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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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06/11/2007
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CERTFD QUEST-US CT APL CIR11
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Hon. Thomas K. Kahn, Clerk BY: Hon. Thomas K. Kahn, Clerk
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W/10 COPIES OF USCA OPINION
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06/11/2007
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RECORD/TRANSCRIPT
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Hon. Thomas K. Kahn, Clerk BY: Hon. Thomas K. Kahn, Clerk
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1 VOLUME BRIEFS & 3 VOLUMES RECORD
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06/11/2007
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MISC. DOCKET ENTRY
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by Hon. Thomas K. Kahn, Clerk - USCA PUBLIC DOCKET INFORMATION
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06/12/2007
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight copies of all pleadings filed with this Court. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. A copy of AOSC04-84 is attached.
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06/20/2007
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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AA Tami Lyn Azorsky BY: AA Tami Lyn Azorsky
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FOR TAMI LYN AZORSKY (O&8) & E-MAIL; 06/27/2007; REQ'D AMEND CERT OF SERVICE; 07/03/2007: AMD CERT SERVICE FILED.
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06/25/2007
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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AA United States Of America USA BY: AA Dexter A. Lee 936693
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O&8 (& E-MAIL)
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06/25/2007
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MOTION-OTHER SUBSTANTIVE
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AA United States Of America USA BY: AA Dexter A. Lee 936693
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FILED AS "DEFENDANT-APPELLANT'S UNOPPOSED MOTION TO WAIVE CERTAIN RULES AND REQUIREMENTS" (O&8); REQ'D E-MAIL
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06/27/2007
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant, the United States of America's motion for extension of time is granted and said appellant is allowed to and including August 1, 2007, in which to serve the initial brief on the merits.
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07/03/2007
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CERTIFICATE OF SERVICE (AMD)
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AA Battelle Memorial Institute BY: AA Martin B. Woods (FOR MOT/APPR PRO HAC VICE (FOR TAMI LYN AZORSKY) ; 07/11/2007: 8 COPIES FILED ( & E-MAIL)
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07/03/2007
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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AA Battelle Memorial Institute BY: AA Martin B. Woods
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O&1 (& E-MAIL); 07/11/2007: 8 COPIES FILED
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07/03/2007
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant, Battelle Memorial Institute's motion for extension of time is granted and appellant is allowed to and including August 1, 2007, in which to serve the initial brief on the merits.
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07/05/2007
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Filing Fee $300
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2007 - 1006752 Amount: $150
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Appellees - 1/2 Filing Fee
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07/05/2007
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LETTER
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AE Maureen Stevens BY: AE Philip M. Burlington 285862
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DATED 07/3/2007 W/ENCLOSED CHECK #2045 FOR $150.00 AS 1/2 PAYMENT
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07/11/2007
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LETTER
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AA Battelle Memorial Institute BY: AA Martin B. Woods
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DATED 07/09/2007 W/ENCLOSED 8 COPIES OF APLT'S MOT/EXT OF TIME TO FILE BRIEF AND AMENDED CERT.OF SERVICE.
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07/27/2007
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Filing Fee $300
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2007 - 1006883 Amount: $150
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Appellant - 1/2 Filing Fee
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07/27/2007
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Fee Paid in Full
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08/01/2007
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INITIAL BRIEF-MERITS
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AA Battelle Memorial Institute BY: AA Martin B. Woods
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O&8 & E-MAIL
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08/02/2007
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INITIAL BRIEF-MERITS
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AA United States Of America USA BY: AA H. Thomas Byron, Iii 974129
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O&8 & E-MAIL
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08/06/2007
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APPENDIX
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AA United States Of America USA BY: AA H. Thomas Byron, Iii 974129
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O&8 (TO THE USA'S INITIAL BRIEF ON MERITS)
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08/06/2007
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APPENDIX
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AA Battelle Memorial Institute BY: AA Martin B. Woods
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O&8 (TO BATTELLE MEMORIAL INSTITUTE'S INITIAL BRIEF-MERITS)
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08/13/2007
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ORDER-OTHER SUBSTANTIVE GR
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Appellant's Unopposed Motion to Waive Certain Rules and Requirements is hereby granted.
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08/27/2007
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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AE Maureen Stevens BY: AE Philip M. Burlington 285862
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& E-MAIL
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08/27/2007
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MOTION-TOLL TIME
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AE Maureen Stevens BY: AE Philip M. Burlington 285862
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& E-MAIL
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08/28/2007
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Appellee's motion for extension of time is granted and appellee is allowed to and including September 26, 2007, in which to serve the answer brief on the merits.
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09/06/2007
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ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL)
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Tami Lyn Azorsky's motion for leave to appear pro hac vice for Battelle Memorial Institute, which was filed with this Court on June 20, 2007, does not comply with Florida Rule of Judicial Administration 2.510 and is hereby denied without prejudice to re-file in compliance with said rule. The required contents of the verified motion and the verified form for the motion are contained in rule 2.510. Counsel is expected to include all components in the amended motion and is further expected to answer all questions as set forth in said rule as "not applicable" is not an appropriate response (with the exception of the social security number).
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09/12/2007
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MOTION-COUNS PRO HAC VICE AMD (FOREIGN COUNS)
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AA Tami Lyn Azorsky BY: AA Tami Lyn Azorsky
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TAMI LYN AZORSKY (FOR MOTION FOR LEAVE TO APPEAR PRO HAC VICE FOR BATTELLE MEMORIAL INSTITUTE) (O&8) (E-MAILED 09/14/2007); 09/20/2007: REQ'D AMENDED CERTIFICATE OF SERVICE
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09/21/2007
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CERTIFICATE OF SERVICE (AMD)
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AA Battelle Memorial Institute BY: AA Martin B. Woods (FOR AMED/MOT PRO HAC VICE FOR TAMI LYN AZORSKY)
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09/27/2007
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ANSWER BRIEF-MERITS
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AE Maureen Stevens BY: AE Philip M. Burlington 285862
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O&8 (& E-MAIL)
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09/27/2007
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APPENDIX
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AE Maureen Stevens BY: AE Philip M. Burlington 285862
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O&8 (E-MAIL VERSION NOT COMPLETE) REQ'D TO RE-SUBMIT (10/03/2007: RECV'D E-FILE OF APPENDIX
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09/27/2007
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REQUEST-ORAL ARGUMENT
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AE Maureen Stevens BY: AE Philip M. Burlington 285862
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O&8 (REQ'D E-MAIL)
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10/16/2007
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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AA United States Of America USA BY: AA H. Thomas Byron, Iii 974129
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FILED AS "UNOPPOSED MOTION FOR A 30-DAY EXTENSION OF TIME TO FILE THE REPLY BRIEF FOR APPELLANT UNITED STATES OF AMERICA" & E-MAIL
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10/16/2007
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Appellant United States of America's motion for extension of time is granted and appellant is allowed to and including November 21, 2007, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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10/22/2007
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REPLY BRIEF-MERITS
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AA Battelle Memorial Institute BY: AA Martin B. Woods
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O&8 & E-MAIL
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11/21/2007
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REPLY BRIEF-MERITS
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AA United States Of America USA BY: AA H. Thomas Byron, Iii 974129
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(O&8 AND E-MAIL) NO CERT. OF COMPLIANCE
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11/27/2007
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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All pleadings filed in this Court must contain a proper Certificate of Compliance. Failure to provide this Court with a Certificate of Compliance within twenty days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410. Please understand that once this case is dismissed, it is not subject to reinstatement.
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11/28/2007
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CERTIFICATE/FONT SIZE & STYLE
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AA United States Of America USA BY: AA H. Thomas Byron, Iii 974129
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O&8
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12/06/2007
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., Monday, May 5, 2008. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
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12/06/2007
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ORAL ARGUMENT CALENDAR
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02/14/2008
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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AA United States Of America USA BY: AA H. Thomas Byron, Iii 974129
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FILED AS "UNOPPOSED MOTION TO WAIVE CERTAIN RULES AND REQUIREMENTS" (O&8 & E-MAIL)
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02/20/2008
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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Appellant the United States of America's Unopposed Motion to Waive Certain Rules and Requirements is granted and Acting Assistant Attorney General Jeffrey S. Bucholtz is allowed to present oral argument on behalf of the above referenced appellant.
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02/21/2008
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Tami Lyn Azorsky, on behalf of Appellant, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
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02/28/2008
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FEE PAID-PRO HAC VICE
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AA Battelle Memorial Institute BY: AA Tami Lyn Azorsky AA Battelle Memorial Institute BY: AA Tami Lyn Azorsky
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02/29/2008
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Pro Hac Vice
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2008 - 1008265 Amount: $100
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05/05/2008
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ORAL ARGUMENT HELD
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10/30/2008
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DISP-CERT QUES FED-ANSWERED AFFIRMATIVE
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We hold, therefore, consistent with the analysis set out above, that a laboratory that manufactures, grows, tests or handles ultrahazardous materials does owe a duty of reasonable care to members of the general public to avoid an unauthorized interception and dissemination of the materials. We answer the certified question in the affirmative and return this case to the Eleventh Circuit.
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10/30/2008
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JURISDICTION ACCEPTED
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11/21/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. Thomas K. Kahn, Clerk BY: Hon. Thomas K. Kahn, Clerk
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1 VOLUME BRIEFS, 3 VOLUMES RECORD
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02/06/2009
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