First Bank & Trust v. Reagor Automall, Ltd. et al
| First Bank & Trust |
| Rick Dykes, Brad Burgess, Kenneth Burgess, First Capital Bank of Texas, N.A., Shane Smith, Sheila Miller, Reagor Automall, Ltd., Bart Reagor, Kenneth L Burgess and Brad D Burgess |
| 5:2018cv00234 |
| September 21, 2018 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Other Statutes: Banks and Banking |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on November 14, 2018. A more recent docket listing may be available from PACER.
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| Filing 71 NOTICE of Change of Address for Attorney Jared Michael Slade on behalf of Brad D Burgess, Kenneth L Burgess. (Filer confirms contact info in ECF is current.) (Slade, Jared) |
| Filing 70 First AMENDED ANSWER to #56 Plaintiff's Second Amended Complaint, Subject to Its Motion to Dismiss, and Restated Counterclaim filed by First Capital Bank of Texas, N.A., COUNTERCLAIM against First Bank & Trust filed by First Capital Bank of Texas, N.A. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Hogue, Joel) Modified text on 11/14/2018 (bdg). |
| Filing 69 Appendix in Support filed by First Capital Bank of Texas, N.A. re #68 Brief/Memorandum in Support of Motion to Dismiss Plaintiff's Second Amended Complaint (Hogue, Joel) |
| Filing 68 Brief/Memorandum in Support filed by First Capital Bank of Texas, N.A. re #56 Amended Complaint,,, (Hogue, Joel) |
| Filing 67 Motion to Dismiss for Failure to State a Claim filed by First Capital Bank of Texas, N.A. with Brief/Memorandum in Support. (Hogue, Joel) |
| Filing 66 ANSWER to #56 Amended Complaint,,, filed by Shane Smith. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., CROSSCLAIM against Bart Reagor, Rick Dykes filed by Shane Smith (Aycock, Robert) |
| Filing 65 Motion to Dismiss for Failure to State a Claim filed by Brad D Burgess, Kenneth L Burgess with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Slade, Jared) |
Filing 64
ORDER GRANTING PLAINTIFF'S MOTION TO SEVER: Granting #63 Motion to Sever Defendant Reagor Auto Mall, Ltd. d/b/a Reagor-Dykes of Levelland and d/b/a/ Reagor-Dykes Imports. It is ordered that all remaining claims and counterclaims among Plaintiff and the non-bankrupt Defendants FirstCapital Bank of Texas, N.A., Bart Reagor, Rick Dykes, Shane Smith, Sheila Miller, Brad D. Burgess and Kenneth L. Burgess are not stayed and shall proceed under the above-styled and numbered action. Clerk to open new case for severed matter - Case No. 5:18-CV-266-C. (Ordered by Senior Judge Sam R Cummings on 11/8/2018) (bdg)
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| Filing 63 MOTION to Sever and Brief in Support filed by First Bank & Trust with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Proposed Order Proposed Order) (Lackey, Paul) |
| Filing 62 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First Bank & Trust identifying Corporate Parent/Other Affiliate Heartland Financial USA, Inc. for First Bank & Trust, First Bank & Trust. (Lackey, Paul) |
| Filing 61 NOTICE of Subpoena filed by First Bank & Trust (Attachments: #1 Exhibit(s) 1) (Lackey, Paul) |
| Filing 60 ANSWER to Counterclaim filed by First Bank & Trust. Related document: #32 Answer to Amended Complaint - Counterclaim. (Lackey, Paul) Modified text on 11/1/2018 (bdg). |
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Filing 59
SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 3/1/2019. Discovery due by 3/16/2020. Motions due by 11/1/2019. Jury Trial set for 4/6/2020 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 10/31/2018) (krd)
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Filing 58
ORDER: The Court, having considered Defendants Brad Burgess and Kenneth Burgess' Motion to Dismiss #35 , filed October 11, 2018, is of the opinion that the same should be DENIED AS MOOT following the filing of Plaintiffs Second Amended Complaint because said Motion addresses a non-live pleading. If so desired, Defendants may file a new motion addressing Plaintiffs Second Amended Complaint. (Ordered by Senior Judge Sam R Cummings on 10/31/2018) (krd)
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Filing 57
ORDER: The Court, having considered Defendant First Capital Bank of Texas, N.A.'s Motion to Dismiss #26 , filed October 11, 2018, is of the opinion that the same should be DENIED AS MOOT following the filing of Plaintiffs Second Amended Complaint because said Motion addresses a non-live pleading. If so desired, Defendant may file a new motion addressing Plaintiffs Second Amended Complaint. (Ordered by Senior Judge Sam R Cummings on 10/31/2018) (krd)
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| Filing 56 AMENDED COMPLAINT and Application for Writ of Sequestration against All Defendants filed by First Bank & Trust. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N) (Lackey, Paul) |
| Filing 55 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bart Reagor, Reagor Automall, Ltd.. (Wiehle, Scott) |
| Filing 54 ANSWER to #16 Amended Complaint and Application for Writ of Sequestration filed by Reagor Automall, Ltd.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Wiehle, Scott) Modified text on 10/29/2018 (bdg). |
| Filing 53 ANSWER to #16 Amended Complaint and Application for Writ of Sequestration filed by Bart Reagor. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Wiehle, Scott) Modified text on 10/29/2018 (bdg). |
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Filing 52
ORDER granting in part #51 Motion for Extension of Time to File Answer or otherwise respond is hereby extended to 9:00 a.m. on October 26, 2018. No further extensions will be granted. (Ordered by Senior Judge Sam R Cummings on 10/24/2018) (bdg)
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Answer due from Bart Reagor on 10/26/2018; Reagor Automall, Ltd. on 10/26/2018. ***SEE DOC. NO. 52 FOR IMAGE*** (Ordered by Senior Judge Sam R Cummings on 10/24/2018) (bdg)
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| Filing 51 Motion for Extension of Time to File Answer to Amended Complaint filed by Bart Reagor, Reagor Automall, Ltd. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Scott R Wiehle added to party Bart Reagor(pty:dft) (Wiehle, Scott) |
| Filing 50 (Document Restricted) Writ of Sequestration executed as to Reagor Auto Mall, Ltd., d/b/a Reagor-Dykes Imports. (bdg) (Main Document 50 replaced on 10/23/2018) (krd). |
| Filing 49 (Document Restricted) Writ of Sequestration executed as to Reagor Auto Mall, Ltd., d/b/a Reagor-Dykes of Levelland. (bdg) (Main Document 49 replaced on 10/23/2018) (krd). |
| Filing 48 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Shane Smith. (Aycock, Robert) |
| Filing 47 ANSWER to #16 Amended Complaint,,, filed by Shane Smith. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Aycock, Robert) |
| Filing 44 NOTICE of Funds Deposited into Account filed by First Bank & Trust (Attachments: #1 Exhibit(s) Exhibit A) (Lackey, Paul) |
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Filing 42
AGREED ORDER FOR ISSUANCE OF WRIT OF SEQUESTRATION (Ordered by Senior Judge Sam R Cummings on 10/15/2018) (bdg)
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Filing 41
ORDER NUNC PRO TUNC: This Order replaces the Court's Order entered earlier on even date that set time limits for the October 15, 2018 hearing. The hearing on Plaintiff's Application for Writ of Sequestration remains set for 9:00 a.m. on October 15, 2018. The Court finds that the time for submitting evidence and arguments, including examination and cross-examination of witnesses, shall be limited to ninety (90) minutes each for (1) Plaintiff (2) Defendant Reagor Auto Mall, Ltd., and (3) Defendant First Capital Bank of Texas, N.A. (Ordered by Senior Judge Sam R Cummings on 10/12/2018) (zzm)
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| Filing 40 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First Capital Bank of Texas, N.A.. (Hogue, Joel) |
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Filing 39
ORDER: The hearing on Plaintiff's Application for Writ of Sequestration remains set for 9:00 a.m. on October 15, 2018. The Court finds that the time for submitting evidence and arguments, including examination and cross-examination of witnesses, shall be limited to one hundred fifty (150) minutes each for Plaintiff and Defendant Reagor Auto Mall, Ltd. (Ordered by Senior Judge Sam R Cummings on 10/12/2018) (zzm)
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Filing 38
ORDER GRANTING DEFENDANTS' MOTION TO EXTEND DEADLINE TO FILE ANSWER #34 Motion for Extension of Time to File Answer as to Reagor-Dykes Auto Mall Ltd. d/b/a Reagor-Dykes of Levelland and d/b/a Reagor-Dykes Imports. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the deadline for Defendants Reagor-Dykes Auto Mall Ltd. d/b/a Reagor-Dykes of Levelland and d/b/a Reagor-Dykes Imports to file their answers to Plaintiff's First Amended Complaint and Application for Writ of Sequestration is October 24, 2018. (Ordered by Senior Judge Sam R Cummings on 10/12/2018) (zzm)
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Filing 37
ORDER GRANTING DEFENDANT'S MOTION TO EXTEND DEADLINE TO FILE ANSWER #29 Motion for Extension of Time to File Answer as to Bart Reagor. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the deadline for Defendant Bart Reagor to file his answer to Plaintiff's First Amended Complaint and Application for Writ of Sequestration is October 24, 2018. (Ordered by Senior Judge Sam R Cummings on 10/12/2018) (zzm)
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| Filing 36 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brad Burgess, Kenneth Burgess. (Slade, Jared) |
| Filing 35 Motion to Dismiss for Failure to State a Claim filed by Brad Burgess, Kenneth Burgess with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Jared Michael Slade added to party Brad Burgess(pty:dft), Attorney Jared Michael Slade added to party Kenneth Burgess(pty:dft) (Slade, Jared) |
| Filing 34 Motion for Extension of Time to File Answer filed by Reagor Automall, Ltd. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Scott R Wiehle added to party Reagor Automall, Ltd.(pty:dft) (Wiehle, Scott) |
| Filing 33 RESPONSE AND OBJECTION filed by First Capital Bank of Texas, N.A. re: #16 MOTION for Hearing on Plaintiff's Application for Writ of Sequestration (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Massouh, John) Modified to link to Amended Complaint per telephone call from J. Hogue 10/12/2018 (zzm). |
| Filing 32 FirstCapital Bank of Texas, N.A.'s ANSWER to #16 Amended Complaint,,, filed by First Capital Bank of Texas, N.A.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against First Bank & Trust filed by First Capital Bank of Texas, N.A. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Hogue, Joel) |
| Filing 31 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rick Dykes. (Kirkendall, Thomas) (Main Document 31 replaced as flattened document on 10/12/2018) (zzm). |
| Filing 30 ANSWER to #16 Amended Complaint,,, with Jury Demand filed by Rick Dykes. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Thomas Murray Kirkendall added to party Rick Dykes(pty:dft) (Kirkendall, Thomas) |
| Filing 29 Motion for Extension of Time to File Answer filed by Bart Reagor with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Marshall M Searcy added to party Bart Reagor(pty:dft) (Searcy, Marshall) |
| Filing 28 Appendix in Support filed by First Capital Bank of Texas, N.A. re #27 Brief/Memorandum in Support of Motion (Hogue, Joel) |
| Filing 27 Brief/Memorandum in Support filed by First Capital Bank of Texas, N.A. re #26 Motion to Dismiss for Failure to State a Claim (Hogue, Joel) |
| Filing 26 Motion to Dismiss for Failure to State a Claim filed by First Capital Bank of Texas, N.A. with Brief/Memorandum in Support. (Hogue, Joel) |
| Filing 25 WAIVER OF SERVICE Returned Executed as to Sheila Miller. Waiver sent on 10/4/2018. (Lackey, Paul) |
| Filing 24 SUMMONS Returned Executed as to Shane Smith ; served on 10/2/2018. (Lackey, Paul) |
| Filing 23 SUMMONS Returned Executed as to Rick Dykes ; served on 10/2/2018. (Lackey, Paul) |
| Filing 22 SUMMONS Returned Executed as to Reagor Automall, Ltd. ; served on 10/2/2018. (Lackey, Paul) |
| Filing 21 SUMMONS Returned Executed as to Kenneth Burgess ; served on 10/2/2018. (Lackey, Paul) |
| Filing 20 SUMMONS Returned Executed as to Brad Burgess ; served on 10/2/2018. (Lackey, Paul) |
| Filing 19 SUMMONS Returned Executed as to Bart Reagor ; served on 10/2/2018. (Lackey, Paul) |
| Filing 18 SUMMONS Returned Executed as to First Capital Bank of Texas, N.A. ; served on 10/2/2018. (Lackey, Paul) |
| Filing 17 ANSWER to #16 Amended Complaint,,, filed by Sheila Miller. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Robert N Nebb added to party Sheila Miller(pty:dft) (Nebb, Robert) |
| APPLICATION for Writ of Sequestration by First Bank & Trust. ***SEE DOCUMENT 16 FOR IMAGE OF PDF*** (bdg) |
| Filing 16 AMENDED COMPLAINT and Application for Writ of Sequestration against All Defendants filed by First Bank & Trust. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N) (Lackey, Paul) |
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Filing 15
ORDER granting in part #13 Motion for Extension of Time to File Answer. Defendant Smith's answer is due twenty-one (21) days from the date he was served with the Summons and a copy of the state court pleading. The hearing scheduled for October 15, 2018, remains set as previously scheduled. (Ordered by Senior Judge Sam R Cummings on 10/4/2018) (bdg)
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| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sheila Miller. (Nebb, Robert) |
| Filing 13 Motion for Extension of Time to File Answer filed by Shane Smith Attorney Robert Andrew Aycock added to party Shane Smith(pty:dft) (Aycock, Robert) |
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Filing 12
ORDER: The Court ORDERS Plaintiff to file an amended pleading, on or before 9:00 a.m. on October 5, 2018, that complies with the Federal Rules of Civil Procedure. Defendants shall file their answer(s) on or before 9:00 a.m. on October 12, 2018. Plaintiff shall serve a copy of this Order on the Defendants. (Ordered by Senior Judge Sam R Cummings on 10/1/2018) (zzm)
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Filing 11
ORDER: The hearing on Plaintiff's Application for Writ of Sequestration is RESET for 10/15/2018 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. The parties shall submit any proposed orders relating to the Application for Writ of Sequestration for the Court's review by 9:00 a.m. on October 10, 2018. Plaintiff shall serve a copy of this Order on the Defendants. (Ordered by Senior Judge Sam R Cummings on 10/1/2018) (bdg)
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Filing 10
ORDER granting #5 Motion for Hearing on Plaintiff's Application for Writ of Sequestration. Plaintiff's Application for Writ of Sequestration is set for hearing on 10/15/2018 10:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. Plaintiff shall serve a copy of this Order on the Defendants. (Ordered by Senior Judge Sam R Cummings on 9/28/2018) (bdg)
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| Filing 9 Summons Issued as to First Capital Bank of Texas, N.A.. (bdg) |
| Filing 8 Summons Issued as to Bart Reagor, Brad Burgess, Kenneth Burgess, Sheila Miller, Reagor Automall, Ltd., Rick Dykes, Shane Smith. (bdg) |
| Filing 7 CERTIFICATE OF SERVICE by First Bank & Trust re #6 Request for Clerk to Issue Document (Lackey, Paul) |
| Filing 6 Request for Clerk to issue Citations to All Defendants filed by First Bank & Trust. (Lackey, Paul) |
| Filing 5 MOTION for Hearing on Plaintiff's Application for Writ of Sequestration filed by First Bank & Trust (Attachments: #1 Proposed Order Proposed Order) (Lackey, Paul) |
| Filing 4 NEW CASE NOTES: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (zzm) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First Capital Bank of Texas, N.A.. (Hogue, Joel) |
| Filing 2 NOTICE of Related Case filed by First Capital Bank of Texas, N.A. (Hogue, Joel) |
| Filing 1 NOTICE OF REMOVAL from 72nd Lubbock County, case number 2018532240 filed by First Capital Bank of Texas, N.A.. (Filing fee $400; receipt number 0539-9469677) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement) (Hogue, Joel) |
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