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In its second decision , the Appeal Board concluded that the appointment was not based on selection according to merit and allowed the appeal . One such drug is in its second level of clinical trials . In its second exception , the Agency contends that the award fails to draw its essence from the agreement . In its second exception the Agency contends that by directing the relief set forth in Article 7 ( 15 ) ( C ) ( 3 ) , the award does not draw its essence from the agreement since this section of the agreement specifically contemplates a roster announcement vacancy and there was no roster or roster announcement in this case . Intro : House Bill 5 , which increases the tax on cigarettes and other products like chewing tobacco is now in its second day . It helped power the empire in its second city and provided work for generations of Scots .