alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Notices]
[Pages 28045-28046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13862]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-8594-3]


Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information (202) 564-1399 or http://www.epa.gov/compliance/nepa/.
Weekly receipt of Environmental Impact Statements
Filed 06/01/2009 Through 06/05/2009
Pursuant to 40 CFR 1506.9
EIS No. 20090183, Final EIS, NRC, PA, Generic--License Renewal of 
Nuclear Plants, Supplement 36 to NUREG-1437, Regarding Beaver Valley 
Power Station, Units 1 and 2, Plant-Specific, Issuing Nuclear Power 
Plant Operating License for an Additional 20-Year Period, PA, Wait 
Period Ends:

[[Page 28046]]

07/13/2009, Contact: Emmanuel Sayoc 301-415-2989
EIS No. 20090184, Final EIS, DOA, ID, Lakeview-Reeder Fuels Reduction 
Project, Proposed Fuels Reduction and Road Treatment Activities, Idaho 
Panhandle National Forests, Priest Lake Ranger District, Bonner County, 
ID, Wait Period Ends: 07/13/2009, Contact: David Cobb 208-443-6854
EIS No. 20090185, Final EIS, COE, 00, Programmatic--Oyster Restoration 
in Chesapeake Bay Including the Use of a Native and/or Nonnative 
Oyster, Implementation, Chesapeake Bay, MD and VA, Wait Period Ends: 
07/13/2009, Contact: Craig Seltzer 757-201-7390
EIS No. 20090186, Final EIS, FRC, CA, South Feather Power Project, 
(Project No. 2099-068), Application to Relicense its 104-megawatt, 
South Fork Feather River, Lost Creek and Slate Creek, Butte, Yuba, and 
Plumas Counties, CA, Wait Period Ends: 07/13/2009, Contact: John Mudre 
202-502-8902
EIS No. 20090187, Final EIS, CDG, 00, Programmatic--Future of the U.S. 
Coast Guard Long Range Aids to Navigation (LORAN-C) Program, 
Implementation,, Wait Period Ends: 07/13/2009, Contact: CDR Bob I. 
Feigenblatt 202-372-1558

    Dated: June 9, 2009.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. E9-13862 Filed 6-11-09; 8:45 am]
BILLING CODE 6560-50-P
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17 -1036V Filed: April 24, 2018

UNPUBLISHED

STEPHANIE C. SAVAGE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU) ; Rul ing on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner. Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey

, Chief Special Master:

On August 1, 2017, petitioner 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 she suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on January 16, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 24, 2018

, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, respondent states that the Division of Injury Compensation Programs,

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends 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). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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

eas e of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Department of Hea lth and Human Services (“DICP”) “ has reviewed the facts of this case and concluded that petitioner’s claim meets the Table criteria for SIRVA.” Id. at 4. Respondent further agrees that “ the records show that the case was timely filed, that the vaccine was received in the United States, and that petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for

more than six months after vaccine administration. ” Id. at 5.

In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey
Nora Beth Dorsey Chief Special Master
Exhibit 21


                               Subsidiaries
                                  of the
                                Registrants



Subsidiaries of Atlantic Energy, Inc.:

                              State of              Date of
Company Name                Incorporation        Incorporation
     
Atlantic City Electric 
Company                       New Jersey             4/28/24

Atlantic Energy 
International, Inc.           Delaware               7/6/96

Atlantic Energy
Enterprises, Inc.             New Jersey             1/3/95




Subsidiaries of Atlantic City Electric Company: 

                              State of              Date of
Company Name                Incorporation        Incorporation

Deepwater Operating 
Company                        New Jersey            12/17/29


Atlantic Capital I             Delaware               6/20/96
(Grantor Trust)
#### MUELLER v. RHODE ISLAND INS. CO.

United States District Court S. D. New York.

Aug. 27, 1953.

Stapleton, Flynn & Lilly, New York City, for plaintiff.

Enrico Sanfilippo, New York City, for defendant.

*55WEINFELD, District Judge.

The first affirmative defense pleaded to each cause of action, (Paragraphs “Forty-first” through “Fiftieth”, “Sixty-fourth” through “Seventy-third”, “Seventy-eighth” through “Eighty-seventh”, and “One Hundred First” through “One Hundred Tenth”) contains much evidential matter alleging that such loss, if any, as was sustained by plaintiff’s assignor occurred following the termination of the contract of insurance and accordingly denies liability. This is not a matter of affirmative defense under Rule 8(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The general denial previously pleaded in Paragraphs “Seventh”, “Seventeenth”, “Twenty-seventh” and “Thirty-seventh” of the complaint is sufficient to raise the issue of coverage. The various allegations contained in the first affirmative defense to each cause of action are stricken.

As to the second affirmative defense, here the pleader, in more paragraphs than required, alleges fraud in the issuance of the endorsement following the termination of the original contract of insurance. The elements of a fraud claim have been itemized with evidential detail. Further, the striking of the allegations of the first defense, some of which have been incorporated in the second defense, require repleading of the latter with respect to each cause of action. The motion to strike is granted with leave to replead.

The third defense appears to plead a failure of consideration and must be affirmatively pleaded under Rule 8 (c). However, since this defense incorporates allegations of the prior defenses defendant will be required to replead and in so doing omit unnecessary allegations.

The fourth defense appears to plead waiver under the contract of insurance required under Rule 8(c). In this instance too there is unnecessary incorporation of allegations in prior defenses and defendant will be required to re-plead.

In answering this simple action upon four certificates of insurance the defendant is reminded of Rule 8(b), requiring it to “state in short and plain terms [its] defenses to each claim asserted.”

The plaintiff’s motion is granted as indicated herein. The motion for extension to answer the notice served pursuant to Rule 36 is granted by consent as indicated upon the argument of the motions.

Settle order on notice.
[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Notices]
[Page 28105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13797]



[[Page 28105]]

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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Notice Improvement 
Issue Committee; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to a notice of an open meeting.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to a notice of an open 
meeting of the Taxpayer Advocacy Panel Notice Improvement Issue 
Committee, that was published in the Federal Register on Tuesday, June 
2, 2009 (74 FR 26483). The Taxpayer Advocacy Panel is soliciting public 
comments, ideas, and suggestions on improving customer service at the 
Internal Revenue Service.

FOR FURTHER INFORMATION CONTACT: Sallie Chavez, 1-888-912-1227, or 954-
423-7979 (not a toll free number).

SUPPLEMENTARY INFORMATION:

Background

    The notice of an open meeting that is the subject of this 
correction is hereby given pursuant to section 10(a)(2) of the Federal 
Advisory Committee Act, 5 U.S.C. App. (1988).

Need for Correction

    As published, the notice of an open meeting of the Taxpayer 
Advocacy Panel Notice Improvement Issue Committee contains an error 
that may prove to be misleading and is in need of clarification.

Correction of Publication

    Accordingly, the notice of an open meeting of the Taxpayer Advocacy 
Panel Notice Improvement Issue Committee, that was the subject of FR 
Doc. E9-12764, is corrected as follows:
    On Page 36483, column 2, under the caption SUPPLEMENTARY 
INFORMATION, line 9, the language ``and Friday 8 a.m. to 3 p.m. Central 
Time'' is corrected to read ``and Friday 8 a.m. to 3 p.m. Eastern 
Time.''

LaNita VanDyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, Procedure and Administration.
[FR Doc. E9-13797 Filed 6-11-09; 8:45 am]
BILLING CODE 4830-01-P
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 338 Referred in House (RFH)]

111th CONGRESS
  1st Session
                                 S. 338

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2009

             Referred to the Committee on Natural Resources

_______________________________________________________________________

                                 AN ACT

 
 To amend the Omnibus Indian Advancement Act to modify the date as of 
  which certain tribal land of the Lytton Rancheria of California is 
 deemed to be held in trust and to provide for the conduct of certain 
                        activities on the land.

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

SECTION 1. LYTTON RANCHERIA OF CALIFORNIA.

    Section 819 of the Omnibus Indian Advancement Act (Public Law 106-
568; 114 Stat. 2919) is amended--
            (1) in the first sentence, by striking ``Notwithstanding'' 
        and inserting the following:
    ``(a) Acceptance of Land.--Notwithstanding'';
            (2) in the second sentence, by striking ``The Secretary'' 
        and inserting the following:
    ``(b) Declaration.--The Secretary''; and
            (3) by striking the third sentence and inserting the 
        following:
    ``(c) Treatment of Land for Purposes of Class II Gaming.--
            ``(1) In general.--Subject to paragraph (2), 
        notwithstanding any other provision of law, the Lytton 
        Rancheria of California may conduct activities for class II 
        gaming (as defined in section 4 of the Indian Gaming Regulatory 
        Act (25 U.S.C. 2703)) on the land taken into trust under this 
        section.
            ``(2) Requirement.--The Lytton Rancheria of California 
        shall not expand the exterior physical measurements of any 
        facility on the Lytton Rancheria in use for class II gaming 
        activities on the date of enactment of this paragraph.
    ``(d) Treatment of Land for Purposes of Class III Gaming.--
Notwithstanding subsection (a), for purposes of class III gaming (as 
defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 
2703)), the land taken into trust under this section shall be treated, 
for purposes of section 20 of the Indian Gaming Regulatory Act (25 
U.S.C. 2719), as if the land was acquired on October 9, 2003, the date 
on which the Secretary took the land into trust.''.

            Passed the Senate March 12, 2009.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.
```
Ne

NATIONAL INDIAN GAMING COMMISSION a
)
)
IN THE MATTER OF )
) Ref. No. NOV-99-03
SEMINOLE NATION OF )
OKLAHOMA )
) May 14, 1999
)
Decision of th ional Indian Gamin: mmission

Appeal to the National Indian Gaming Commission (“Commission”) of a Notice of
Violation (“NOV”) issued to the Seminole Nation of Oklahoma (“Nation”) on March 2, 1999.
The Nation appealed the NOV on April 6, 1999.

The Chairman of Commission issued the NOV to the Nation for failure to conduct
background investigations on primary management officials and key employees and to submit
employee application, investigative reports and suitability determinations to the Commission in
violation of the Indian Gaming Regulatory Act, the Commission’s regulations, and the Nation’s
gaming ordinance. NOV at 2. By letter of April 6, 1999, the Nation asked the Chairman for an
extension of time to respond to the NOV and to waive the 30 days time limitation to appeal the
NOV. The letter also stated that should the Chairman deny the request, the letter serves as the
Nation’s Notice of Appeal. On April 20, 1999, the Chairman denied the request and the April 6,
1999, letter serves as the Nation’s Notice of Appeal.

A Respondent to a NOV issued by the Chairman must submit a Notice of Appeal within
30 days after service. 25 C.F.R. § 577.3(a). If service is made by mail or facsimile, service is
complete upon transmittal. 25 C.F.R. § 577.6(b). The record indicates that the Chairman mailed
the NOV to the Nation on March 2, 1999, by certified mail. The Nation did not file its Notice of
Appeal until April 6, 1999, and therefore, the Nation failed to file a timely appeal. The Nation’s
appeal is denied and the Chairman’s decision is final.

Montie R. Deer
Chair an

¢
oF 7

Philip Xv Hogen é
mmissioner
97-91.

#### Kline v. Ironton City Council.

In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
II 

111TH CONGRESS 

1ST SESSION S. 2671 

To suspend temporarily the duty on [(+/¥)-2-(2,4-dichlrophenyl)-3-(1H1,2,4-triazole-1-yl) propyl, 1,1,2,2-tetrafluoroethyl ether]. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2009 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To suspend temporarily the duty on [(+/¥)-2-(2,4- 

dichlrophenyl)-3-(1H-1,2,4-triazole-1-yl) propyl, 1,1,2,2- 

tetrafluoroethyl ether]. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. [(+/Ø)-2-(2,4-DICHLROPHENYL)-3-(1H-1,2,4-TRI4 AZOLE-1-YL) PROPYL, 1,1,2,2- 

5 TETRAFLUOROETHYL ETHER]. 

6 (a) IN GENERAL.—Subchapter II of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by inserting in numerical sequence the following 

9 new heading: 


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2 

•S 2671 IS

‘‘ 9902.01.00 [(+/¥)-2-(2,4- 

dichlrophenyl)-3-(1H-1,2,4- 

triazole-1-yl) propyl, 1,1,2,2- 

tetrafluoroethyl ether] (CAS 

No. 112281–77–3) (provided 

for in subheading 

2933.99.22) ........................... Free No change No change On or before 

12/31/2011 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


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#### Sandra J. ROBERTS, Petitioner, v. DEPARTMENT OF COMMERCE, Respondent.

No. 2006-3356.

United States Court of Appeals, Federal Circuit.

Oct. 18, 2006.

Sandra J. Roberts, pro se.

ORDER

Petitioner having filed the required Statement Concerning Discrimination, it is,

ORDERED that the order of dismissal and the mandate be, and the same hereby are, VACATED and RECALLED, and the petition for review is REINSTATED.

Petitioner’s brief is due within 21 days from the date of filing of this order.
II 

111TH CONGRESS 

2D SESSION S. 3159 

To amend Public Law 101–377 to revise the boundaries of the Gettysburg 

National Military Park to include the Gettysburg Train Station, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 24, 2010 

Mr. SPECTER (for himself and Mr. CASEY) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To amend Public Law 101–377 to revise the boundaries 

of the Gettysburg National Military Park to include the 

Gettysburg Train Station, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gettysburg National 

5 Military Park Expansion Act of 2010’’. 

6 SEC. 2. GETTYSBURG NATIONAL MILITARY PARK EXPAN7 SION. 

8 (a) GETTYSBURG NATIONAL MILITARY PARK

9 BOUNDARY REVISION.—Section 1 of Public Law 101–377 

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2 

•S 3159 IS

1 (16 U.S.C. 430g–4) is amended by adding at the end the 

2 following: 

3 ‘‘(d) ADDITIONAL LAND.—In addition to the land de4 scribed in subsections (a) and (b), the park shall include— 

5 ‘‘(1) the property commonly known as the ‘Get6 tysburg Train Station’ (including land located in 

7 close proximity to the Gettysburg Train Station) 

8 that is— 

9 ‘‘(A) located in the Borough of Gettysburg; 

10 and 

11 ‘‘(B) depicted on the map entitled ‘Gettys12 burg National Military Park, Proposed Bound13 ary’, numbered 305/80,045, and dated Sep14 tember 2008; and 

15 ‘‘(2) the property that is— 

16 ‘‘(A) located adjacent to Plum Run in 

17 Cumberland Township; and 

18 ‘‘(B) depicted on the map entitled ‘Gettys19 burg National Military Park, Proposed Bound20 ary Addition’, numbered 305/80,046, and dated 

21 February 2009.’’. 

22 (b) ACQUISITION AND DISPOSAL OF LAND.—Section 

23 2(a) of Public Law 101–377 (16 U.S.C. 430g–5(a)) is 

24 amended— 

mstockstill on DSKH9S0YB1PROD with BILLS

3 

•S 3159 IS

1 (1) by striking ‘‘The Secretary’’ and inserting 

2 the following: 

3 ‘‘(1) IN GENERAL.—The Secretary’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(2) ACQUISITION OF PUBLICLY OWNED

6 LAND.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), the Secretary may acquire only by 

9 purchase from a willing seller publicly owned 

10 property that is located within the property de11 scribed in section 1(d)(1) if the Secretary deter12 mines that efforts to acquire the property with13 out cost have been exhausted. 

14 ‘‘(B) EMINENT DOMAIN.—The Secretary 

15 may not acquire by eminent domain property 

16 that is located within the property described in 

17 section 1(d)(1).’’. 

Æ 

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<PAGE>
                      AMENDMENT TO ROYALTY AGREEMENT

     This is Amendment No. 1 to the Royalty Agreement dated November 7,
1986 ("Royalty Agreement") by and between VIRAGEN, INC., a Delaware
corporation ("Viragen") and MEDICORE, INC., a Florida corporation
("Medicore").

                              R E C I T A L S
                              - - - - - - - -

     WHEREAS, the parties hereto have entered into the Royalty Agreement
in 1986; and

     WHEREAS, the Board of Directors of Viragen and Medicore have
authorized amending the Royalty Agreement.

     NOW, THEREFORE, in consideration of the elimination of indebtedness
of Viragen to Medicore and of the promises and covenants set forth herein
and for other good and valuable consideration, Viragen and Medicore agree
as follows:

1.   Article II - Payments and Royalties is hereby modified as follows:

     a)   The Royalty in Section 2. 01 (a) is increased from Ten (10%)
Percent to Twelve (12%) Percent;

     b)   The Royalty in Section 2.01 (b) is increased from Five (5%)
Percent to Seven (7%) Percent; and

     c)   Section 2.05 is rescinded.

2.   Article III - Term is hereby extended five years as per Section 3.01
from ten years ending November 6, 1996, to fifteen years from the date of
the Royalty Agreement to November 6, 2001; provided this modification does
not otherwise alter the additional extensions as set forth in Section 3.01.

3.   All other terms, conditions and provisions of the Royalty Agreement,
other than the amendments and modifications provided for herein, shall
continue in full force and effect.

     IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 1 to the Royalty Agreement this 21st day of November, 1989.

                                MEDICORE, INC.

                                By /s/ Thomas K. Langbein
                                  -------------------------------
                                  THOMAS K. LANGBEIN, President

                                VIRAGEN, INC.

                                By /s/ Dennis W. Healey
                                  --------------------------------
                                  DENNIS W. HEALEY, President