alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006190EN.01000101.xml

| 12.8.2006 | EN | Official Journal of the European Union | C 190/1 |
| --- | --- | --- | --- |

12.8.2006

EN

Official Journal of the European Union

C 190/1

---

Judgment of the Court (Grand Chamber) of 13 June 2006 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Traghetti del Mediterraneo SpA, in liquidation v Repubblica italiana

(Case C-173/03) (1)

1

(Non-contractual liability of Member States - Damage caused to individuals by infringements of Community law attributable to a national court adjudicating at last instance - National legislation limiting State liability to cases of intentional fault and serious misconduct on the part of the court - Liability excluded in connection with the interpretation of provisions of law or assessment of facts or evidence in the exercise of judicial functions)

(2006/C 190/01)

Language of the case: Italian

Referring court

Tribunale di Genova

Parties to the main proceedings

Applicant: Traghetti del Mediterraneo SpA, in liquidation

Applicant:

Defendant: Repubblica italiana

Defendant:

Re:

Reference for a preliminary ruling — Tribunale di Genova — Non-contractual liability of a Member State towards its nationals for errors committed by its own courts in the application of Community law, in particular the failure by a court adjudicating at last instance to refer a case to the Court in accordance with Article 234 EC

Operative part of the judgment

Community law precludes national legislation which excludes State liability, in a general manner, for damage caused to individuals by an infringement of Community law attributable to a court adjudicating at last instance by reason of the fact that the infringement in question results from an interpretation of provisions of law or an assessment of facts or evidence carried out by that court.

Community law also precludes national legislation which limits such liability solely to cases of intentional fault and serious misconduct on the part of the court, if such a limitation were to lead to exclusion of the liability of the Member State concerned in other cases where a manifest infringement of the applicable law was committed, as set out in paragraphs 53 to 56 of the judgment in Case C-224/01 Köbler [2003] ECR I-10239.

---

(1)  OJ C 158, 5.7.2003.

1

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OMB Approval No. 2030-0020 Approval Expires 4/30/ 12


# Current and Pending Support

T

he f ollo w ing in f orma t ion s hould be provided for each investigator and other senior per s onnel

. Fa ilure to provide t his in f orm a tio n may delay consideration of this proposal. Other agencies (including N SF ) to which this proposal has been/will be submi tt ed. 

### Inve st igator:

Support: Current Pending Submission Planned in Near Future *Transfer of Support Project/Proposal:

Source of Support:
Tot al Award Am oun t: To tal Aw ard Period Covered: 

### to Location of Project: Person-Months Per Year Committed to the Project. Cal : Acad: Sumr: 

### Support: Current Pending Submission Planned in Near Future *Transfer of Support Projec t/ Proposal :

Source of Support:
Tot al Award Am oun t: To tal Aw ard Period Covered: 

### to Location of Project: Person-Months Per Year Committed to the Project. Cal : Acad: Sumr: 

### Support: Current Pending Submission Planned in Near Future *Transfer of Support Project/Proposal:

Source of Support:
Tot al Award Am oun t: To tal Aw ard Period Covered: 

### t o Location of Project: Person-Months Per Year Committed to the Project. Cal : Acad: Sumr: 

### Support: Current Pending Submission Planned in Near Future *Transfer of Support Project/Proposal:

Source of Support:
Tot al Award Am oun t: To tal Aw ard Period Covered: 

### to Location of Project: Person-Months Per Year Committed to the Project. Cal : Acad: Sumr: 

### Support: Current Pending Submission Planned in Near Future *Transfer of Support Project/Proposal:

Source of Support:
Tot al Award Am oun t: To tal Aw ard Period Covered: 

### to Location of Project: Person-Months Per Year Committed to the Project. Cal : Acad: Sumr:
*If this project has previousl y been funded by another agenc y, please list and furnish information for immediatel y preceding fu ndin g period

. NCER FORM 5 (9/01) For Use with EPA STAR Gr ant Application s U SE ADD ITI ONAL SH EETS AS NEC ESSA RY 

### United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460

The public reporting and recordkeeping burden for this collection of information is estimated to average 30 minutes per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.
**Exhibit 31.8**
**CERTIFICATION**
I, Kathy A. San Roman, Vice President, Human Resources & Administration andActing Chief Financial Officer of Lynx Therapeutics, Inc., certify that:     1. I have reviewed this annual report on Form 10-K/A of Lynx Therapeutics,Inc.;     2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport;     3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report;     4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:      a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;      b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and      c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and     5. The registrant’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):      a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and      b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.
Date: October 22, 2004    /s/ Kathy A. San Roman  Vice President, Human Resources &Administration and Acting Chief Financial Officer
### §2295. Authority or responsibility under other provisions of law not to be affected or impaired

Nothing in this chapter shall be construed as impairing any authority or responsibility of the President or the Secretary of the Treasury under any other provision of law, nor shall anything in this chapter affect in any manner any provision of law concerning the right of any Federal agency to sell obligations to the Secretary of the Treasury or the authority or responsibility of the Secretary of the Treasury to purchase such obligations.

(Pub. L. 93–224, §17, Dec. 29, 1973, 87 Stat. 942.)
### §1706e. Repealed. Pub. L. 101–625, title II, §289(b), Nov. 28, 1990, 104 Stat. 4128

Section, Pub. L. 93–383, title VIII, §810, Aug. 22, 1974, 88 Stat. 734; Pub. L. 94–375, §20, Aug. 3, 1976, 90 Stat. 1077; Pub. L. 95–24, title I, §103, Apr. 30, 1977, 91 Stat. 55; Pub. L. 95–128, title II, §203, Oct. 12, 1977, 91 Stat. 1129; Pub. L. 95–557, title I, §102, Oct. 31, 1978, 92 Stat. 2083; Pub. L. 96–153, title I, §106, Dec. 21, 1979, 93 Stat. 1104; Pub. L. 96–399, title I, §116, Oct. 8, 1980, 94 Stat. 1623; Pub. L. 97–35, title III, §312, Aug. 13, 1981, 95 Stat. 397; Pub. L. 98–181, title I [title I, §122], Nov. 30, 1983, 97 Stat. 1170; Pub. L. 98–479, title I, §101(a)(14), Oct. 17, 1984, 98 Stat. 2220; Pub. L. 100–242, title V, §517(a), (c)–(e), Feb. 5, 1988, 101 Stat. 1936, 1937; Pub. L. 101–73, title V, §501(e)(1), Aug. 9, 1989, 103 Stat. 394; Pub. L. 101–235, title I, §126(a), (b), Dec. 15, 1989, 103 Stat. 2025; Pub. L. 101–625, title IX, §914(a), (b), Nov. 28, 1990, 104 Stat. 4394, 4395, related to urban homestead program of unit of general local government, State, or designated public agency.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Oct. 1, 1991, and except with respect to projects and programs for which binding commitments have been entered into prior to Oct. 1, 1991, no new grants or loans to be made after Oct. 1, 1991, under this section, see section 12839(a)(5), (b)(1) of Title 42, The Public Health and Welfare.
### §§183 to 186. Repealed. Pub. L. 103–325, title VI, §602(e)(32)–(35), Sept. 23, 1994, 108 Stat. 2292

Section 183, R.S. §5222, provided that, within six months of voting to liquidate, an association was to deposit with Treasurer of United States money sufficient to redeem all outstanding circulation.

Section 184, R.S. §5223, exempted associations which wound up business for purpose of consolidating with another association from requirement to deposit money to redeem all outstanding circulation.

Section 185, R.S. §5224; Feb. 18, 1875, ch. 80, §1, 18 Stat. 320, related to reassignment of bonds to association and redemption of notes.

Section 186, R.S. §5225; Feb. 27, 1877, ch. 69, §1, 19 Stat. 252, related to destruction of redeemed notes by Treasurer.
###### Editorial Note on Part 23

#### Editorial Note:

Nomenclature changes to part 23 appear at 79 FR 27190, May 13, 2014.

#### § 23.134 Who has access to reports and records during a proceeding?

Each party to an emergency proceeding or a foster-care-placement or termination-of-parental-rights proceeding under State law involving an Indian child has a right to timely examine all reports and other documents filed or lodged with the court upon which any decision with respect to such action may be based.
106TH CONGRESS

1ST SESSION S. 1211

AN ACT

To amend the Colorado River Basin Salinity Control Act

to authorize additional measures to carry out the control

of salinity upstream of Imperial Dam in a cost-effective

manner.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1211 ES

1 SECTION 1. AMENDMENT OF THE COLORADO RIVER BASIN

2 SALINITY CONTROL ACT.

3 Section 208(c) of the Colorado River Basin Salinity

4 Control Act (43 U.S.C. 1598(c)) is amended—

5 (1) in the first sentence—

6 (A) by striking ‘‘$75,000,000 for sub7 section 202(a)’’ and inserting ‘‘$175,000,000

8 for section 202(a)’’; and

9 (B) by striking ‘‘paragraph 202(a)(6)’’ and

10 inserting ‘‘paragraph (6) of section 202(a)’’;

11 and

12 (2) in the second sentence, by striking ‘‘para13 graph 202(a)(6)’’ and inserting ‘‘section 202(a)(6)’’.

14 SEC. 2. REPORT.

15 The Secretary of the Interior shall prepare a report

16 on the status of implementation of the comprehensive pro17 gram for minimizing salt contributions to the Colorado

18 River from lands administered by the Bureau of Land

19 Management directed by section 203(b)(3) of the Colorado

20 River Basin Salinity Control Act (43 U.S.C. 1593). The

21 report shall provide specific information on individual

22 projects and funding allocation. The report shall be trans23 mitted to the Committee on Energy and Natural Re-
3

S 1211 ES

1 sources and the Committee on Resources of the House of

2 Representatives no later than June 30, 2000.

Passed the Senate November 19, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 1211

AN ACT

To amend the Colorado River Basin Salinity Control Act to authorize additional measures to carry

out the control of salinity upstream of ImperialDam in a cost-effective manner.
EXHIBIT 32.2


           CERTIFICATIONS PURSUANT TO SECURITIES EXCHANGE ACT OF 1934
                         RULE 13a-14(b) OR 15d-14(b) AND
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the quarterly report of Lexington  Resources,  Inc. (the
"Company")  on Form 10-QSB for quarter  ended  September 30, 2004, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Vaughn Barbon, Chief Financial Officer of the Company, certify for the purpose
of complying with Rule  13a-14(b) or Rule  15d-14(b) of the Securities  Exchange
Act of 1934 (the  "Exchange  Act") and Section 1350 of Chapter 63 of Title 18 of
the United States Code, that:

          1.   the Report fully complies with the  requirements of Section 13(a)
               or 15(d) of the Exchange Act; and

          2.   the information  contained in the Report fairly presents,  in all
               material  respects,   the  financial  condition  and  results  of
               operations of the Company.




Dated: November 15, 2004                  By:  /s/ VAUGHN BARBON
                                          ________________________________
                                          Vaughn Barbon
                                          Chief Financial Officer



A SIGNED  ORIGINAL OF THIS WRITTEN  STATEMENT  REQUIRED BY SECTION 906, OR OTHER
DOCUMENT AUTHENTICATING, ACKNOWLEDGING, OR OTHERWISE ADOPTING THE SIGNATURE THAT
APPEARS IN TYPED FORM WITHIN THE  ELECTRONIC  VERSION OF THIS WRITTEN  STATEMENT
REQUIRED BY SECTION 906, HAS BEEN PROVIDED TO LEXINGTON RESOURCES, INC. AND WILL
BE RETAINED BY LEXINGTON  RESOURCES,  INC. AND FURNISHED TO THE  SECURITIES  AND
EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Pages 11781-11782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4693]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank

[[Page 11782]]

Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than March 17, 2011.
    A. Federal Reserve Bank of Atlanta (Clifford Stanford, Vice 
President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309:
    1. William Russell Carothers II, Robert Leroy Carothers, Christian 
Hill Carothers, all of Winfield, Alabama, and William R. Carothers, 
III, Birmingham, Alabama; to retain voting shares of Citizens Bancorp 
of Winfield, Inc., and thereby indirectly retain voting shares of The 
Citizens Bank of Winfield, both in Winfield, Alabama.
    2. Charles E. Gleghorn, and Hue G. Counts, both of Fayetteville, 
Tennessee; Hardy B. Ferrell, Mulberry, Tennessee; Roger Everett Jones, 
New Market, Alabama; and Joe Lee Lasater, Hazel Green, Alabama; to 
collectively acquire voting shares of North Alabama Bancshares, Inc. 
and thereby indirectly acquire voting shares of North Alabama Bank, 
both of Hazel Green, Alabama.
    3. P. Byron DeFoor, Ooltewah, Tennessee, and Winston A. Porter, 
Atlanta, Georgia; to collectively acquire voting shares of Northside 
Bancshares, Inc., and thereby indirectly acquire voting shares of 
Northside Bank, both of Adairsville, Georgia.
    4. Michael Hull Erdman, Merritt Island, Florida; to retain voting 
shares of Sunrise Bank, Cocoa Beach, Florida.

    Board of Governors of the Federal Reserve System, February 25, 
2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011-4693 Filed 3-2-11; 8:45 am]
BILLING CODE 6210-01-P
### §925. Effect of list of claims

A proof of claim is deemed filed under section 501 of this title for any claim that appears in the list filed under section 924 of this title, except a claim that is listed as disputed, contingent, or unliquidated.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2623.)

#### Historical and Revision Notes

#### legislative statements

Section 925 of the Senate amendment regarding venue and fees has been deleted.

#### senate report no. 95–989

Section 926 [enacted as section 925] follows the policy contained in section 88(a) of the present Act [section 408(a) of former title 11], though certain details are left to the Rules. The language of section 926 is the same as that of proposed 11 U.S.C. 1111, which applies in chapter 11 cases. The list of creditors filed under section 924 is given weight as prima facie evidence of the claims listed (except claims that are listed as disputed, contingent, or unliquidated), which are deemed filed under section 501, obviating the need for listed creditors to file proofs of claim.
Editorial Note on Part 224
Editorial Note: Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

§ 224.157 How must the Secretary proceed after receiving the Tribe's response? ( a ) If the Secretary determines that the Tribe's proposed or completed actions to comply with the Secretary's requirements are adequate to correct the violation of the TERA or Federal law and any condition that caused the imminent jeopardy, the Secretary will: ( 1 ) Notify the Tribe of the adequacy of its response in writing; and
( 2 ) Terminate the reassumption proceedings in writing.
( b ) If the Secretary determines that the Tribe's proposed or completed actions to comply with the Secretary's requirements are not adequate, then the Secretary will issue a written notice of reassumption.
#### STATE v. CARROLL

No. 535P89

Case below: 90 N.C.App. 771

Petition by defendant for writ of certiorari to the North Carolina Court of Appeals dismissed 18 January 1990.
###### Editorial Note on Part 900

#### Editorial Note:

Nomenclature changes to part 900 appear at 67 FR 34602, May 15, 2002.

#### § 900.101 Is excess BIA or IHS real property to which an Indian tribe or tribal organization has taken title eligible for facilities operation and maintenance funding from the Secretary?

Yes.
### §282. Subscription to capital stock by national banking association

Every national banking association within each Federal reserve district shall be required to subscribe to the capital stock of the Federal reserve bank for that district in a sum equal to six per centum of the paid-up capital stock and surplus of such bank, one-sixth of the subscription to be payable on call of the Board of Governors of the Federal Reserve System, one-sixth within three months and one-sixth within six months thereafter, and the remainder of the subscription, or any part thereof, shall be subject to call when deemed necessary by the Board, said payments to be in gold or gold certificates.

(Dec. 23, 1913, ch. 6, §2 (part), 38 Stat. 252; Aug. 23, 1935, ch. 614, title II, §203(a), 49 Stat. 704.)

#### **Editorial Notes**

#### Codification

Section is based on part of the third par. of section 2 of act Dec. 23, 1913. The rest of the third par. was not included in the Code. For classification of other pars. of section 2 of this Act, see Codification note set out under section 222 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.
### §3766. Computation of time

Periods of time provided for in this chapter shall be calculated in consecutive calendar days, including the day or days on which the actions or events occur or are to occur for which the period of time is provided and including the day on which an event occurs or is to occur from which the period is to be calculated.

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)

#### **Editorial Notes**

#### Codification

Section is based on section 817 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.
#### Samuel H. Dick *v.*Jack R. Dick et al.

*Richard A. Bieder,*for the appellant (plaintiff).

*Bourke G. Spellacy,*for the appellee (named defendant).

Argued April 2

decided April 2, 1974

The plaintiff’s “Motion to Set Aside Judgment of Court and Direct Judgment Against Defendants/ Appellees or in the Alternative to Order New Jury Trial or in the Alternative to Set Matter Down for Assignment for Hearing” in the appeal from the Superior Court in Fairfield County at Stamford is denied without prejudice to a renewal of the motion in the event the defendants’ brief is not filed on or before May 13, 1974.