Hydro Resources, Inc.; Notice of Reconstitution, 7127 [05-2565]
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Notices
a. Competition generally in fresh
market agaricus mushrooms in the
eastern United States will be restrained.
b. Actual and potential competition
between the cooperative’s members and
other mushroom farmers will be
prevented, forestalled and restricted;
c. Acreage and facilities available to
produce mushrooms in the eastern
United States will be artificially
reduced; and
d. Consumers will be deprived of the
benefits of competition.
J. David McDowell,
Trial Attorneys, United States Department of
Justice Antitrust Division, Transportation,
Energy & Agriculture Section.
325 7th Street, NW., Suite 500, Washington,
DC 20530, Telephone: (202) 305–8519,
Facsimile: (202) 307–2784.
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Laura Heiser.
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Anne Spiegelman,
Trial Attorneys, Antitrust Division,
Philadelphia Field Office.
December 16, 2004.
VIII. Requested Relief
Wherefore, Plaintiff requests:
1. That the deed restrictions the
EMMC placed on the six properties
identified above be adjudged and
decreed to be unlawful and in violation
of section 1 of the Sherman Act, 15
U.S.C. 1.
2. That the Defendant and all persons
acting on its behalf be permanently
enjoined and restrained from enforcing
the deed restrictions on the abovementioned properties and from entering
into or carrying out any contract,
agreement, understanding, or plan, the
effect of which would be to limit,
forestall or prohibit the conduct of any
business related to the growing of
mushrooms on any property in the
United States;
3. That the Defendant be ordered to
file appropriate documents in the land
records of each jurisdiction in Georgia,
Pennsylvania and Ohio where the
EMMC previously filed deed
restrictions, to nullify the recorded deed
restrictions that had the effect of
prohibiting the conduct of business
related to the cultivation, growing,
production or marketing of mushrooms;
and
4. That Plaintiff have such other relief
as the Court may deem just and proper.
United States District Court for the
Eastern District of Pennsylvania
Respectfully submitted,
lllllllllllllllllllll
R. Hewitt Pate,
Assistant Attorney General.
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J. Bruce McDonald,
Deputy Assistant Attorney General.
lllllllllllllllllllll
Dorothy B. Fountain,
Deputy Director of Operations and Civil
Enforcement.
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Roger W. Fones,
Chief, Transportation , Energy & Agriculture
Section.
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Donna N. Kooperstein,
Assistant Chief, Transportation, Energy &
Agriculture Section.
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C. Alexander Hewes.
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Tracey D. Chambers.
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VerDate jul<14>2003
16:20 Feb 09, 2005
Jkt 205001
United States of America, Plaintiff, v.
Eastern Mushroom Marketing
Cooperative, Inc., Defendant;
Stipulation
Civil Case No.: 2:04–CV–5829.
Judge Thomas N. O’Neill, Jr.
Date Stamp: 12/16/2004.
It is stipulated by and between the
undersigned parties by their respective
attorneys that:
1. The Court has jurisdiction over the
subject matter of this action and over
each of the parties hereto, and venue of
this action is proper in the Eastern
District of Pennsylvania.
2. The parties consent that a Final
Judgment in the form hereto attached
may be filed and entered by the Court,
upon the motion of any party or upon
the Court’s own motion, at any time
after compliance with the requirements
of the Antitrust Procedures and
Penalties Act (15 U.S.C. 16), and
without further notice to any party or
other proceedings, provided that the
United States has not withdrawn its
consent.
3. The defendant shall abide by and
comply with the provisions of the
proposed Final Judgment pending entry
of the Final Judgment, and shall, from
the date of the filing of this Stipulation,
comply with all the terms and
provisions thereof as though the same
were in full force and effect as an order
of the Court.
4. In the event the proposed Final
Judgment is not entered pursuant to this
Stipulation, this Stipulation shall be of
no effect whatever, and the making of
this Stipulation shall be without
prejudice to any party in this or any
other proceeding.
Dated: December 16, 2004.
Eastern Mushroom Marketing Cooperative
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William A. DeStefano, Saul Ewing, LLP,
Centre Square West, 1500 Market Street, 38th
Floor, Philadelphia, PA 19102–2186, (215)
972–8578.
Counsel for the Eastern Mushroom Marketing
Cooperative.
PO 00000
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7127
United States of America
lllllllllllllllllllll
Laura Heiser,
Trial Attorney, United States Department of
Justice, Antitrust Division, Philadelphia
Office,
The Curtis Center, Suite 650 W., 170 S.
Independence Mall West, Philadelphia, PA
19106–2424, (215) 597–7405.
Counsel for the United States.
[FR Doc. 05–2495 Filed 2–9–05; 8:45 am]
BILLING CODE 4410–11–M
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–8968–ML; ASLBP No. 95–
706–01–ML]
Hydro Resources, Inc.; Notice of
Reconstitution
Pursuant to 10 CFR 2.1207, in the
above captioned Hydro Resources, Inc.
proceeding, Administrative Judge E. Roy
Hawkens is hereby appointed to serve as
Presiding Officer in place of
Administrative Judge Thomas S. Moore.
In accordance with 10 CFR 2.1203, all
correspondence, documents, and other
material relating to any matter in this
proceeding should be served on
Administrative Judge Hawkens as
follows: Administrative Judge E. Roy
Hawkens, Atomic Safety and Licensing
Board Panel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
Issued at Rockville, Maryland this, 4th day
of February 2005.
G. Paul Bollwerk, III,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. 05–2565 Filed 2–9–05; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Filings and
Information Services, Washington, DC
20549.
Extension: Rule 17a–4; SEC File No. 270–
198; OMB Control No. 3235–0279.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
E:\FR\FM\10FEN1.SGM
10FEN1
Agencies
[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Notices]
[Page 7127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2565]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8968-ML; ASLBP No. 95-706-01-ML]
Hydro Resources, Inc.; Notice of Reconstitution
Pursuant to 10 CFR 2.1207, in the above captioned Hydro Resources,
Inc. proceeding, Administrative Judge E. Roy Hawkens is hereby
appointed to serve as Presiding Officer in place of Administrative
Judge Thomas S. Moore.
In accordance with 10 CFR 2.1203, all correspondence, documents,
and other material relating to any matter in this proceeding should be
served on Administrative Judge Hawkens as follows: Administrative Judge
E. Roy Hawkens, Atomic Safety and Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
Issued at Rockville, Maryland this, 4th day of February 2005.
G. Paul Bollwerk, III,
Chief Administrative Judge, Atomic Safety and Licensing Board Panel.
[FR Doc. 05-2565 Filed 2-9-05; 8:45 am]
BILLING CODE 7590-01-P