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But he added that was not the fault of Mr Noble or his legal advisers, and the court should "not be beguiled" into allowing the family, six-and-a-half years after Mr Lavelle's death, to start the process all over again.
BBC: Family of Kevin Lavelle in legal bid to find killer
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In a lawsuit filed in California State court on December 22, 2011 by Noble Investment Fund Ltd.
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Ceri Noble, 44, of Rhondda, was charged with Mr Lavelle's murder but the court case collapsed in 2006 when it could not be proved who dealt the fatal blow.
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Noble, of Reeves Way, Doncaster, had admitted causing death by dangerous driving at Teesside Crown Court.
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The court heard the brothers' sale on 19 October had attracted 400 people but prosecutor Will Noble said he could not tell if the robbers were present.
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" Or the New York Times, where Tom Friedman lauds the chief justice for "a simple noble leadership impulse at a critical juncture in our history to preserve the legitimacy of the Supreme Court.
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