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35 |
Filed: 10/21/2002, Entered: None |
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ORDER DISMISSED AGREED that on joint motion of plaintiffs and defendants to dismiss this action with prejudice, it appearing to the Court that the parties have settled all disputes and controversies between them and wish to have this matter dismissed agreed; it is ORDERED that the parties' joint motin is granted; this action is dismissed with prejudice; each party shall bear its own costs; the Court shall retain jurisdiction to enforce and adjudicate any and all disputes concerning or arising from the settlement of this matter and/or this dismissal Order; (signed by Judge James R. Spencer ) Copies Mailed: y [EOD Date: 10/21/02] (thom) Modified on 10/22/2002 (Entered: 10/21/2002)
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Request |
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34 |
Filed: 10/17/2002, Entered: None |
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USCA Order that the Court dismisses this appeal as and for the mandate, upon such terms as have been agreed to by the parties; (thom) (Entered: 10/22/2002)
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Request |
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33 |
Filed: 9/6/2002, Entered: None |
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ORDER all proceedings are stayed until further order of the Court;on 10/16/02 the parties shall communicate w/the Court respecting the status of this action ( signed by Judge James R. Spencer ) Copies Mailed: yes [EOD Date: 9/6/02] (cgar) (Entered: 09/06/2002)
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Request |
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32 |
Filed: 6/28/2002, Entered: None |
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NOTICE OF APPEAL OF [25-1] order by Bert E. Arnlund, John C. Cullather, Robert J. D'Amico, Donald H. Duncan, Gregory L. Freeman, Joseph Graziano, Daniel P. Mahoney. FILING FEE $ 105.00 RECEIPT # 64146; (TPO pkg. mailed) (thom) (Entered: 07/01/2002)
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Request |
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31 |
Filed: 6/28/2002, Entered: None |
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Rule 26 Disclosure by John C. Cullather (thom) (Entered: 07/01/2002)
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Request |
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30 |
Filed: 6/26/2002, Entered: None |
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Protective Order and (Confidentiality Agreement) See Order for details; ( signed by Judge James R. Spencer ) Copies Mailed y (thom) (Entered: 06/26/2002)
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Request |
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29 |
Filed: 6/24/2002, Entered: None |
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ANSWER by Lawrence N. Smith, William C. Derusha, Robert L. Burrus Jr., Eugene P. Trani, Alexander Alexander to Second amended complaint (thom) (Entered: 06/25/2002)
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Request |
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28 |
Filed: 6/21/2002, Entered: None |
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Stipulations filed by Bert E. Arnlund, John C. Cullather, Robert J. D'Amico, Donald H. Duncan, Gregory L. Freeman, Joseph Graziano, Daniel P. Mahoney (thom) (Entered: 06/24/2002)
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Request |
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27 |
Filed: 6/13/2002, Entered: None |
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TRANSCRIPT for date of 6/13/02 hearing before the Honorable James R. Spencer (thom) (Entered: 06/14/2002)
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Request |
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26 |
Filed: 6/7/2002, Entered: None |
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Consent MOTION by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence N. Smith to Extend Time to File Answer from 6/10/02 until 6/24/02 (thom) (Entered: 06/07/2002)
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Request |
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25 |
Filed: 5/29/2002, Entered: None |
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ORDER granting in part with respect to the federal securities fraud claim and all common law claims of plaintiffs Arnlund, D'Amico, Duncan, Freeman, Graziano and Mahoney; these claims are DISMISSED with prejudice; defts motion to dismiss is GRANTED with respect to the federal securities fraud claim and all common law claims of plaintiff Cullather for shares of Heilig-Meyers Company purchased prior to issuance of the 5/30/00 Annual Report of Heilig-Meyers Company, as to which losses are claimed for having retained said shares; these claims are DISMISSED with prejudice; defts' Motion to Dismiss Plaintiffs' allegations concerning following statements is GRANTED: the Company was in a "classic turnaround situation"; the Company will pay dividends "when justified by the financial condition of the company", except as expressly mentioned above, the remainder of Defts' Motion is DENIED [10-1] ( signed by Judge James R. Spencer ) Copies Mailed: y [EOD Date: 5/29/02] (thom) (Entered: 05/29/2002)
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24 |
Filed: 5/29/2002, Entered: None |
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MEMORANDUM OPINION ( signed by Judge James R. Spencer ) Copies Mailed: y (thom) (Entered: 05/29/2002)
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Request |
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23 |
Filed: 5/24/2002, Entered: None |
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PRETRIAL ORDER filed Jury Trial date 10:00 2/3/03 ( signed by Judge James R. Spencer ) Copies Mailed: yes (lcha) (Entered: 05/24/2002)
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Request |
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22 |
Filed: 5/24/2002, Entered: None |
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Minute entry: Spencer, J., Jeffry Kull, OCR. APPEARANCES: Parties by counsel. Matter came on for hearing on motions. Arguments heard. Matter taken under advisement. Pretrial conference held. Matter set for jury trial on 2/3/03 at 10:00 a.m. Pretrial Order to be entered. (1:05) (lcha) (Entered: 05/24/2002)
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Request |
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21 |
Filed: 5/24/2002, Entered: None |
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More Definite Statement of the Dates Plaintiff John C. Cullather Purchased Shares of Heilig-Meyers filed by plaintiff John C. Cullather (thom) (Entered: 05/24/2002)
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Request |
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20 |
Filed: 5/6/2002, Entered: None |
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OBJECTION by plaintiff Bert E. Arnlund, plaintiff John C. Cullather, plaintiff Robert J. D'Amico, plaintiff Donald H. Duncan, plaintiff Gregory L. Freeman, plaintiff Joseph Graziano, plaintiff Daniel P. Mahoney, defendant Lawrence N. Smith, defendant William C. Derusha, defendant Robert L. Burrus Jr., defendant Eugene P. Trani, defendant Alexander Alexander to proceed before U.S. Magistrate Judge (included with Rule 26 Report) (thom) (Entered: 05/07/2002)
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Request |
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19 |
Filed: 3/28/2002, Entered: None |
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ORDER granting [18-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence Smith to Continue Pretrial Conference; the conference shall be held on 5/24/02 at the conclusion of hearing on defts' Motion to Dismiss; ( signed by Judge James R. Spencer ) Copies Mailed: y [EOD Date: 3/28/02] (thom) (Entered: 03/28/2002)
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Request |
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18 |
Filed: 3/27/2002, Entered: None, Terminated: 3/28/2002 |
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MOTION with Memorandum in Support by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence Smith to Continue Pretrial Conference (thom) (Entered: 03/27/2002)
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Request |
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17 |
Filed: 3/27/2002, Entered: None |
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Defts' NOTICE of Hearing on 5/24/02 at 9:00 am. before the Honorable James R. Spencer (thom) (Entered: 03/27/2002)
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Request |
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16 |
Filed: 3/12/2002, Entered: None |
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ORDER that the undersigned hereby recuses himself from presiding over this action and it is herby ORDERED that this action is REASSIGNED to the Honorable James R. Spencer; ( signed by Judge Robert E. Payne ) Copies Mailed: y and via facsimile [EOD Date: 3/12/02] (thom) (Entered: 03/12/2002)
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Request |
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15 |
Filed: 2/11/2002, Entered: None |
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REPLY by Lawrence N. Smith, William C. Derusha, Robert L. Burrus Jr., Eugene P. Trani, Alexander Alexander to response in opposition to [10-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence Smith to Dismiss Second Amended Complaint pursuant to Rule 12(b)(6) (thom) (Entered: 02/12/2002)
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Request |
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14 |
Filed: 1/29/2002, Entered: None |
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RESPONSE in Opposition by Bert E. Arnlund, John C. Cullather, Robert J. D'Amico, Donald H. Duncan, Gregory L. Freeman, Joseph Graziano, Daniel P. Mahoney to [10-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William Derusha, Lawrence N. Smith to Dismiss Second Amended Complaint pursuant to Rule 12(b)(6) (thom) (Entered: 01/30/2002)
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Request |
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13 |
Filed: 1/18/2002, Entered: None |
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MEMORANDUM by Lawrence N. Smith, William C. Derusha, Robert L. Burrus Jr., Eugene P. Trani, Alexander Alexander in support of [10-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence N. Smith to Dismiss Second Amended Complaint pursuant to Rule 12(b)(6) (w/Affidvit of Michael R. Ward placed in brown expandable file) (thom) (Entered: 01/22/2002)
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Request |
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12 |
Filed: 12/19/2001, Entered: None |
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ORDER (Consent Extension of Time) granting [11-1] motion by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, N. Smith to Extend Time to File their Brief in Support of Motion to Dismiss the Second Amended Complaint; Defts shall file their brief in support of their Motion to Dismiss the Second Amended Complaint no later than 1/18/02; plaintiffs shall file reply briefs no later than 1/29/02; defts shall file rebuttal briefs, if any, no later than 2/11/01; ( signed by Judge Robert E. Payne ) Copies Mailed: y [EOD Date: 12/19/01] (thom) Modified on 12/19/2001 (Entered: 12/19/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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11 |
Filed: 12/18/2001, Entered: None, Terminated: 12/19/2001 |
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MOTION (Consent) by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence N. Smith to Extend Time to File their Brief in Support of Motion to Dismiss the Second Amended Complaint (w/sketch Order Consent Extension of Time) (thom) (Entered: 12/19/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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10 |
Filed: 12/17/2001, Entered: None, Terminated: 5/29/2002 |
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MOTION by Alexander Alexander, Eugene P. Trani, Robert L. Burrus Jr., William C. Derusha, Lawrence N. Smith to Dismiss Second Amended Complaint pursuant to Rule 12(b)(6) (thom) (Entered: 12/18/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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9 |
Filed: 11/26/2001, Entered: None |
Amended Complaint |
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SECOND AMENDED COMPLAINT by Bert E. Arnlund, John C. Cullather, Robert J. D'Amico, Donald H. Duncan, Gregory L. Freeman, Joseph Graziano, Daniel P. Mahoney ; amending First Amended Complaint filed in U.S. Bankruptcy Court; jury demand (Filed per Order entered on 11/8/01) (thom) (Entered: 11/27/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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8 |
Filed: 11/8/2001, Entered: None |
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CONSENT SCHEDULING ORDER that plaintiffs shall file their Second Amended Complaint by 11/26/01; defts. shall file their Motions to Dismiss directed to the Second Amended Complaint no later than 12/17/01; defts. shall file briefs in support of their motions no later than 1/7/02; plaintiffs shall file reply briefs no later than 1/18/02; defts. shall file rebuttal briefs, if any, no later than 1/29/02; ( signed by Judge Robert E. Payne ) Copies Mailed: [EOD Date: 11/8/01] (thom) (Entered: 11/08/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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7 |
Filed: 10/5/2001, Entered: None |
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ORDER that it appearing that a Second Amended Complaint will be filed, it is hereby ORDERED that the Deft. shall have no obligation to answer or otherwise respond to Plaintiffs' First Amended Complaint filed as Dkt. #24 in the Bankruptcy Adversary Proceeding 01-06006-DOT on 9/19/01; on or before 10/31/01 the parties shall tender a proposed order with a revised schedule for filing the Second Amended Complaint and motions to dismiss, if any and briefing thereon ( signed by Judge Robert E. Payne ) Copies Mailed: y and by facsimile [EOD Date: 10/5/01] (thom) (Entered: 10/05/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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6 |
Filed: 9/26/2001, Entered: None |
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ORDER that on 9/24/01 this matter was referred to the Honorable Dennis W. Dohnal, U.S. Magistrate Judge; the court finding that a related case, Arnlund et al. v. Deloitte & Touche, Case No. 3:01CV353 is being handled by the Honorable Robert E. Payne, hereby VACATES the order of 9/24/01 referring this matter to Judge Dohnal and REASSIGNS this matter to the Honorable Robert E. Payne; ( signed by Judge Richard L. Williams ) Copies Mailed: y and to Judge Dohnal and Judge Payne [EOD Date: 9/26/01] (thom) (Entered: 09/26/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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5 |
Filed: 9/24/2001, Entered: None |
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(VACATED per Order entered 9/26/01) ORDER that this matter is REFERRED to the Honorable Dennis W. Dohnal, U.S. Magistrate Judge for all purposes, handling of all pretrial motions, and for trial if the parties execute the appropriate form consenting to the jurisdiction of the U.S. Magistrate Judge; the Clerk is DIRECTED to send the Consent to the Exercise of by U.S. Magistrate Judge; ( signed by Judge Richard L. Williams ) Copies Mailed: y [EOD Date: 9/24/01] (thom) Modified on 09/26/2001 (Entered: 09/24/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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4 |
Filed: 9/24/2001, Entered: None |
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ORDER granting [3-1] motion by plaintiffs to Withdraw of Reference to the U.S. Bankruptcy Court and, granting [3-2] motion by plaintiffs to Transfer Case to the U.S. District Court for the Eastern District of Virginia, Richmond Division; ( signed by Judge Richard L. Williams ) Copies Mailed: y [EOD Date: 9/24/01] (thom) (Entered: 09/24/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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3 |
Filed: 9/19/2001, Entered: None, Terminated: 9/24/2001 |
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MOTION (Consent) by plaintiffs to Withdraw Reference , and by plaintiffs to Transfer Case (thom) Modified on 09/20/2001 (Entered: 09/20/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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2 |
Filed: 2/22/2001, Entered: None |
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ORDER that this matter is hereby REFERRED to the U.S. Bankruptcy Court for the Eastern District of Virginia; the Clerk of the Bankruptcy Court is DIRECTED to CONSOLIDATE this matter with the notice of removal of this matter filed therein; ( signed by Judge Richard L. Williams ) Copies Mailed: y and to U.S. Bankruptcy Court [EOD Date: 2/22/01] (jlil) (Entered: 02/22/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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1 |
Filed: 2/16/2001, Entered: None |
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Petition by Lawrence N. Smith, William C. Derusha, Robert L. Burrus Jr., Eugene P. Trani, Alexander Alexander for Referral to the U.S. Bankruptcy Court for the Eastern District of Virginia (scoo) (Entered: 02/20/2001)
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Request From Archives (Scanning Fees/Delay May Apply) |
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