to Response to Motion
REPLY by Davis Boat Works to C&G Excavating, Inc.'s [102-1] response to [93-1] motion by Davis Boat Works in Limine for entry of an order third-party plaintiff, C & G Excavating from offering evidence at trial re: damages for loss to dredge sand in Rudee Inlet by Davis Boat Works, received. (rlam)
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Blank 105 Filed: 12/9/1992, Entered: 12/10/1992 Memorandum in Support
MEMORANDUM by Davis Boat Works in support of [105-1] motion by Davis Boat Works for Summary Judgment by Davis Boat Works, contained in motion. (rlam)
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Blank 105 Filed: 12/9/1992, Entered: 12/10/1992 Motion for Summary Judgment
MOTION by Davis Boat Works for Summary Judgment (rlam)
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Blank 104 Filed: 12/9/1992, Entered: 12/10/1992 Motion to Amend/Correct
MOTION by Davis Boat Works to Amend [52-1] third-party answer by Davis Boat Works (rlam)
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Blank -- Filed: 12/7/1992, Entered: 12/10/1992 Docket Annotation
Memorandum in support of motion to dismiss, on behalf of Hull & Cargo Surveyors, Inc., LODGED. (rlam)
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Blank -- Filed: 12/7/1992, Entered: 12/10/1992 Docket Annotation
Motion to dismiss, or, in the alternative for summary judgment, on behalf of Hull & Cargo Surveyors, Inc., LODGED. (rlam)
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Blank -- Filed: 12/7/1992, Entered: 12/10/1992 Docket Annotation
Amended Answer and grounds of defense; Counterclaim; Cross-claim and Third-party claim on behalf of Hull & Cargo Surveyors, Inc., LODGED. (rlam)
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Blank 103 Filed: 11/25/1992, Entered: 11/30/1992 Affidavit
AFFIDAVIT of Carole Todd (Exhibit 1) by C&G Excavating, Inc. Re: [102-1] opposition memorandum by C&G Excavating, Inc. (rlam)
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Blank 102 Filed: 11/25/1992, Entered: 11/30/1992 Memorandum in Opposition
MEMORANDUM by C&G Excavating, Inc. in opposition to [93-1] motion by Davis Boat Works in Limine for entry of an order prohibiting third-party plaintiff, C & G Excavating from offering evidence at trial re: damages for loss to dredge sand in Rudee Inlet by Davis Boat Works, received. (rlam)
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Blank 101 Filed: 11/25/1992, Entered: 11/30/1992 Response to Motion
RESPONSE by C&G Excavating, Inc. to [93-1] motion by Davis Boat Works in Limine for entry of an order prohibiting third-party plaintiff, C & G Excavating from offering evidence at trial re: damages for loss to dredge sand in Rudee Inlet by Davis Boat Works, received. (rlam)
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Blank 100 Filed: 11/25/1992, Entered: 11/30/1992 Response to Motion
RESPONSE by C&G Excavating, Inc. to [95-1] motion by Hoffman Industries in Limine for entry of an order denying admissibility of certain evidence proffered and/or expected of C&G Excavating at trial re: any claims of loss of use of the dredge, etc. by Hoffman Industries, received. (rlam)
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Blank 99 Filed: 11/25/1992, Entered: 11/30/1992 Memorandum in Opposition
MEMORANDUM by C&G Excavating, Inc. in opposition to [95-1] motion by Hoffman Industries in Limine for entry of an order denying admissibility of certain evidence proffered and/or expected of C&G Excavating at trial re: any claims of loss of use of the dredge, etc. by Hoffman Industries, received. (rlam)
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Blank 98 Filed: 11/25/1992, Entered: 11/30/1992 Deposition
DEPOSITION of Carol C. Todd in support of motion in limine. (rlam)
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Blank 97 Filed: 11/25/1992, Entered: 11/30/1992 Deposition
DEPOSITION of George C. Todd in support of motion in limine. (rlam)
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Blank 96 Filed: 11/6/1992, Entered: 11/9/1992 Memorandum in Support
MEMORANDUM by Hoffman Industries in support of [95-1] motion by Hoffman Industries in Limine for entry of an order denying admissibility of certain evidence proffered and/or expected of C&G Excavating at trial re: any claims of loss of use of the dredge, etc. by Hoffman Industries, received. (rlam)
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Blank 95 Filed: 11/6/1992, Entered: 11/9/1992 Motion in Limine
MOTION by Hoffman Industries in Limine for entry of an order denying admissibility of certain evidence proffered and/or expected of C&G Excavating at trial re: any claims of loss of use of the dredge, etc. (rlam)
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Blank 94 Filed: 11/5/1992, Entered: 11/9/1992 Memorandum in Support
MEMORANDUM by Davis Boat Works in support of [93-1] motion by Davis Boat Works in Limine for entry of an order prohibiting third-party plaintiff, C & G Excavating from offering evidence at trial re: damages for loss to dredge sand in Rudee Inlet by Davis Boat Works, received. (rlam)
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Blank 93 Filed: 11/5/1992, Entered: 11/9/1992 Motion in Limine
MOTION by Davis Boat Works in Limine for entry of an order prohibiting third-party plaintiff, C & G Excavating from offering evidence at trial re: damages for loss to dredge sand in Rudee Inlet (rlam)
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Blank 92 Filed: 11/4/1992, Entered: 11/9/1992 Minutes-Miscellaneous
Minute entry of TELEPHONE CONFERENCE HEARING: WPT, USMJ - granting [91-1] motion by Hoffman Industries to Extend Time (to amend the final pretrial order to allow mailing of the Hoffman expert report to all counsel of record on or before November 2, 1992); report shall be filed on November 4, 1992; C & G Excavating may depose the expert witness, whose report is to be produced on November 4, 1992, on or before December 4, 1992; C & G Excavating may retain a counter-expert witness whose report shall be mailed to counsel for Hoffman not later than 21 days after the deposition of Hoffman's expert is taken; Hoffman may depose that counter-expert witness not later than January 15, 1993. (rlam)
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Blank 91 Filed: 11/4/1992, Entered: 11/9/1992 Motion for Extension
MOTION by Hoffman Industries to Extend Time (to amend the final pretrial order to allow mailing of the Hoffman expert report to all counsel of record on or before November 2, 1992) (rlam)
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Blank -- Filed: 11/4/1992, Entered: 11/9/1992 Telephone Conference
Telephone-conference held (rlam)
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Blank 90 Filed: 10/23/1992, Entered: 10/26/1992 Crossclaim
CROSSCLAIM by C&G Excavating, Inc. against Hoffman Industries, Hull and Cargo, Davis Boat Works; jury demand (rlam)
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Blank 90 Filed: 10/23/1992, Entered: 10/26/1992 Counterclaim
COUNTERCLAIM by C&G Excavating, Inc. against Alban Tractor Co, Alban Tractor; jury demand (rlam)
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Blank 90 Filed: 10/23/1992, Entered: 10/26/1992 Third-Party Complaint
AMENDED THIRD-PARTY COMPLAINT by C&G Excavating, Inc. against Hull and Cargo (Answer due 11/9/92 for Hull and Cargo ), : amends [49-1] third-party complaint by C&G Excavating, Inc.; jury demand (rlam)
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Blank 89 Filed: 10/13/1992, Entered: 10/14/1992 OrderCourt Filing
Order on (Second) Supplemental Initial Pretrial Conference Continuing the trial set on November 3, 1992; setting Trial date (with a JURY) at 10:00 a.m. on 4/13/93; and a Supplemental Pretrial conference is set for 11:00 a.m. on 3/26/93; the parties shall file proposed voir dire and jury instructions on or before April 6, 1993; plaintiff granted leave to file an amended third-party complaint against Hull and Cargo Surveyors, Inc. by 10/26/92; if Hull & Cargo files a motion for summary jugment, oral argument shall be held on January 15, 1993, at 11:00 a.m.; if Davis Boat files a motion in limine, oral argument shall be held on January 15, 1993, at 11:00 a.m.; plaintiff may depose Mr. Fife not later than November 27, 1992; Hoffman may depose counter-expert witness not later than January 15, 1993; leave is granted to Hoffman to file a subpoena duces tecum to obtain access to the equipment that its expert witness is to examine; leave is granted to Hoffman to take depositions of Charles or Chuck McNeese and Carroll David on or before December 31, 1992, these depositions may be for the purpose of discovery or for use at trial, entered and filed October 13, 1992 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 10/13/92 (rlam)
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Blank 88 Filed: 10/13/1992, Entered: 10/14/1992 OrderCourt Filing
PARTIAL FINAL PRETRIAL ORDER, held in the presence of counsel on October 9, 1992, entered and filed October 13, 1992 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 10/13/92 (rlam)
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Blank -- Filed: 10/9/1992, Entered: 10/14/1992 Pretrial Conference - Final
Final Pre-Trial Conference held. (rlam)
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Blank 87 Filed: 10/6/1992, Entered: 10/8/1992 OrderCourt Filing
ORDER that the attorney's conference date be changed from September 21, 1992 to September 28, 1992, entered and filed October 6, 1992 ( signed by Judge Robert G. Doumar ) Copies Mailed: 10/6/92 (rlam)
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Blank 86 Filed: 9/25/1992, Entered: 9/25/1992 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 2:00 p.m. on 9/29/92 for [83-1] motion by Hoffman Industries to Compel answers to discovery (rlam)
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Blank 85 Filed: 9/21/1992, Entered: 9/22/1992 Memorandum in Opposition
MEMORANDUM by C&G Excavating, Inc. in opposition to [83-1] motion by Hoffman Industries to Compel answers to discovery by Hoffman Industries, received. (rlam)
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Blank 84 Filed: 9/8/1992, Entered: 9/22/1992 Memorandum in Support
MEMORANDUM by Hoffman Industries in support of [83-1] motion by Hoffman Industries to Compel answers to discovery by Hoffman Industries, received. (rlam)
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Blank 83 Filed: 9/8/1992, Entered: 9/22/1992 Motion to Compel
MOTION by Hoffman Industries to Compel answers to discovery (rlam)
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Blank 82 Filed: 8/28/1992, Entered: 9/1/1992 Affidavit
AFFIDAVIT of George Todd by C&G Excavating, Inc. Re: [80-1] opposition memorandum by C&G Excavating, Inc. (rlam)
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Blank 81 Filed: 8/28/1992, Entered: 9/1/1992 Affidavit
AFFIDAVIT of Carole C. Todd by C&G Excavating, Inc. Re: [80-1] opposition memorandum by C&G Excavating, Inc. (rlam)
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Blank 80 Filed: 8/28/1992, Entered: 9/1/1992 Memorandum in Opposition
MEMORANDUM by C&G Excavating, Inc. in opposition to [64-1] motion by Davis Boat Works for Summary Judgment as to C&G's two causes of action v. Davis Boat Works (counts IX and X) by Davis Boat Works, received. (rlam)
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Blank 79 Filed: 8/27/1992, Entered: 9/1/1992 OrderCourt Filing
ORDER, extending the time for responses to Davis' motion for summary judgment; Response to Motion reset to 8/31/92 for [64-1] motion by Davis Boat Works for Summary Judgment as to C&G's two causes of action v. Davis Boat Works (counts IX and X) ( signed by Judge Robert G. Doumar ) Copies Mailed: 8/28/92 (rlam)
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Blank 78 Filed: 8/21/1992, Entered: 9/1/1992 Docket Annotation
Report of Clerk: Investing Funds in the amount of $21,218.69. Copies mailed counsel. (rlam)
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Blank 77 Filed: 8/21/1992, Entered: 9/1/1992 OrderCourt Filing
REGISTRY ORDER directing the Clerk to deposit the $21,218.69 check (tendered by counsel for U. S. Fire Insurance Co.) in a Money Market Business Account with Crestar Bank, etc.; the funds shall remain in this account until further order of this Court; the Clerk is also directed to withdraw any applicable registry fee on the accrued interest, entered and filed August 21, 1992 o.b. ( signed by Judge John A. MacKenzie ) Copies Mailed: 8/21/92 (rlam)
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Blank 76 Filed: 8/21/1992, Entered: 9/1/1992 Notice
NOTICE by C&G Excavating, Inc., International Fid to take deposition of Russell (Buzz) Sawyer (rlam)
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Blank 75 Filed: 8/21/1992, Entered: 9/1/1992 Notice
NOTICE by C&G Excavating, Inc., International Fid to take deposition of Hoffman Industries, Inc. (rlam)
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Blank 74 Filed: 8/21/1992, Entered: 9/1/1992 Acknowledgment of Service
ACKNOWLEDGEMENT OF SERVICE as to Davis Boat Works 7/16/92 Answer due on 8/5/92 for Davis Boat Works (rlam)
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Blank 73 Filed: 8/21/1992, Entered: 9/1/1992 Acknowledgment of Service
ACKNOWLEDGEMENT OF SERVICE as to Davis Boat Works 7/16/92 Answer due on 8/5/92 for Davis Boat Works (rlam)
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Blank 72 Filed: 8/19/1992, Entered: 9/1/1992 Acknowledgment of Service
ACKNOWLEDGEMENT OF SERVICE as to Hull and Cargo 7/17/92 Answer due on 8/6/92 for Hull and Cargo (rlam)
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Blank 71 Filed: 8/17/1992, Entered: 9/1/1992 OrderCourt Filing
ORDER, setting third-party Defendant, Hull and Cargo Surveyors, Inc.'s discovery cutoff to 9/18/92 , entered August 13, 1992 and filed August 17, 1992 signed by Judge John A. MacKenzie ) Copies Mailed: 8/17/92 (rlam)
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Blank 70 Filed: 8/12/1992, Entered: 9/1/1992 Notice
NOTICE by Hoffman Industries to take deposition of George Todd (rlam)
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Blank 69 Filed: 8/12/1992, Entered: 9/1/1992 Notice
NOTICE by Hoffman Industries to take deposition of Geoff Webster (rlam)
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Blank 68 Filed: 8/10/1992, Entered: 8/10/1992 OrderCourt Filing
ORDER that Hoffman Industries, Inc.'s [53-1] answer to the third-party complaint of C&G Excavating, Inc. against Hoffman be and the same hereby is filed on a timely basis with this court, entered and filed August 10, 1992 ( signed by Judge Robert G. Doumar ) Copies Mailed: 8/10/92 (rlam)
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Blank 67 Filed: 8/7/1992, Entered: 8/10/1992 Answer
ANSWER by Hull and Cargo (Attorney James David Crutchfield) to [49-1] third-party complaint by C&G Excavating, Inc. (rlam) Modified on 08/10/1992
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Blank 66 Filed: 8/6/1992, Entered: 8/10/1992 OrderCourt Filing
ORDER granting [50-1] motion by C&G Excavating, Inc. for Raymond Letulle to Appear Pro Hac Vice; that Dante Mattioni, Esquire, Stephen M. Martin, Esquire and Raymond Letulle, Esquire are admitted pro hac vice in this matter; that local counsel is still required to sign all pleadings and be present at all hearings and matters before the Court in this case, etc., entered and filed August 6, 1992 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 8/10/92 (rlam)
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Blank 65 Filed: 7/31/1992, Entered: 8/4/1992 Affidavit
AFFIDAVIT by Daniel D. Mayhew, Executive V.P. of Davis Boat Works, in support of [64-1] motion by Davis Boat Works for Summary Judgment as to C&G's two causes of action v. Davis Boat Works (counts IX and X) (mwin)
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Blank 64 Filed: 7/31/1992, Entered: 8/4/1992 Memorandum in Support
MEMORANDUM by Davis Boat Works in support of [64-1] motion for Summary Judgment as to C&G's two causes of action v. Davis Boat Works (counts IX and X) (contained in motion) (mwin)
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Blank 64 Filed: 7/31/1992, Entered: 8/4/1992 Motion for Summary Judgment
MOTION by Davis Boat Works for Summary Judgment as to C&G's two causes of action v. Davis Boat Works (counts IX and X) (mwin)
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Blank 63 Filed: 7/31/1992, Entered: 8/4/1992 OrderCourt Filing
ORDER Dismissing without prejudice crossclaim of C & G v. U.S. Fire, North River Insurance and International Marine; dismissing crossclaim of U.S. Fire and International Marine v. C & G; dismissing all counts of the amended complaint of Alban Tractor v. U.S. Fire, North River and International Marine; dismissing counterclaim of U.S. Fire and International Marine v. Alban Tractor; dismissing crossclaim of U.S. Fire and International Marine v. Hoffman Industries; dismissing third-party complaint of U.S. Fire and International Marine v. Davis Boat Works; dismissing without prejudice all claims asserted by and against, and dismissing without prejudice from this civil action U. S. Fire Insurance Co., The North River Insurance Co., and International Marine Underwriters, Inc.; directing U.S. Fire Insurance Co. to pay within 30 days the $21,218.69 remaining unpaid on Alban Tractor's original invoice into the court's registry; or, if agreed by C & G Excavating, Inc., and Alban Tractor Company, Inc., into an interest-bearing account; directing that the funds will be distributed as directed by the court or as subsequently agreed by the parties; exonerating and discharging U.S. Fire Insurance Co., The North River Insurance Co., and International Marine Underwriters, Inc., from any liability to any party for these funds; entered and filed 7/31/92 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 7/31/92. O.B. (mwin)
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Blank 62 Filed: 7/17/1992, Entered: 7/20/1992 Notice
NOTICE by C&G Excavating, Inc., International Fid to take deposition of Alban Tractor representative 7/30/92 (mwin)
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Blank 61 Filed: 7/17/1992, Entered: 7/20/1992 Notice
NOTICE by C&G Excavating, Inc., International Fid to take deposition of Dwight Hall 7/30/92 (mwin)
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Blank 61 Filed: 7/17/1992, Entered: 7/17/1992 Notice
NOTICE by Alban Tractor Co, Alban Tractor to take deposition of Dwight Hall 7/30/92 (mwin)
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Blank 60 Filed: 7/16/1992, Entered: 7/17/1992 OrderCourt Filing
ORDER extending time for filing of responsive pleadings to crossclaim of C & G Excavating, Inc., and setting response deadline to 7/31/92 for U.S. Fire Insurance and North River Ins. ; entered and filed 7/16/92; ( signed by Judge Robert G. Doumar ) Copies Mailed: 7/17/92 (mwin)
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Blank 59 Filed: 7/14/1992, Entered: 7/14/1992 OrderCourt Filing
ORDER (denominated "STIPULATION" extending time to 6/5/92 for C & G Excavating, Inc., to file an answer to Alban Tractor Company's amended complaint; entered and filed 7/14/92 ( signed by Judge Robert G. Doumar ) Copies Mailed: 7/14/92 (See #49, 6/5/92) (mwin) Modified on 07/14/1992
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Blank 58 Filed: 7/13/1992, Entered: 7/14/1992 Notice
AMENDED NOTICE by Alban Tractor Co, Alban Tractor to take deposition of representative of C & G Excavating, Inc., 7/29/92. (mwin)
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Blank 57 Filed: 7/6/1992, Entered: 7/8/1992 Notice
AMENDED NOTICE by Alban Tractor Co, Alban Tractor to take deposition of Carole Todd and George Todd (rlam)
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Blank 56 Filed: 7/6/1992, Entered: 7/8/1992 Notice
NOTICE by Alban Tractor Co, Alban Tractor to take deposition of a representative of C & G Excavating. (rlam)
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Blank 55 Filed: 7/6/1992, Entered: 7/7/1992 OrderCourt Filing
ORDER, setting Answer deadline to 7/6/92 for North River Ins., for U.S. Fire Insurance d/b/a International Marine, etc. to file responsive pleadings to the cross-claim of C & G Excavating, Inc. , entered and filed July 6, 1992 ( signed by Judge Robert G. Doumar ) Copies Mailed: 7/7/92 (rlam)
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Blank 54 Filed: 6/30/1992, Entered: 7/2/1992 Answer to Counterclaim
ANSWER by Alban Tractor Co, Alban Tractor to [49-1] counter claim by C&G Excavating, Inc. (rlam)
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Blank 53 Filed: 6/25/1992, Entered: 7/2/1992 Answer
ANSWER by Hoffman Industries to [49-1] third-party complaint by C&G Excavating, Inc. (rlam)
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Blank 52 Filed: 6/23/1992, Entered: 7/2/1992 Answer
ANSWER by Davis Boat Works to [49-1] third-party complaint by C&G Excavating, Inc. (rlam)
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Blank 51 Filed: 6/23/1992, Entered: 7/2/1992 Affidavit
AFFIDAVIT by Raymond Letulle, Esquire Re: [50-1] motion by for Raymond Letulle to Appear Pro Hac Vice on behalf of C&G Excavating, Inc. (rlam)
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Blank 50 Filed: 6/23/1992, Entered: 7/2/1992, Terminated: 8/6/1992 Motion for Pro Hac Vice
MOTION by C&G Excavating, Inc. for Raymond Letulle to Appear Pro Hac Vice (rlam)
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Blank -- Filed: 6/11/1992, Entered: 6/11/1992 Summons Issued
THIRD-PARTY SUMMONS(ES) with 2 copies, issued and delivered counsel (Harlan & Assoc.) for service on Hull and Cargo, and Davis Boat Works. Magistrate's notice. (rlam)
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Blank 49 Filed: 6/5/1992, Entered: 6/5/1992 Jury Demand
DEMAND for jury trial by C&G Excavating, Inc. (rlam)
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Blank 49 Filed: 6/5/1992, Entered: 6/5/1992 Third-Party Complaint
THIRD-PARTY COMPLAINT by C&G Excavating, Inc. against Hull and Cargo, Davis Boat Works (rlam)
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Blank 49 Filed: 6/5/1992, Entered: 6/5/1992 Crossclaim
CROSSCLAIM by C&G Excavating, Inc. against U.S. Fire Insurance, North River Ins. and Hoffman Industries, Inc. (rlam) Modified on 06/05/1992
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Blank 49 Filed: 6/5/1992, Entered: 6/5/1992 Counterclaim
COUNTERCLAIM by C&G Excavating, Inc. against Alban Tractor Co, Alban Tractor (rlam)
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Blank 49 Filed: 6/5/1992, Entered: 6/5/1992, Terminated: 5/7/1993 Answer to Amended Complaint
ANSWER by C&G Excavating, Inc. to amended complaint, filed subject to defect. (rlam)
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Blank 48 Filed: 6/5/1992, Entered: 6/5/1992 OrderCourt Filing
ORDER setting the third-party defendant, David Boat Works, Inc. discovery cut-off setting Discovery deadline to 8/24/92 , entered and filed June 5, 1992 ( signed by Judge John A. MacKenzie ) Copies Mailed: 6/5/92 (rlam)
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Blank 47 Filed: 6/5/1992, Entered: 6/5/1992 Judgment*
JUDGMENT order granting summary judgment for International Fidelity Insurance Co. against Alban Tractor Co, Alban Tractor, entered June 4, 1992 and filed June 5, 1992. O.B. Copies Mailed: 6/5/92 (rlam)
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Blank 46 Filed: 6/4/1992, Entered: 6/5/1992 Notice
NOTICE by Alban Tractor Co, Alban Tractor to take deposition of representative of C&G Excavating, Inc. (rlam)
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Blank 45 Filed: 6/4/1992, Entered: 6/5/1992 Notice
NOTICE by Alban Tractor Co, Alban Tractor to take deposition of George & Carole Todd (rlam)
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Blank 44 Filed: 6/4/1992, Entered: 6/5/1992 OrderCourt Filing
ORDER adopting and approving in full the findings and recommendations set forth in the report and recommendation of the U. S. Mag. Judge filed April 28, 1992; granting [10-1] motion for Summary Judgment, entered and filed June 4, 1992 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 6/5/92 (rlam)
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Blank 43 Filed: 6/2/1992, Entered: 6/2/1992 Memorandum in Support
MEMORANDUM by Davis Boat Works in support of [43-1] motion to Dismiss by Davis Boat Works (contained in motion) (rlam)
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Blank 43 Filed: 6/2/1992, Entered: 6/2/1992, Terminated: 5/7/1993 Motion to Dismiss
MOTION by Davis Boat Works to Dismiss (rlam)
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Blank 42 Filed: 6/2/1992, Entered: 6/2/1992 OrderCourt Filing
Order on Supplemental Initial Pretrial Conference setting Trial date 10:00 a.m. on 11/3/92, with a JURY ; Final Pretrial conference for 11:00 a.m. on 10/9/92 ; all de bene esse depositions shall be concluded on or before September 7, 1992; Discovery cutoff for defendant 8/24/92 ; Discovery cutoff for plaintiff 8/24/92 ; plaintiff shall respond to presently pending discovery propounded by Hoffman Industries, Inc. on or before June 1, 1992; and third-party action, etc. shall be filed on or before June 5, 1992; with the agreement of counsel, defendant The North River Insurance Co., d/b/a International Marine Underwriters, is hereby dismissed without prejudice; all dates established by the order on initial pretrial conference, entered January 27, 1992 are hereby CANCELLED, entered May 13, 1992 and filed June 2, 1992 ( signed by Judge Richard B. Kellam ) Copies Mailed: 6/2/92 (rlam) Modified on 06/11/1992
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Blank 41 Filed: 5/29/1992, Entered: 6/2/1992 OrderCourt Filing
ORDER granting leave to Amend [35-1] answer by North River Ins., U.S. Fire Insurance to include the defense, etc., entered and filed May 29, 1992 ( signed by Judge Robert G. Doumar ) Copies Mailed: 6/2/92 (rlam)
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Blank 40 Filed: 5/27/1992, Entered: 6/2/1992 Answer to Crossclaim
ANSWER by Hoffman Industries to [36-1] cross claim by North River Ins., U.S. Fire Insurance (rlam)
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Blank 39 Filed: 5/20/1992, Entered: 5/22/1992 Summons Returned Executed
SUMMONS Returned Executed as to Davis Boat Works 5/13/92 Answer due on 6/2/92 for Davis Boat Works (rlam)
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Blank -- Filed: 5/13/1992, Entered: 5/14/1992 Pretrial Conference - Initial
Initial pretrial conference held (rlam)
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Blank -- Filed: 5/11/1992, Entered: 5/11/1992 Summons Issued
SUMMONS(ES), with 1 copy, issued and delivered counsel for service on Davis Boat Works. Magistrate's notice. (rlam)
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Blank 38 Filed: 5/8/1992, Entered: 5/11/1992 Third-Party Complaint
THIRD-PARTY COMPLAINT by U.S. Fire Insurance against Davis Boat Works (rlam) Modified on 05/11/1992
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Blank 37 Filed: 5/8/1992, Entered: 5/11/1992 Crossclaim
CROSSCLAIM by U.S. Fire Insurance and The North River Insurance Company d/b/a/ International Mmarine Underwriters, Inc. against C&G Excavating, Inc. (rlam) Modified on 05/11/1992
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Blank 36 Filed: 5/8/1992, Entered: 5/11/1992 Crossclaim
CROSSCLAIM by U.S. Fire Insurance and The North River Insurance Co. d/b/a International Marine Underwriters, Inc. against Hoffman Industries (rlam) Modified on 05/11/1992
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Blank 35 Filed: 5/8/1992, Entered: 5/11/1992, Terminated: 5/29/1992 Answer
ANSWER to Complaint and COUNTERCLAIM by U.S. Fire Insurance, North River Ins. (Attorney Andrew Jackson Timms, Denham Arthur Kelsey, C. Michael Johnson) against Alban Tractor Co, Alban Tractor (rlam)
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Blank 34 Filed: 5/7/1992, Entered: 5/11/1992 Summons Returned Executed
SUMMONS Returned Executed as to U.S. Fire Insurance, North River Ins. d/b/a International Marine Underwriters, Inc. 4/14/92 (rlam)
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Blank 33 Filed: 4/30/1992, Entered: 5/1/1992 OrderCourt Filing
ORDER extending Answer deadline to 5/11/92 for North River Ins., for U.S. Fire Insurance , entered April 29, 1992 and filed April 30, 1992. ( signed by Judge John A. MacKenzie ) Copies Mailed: 5/1/92 (rlam)
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Blank 32 Filed: 4/28/1992, Entered: 4/28/1992 Miscellaneous DocumentCourt Filing
REPORT AND RECOMMENDATIONS of Magistrate Judge Tommy E. Miller Re: [10-1] motion for Summary Judgment ; Motion no longer referred Objections to R and R due by 5/15/92, entered and filed April 28, 1992. Copies Mailed: 4/28/92 (rlam)
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Blank -- Filed: 4/17/1992, Entered: 4/21/1992 Pretrial Conference - Initial
Supplemental Initial pretrial conference set at 10:00 a.m. on 5/13/92 (rlam)
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Blank 31 Filed: 4/15/1992, Entered: 4/15/1992 Affidavit
AFFIDAVIT of Craig A. Styer by C&G Excavating, Inc. Re: [28-1] motion for Dante Mattioni, Stephen Martin and Craig Styer to Appear Hac Vice by C&G Excavating, Inc. (rlam)
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Blank 30 Filed: 4/15/1992, Entered: 4/15/1992 Affidavit
AFFIDAVIT of Stephen M. Martin by C&G Excavating, Inc. Re: [28-1] motion for Dante Mattioni, Stephen Martin and Craig Styer to Appear Hac Vice by C&G Excavating, Inc. (rlam)
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Blank 29 Filed: 4/15/1992, Entered: 4/15/1992 Affidavit
AFFIDAVIT of Dante Mattioni by C&G Excavating, Inc. Re: [28-1] motion for Dante Mattioni, Stephen Martin and Craig Styer to Appear Hac Vice by C&G Excavating, Inc. (rlam)
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Blank 28 Filed: 4/15/1992, Entered: 4/15/1992, Terminated: 8/6/1992 Motion for Pro Hac Vice
MOTION by C&G Excavating, Inc. for Dante Mattioni, Stephen Martin and Craig Styer to Appear Pro Hac Vice (rlam)
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Blank -- Filed: 4/10/1992, Entered: 4/10/1992 Summons Issued
SUMMONS(ES), on amended complaint, with 2 copies, issued and delivered counsel for service on U.S. Fire Insurance and North River Ins. Magistrate's notice. (rlam)
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Blank 27 Filed: 4/8/1992, Entered: 4/10/1992 Amended Complaint
AMENDED COMPLAINT by Alban Tractor Co, Alban Tractor amending [1-1] complaint against U.S. Fire Insurance, North River Ins. ; (rlam)
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Blank 26 Filed: 4/8/1992, Entered: 4/9/1992 OrderCourt Filing
ORDER granting [14-1] motion to Amend [1-1] complaint; directing the Clerk to file the amended complaint, which was filed by the Clerk "Subject to Defect"; directing the plaintiff to perfect service on International Marine Underwriters ("IMU") within 10 days of this order so that the trial of this case may go forth on July 14, 1992 as scheduled; directing the plaintiff to contact the docket clerk and arrange for a supplemental initial pretrial conference as soon as possible, etc., entered and filed April 8, 1992. ( signed by Magistrate Judge Tommy E. Miller ) Copies 4/9/92 (rlam)
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Blank 25 Filed: 4/6/1992, Entered: 4/7/1992 Notice
NOTICE by Alban Tractor Co, Alban Tractor to take deposition of Carole Todd and George Todd (rlam)
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Blank 24 Filed: 4/6/1992, Entered: 4/7/1992 Notice
NOTICE by Alban Tractor Co, Alban Tractor to take deposition of rep. of C&G Excavating, Inc. (rlam)
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Blank 23 Filed: 3/27/1992, Entered: 3/27/1992 OrderCourt Filing
ORDER [10-1] motion for Summary Judgment referred to a United States Magistrate Judge ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/27/92 (rlam)
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Blank 22 Filed: 3/27/1992, Entered: 3/27/1992, Terminated: 5/7/1993 Answer
ANSWER to Complaint by Hoffman Industries (Attorney Michael Ruxton Strong), (rlam)
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Blank -- Filed: 3/27/1992, Entered: 3/27/1992 Motions Referred
Motion(s) referred: [10-1] motion for Summary Judgment referred to Magistrate Judge Tommy E. Miller (rlam)
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Blank 21 Filed: 3/24/1992, Entered: 3/27/1992 Notice
NOTICE by C&G Excavating, Inc., International Fid to take deposition of rep. of Alban Tractor Company (rlam)
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Blank 20 Filed: 3/16/1992, Entered: 3/27/1992 Summons Returned Executed
SUMMONS Returned Executed as to Hoffman Industries 3/9/92 Answer due on 3/30/92 for Hoffman Industries (rlam)
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Blank 19 Filed: 3/9/1992, Entered: 3/12/1992 Notice
NOTICE by C&G Excavating, Inc., International Fid to take deposition of Dwight Hall (rlam)
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Blank 18 Filed: 3/9/1992, Entered: 3/12/1992 Notice
NOTICE by C&G Excavating, Inc., International Fid to take deposition of John Stevenson (rlam)
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Blank 17 Filed: 3/3/1992, Entered: 3/12/1992 Motion to Quash
MOTION by Alban Tractor Co to Quash , and for Protective Order (rlam)
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Blank -- Filed: 2/28/1992, Entered: 2/28/1992 Summons Issued
SUMMONS(ES) with 1 copy, issued and delivered counsel for plaintiff for service on Hoffman Industries. Magistrate's notice. (rlam)
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Blank 16 Filed: 2/27/1992, Entered: 2/28/1992 Amended Complaint
AMENDED COMPLAINT by Alban Tractor Co, Alban Tractor amending [1-1] complaint, filed subject to defect. (rlam)
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Blank 15 Filed: 2/27/1992, Entered: 2/28/1992 Memorandum in Support
MEMORANDUM by Alban Tractor Co, Alban Tractor in support of [14-1] motion to Amend [1-1] complaint by Alban Tractor, Alban Tractor Co., received. (rlam)
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Blank 14 Filed: 2/27/1992, Entered: 2/28/1992, Terminated: 4/8/1992 Motion to Amend/Correct
MOTION by Alban Tractor Co, Alban Tractor to Amend [1-1] complaint (rlam)
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Blank 13 Filed: 2/27/1992, Entered: 2/28/1992 Third-Party Complaint
THIRD-PARTY COMPLAINT by Alban Tractor Co, Alban Tractor against Hoffman Industries (rlam)
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Blank 12 Filed: 2/24/1992, Entered: 2/26/1992 Memorandum in Opposition
MEMORANDUM by Alban Tractor Co, Alban Tractor in opposition to [10-1] motion for Summary Judgment by International Fidelity, received. (rlam)
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Blank 11 Filed: 2/7/1992, Entered: 2/10/1992 Memorandum in Support
MEMORANDUM by International Fid in support of [10-1] motion for Summary Judgment by International Fidelity Insurance Company, received. (rlam)
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Blank 10 Filed: 2/7/1992, Entered: 2/10/1992, Terminated: 6/4/1992 Motion for Summary Judgment
MOTION by International Fid for Summary Judgment (rlam)
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Blank 9 Filed: 2/4/1992, Entered: 2/10/1992 OrderCourt Filing
Order on Initial Pretrial Conference setting Trial date 10:00 on 7/14/92; trial by jury has been demanded; Pretrial conference for 10:30 on 6/19/92; all de bene esse depositions shall be concluded on or before May 22, 1992; Discovery cutoff for defendant 5/8/92 ; Discovery cutoff plaintiff 5/8/92; and third-party action, etc. shall be filed on or before 2/27/92; Contemplated motion for summary judgment filing deadline on 2/10/92; plaintiff's brief in opposition shall be received on or before 2/24/92; if no hearing is arranged by 2/26/92, the Clerk shall refer the file on 2/28/92 to one of the judges for decision on the memoranda submitted, entered January 27, 1992 and filed February 4, 1992. ( signed by Judge John A. MacKenzie ) Copies Mailed: 2/4/92 (rlam)
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Blank -- Filed: 1/27/1992, Entered: 2/10/1992 Pretrial Conference - Final
Pre-Trial Conference held (rlam)
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Blank -- Filed: 1/16/1992, Entered: 1/17/1992 Pretrial Conference - Initial
Initial pretrial conference set at 2:30 p.m. on 1/27/92. (rlam)
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Blank 7 Filed: 1/14/1992, Entered: 1/15/1992 OrderCourt Filing
ORDER, setting Counterclaim deadline 1/10/92 , entered January 13, 1992 and filed January 14, 1992 ( signed by Judge John A. MacKenzie ) Copies Mailed: 1/15/92 (rlam)
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Blank 8 Filed: 1/10/1992, Entered: 1/15/1992 Answer to Counterclaim
ANSWER by Alban Tractor Co to [6-2] counter claim by AMBER II, International Fid, C&G Excavating, Inc. (rlam)
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Blank -- Filed: 1/7/1992, Entered: 1/7/1992 Docket Annotation
Referred for initial pretrial conference. (rlam)
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Blank 6 Filed: 12/6/1991, Entered: 12/16/1991 Answer
ANSWER to Complaint; jury demand and COUNTERCLAIM by C&G Excavating, Inc., International Fid, AMBER II (Attorney Thomas John Harlan Jr.) against Alban Tractor Company. Ser. 12/6/91,m. (rlam)
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Blank 5 Filed: 11/18/1991, Entered: 11/20/1991 Certificate Of Service.
Certificate of Compliance of the Secretary of the Commonwealth as to C&G Excavating, Inc. Answer due 12/9/91 for C&G Excavating, Inc. (rlam)
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Blank 4 Filed: 11/12/1991, Entered: 11/20/1991 Summons Returned Executed
SUMMONS Returned Executed as to International Fid 11/6/91 Answer due on 11/26/91 for International Fid (rlam)
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Blank 3 Filed: 11/12/1991, Entered: 11/20/1991 Summons Returned Executed
SUMMONS Returned Executed as to C&G Excavating, Inc. 11/1/91; by service on the Secretary of the Commonwealth. (rlam)
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Blank -- Filed: 10/30/1991, Entered: 11/12/1991 Summons Issued
SUMMONS(ES) (Duplicate) with 1 copy, issued and delivered counsel for International Fidelity Insurance Company. Magistrate's notice. (rlam)
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Blank -- Filed: 10/30/1991, Entered: 11/12/1991 Summons Issued
SUMMONS(ES) with 1 copy issued and delivered counsel for C&G Excavating, Inc. Magistrate's notice. (rlam)
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Blank 2 Filed: 10/25/1991, Entered: 11/12/1991 Docket Annotation
Affidavit for service of process on the Secretary of the Commonwealth. (rlam)
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Blank 1 Filed: 10/25/1991, Entered: 11/12/1991 Complaint
COMPLAINT - Filing fee $120.00, Receipt #02026, Vandeventer, Black, Mmeredith & Martin. (rlam)
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