alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State of Connecticut *v.*William J. Peay

*James D. Cosgrove,*on the motion.

*George D. Stoughton,*chief assistant state’s attorney, for the plaintiff (state).

Argued March 5

decided March 5, 1974

The motion by James D. Cosgrove to withdraw his appearance in behalf of the defendant in the appeal from the Superior Court in Hartford County is granted.
### §2255. Conditions of other banks and lending institutions

The Comptroller of the Currency is authorized and directed, upon request of the Farm Credit Administration to furnish for confidential use of an institution of the System such reports, records, and other information as he may have available relating to the financial condition of national banks through, for, or with which such institution of the System has made or contemplates making discounts or loans and to make such further examination, as may be agreed, of organizations through, for, or with which such institution of the Farm Credit System has made or contemplates making discounts or loans.

(Pub. L. 92–181, title V, §5.20, formerly §5.21, Dec. 10, 1971, 85 Stat. 623; renumbered §5.20, Pub. L. 99–205, title II, §203(b), Dec. 23, 1985, 99 Stat. 1694.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5.20 of Pub. L. 92–181 was renumbered section 5.19 and is classified to section 2254 of this title.
### SUBCHAPTER V—OBTAINING AND ISSUING CIRCULATING NOTES
# C_2007069EN.01000702.xml

| 24.3.2007 | EN | Official Journal of the European Union | C 69/7 |
| --- | --- | --- | --- |

24.3.2007

EN

Official Journal of the European Union

C 69/7

---

Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 23 January 2007 — Paul Chevassus-Marche v Groupe Danone SA, Kro beer brands SA (BKSA), Eaux minérales d'Evian SA (SAEME)

(Case C-19/07)

(2007/C 69/14)

Language of the case: French

Referring court

Cour de Cassation

Parties to the main proceedings

Applicant: Paul Chevassus-Marche

Applicant:

Defendants: Groupe Danone SA, Kro beer brands SA (BKSA), Eaux minérales d'Evian SA (SAEME)

Defendants:

Question referred

Is Article 7(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (1) to be interpreted as meaning that a commercial agent entrusted with a specific geographical area is entitled to commission where a commercial transaction between a third party and a customer belonging to that area has been concluded without any action, either direct or indirect, on the principal's part?

1

---

(1)  OJ L 382, 1986, p. 17.

1

---
# C_2006331EN.01004003.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/40 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 331/40

---

Order of the Court of First Instance of 22 November 2006 — Cámara de Comercio e Industria de Zaragoza v Commission

(Case T-225/02) (1)

1

(European Social Fund - Regulation (EEC) No 4253/88 - Withdrawal of financial aid - Action for annulment - Directly concerned - Inadmissibility)

(2006/C 331/89)

Language of the case: Spanish

Parties

Applicant: Cámara de Comercio e Industria de Zaragoza (Zaragoza, Speain) (represented by: initially A. Sánchez-Rubio García, then A. Creus Carreras and B. Uriarte Valiente, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: L. Escobar Guerrero and L. Flynn, Agents)

Defendant:

Re:

Action for annulment of Commission Decision C (2000) 2621 of 29 December 2000 relating to the withdrawal of aid which was allocated by the European Social Fund (ESF) by application of Decision C (91) 2852 of 19 December 1991 adopting the Community initiative ‘Euroform’ for Spain (P.O. 913051ES8) and ESF funds which the Spanish authorities allocated to the Cámara de Comercio e Industria (Chamber of Commerce), Zaragoza, for the ‘Tricoin’ project (ref.: EUR-82), for the implementation of which the company Copy Aragón de Zaragoza was responsible.

Operative part of the order

| 1. | The action is dismissed as inadmissible; |
| --- | --- |

1.

The action is dismissed as inadmissible;

| 2. | Cámara de Comercio e Industria de Zaragoza is ordered to pay the costs. |
| --- | --- |

2.

Cámara de Comercio e Industria de Zaragoza is ordered to pay the costs.

---

(1)  OJ C 233, 28.9.2002.

1

---
<PAGE>


                                                                      Exhibit 32



     ServiceWare Technologies, Inc. Certification under Section 906 of the
Sarbanes/Oxley Act - filed as an exhibit to 10-Q for Quarter Ended June 30, 2004



                            CERTIFICATION PURSUANT TO

                             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 ServiceWare Technologies, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Kent Heyman, Chief Executive Officer of the Company, and Scott
Schwartzman, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that to the best of our knowledge:



               1. The Report fully complies with the requirements of section
               13(a) or 15(d) of the Securities Exchange Act of 1934; and


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


/s/ Kent Heyman                                /s/ Scott Schwartzman

Kent Heyman                                    Scott Schwartzman
Principal Executive Officer                    Principal Financial Officer
August 3, 2004                                     August 3, 2004
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                                <C>
<PERIOD-TYPE>                 9-Mos
<FISCAL-YEAR-END>             Dec-31-1996
<PERIOD-END>                  Sep-30-1996
<CASH>                            $ 37,000
<SECURITIES>                           0
<RECEIVABLES>                  1,690,000
<ALLOWANCES>                           0
<INVENTORY>                    3,009,000
<CURRENT-ASSETS>               5,154,000
<PP&E>                         3,711,000
<DEPRECIATION>                 1,819,000
<TOTAL-ASSETS>                 7,235,000
<CURRENT-LIABILITIES>          5,338,000
<BONDS>                                0
<COMMON>                         235,000
<PREFERRED-MANDATORY>                  0
<PREFERRED>                    1,770,000
<OTHER-SE>                     (308,000)
<TOTAL-LIABILITY-AND-EQUITY>   7,235,000
<SALES>                        3,998,000
<TOTAL-REVENUES>               3,998,000
<CGS>                          2,235,000
<TOTAL-COSTS>                  2,235,000
<OTHER-EXPENSES>                       0
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>               563,000
<INCOME-PRETAX>              (2,617,000)
<INCOME-TAX>                      36,000
<INCOME-CONTINUING>          (2,653,000)
<DISCONTINUED>                         0
<EXTRAORDINARY>                1,150,000
<CHANGES>                              0
<NET-INCOME>                 (1,503,000)
<EPS-PRIMARY>                       (.59)
<EPS-DILUTED>                       (.59)
        


</TABLE>
### §2258. Jurisdiction

Each institution of the System shall for the purposes of jurisdiction be deemed to be a citizen of the State, commonwealth, or District of Columbia in which its principal office is located.

(Pub. L. 92–181, title V, §5.23, formerly §5.24, Dec. 10, 1971, 85 Stat. 624; Pub. L. 94–184, §1(b), Dec. 31, 1975, 89 Stat. 1060; renumbered §5.23, Pub. L. 99–205, title II, §203(b), Dec. 23, 1985, 99 Stat. 1694.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5.23 of Pub. L. 92–181 was renumbered section 5.22 and is classified to section 2257 of this title.

#### Amendments

1975—Pub. L. 94–184 struck out provisions prohibiting district court jurisdiction on the basis of incorporation under this Act or prior Federal law, and prohibiting jurisdiction except in cases by or against the United States or one of its officers, or against a person over whom State courts have no jurisdiction and except in cases by or against a receiver or conservator appointed under this chapter.
### §4623. Judicial review of Director action

#### (a) Jurisdiction

#### (1) Filing of petition

A regulated entity that is not classified as critically undercapitalized and is the subject of a classification under section 4614 of this title or a discretionary supervisory action taken under this subchapter by the Director (other than action to appoint a conservator under section 4616 or 4617 of this title or action under section 4619 1 of this title) may obtain review of the classification or action by filing, within 10 days after receiving written notice of the Director's action, a written petition requesting that the classification or action of the Director be modified, terminated, or set aside.

#### (2) Place for filing

A petition filed pursuant to this subsection shall be filed in the United States Court of Appeals for the District of Columbia Circuit.

#### (b) Scope of review

The Court may modify, terminate, or set aside an action taken by the Director and reviewed by the Court pursuant to this section only if the court finds, on the record on which the Director acted, that the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable laws.

#### (c) Unavailability of stay

The commencement of proceedings for judicial review pursuant to this section shall not operate as a stay of any action taken by the Director. Pending judicial review of the action, the court shall not have jurisdiction to stay, enjoin, or otherwise delay any supervisory action taken by the Director with respect to a regulated entity that is classified as significantly or critically undercapitalized or any action of the Director that results in the classification of a regulated entity as significantly or critically undercapitalized.

#### (d) Limitation on jurisdiction

Except as provided in this section, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or effectiveness of any classification or action of the Director under this subchapter (other than appointment of a conservator under section 4616 or 4617 of this title or action under section 4619 1 of this title) or to review, modify, suspend, terminate, or set aside such classification or action.

(Pub. L. 102–550, title XIII, §1369D, Oct. 28, 1992, 106 Stat. 3985; Pub. L. 110–289, div. A, title I, §1145(b)(3), July 30, 2008, 122 Stat. 2767.)

#### **Editorial Notes**

#### References in Text

Section 4619 of this title, referred to in subsecs. (a)(1) and (d), was repealed by Pub. L. 110–289, div. A, title I, §1145(b)(4), July 30, 2008, 122 Stat. 2767.

#### Amendments

2008—Subsec. (a)(1). Pub. L. 110–289, §1145(b)(3)(B), substituted "A regulated entity" for "An enterprise".

Subsec. (c). Pub. L. 110–289, §1145(b)(3)(A), substituted "a regulated entity" for "an enterprise" in two places.

1 See References in Text note below.
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# In This Section

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## Contact Us

OHMS Deputy Associate Administrator & Field Support Services
1200 New Jersey Ave. SEWashington, DC20590United States

**Phone:**202-366-0656****Alt Phone:**800-467-4922****Fax:**202-366-4566**

If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

# Operational Guidance & Policies

## About Operational Guidance & Policies

PHMSA's Office of Hazardous Materials Enforcement (OHME) operates under strategic direction set forth in Department's and Administration's strategic plans and its own National Business Strategy. Additionally, OHME functions under the protocols, procedures and methods set forth in its Operations Manual and Policies.

## Related Links

                        - DOT Strategic Plan
                        - Enforcement Operations Manual
                        - Response Options for Hazardous Materials Compliance Proceedings
                        - PHMSA Policy on Rights of Small Entities in Hazardous Materials Enforcement Cases
                        - 2017 Annual Civil Penalty Report
                        - 2018 Annual Civil Penalty Report
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                        - 2020 Annual Civil Penalty Report
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[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Notices]
[Page 10371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4197]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control

    Special Emphasis Panel: Occupational Safety and Health Training 
Project Grant, Program Announcement PAR 10-288, initial review.
    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the aforementioned meeting:

    Times and Dates: 8:30 a.m.-5 p.m., March 17, 2011 (Closed).
    Place: Courtyard Marriott, 2700 Eisenhower Avenue, Alexandria, 
Virginia 22314-4553, Telephone (703) 329-2323.
    Status: The meeting will be closed to the public in accordance 
with provisions set forth in section 552b(c)(4) and (6), Title 5 
U.S.C., and the Determination of the Director, Management Analysis 
and Services Office, CDC, pursuant to Public Law 92-463.
    Matters to be Discussed: The meeting will include the initial 
review, discussion, and evaluation of ``Occupational Safety and 
Health Training Project Grant, PAR 10-288.''
    Contact Person for More Information: M. Chris Langub, PhD, 
Scientific Review Officer, CDC, 1600 Clifton Road NE., Mailstop E74, 
Atlanta, Georgia 30333, Telephone (404) 498-2543.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities, for both the Centers for Disease Control and Prevention 
and the Agency for Toxic Substances and Disease Registry.

    Dated: February 14, 2011.
Elaine L. Baker,
Director, Management Analysis and Services Office Centers for Disease 
Control and Prevention.
[FR Doc. 2011-4197 Filed 2-23-11; 8:45 am]
BILLING CODE 4163-18-P
### §4634. Judicial review

#### (a) Commencement

Any party to a proceeding under section 4631 1 4513b, 4636, or 4636a of this title may obtain review of any final order issued under this chapter by filing in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Director be modified, terminated, or set aside. The clerk of the court shall transmit a copy of the petition to the Director.

#### (b) Filing of record

Upon receiving a copy of a petition, the Director shall file in the court the record in the proceeding, as provided in section 2112 of title 28.

#### (c) Jurisdiction

Upon the filing of a petition, such court shall have jurisdiction, which upon the filing of the record by the Director shall (except as provided in the last sentence of section 4633(b)(2) of this title) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Director.

#### (d) Review

Review of such proceedings shall be governed by chapter 7 of title 5.

#### (e) Order to pay penalty

Such court shall have the authority in any such review to order payment of any penalty imposed by the Director under this subchapter.

#### (f) No automatic stay

The commencement of proceedings for judicial review under this section shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Director.

(Pub. L. 102–550, title XIII, §1374, Oct. 28, 1992, 106 Stat. 3990; Pub. L. 110–289, div. A, title I, §1153(b)(1)(C), July 30, 2008, 122 Stat. 2775.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a), was in the original "this title", meaning title XIII of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3941, which is classified principally to this chapter. For complete classification of title XIII to the Code, see Short Title note set out under section 4501 of this title and Tables.

#### Amendments

2008—Subsec. (a). Pub. L. 110–289 substituted "4513b, 4636, or 4636a of this title" for "or 4636 of this title" and "this chapter" for "such section".

1 So in original. Probably should be followed by a comma.
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# Hazardous Materials Emergency Preparedness Program Recipient Review Assessment

LMI_report1.pdf (3.38 MB)

*DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. If you require an alternative version of files provided on this page, please contact          PHMSA-Accessibility@dot.gov.*
### [§2408. Renumbered §4656]
**EXHIBIT12.1**

 

**Digital River, Inc. Computation of Ratio of Earnings to Fixed Charges (in thousands, except ratios)**

 
| ** **                                     | ** ** | ** **                  | ** ** | ** **    | ** ** | ** ** | ** ** | ** ** | ** ** | **Three  months  ended** | ** ** |
|------------------------------------------------|------------|-----------------------------|------------|---------------|------------|------------|------------|------------|------------|--------------------------|------------|
| ** **                                     | ** ** | **Years ended December 31** | ** ** | **March 31,** | ** ** |
|                                           |       | **2001**                    | ** ** | **2002**      | ** ** | **2003**   | ** ** | **2004**   | ** ** | **2005**                 |       |
| Net Income (Loss) from operations as  reported |       | $                           | (20,103    | )             | $          | (916       | )          | $          | 16,298     |                     | $          | 34,762 |   | $ | 17,782 |   |
| Add: Fixed charges                             |       | 137                         |       | 165           |       | 235        |       | 2,094      |       | 754                      |       |
|                                           |       |                        |       |          |       |       |       |       |       |                     |       |
| Earnings as defined                            |       | (19,966                     | )          | (751          | )          | 16,533     |       | 36,856     |       | 18,536                   |       |
|                                           |       |                        |       |          |       |       |       |       |       |                     |       |
| Fixed charges                                  |       | $                           | 137        |          | $          | 165        |       | $          | 235        |                     | $          | 2,094 |   | $ | 754 |   |
|                                           |       |                        |       |          |       |       |       |       |       |                     |       |
| Ratio of earnings to fixed charges (1)         |       | —                      |       | —        |       | 70.5       |       | 17.6       |       | 24.6                     |       |

 

----

(1)  The ratio of earnings tofixed charges is computed by dividing income (loss) from operations plus fixedcharges by fixed charges.  Fixed chargesconsist of interest expense, amortization of debt issuance costs and thatportion of rental payments under operating leases that we believe to berepresentative of interest.  Earningswere insufficient to cover fixed charges in 2001 through 2002 by amounts equalto the net loss for the period.

 

----
### §264. Transferred

#### **Editorial Notes**

#### Codification

Section, act Dec. 23, 1913, ch. 6, §12B, as added June 16, 1933, ch. 89, §8, 48 Stat. 168; amended June 16, 1934, ch. 546, §1 (1)–(10), 48 Stat. 969, 970; June 28, 1935, ch. 335, 49 Stat. 435; Aug. 23, 1935, ch. 614, title I, §101, 49 Stat. 684; Apr. 21, 1936, ch. 244, 49 Stat. 1237; May 25, 1938, ch. 276, 52 Stat. 442; June 16, 1938, ch. 489, 52 Stat. 767; June 20, 1939, ch. 214, §2, 53 Stat. 842; Apr. 13, 1943, ch. 62, §1, 57 Stat. 65; Aug. 5, 1947, ch. 492, §§2, 4, 61 Stat. 773; June 25, 1948, ch. 645, §21, 62 Stat. 862; Oct. 15, 1949, ch. 695, §4, 63 Stat. 880; Aug. 17, 1950, ch. 729, §§5–7, 64 Stat. 457, relating to the Federal Deposit Insurance Corporation, was withdrawn from the Federal Reserve Act and made a separate act to be known as the Federal Deposit Insurance Act, by section 1 of act Sept. 21, 1950, ch. 967, 64 Stat. 873. The Federal Deposit Insurance Act is classified to chapter 16 (§1811 et seq.) of this title.
IV

House Calendar No. 329

106TH CONGRESS

2D SESSION H. RES. 675

[Report No. 106–1031]

Providing for consideration of the joint resolution (H.J. Res. 134) making

further continuing appropriations for the fiscal year 2001, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 14, 2000

Mr. LINDER, from the Committee on Rules, reported the following resolution;

which was referred to the House Calendar and ordered to be printed

RESOLUTION

Providing for consideration of the joint resolution (H.J. Res.

134) making further continuing appropriations for the

fiscal year 2001, and for other purposes.

1 Resolved, That upon the adoption of this resolution

2 it shall be in order without intervention of any point of

3 order to consider in the House the joint resolution (H.J.

4 Res. 134) making further continuing appropriations for

5 the fiscal year 2001, and for other purposes. The joint

6 resolution shall be considered as read for amendment. The

7 previous question shall be considered as ordered on the
2

HRES 675 RH

1 joint resolution to final passage without intervening mo2 tion except: (1) one hour of debate equally divided and

3 controlled by the chairman and ranking minority member

4 of the Committee on Appropriations; and (2) one motion

5 to recommit.
House Calendar No. 329

106TH CONGRESS

2D SESSION H. RES. 675

[Report No. 106–1031]

RESOLUTION

Providing for consideration of the joint resolution

(H.J. Res. 134) making further continuing appropriations for the fiscal year 2001, and forother purposes.

DECEMBER 14, 2000

Referred to the House Calendar and ordered to be

printed
### §2202e. Waiver of mediation rights by borrowers

No System institution may make a loan secured by a mortgage or lien on agricultural property to a borrower on the condition that the borrower waive any right under the mediation program of any State.

(Pub. L. 92–181, title IV, §4.14E, as added Pub. L. 100–233, title V, §511, Jan. 6, 1988, 101 Stat. 1664; amended Pub. L. 103–354, title II, §282(f)(2), Oct. 13, 1994, 108 Stat. 3235.)

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–354 struck out "agricultural loan" before "mediation program".
#### § 81.59 How does the spokesperson file a petition?

The spokesperson must submit the original petition to the Local Bureau Official.