alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

KENNETH BARBER, *

* No. 19-607V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: May 25, 2021

*

SECRETARY OF HEALTH * Stipulation; Tetanus Diphtheria 

AND HUMAN SERVICES, * acellular pertussis (“Tdap”) vaccine;

* pneumococcal conjugate (“PCV”) 

* vaccine; Guillain-Barré Syndrome

Respondent. * (“GBS”).

* * * * * * * * * * * * * * * * * * * * *

Diana L. Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for 

Petitioner;

Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for 

Respondent.

UNPUBLISHED DECISION1

On May 24, 2021, the parties filed a joint stipulation concerning the petition 

for compensation filed by Kenneth Barber on April 24, 2019. Petitioner alleged 

that the tetanus-diphtheria-acellular pertussis (“Tdap”) and pneumococcal 

conjugate (PCV”) vaccines he received on February 21, 2018, which are contained 

in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to 

suffer Guillain-Barré syndrome. Petitioner further alleges that he suffered the 

residual effects of this injury for more than six months. Petitioner represents that 

there has been no prior award or settlement of a civil action for damages on his 

behalf as a result of his condition.

1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services), requires that the Court post this decision on its 

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing 

redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). 

Any redactions ordered by the special master will appear in the document posted on the website.
2

Respondent denies that petitioner’s alleged GBS and residual effects were 

caused-in-fact by the Tdap or PCV vaccine; and denies that the Tdap and/or PCV 

vaccine caused petitioner any other injury or his current condition.

Nevertheless, the parties agree to the joint stipulation, attached hereto. The 

undersigned finds said stipulation reasonable and adopts it as the decision of the 

Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum payment of $62,500.00 in the form of a check payable to 

petitioner. This amount represents compensation for all damages that 

would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, 

the clerk is directed to enter judgment according to this decision and the attached 

stipulation.2

 

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.
Editorial Note on Subchapter A of Chapter VIII
Authority: 7 U.S.C. 71-87K, 1621-1627.

Editorial Note on Subchapter A of Chapter VIII
Editorial Note: Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

§ 868.208 Percentages. ( a ) *Rounding.* Percentages are determined on the basis of weight and are rounded as follows: ( 1 ) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5.
( 2 ) When the figure to be rounded is followed by a figure less than 5, retain the figure; e.g., report 8.34 as 8.3 and 1.22 as 1.2.
( b ) *Recording.* All percentages, except for milling yield, are stated in whole and tenth percent to the nearest tenth percent. Milling yield is stated to the nearest whole percent.
[54 FR 21403, May 18, 1989. Redesignated at 60 FR 16364, Mar. 30, 1995]
Subpart 717.70—Pharmaceutical Products

Parent topic: PART 717—SPECIAL CONTRACTING METHODS

717.770 General.

Section 606(c) of the Foreign Assistance Act bars procurement by the Government of drug and

pharmaceutical products manufactured outside the United States if their manufacture involves the

use of or is covered by an unexpired U.S. patent which has not been held invalid by an unappealed

or unappealable court decision unless the manufacture is expressly authorized by the patent owner.

Applicable policies and procedures are set forth in USAID Automated Directive System Chapter 312.
§ 932.40 Accounting. ( a ) If, at the end of a fiscal year, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following: ( 1 ) If such excess is not retained in a reserve as provided in paragraph (a)(2) of this section, the committee shall refund or credit to handler accounts the aforesaid excess. Each handler's share of such excess funds shall be the amount of assessments such handler has paid in excess of such handler's pro rata share of the actual net expenses of the committee for such fiscal year. Excess funds may be used temporarily by the committee to defray expenses of the subsequent fiscal year: *Provided,* That each handler's share of such excess shall be made available to the handler by the committee within five months after the end of the fiscal year.
( 2 ) The committee, with the approval of the Secretary, may carry over such excess into subsequent fiscal years as a reserve: *Provided,* That funds already in the reserve do not exceed approximately one fiscal year's expenses. Such reserve funds may be used for any expenses authorized pursuant to § 932.38 and for necessary expenses of liquidation in the event of termination of this part. Upon such termination, any funds not required to defray the necessary expenses of liquidation shall be disposed of in such manner as the Secretary may determine to be appropriate: *Provided,* That to the extent practicable, such funds shall be returned pro rata to the persons from whom such funds were collected.
( b ) All funds received by the committee pursuant to the provisions of this part shall be used solely for the purpose specified in this part and shall be accounted for in the manner provided in this part. The Secretary may at any time require the committee and its members to account for all receipts and disbursements.
( c ) Upon the removal or expiration of the term of office of any member of the committee, such member shall account for all receipts and disbursements and deliver all property and funds in his possession to the committee, and shall execute such assignments and other instruments as may be necessary or appropriate to vest in the committee full title to all of the property, funds, and claims vested in such member pursuant to this part.
[30 FR 12629, Oct. 2, 1965, as amended at 47 FR 32908, July 30, 1982]
###### Editorial Note on Subchapter A of Chapter VIII

#### Authority:

7 U.S.C. 71-87K, 1621-1627.

###### Editorial Note on Subchapter A of Chapter VIII

#### Editorial Note:

Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

#### § 800.74 Fees for fiscal year 2024.

The fees for fiscal year 2024 are established in the fee tables posted on the Service's public website.

[89 FR 48265, June 6, 2024]
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

WILLIE MCNAIR, )

)

Plaintiff/Counter-Defendant )

)

) Civ. Act. No. 2:06cv695-WKW

)

RICHARD ALLEN, et al., )

)

Defendants/Counter-Plaintiffs. )

 

JAMES CALLAHAN, )

)

Plaintiff/Counter-Defendant, )

)

) Civ. Act. No. 2:06cv919-WKW

)

RICHARD ALLEN, et al., )

)

Defendants/Counter-Plaintiffs. )

ORDER

Now pending before the court is the defendants’ motion for quash subpoenas (doc. #

100) filed on September 13, 2007. Upon consideration of the motion, and for good cause,

it is 

ORDERED that the defendants’ motion for quash subpoenas (doc. # 100) be and is

hereby DENIED as moot.

Done this15th day of May, 2008.

 /s/Charles S. Coody 

CHARLES S. COODY

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00695-WKW-CSC Document 174 Filed 05/15/2008 Page 1 of 1
#### Sol Knopff, Appellant, v Hugh Johnson, Respondent.

[815 NYS2d 242]

*742In an action, inter alia, for specific performance of a contract, for the sale of real property, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated September 30, 2004, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant’s motion which was for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law by offering sufficient evidence to remove any triable issues of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). Absent such a showing, the motion will be denied, irrespective of the sufficiency of the opposing proof *(see generally Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]; *Golfo v Kycia Assoc., Inc.,*15 AD3d 540, 541 [2005]).

The defendant failed to demonstrate the absence of a triable issue of fact regarding whether the plaintiff was ready, willing, and able to close in accordance with the fully-executed real estate contract dated May 15, 2003 *(see Kistela v Ahlers,*22 AD3d 641 [2005]). The papers submitted in support of its motion show the existence of triable issues of fact as to whether the communications and correspondence between the parties after the execution of the contract constituted a counteroffer that was expressly rejected by the defendant *(cf. Winiarski v Duryea Assoc., LLC,*14 AD3d 697, 698 [2005]), or a repudiation by the plaintiff of the original contract *(cf. G.G.F. Props, v Yu Mi Hong,*284 AD2d 427 [2001]). Accordingly, the Supreme Court erred in granting that branch of the defendant’s motion which was for summary judgment dismissing the complaint. Adams, J.P., Rivera, Skelos and Lifson, JJ., concur. *[See*5 Misc 3d 1003(A), 2004 NY Slip Op 51173(U) (2004).]
#### § 70.21 Suspension of license; revocation.

Pending final action by the Secretary, any person authorized to countersign a license to perform grading service may, whenever such action is deemed necessary to assure that any grading services are properly performed, suspend any license to perform grading service issued pursuant to this part, by giving notice of such suspension to the respective licensee, accompanied by a statement of the reasons therefor. Within 7 days after the receipt of the aforesaid notice and statement of reasons, the licensee may file an appeal in writing, with the Secretary, supported by any argument or evidence that the licensee may wish to offer as to why the license should not be further suspended or revoked. After the expiration of the aforesaid 7-day period and consideration of such argument and evidence, the Secretary will take such action as deemed appropriate with respect to such suspension or revocation. When no appeal is filed within the prescribed 7 days, the license to perform grading service is revoked.

[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 71 FR 42012, July 24, 2006]
**Exhibit
32.1**
  **CERTIFICATION
PURSUANT TO**
 **18
U.S.C. SECTION 1350,**
 **AS
ADOPTED PURSUANT TO**
 **SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002**
  In
connection with the Quarterly Report of IMCOR Pharmaceutical Co. (the “Company”)
on Form 10-QSB for the period ending March 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Taffy J. Williams,
Ph.D., Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:
  (1)
    The
      Report fully complies with the requirements of section 13(a) or 15(d)
      of the Securities Exchange Act of 1934; and
  (2)
    The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.
   /s/
      Taffy J. WilliamsTaffy J. Williams, Ph.D.Chief Executive OfficerDate:
      May 16, 2005
Case 2:06-cv-00648-MHT-VPM Document 21 Filed 08/04/2006 Page 1 of 2
Case 2:06-cv-00648-MHT-VPM Document 21 Filed 08/04/2006 Page 2 of 2
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3347 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3347

      To suspend temporarily the duty on polymerized rosin acids.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2006

  Mr. Specter introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on polymerized rosin acids.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. POLYMERIZED ROSIN ACIDS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.38.06        Polymerized rosin       Free      No change       No change       On or before 12/
                           acids (CAS No. 65997-                                             31/2009          ''
                           05-9) (provided for                                                                 .
                           in subheading
                           3806.90.00)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
450.303-1 Contractor requests.       Contractor requests shall be submitted to the contracting officer.    **Parent topic:** Subpart 450.3 - Contract Adjustments
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3259 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3259

 To suspend temporarily the duty on high current ground fault circuit 
                             interrupters.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2006

Mr. Frist (for Mrs. Dole) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on high current ground fault circuit 
                             interrupters.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CERTAIN HIGH CURRENT GROUND FAULT CIRCUIT INTERRUPTERS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.85.35        High current ground     Free      No change       No change       On or before 12/
                           fault circuit                                                     31/2009          ''
                           interrupters of 15                                                                  .
                           amps or more
                           (provided for in
                           subheading
                           8536.30.80)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
# L_2015199EN.01004601.xml

| 29.7.2015 | EN | Official Journal of the European Union | L 199/46 |
| --- | --- | --- | --- |

29.7.2015

EN

Official Journal of the European Union

L 199/46

---

Corrigendum to Council Implementing Regulation (EU) No 284/2014 of 21 March 2014 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

(
  Official Journal of the European Union L 86 of 21 March 2014
  )

On page 28 in the Annex, in the third entry, first column:

for:

‘Matviyenko, Valentina Ivanova’

read:

‘Matviyenko, Valentina Ivanovna’.

---
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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

BARBARA JEFFERS and )

JOAN CRAIG, )

Plaintiffs, )

v. ) CASE NO. 3:06-cv-685-WKW

RUSSELL COUNTY BOARD OF )

EDUCATION, et al., )

Defendants. )

REPORT OF THE PARTIES’ FACE-TO-FACE CONERENCE

In compliance with the Court’s Order, the parties held the face-to-face conference

on January 17, 2008. The parties would show unto the Court:

1. The parties were represented by counsel as follows:

a. W. Don Eddins for plaintiffs Craig and Jeffers;

b. Sydney S. Smith for defendant Russell County Board of Education;

c. Matthew C. Williams for defendant Charles Nacrelli.

2. The parties discussed issues pending in the case, as well as potential liability

of defendants.

3. The parties were unable to reach a settlement, but agreed to continue open

discussions.

4. Plaintiffs’ counsel agreed to discuss settlement options with his clients and

present proposals to defendants’ counsel.

Respectfully,

/s/W. Don Eddins (ASB-1424-S65W)

Attorney for Plaintiffs

337 E. Magnolia Avenue

Auburn, AL 36830

(334) 821-9981

Facsimile (334) 826-7700

doneddins@charter.net

Case 3:06-cv-00685-WKW-CSC Document 52 Filed 01/18/2008 Page 1 of 2
CERTIFICATE OF SERVICE

I, W. Don Eddins, counsel for Plaintiffs, hereby certify that on the 18th day of

January, 2008, I have electronically filed the foregoing with the Clerk of Court using the

CM/ECF system which will send notification of such filing to the following:

Sydney S. Smith, Esq. Matthew C. Williams, Esq.

Smith and Smith Estes, Sanders & Williams, LLC

Attorney for Russell Co. Bd. of Education Attorney from Mr. Nacrelli

1503 Broad Street 3800 Colonnade Parkway, Ste. 330

Phenix City, AL 36830 Birmingham, AL 35243

ssmith4843@aol.com matt@asw-law.com

/s/W. Don Eddins (ASB-1424-S65W)

Attorney for Plaintiffs

Case 3:06-cv-00685-WKW-CSC Document 52 Filed 01/18/2008 Page 2 of 2
252.236-7010 Overseas Military

Construction—Preference for United States

Firms.

As prescribed in 236.570 (c)(1), use the following provision:

OVERSEAS MILITARY CONSTRUCTION—PREFERENCE FOR UNITED STATES FIRMS (JAN 1997)

(a) Definition. “United States firm,” as used in this provision, means a firm incorporated in the

United States that complies with the following:

(1) The corporate headquarters are in the United States;

(2) The firm has filed corporate and employment tax returns in the United States for a minimum of 2

years (if required), has filed State and Federal income tax returns (if required) for 2 years, and has

paid any taxes due as a result of these filings; and

(3) The firm employs United States citizens in key management positions.

(b) Evaluation. Offers from firms that do not qualify as United States firms will be evaluated by

adding 20 percent to the offer.

(c) Status. The offeror ______ is, ______ is not a United States firm.

(End of provision)

Parent topic: 252.236 RESERVED
#### § 930.1 Act.

*Act* means Public Act No. 10, 73d Congress (May 12, 1933), as amended, and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended, 68 Stat. 906, 1047; 7 U.S.C. 601 *et seq.*).
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         837,171
<SECURITIES>                                         0
<RECEIVABLES>                                   30,000
<ALLOWANCES>                                    15,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                               852,336
<PP&E>                                       7,104,610
<DEPRECIATION>                               2,591,300
<TOTAL-ASSETS>                               5,365,646
<CURRENT-LIABILITIES>                          128,199
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   5,237,447
<TOTAL-LIABILITY-AND-EQUITY>                 5,365,646
<SALES>                                              0
<TOTAL-REVENUES>                               825,455
<CGS>                                                0
<TOTAL-COSTS>                                  505,811
<OTHER-EXPENSES>                                85,043
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                234,601
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            234,601
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   234,601
<EPS-BASIC>                                      14.86
<EPS-DILUTED>                                    14.86


</TABLE>
Case 2:06-cv-00672-WKW-WC Document 21 Filed 05/14/2007 Page 1 of 2
Case 2:06-cv-00672-WKW-WC Document 21 Filed 05/14/2007 Page 2 of 2