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Filed: 4/30/1996, Entered: 4/30/1996 |
Docket Annotation |
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Exhibits from 4/21/94 hearing returned to counsel by mail: plaintiff's exhibit #1 to Clark & Stant; defendants' exhibits #1 and #2 to Crenshaw, Ware & Martin (mwin)
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| 108 |
Filed: 4/24/1996, Entered: 4/24/1996 |
Order |
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OPINION AND ORDER granting [97-3] motion by Isabella Servis to Remand; REMANDING this action to Circuit Court of the City of Norfolk; entered and filed 4/24/96 (signed by Judge Robert G. Doumar) Copies Mailed: 4/24/96 to counsel; cert. copy mailed to Norfolk Circuit Court. ob (mwin) Modified on 04/24/1996
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Filed: 4/24/1996, Entered: 4/24/1996 |
Terminated Case |
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Case closed (mwin)
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| -- |
Filed: 4/24/1996, Entered: 4/24/1996 |
Case Assigned/Reassigned |
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CASE assigned to Judge Robert G. Doumar (mwin)
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| 107 |
Filed: 4/15/1996, Entered: 4/15/1996, Terminated: 4/24/1996 |
Answer |
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ANSWER by USA to [94-1] amended third-party complaint of Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. (mwin)
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| 106 |
Filed: 3/8/1996, Entered: 3/8/1996 |
Order |
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ORDER, agreed, granting [102-1] motion; permitting Vandeventer, Black, Meredith & Martin to withdraw and to substitute Crenshaw, Ware and Martin as counsel of record for Norfolk Shipbuilding (terminated attorney George William Birkhead for Norfolk Shipbuilding, attorney Carter T. Gunn for Norfolk Shipbuilding, attorney Carter T. Gunn for Norfolk Shipbuilding, attorney George William Birkhead for Norfolk Shipbuilding); entered and filed 3/8/96 (signed by Judge Robert G. Doumar) Copies Mailed: 3/8/96 (mwin)
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| 105 |
Filed: 3/1/1996, Entered: 3/5/1996 |
Affidavit |
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AFFIDAVIT of Donald C. Schultz, attorney for Hiller Systems Inc., Norfolk Shipbuilding, Jason B. Nuss, Wayne Francis Muth, Edward Speary III, supplementing [100-1] executed summons, certifying service on Attorney General of U.S. by certified mail (mwin)
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Filed: 2/27/1996, Entered: 2/29/1996 |
Set/Reset Deadlines: |
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Deadline updated; [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. under advisement, [97-2] motion by Isabella Servis to Sever third-party action under advisement, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court under advisement, [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court under advisement (mwin)
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Filed: 2/27/1996, Entered: 2/29/1996 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS Minute entry: Judge Robert G. Doumar. Reporter: Sue Ash, official court reporter. Counsel of record present. Matter came on re motions to remand. Argument of counsel heard. Court will prepare opinion and order. Court adjourned. (mwin)
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Filed: 2/27/1996, Entered: 2/29/1996 |
Motion Hearing |
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Motion hearing HELD re: [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint, [97-2] motion by Isabella Servis to Sever third-party action, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court, [102-1] motion by Norfolk Shipbuilding to allow Vandeventer, Black, Meredith & Martin to withdraw and to Substitute Crenshaw, Ware and Martin as counsel for Norfolk Shipbuilding (mwin)
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| 104 |
Filed: 2/26/1996, Entered: 2/26/1996 |
Reply to Response to Motion |
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REPLY by Isabella Servis to supplemental response to [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. [97-2] motion by Isabella Servis to Sever third-party action, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court, [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)
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| 103 |
Filed: 2/23/1996, Entered: 2/23/1996 |
Notice |
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NOTICE of hearing on motion to substitute counsel by Hiller Systems Inc., Norfolk Shipbuilding (mwin)
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| -- |
Filed: 2/23/1996, Entered: 2/23/1996 |
Motion Hearing |
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Motion hearing re: [102-1] motion by Norfolk Shipbuilding to allow Vandeventer, Black, Meredith & Martin to withdraw and to Substitute Crenshaw, Ware and Martin as counsel for Norfolk Shipbuilding set at 2:00 2/27/96, [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. set at 2:00 2/27/96, [97-2] motion by Isabella Servis to Sever third-party action set at 2:00 2/27/96, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court set at 2:00 2/27/96 (Note: [20] motion to remand set previously) (mwin)
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| 102 |
Filed: 2/22/1996, Entered: 2/23/1996, Terminated: 3/8/1996 |
Motion to Substitute Attorney |
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MOTION by Norfolk Shipbuilding to allow Vandeventer, Black, Meredith & Martin to withdraw and to Substitute Crenshaw, Ware and Martin as counsel for Norfolk Shipbuilding (mwin)
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| 101 |
Filed: 2/22/1996, Entered: 2/23/1996 |
Memorandum in Opposition |
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MEMORANDUM by Hiller Systems Inc., Norfolk Shipbuilding, Jason B. Nuss, Wayne Francis Muth, Edward Speary III in opposition to [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint, [97-2] motion by Isabella Servis to Sever third-party action, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court, [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)
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| 100 |
Filed: 2/20/1996, Entered: 2/23/1996 |
Summons Returned Executed |
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THIRD PARTY SUMMONS Returned Executed as to USA by personal service upon "Cleatus Burk, Director of Administration and authorized acceptor for Helen Fahey" (U.S. Attorney) 2/15/96 at 2100 Jamieson Avenue, Alexandria, VA 22314. (Answer due 4/15/96 for USA ) (mwin)
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| 99 |
Filed: 2/15/1996, Entered: 2/20/1996 |
Notice |
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NOTICE of hearing by Isabella Servis (mwin)
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| 98 |
Filed: 2/15/1996, Entered: 2/20/1996 |
Memorandum in Support |
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MEMORANDUM by Isabella Servis in support of [97-1] motion by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc., [97-2] motion by Isabella Servis to Sever third-party action, [97-3] motion by Isabella Servis to Remand original action to Norfolk Circuit Court, received (mwin)
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| 97 |
Filed: 2/15/1996, Entered: 2/20/1996 |
Motion to Strike |
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MOTION by Isabella Servis to Strike [94-1] amended third-party complaint by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Norfolk Shipbuilding, Hiller Systems Inc. , or in the alternative by Isabella Servis to Sever third-party action , and by Isabella Servis to Remand original action to Norfolk Circuit Court (mwin)
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| 96 |
Filed: 2/14/1996, Entered: 2/15/1996 |
Notice |
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Amended NOTICE of hearing 2/27/96, 2:00 on motion to remand, by Isabella Servis (mwin)
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| 95 |
Filed: 2/9/1996, Entered: 2/9/1996 |
Notice |
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NOTICE of hearing on motion to remand by Isabella Servis (mwin)
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| -- |
Filed: 2/9/1996, Entered: 2/9/1996 |
Motion Hearing |
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Motion hearing re: [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court set at 2:00 2/27/96 (mwin)
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| -- |
Filed: 2/9/1996, Entered: 2/9/1996 |
Summons Issued |
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THIRD PARTY SUMMONS with 3 copies issued for United States; Mag. Judge notice; delivered to counsel (mwin)
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| 94 |
Filed: 1/26/1996, Entered: 1/29/1996 |
Third-Party Complaint |
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Amended THIRD-PARTY COMPLAINT by Hiller Systems Inc., Norfolk Shipbuilding, Jason B. Nuss, Wayne Francis Muth, Edward Speary III against United States (mwin)
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| 93 |
Filed: 1/26/1996, Entered: 1/29/1996 |
Answer |
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ANSWER to Complaint by Norfolk Shipbuilding (Attorney Donald Charles Schultz, Guilford D. Ware, Martha Martin Poindexter) (mwin)
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| 92 |
Filed: 1/22/1996, Entered: 1/29/1996 |
Answer |
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ANSWER to Complaint by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III (added Attorney Martha Martin Poindexter) (mwin)
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| 91 |
Filed: 1/22/1996, Entered: 1/25/1996 |
Docket Annotation |
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NOTICE from USCA that Supreme Court order was filed on January 16, 1996, denying certiorari, received. (danc)
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| 90 |
Filed: 1/22/1996, Entered: 1/25/1996 |
USCA Judgment |
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JUDGMENT OF USCA (certified copy) reversing the judgment of the District Court and remanding the case for further proceedings consistent with the opinion filed this date, Re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis. o.b. (danc)
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| 89 |
Filed: 1/22/1996, Entered: 1/25/1996 |
USCA Mandate |
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Opinion of USCA re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis (danc)
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| -- |
Filed: 1/22/1996, Entered: 1/29/1996 |
Case Reopened |
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Case reopened (mwin)
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| 88 |
Filed: 10/23/1995, Entered: 10/25/1995 |
Docket Annotation |
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Notice from USCA stating that they have received notice from the Supreme Court that a petition for writ of certiorari has been filed in this case. (mgra)
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| 87 |
Filed: 7/28/1995, Entered: 7/28/1995 |
Docket Annotation |
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Order from USCA stating that the appellees have filed a motion for stay of mandate pending petition for writ of certiorari; the Court grants the motion and stays issuance of the mandate pending appellees' timely application to the United States Supreme Court for a writ of certiorari. (mgra)
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| 86 |
Filed: 7/21/1995, Entered: 7/25/1995 |
Docket Annotation |
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Order from the USCA denying the petition for rehearing and suggestion for rehearing in banc. (mgra)
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| 85 |
Filed: 7/5/1995, Entered: 7/6/1995 |
Docket Annotation |
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Notice from USCA stating that the mandate in this case will not issue at the scheduled time because a timely petition for rehearing has been filed. (mgra)
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| 84 |
Filed: 6/19/1995, Entered: 6/19/1995 |
Docket Annotation |
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Order from USCA stating that Appellees Hiller Systems, Inc., Norfolk Shipbuilding and Drydock Corporation, Jason B. Nuss, Wayne Francis Muth and Edward Speary, III have filed an unopposed motion to recall the mandate; the Court grants the motion and recalls the mandate issued June 7, 1995. (mgra) Modified on 06/19/1995
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Filed: 6/19/1995, Entered: 6/20/1995 |
Terminated Case |
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Case closed (re-terminated - see USCA order recalling mandate) (mwin)
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| 83 |
Filed: 6/8/1995, Entered: 6/12/1995 |
Docket Annotation |
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Bill of costs from USCA. (mgra)
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| 82 |
Filed: 6/8/1995, Entered: 6/12/1995 |
USCA Judgment |
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JUDGMENT OF USCA (certified copy) stating that the Court reverses the judgment of the District Court and remands the case for further proceedings consistent with the opinion filed, Re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis. o.b. (mgra)
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| 81 |
Filed: 6/8/1995, Entered: 6/12/1995 |
USCA Mandate |
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Opinion of USCA re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis (mgra)
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Filed: 6/8/1995, Entered: 6/13/1995 |
Case Reopened |
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Case reopened (mwin)
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| 80 |
Filed: 5/18/1995, Entered: 5/24/1995 |
USCA Mandate |
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Opinion of USCA re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis (danc)
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| 79 |
Filed: 5/8/1995, Entered: 5/9/1995 |
Reply to Response to Motion |
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REPLY by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to response to [74-1] motion by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202 (closed and on appeal), 2:95cv221 and 2:95cv270, received (mwin)
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| 78 |
Filed: 4/28/1995, Entered: 5/4/1995 |
Memorandum in Support |
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MEMORANDUM by Isabella Servis in support of [77-1] opposition response, received (mwin)
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| 77 |
Filed: 4/28/1995, Entered: 5/4/1995 |
Response in Opposition to Motion |
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RESPONSE by Isabella Servis in opposition to [74-1] motion by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202, 2:95cv221 and 2:95cv270 (conditionally filed-motion responding to was conditionally filed 4/27/95 by Judge Doumar-Case 2:94cv202 is on appeal) (mwin)
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| 76 |
Filed: 4/27/1995, Entered: 4/27/1995 |
Memorandum in Support |
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MEMORANDUM by Figgie International, Inc. (NOT A PARTY in Case No. 2:94cv202) in support of [74-1] motion by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202 (closed and on appeal), 2:95cv221 and 2:95cv270 by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III, received (received 4/14/95, but docketed as of 4/27/95-date [74-1] motion was conditionally filed by Judge Robert G. Doumar) (mwin)
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| 75 |
Filed: 4/27/1995, Entered: 4/27/1995 |
Memorandum in Support |
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MEMORANDUM by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III in support of [74-1] motion by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202 (closed and on appeal), 2:95cv221 and 2:95cv270, received (received 4/14/95, but docketed as of 4/27/95-date [74-1] motion was conditionally filed by Judge Robert G. Doumar) (mwin)
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| 74 |
Filed: 4/27/1995, Entered: 4/27/1995, Terminated: 4/24/1996 |
Motion to Consolidate Cases |
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MOTION by Hiller Systems Inc., Norfolk Shipbuilding, Wayne Francis Muth, Jason B. Nuss, Edward Speary III to Consolidate Cases 2:94cv202 (closed and on appeal), 2:95cv221 and 2:95cv270 (received 4/14/95; CONDITIONALLY FILED 4/27/95 by Judge Robert G. Doumar by notation on face of motion "Conditionally filed to await appeal - as this case is on appeal i.e. 94cv202, ordered filed as to the remaining suits. R. G. Doumar, Apr. 27, 1995" (mwin)
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| 73 |
Filed: 12/27/1994, Entered: 1/3/1995 |
USCA Judgment |
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JUDGMENT OF USCA (copy) GRANTING Valcon Sales and Services, Inc.'s motion to confirm dismissal of Valcon from this appeal, Re: [69-1] appeal by United States, [63-1] appeal by Humphrey, Peter, Isabella Servis (danc)
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Filed: 9/23/1994, Entered: 9/26/1994 |
Certificate of Completion |
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Certificaton of completion sent to USCA re: [69-1] appeal by United States (bwin)
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| 72 |
Filed: 9/7/1994, Entered: 9/7/1994 |
Judgment* |
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JUDGMENT vacating 6/29/94 and 7/29/94 orders to the extent that 6/29/94 and 7/29/94 orders could be interpreted as barring plaintiff from filing otherwise timely suit v. any defendants other than those previously named by plaintiff and dismissed by 6/29/94 order; dismissing plaintiff's complaint with prejudice as to defendants Hiller Systems Incorporated; Norfolk Shipbuilding and Drydock Corporation; Valcon Sales and Services, Inc.; Jason B. Nuss; Wayne Francis Muth; and Edward Speary, III, except the United States of America, but without prejudice as to any claims she may have against others, including the United States of America; entered by the clerk 9/2/94 and filed 9/7/94. Copies Mailed: 9/7/94 (mwin)
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Filed: 9/7/1994, Entered: 9/7/1994 |
Terminated Case |
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Case closed (mwin)
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| 71 |
Filed: 9/2/1994, Entered: 9/6/1994 |
Order |
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ORDER Vacating court's orders of 6/29/94 and 7/29/94 to extent that court's orders could be interpreted as barring Isabella Servis from filing an otherwise timely suit against any defendants other than those previously named by plaintiff and dismissed by order of this court entered 6/29/94; dismissing plaintiff's complaint with prejudice as to defendants named herein, except United States of America, but without prejudice as to any claims she may have against otheres, including United States of America entered and filed 9/2/94 (signed by Judge Robert G. Doumar) Copies Mailed: 9/2/94 (mwin)
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| 70 |
Filed: 9/1/1994, Entered: 9/1/1994 |
Docket Annotation |
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Order from USCA consolidating 94-1979 and 94-2103 for purposes of briefing and oral argument. (mgra)
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Filed: 8/26/1994, Entered: 8/26/1994, Terminated: 4/24/1996 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, transmittal notices, and docket sheet to USCA; copy of notice of appeal, docketing statement, transcript order and docket sheet to Michael A. Rhine, Esq., copy of notice of appeal to all counsel of record, [69-1] appeal by United States (mgra)
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| 69 |
Filed: 8/25/1994, Entered: 8/26/1994 |
Notice of Appeal |
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NOTICE OF APPEAL by United States . (mgra)
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| 68 |
Filed: 8/16/1994, Entered: 8/16/1994 |
USCA Mandate |
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Order from USCA stating that the appellant Isabella Servis, Administratrix of the Estate of Peter Thomas Humphrey, and appellee Valcon Sales and Services, Inc., have filed a stipulation to dismiss Valcon Sales and Services, Inc. as a party to this appeal; granting the stipulation and stating that the appeal shall continue as to the remaining parties. (mgra) Modified on 08/16/1994
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| 67 |
Filed: 8/4/1994, Entered: 8/5/1994 |
Memorandum in Support |
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MEMORANDUM by Isabella Servis in support of [66-1] motion by Isabella Servis to Vacate and set aside that portion of [65-1] order, [62-1] order granting plaintiff leave to amend complaint by 7/29/94 (later 8/15/94), and for dismissal with prejudice as to named defendants only, but without prejudice as to any claims plaintiff may have against others, received (mwin)
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| 66 |
Filed: 8/4/1994, Entered: 8/5/1994 |
Motion to Vacate |
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MOTION for Relief from Order pursuant to 60(b)(4) by Isabella Servis to Vacate and set aside that portion of [65-1] order, [62-1] order granting plaintiff leave to amend complaint by 7/29/94 (later 8/15/94), and for dismissal with prejudice as to named defendants only, but without prejudice as to any claims plaintiff may have against others (mwin)
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| 65 |
Filed: 7/29/1994, Entered: 7/29/1994 |
Order |
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ORDER granting [0-0] oral motion by Isabella Servis to Extend Time to file amended complaint until 8/15/94 (reset Amended Pleadings deadline to 8/15/94) ; entered, filed 7/29/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 7/29/94 (mwin)
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| 64 |
Filed: 7/29/1994, Entered: 7/29/1994 |
Notice |
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NOTICE by Isabella Servis that on 7/29/94, 1:00 p.m., plaintiff will move to enlarge time to file amended complaint (mwin)
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Filed: 7/29/1994, Entered: 7/29/1994 |
Motion Hearing |
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Motion hearing held in chambers of Judge Robert G. Doumar re: [0-0] oral motion by Isabella Servis to Extend Time to file amended complaint (See [65] 7/29/94 order) (mwin)
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Filed: 7/29/1994, Entered: 7/29/1994 |
Motion Hearing |
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Motion hearing re: [0-0] oral motion by Isabella Servis to Extend Time to file amended complaint set at 1:00 7/29/94 (mwin)
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Filed: 7/29/1994, Entered: 7/29/1994, Terminated: 7/29/1994 |
Miscellaneous Document |
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MOTION in chambers by Isabella Servis to Extend Time to file amended complaint (mwin)
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Filed: 7/27/1994, Entered: 7/27/1994, Terminated: 4/24/1996 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, Opinion and Order filed July 6, 1994, transmittal notices and docket sheet to USCA; copy of notice of appeal, docketing statement, receipt and transcript order to Stephen C. Swain, Esq., copy of notice of appeal to all counsel to record, [63-1] appeal by Humphrey, Peter, Isabella Servis (mgra)
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| 63 |
Filed: 7/26/1994, Entered: 7/27/1994 |
Notice of Appeal |
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NOTICE OF APPEAL by Isabella Servis, Humphrey, Peter . FILING FEE $ 105.00 RECEIPT # 8208 (mgra)
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| 62 |
Filed: 7/6/1994, Entered: 7/6/1994 |
Order |
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OPINION AND ORDER - revised; SUBSTITUTED for [59-1] 6/29/94 opinion and order denying plaintiff's motion to remand; granting all defendants' motions for summary judgment, but without prejudice as to defendants' liability, if any, to United States; dismissing third-party complaint of Norfolk Shipbuilding against United States; granting leave to plaintiff to amend complaint to substitute United States as defendant, to be filed within 30 days of order date, with United States to file answer and any third-party claims or other claims within 30 days after filing of any amended complaint; entered NUNC PRO TUNC 6/29/94 on 7/6/94; filed 7/6/94 (signed by Judge Robert G. Doumar ) Copies Mailed: 7/6/94. (mwin)
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| 61 |
Filed: 7/6/1994, Entered: 7/6/1994 |
Order |
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ORDER modifying and correcting 6/29/94 Opinion and Order to clarify record as set forth, and directing that throughout body of 6/29/94 opinion and order, all references to "VSE" be changed to "Valcon"; copy of revised opinion and order attached to order and revised opinion and order substituted for 6/29/94 opinion and order; etc.; entered and filed 7/6/94 (signed by Judge Robert G. Doumar ) Copies Mailed: 7/6/94. (mwin) Modified on 07/06/1994
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| 60 |
Filed: 6/29/1994, Entered: 6/29/1994 |
Judgment* |
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JUDGMENT denying plaintiff's motion to remand; granting defendants' motions for summary judgment as to plaintiff's complaint, but without prejudice as to defendants' liability, if any, to U.S.; dismissing Norfolk Shipbuilding's third-party complaint against U.S.; pursuant to 6/29/94 Opinion and Order, granting plaintiff leave to file amended complaint within 30 days to substitute U.S. as appropriate defendant; entered by clerk and filed 6/29/94. Copies Mailed: 6/29/94. O.B. (mwin) Modified on 06/30/1994
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| 59 |
Filed: 6/29/1994, Entered: 6/29/1994 |
Order |
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OPINION and ORDER finding that defendant subcontractors were agents or employees of U.S. for purpose of Suits in Admiralty Act, and plaintiff's sole and exclusive remedy is against U.S. in federal court; denying [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court; granting all defendants' motions for summary judgment as to plaintiff's complaint ([16-1] motion by Valcon Sales for summary judgment; [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for summary judgment; [6-1] motion by Norfolk Shipbuilding for summary judgment), but without prejudice as to defendants' liability, if any, to U.S.; dismissing [10-1] third-party complaint of Norfolk Shipbuilding and Drydock Corporation v. U.S.; however, granting leave to plaintiff to amend her complaint to substitute U.S. as appropriate defendant, to be filed within 30 days (set Amended Pleadings deadline to 7/28/94) ; U.S. to file answer and any third-party claims within 30 days after any such filing; entered and filed 6/29/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 6/29/94 (mwin) Modified on 06/30/1994
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| 58 |
Filed: 6/17/1994, Entered: 6/20/1994 |
Affidavit |
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AFFIDAVIT of Tim P. Roark, Sr., by United States Re: [57-1] letter memorandum by United States (mwin) Modified on 06/20/1994
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| 57 |
Filed: 6/17/1994, Entered: 6/20/1994 |
Memorandum in Support |
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LETTER MEMORANDUM by United States, received by clerk 6/17/94 (mwin)
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| 56 |
Filed: 6/17/1994, Entered: 6/20/1994 |
Affidavit |
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AFFIDAVIT of Ernest C. Reilly, Jr., submitted by Norfolk Shipbuilding Re: [55-1] letter memorandum by Norfolk Shipbuilding (mwin)
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| 55 |
Filed: 6/17/1994, Entered: 6/20/1994 |
Memorandum in Support |
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LETTER MEMORANDUM by Norfolk Shipbuilding, received by clerk 6/17/94 (mwin)
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| 54 |
Filed: 6/16/1994, Entered: 6/16/1994 |
Affidavit |
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AFFIDAVIT of Leo Vincent Facenda, submitted by Valcon Sales Re: [53-1] support memorandum by Valcon Sales (mwin)
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| 53 |
Filed: 6/16/1994, Entered: 6/16/1994 |
Memorandum in Support |
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MEMORANDUM by Valcon Sales in support of [16-1] motion by Valcon Sales to Dismiss, in response to 6/1/94 order, received (mwin)
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| 52 |
Filed: 6/16/1994, Entered: 6/16/1994 |
Affidavit |
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AFFIDAVIT by Jason B. Nuss Re: [51-1] support memorandum by Edward Speary III, Wayne Francis Muth, Jason B. Nuss, Hiller Systems Inc. (mwin)
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| 51 |
Filed: 6/16/1994, Entered: 6/16/1994 |
Memorandum in Support |
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Letter MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in support of [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, in response to 6/1/94 order, received (mwin)
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| 50 |
Filed: 6/14/1994, Entered: 6/16/1994 |
Response |
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Letter RESPONSE, with attachements, to [49-1] order re summary of disputed facts materially related to agency issue, by Isabella Service, filed (mwin)
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| 49 |
Filed: 6/1/1994, Entered: 6/2/1994 |
Order |
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OPINION and ORDER converting motions to dismiss to motions for summary judgment; directing parties to submit any additional materials and summary of any disputed facts materially related to agency issue within 15 days from order date (set Brief deadline to 6/16/94) ; Staying discovery until court resolves motion to remand and summary judgment motions, except any discovery relevant to agency issue ; granting [45-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Extend Time to respond to discovery, so long as none of requested discovery relates to agency issue; entered and filed 6/1/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 6/1/94 (mwin)
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| -- |
Filed: 6/1/1994, Entered: 6/2/1994 |
Set/Reset Deadlines: |
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Deadline updated; mooting [47-1] motion by United States to Stay discovery (mwin)
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| 48 |
Filed: 5/31/1994, Entered: 6/2/1994 |
Memorandum in Support |
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MEMORANDUM by United States in support of [47-1] motion by United States to Stay discovery, received (mwin)
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| 47 |
Filed: 5/31/1994, Entered: 6/2/1994 |
Motion to Stay |
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MOTION by United States to Stay discovery (mwin)
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| 46 |
Filed: 5/20/1994, Entered: 5/24/1994 |
Memorandum in Support |
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MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in support of [45-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Extend Time to respond to discovery until 30 days following court's decision on motions to dismiss and motion to remand, received (mwin)
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| 45 |
Filed: 5/20/1994, Entered: 5/24/1994, Terminated: 6/1/1994 |
Motion for Extension |
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MOTION by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Extend Time to respond to discovery until 30 days following court's decision on motions to dismiss and motion to remand (mwin)
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| 44 |
Filed: 5/9/1994, Entered: 5/24/1994 |
Affidavit |
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Original AFFIDAVIT of Margaret D. Duncan, U.S. Maritime Administration, submitted by Valcon Sales (Copy was filed in open court 4/21/94 - [34]) (mwin)
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| 43 |
Filed: 4/29/1994, Entered: 5/2/1994 |
Order |
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ORDER granting [41-1] motion by United States to Extend Time to answer third-party complaint; United States shall have until 10 days following resolution of pending motions to dismiss and motion to remand; entered and filed 4/29/94 (signed by Judge Robert G. Doumar ) Copies Mailed: 4/29/94 (mwin)
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| 42 |
Filed: 4/28/1994, Entered: 4/28/1994 |
Memorandum in Support |
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MEMORANDUM by United States in support of [41-1] motion by United States to Extend Time to answer third-party complaint until 10 days after resolution of pending motions to dismiss and motion to remand, received (mwin)
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| 41 |
Filed: 4/28/1994, Entered: 4/28/1994, Terminated: 4/29/1994 |
Motion for Extension |
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MOTION by United States to Extend Time to answer third-party complaint until 10 days after resolution of pending motions to dismiss and motion to remand (mwin)
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| 40 |
Filed: 4/28/1994, Entered: 4/28/1994 |
Memorandum in Opposition |
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Letter MEMORANDUM by Valcon Sales in OPPOSITION to [20-1] motion by Isabella Servis to Remand action, received (mwin)
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| 40 |
Filed: 4/28/1994, Entered: 4/28/1994 |
Memorandum in Support |
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Letter MEMORANDUM by Valcon Sales in support of [16-1] motion by Valcon Sales to Dismiss, received (mwin)
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| 39 |
Filed: 4/28/1994, Entered: 4/28/1994 |
Memorandum in Opposition |
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MEMORANDUM by Norfolk Shipbuilding in OPPOSITION to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)
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| 38 |
Filed: 4/28/1994, Entered: 4/28/1994 |
Memorandum in Opposition |
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Letter MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in OPPOSITION to [20-1] motion by Isabella Servis to Remand, received (mwin)
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| 38 |
Filed: 4/28/1994, Entered: 4/28/1994 |
Memorandum in Support |
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Letter MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in support of [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, received (mwin)
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| 37 |
Filed: 4/27/1994, Entered: 4/27/1994 |
Memorandum in Support |
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Letter MEMORANDUM by Isabella Servis in support of [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)
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| 36 |
Filed: 4/26/1994, Entered: 4/26/1994 |
Memorandum in Support |
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Letter MEMORANDUM by United States in support of [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)
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| 35 |
Filed: 4/21/1994, Entered: 4/22/1994 |
Order |
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ORDER granting [30-1] motion by United States for leave to specially appear to respond to pending motions without waiving substantive or procedural defenses; entered and filed 4/21/94 (signed by Judge Robert G. Doumar) Copies Mailed: 4/22/94 (mwin)
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| 34 |
Filed: 4/21/1994, Entered: 4/22/1994 |
Affidavit |
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COPY of AFFIDAVIT of Margaret D. Duncan, of U.S. Maritime Administration, submitted by Valcon Sales, FILED IN OPEN COURT (mwin)
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| -- |
Filed: 4/21/1994, Entered: 4/22/1994 |
Set/Reset Deadlines: |
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Deadline updated; [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court under advisement, [16-1] motion by Valcon Sales to Dismiss under advisement, [11-1] motion by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules under advisement, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss under advisement, [6-1] motion by Norfolk Shipbuilding to Dismiss under advisement, [4-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for Protective Order under advisement (mwin)
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| -- |
Filed: 4/21/1994, Entered: 4/22/1994 |
Set/Reset Deadlines: |
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Deadline updated; set Brief deadline to 12:00 4/27/94 (mwin)
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| -- |
Filed: 4/21/1994, Entered: 4/22/1994 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS Minute entry: Robert G. Doumar, Judge. Reporter: Karyn Kirouac, of Zahn, Hall & Zahn. Counsel appeared. Matter came on for hearing on all pending motions. On motion of Mr. Rhine, Matthew Connelly was admitted to Appear Pro Hac Vice . Arguments heard. Court directed counsel to submit list of cases, etc., by 4/27/94 at noon, re whether jurisdictional question or affirmative defense, and any sections of contract parties feel are relevant. Fax copy of affidavit of Margaret D. Duncan, submitted by Mr. Tata, filed in open court. Court takes matter under advisement. Court adjourned. (NOTE: Exhibits introduced by plaintiff and by defendant Valcon Sales and Services) (mwin) Modified on 09/07/1994
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| Save 25% on a pre-paid one year subscription. |
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| -- |
Filed: 4/21/1994, Entered: 4/22/1994 |
Motion Hearing |
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Motion hearing held re: [30-1] motion by United States for leave to specially appear to respond to pending motions without waiving substantive or procedural defenses by United States, [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court by Isabella Servis, [16-1] motion by Valcon Sales to Dismiss by Valcon Sales, [11-1] motion by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules by Isabella Servis, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III, [6-1] motion by Norfolk Shipbuilding to Dismiss by Norfolk Shipbuilding, [4-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for Protective Order by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III (mwin)
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| 33 |
Filed: 4/20/1994, Entered: 4/20/1994 |
Reply to Response to Motion |
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REPLY by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to United States response [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, received (mwin)
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| 32 |
Filed: 4/19/1994, Entered: 4/20/1994 |
Reply to Response to Motion |
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REPLY by Isabella Servis to response to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)
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| 31 |
Filed: 4/18/1994, Entered: 4/20/1994 |
Memorandum in Support |
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MEMORANDUM by United States in support of [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin) Modified on 04/20/1994
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| 31 |
Filed: 4/18/1994, Entered: 4/20/1994 |
Memorandum in Opposition |
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MEMORANDUM by United States in opposition to [6-1] motion by Norfolk Shipbuilding to Dismiss, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, Jason B. Nuss, Wayne Francis Muth, Edward Speary III, [16-1] motion by Valcon Sales to Dismiss, received (mwin) Modified on 04/20/1994
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| 30 |
Filed: 4/18/1994, Entered: 4/20/1994, Terminated: 4/21/1994 |
Motion for Miscellaneous Relief |
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MOTION by United States for leave to specially appear to respond to pending motions without waiving substantive or procedural defenses (mwin)
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| 29 |
Filed: 4/12/1994, Entered: 4/14/1994 |
Reply to Response to Motion |
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REPLY by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to plaintiff's response to [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, received B. Nuss, Wayne Francis Muth, Edward Speary III (mwin)
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| 28 |
Filed: 4/11/1994, Entered: 4/12/1994 |
Memorandum in Support |
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Supplemental MEMORANDUM by Valcon Sales in support of [16-1] motion by Valcon Sales to Dismiss, received (mwin)
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| 28 |
Filed: 4/11/1994, Entered: 4/12/1994 |
Memorandum in Opposition |
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MEMORANDUM by Valcon Sales in opposition to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court received (mwin)
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| 27 |
Filed: 4/11/1994, Entered: 4/12/1994 |
Notice |
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NOTICE of hearing 4/21/94, 2:00 p.m., by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III (mwin)
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| -- |
Filed: 4/8/1994, Entered: 4/8/1994 |
Motion Hearing |
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Motion hearing re: [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court set at 2:00 4/21/94, [16-1] motion by Valcon Sales to Dismiss set at 2:00 4/21/94, [11-1] motion by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules set at 2:00 4/21/94, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss set at 2:00 4/21/94, [6-1] motion by Norfolk Shipbuilding to Dismiss set at 2:00 4/21/94, [4-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for Protective Order set at 2:00 4/21/94 (mwin)
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| 26 |
Filed: 4/7/1994, Entered: 4/11/1994 |
Memorandum in Opposition |
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MEMORANDUM by Norfolk Shipbuilding in opposition to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)
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| 25 |
Filed: 4/6/1994, Entered: 4/11/1994 |
Memorandum in Opposition |
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MEMORANDUM by Isabella Servis in opposition to [16-1] motion by Valcon Sales to Dismiss, [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, [6-1] motion by Norfolk Shipbuilding to Dismiss, received (mwin)
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| 24 |
Filed: 3/31/1994, Entered: 4/1/1994 |
Memorandum in Opposition |
|
MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in opposition to [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court, received (mwin)
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| 23 |
Filed: 3/31/1994, Entered: 3/31/1994 |
Order |
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ORDER Extending Time to 4/7/94, for Norfolk Shipbuilding's reply to plaintiff's motion to remand ; extension shall not change 4/14/94 oral argument schedule; entered and filed 3/31/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 3/31/94 to all counsel (mwin)
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| 22 |
Filed: 3/24/1994, Entered: 3/28/1994 |
Notice |
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NOTICE of hearing 4/14/94 on motion to remand by Isabella Servis (mwin)
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| 21 |
Filed: 3/18/1994, Entered: 3/22/1994 |
Memorandum in Support |
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MEMORANDUM by Isabella Servis in support of [20-1] motion by Isabella Servis to Remand action to Norfolk Circuit Court received (mwin)
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| 20 |
Filed: 3/18/1994, Entered: 3/22/1994, Terminated: 6/29/1994 |
Motion to Remand |
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MOTION by Isabella Servis to Remand action to Norfolk Circuit Court (mwin)
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| 19 |
Filed: 3/14/1994, Entered: 3/14/1994 |
Order |
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ORDER Extending Time to 3/14/94 for Valcon to serve responses to plaintiff's interrogatories, request for production, and request for admissions ; entered and filed 3/14/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 3/14/94 (mwin)
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| 18 |
Filed: 3/10/1994, Entered: 3/11/1994 |
Objection |
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OBJECTION by defendant Valcon Sales to [7-1] demand jury by Isabella Servis (mwin)
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| 17 |
Filed: 3/9/1994, Entered: 3/9/1994 |
Memorandum in Support |
|
MEMORANDUM by Valcon Sales in support of [16-1] motion by Valcon Sales to Dismiss, received (mwin)
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| 16 |
Filed: 3/9/1994, Entered: 3/9/1994, Terminated: 6/29/1994 |
Motion to Dismiss |
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MOTION by Valcon Sales to Dismiss (mwin)
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| 15 |
Filed: 3/7/1994, Entered: 3/7/1994 |
Summons Returned Executed |
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THIRD PARTY SUMMONS Returned Executed as to United States 3/2/94 by personal service on "Faye Brown, auth. to accept service" for Assistant U.S. Attorney, Norfolk office; and on 3/3/94 by certified mail to Helen Fahey, U.S. Attorney, Alexandria, Va.; and on 3/2/94 by certified mail to U.S. Attorney General (Answer due 5/2/94 for United States ) (mwin)
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| 14 |
Filed: 3/4/1994, Entered: 3/7/1994 |
Response in Opposition to Motion |
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RESPONSE by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in opposition to [11-1] motion by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules, filed (mwin)
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| 13 |
Filed: 3/2/1994, Entered: 3/4/1994 |
Objection |
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OBJECTION by defendant Norfolk Shipbuilding to [7-1] demand jury by Isabella Servis (mwin)
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| 12 |
Filed: 3/1/1994, Entered: 3/2/1994 |
Response in Opposition to Motion |
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RESPONSE by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in opposition to [7-1] demand jury by Isabella Servis, filed (mwin)
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| 11 |
Filed: 2/28/1994, Entered: 2/28/1994, Terminated: 6/29/1994 |
Motion for Extension |
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MOTION by Isabella Servis for enlargement of time with respect to all acts allowed or required by the Rules (mwin)
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| -- |
Filed: 2/28/1994, Entered: 2/28/1994 |
Summons Issued |
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THIRD PARTY SUMMONS with 3 copies issued for United States of America; Magistrate Judge notice; del. to counsel. (mwin)
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| 10 |
Filed: 2/24/1994, Entered: 2/28/1994 |
Third-Party Complaint |
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THIRD-PARTY COMPLAINT by Norfolk Shipbuilding against United States (mwin)
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| 9 |
Filed: 2/23/1994, Entered: 2/28/1994 |
Memorandum in Support |
|
MEMORANDUM by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III in support of [8-1] motion by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss, received (mwin)
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| 8 |
Filed: 2/23/1994, Entered: 2/28/1994 |
Motion to Dismiss |
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MOTION by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III to Dismiss (mwin)
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| 7 |
Filed: 2/23/1994, Entered: 2/28/1994 |
Jury Demand |
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DEMAND for jury trial by Isabella Servis, Administratrix (mwin)
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| 6 |
Filed: 2/23/1994, Entered: 2/28/1994 |
Motion to Dismiss |
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MOTION with Memorandum in Support by Norfolk Shipbuilding to Dismiss (mwin)
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| -- |
Filed: 2/17/1994, Entered: 2/17/1994 |
Docket Annotation |
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Magistrate Judge notice mailed to counsel (mwin)
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| 5 |
Filed: 2/16/1994, Entered: 2/17/1994 |
Notice |
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Receipted COPY of NOTICE of filing of notice of removal by Norfolk Shipbuilding filed in Norfolk Circuit Court (mwin)
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| 4 |
Filed: 2/16/1994, Entered: 2/17/1994 |
Motion for Protective Order |
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Copy of MOTION by Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III for Protective Order filed in Norfolk Circuit Court (mwin)
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| 3 |
Filed: 2/16/1994, Entered: 2/17/1994 |
Answer |
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Copy of ANSWER to Complaint by Valcon Sales and Services, Inc. (denominated "Demurrer and Grounds of Defense") filed in Norfolk Circuit Court (mwin)
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| 2 |
Filed: 2/16/1994, Entered: 2/17/1994 |
Notice |
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Copy of NOTICE of filing of notice of removal filed in Norfolk Circuit Court by Norfolk Shipbuilding (mwin)
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| 1 |
Filed: 2/16/1994, Entered: 2/17/1994 |
Notice of Removal |
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NOTICE OF REMOVAL from Norfolk Circuit Court by Norfolk Shipbuilding & Drydock Corporation, with consent of Valcon Sales and Services, Inc.; Hiller Systems Inc., Jason B. Nuss, Wayne Francis Muth, Edward Speary III (with attached copies of state court service documents, copy ofmotion for judgment, copy of demurrer of Norfolk Shipbuilding, copy of demurrer of Hiller Syustems, Nuss, Muth, and Speary filed in Norfolk Circuit Court); FILING FEE 120 pd. by Vandeventer, Black, Meredith & Martin; RECEIPT # 7245 (mwin)
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