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Florida Lawyer Search - Listings for Lancaster & Eure
Name: Lancaster & Eure
Address: 1601 Manatee Ave E Bradenton, FL 34208
Phone Number: 941-747-3266
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Specialties:
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Social Security & Government Law
Workers Compensation, Employee Benefit & Labor Law
Nursing Home Negligence
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Cases related to this attorney's specialties:
USCA6 Opinion 03a0319p.06 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2003 FED App. 0319P (6th Cir.) File Name: 03a0319p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _ H.C. MacClaren, Inc., Petitioner, v. United States Department of Agriculture, Respondent. No. 02-3006 On Appeal from an Order of the Secretary, United States Department of Agriculture. No. D-99-0012. Argued: June 11, 2003 Decided and Filed: September 4, 2003 Before: MOORE and GIBBONS, Circuit Judges; SCHWARZER, Senior District Judge.(*) _ COUNSEL ARGUED: Stephen P. McCarron, McCARRON & DIESS, Washington, D.C., for Petitioner. Stephen M. Reilly, OFFICE OF GENERAL COUNSEL, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondent. ON BRIEF: Stephen P. McCarron, McCARRON & DIESS, Washington, D.C., for Petitioner. Stephen M. Reilly, OFFICE OF GENERAL COUNSEL, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondent. _ OPINION _ JULIA SMITH GIBBONS, Circuit Judge. Petitioner H.C. MacClaren, Inc. (MacClaren), a wholesale produce broker, appeals a final order of the Secretary of Agriculture revoking its license pursuant...
IN RE WILHELM ELSNER United States Court of Appeals for the Federal Circuit 1000 03-1569 (Serial No. 09/664,247) IN RE WILHELM ELSNER Julie W. Meder, Webb Ziesenheim Logsdon Orkin & Hanson, P.C., of Pittsburgh, Pennsylvania, argued for appellant. Russell D. Orkin for appellant. John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were Stephen Walsh and Linda Moncys Isacson, Associate Solicitors. Appealed from: United States Patent and Trademark Office, Board of Patent Appeals and Interferences United States Court of Appeals for the Federal Circuit 03-1585 (Serial No. 09/267,559) IN RE KEITH W. ZARY Kenneth S. Klarquist, Klarquist Sparkman, LLP, of Portland, Oregon, argued for appellant. With him on the brief was Kevin M. Hayes. John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Stephen Walsh and Linda Moncys Isacson, Associate Solicitors. Patrick H. Ballew, Stratton Ballew PLLC, of Yakima, Washington, for amicus curiae Northwest Nursery Improvement Institute, Inc. Of counsel was Rex B. Stratton, of Seattle, Washington. Appealed from: United States Patent and Trademark Office Board of Patent Appeals and Interferences United States Court of Appeals for the Federal Circuit 03-1569 (Serial No. 09/664,247) IN RE WILHELM ELSNER - 03-1585 (Serial No. 09/267,559) IN RE KEITH ZARY _ DECIDED: August 16, 2004 _ Before LOURIE, CLEVENGER, and BRYSON, Circuit Judges. LOURIE, Circuit Judge. Wilhelm Elsner appeals from the decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences affirming the rejection of claim 1 of United States plant patent application 09/664,247 as anticip...
SIERRA CLUB v. SEABOARD FARMS, INC. FILED United States Court of Appeals 1000 Tenth Circuit OCT 28 2004 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT SIERRA CLUB, Plaintiff-Appellant, v. No. 03-6104 SEABOARD FARMS INC. and SEABOARD CORPORATION, Delaware corporations, and SHAWNEE FUNDING LIMITED PARTNERSHIP, a Delaware partnership, Defendants-Appellees. TYSON FOODS INC., Amicus Curiae. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (D.C. NO. CIV-00-997-C) Barclay B. Rogers (Patrick Gallagher and David Bookbinder with him on the briefs), Sierra Club, San Francisco, CA, for Appellant. Ellen B. Steen (Richard E. Schwartz and Kirsten L. Nathanson with her on the brief), Crowell & Moring LLP, Washington, DC, for Appellee. Judith A. Villines, Stites & Harbison, PLLC, Frankfort, Kentucky, and Laura D. Keller, James W. Taylor, and W. Blaine Early, Stites & Harbison, PLLC, Lexington, Kentucky on the brief for Amicus Curiae. Before HENRY, BRISCOE, and HARTZ, Circuit Judges. HENRY, J., Sierra Club, Inc. appeals from the district court's grant of summary judgment to the defendants, Seaboard Farms Inc., Seaboard Corporation, and Shawnee Funding Limited Partnership (together, "Seaboard"), who own and operate a pig-farming operation in western Oklahoma. This case turns on the meaning of the word "facility" as used in the Comprehensive Environmental Response, Compensation, and Liability Act's section 103(a) ("CERCLA"), 42 U.S.C. 9603(a). CERCLA's Section 103(a) sets out various reporting requirements for the release of hazardous substances from a facility; here we focus on the ammonia emissions from Appellee's concentrated animal feeding operation located in western Oklahoma. CERCLA's statutory definition of this term is somewhat turbid, but, when read with other provisions nearby, is unambiguous. The district court found that the term "facility" should be narrowly construed so as to apply to each individ...
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