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January 2008 |
NEXT
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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, January 8, 2008 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15584 Joyce G. Campagna and Donald C. Campagna, Appellants, v. George F. Flowers, Respondent. Reese I. Joye, of North Charleston; Desa Ballard and P. Christopher Smith, Jr., of West Columbia, for Appellants. William O. Sweeny, III, and William R. Calhoun, of Columbia, for Respondent. In this personal injury action arising from a car accident in downtown Charleston, Plaintiffs Joyce Campagna and Donald G. Campagna appeal the verdict for Defendant George Flowers, arguing the trial court improperly admitted DVD evidence recorded several years after the incident.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15544 First Bank, F/K/A Carolina Community Bank, N. A, Respondent, v. Roger E. McRae, Personal Representative for the Estate of Yvonne Chyrelle K. McRae, Carolina Funeral Home, Roger E. McRae, Clarence McRae, Leroy Sheldon Rowell, and County of Dillon, Defendants, of whom Luevenia S. Wright is Personal Representative for the Estate of Roger E. McRae, Defendant, and Luevenia S. Wright is Personal Representative for the Estate of Yvonne Chyrelle K. McRae, Appellant Glenn B. Manning, of Dillon, for Appellant. A. LaFon LeGette, Jr., of Latta, for Respondent. Roger E. McRae, as Personal Representative of the Estate of Yvonne Chyrelle K. McRae, appeals from an order by a special referee foreclosing a mortgage on property included in the Estate. Roger E. McRae argues the special referee erred in foreclosing on the mortgage because (1) the Estate was not properly made a party to the foreclosure, (2) he was improperly added to the action, (3) there was no transcript of the default hearing, and (4) he was not served with a notice of the default judgment.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15578 Danny R. Prince, Respondent, v. Beaufort Memorial Hospital and its Employees, Servants and Agents, Appellants. Mary Bass Lohr, of Beaufort, for Appellants. T. Wayne Yarbrough, of Bluffton, for Respondent. In this negligence action, Beaufort Memorial Hospital appeals an granting a new trial to Plaintiff Danny R. Prince based on the trial court's determiniation that the hospital's Quality Assurance Committee file should have been made available to Prince during the discovery phase of the prior trial.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15566 Kelvin Thomas, Appellant, v. Jeffrey Dootson, DMD, Respondent. Robert B. Ransom, of Columbia, for Appellant. Charles E. Hill and R. Hawthorne Barrett, of Columbia, for Respondent. Kelvin Thomas brought a medical malpractice action against Jeffrey Dootson. The trial court granted Dootson's directed verdict motion as no expert testimony was provided about the standard of care. Thomas appeals the issuance of the directed verdict arguing there was evidence Dr. Dootson had notice that his dental instrument was not working properly and expert testimony was unnecessary because the alleged negligence was within the common knowledge or experience of laymen. Thomas further contends the trial court erred in multiple decisions regarding admission of evidence.
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Wednesday, January 9, 2008 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15558 Ann Thompson, Claimant, for John Michael Harvey, deceased Employee, Appellant, v. Cisson Construction Company, Employer, and Ohio Casualty Co., Carrier, Respondents. Linda B. McKenzie, of Greenville, for Appellant. Weston Adams, III, Jillian McConnell Benson, and Ashley Berry Stratton, of Columbia, for Respondents. In this workers' compensation case, Appellant contends: (1) there was substantial evidence to support the Appellate Panel's findings of fact; (2) the suicide was a natural consequence of the injury sustained; and (3) the Respondents did not carry their burden of proving willful intent under Section 42-9-60.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15524 The State, Respondent, v. Stanley Dantonio, Jr., Appellant. Wesley Locklair, of Murrells Inlet,for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Special Asssitant Attorney General Amie L. Clifford, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. In this felony driving under the influence case, the Appellant posits two issues. The trial court erred: (1) in failing to grant a directed verdict of acquittal; and (2) in his charge to the jury regarding proximate cause.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15545 Marion L. Eadon, Jr., Respondent, v. Danny White, Appellant. Scott L. Robinson, of Manning, for Appellant. Frances Ricci Land Welch, of Manning, for Respondent. In this unusual civil action, Appellant presents numerous issues, including the trial court erred: (1) in denying Appellant's motion for a jury trial; (2) in finding the loan documents satisfied the Statute of Frauds; (3) in finding the doctrine of merger of title did not apply to this case; and (4) in failing to rule on Appellant's motion for directed verdict and his counterclaim for conversion and slander of title.
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Tuesday, January 8, 2008 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15536 Janet Miller, Respondent, v. Ferrellgas, L.P. Inc., and Kenneth W. Ellis, Appellants. Ernest Mitchell Griffith, of Beaufort; Stephen L. Brown and Jeffrey J. Wiseman, of Charleston, for Appellants. James H. Moss, of Beaufort, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15579 Mary M. Matheson, Appellant, v. William Bolt and Wachovia Bank, NA, as Trustee of the Kaitlin Matheson Support Trust, Respondent. John D. Elliott, of Columbia, for Appellant. Floy Kenyon Anderson, of Anderson, for Respondents.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
15447 Leo Taylor, Appellant, v. Bernice Taylor and Michael Alston, Respondents. In re: Symone N. Taylor and Devonte T. Taylor Richard C. Jones and Patrick M. Killen, of Sumter, for Appellant. Ryan Alexander McLeod, of Sumter, for Respondent Bernice Taylor. Michael Alston, of Washington, D.C., pro se.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
14396 The State, Respondent, v. John Daniel Springer, Appellant. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
14812 |
The State,Respondent, v. Kenneth Lewis,Appellant.
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14817 |
The State,Respondent, v. Willie S. Merriweather,Appellant.
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14820 |
The State,Respondent, v. Willie Legette,Appellant.
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14863 |
The State,Respondent, v. Kenneth D. Washington,Appellant.
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14864 |
The State,Respondent, v. Dawn Tucker,Appellant.
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14865 |
The State,Respondent, v. Dwayne Gelzer,Appellant.
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14868 |
The State,Respondent, v. Leonard Green a/k/a Leonard Greene,Appellant.
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14869 |
The State,Respondent, v. George Kennedy,Appellant.
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14871 |
The State,Respondent, v. Timothy Wayne Dezern,Appellant.
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14878 |
The State,Respondent, v. Alvin Keith Brown,Appellant.
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14879 |
The State,Respondent, v. Rodney Manning,Appellant.
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14884 |
The State,Respondent, v. Anthony Jesus Johnson,Appellant.
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14890 |
The State,Respondent, v. Marion William Benton,Appellant.
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14891 |
In The Interest of C., Christopher, A Minor Under The Age of Seventeen,Appellant.
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14906 |
The State,Respondent, v. Kevin McMeans,Appellant.
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14907 |
The State,Respondent, v. Roger Nix,Appellant.
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14909 |
The State,Respondent, v. Tommy Young,Appellant.
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14910 |
The State,Respondent, v. Marcus Antonio Woods,Appellant.
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14911 |
The State,Respondent, v. Kurtino Damon Weathersbee,Appellant.
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14912 |
The State,Respondent, v. Alfred Walker,Appellant.
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14913 |
The State,Respondent, v. Nathaniel Muhammad,Appellant.
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14914 |
The State,Respondent, v. Robert Richardson, Jr.,Appellant.
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14916 |
The State,Respondent, v. Stanley Wise,Appellant.
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14917 |
In the Interest of April N., A minor under the age of seventeen,Appellant.
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14918 |
The State,Respondent, v. George Palmer,Appellant.
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14953 |
The State,Respondent, v. Adam Bickham,Appellant.
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14956 |
The State,Respondent, v. Crystal Jackson,Appellant.
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14957 |
The State,Respondent, v. Noel Gray,Appellant.
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14962 |
The State,Respondent, v. Edward Lee Cross #2,Appellant.
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14970 |
The State,Respondent, v. Darrell Lewis Sturkey,Appellant.
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14974 |
The State,Respondent, v. Ivan Simpkins,Appellant.
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15000 |
The State,Respondent, v. Albert Peeples,Appellant.
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15018 |
The State,Respondent, v. Allen J. Capers #1,Appellant.
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15023 |
The State,Respondent, v. Robert B. Lasenby, Jr.,Appellant.
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15025 |
The State,Respondent, v. Joseph Ricks,Appellant.
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15029 |
In the Interest of Christopher M., A juvenile under the age of seventeen,Appellant.
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15034 |
In the Interest of Eddie S. and Joseph S., Both being minors under the age of seventeen,Appellants.
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15045 |
The State,Respondent, v. Matthew William Gilliard, III,#1Appellant.
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15060 |
The State,Respondent, v. Jeremy Kelley,Appellant.
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15173 |
The State,Respondent, v. Edward Lee Cross #1,Appellant.
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15422 |
Bennie Mitchell #279318,Respondent, v. South Carolina Department of Corrections,Appellant.
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15488 |
Fletcher N. Smith, Jr.,Appellant, v. Timothy Lee Mills,Respondent.
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15499 |
The State,Respondent, v. Harold David Rutledge,Appellant.
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15519 |
The State,Respondent, v. Arthur Shane Beck,Appellant.
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15520 |
The State,Respondent, v. Johnny Ray Gambrell,Appellant.
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15531 |
Geraldine Paschal and Roland Delateja, Appellants, v. East Hampton Properties, LLC, Respondent.
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15532 |
Mark T. Klein,Appellant, v. Sherry G. Klein,Respondent.
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15537 |
Johnny Mosley, Employee, Respondent, v. MeadWestvaco, Inc., Employer, and S.C. Chamber of Commerce Manufacturers, SIF, Insurers, Petitioners, of whom MeadWestvaco, Inc., Employer,is the Appellant.
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15538 |
Portside Owners Association, Inc.,Appellant, v. South Beach Racquet Club, Inc.,Respondent.
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15539 |
Burriss Electrical, Inc.,Appellant, v. Office of Occupational Safety and Health, South Carolina Department of Labor, Licensing and Regulation,Respondent.
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15542 |
Danald W. Birch,Appellant, v. Mail Contractors of America and Lumbermens Mutual Casualty,Respondents.
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15543 |
Doris Barr, Claimant,Respondent, v. Williamsburg County School District, Employer, and SC School Boards Insurance Trust, Carrier, Appellants.
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15546 |
Ex Parte: GuideOne Insurance Company, Carrier, Appellant. In Re:John T. Evans, Respondent, v. White Oaks Conference Center, Employer, Appellant.
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15548 |
The State,Respondent, v. Gary Robert Moore,Appellant.
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15556 |
Mary Turner,Appellant, v. S.C. Department of Health & Environmental Control and State Accident Fund,Respondents.
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15557 |
Lucille Taylor,Appellant, v. Ave Marie Williams, Mattie Ann Wright and Isaac Wright,Respondents.
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15560 |
William Waxenfelter, Employee, Respondent, v. Wal-Mart Stores, Inc., Employer, and American Home Assurance, Carrier, Appellants.
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15568 |
2005-CP-16-01144______________Wachovia Bank, NA as successor in interest to Wachovia Mortgage Company and First Federal Savings Bank, Respondent, v. I. Fred Beckham, Donald Lewis Hofer a/k/a Donald L. Hofer a/k/a D.L. Hofer, individually, Falcon Unlimited, LP, Winn-Barr Homeowners Association, Inc., Atlantic National Trust, LLC, Aurora Loan Services, Inc., Sunbelt Rentals, Inc., Nesbet Oil Company, First Select, Inc., General Electric Capital Corporation, Charlotte Mecklenburg Hospital Authority d/b/a Carolinas Medical Center, City Builders Service, Inc., Defendants, Of whom: Donald Lewis Hofer a/k/a Donald L. Hofer a/k/a D.L Hofer, individually and Falcon Unlimited, LP, are Appellants. AND 2005-CP-46-972, 983, 984, 986, 989, 1013, 1045, 1068, 1094, 1121, 1122________________Ex Parte: Donald Lewis Hofer a/k/a Donald L. Hofer a/k/a D.L. Hofer, Appellant. In Re: Wachovia Bank, NA as successor in interest to First Federal Savings Bank, Respondent, v. Falcon Unlimited, LP, Atlantic National Trust, LLC, Aurora Loan Services, Inc., Winn-Bar Homeowners Association, Inc., Defendants,AND 2005-CP-46-973__________________Ex Parte: Donald Lewis Hofer a/k/a Donald L. Hofer a/k/a D.L. Hofer, Appellant. In Re: Wachovia Bank, NA as successor in interest to First Federal Savings Bank, Respondent, v. Falcon Unlimited, LP, Samuel B. Fewell, Jr., Atlantic National Trust, LLC, Aurora Loan Services, Inc., Winn-Bar Homeowners Association, Inc., Defendants. AND 2005-CP-46-1093________________Ex Parte: Donald Lewis Hofer a/k/a Donald L. Hofer a/k/a D.L. Hofer, Appellant. In Re: Wachovia Bank, NA as successor in interest to First Federal Savings Bank, Respondent, v. Falcon Unlimited, LP, Atlantic National Trust, LLC, Aurora Loan Services, Inc., Winn-Bar Homeowners Association, Inc., Cedar Villas Owners Association, Inc., Defendants.
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15569 |
The State,Respondent, v. Nathaniel Kennedy Ferguson, Jr.,Appellant.
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15570 |
The State,Respondent, v. Joseph A. Dozier,Appellant.
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15575 |
The State,Respondent, v. Legaree Leavy Evans,Appellant.
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15576 |
Green Tree Servicing, LLC as successor in interest to Conseco Finance Servicing Corp. as interest to Green Tree Financial Servicing Corporation, Plaintiff, v. Reniata L. Williams a/k/a Reniata Garvin Williams; Scott L. Williams, BB&T Bankcard Corporation; The South Carolina Department of Motor Vehicles, Defendants, and Green Tree Servicing, LLC as successor in interest to Conseco Finance Servicing Corp. as interest to Green Tree Financial Servicing Corporation, Respondents, v. Lueveania Garvin, Appellant.
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15577 |
South Carolina Farm Bureau Mutual Insurance Company,Appellant, v. Howard Durham and Cherie Durham,Respondents.
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15582 |
Albertha Sanders, Employee,Respondent, v. Wal-Mart Stores, Inc.,Employer, and American Home Assurance, Carrier,Appellants.
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15585 |
Bob Brandi Stations, Inc. and R.E., Inc., Respondents, v. Q.L. Evans Construction Co., Lanier Construction Co., Palmetto Construction Co. and Mike Haas, Defendants, Of Whom Q.L. Evans Construction Co. is the Appellant.
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15586 |
Charleston Cabinets, Inc.,Appellant, v. Greg Smith,Respondent.
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15592 |
Marin Properties, LLC, Plaintiff, v. Oakdale Investors, LP, Central Bank of the South, Protective Life Insurance Company, and the State Street Bank and Trust Company, Defendants, and Protective Life Insurance Company, and State Street Bank and Trust Company, Third-Party Plaintiffs, v. Fletcher Bright Company, County of Spartanburg, Jean R. Jameson, in her official capacity as Delinquent Tax Collector for the County of Spartanburg, Webb Properties, Inc., HDC Corporation, J. Patton Webb, Thomas L. Hoofnagle, and ATFH Real Property, LLC, Third-Party Defendants, of whom Oakdale Investors, LP, Webb Properties, Inc., and J. Patton Webb are the Appellants, and Protective Life Insurance Company is the Respondent.
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15593 |
Robert E. Lee, Respondent, v. Regal, Inc., d/b/a Diamonds and Edward Bell, a/k/a Eddie Bell, Defendants, of whom Regal, Inc., d/b/a Diamonds is the Appellant.
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