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plaintiffs, would essentially be a retrial of the case, Luke noted that both sides had spent hours working with Judge Robertson in drafting the instructions to the jury. If there is to be a review of the case, he argued, it should come at the appeals level.
When attorney David Konick filed the request in September to have the jury’s verdict set aside, Judge Robertson expressed concern that, due to a heavy case load, it could take a year before he could find the time to review the arguments of both sides and issue a ruling on the motion to set aside the verdict. On November 1, however, he denied the request. ■
Entering of the final decree in the Holmes case was set for November 11. But at that time, plaintiff s attorney William Casselman asked for a postponement until December to give a new appelate counsel. E. Milton Farley III, hired by Paleologos an opportunity to review the wording of the final order. He maintained that wording of the order would be crucial to the State Supreme Court's decision on whether to hear an appeal. "This has gone on for four years and there's every indication that it will go on for several more years." he said, arguing that a delay of three weeks in entering the final order would be of no consequence.
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