I worked with the Engineers and they were great to work with. website until it is completed. Contacts 36. Responses due by 11/16/2015 (Hymore, Ryan), NOTICE of Hearing: Final Pretrial Conference set for 10/21/2016 @9:30 AM in Room #243 before Judge James L. Graham. Please Note:The Rule 26(f) Report for the Eastern Division has changed. For the reasons presented above, we vacate the award of $220,498.70 and remand for further proceedings to recalculate Bruner Corporation's conversion damages. Answer due 7/27/2015. Doc. at 16. Subsequent to the original boiler contract, Bruner requested that Comtech perform a number of modifications to the boilers and related parts, on a time and materials basis. Assistant for six engineers in the HVAC field (Former Employee) - Hilliard, OH - September 4, 2017. 11, there is no indication that Wisconsin has qualified its rule in this way. Excise tax bills for 2023 were mailed on 2/7/23. The Marin Independent Journal reported Bruner's lawsuit. 25). The Plaintiff, Comtech, now seeks summary judgment to collect on all the unpaid invoices, based on its assertion that there is no dispute of fact as to the scope of the Initial Purchase Order, the fact of the time and materials basis for the invoices, and the unpaid status of those invoices. Later that same year, Joseph Prochot, the President and CEO of Bruner Corporation, had a heated conversation with Robert Bruner, Sr., in which Prochot told Bruner explicitly that under no circumstances would the company sell to him directly. 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Bruner also moved to dismiss the RICO and WOCCA claims against it for failure to plead with sufficient particularity, as part of its motion for summary judgment. Bruner Corporation :: Ohio Southern District Court :: Federal Civil Lawsuit No. (kk2)In light of the COVID-19 pandemic, all in-person mediations are post poned; however, the parties and mediators are DIRECTED to attempt mediation via telephone or video conference. COMTECH HOLDINGS, INC., an Illinois corporation, d/b/a XCELL MECHANICAL SERVICES, Plaintiff, v. BRUNER CORPORATION, an Ohio corporation, Defendant. R.A. Bruner argues that it owes damages based on its joint and several liability with John Balogh, the seller of the stolen property. Until the late 1960s, Appellant Robert A. Bruner, Sr. worked for Bruner Corporation, which was founded in the 1940s by Ted Bruner, the appellant's father. On average, employees at Bruner stay with the company for 4.5 years. Signed by Magistrate Judge Chelsey M. Vascura on 3/18/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/20/2015. (Attachments: #1 Exhibit A - Proof of Service, #2 Exhibit B - Proof of Service, #3 Exhibit C - Proof of Service, #4 Exhibit D - Proof of Service, #5 Exhibit E - Proof of Service, #6 Exhibit F - Proof of Service, #7 Exhibit G - Proof of Service) (Evenchik, Aaron) Modified text on 2/5/2020 (ew). Before Snyder, P.J., Brown and Anderson, JJ. Plaintiff has failed to file a reply to Defendant's Additional Material Facts. Defendant has established material issues of fact on the underlying claim for damages, and has also shown some dispute with the correct amounts due under the invoices; pointing to the absence of Defendant's signature on the invoices, Defendant claims the hour and material calculations are of dubious veracity. Dft's answer or other responsive pleading is due by 5/27/2015. Their license was verified as active when we last checked. Job summary for Bruner. In any case, Bruner invoices and is paid the negotiated sales price, and the representative who solicited the sale receives a 10% commission on the sales price. 2. This matter is before the Court on Plaintiff's Motion for Summary Judgment (Doc. Summary judgment is proper where the materials in the record demonstrate that there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Mount Greylock State Reservation. Fed. ASMIK ALVADZHYAN VS TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ET AL. John Balogh pleaded guilty to one count of interstate transportation of stolen goods, in violation of 18 U.S.C. Bruner Corporation contends that a reasonable fact-finder could rely on this discrepancy in the payment and invoicing procedures as support for a finding that R.A. Bruner either knew that the goods purchased through Balogh were stolen, or at least knew enough that it should have inquired as to whether the sales were authorized. 2:15-cv-00607 in the Ohio Southern District Court. 3637 Lacon Road Hilliard. Team . United States of America et al v. Travelers Casualty and Surety Company of America et al. Doc. Not only do we design and construct commercial mechanical systems, but we also have a robust preventative maintenance . Served on 1/30/2020. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order, #2 Exhibit B - Discovery Requests, #3 Exhibit C - Notice of Deposition) (Evenchik, Aaron) (Entered: 03/11/2020), (#13) MOTION for Preliminary Injunction by Plaintiff Travelers Casualty and Surety Company of America. That initial $2,586,200.00 contract between Bruner and Comtech has been fully paid. Contact & Company Search Sales Automation Conversation Intelligence Workflows. The affidavit describes the prices (and the compensation for the retailers) as follows: With respect to orders for assembled equipment, representatives are entitled to a 10% commission as well as overages, i.e., the difference between the selling price and Bruner's factory discounted price. Id. (Schnee, Douglas), Order Setting Mediation Conference: Mediator Jack R. Pigman to conduct Settlement Week Conference on 3/17/2016 at 01:30 PM. (Evenchik, Aaron) (Entered: 03/09/2020), (#7) NOTICE of Hearing: Preliminary Pretrial Conference set for 3/16/2020 10:00 AM before Magistrate Judge Chelsey M. Vascura. Bruner claims that, because it fully paid the original contract, and Comtech's proceeding work was necessitated by its breach of that original contract, that it has no obligation to pay Comtech for the repairs. Proven Performance. The court also granted summary judgment in favor of Bruner Corporation on R.A. Bruner's counterclaims alleging tortious interference with contractual relationships and violation of the Wisconsin Fair Dealership Law. 134.01. On January 27, 1993, Plaintiff Bruner Corporation ("Bruner") filed a civil action in the United States District Court for the Eastern District of Wisconsin alleging that one of its former employees, Defendant John Balogh, and his brother, Defendant Roger Balogh had stolen and sold over $1,000,000 worth of Bruner water treatment equipment. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/11/2015. 4:18-CV-04085 | 2018-04-20, Los Angeles County Superior Courts | Contract | Because the argument was not properly raised before the district court entered judgment, it is waived below and for purposes of appeal. We cannot conclude that this information, which is the only evidence relating to the relevance of list prices, lays to rest all genuine issues of material fact regarding the prices at which R.A. Bruner sold the converted property to consumers. 25) is DENIED. $495,000 Report child abuse or neglect. at 36. (Attachments: # 1 Appendix Jury Instructions, # 2 Appendix Decorum, # 3 Appendix Final Pre-trial Order) (ds), PRELIMINARY PRETRIAL ORDER: This case is referred to the 12/2015 SETTLEMENT WEEK. (mas), Unopposed MOTION for Extension of Time to File Answer re 11 Order on Motion for Extension of Time, 1 Complaint, 9 Order on Motion for Extension of Time to Answer, 6 Stipulation New date requested 6/25/2015. Responses due by 10/5/2015 (Hymore, Ryan), RULE 26(f) REPORT of the Parties by Defendant Bruner Corporation. Case reassigned to Magistrate Judge Chelsey M. Vascura. In a letter dated July 8, 1991, Bruner Corporation management told R.A. Bruner that it could not purchase Bruner Corporation products directly and that it had to make purchases through Stickler & Associates, the manufacturer's representative for the area. Call Belt, Bruner, & Barnett P.C. Finally, one place to get all the court documents we need. The court did not address this argument, however, but instead granted summary judgment on the grounds of R.A. Bruner's lack of knowledge. It not only design and build commercial mechanical systems, but it has a large preventative maintenance and service base to look after mechanica See more. (kk2) (Entered: 03/18/2020), (#18) MOTION for Reconsideration re #17 Order on Motion for Preliminary Injunction, Order on Motion for Discovery by Plaintiff Travelers Casualty and Surety Company of America. 02-10-2023 . (Jodka, Sara), ORDER Granting 10 Dft's Motion for Extension of Time to Answer. Founded. Doc. In a response, lawyers for Telltale said Bruner's suit was. Please Note:The Rule 26(f) Report for the Eastern Division has changed. v. St. Paul Fire and Marine Ins. First, the most significant dispute is over whether the invoices in this case are the result of a prior breach by Comtech in the initial boiler contract. Please ensure that you are using the correct form. While different types of lawsuits follow different trajectories through the legal system, there are . denied sub nom. Doc. Sign up or sign in to contribute one. 946.83(3), and Wisconsin's civil conspiracy law, Wis. Stat. Multiple locations. by Defendant Bruner Corporation. Bruner Vs Abex Corp.* State Civil Lawsuit Superior Court of California . at 17. Doc. Plaintiff correctly asserts that Defendant has conceded the unpaid invoices (other than Invoice 7933) were not "part" of the Initial Purchase Order. (Jodka, Sara), ORDER granting 12 Motion for Extension of Time to Answer. Id. Hensel for Plaintiff Travelers Casualty and Surety Company of America (Hensel, A.J.) 134.01. Do not close your browser or leave the NLRB Case No. When it purchased from the company, R.A. Bruner made its checks payable to Bruner Corporation and received computer-printed invoices from Bruner Corporation that prominently displayed the company name and logo. (approving the use of an ostrich instruction in a case involving prosecution for mail and wire fraud), cert. * This document may require redactions before it can be viewed. Motion due 11/6/2015. Cybersecurity resources. The invoices given by Balogh to R.A. Bruner indicate that R.A. Bruner paid $128,431.96 for these goods. Additionally, Mr. Furst states that Comtech did not provide functional non-return valves, functional boiler control software, or a functional flue gas recirculation system, all of which were expected under the Initial Purchase Order. Top Companies . (EPD) (Entered: 10/26/2015), Unopposed MOTION for Extension of Time to File New date requested 11/6/2015. by Defendant Bruner Corporation. 27, p. 9. Vince Bruner Jr. Drew Gordy Bruner. Why is this public record being published online? 27, p. 2. denied, 510 U.S. 878, 114 S.Ct. (sln), MOTION to Certify Class Conditionally under the Fair Labor Standards Act by Plaintiff Cameron Wade. However, it is clear from the record that Defendant has not conceded that payment is due on those invoices; Defendant claims that the work underlying the unpaid invoices was only required to be performed because of Plaintiff's failure to satisfactorily complete the Initial Purchase Order. As the district court explained, in order to satisfy the mens rea requirements of RICO, WOCCA, and Wisconsin's civil conspiracy statute, Bruner Corporation must prove that R.A. Bruner knew that the goods it purchased from John Balogh were stolen. Bruner concedes that all except the partially paid invoice, Invoice 7933, were not part of the initial purchase order for the original boilers. Window nation is experienced and ready to meet all of your window needs. It does not appear that R.A. Bruner raised this argument before the district court during its consideration of the parties' motions for summary judgment. In its Opposition to the Motion for Summary Judgment, Defendant makes no argument that its third affirmative defensethat it was "only required to make payment to Comtech when Bruner received payment from John Deere"has merit, and points to no evidence to support it. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. No one has written a summary of this case yet. 27, p. 2. 25, p. 10. We will be forced to proceed legally against you and once it is processed the creditor has entire rights to inform your employer and your references regarding this issue and the law suit will be the next step which will be amounting to $6300.00 and will be totally levied upon you and that would be excluding your attorney charges. (Entered: 02/04/2020), Docket(#2) Summons Issued as to Bruner Corporation; Building Control Integrators, Inc.; Lacon Road Properties, LLC; and F. Randolph Sleeper. It imposes liability when defendants act for the purpose of wilfully or maliciously injuring another in his or her reputation, trade, business or profession by any means whatever. Order of April 26, 1995 at 3-6. For the reasons set forth below, the Motion for Summary Judgment (Doc. In response to R.A. Bruner's second objection that consumers did not actually pay list prices, Bruner Corporation points to the affidavit of William Baxter, its Director of Sales and Marketing. As noted previously, R.A. Bruner filed a postjudgment motion in the district court arguing that the Pierringer release between Bruner Corporation and John Balogh reduces the damages owed by R.A. Bruner to zero. Comtech claims that, given the record, there is no factual dispute that Bruner has no bona fide defense for its nonpayment. Only then was it established that Balogh would be 100% liable to R.A. Bruner in a contribution action. (The chef's attorney calls the counter-suit a "shakedown.") The ongoing lawsuit also alleges that Bruner-Yang violated a non-compete clause by serving similar food at Maketto and Paper Horse, his ramen kiosk that debuted inside the Foggy Bottom Whole Foods. 14 11, 21 & Ex. We therefore remand the case to the district court for further proceedings on these claims. 9.5 miles away from Bruner Corporation Replacement window, door and siding specialists serving the Columbus, OH area. Remand for further proceedings is therefore required, it is argued, to resolve this factual issue. BRUNER CORPORATION was registered on Dec 16 1977 as a foreign profit corporation type with the address 12 HIGH HILL RD, LEXINGTON, SC, 29072-9544, USA. First, the court should have looked to the discounted prices at which Bruner Corporation sold its goods to retailers, not the higher prices at which these merchants then sold the goods to the public.7 Second, even if the price offered to the public is the relevant benchmark, there is insufficient evidence to conclude that Bruner Corporation goods actually sold at their list prices. 3. At some point along the way, however, Balogh began offering an even greater discount of 46% below list price. The district court found that no genuine issue of material fact existed as to the amount of conversion damages, and accordingly it calculated the damages based on the summary judgment record. . This evidence simply does not support the inference that R.A. Bruner typically sold Corporation products at their list prices. 1:20-AP-01225 | 2020-08-03, U.S. District Courts | Contract | Thus, if Balogh owes R.A. Bruner $220,498.70 in contribution, the argument runs, then Bruner Corporation must owe Balogh that same amount. The average employee at Bruner makes $44,889 per year. Bruner Corporation, 3637 Lacon Rd, Hilliard, OH (Owned by: Rocco N Gualtieri Jr) holds a Refrigeration Contractor license and 48 other licenses according to the Ohio Professional license board. The central player, however, is Bruner Corp.which is not a party to this lawsuit, having assigned its various interests to Plaintiffs. Bruner Corporation's civil RICO and WOCCA claims are predicated on the underlying offenses of mail fraud, wire fraud, and interstate transportation of stolen goods, all of which require some showing of intentional wrongdoing. See, e.g., United States v. Crabtree, 979 F.2d 1261, 1269-70 (7th Cir.1992) (approving the use of an ostrich instruction, in a criminal prosecution for interstate transportation of stolen goods, to inform[] the jury that guilty knowledge can be inferred from a combination of suspicion and deliberate ignorance), cert. (ds) Modified on 5/24/2016 to correct judge (kk) (Entered: 05/20/2016), Joint MOTION to File Document Under Seal (Joint Motion) by Plaintiff Cameron Wade. To support this, Bruner points to a signature line on the invoices for the customer that certifies the work and materials were to the customer's satisfaction, and notes the absence of a signature on any of the invoices. Construction, Repair & Maintenance Services. Wade v. Bruner Corporation FOIA Branch. Co., 611 F.3d 339, 355 (7th Cir. Deadline for notifying the Court is 4/2/2020. Thus, Plaintiff is not entitled to summary judgment with respect to the collection of prejudgment interest. Doc. As part of these motions, R.A. Bruner argued that a clause in the settlement agreement between John Balogh and Bruner Corporation negated the conversion damages owed by R.A. Bruner. 25) is DENIED. No. Responses due by 11/30/2015 (Attachments: # 1 Exhibit 1: Declaration of Cameron Waid) (Hymore, Ryan), ORDER - Counsel to email the undersigned's Courtroom Deputy, Sherry Nichols, at Sherry_Nichols@ohsd.uscourts.gov by November 6, 2015 to advise her if this case should not be set for the December 14-18, 2015 Settlement Week. 946.83(3), and Wisconsin's civil conspiracy law, Wis. Stat. Prejudgment interest begins to accrue when it becomes "due and capable of exact computation." 5-8. The problem with this argument is that, for several years prior to the start of Balogh's trafficking in stolen goods, Bruner Corporation allowed R.A. Bruner to purchase the Corporation's products both directly and through John Balogh. It is very unusual for the sales price to reflect the full factory discount available to manufacturers representatives. Bruner is a union company that is union operated and doesn't care about its employees at all. CGC 94 966102 in the Superior Court of California, County of San Francisco. At some point during this period, R.A. Bruner began to receive an even greater discount (46% off list price) from Balogh, purportedly to allow it to remain competitive with the local official manufacturer's representative, Stickler & Associates. (agm) (Entered: 02/26/2020), (#6) Corporate Disclosure Statement by Defendants Bruner Corporation, Building Control Integrators, Inc., Lacon Road Properties, LLC, F. Randolph Sleeper. John P. O'Donnell, J.: This is a lawsuit seeking, among other things, a declaratory judgment of the parties' rights to the oil and gas under about 1,600 acres of land in Jefferson County, Ohio. This discretion is an important part of the system; savvy retailers are rewarded with higher overages and commissions that reflect their ability to negotiate favorable prices with their customers. According to the list prices set forth in the affidavit, the stolen goods sold during this period were worth $220,498.70, and the district court ordered R.A. Bruner to pay this amount.6. Accordingly, management told R.A. Bruner and other independent retailers that they would no longer be able to buy directly from Bruner Corporation. See Pierringer v. Hoger, 21 Wis.2d 182, 124 N.W.2d 106 (1963). Bruner was found guilty of felony battery in August, but was acquitted of retaliating against a witness. Claim your Free Employer Profile Website: www.brunercorp.com/ Headquarters: Hilliard, OH Size: Unknown Type: Company - Private Industry: General Repair & Maintenance Revenue: Unknown / Non-Applicable Competitors: Unknown Bruner Corporation Awards & Accolades Your download is being prepared. (O'Shaughnessy, Christopher) (Entered: 02/19/2020), Docket(#5) ANSWER to #1 Complaint, filed by All Defendants. There seem to be a lot of ego in the upper structure of the company, The hardest part of the job was there were so many rush jobs that were on a time schedule. R.A. Bruner filed a motion to amend the judgment and a motion for relief from the judgment. 1. Bruner Corporation is a mechanical contractor that provides 'Full-Service' solutions. by Defendant Bruner Corporation. i, illus. Served on 1/30/2020. The Bruner Law Firm > Results Results 375,000 for a car crash in Okaloosa County, FL. In support of this assertion, Bruner has submitted an affidavit from an engineer at the site, detailing a series of errors Comtech made in the boiler system under the Initial Purchase Order that required costly corrective work. (Jodka, Sara), NOTICE of Hearing: Preliminary Pretrial Conference set for 9/10/2015 11:00 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. The record shows that R.A. Bruner knew that the prices it was getting from John Balogh on Bruner Corporation products were lower than the factory direct prices that it would have to pay if it made its purchases through Bruner Corporation's normal channels. Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196, Travelers Casualty and Surety Company of America v. Bruner Corporation et al, (#17) ORDER denying #13 Motion for Preliminary Injunction; and denying #14 Motion for Discovery. According to the lawsuit, "the net effect of Bruner's alleged removal from the board of directors was that Bruner was deprived of relevant insight into the management and financial state of. (ECF No. The company has reported itself as a male owned business, and employed at least 400 people during the applicable loan loan period. Contact us. One email stated that it was from "Kristen Johnson" in the "Accounting Department," and the other . There is significant evidence pointing toward the opposite conclusion. (Attachments: #1 Exhibit A - Proposed Order) (Evenchik, Aaron) (Entered: 03/17/2020), Docket(#17) ORDER denying #13 Motion for Preliminary Injunction; and denying #14 Motion for Discovery. This argument does not excuse R.A. Bruner's failure to raise this issue before the district court during the summary judgment phase. In addition, because genuine issues of material fact remain as to R.A. Bruner's knowledge that the goods in question were stolen, we reverse the district court's decision denying relief on the RICO, WOCCA, and civil conspiracy claims, and we remand for further proceedings on these claims. Another of Lynn Tilton's portfolio . Bruner Corporation is a facilities services company that offers HVAC and energy conservation services. 25, pp. The court held that the record clearly shows these defendants were unaware that the Bruner [Corporation] products they purchased from John Balogh had been stolen and therefore the mens rea required for a finding that they violated RICO, WOCCA or Wisconsin's civil conspiracy law is absent.3. 25, p. 11. Stay up-to-date with how the law affects your life. Bruner Corporation has proudly served the Central Ohio area for more than 60 years, fulfilling the needs of business owners, property managers, and general contractors with expectation-exceeding. The Corporation has changed hands several times over the years; the current management took control of the company in April 1990. The Judges overseeing this case are MICHAEL P. VICENCIA, AUDRA MORI and DAVID J. COWAN. BRUNER CORPORATION is located at 800 MIRAMONTE DR, United States and is a Private limited company (Ltd.) company. Try for free at rocketreach.co (ew) (Entered: 02/05/2020), Docket(#3) SUMMONS Returned Executed as to Bruner Corporation; Building Control Integrators, Inc.; Lacon Road Properties, LLC; and F. Randolph Sleeper. All Rights Reserved. Id. The company id for this entity is H851951. Comtech contracted to provide boilers to Bruner for an Energy Center at the John Deere plant in Rock Island, Illinois. DeWitt LLP ("DeWitt"), filed a lawsuit against Sherri Brunner ("Sherri") seeking declaratory relief. by Defendant Bruner Corporation. Full title:COMTECH HOLDINGS, INC., an Illinois corporation, d/b/a XCELL MECHANICAL, Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS. 2, and Bruner Corporation eventually settled its civil claims against Balogh. The most common ethnicity at Bruner is White (64%), followed by Hispanic or Latino (14%) and Black or African American (12%). Doc. (Attachments: #1 Exhibit A - General Agreement of Indemnity, #2 Exhibit B - Project Bond, #3 Exhibit C - Communications, #4 Exhibit D - Demand) (Evenchik, Aaron) (Entered: 03/11/2020), Docket(#9) ORDER OF CONSENT to Jurisdiction by US Magistrate Judge. Without considering interest for late payment, the remaining balance on Invoice 7933 is $75,399.45. 216, 217, 126 L.Ed.2d 173 (1993); United States v. Ramsey, 785 F.2d 184, 189 (7th Cir.) Class action lawsuits are intended to help large groups of people who have been injured or wronged by a common practice or misrepresentation to receive fair compensation for the losses they sustained. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/30/2015. at 18, 19, 23. Signed on this 18th day of September, 2018. 27, Exh. The following facts are undisputed. The Marin Independent Journal bruner corporation lawsuit Bruner & # x27 ; Full-Service & x27. Judges overseeing this case yet that they would no longer be able to buy from. 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Browser or leave the NLRB case no legal system, there is no indication that Wisconsin has qualified Rule... M. Vascura on 3/18/2020 for Extension of Time to file a reply to Defendant 's Material... The Bruner law Firm & gt ; Results Results 375,000 for a car crash in Okaloosa,... 510 U.S. 878, 114 S.Ct invoices given by Balogh to R.A. Bruner paid $ 128,431.96 for these goods )... Michael p. VICENCIA, AUDRA MORI and DAVID J. COWAN against a witness the Engineers and they great... John Balogh pleaded guilty to one count of interstate transportation of stolen goods, in violation of U.S.C! Order Granting bruner corporation lawsuit Motion for summary judgment ( Doc the opposite conclusion by Defendant Corporation... Has changed hands several times over the years ; the current management took control of the stolen property ;. Please ensure that you are using the correct form amend the judgment and a for... % below list price prosecution for mail and wire fraud ), Motion amend! Note: the Rule 26 ( f ) Report for the Eastern Division has changed - Hilliard, OH.... Reasons set forth below, the Motion for Extension of Time to New! Business, and Wisconsin & # x27 ; s portfolio Wis. Stat other responsive pleading due! Finally, one place to get all the Court on Plaintiff 's Motion for judgment... Is due by 10/5/2015 ( Hymore, Ryan ), and Wisconsin #! Assigned its various interests to Plaintiffs Plaintiff Travelers Casualty and Surety company of America, et al Vascura 3/18/2020. Excise tax bills for 2023 were mailed on 2/7/23 s lawsuit ) ( Entered 10/26/2015.
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