United States of America v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada
Plaintiff: United States of America
Defendant: 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada
Interested Party: Jessie James Cox, Lauriene Jane DeAngelo, Barbara Wheatley Flanagan, Mary Avis Sheahan Fuller, Lisa A. & William L. Hegwood, Heirs of Daniel R. Sheahan, Heirs of James D. Wheatley, Heirs of Jerome F. Sears, Jr., Heirs of Mary Joyce Wheatley Haven, Heirs of Mayme C. Brown, Heirs of Patricia Ann Wheatley, Heirs of Thomas J. (T.J.) Wheatley, Heirs of Thomas O. Sears (a.k.a. Tom O. Sears), Heirs of Winifred Wheatley, Ruth Ann Houx Loughridge, Barbara F. Manning, Other interested parties, Thomas H. Sears, Sr. Barbara S. Sheahan, Benjamin E. & Theresa Sheahan, Christina Francis Sheahan, Daniel R. Sheahan, Jr., Deborah Lynn Sheahan, John B. Sheahan, Joseph Richard Sheahan, Joseph R. & Michelle Sheahan, Martha Alice Sheahan, Martha A. & Ford Dixon III Sheahan, Michael James Sheahan, Michael W. Sheahan, Patrick Joseph Sheahan, Patrick J. & Rhonda Susan Fleming Sheahan, Sarah Jane Sheahan, Sheahan Family Trust, Alicia R. Sheahan-Hall, Christine Wheatley Tanis and Unknown Heirs of Timothy J. Sheahan
Case Number: 2:2015cv01743
Filed: September 10, 2015
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M. Du
Presiding Judge: Nancy J. Koppe
Nature of Suit: Condemnation
Cause of Action: 40:258(a) Public Buildings & Property: Land Condem
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 17, 2020 Opinion or Order Filing 673 ORDER - The government must serve a copy of this order on Amy Sears, along with a copy of the government's briefs on these issues (ECF Nos. 668 , 672 ). The government must also identify to Amy Sears the amount she may be entitled to recei ve if she does not disclaim her interest in the Property when it serves a copy of this order on her. If Amy Sears wishes to disclaim her interest in the Property, she must file a written disclaimer with the Court within 30 days of the date of en try of this order. The government must notify the Court in writing as soon as practicable if Amy Sears states to the government's counsel she no longer wishes to disclaim her interest in the Property before 30 days have elapsed. Signed by Chief Judge Miranda M. Du on 11/17/2020. (Copies have been distributed pursuant to the NEF - LW)
August 27, 2020 Opinion or Order Filing 663 ORDERED that the Report of the Commission (ECF No. 656 ) is accepted and adopted in full. It is further ordered that just compensation for the taking of the Property is $1,100,000, plus another $104,000 for the mineral estate (a s separately agreed to by the parties), for a total of $1,204,000. The Clerk of Court is directed to issue a check in an amount corresponding to the funds still held by the Clerk of Court in this case to the Law Offices of Kermitt L. Waters (ECF Nos. 10 , 85 ). (Ad hoc email (NEF) to Finance on 8/27/2020.) It is further ordered that Plaintiff's motion to adopt in part and modify in part the Commissions Report (ECF No. 659 ) is granted in part, and denied in part, as e xplained in this order. It is further ordered that Landowners' objections to the Commissions Report (ECF No. 660 ) are overruled, and their request to modify the Report in part is denied. The Clerk of Court is directed to enter judgment in accordance with this order and close this case. Signed by Chief Judge Miranda M. Du on 8/27/2020. (Copies have been distributed pursuant to the NEF - DRM)
May 29, 2020 Opinion or Order Filing 656 COMMISSION'S FINDINGS OF FACTS AND CONCLUSIONS OF LAW. Signed by Land Commissioners Michael L. Douglas, Peggy A. Leen, and Philip M. Pro on 5/29/2020. (Copies have been distributed pursuant to the NEF - LW)
March 18, 2020 Opinion or Order Filing 627 ORDER granting ECF No. 626 Stipulation to extend time to file proposed findings of fact, conclusions of law. Pursuant to the agreement of the parties, proposed findings of fact and conclusions of law are due by 2:00 PM on 4/16/2020. Signed by Chief Judge Miranda M. Du on 3/17/2020. (Copies have been distributed pursuant to the NEF - PAV)
February 24, 2020 Opinion or Order Filing 620 ORDER granting 619 Stipulation Regarding Certain Exhibits in Evidence. Please see the order for specifics. Signed by Chief Judge Miranda M. Du on 2/24/2020. (Copies have been distributed pursuant to the NEF - PAV)
January 30, 2020 Opinion or Order Filing 584 ORDER granting 582 Stipulation regarding certain trial exhibits. Signed by Chief Judge Miranda M. Du on 1/30/2020. (Copies have been distributed pursuant to the NEF - PAV)
January 24, 2020 Opinion or Order Filing 575 ORDER approving ECF No. 573 Stipulation regarding trial procedures. The Court's minute order (ECF No. 572 is amended as detailed in the attached order. The deadline for the filing of trial briefs is vacated. See document for additional specifics. Signed by Chief Judge Miranda M. Du on 1/24/2020. (Copies have been distributed pursuant to the NEF - PAV)
January 8, 2020 Opinion or Order Filing 569 ORDERED that the United States' motion in limine (ECF No. 541 ) is denied, except to the limited extent it is granted as specified herein. It is further ordered that the Landowners' motion for leave to provide an offer of proof on the Qualtrics 1 and 2 surveys (ECF No. 545 ) is denied. Signed by Chief Judge Miranda M. Du on 1/8/2020. (Copies have been distributed pursuant to the NEF - DRM)
November 21, 2019 Opinion or Order Filing 550 ORDER granting ECF No. 548 Stipulation : Response to ECF No. 545 Motion due by 12/6/2019. Reply due by 12/20/2019. Signed by Chief Judge Miranda M. Du on 11/21/2019. (Copies have been distributed pursuant to the NEF - DRM)
November 12, 2019 Opinion or Order Filing 544 ORDER re attached disclosure statements : The Clerk of Court is directed to provide a copy of this order to the Land Commissioners by email: (1) The Honorable Philip M. Pro; (2) The Honorable Peggy A. Leen; and (3) The Honorable Justice Michael L. Douglas. (Specified emails sent 11/13/2019.) Signed by Chief Judge Miranda M. Du on 11/12/2019. (Copies have been distributed pursuant to the NEF - DRM)
November 5, 2019 Opinion or Order Filing 542 ORDER granting ECF No. 540 Stipulation Regarding In Limine Issues. Signed by Chief Judge Miranda M. Du on 11/5/2019. (Copies have been distributed pursuant to the NEF - LH)
October 29, 2019 Opinion or Order Filing 539 ORDER Re: 520 Notice requiring security checks. The parties are ordered to provide the information requested in the notice (ECF No. 520 ), following the process outlined in the Notice, as soon as possible. It ordered that the parties m ust confer and submit a joint, written plan regarding the site visit that reflects the parties' agreement regarding any disputed procedures within 30 days of the date of entry of this order. The Clerk of Court is directed to send both a copy of this order and another copy of the notice (ECF No. 520 ) to the Land Commissioners by email. The Court further directs the Land Commissioners to provide the information requested in the notice, following the process outlined in the notice as soon as practicable. Signed by Chief Judge Miranda M. Du on 10/29/2019. (Copies have been distributed pursuant to the NEF and to Land Commissioners Hon. Philip M. Pro, Hon. Peggy A. Leen and Honorable Justice Michael L. Douglas - PAV)
September 26, 2019 Opinion or Order Filing 523 ORDERED that the government will bear 75% of the costs of the land-use Commission and Landowners will bear 25% of the costs of the Commission. Signed by Chief Judge Miranda M. Du on 9/26/2019. (Copies have been distributed pursuant to the NEF - DRM)
September 25, 2019 Opinion or Order Filing 522 ORDER that the Court will direct that a copy of this Order, the scheduling order (ECF No. 506 ), and the Government's Notice of Requirement of Background Checks Prior to Site Visit (ECF No. 520 ) be provided to the Commissioners. Signed by Chief Judge Miranda M. Du on 9/25/2019. (Copies have been distributed pursuant to the NEF - LH)
September 17, 2019 Opinion or Order Filing 515 ORDERED that the parties' objections related to the prospective land commissioners are due by 9/24/2019. Signed by Chief Judge Miranda M. Du on 9/17/2019. (Copies have been distributed pursuant to the NEF - DRM)
September 16, 2019 Opinion or Order Filing 512 ORDER GRANTING ECF No. 507 Unopposed Motion to Reschedule Settlement Conference : The settlement conference is continued to 9:30 a.m. on October 28, 2019. Settlement conference statements shall be submitted not later than 3:00 p.m. on October 21, 2019. All other requirements outlined in the Court's order at Docket No. 503 remain in effect. Signed by Magistrate Judge Nancy J. Koppe on 9/16/2019. (Copies have been distributed pursuant to the NEF - DRM)
September 13, 2019 Opinion or Order Filing 506 ORDER approving Joint Proposed Scheduling order (ECF No. 505 . Motions in limine due by 11/1/2019; responses due 11/15/2019; replies due 11/22/2019. Pretrial disclosures to be shared between the parties by 11/20/2019. The Proposed Joint Pretrial Order is due by 12/18/2019. Submission of Proposed Order re: proposed site visit instructions/script and proposed Commissioner instructions, including any objections are due by 1/31/2020. The Bench Trial will begin on 2/7/2020 at 10:00 AM in a Las Vegas Courtroom to be determined before Chief Judge Miranda M. Du. See order for additional details. Signed by Chief Judge Miranda M. Du on 9/12/2019. (Copies have been distributed pursuant to the NEF - PAV)
September 10, 2019 Opinion or Order Filing 503 ORDER Scheduling a Settlement Conference for 10/15/2019 at 9:30 AM in LV Chambers - fourth floor before Magistrate Judge Nancy J. Koppe. The settlement conference statements shall be submitted, in an envelope marked"Confidential," directly to the undersigned's box in the Clerk's Office not later than 3:00 PM on 10/8/2019. DO NOT SERVE A COPY ON OPPOSING COUNSEL. Signed by Magistrate Judge Nancy J. Koppe on 9/10/2019. (Copies have been distributed pursuant to the NEF - LH)
August 29, 2019 Opinion or Order Filing 497 ORDER denying ECF Nos. 385 , 390 , 398 and 399 Landowners' motions; granting in part and denying in part ECF No. 400 Landowners' motion; granting ECF Nos. 402 and 404 government's motions; denying as moot ECF Nos. 386 , 391 Landowners' motions; denying as moot ECF No. 403 government's motion; denying ECF Nos. 395 , 396 , 397 Landowners' motions; granting ECF Nos. 401 , 406 , 407 , and 408 government's motions; and denying ECF No. 409 government's motion. See order pdf for further details. Signed by Judge Miranda M. Du on 8/29/2019. (Copies have been distributed pursuant to the NEF - LH)
August 27, 2018 Opinion or Order Filing 371 ORDER that DENIES ECF Nos. 358 Plaintiff's motion to strike and 364 Sheahan Landowners' counter-motion to strike; and EXTENDS the discovery cut-off to 9/14/2018, for the limited purpose of allowing Plaintiff to either depose Mr. DiFederico or disclose a rebuttal expert report. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Magistrate Judge Nancy J. Koppe on 8/27/2018. (Copies have been distributed pursuant to the NEF - LH)
August 16, 2018 Opinion or Order Filing 359 ORDER re Plaintiff's motion to strike Defendant Sheahan Landowners' supplemental expert report, filed on an emergency basis (ECF No. 358 ). Response due by 8/20/2018. Reply due by 8/21/2018. Signed by Magistrate Judge Nancy J. Koppe on 8/16/2018. (Copies have been distributed pursuant to the NEF - LH)
July 18, 2018 Opinion or Order Filing 353 ORDER granting ECF No. 352 Motion to add interested party Amy E. Sears. The United States shall serve notice to the new party pursuant to Rule 71.1(d)(3). Signed by Judge Miranda M. Du on 7/18/2018. (Copies have been distributed pursuant to the NEF - DRM)
January 23, 2018 Opinion or Order Filing 332 ORDER granting ECF No. 331 Motion to Admit Government Attorney Mark C. Elmer. Signed by Judge Miranda M. Du on 1/23/2018. (Copies have been distributed pursuant to the NEF - KR)
December 26, 2017 Opinion or Order Filing 319 ORDER denying without prejudice ECF No. 317 Motion to Extend Deadlines. any renewed joint motion shall be filed no later than 1/2/2018. Signed by Magistrate Judge Nancy J. Koppe on 12/26/2017. (Copies have been distributed pursuant to the NEF - KW)
November 30, 2017 Opinion or Order Filing 303 ORDER re ECF Nos. 300 , 301 and 302 mail returned as undeliverable to Melanie Goodpasture. Ms. Goodpasture is hereby ORDERED to file a written notice of change of address by 12/15/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/30/2017. (Copies have been distributed pursuant to the NEF - LH)
November 22, 2017 Opinion or Order Filing 295 ORDER that Mr. and Mrs. Sheahan are hereby ORDERED to file a written notice of change of address by 11/28/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/22/2017. (Copies have been distributed pursuant to the NEF - KW)
November 9, 2017 Opinion or Order Filing 276 ORDERED that Landowner's motion for reconsideration (ECF No. 205 ) is denied. Signed by Judge Miranda M. Du on 11/9/2017. (Copies have been distributed pursuant to the NEF - DRM)
October 24, 2017 Opinion or Order Filing 246 ORDER that the United States' motions to exclude the mineral resource estimate opinion of NGL ECF No. 130 , survey data ECF No. 133 , the expert opinion of Cameron Steinagel ECF No. 134 , and the expert opinion of Terrence Clauretie ECF No. 135 are denied. Signed by Judge Miranda M. Du on 10/24/2017. (Copies have been distributed pursuant to the NEF - KW)
September 29, 2017 Opinion or Order Filing 241 ORDER - The United States' motion to exclude evidence relating to the cause of the mill building fire (ECF No. 128 ) is granted. It is further ordered that the United States' motion to exclude consideration of value to the government (E CF No. 129 ) is granted in part and denied in part. It is granted with respect to Clauretie III and denied with respect to Clarion II and DiFederico. It is further ordered that Defendants' motion to preserve issues for the jury (ECF No. 132 ) is denied. Signed by Judge Miranda M. Du on 9/29/2017. (Copies have been distributed pursuant to the NEF - DRM)
September 26, 2017 Opinion or Order Filing 239 ORDER re ECF No. 238 Mail Returned addressed to attorney Stanley Pedder : Counsel is hereby ORDERED to file a written notice of change of address by October 10, 2017. Signed by Magistrate Judge Nancy J. Koppe on 9/26/2017. (Copies have been distributed pursuant to the NEF - DRM)
May 3, 2017 Opinion or Order Filing 225 ORDER granting ECF No. 213 Motion to Add Interested Parties. Signed by Magistrate Judge Nancy J. Koppe on 5/3/2017. (Copies have been distributed pursuant to the NEF - KR)
March 10, 2017 Opinion or Order Filing 191 ORDER that the Sheahan Landowners motion to compel ECF No. 131 is hereby DENIED. IT IS SO ORDERED. Signed by Magistrate Judge Nancy J. Koppe on 03/10/2017. (Copies have been distributed pursuant to the NEF - KW)
December 30, 2016 Opinion or Order Filing 125 ORDER granting ECF No. 119 Motion and directing the filing of all motions re threshold discovery issues by 1/10/2017; staying the remaining discovery deadlines pending order resolving motions. Joint Proposed Discovery Plan due within 7 days of resolution of motions. Signed by Magistrate Judge Nancy J. Koppe on 12/29/2016. (Copies have been distributed pursuant to the NEF - KR)
October 5, 2016 Opinion or Order Filing 111 ORDER DETERMINING LEGAL VALIDITY OF TAKING AND STRIKING IMPROPER DEFENSES re ECF No. 110 Proposed Order, granting ECF No. 54 Motion for Summary Judgment on the United States' Authority to Condemn; granting ECF No. 54 Motion to Strike with respect to the affirmative defenses raised in ECF No. 53 Answer; denying ECF No. 54 Motion to Strike with respect to remaining matters. Signed by Judge Miranda M. Du on 10/4/2016. (Copies have been distributed pursuant to the NEF - KR) Modified on 10/5/2016 to clarify (KR).
April 27, 2016 Opinion or Order Filing 96 ORDER Granting 94 Stipulation to Enter Confidentiality and Protective Order and Confidentiality and Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 04/27/2016. (Copies have been distributed pursuant to the NEF - NEV)
March 28, 2016 Opinion or Order Filing 91 ORDER Granting 89 Motion to Admit Government Attorney, Johanna Franzen, to Practice in the District of Nevada for Duration of Attorney's Government Employment. Signed by Judge Miranda M. Du on 03/25/2016. (Copies have been distributed pursuant to the NEF - NEV)
March 9, 2016 Opinion or Order Filing 85 ORDER. The Clerk of Court shall issue a check in the amount of $1,020,000.00 made payable to the Law Offices of Kermitt L. Waters and that the same shall be released to the Law Offices of Kermitt L. Waters, forthwith. (See order for additional details.) Signed by Judge Miranda M. Du on 3/9/16. (Copies have been distributed pursuant to the NEF - PS)
March 7, 2016 Opinion or Order Filing 83 ORDER Granting Plaintiff's Motion for Order of Immediate Possession. All Defendants to this action and all persons in possession or control of the property described in the Complaint filed herein shall surrender possession of said property to the extent of the estate being condemned to the Plaintiff immediately. A notice of this Order shall be served upon all persons in possession or control of the said property forthwith. Signed by Judge Miranda M. Du on 3/7/16. (Copies have been distributed pursuant to the NEF - PS)
January 5, 2016 Opinion or Order Filing 67 ORDER Denying without prejudice 64 Proposed Discovery Plan/Scheduling Order. The parties shall refile a joint discovery plan, no later than 1/11/16, and, to the extent they agree to request to bifurcate the trial, shall refile that stipulation separately. Signed by Magistrate Judge Nancy J. Koppe on 1/5/16. (Copies have been distributed pursuant to the NEF - PS)
December 22, 2015 Opinion or Order Filing 58 ORDER DENYING without prejudice 57 Proposed Discovery Plan/Scheduling Order. The parties shall file a joint discovery plan, no later than 1/4/16, with the signature of Ms. Tanis' counsel. Signed by Magistrate Judge Nancy J. Koppe on 12/22/15. (Copies have been distributed pursuant to the NEF - PS)
December 18, 2015 Opinion or Order Filing 56 ORDER Granting 55 Motion to Admit Government Attorney to Practice in the District of Nevada for Duration of Attorney's Government Employment. Signed by Judge Miranda M. Du on 12/17/15. (Copies have been distributed pursuant to the NEF - PS)
September 16, 2015 Opinion or Order Filing 14 ORDER Granting 11 Ex Parte Motion for Order of Immediate Possession. Signed by Judge Miranda M. Du on 9/16/15. (Copies have been distributed pursuant to the NEF - TR)
September 14, 2015 Opinion or Order Filing 9 ORDER Granting 4 Motion for Order for Clerk to Deposit Funds. Signed by Judge Miranda M. Du on 9/14/15. (Copies have been distributed pursuant to the NEF - PS)
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Search for this case: United States of America v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada
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Defendant: 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Jessie James Cox
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Lauriene Jane DeAngelo
Represented By: Kermitt L Waters
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Interested party: Barbara Wheatley Flanagan
Represented By: Kermitt L Waters
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Interested party: Mary Avis Sheahan Fuller
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Lisa A. & William L. Hegwood
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Heirs of Daniel R. Sheahan
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Interested party: Heirs of James D. Wheatley
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Interested party: Heirs of Jerome F. Sears, Jr.
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Interested party: Heirs of Mary Joyce Wheatley Haven
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Interested party: Heirs of Mayme C. Brown
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Interested party: Heirs of Patricia Ann Wheatley
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Interested party: Heirs of Thomas J. (T.J.) Wheatley
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Interested party: Heirs of Thomas O. Sears (a.k.a. Tom O. Sears)
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Interested party: Heirs of Winifred Wheatley
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Interested party: Ruth Ann Houx Loughridge
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Interested party: Barbara F. Manning
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Other interested parties
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Interested party: Thomas H. Sears
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Interested party: Sr. Barbara S. Sheahan
Represented By: Kermitt L Waters
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Interested party: Benjamin E. & Theresa Sheahan
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Christina Francis Sheahan
Represented By: Kermitt L Waters
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Interested party: Daniel R. Sheahan, Jr.
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Deborah Lynn Sheahan
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Interested party: John B. Sheahan
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Interested party: Joseph Richard Sheahan
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Joseph R. & Michelle Sheahan
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Interested party: Martha Alice Sheahan
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Interested party: Martha A. & Ford Dixon III Sheahan
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Interested party: Michael James Sheahan
Represented By: Kermitt L Waters
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Interested party: Michael W. Sheahan
Represented By: Kermitt L Waters
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Interested party: Patrick Joseph Sheahan
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Patrick J. & Rhonda Susan Fleming Sheahan
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Interested party: Sarah Jane Sheahan
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Interested party: Sheahan Family Trust
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Alicia R. Sheahan-Hall
Represented By: James Jack Leavitt
Represented By: Michael Schneider
Represented By: Autumn Waters
Represented By: Kermitt L Waters
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Interested party: Christine Wheatley Tanis
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Interested party: Unknown Heirs of Timothy J. Sheahan
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Plaintiff: United States of America
Represented By: Troy K. Flake
Represented By: Georgia Garthwaite
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