alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# In the Unit **ed States Court of Federal Claims**

OFFICE OF SPECIAL MASTERS

Filed: November 19, 2019

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

RAFAEL D. LEAL

, * No. 17

- 1513V

*

Petitioner, * Special Master Sanders

*

v. *

*

SECRETARY OF HEALTH * Stipulation; Dismissal; Influenza (“Flu”)

AND HUMAN SERVICES, * Vaccine; Tetanus, Dipht heria, and

* Pertussis (“Tdap”) Vaccine; SIRVA

Respondent. *

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

ORDER CONCLUDING PROCEEDINGS 1

On October 13, 2017, Rafael D. Leal (“Petitioner”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 10 to

- 34

(2012). Petitioner received a flu vaccination in his left arm and a Tdap vaccination in his right

arm on February 29, 2016. Pet’r’s Ex. 4 at 4, ECF No. 22

. Petitioner alleged that he develop ed a

shoulder injury related to vaccine administration (“SIRVA”) in his left arm caused by the flu

vaccine and in his right arm caused by the Tdap vaccine

. See Pet . at 1, ECF N o. 1 . Petitioner

further alleged that he experienced the residual effects of his injury for more than six months. Id.

On November 1 , 2019, the parties filed a joint stipulation in which they state that this action

should be dismissed

. Stip

. at 2. Prior to filing the stipulation, Petitioner notified his counsel that

he wished to withdraw from the Program and that he does not wish to pursue a separate legal

action

. Id. T he parties then agree d to dismiss this action pursuant to Vaccine Rule 21(a)

. Id.

Accordingly, pursuant to Vaccine Rule 21(a) the above

- captioned case is hereby dismissed

1 This decision shall be posted on the website of the United States Court of Federal Claims, in

accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913

(codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be

available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party

has 14 days within which to request redaction “of any information furnished by that party: (1) that

is a trade secret or commercial or fin ancial in substance and is privileged or confidential; or (2)

that includes medical files or similar files, the disclosure of which would constitute a clearly

unwarranted invasion of privacy.” Vaccine Rule 18(b).

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99

- 660, 100 Stat. 3755.2 without prejudice. The Clerk of Court is hereby instructed that a judgment shall not enter i n the

instant case pursuant to Vaccine Ru le 21(a).

IT IS SO ORDERED.

s/ Herbrina D. Sanders

Herbrina D. Sanders

Special Master
2011 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-7-2011

Animal Science Prod Inc v. China Minmetals

Materials Impo

Precedential or Non-Precedential: Precedential

Docket No. 10-2288

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2011

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2011 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Animal Science Prod Inc v. China Minmetals Materials Impo" (2011). 2011 Decisions. Paper 293.

http://digitalcommons.law.villanova.edu/thirdcircuit_2011/293
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________________

No. 10-2288

____________________

ANIMAL SCIENCE PRODUCTS, INC., 

 Appellant

v.

CHINA MINMETALS CORPORATION; CHINA NATIONAL CO, LTD.; XIYANG 

GROUP; XIYANG (PACIFIC) IMPORT & EXPORT LTD. COMPANY; XIYANG 

REFRACTORY MATERIALS LTD COMPANY; XIYANG FIREPROOF 

MATERIALS LTD COMPANY; SINOSTEEL CORPORATION; SINOSTEEL 

TRADING COMPANY; LIAONING JIAYI METALS & MINERALS CO., LTD; 

LIAONING FOREIGN TRADE GENERAL CORPORATION; LIAONING JINDING 

MAGNESITE GROUP; DALIAN GOLDEN SUN IMPORT & EXPORT CORP.; 

HAICHENG HOUYING CORP. LTD; 

HAICHENG HUAYU GROUP IMPORT & EXPORT CO. LTD. (HUAZIYU); 

HAICHENG PAILOU MAGNESITE ORE CO. LTD.; YINGKOU HUACHEN 

(GROUP) CO LTD

____________________

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

District Court Judge: Honorable Garrett E. Brown, Jr.

(D.C. No. 05-cv-04376)

____________________

Argued: January 24, 2011

Before: FUENTES and CHAGARES, Circuit Judges, and 

POLLAK, District Judge*

* The Honorable Louis A. Pollak, United States District Judge for the Eastern District of 

Pennsylvania, sitting by designation. 
(Opinion Filed: August 17, 2011)

________________

ORDER AMENDING OPINION

The opinion in the above case is hereby amended as follows: on page 4, second 

paragraph, third line from the bottom, “the Clayton Act,” is deleted.

BY THE COURT:

/s/ Michael A. Chagares 

Circuit Judge

DATED: October 7, 2011

tmk/cc: Richard E. Donovan, Esq.

 William Isaacson, Esq.

 Robert A. Magnanini, Esq.

 David S. Stone, Esq.

 Amy W. Wagner, Esq.

 Robert J. Del Tufo, Esq.

 Shepard Goldfein, Esq.

 Michael L. Weiner, Esq.

 Mark Baghdassarian, Esq.

 Jonathan Caplan, Esq.

 Leda Dunn-Wettre, Esq.
Exhibit 32.2

                            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 Scottish Re Group Limited (the
"Company") on Form 10-K for the annual period ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Elizabeth A. Murphy, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the Company.

/s/ Elizabeth A. Murphy
-----------------------
Elizabeth A. Murphy
Chief Financial Officer
March 18, 2005

     A signed original of this written statement required by Section 906 has
been provided to Scottish Re Group Limited and will be retained by Scottish Re
Group Limited and furnished to the Securities and Exchange Commission or its
staff upon request.
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  TransGlobal Assets Inc.
(the “Company”) on Form 10-Q for the quarter ended March 31, 2012 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), Kent A. Strickler, as Chief Executive Officer of the Company hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the
best of my knowledge, 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/ Kent     A.
    Strickler                                
|Name: Kent A. Strickler                                      
|Title:  Chief Executive Officer (Principal Executive Officer)
|Date: May 14, 2012                                           







This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended.
EXHIBIT 32.1

                                  CERTIFICATION
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report on Form 10-Q of Ads In Motion, Inc. (the
"Company") for the period ended November 30, 2008, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Edward F. Myers III,
as Chief Executive Officer of the Company, hereby certifies, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.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.


Date: 1/5/09                            By: /s/ Edward F. Myers III
                                           ------------------------------------
                                           Edward F. Myers III
                                           Chief Executive Officer

This certification accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 32





CERTIFICATION





Pursuant to 18 U.S.C. 1350


(Section 906 of the Sarbanes-Oxley Act of 2002)








In connection with the Annual Report on Form 10-Q of KollagenX Corp. (the “Company”) for the period ended June 30, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “Report”) I, Richard G. Stifel, as Chief Executive Officer and Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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.








Date: August 19, 2014

By: /s/ Richard G. StifelRichard G. StifelChief Executive OfficerChief Financial Officer








This certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit
99.15














CONSENT OF
GEOLOGIST








Ladies and
Gentlemen:





The undersigned hereby
consents to (1) the references to the undersigned’s name
included or incorporated by reference in the Annual Report on Form
40-F of Denison Mines Corp. in connection with the report entitled
“Technical Report with an Updated Mineral Resource Estimate
for the Waterbury Lake Property, Northern Saskatchewan” dated
December 21, 2018, and (2) all other references to the undersigned
included or incorporated by reference in the Annual Report on Form
40-F of Denison Mines Corp.











Dated: March 13,
2020








(Signed) “Allan
Armitage”


___________________________


Allan Armitage, Ph.D.,
P.Geo.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 345 Reported in Senate (RS)]

                                                       Calendar No. 555
106th CONGRESS
  2d Session
                                 S. 345

                          [Report No. 106-297]

 To amend the Animal Welfare Act to remove the limitation that permits 
  interstate movement of live birds, for the purpose of fighting, to 
               States in which animal fighting is lawful.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 3, 1999

 Mr. Allard (for himself, Mr. Smith of New Hampshire, Mr. Harkin, Mr. 
Santorum, Mr. McConnell, Mr. Kerry, Mr. Levin, Mrs. Boxer, Ms. Collins, 
 Mr. Kennedy, Mr. Schumer, Mrs. Feinstein, Mrs. Murray, Mr. Lieberman, 
    Mr. Akaka, Mr. Kyl, Mr. Durbin, Mr. Lautenberg, Mr. DeWine, Mr. 
     Jeffords, Mr. Dodd, Mr. Abraham, Mr. Sarbanes, Mr. Reid, Mr. 
 Fitzgerald, Mr. Leahy, Mr. Roth, Mr. Wellstone, Mr. Reed, Ms. Snowe, 
 Mr. Kohl, Mr. Moynihan, Mr. Feingold, Mr. Wyden, Mr. Grams, Mr. Byrd, 
Mr. Torricelli, Mr. Lugar, Mr. Rockefeller, Mrs. Mikulski, Mr. Daschle, 
Mr. Graham, Mr. Warner, Mr. Robb, Mr. Inouye, Mr. Bryan, Mr. Gregg, Mr. 
Johnson, and Mr. Edwards) introduced the following bill; which was read 
  twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

                              May 17, 2000

                Reported by Mr. Lugar, without amendment

_______________________________________________________________________

                                 A BILL

 
 To amend the Animal Welfare Act to remove the limitation that permits 
  interstate movement of live birds, for the purpose of fighting, to 
               States in which animal fighting is lawful.

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

SECTION 1. INTERSTATE MOVEMENT OF ANIMALS FOR ANIMAL FIGHTING.

    Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e) through (h) as 
        subsections (d) through (g), respectively.

                                                       Calendar No. 555

106th CONGRESS

  2d Session

                                 S. 345

                          [Report No. 106-297]

_______________________________________________________________________

                                 A BILL

 To amend the Animal Welfare Act to remove the limitation that permits 
  interstate movement of live birds, for the purpose of fighting, to 
               States in which animal fighting is lawful.

_______________________________________________________________________

                              May 17, 2000

                       Reported without amendment
```
Exhibit 32.2



                                  CERTIFICATION


      In connection with the Annual Report on Form 10-KSB of Image Innovations
Holdings Inc. (the "Company") for the period ended December 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Derick Sinclair, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, 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/ Derick Sinclair

Date:  April 15, 2005                  By:
                                           -------------------------------------
                                                Derick Sinclair
                                                Chief Financial Officer
ex10a.htm
















Exhibit (10)(a)

















Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm












We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in Post-Effective Amendment No. 52 to the 1933 Act Registration Statement (Form N-4 No. 333-18419) pertaining to Lincoln National Variable Annuity Account H, which is incorporated by reference into Post-Effective Amendment No. 53 to the 1933 Act Registration Statement (Form N-4 No. 333-18419) and Amendment No. 368 to the 1940 Act Registration Statement (Form N-4 No. 811-05721), and to the use therein of our reports dated (a) April 1, 2014, with respect to the consolidated financial statements of The Lincoln National Life Insurance Company and (b) April 1, 2014, with respect to the financial statements of Lincoln National Variable Annuity Account H for the registration of interests in a separate account under individual flexible payment deferred variable annuity contracts.




 


/s/ Ernst & Young LLP






Philadelphia, Pennsylvania


August 22, 2014
EXHIBIT 31.1RULE 13a-14(a)/15d-14(a) CERTIFICATIONS, Adopted Pursuant to Section 302 of the Sarbanes-Oxley Actof 2002I, Sheldon C. Fenton certify that:1. I have reviewed this annual report on Form 10-KSB of Veridien Corporation;2. Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this annual report;3. Based on my knowledge, the financial statements, and other financial information included inthis annual report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presented inthis annual report;4. The small business issuer’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e)and 15d-15(e)) for the small business issuer and have:a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe small business issuer, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this annual report is beingprepared;b) evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; andc) disclosed in this report any change in the small business issuer’s internal control overfinancial reporting that occurred during the small business issuer’s most recent fiscal quarter(the small business issuer’s fourth physical quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the small business issuer’sinternal control over financial reporting.5. The small business issuer’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of small business issuer’s board of directors (or personsperforming the equivalent functions):a) all significant deficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adversely affect the smallbusiness issuer’s ability to record, process, summarize and report financial information; andb) any fraud, whether or not material, that involves management or other employees who have asignificant role in the small business issuer’s internal control over financial reporting.       Date: March 30, 2006    /s/ Sheldon C. Fenton       Sheldon C. Fenton      Chief Executive Officer
#### Fjelstad, Administratrix, and another, Appellants, vs. Walsh and others, Respondents.

*November 10*

December *7, 1943.*

*298For the appellants there was a brief by *Otjen & Otjen*of Milwaukee, and *Hill, Beckwith & Harrington*of Madison, and oral argument by *D. V. W. Beckwith.*

For the respondents there was a brief by *Wilkie, Toebaas, Hart, Kraege & Jackman*of Madison, and oral argument by *Oscar T. Toebaas.*

Fowler, J.-

The action is by the personal representative of Joseph C. Fjelstad under the death-by-wrongful-act statute, sec. 331.03, Stats., to recover damages for the wrongful kill*299ing of the deceased through the negligent driving of a truck by an employee of the defendants Walsh & Steenberg. A jury was impaneled and the plaintiff administratrix presented her evidence in support of the complaint. At the close of the testimony the defendants moved for a directed verdict which was granted and judgment of dismissal was entered. The plaintiffs appeal.

The evidence adduced is sufficiently stated preceding the opinion. The appellants claim that upon that evidence the case was for the jury. The defendants contend that the evidence presents no jury question as to defendants’ negligence; that as matter of law the deceased was guilty of contributory negligence; and that if the defendants’ driver was negligent the deceased’s negligence was as matter of law as great or greater than the negligence of the defendants’ driver, and that under the comparative-negligence statute, sec. 331.045, the judgment of dismissal was in any view correct.

We are of opinion that the case was for the jury. Whether the defendant was causally negligent for not blowing his horn, whether in view of the distance between the two standing trucks and the position of the three men and their obvious absorption in their immediate work the defendants’ driver was causally negligent in guiding or not stopping his truck until the loading of the pipe was completed, and whether, in view of the fact that Webster did not see how the contact between the deceased and his truck occurred, Webster kept a proper lookout, were all jury questions. We are also of opinion, in view of the absorption of the deceased in his immediate task, that negligence is not to be presumed, and that the burden of proving the deceased’s contributory negligence was on the defendants, that question also was for the jury *(Dinan v. Chicago & M. E. R. Co.*164 Wis. 295, 159 N. W. 944), as was that of comparative negligence if the defendants were found negligent.

*300We are aware of the rule relied on by the defendants’ counsel that we cannot overrule a trial court in granting a directed verdict unless its ruling was clearly erroneous. The ruling seems to us clearly erroneous.

*By the Court.*— The judgment of the circuit court is reversed and a new trial ordered.