Judge Dorfman helps out on local court of appeals; participates in reversing case from
Judge Gary Block's court
HP/Management Services, Inc. v. Guaranteed Nursing Staff, LLC (Tex.App. - Houston [1st Dist.] Nov. 15,
2007)(Hanks)(breach of contract, actual authority, capacity)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks
Before Justices Hanks and Bland, The Honorable Dorfman, Judge of the 129th District Court, Harris
County,Texas sitting by designation. See Tex. Gov’t Code Ann. § 74.003(h) (Vernon 2005).
01-05-00944-CV HP/Management Services, Inc. v. Guaranteed Nursing Staff, L.L.C.
Appeal from County Civil Court at Law No 2 of Harris County (
Hon. Gary Michael Block)

Some Appeals from cases in Judge Grant Dorfman's court

Cantu v. McKinney (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Higley)(denial of motion to recuse
affirmed, pro se appeals)
Presenting two issues, the Cantus challenge the denial of their motion to recuse the trial court judge and the denial of their
motion to enforce the trial court's judgment. We affirm.
We affirm the presiding judge of the Second Administrative Judicial Region's order denying the Cantus' motion to recuse
the trial court judge, and we affirm the trial court's order denying the "Defendants' Second Amended Motion for Contempt
and Sanctions Against Epernay and Individuals."
AFFIRM TC JUDGMENT: Opinion by Justice Higley     
Before Justices Jennings, Higley and Sharp   
01-07-01091-CV  Tony Cantu and Elsa Cantu v. Wade McKinney, Jr., Rebecca R. McKinney, et al   
Appeal from 129th District Court of Harris County
Trial Court Judge:  
Hon. Grant Dorfman  

Keys v. Litton Loan Servicing LP (Tex.App.- Houston [14th Dist.] Nov. 24, 2009)(Sullivan)
(
property foreclosure dispute, attorney's fees remanded)
In this longstanding property-foreclosure dispute, Patrick William Keys, pro se, appeals the final judgment
in favor of Litton Loan Servicing, L.P., the loan servicer for an adjustable rate note on real property
owned by Keys.  We affirm the trial court in all respects with the limited exception of its granting of Litton’s
“Motion for Summary Judgment as to Attorneys’ Fees.”  Accordingly, we reverse and remand for further
proceedings limited to the award of those attorneys’ fees.
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Sullivan      
Before Chief Justice Hedges, Justices Brock Yates and Sullivan
14-07-00809-CV   Patrick William Keys v. Litton Loan Servicing L.P, Et Al    
Appeal from 129th District Court of Harris County
Trial Court Judge:  
Samuel Grant Dorfman

Cantu v. McKinney (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Higley)
(
sanctions, injunction, challenge to agreed judgment, Rule 11 agreement)
(
challenge to agreed judgment barred by acceptance of benefits doctrine)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Higley     
Before Justices Jennings, Higley and Sharp   
01-07-00638-CV  Tony Cantu v. Wade E. McKinney, Jr., Rebecca McKinney, Justin McKinney, Daniel
Broussard, Craig Dehaan, Jonnie Harker, Epernay Homeowners Association   
Appeal from 129th District Court of Harris County
Trial Court Judge: Hon.
Grant Dorfman

Losier v. Ravi, M.D. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown)
(
res ipsa loquitur, complaint of improper conduct of juror overruled, communication with party's agent
outside the courtroom)
AFFIRMED: Opinion by
Justice Brown   
Before Justices Seymore, Brown and Sullivan  
14-08-00399-CV  Orville Losier and Wife Joelle Losier v. Shivarajpur K. Ravi, M.D., and Ambika Medical
Group, P.A.   
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

Dowell v. Theken Spine, LLC (Tex. App. - Houston [14th Dist.] Jun. 2, 3009)(Yates)
(
notice of hearing on  motion for summary judgment, motion for continuance)
AFFIRMED: Opinion by Justice Brock Yates  
Before Justices Brock Yates, Guzman and Sullivan
14-07-00887-CV Tanya E. Dowell v. Theken Spine, L.L.C
Appeal from 129th District Court of Harris County
Trial Court
Judge: Samuel Grant Dorfman

Cameron International Corp. v. Vetco Cray, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Anderson)
(contract interpretation,
confirmation of an arbitrator’s award, unambiguous contract)
AFFIRMED: Opinion by
Justice Anderson  
Before Justices Anderson, Hudson and Seymore
14-07-00656-CV Cameron International Corporation f/k/a Cooper Cameron Corporation v. Vetco Gray Inc.
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

Borrell v. Vital Weight Control, Inc. (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Frost)
(no
quantum meruit claim where express contract covers claim)
AFFIRMED: Opinion by
Justice Frost    
Before Justices Frost, Seymore and Guzman  
14-07-00390-CV Leo Borrell v. Vital Weight Control, Inc., d/b/a Neweigh   
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman  

City of Houston v. Estrada (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Boyce)
(
Public Information Act, open records act, plea to the jurisdiction, governmental entities law)
AFFIRMED: Opinion by
Justice Bill Boyce    
Before Justices Frost, Brown and Boyce  
14-08-00900-CV The City of Houston v. Larry Edgar Estrada and Mayer Brown, L.L.P., f/k/a Mayer
Brown, Rowe & Maw, L.L.P.   
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

Mayer v. Willowbrook Plaza LP (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Boyce)
(
premises liability, criminal conduct, wrongful death, survival action)
AFFIRMED: Opinion by
Justice Boyce  
Before Price, Chief Justice Hedges, Justice Boyce
14-07-00358-CV Tracy Mayer, as next friend of Tyler Lee Mayer, a Minor, Diane Messimer, Individually
and as a Personal Representative of the Estate of Shaun Messimer, Deceased, and Kathleen and
Salvatore M. Ciaramitaro, Individually and as Personal Representatives of th v. Willowbrook Plaza Limited
Partnership d/b/a Willowbrook Plaza. PPG Venture I Limited Partnership, ERMC, ERMC LP, ERMC LP
d/b/a ERMC Security, ERMC II, LP d/b/a ERMC Security, CBL/GP, Inc., CBL & Associates, Inc., CBL &
Associates Properties, Inc., CBL & A
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

Fairchild v. Barron (Tex.App.- Houston [1st Dist] Jan. 30, 2009)(Alcala)
(
summary judgment, tortious interference, motion to compel, estoppel)
AFFIRM TC JUDGMENT: Opinion by
Justice Elsa Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00534-CV        James W. Fairchild, Individually and in the name and right of Exeter Energy
Services, L.P., and Fairchild & Wells, Inc. v. Thomas F. Barron, Tetra Prime, Inc., and John Wells,
Individually
Appeal from 129th District Court of Harris County
Trial Court Judge: Hon.
Grant Dorfman

Goodson Pontiac GMC, LLC v. Autonation USA Corp. (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Alcala)
(liability for flooded car lot, SJ)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-07-00104-CV        Goodson Pontiac GMC, L.L.C., Goodson North, L.L.C., Goodson Honda, Inc.,
Automotive Group Realty, L.L.C., United Auto Group, Inc, and Motors Insurance Company v. Autonation
USA Corporation n/k/a An Dealership Holding Corp., Autonation, Inc., and Turner, Collie & Braden, Inc.
Appeal from 129th District Court of Harris County
Trial Court
Judge: Hon. Grant Dorfman

Douglas v. Booker (Tex.App.-Houston [1st Dist.] Dec. 18, 2008)(Jennings)
(
interlocutory order denying summary judgment not immediately appealable)
DISMISS APPEAL: Opinion by Justice Jennings  
Before Justices Jennings, Hanks and Bland
01-06-01069-CV  Ralph O. Douglas v. Joyce Booker
Appeal from 129th District Court of Harris County
Trial Court
Judge: Hon. Grant Dorfman

RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Suppl. Op. by Guzman)(remittiture,
punitive damages)
REVERSED AND REMANDED: Opinion by Justice Guzman  
Before Justices Brock Yates, Guzman and Boyce
14-06-00704-CV RePipe, Inc. v. James E. Turpin
Appeal from 129th District Court of Harris County
Trial Court Judge: Samuel Grant Dorfman

RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman)
(
employment law, written employment contract, remittiture suggested)
REVERSED AND REMANDED: Opinion by Justice Guzman  
Before Justices Brock Yates, Guzman and Boyce
14-06-00704-CV        RePipe, Inc. v. James E. Turpin
Appeal from 129th District Court of Harris County
Trial Court Judge: Samuel Grant Dorfman

The Kroger Co. v. Persley (Tex.App.- Houston [1st Dist.] July 10, 2008)(Hanks)
(
premises liability, slip and fall case, negligent activity)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Hanks and Higley
01-06-00567-CV        The Kroger Company v. Sylvia R. Persley
Appeal from 129th District Court of Harris County
Trial Court Judge: Hon. Grant Dorfman

Court of Appeals splits on claim-splitting issue in legal malpractice suit
Trousdale v. Henry (Tex.App.- Houston [14th Dist.] June 24, 2008)(Fowler)
(legal malpractice, claim fracturing, negligence vs. breach of fiduciary duty, applicable statute of
limitations, tolling, discovery rule)
AFFIRMED IN PART;
REVERSED & REMANDED IN PART: Opinion by Justice Fowler  
Before Justices Brock Yates, Fowler and Guzman
14-06-00848-CV Lenieta Wylene Trousdale v. Annette M. Henry, R. Christopher Bell and Bell & Henry, L.
L.P. | Appeal from 129th District Court of Harris County
Trial Court
Judge: Samuel Grant Dorfman  
Concurring and Dissenting Opinion by Justice Guzman (different legal causes of action with different
statutes of limitations not separate claims).   

Judge Dorfman's temporary injunction lifted on appeal
EPG, Inc.v RDM, Inc. (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Anderson)
(
temporary injunction appeal)
REVERSED AND DISMISSED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00415-CV EPG, Inc. & Stanton Holt v. RDM, Inc.
Appeal from 129th District Court of Harris County (Judge Grant Dorfman)

Costello v. Bank of America (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Seymore)
(
employment law discharge, summary judgment, SJ, worker's comp. retaliation)
AFFIRMED: Opinion by
Justice Seymore
Before Justices Anderson, Fowler and Seymore
14-06-00195-CV Mitzie Costello v.
Bank of America, N.A.
Appeal from 129th District Court of Harris County (
Hon. Grant Dorfman)

Mitchell v. Garza II (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(op. on rehr'g by Hanks)
(
real estate law, easement by estoppel)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00959-CV Robert S. Mitchell and Leta M. Mitchell v. Arturo Garza
Appeal from 129th District Court of Harris County (Hon. Grant Dorfman)

Production Instruments Sales and Services v. Croft (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Nuchia)
(noncompete agreement,
interlocutory temporary injunction appeal, TI)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Keyes
01-07-00434-CV Production Instruments Sales and Service, Inc. d/b/a Croft Services and Energy
Maintenance Services Group I, LLC v. Frank Croft
Appeal from 129th District Court of Harris County (Hon. Grant Dorfman)

In Re Alvarez (Tex.App.- Houston [1st Dist.] Oct. 29, 2007)(per curiam)(discovery rules,
(assertion of fifth amendment privilege against self-incrimination in civil proceeding)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Nuchia, Jennings and Keyes
01-07-00569-CV In re Luis Alonzo Alvarez
Appeal from 129th District Court of Harris County (Hon. Grant Dorfman)

Mitchell v. Garza (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Hanks)(real estate law, easement by
estoppel, attorneys fees)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00959-CV Robert S. Mitchell and Leta M. Mitchell v. Arturo Garza
Appeal from 129th District Court of Harris County (Hon. Grant Dorfman)

Acosta v. Hemlata Chheda, DDS (Tex.App. - Houston [1st Dist.] Nov. 1, 2007)(Higley)
(HCLC,
medical malpractice, untimely expert report)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Hanks and Higley
01-07-00398-CV Mary C. Acosta v. Hemlata Chheda, D.D.S.
Appeal from 129th District Court of Harris County (Hon. Grant Dorfman)

Orion Refining Corp. v. UOP (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Radack)
(breach of contract, foreign state law)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-05-00681-CV Orion Refining Corporation v. UOP, a general partnership, UOP, LLC EM Sector
Holdings, Inc., and Catalysts, Absorbents and Process Systems, Inc.
Appeal from 129th District Court of Harris County (Judge Grant Dorfman)
("Appellant, Orion Refining Corporation, challenges the summary judgment rendered in favor of
appellees, UOP, a General Partnership; UOP, LLC; and Catalysts, Adsorbents and Process Systems, Inc.
(collectively, UOP) on Orion's breach-of-contract and extra-contractual claims. (1) Orion's first issue
presents a broad challenge to the summary judgment that dismissed all of Orion's claims; Orion's fifth
issue asks whether Orion's summary judgment evidence raises material questions of fact on elements of
Orion's claims. In addition to these global issues, Orion presents three specific challenges, as follows: (1)
whether UOP conclusively defeated Orion's extra-contractual claims under Illinois law, (2) whether Orion
stated a viable action for common-law fraud under Illinois law or under the Illinois Consumer Fraud and
Deceptive Business Practices Act, (2) and (3) whether Orion has viable claims for breach of contract and
negligence under Illinois law. Appellant John Stanley presents a single issue contending that the trial
court abused its discretion by striking Stanley's petition to intervene in Orion's action. We affirm.")

Judge Dorfman reversed on personal jurisdiction ruling

Control Solutions, Inc. v. Gharda USA, Inc. (Tex.App.- Houston [1st Dist.] Sep. 13, 2007)
(
special appearance, grant of special appearance reversed)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Keyes
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00802-CV Control Solutions, Inc. and United Phosphorus, Inc. v. Gharda USA, Inc., Gharda
Chemicals Ltd., Benko Products, Inc., and Choctaw Sales, Inc.
Appeal from 129th District Court of Harris County (Honorable Grant Dorfman)

El Sabor De Mi Tierra, Inc. v. Atascocita (Tex.App.- Houston [14th Dist.] Aug. 28, 2007)(corrected opinion
by Hedges)(
commercial lease)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00652-CV El Sabor De Mi Tierra, Inc. d/b/a El Sabor De Mexico v. Atascocita/Boone JV, Houston
Real Estate Group, Inc. and Sherry Harber
Appeal from 129th District Court of Harris County (Judge Samuel Grant Dorfman)

McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Hanks)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Jennings, Hanks and Higley
01-04-00921-CV Marcie McCarthy v. Wani Venture, AS
Appeal from 129th District Court of Harris County (Trial court judge:
Hon. Grant Dorfman)
Justice
Jennings dissents in McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)
(
Dissent by Justice Jennings)

McReynolds v Elston (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Yates)
(
credit card suit, sworn account, deemed admissions)
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Anderson and Hudson
14-06-00974-CV        L. Bland McReynolds and Judith Bauman v. Lanelle Elston
Appeal from
129th District Court of Harris County

In Re McReynold (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Yates) (arbitration)
MOTION OR WRIT DENIED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Anderson and Hudson
14-06-00980-CV        In Re: L. Bland McReynold and Judith Bauman
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

In Re Mercedes Villarreal (Tex.App,.- Houston [14th Dist. Mar. 20, 2007)(per curiam denial of mandamus)
MOTION OR WRIT DENIED: Per Curiam
(Before Justices Brock Yates, Fowler and Frost)
14-07-00223-CV In Re: Mercedes Villarreal
Appeal from 129th District Court of Harris County (
Judge Grant Dorfman)

Marketing, Inc., Coastal v. United States Fidelity and Guaranty Company (Tex.App.- Houston [14th Dist.]
Mar. 8, 2007)(Justice Eva Guzman)(
insurance law, coverage dispute, late notice but no prejudice)
REVERSED AND REMANDED: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman
14-04-00651-CV Coastal Refining & Marketing, Inc., Coastal Offshore Insurance Limited, and Lexington
Insurance Company v. United States Fidelity and Guaranty Company
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

.
129th District Court Race: Dem. Michael Gomez Defeats
Republican Incumbent Samuel Grant Dorfman
Harris County Civil Courts and
Judges (Non-family)
Houston Opinions
Harris County Civil Courthouse - Houston TX 77002
Judge Dorfman was the Republican incumbent
seeking reelection in the 2008 general election.
The
Democratic candidate for this bench  Attorney
Michael Gomez won the election (click candidate names
to visit their websites)
The HOUSTON CHRONICLE endorsed Dorfman

For photo, contact, and location info go to ---> Official web site of the 129th Court (Hon. Mike Gomez)

2008 Judicial Election Race for this Bench: Dorfman loses to Democrat Gomez
THE CHALLENGER IN HIS OWN WORDS
THE INCUMBENT IN HIS OWN WORDS
Michael Gomez

Democrat

As a practicing attorney with
over 8 years of experience,
a lifelong resident of Houston,
and a graduate of Rice
University and the UH Law
Center, Michael Gomez cares
about our community
and its people. Michael pledges
to treat everyone in his
court with dignity, courtesy
and respect.
Judge Grant Dorfman
is in his 6th year of service as
Judge of the 129th Civil District
Court. A native Texan,
he graduated from Brown
University, Oxford
University, and the Yale Law
School (1992). Prior to his
appointment, Judge Dorfman
served as a law clerk on the United States 5th Circuit
Court of Appeals, and practiced law with Susman
Godfrey and as a partner with Ogden Gibson White
& Broocks.
WHEN SHOULD A JUDGE BE RECUSED?
When should a judge recuse
himself/herself from a case?
(60 word limit)
WHEN SHOULD A JUDGE RECUSE?
When should a judge recuse
himself/herself from a case?
(60 word limit)
Michael Gomez, Democrat -
A judge should recuse himself when his
impartiality in a particular matter may
reasonably be questioned or as required to
under the rules and laws of the state of
Texas.


Source:
LWV Voters Guide: Question to candidates
Grant Dorfman, Republican –
No response received
Source: League of Women Voters Guide: Candidate Q&A
Note: Judge Dorfman was one of two incumbent civil
court judges who did not respond to the recusal
question by the League of Women Voters. Judge
Dorfman moonlighted for the University of Houston
as a
part-time law professor, but declined to recuse
himself when the Provost, whose signature was
required for reappointments, was a defendant in a
faculty employment dispute in Dorfman's court.
George C. Hanks, who is also an adjunct professor
and the UH Law Center, stepped aside under similar
circumstance.
More on this candidate from the Harris County
Democratice Party's judicial campaign web site:

Judges for All
dot com
More on the incumbent from the Harris County GOP's judicial
re-election campaign web site:
Keep our Judges dot com
2008 ELECTION OUTCOME: REP Grant Dorfman  530,479 Votes: 48.22%
DEM Michael Gomez 569,687 Votes: 51.78%
See all Harris County Election Results
THE ELECTORATE DID NOT COMPLY

Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
55th  
Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Larry Weiman (2009)
80th  Judge Lynn Bradshaw-Hull (former)
113th  Judge Patricia Hancock
125th  Judge Kyle Carter (2009)
125th  Judge John Coselli (former)
127th  Judge R. K. Sandill (2009)
127th  Judge Sharolyn Wood (former)
129th  Judge Michael Gomez (2009)
129th  Judge Grant Dorfman (former)
133th  Judge Jaclanel McFarland (2009)
133th  Judge Lamar McCorkle (former)
151st   Judge Mike Engelhart (2009)
151st   Judge Caroline E. Baker (former)
152nd  Judge Robert Schaffer (2009)
152nd  Judge Kenneth Wise (former)
157th   Judge Randall Wilson
164th   Judge Alexandra Smoots-Hogan (2009)
164th   Judge Martha Hill Jamison (former)
165th   Judge Josefina Muniz Rendon (2009)
165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
190th   Judge Patricia Kerrigan (reelected '08)
190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   
Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
270th   Judge Brent Gamble
280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)
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