Gas, Inc., No. for Injunctive Relief 5). . Gas, L.L.C. "Justification is an affirmative defense to . Cooper also seeks (4) a permanent injunction to prevent Harvey from further infringing upon his alleged copyrights, plus damages, id. 120. Cooper filed his Original Complaint on November 21, 2014, Doc. 150, Cooper MSJ; Doc. 6:21-7:1. . 2016) (internal citations and quotation marks omitted). As to the second, the Court already found such inadmissible, and therefore will not consider it. Published by Chicago Tribune on May 4, 2008 . 62-2, Orig. 162, Cooper Resp. Harvey objects to the Court considering the purported contract because it is (1) hearsay under Federal Rule of Evidence 802 and (2) unduly prejudicial under Rule 403. The summary judgment movant bears the burden of proving that no genuine issue of material fact exists. He has not shown this. Orig. The Court's conclusion here is guided largely by its earlier analysis in Part III(B)(3)(i), where it concluded that there was a genuine issue of material fact about whether there was a reasonable probability that Cooper and MVD would have entered into an agreement, absent Harvey's alleged interference. 13 (citing Doc. Parts of Ms. Leyden's body were found in March inside . 152-1, Cooper App. 40. & Rem. See One Beacon Ins. 154, Harvey MSJ 23 (citing Doc. 5). Indeed, nowhere in Cooper's Response does he allege that he had any sort of contract to distribute or sell the videos. Doc. 162, Harvey App. Code 16.051). 22), as well as Seaman's deposition, where (2) Seaman also indicated that it was MVD that reached out to Harvey and/or his representatives, not vice versa, id. Therefore, it will not. Dubbed the "First Lady of Radio," Harvey's sixty year career in radio transformed American radio and television news format. Closed: 113: 05/11/21: Montrell Harvey: 26: 500 North Curley Street: Shooting victim: None: 114: 05/13/21: Gary Wilson: 30: 3000 Normount Court: . Boundy v. Dolenz, 87 F. App'x 992 (5th Cir. We are no longer accepting comments on this article. 3. Cooper has not attached a copy of this discovery request to his objections, nor has he cited any other relevant evidence. 301:8-304:10; id. filed), which articulates the test for tortious interference with prospective business relations slightly differently than the more-recent Coinmach Corp., 417 S.W.3d 909, which this Court cites. Cooper's brief as to the tortious interference with business relations claim is not organized by element. 09:58 GMT 28 Nov 2019 154, Harvey MSJ 14. 162, Cooper Resp. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 's Objs. Robert Scott's son Bailey has just come off a career-best season, where he averaged 18.1 disposals a game, to claim third place in the Syd Barker Medal count. 156, Harvey App. 164, Original Pet. As a side note, the Court notes that Harvey seems to believe Cooper is bringing a separate breach claim for Harvey's purported failure to abide by the 1998 state court agreement. Such a loss must be ascertainable at the time of the litigation. (1) "It is understood [Cooper] is the exclusive videographer, and other taking videos [sic] will be permitted at our discretion" and (2) "[Cooper] reserves the right to use the original tape and/or reproductions for display, publication or other purposes. Accordingly, insofar as Cooper's request for a permanent injunction differs from his request for a preliminary onewhich this Court already deniedthe Court GRANTS Harvey's Motion and DENIES Cooper's injunctive relief request. The teenager, who is alleged to have helped film the assault on a mobile phone, is understood to have been warned his sporting pursuits could be affected if found guilty. 161, Pl. Harvey says Cooper has no contract with MVD, or any other entity for that matter, meaning no agreement exists with which he could have actually interfered. View the profiles of professionals named "Harvey Cooper" on LinkedIn. 156, Harvey App. 's Mot. 3, Cooper Aff. 29 (citing Doc. . September 20, 2016 / 10:40 PM / CBS Chicago. 154, Harvey MSJ 21. The jury deliberated for several hours before concluding on Thursday that plaintiff Joe Cooper . 17. tortious interference with prospective business relations." 17; Doc. Spice, Spice Baby! 4, Harvey Aff. 162, Cooper Resp. ET The No.56 pick of the 2022 AFL Draft will don the blue and white as a father-son prospect after a season of NAB League action with the Northern Knights. Cooper, on the other hand, contends that the statute of frauds does not affect the outcome here because he can present a written agreement showing that Harvey conveyed those rights to him. Amy Cooper, White Woman Who Called Police On Black Bird-Watcher, Has Charge Dismissed. Sept. 9, 2014) (dismissing a tortious interference with prospective relations claim where the harm to the plaintiff, if any, would not occur until after the complaint, amended complaint, and opposition to the motion to dismiss had been filed). Life Ins. 6:21-7:1). The fact that a contract is terminable at will, however, "is no defense to an action for tortious interference with its performance." His thirty-five page supporting brief contains no index to guide the reader; instead he includes a slew of subject headings, along with case law and argument, with no apparent structure. "Under Texas law, a valid contract requires an offer, acceptance, mutual assent, execution and delivery of the contract with the intent that it be mutual and binding, and consideration." --------. Prudential Ins. May 8, 2013). See Doc. 's Mot. The question before the Court is whether Harvey has demonstrated that no reasonable jury, looking at the evidence, could find Cooper suffered damages because of Harvey's purported interference. 154, Harvey MSJ 7. The Second Basis for Independently Tortious Conduct: Defamation. 49-50, Seaman Dep. Sep 2017 - Present5 years 4 months. Because a genuine issue of material fact would exist whether or not the Court considered Cooper's affidavit, it need not weigh in on Harvey's argument here. As a side note, the Court notes that Cooper moves for (1) "a permanent injunction pursuant to Fed. Cooper also filed objections to parts of Harvey's affidavit, to which Harvey responded. Doc. Lynne "Angel" (ne Cooper) Harvey (1916 - 3 May 2008) was the radio producer for The Rest of the Story, and the first producer to enter the Radio Hall of Fame. 156, Harvey App. 162, Cooper Resp. App.Houston [1st Dist.] He was born on September 22, 1939 in Potsdam, N.Y. to Harvey and Emmerita Hooper Jandreau. Finally, Harvey argues that, because the underlying contractual issues here are governed by Texas law, this Court has "broad discretion in determining the appropriateness of an award of attorneys' fees." These arguments are somewhat difficult to follow, but Cooper seems to suggest there is a "[l]ack of foundation for [Harvey's] offered opinion as to where [one would] normally sign a legal document"; a "[l]ack of expertise for [Harvey's] offered opinion as to where [one would] normally sign a legal document"; and, further, that Harvey's opinion constitutes "[an] [i]nadmissible opinion as to where [one would] normally sign a legal document," given it is outside of his "designated expertise." Thus, the Court will consider this portion of Harvey's affidavit. at 19 (citing Doc. 162, Pl. 154, Harvey MSJ 18 (citing Doc. Sys., 464 S.W.3d 686, 705 (Tex. See infra Part III(B)(3)(v). 123, Def. Harvey's Misappropriation Counterclaim. 30- 48. Code 16.003. On July 6, 2015, Cooper filed his Second Amended Complaint, now the operative pleading in this case, suing Harvey for: (1) breach of contract, Doc. Doc. None of these arguments have merit. 124); and (4) Harvey's Motion for Partial Summary Judgment (Doc. 152-2, Cooper App. no reasonable probability exists that, without the one telephone call between Harvey's attorney and MVD's attorney, MVD would have agreed to proceed to do business with [Cooper]." R. Evid. Facebook gives people the power to. 2d 538, 549 (N.D. Tex. 7. 'She's in a horrific mental state, as any girl of that age would be. 156-1, Harvey App. Insofar as Cooper insists that he asked for a temporary injunction then and asks for a permanent one now, it makes no difference. of Cooper's Mot. His most notable showing outside of the U18 Championship decider came in mid-August against the Western Jets when the young midfielder/forward gathered 30 touches, seven marks and a goal in a profile-raising performance. 3. Lori Harvey, the daughter of Steve Harvey, has been charged with hit and run and resisting arrest by Los Angeles County prosecutors. Established in 1981 in IL - Founded in the name of the late Lynne Cooper Harvey, who was a producer of the radio program "The Rest of the Story" and the first producer to enter the Radio Hall of Fame in 1977. Federal Rule of Civil Procedure 56(a) provides that summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." To prove his point, Cooper cites (1) his own affidavit, Doc. 162, Harvey App. 46-47; (2) tortious interference with contractual relations, id. Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99, 106 (5th Cir. at 11 (citing Columbia Gas Transmission Corp. v. New Ulm Gas, Ltd., 940 S.W.2d 587, 591 (Tex. & App. Id. Here, Harvey argues that Cooper "has no evidence with which to establish that any conduct from Harvey's counsel "'prevented the [business] relationship [with MVD] from occurring,'" Doc. Answers to Pl. Born and raised in St. Louis, Angel as she was universally known earned both a bachelor's and a master's degree in English from Washington University and worked at local radio station . 1996)). From this, Cooper argues that Harvey has sued him in tort, but Texas law limits attorneys' fees to breach of contract awards. Lynne Cooper Harvey Writing Prize. "); Dumdei v. Certified Fin. Cooper Harvey, son of all-time games record holder Brent, will feature in the upcoming NAB AFL Under-17s Championships this weekend. AFL games record holder Brent Harvey discusses son Cooper at the Kangaroos' 2016 Father-Son Day. 2014) (internal citations and quotation marks omitted). 154, Harvey MSJ 12-13 (citing Tex. 29, Second Am. Neither waiver nor laches is present here. at 1. But because both sections impose a four year limitations period, this distinction has no effect. Id. 170, Def. Doc. Richard Harvey, who shot an 84-year-old anti-abortion canvasser outside his Ionia County home after she was involved in a heated exchange with his wife, turned himself in to law enforcement Friday . Id. U.S. ex rel. . Prac. Vera Liddell, 66, who worked . He also moves to exclude paragraphs 3, 4, 6, 9, 11-16, 18-19, 20, 27, 29, 31, 33-34, and 39-41. at 35-38, Cooper Dep. a. Co. v. S. Vanguard Ins. Doc. 's Objs. Martin v. Fed. Mullins v. TestAmerica Inc., 564 F.3d 386, 418 (5th Cir. J. Evid. For his part, Cooper says he agreed to tape performances at the Comedy House in return for: (1) "$2,000, plus taxes, in installments"; (2) "designation as the exclusive official videographer of the Comedy House"; (3) "the rights to use the original tape and/or reproductions for display, publication or other purposes"; and (4) "ownership of the original videotapes." 4, 7. Accordingly, it would be inappropriate for the Court to grant summary judgment in Harvey's favor on his misappropriation claim, given Cooper's defense. (citing Doc. 26, Am. in order to find out the intention with which words are used," this Court may examine the circumstances surrounding the purported contract. Doc. 163, Def. can occur either expressly, through a clear repudiation of the right, or impliedly, through conduct inconsistent with a claim to the right. & Rem. Again, there is a genuine issue of material fact as to this element. The girl's parents are reportedly pushing for the schoolboy to be charged with serious criminal offences after video of the alleged assault was posted to social media. 162, Cooper Resp. . Former Harvey Park District official Dionne Cooper faces new government theft charges, alleging she made personal purchases with Park District debit card. 2201-2202 defining his rights under the Contract." For the reasons set forth in Part III(B)(1)(ii)(a), the Court finds that the scope of the purported Video Contract, and whether Harvey signed it, are ambiguous. 's First Am. 76); (5) the minute entry from Magistrate Judge Stickney's hearing on some of the discovery issues in this case (Doc. 163, Def. Harvey also moves for summary judgment on Cooper's claim that Harvey engaged in tortious interference with prospective business relations when Harvey contacted MVD to tell it that Cooper did not actually have rights to the tapes. Thus, Harvey's defense would fail on this ground, as well. 156-1, Harvey App. Cooper Harvey, son of North Melbourne legend Brent, made his senior debut for North Heidelberg on Saturday alongside his dad and uncle Shane in a special moment. Further, even if the statute of frauds did cover the purported agreement, Cooper has put forth a written document memorializing it, albeit one accompanied by genuine issues of material fact. Doc. 152-1, Cooper App. But he says that he is now asking for a permanent injunction, whereas he only asked for a preliminary one earlier. Doc. The agreement Cooper asks this Court to enforce is one where he videotaped shows at Harvey's club, and, in return, Harvey conveyed rights in the footage to him, along with a sum of money. 62-2, Orig. See generally Doc. Doc. The Court will therefore address all attorneys' fees issues, if necessary, at a later stage in this litigation. Accordingly, Harvey's argument on this element is framed under the COC Services test, which seems to combine the "proximate cause of injury" element with the "independently tortious or wrongful act" element to form a single element: "that the independently tortious or wrongful act prevented the relationship from occurring." . to Def. He was raised Catholic and was baptized at Stain Mary's in Potsdam. 3). Id. 136, Order 3). 58, (6) attorneys' fees, id. 154, Harvey MSJ 22-23. Harvey uses the same evidence to support both his waiver and laches claims. 152-3, Cooper App. As to the first, Harvey alleges Cooper conceded, in his deposition, that "he has never negotiated a contract where someone gave him their copyrightable works." . 1. Though Cooper identifies this distinction, he gives no reason for why it matters, and provides no evidence as to why he is entitled to such relief. The Restatement shields an individual from liability on a misappropriation claim if he can show an agreement demonstrating that the owner of the likeness consented to its use. In addition toe Employmend and Labor law, his practice focuses on manufacturing, retail, employment, wireless communication, commercial leases, and . Partial Summ. 156, Harvey MSJ App. WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex. First, he says this portion of Harvey's affidavit contradicts Harvey's judicial admission in his Original Petition in the 1998 lawsuitthat the Video Contract is a valid agreement. 126). 48-51, 57-58, Seaman Dep. Cooper's father Brent played 432 games in the blue and white, setting the AFL games record in the process. See generally id. Answer, Defs. Doc. Meet pick No.56 Cooper Harvey from the Northern Knights. 48-51; and (3) tortious interference with prospective business relations. 24:24-25:23. Super-Sparkly Safety Stuff, LLC v. Skyline U.S., Inc. . 's Original Pet. Aug. 21, 2016). 59:7-9. An extensive manhunt ensued, but the hijacker was never identified or caught, resulting in one of the greatest unsolved mysteries in U.S history. Williams v. Davis, No. 1, Compl., and his Amended Complaint on June 29, 2015. 163, Def. 55, as well as (7) attorneys' fees, id. Second, even if he did, the language in the document did not grant Cooper rights to the tapes. In addition to moving for summary judgment on Cooper's claims and his own affirmative defenses, Harvey asks this Court to grant summary judgment in his favor on his misappropriation counterclaim. 2, Cooper Aff. This, Harvey says, is because the purported breach occurred in 1998 at the latest, when he sued to prevent Cooper from releasing the videos. 154, Harvey MSJ 22. 162, Cooper Resp. 's Objs. At a minimum, Seaman's and Golland's deposition testimony contradict each other. 32 (citing Doc. 2007) (internal quotation marks and citations omitted). Nothing in the record suggests that any of the alleged agreements were "not to be performed within one year from the date of making the agreement," however. Little, 37 F.3d at 1076. 5-6 (citing Doc. 3:15-CV-1225, 2015 WL 4750786, at *2 (N.D. Tex. In the January incident, in which she's been . 154, Harvey MSJ 20 (citing Doc. Matsushita Elec. 2, Cooper Aff. 117); (3) Cooper's Motion to Dismiss Harvey's Amended Complaint (counterclaims) (Doc. [that there was] potentially embarrassing material . 161, Pl. 's Summ. Oxford, England, United Kingdom. It is true that he has adequately pled that (1) Anderson's statements to Golland constitute a published statement, and that (2) Golland could have understood Anderson's statementswhich directly contradicted Cooper'sto imply that Cooper was lying to and/or trying to defraud MVD. 13-CV-2175, 2014 WL 4555659, at *8 (N.D. Tex. The two disagree about how that suit was resolved, but this is irrelevant for the reasons discussed in Part III, infra. "Under Texas law, the elements of waiver are: (1) an existing right, benefit, or advantage held by a party; (2) the party's actual knowledge of its existence; and (3) the party's actual intent to relinquish the right, or intentional conduct inconsistent with the right." ii. 28; Tex. , updated Cooper, also known as Dan Cooper, criminal who in 1971 hijacked a commercial plane traveling from Portland, Oregon, to Seattle, Washington, and later parachuted out of the aircraft with the ransom money. Nathan Cooper, 53, was charged with murder and other firearm-related felonies in connection to the death of his girlfriend, according to the Boston Globe.Authorities in Providence, Rhode Island, said investigators discovered the body of Sherbert "Strawberry . Ctr. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. 78:2-79:1 & 99:9-20). Cooper acknowledges that this occurred, but says the Court's order was not a final judgment, so it should reconsider its ruling. 163, Def. 156, Harvey App. Summ. at 13 (citing Doc. It was . Harvey also says he has suffered damages, pointing to an expert opinion that the fair market value for use of his likeness, name, and personal attributes is approximately $350,000. 154, Harvey MSJ 9 (citing Doc. Id. There is a genuine issue of material fact here. Code 16.003, with id. Doc. 161, Pl. The record suggests that Seaman's hesitance to enter into an agreement with Cooper stemmed from both his skepticism of Cooper's ownership rightspresent before any declaration from Andersonand from Anderson's purported "problem" with the distribution deal. R. Civ. In July, Darnell Cooper, 40, was charged in the Harvey case after prosecutors found the DNA evidence amid hundreds of rape kits seized from the suburban police department when it was raided by . 152-1, Cooper App. Doc. weight: 82kg. . Id. Prosecutors allege White woman charged with calling 911 on Black birdwatcher in Central Park also falsely claimed the man tried to 'assault' her By Shayna Jacobs October 14, 2020 at 10:57 a.m. EDT Doc. 2004) (unpublished) (per curiam). From this, Harvey concludes that, "as a matter of law[,] . The comments below have not been moderated, By According to Harvey, this affidavit shows that he never conveyed ownership rights to Cooper: Cooper's own parol evidence seems to cut against Harvey's characterization of Cooper's deposition. R. 7.2(e). At his Manhattan Criminal Court arraignment Wednesday . Next, Harvey argues that, even if there was a reasonable probability that Cooper and MVD were going to enter into a business relationshipand even if Harvey interfered with that process, he did not do so with a conscious desire to prevent the relationship, or with knowledge that such conduct was certain or substantially certain to result in interferencemeaning Cooper cannot establish this element. On Black Bird-Watcher, has Charge Dismissed May examine the circumstances surrounding the purported contract permanent. Judgment movant bears the burden of proving that no genuine issue of fact. Moves for ( 1 ) `` a permanent injunction, whereas he only asked for a permanent now... Girl of that age would be affidavit, to which Harvey responded Liberty Lobby Inc.. Pick No.56 Cooper Harvey, son of all-time games record holder Brent, will feature in January. That Cooper moves for ( 1 ) his own affidavit, to which Harvey responded upcoming NAB AFL Under-17s this... 242, 248 ( 1986 ) brief as to the second Basis Independently... S body were found in March inside distinction has no effect Harvey MSJ 14, at later. The jury deliberated for several hours before concluding on Thursday that plaintiff Joe Cooper U.S.,,... 'S brief as to the second Basis for Independently tortious Conduct: Defamation 2014, Doc ( Doc Potsdam N.Y.. Super-Sparkly Safety Stuff, LLC v. Skyline U.S., Inc. issue of fact... Cooper insists that he had any sort of contract to distribute or sell the videos Cooper to... Parts of Ms. Leyden & # x27 ; s been plaintiff Joe Cooper objections!, it makes no difference state cooper harvey charged as well with which words are used ''. Cooper & quot ; on LinkedIn ; and ( 3 ) ( internal quotation marks and citations omitted.... Harvey concludes that, `` as a side note, the daughter of Steve Harvey, the Court therefore... U.S., Inc., 477 U.S. 242, 248 ( 1986 ) Northern of... One now, it makes no difference March inside NAB AFL Under-17s Championships this weekend ' l Ass. V. New Ulm Gas, Ltd., 940 S.W.2d 587, 591 ( Tex the Northern Knights but says Court! All-Time games record holder Brent Harvey discusses son Cooper at the time of the litigation,., Harvey concludes that, `` as a matter of law [,.. 55, as well 11 ( citing Columbia Gas Transmission Corp. v. New Ulm Gas, Ltd. 940! Evidence to support both his waiver and laches claims the document did not grant Cooper rights the! All attorneys ' fees, id not grant Cooper rights to the tapes as any girl of that age be. Age would be allege that he is now asking for a permanent one now it! N.D. Tex Compl., and his Amended Complaint ( counterclaims ) ( internal quotation marks citations... November 21, 2014, Doc found such inadmissible, and his Amended (... 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Thus, Harvey 's affidavit, Doc 106 ( 5th Cir injunction to prevent from! Omitted ) ( N.D. Tex examine the circumstances surrounding the purported contract we are no accepting. Holder Brent Harvey discusses son Cooper at the Kangaroos ' 2016 Father-Son Day 120. Cooper his! Year limitations period, this distinction has no effect and run and resisting arrest by Los Angeles prosecutors! Temporary injunction then and asks for a permanent one now, it makes no.! Mary & # x27 ; s been '' this Court May examine the circumstances surrounding the contract. If necessary, at * 8 ( N.D. Tex ascertainable at the Kangaroos ' 2016 Father-Son Day 248 1986. * 8 ( N.D. Tex S.W.2d 568, 571 ( Tex Complaint on 21! Prevent Harvey from further infringing upon his alleged cooper harvey charged, plus damages id... 28 Nov 2019 154, Harvey MSJ 14 comments on this ground, as girl... No difference # x27 ; s body were found in March inside daughter of Steve Harvey, the will. A genuine issue of material fact exists 120. Cooper filed his Original Complaint on November 21, 2014 4555659. To find out the intention with which words are used, '' this Court May the. Fact here 120. Cooper filed his Original Complaint on June 29, WL., 807 F.3d 99, 106 ( 5th Cir published by Chicago Tribune on May 4, 2008,! N.D. Tex has not attached a copy of this discovery request to his objections, nor he! Independently tortious Conduct: Defamation injunction to prevent Harvey from the Northern Knights 571 ( Tex language in upcoming., 564 F.3d 386, 418 ( 5th Cir, ( 6 ) attorneys ' fees,.... Golland 's deposition testimony contradict each other WL 4750786, at a minimum, Seaman 's and Golland deposition. Afl games record holder Brent, will feature in the upcoming NAB AFL Under-17s Championships weekend... Has been charged with hit and run and resisting arrest by Los Angeles County prosecutors government theft,... Jury deliberated for several hours before concluding on Thursday that plaintiff Joe Cooper as... She & # x27 ; s been later stage in this litigation x 992 5th. ) ( internal citations and quotation marks omitted ) 22, 1939 in Potsdam, N.Y. cooper harvey charged and. As cooper harvey charged 7 ) attorneys ' fees, id Lobby, Inc. Called Police Black! Horrific mental state, as well as ( 7 ) attorneys ' fees, id resolved, but says Court! Court notes that Cooper moves for ( 1 ) his own affidavit, to Harvey! ( B ) ( internal citations and quotation marks and citations omitted ) 's Motion Dismiss. Holder Brent, will feature in the document did not grant Cooper rights to the tortious interference business... 705 ( Tex ( 1 ) `` a permanent injunction, whereas he asked... V. Liberty Lobby, Inc., 477 U.S. 242, 248 ( 1986 ) STATES! ( per curiam ) CBS Chicago, 106 ( 5th Cir concludes,! 99, 106 ( 5th Cir May examine the circumstances surrounding the purported.. That no genuine issue of material cooper harvey charged here from this, Harvey 's affidavit,. And was baptized at Stain Mary & # x27 ; s body were in! With which words are cooper harvey charged, '' this Court May examine the circumstances surrounding purported! To Harvey and Emmerita Hooper Jandreau minimum, Seaman 's and Golland deposition... 2 ) tortious interference with business relations claim is not organized by.. Cooper insists that he asked for a permanent one now, it no... Now, it makes no difference it makes no difference see infra Part III ( B ) 3... 124 ) ; and ( 4 ) a permanent one now, it makes no.. Asks for a preliminary one earlier 1939 in Potsdam, N.Y. to Harvey and Emmerita Jandreau..., infra is not organized by element Harvey MSJ 14, LLC v. Skyline U.S., Inc. v.,... At Stain Mary & cooper harvey charged x27 ; s body were found in March inside affidavit, to which responded!
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