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

OFFICE OF SPECIAL MASTERS

No. 19

- 1099 V

UNPUBLISHED

ANTHONY NORMAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 13, 2021

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine

Administration (SIRVA)

Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI , for petitioner.

Claudia Barnes Gangi

, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On July 30, 2019

, Anthony Norman filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 (the

“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result o f a n influenza ( “ flu ” ) vaccine administered on

January 2 5, 2018 . Petit ion at 1 . The case was assigned to the Special Processing Unit of

the Office of Special Masters.

On January 11, 2021

, R espondent filed his Rule 4(c) report in which he concedes

that P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at

1. Specifically, R espondent state s that “ [P]etitioner ’ s claim meets the Table criteria for

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required

to post it on the United States Court of Federal Claims' website in accordance with the E

- Government Act

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government

Services). This means the ruling will be available to anyone with access to the internet. In accordance

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that

the identified material fits within this definition, I will redact such material from public access.

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

- 660, 100 Stat. 3755

. Hereinafter, for ease

of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa

(2012 ).2

SIRVA ” and concludes that “ [P]etitioner is entitled to a presumption of vaccine causation. ”

Id. at 6

.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This amended schedule contains summary financial information from the nine
months ended May 31, 1996, financial statements and is qualified in its entirety
by reference to the 10-Q filing for the nine months ended May 31, 1996. EPS
amounts are in accordance with SFAS 128.
</LEGEND>
<RESTATED>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          AUG-31-1996
<PERIOD-START>                             SEP-01-1995
<PERIOD-END>                               MAY-31-1996
<CASH>                                       4,318,358
<SECURITIES>                                         0
<RECEIVABLES>                               15,424,759
<ALLOWANCES>                                 1,998,552
<INVENTORY>                                          0
<CURRENT-ASSETS>                            20,817,032
<PP&E>                                       2,609,891
<DEPRECIATION>                               1,334,604
<TOTAL-ASSETS>                              40,871,678
<CURRENT-LIABILITIES>                       12,878,504
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        66,863
<OTHER-SE>                                  22,960,223
<TOTAL-LIABILITY-AND-EQUITY>                40,871,086
<SALES>                                              0
<TOTAL-REVENUES>                            71,235,209
<CGS>                                                0
<TOTAL-COSTS>                               61,881,185
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                             1,027,083
<INTEREST-EXPENSE>                             306,007
<INCOME-PRETAX>                              8,247,569
<INCOME-TAX>                                 3,332,277
<INCOME-CONTINUING>                          4,915,292
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,915,292
<EPS-PRIMARY>                                      .76
<EPS-DILUTED>                                      .66
        

</TABLE>
<PAGE> 1

                                                               EXHIBIT NO. 23




                         Independent Auditors' Consent
                         -----------------------------

The Board of Directors
Mercantile Bancorporation Inc.:

We consent to the incorporation by reference in the Registration Statements
No. 2-78395, No. 33-15265, No. 33-33870, No. 33-35139, No. 33-43694, No.
33-48952 and No. 33-57543, each on Form S-8, and No. 33-45863, No. 33-50981,
No. 33-55439, No. 33-52986, No. 33-50579, No. 33-56603, No. 33-58467 and No.
33-63609, each on Form S-4, of Mercantile Bancorporation Inc., of our report
dated January 11, 1996, relating to the consolidated balance sheets of
Mercantile Bancorporation Inc. and subsidiaries as of December 31, 1995, 1994,
and 1993, and the related consolidated statements of income, changes in
shareholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 1995, which report appears in the December 31, 1995
Annual Report on Form 10-K of Mercantile Bancorporation Inc.




                                  s/KPMG Peat Marwick LLP
                                  -----------------------




St. Louis, Missouri
March 7, 1996
1 The Honorable Susan Webber Wright, Chief Judge, United States District

Courtfor the Eastern District of Arkansas, adopting the report and recommendations of the Honorable John F. Forster, United States Magistrate Judge for the Eastern District of Arkansas.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-2354

___________ Lenzy McCullough, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. M. D. Reed, Arkansas Department of * Correction, * [UNPUBLISHED] * Appellee. *

___________ Submitted: April 7, 1999 Filed: April 12, 1999

___________ Before RICHARD S. ARNOLD, WOLLMAN, and BEAM, Circuit Judges.

___________ PER CURIAM. Arkansas inmate Lenzy McCullough appeals from the district court & s 1 dismissal of his 42 U.S.C. § 1983 suit against M. D. Reed, Warden at the Cummins Unit of the Ark ansas Department of Correction. McCullough alleged that he was exposed to asbestos when a maintenance crew cut into concrete in his barracks, and he claimed2–

that Reed was deliberately indifferent to his health and safety. Having carefully reviewedthe record and the parties’ briefs, we conclude that the district court properly dismissed the complaint because McCullough failed to allege facts from which an inference could be drawn that Reed knew McCullough was at risk of being exposed to asbestos dust. See Prater v. Dahm , 89 F.3d 538, 541 (8th Cir. 1996) (correctional officers entitled to dismissal because inmate alleged no facts supporting inference that they actually knew of risk to inmate). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3979 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 3979

    To exempt the natural aging process in the determination of the 
   production period for distilled spirits under section 263A of the 
                     Internal Revenue Code of 1986.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2004

Mr. Lewis of Kentucky introduced the following bill; which was referred 
                   to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To exempt the natural aging process in the determination of the 
   production period for distilled spirits under section 263A of the 
                     Internal Revenue Code of 1986.

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

SECTION 1. EXEMPTION OF NATURAL AGING PROCESS IN DETERMINATION OF 
              PRODUCTION PERIOD FOR DISTILLED SPIRITS UNDER SECTION 
              263A.

    (a) In General.--Section 263A(f) of the Internal Revenue Code of 
1986 (relating to general exceptions) is amended by adding at the end 
the following new paragraph:
            ``(5) Exemption of natural aging process in determination 
        of production period for distilled spirits.--For purposes of 
        this subsection, the production period for distilled spirits 
        shall be determined without regard to any period allocated to 
        the natural aging process.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to production periods beginning after the date of the enactment of this 
Act.
                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on Wednesday, November 19, 2014 at 4:00 p.m.

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present.

The General Counsel of the Commission, or her designee, has certified that, in her opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matter at the Closed Meeting.

Commissioner Gallagher, as duty officer, voted to consider the items listed for the Closed Meeting in closed session, and determined that no earlier notice thereof was possible.

The subject matter of the Closed Meeting will be:

Other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at (202) 551-5400.

Dated: November 19, 2014.

Brent J. Fields, 

Secretary.

[FR Doc. 2014-27800 Filed 11-19-14; 4:15 pm]

BILLING CODE 8011-01-P
Amendment No. 2 to the Hibernia Corporation Executive Bonus Insurance Plan



 Exhibit 10.92 
  
 HIBERNIA CORPORATION 
 EXECUTIVE BONUS INSURANCE PLAN 
 AMENDMENT NO. 2 
  
 THIS AMENDMENT NO. 2 (the “Amendment”) to the Hibernia Corporation
Executive Bonus Insurance Plan (the “Plan”) is made as of the 26th day of October 2005. 
  
 WHEREAS, Hibernia Corporation, a Corporation organized and existing under the laws of the State of Louisiana (the “Company”), maintains the
Plan, which was adopted by the Board of Directors of the Company (the “Board”); and 
  
 WHEREAS, under the terms of the Plan, the Executive Compensation Committee of the Board (the “Committee”) and/or the Board has the authority to amend the Plan prior to the consummation of a Change of Control
(as defined in the Plan); and 
  
 WHEREAS, the Committee adopted
the following amendments to the Plan on October 25, 2005, and the Board approved the following amendments to the Plan on October 26, 2005; 
  
 NOW, THEREFORE, in consideration of the premises set forth above, and effective as of the date first above written, the Plan shall be and hereby is
amended as follows: 
  
 1. Section 5.2 of the Plan is hereby
amended by deleting subpart (ii) of the second sentence of Section 5.2 and substituting the following in its place: 
  
 (ii) no termination or amendment shall change the Bonus Payments to which a Participant who retires or becomes disabled prior to
December 31, 2006 is entitled under Section 4.2 or 4.3 of the Plan as those Sections existed as of the date of this amendment. 
  
 2. On and after the date hereof, each reference in the Plan to “this Plan,” “hereunder,” “herein” or words of like import
shall mean and be a reference to the Plan as amended hereby. 
  
 IN WITNESS WHEREOF, the Committee has caused this Amendment No. 1 to be executed as of the month, day and year first above written. 
  

			
	HIBERNIA CORPORATION
		
	By:	 	 /s/ J. Herbert Boydstun


	 	 	J. Herbert Boydstun
	 	 	President and Chief Executive Officer
<PAGE>   1
                                                               EXHIBIT 23.4


                       CONSENT OF INDEPENDENT ACCOUNTANTS

          We consent to the inclusion in this registration statement on Form S-1
(File No. 333-48819, Amendment No. 5) of our report dated February 8, 1997, on
our audits of the consolidated financial statements of Benchmark Communications
Radio Limited Partnership. We also consent to the reference to our firm under
the caption "Experts".


                                            COOPERS & LYBRAND L.L.P.

Dallas, Texas
May 22, 1998
EXHIBIT 32.1 Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)   I, Joel Dupré, Chief Executive Officer of Cordia Corporation (the "Registrant") do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, based upon a review of the Form 10-Q/A for the period March 31, 2007 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the "Report"):  (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  By: /s/ Joel Dupré Joel Dupré Chief Executive Officer  June 12, 2008  * A signed original of this written statement required by Section 906 has been provided to Cordia Corporation and will be retained by Cordia Corporation and furnished to the Securities Exchange Commission or its staff upon request.
www.nist.gov/osac

OSAC Registry Approved Standards 

FY 2017

The Organization of Scientific Area Committees (OSAC) for Forensic Science Registry 

serves as a trusted repository of high-quality, science-based standards and guidelines 

that address discipline-specific forensic science needs. Documents posted on the 

OSAC Registry have been developed using a consensus-based process that allows 

participation and comment from all relevant stakeholders and have been assessed to 

be sound by forensic science practitioners, academic researchers, measurement 

scientists and statisticians. 

The following eight documents were effective on the OSAC Registry at the end of

fiscal year 2017 (ending September 30, 2017):

Fire and Explosion Investigation

• NFPA 1033:2014 Standard for Professional Qualifications for Fire Investigator (effective December 22, 

2016).

• NFPA 921 Guide for Fire and Explosion Investigation, 2014 Edition (effective September 20, 2016).

Materials (Trace)

• ASTM E2926-17 Standard Test Method for Forensic Comparison of Glass Using Micro X-ray 

Fluorescence (μ-XRF) Spectrometry (effective July 31, 2017).

Seized Drugs

• ASTM E2548-11e1 Standard Guide for Sampling Seized Drugs for Qualitative and Quantitative 

Analysis (effective April 3, 2017).

• ASTM E2329-14 Standard Practice for Identification of Seized Drugs (effective January 27, 2016).

Interdisciplinary

• ANSI/NIST ITL-1:2011 (Update 2013) Data Format for the Interchange of Fingerprint, Facial & Other 

Biometric Information (effective July 13, 2017).

• ISO/IEC 17020:2012 Conformity Assessment – Requirements for the Operation of Various Types of 

Bodies Performing Inspection (effective April 18, 2017).

• ISO/IEC 17025:2005 General Requirements for the Competence of Testing and Calibration Laboratories

(effective September 27, 2016).
## In t he Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 23

- 00119

- CR

SANTIGIE FULLAH KABIA , Appellant

V. THE STATE OF TEXAS , Appellee

On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 20F1411

- 102

Before Stevens , C.J., van Cleef and Rambin , JJ. Memorandum Opinion by Chief Justice Stevens2 

### ME MORANDUM OPINION
S antigie Fullah Kabia challenges h is conviction for theft on the ground that h is two

- year sentence of confinement should run concurrent ly, instead of consecutively, to the sentences impose d in h is three other companion cases. 1
We address ed this issue in detail in Kabia’s companion case in cause number 06

- 23

- 00118

- CR. For the reasons stated therein, we sustain Kabia’s point of error he re . We also note that the judgment in this case includes two minor clerical errors also discussed in our main opinion in 06

- 23

- 00118

- CR.
Bas ed on our analysis in the main opinion, w e modify the trial court’s judgment in this

case (1) to reflect tha t Ka bia’s sentence should run concurrently to h is other companion cases, (2) to show that Kabia pled “ not true ” to the State’s revocation motion, (3 ) to delete references to deferred adjudication community supervision, and (4) to read , “ T he t rial court previou s ly adjudicated guilt and assessed community supervision

. S ub sequently, the State filed a motion to revoke community supervision.” As modified, w e affirm the trial court’s judgment.

Scott E. Stevens Chief Justic e Date Submit ted: J anuary 1 1, 202 4 Date Decided: February 6 , 2024 Do Not Publish

1 In companion cases 06

- 23

- 0011 8

- CR and 06

- 23

- 00120

- CR, Kabia appeals two other convictions for theft. In companion case 06

- 23

- 00121

- CR, Kabia appeals a conviction f or eva ding arrest.
<PAGE>   1
                                                                   Exhibit 23(b)


INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in the registration statements of
MAPCO Inc. and Williams Holdings of Delaware, Inc. shown below of our report
dated January 27, 1998 (March 3, 1998, as to Notes 2 and 16 to the MAPCO Inc.
consolidated financial statements) with respect to the consolidated financial
statements of MAPCO Inc., which report includes explanatory paragraphs relating
to certain litigation to which MAPCO Inc. is a defendant and the change in its
method of accounting for business process reengineering activities to conform to
the consensus reached by the Emerging Issues Task Force in Issue No. 97-13,
appearing in this Current Report of Williams Holdings of Delaware, Inc. on Form
8-K.

MAPCO Inc. Registration Statements

Form S-3       Registration No. 33-34044
               Registration No. 333-20837

Williams Holdings of Delaware, Inc. Registration Statements

Form S-3:      Registration No. 33-63495
               Registration No. 333-20927
               Registration No. 333-24683
               Registration No. 333-35097



Deloitte & Touche LLP
Tulsa, Oklahoma
April 27, 1998
Amended and Restated Rights Agreement



EXECUTION COPY





AMENDMENT NO. 2 


TO 


AMENDED AND RESTATED
RIGHTS AGREEMENT 


          THIS
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED RIGHTS AGREEMENT (this
“Amendment”) is entered into as of November 14, 2005, between First Midwest
Bancorp, Inc., a Delaware corporation (the “Company”), and First Midwest Bank,
as rights agent (following the merger of First Midwest Trust Company into First
Midwest Bank) (the “Rights Agent”). This Amendment modifies and
amends the Amended and Restated Rights Agreement, dated as of November 15, 1995 and as
amended on June 18, 1997, between the Company and the Rights Agent (the “Rights
Agreement”). 


W I T N E S S E T H: 


          WHEREAS,
Section 5.4 of the Rights Agreement provides that prior to the Separation Time, the
Company may, at any time or from time to time, supplement or amend the Rights Agreement in
any respect without the approval of any holders of Rights; and 


          WHEREAS,
as of the date hereof, the Separation Time has not occurred; and 


          WHEREAS, the
Board of Directors of the Company has adopted, in accordance with Sections 5.4 and 5.14 of
the Rights Agreement, a resolution approving this Amendment and directing the appropriate
officers of the Company to take all appropriate steps to execute, deliver, and put into
effect this Amendment. 


          NOW,
THEREFORE, in consideration of the premises and mutual agreements herein set forth, the
parties hereby agree as follows: 


     	1. 	
          AMENDMENT OF DEFINITION OF “EXERCISE PRICE.” The definition of
          “Exercise Price” as set forth in Section 1.1 of the Rights Agreement
          is amended by replacing the number “$100” with the number
          “$150.” 



          


     	2. 	
          AMENDMENT OF DEFINITION OF “EXPIRATION TIME.” The definition of
          “Expiration Time” as set forth in Section 1.1 of the Rights Agreement
          is amended by replacing the date “November 15, 2005” in subparagraph
          (iii) with the date “November 15, 2015.” 



          


     	3. 	
          AMENDMENT OF SECTION 5.9. The Company’s address in Section 5.9 of the
          Rights Agreement is hereby amended to read 1 Pierce Place, Suite 1500, Itasca,
          Illinois 60143. 



          


     	4. 	
          EFFECTIVENESS. This Amendment shall be deemed to be in force and effective
          immediately upon execution and delivery hereof. Except as amended hereby, the
          Rights Agreement shall remain in full force and effect and shall be otherwise
          unaffected hereby. 



          






        IN
WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of
this day and year first above written. 


	  	FIRST MIDWEST BANCORP, INC.  



	   	By:  	     /s/ JOHN O'MEARA 
	   	   	
 
	   	   	Its President and Chief Executive Officer






	FIRST MIDWEST BANK  

	 
	By:  	     /s/ TERRY A BEAUDRY 	 
	   	
 	 
	  	Its duly authorized officer