alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §198. Purchase by receiver of property of bank; request to Comptroller

Whenever the receiver of any national bank duly appointed by the Comptroller of the Currency, and who shall have duly qualified and entered upon the discharge of his trust, shall find it in his opinion necessary, in order to fully protect and benefit his said trust, to the extent of any and all equities that such trust may have in any property, real or personal, by reason of any bond, mortgage, assignment, or other proper legal claim attaching thereto, and which said property is to be sold under any execution, decree of foreclosure, or proper order of any court of jurisdiction, he may certify the facts in the case, together with his opinion as to the value of the property to be sold, and the value of the equity his said trust may have in the same, to the Comptroller of the Currency, together with a request for the right and authority to use and employ so much of the money of said trust as may be necessary to purchase such property at such sale.

(Mar. 29, 1886, ch. 28, §1, 24 Stat. 8.)

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

#### Application to District of Columbia

Provisions of this section were made applicable to banks, etc., in the District of Columbia by act Mar. 4, 1933, ch. 274, §4, 47 Stat. 1567.

#### **Executive Documents**

#### Exception as to Transfer of Functions

Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-10490

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GERARDO GUZMAN-ARMENDARIZ,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:08-CR-83-1

Before KING, JOLLY, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Gerardo GuzmanArmendariz has moved for leave to withdraw and has filed a brief in accordance

with Anders v. California, 386 U.S. 738 (1967). Guzman-Armendariz has filed

a response. The record is insufficiently developed to allow consideration at this

time of Guzman-Armendariz’s claims of ineffective assistance of counsel; such

claims generally “cannot be resolved on direct appeal when [they have] not been

raised before the district court since no opportunity existed to develop the record

United States Court of Appeals

Fifth Circuit

F I L E D

December 15, 2009

Charles R. Fulbruge III

Clerk
No. 09-10490

2

on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091

(5th Cir. 2006) (internal quotation marks and citation omitted). Our

independent review of the record, counsel’s brief, and Guzman-Armendariz’s

response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s

motion for leave to withdraw is GRANTED, counsel is excused from further

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
§ 310.13 Inflating carcasses or parts thereof; transferring caul or other fat. ( a ) Establishments that slaughter livestock and prepare livestock carcasses and parts may inflate carcasses or parts of carcasses with air if they develop, implement, and maintain controls to ensure that the air inflation procedure does not cause insanitary conditions or adulterate product. Establishments shall incorporate these controls into their HACCP plans or Sanitation SOPs or other prerequisite programs.
( b ) ( 1 ) Transferring the caul or other fat from a fat to a lean carcass is prohibited.
( 2 ) Injecting compressed air into the skulls of cattle in conjunction with a captive bolt stunner to hold the animal still for dressing operations is prohibited.
(Approved by the Office of Management and Budget under control number 0583-0015) [54 FR 36756, Sept. 5, 1989, as amended at 55 FR 29565, July 20, 1990; 69 FR 1891, Jan. 12, 2004; 75 FR 69577, Nov. 15, 2010]
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 87 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                         March 2, 1999.
    Resolved, That the following named Members be, and they are hereby, elected 
to the following joint committees of Congress, to serve with the chairman of the 
Committee on House Administration:
    Joint Committee of Congress on the Library: Mr. Boehner, Mr. Ehlers, Mr. 
Hoyer, and Mr. Davis of Florida.
    Joint Committee on Printing: Mr. Boehner, Mr. Ney, Mr. Hoyer, and Mr. 
Fattah.
            Attest:

                                                                          Clerk.
```
-  Home 
-  Technical Resources 

# In This Section

                      -  HazMat Technical Resources 
                      -  Technical Reports 

## Related Links

                  -                                          Navy Self-Contained Breathing Apparatus (SCBA) Composite Cylinder Life Extensio...                   

## Related Documents

                  -                                          Navy Self-Contained Breathing Apparatus (SCBA) Composite Cylinder Life Extension Research Project PDF                   

# Navy Self-Contained Breathing Apparatus (SCBA) Composite Cylinder Life Extension Research Project

**Aug 30, 2012**

This research project was initiated to assess the risk associated using the US Navy SCBA composite cylinders (DOT FRP-1 and CFFC) beyond their 15 year service life to a maximum of 30 year of service from the original manufacturing date of the cylinder. This research project was developed by PHMSA, Hazardous Materials Engineering and Research Division and requested the US Navy to implement the project. The US Navy and their technical team and contractor has competed the project.

Mechanical (performance), nondestructive testing (NDT) data and conclusion of this research project have been used as part of technical information for evaluating Navy's application for special permit (SP 15720). For technical question, contact Mr. Mark Toughiry, 202-366-4545.
### §§641, 642. Repealed. Pub. L. 92–181, title V, §5.26(a), Dec. 10, 1971, 85 Stat. 624

Section 641, acts July 17, 1916, ch. 245, title I, §1, 39 Stat. 360; Mar. 4, 1923, ch. 252, title I, §§1, 2, 42 Stat. 1454; Ex. Ord. No. 6084, Mar. 27, 1933, directed that act July 17, 1916, be administered by the Farm Credit Administration.

Section 642, act July 17, 1916, ch. 245, title I, §2, 39 Stat. 360; Ex. Ord. No. 6084, Mar. 27, 1933, defined terms "first mortgage" and "farm-loan bonds".
Exhibit 23.01





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We hereby consent to the incorporation by reference in the Registration Statements of Steven Madden, Ltd. and subsidiaries (the “Company”) on Form S-8 (Nos. 333-160520, 333-117667, 333-117666, 333-106746, 333-98067, 333-68712, 333-40924, 333-86903, 333-16381, and 333-138584), Form S-8 POS (No. 033-94510), Form S-3 (No. 333-91127) and Form S-3/A (Nos. 333-46441 and 333-59295), of our report dated February 28, 2011, with respect to our audits of the consolidated financial statements of the Company as of December 31, 2010 and 2009 and for each of the years in the three-year period ended December 31, 2010, and our report dated February 28, 2011 on our audit of the Company’s internal control over financial reporting as of December 31, 2010 included in the Annual Report on Form 10-K for the year ended December 31, 2010.





We also consent to the reference to our firm in the Registration Statements on Form S-3 and Form S-3/A under the caption “Experts”.





/s/ EisnerAmper LLPNew York, NYFebruary 28, 2011
-  Home 
-  Technical Resources 

# In This Section

                      -  HazMat Technical Resources 
                      -  Technical Reports 

## Related Links

                  -                                          Pneumatic Pressure Test: Key Largo Cylinder (DOT-3AL-3000 Cylinder J95119) PDF                   

## Related Documents

                  -                                          Pneumatic Pressure Test: Key Largo Cylinder (DOT-3AL-3000 Cylinder J95119) PDF                   

# Pneumatic Pressure Test: Key Largo Cylinder (DOT-3AL-3000 Cylinder J95119)

**October 4, 2000**

The main purpose of this technical evaluation was to determine the cause of an aluminum cylinder failure in Key Largo, FL.

**Key Words:** SLC, sustain load crack, SCUBA, DOT 3AL cylinder, fractographic, ruptured cylinder, SEM analysis, ruptured DOT-3AL

If you have any **technical questions** not addressed by this or associated documents, contact Mark Toughiry, 202-366-4545.

[NOTE: The attached documents are in PDF format, you can download a free viewer.  If you have problems accessing the PDFs or the information, report your problem for further assistance.]
### §5008. Delays in an emergency

A delay by a bank beyond the time limits prescribed or permitted by this chapter shall be excused if the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of a bank and if the bank uses such diligence as the circumstances require.

(Pub. L. 108–100, §9, Oct. 28, 2003, 117 Stat. 1188.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 108–100, Oct. 28, 2003, 117 Stat. 1177, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5001 of this title and Tables.

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

#### Effective Date

Section effective at the end of the 12-month period beginning on Oct. 28, 2003, see section 20 of Pub. L. 108–100, set out as a note under section 5001 of this title.
<PAGE>
                                                                    Exhibit 31.1


Certifications

I, Kent Heyman, President, Principal Executive Officer of ServiceWare
Technologies, Inc., certify that:

1. I have reviewed this quarterly report on Form 10-Q of ServiceWare
Technologies, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a. Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b. Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c. Disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date: August 3, 2004                      /s/ Kent Heyman
                                              -------------------------------
                                       Title: Principal Executive Officer
# C_2006310EN.01002803.xml

| 16.12.2006 | EN | Official Journal of the European Union | C 310/28 |
| --- | --- | --- | --- |

16.12.2006

EN

Official Journal of the European Union

C 310/28

---

Order of the Court of First Instance of 16 October 2006 — Self Service Station Hasselerbaan v Commission

(Case T-276/99) (1)

1

(2006/C 310/54)

Language of the case: Dutch

Language of the case: Dutch

The President of the Second Chamber Extended Composition has ordered that the case be removed from the register.

---

(1)  OJ C 47, 19.2.2000.

1

---
#### JOSEPH BLAIR SLAUGHTER v. WILLIAM M. SLAUGHTER and LEROY S. VEASEY

No. 252PA89

(Filed 5 April 1990)

On defendant Veasey’s petition for discretionary review pursuant to N.C.G.S. § 7A-31 of the decision of the Court of Appeals, 93 N.C. App. 717, 379 S.E.2d 98 (1989), reversing a judgment notwithstanding the verdict by *Stephens, J.,*at the 7 March 1988 Session of WAKE Superior Court and remanding the case for entry of judgment on the verdict in favor of plaintiff. Heard in the Supreme Court 14 March 1990.

*Burns, Day & Presnell, P.A., by Lacy M. Presnell III, Daniel C. Higgins, and Susan F. Vick, for plaintiff appellee.*

*Broughton, Wilkins & Webb, P.A., by Charles P. Wilkins and Kenneth B. Oettinger, for defendant appellant Veasey.*

PER CURIAM.

After hearing arguments and carefully considering the new briefs and record, we conclude that we improvidently allowed defendant’s petition for discretionary review. The result is, therefore:

Discretionary review improvidently allowed.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00353-CV

Estate of Glenda Rhoades, 

Deceased

§

§

§

§

§

From County Court at Law No. 2

of Parker County (CIV-13-0909)

September 8, 2016

Opinion by Justice Sudderth

Concurrence and dissent by Justice

Walker

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was error in the trial court’s judgment. It is ordered that the judgment of the 

trial court is reversed and the case is remanded to the trial court for further 

proceedings consistent with this opinion. 

It is further ordered that appellee Elise Kinler shall pay all of the costs of 

this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS 

By _/s/ Bonnie Sudderth___________

 Justice Bonnie Sudderth
#### § 151.10 Recognition of additional breeds and books of record.

Before a breed or a book of record shall be added to those listed in this part, the custodian of the book of record involved shall submit to APHIS a complete copy of the book of record, consisting of any published printed volumes and any microfilm records issued by the registry association up to date of application, together with a copy of all rules and forms in force on said date affecting the registration of animals in said book.

[24 FR 2644, Apr. 7, 1959, as amended at 54 FR 34970, Aug. 23, 1989]
Exhibit 4.13.1

                                     WAIVER

       WAIVER,  dated  as of April  15,  1999  (the  "Effective  Date"),  to the
Promissory Note,  dated February 27, 1998 (as amended,  modified or supplemented
from time to time, the "New GFI Note"),  payable by Foamex Carpet Cushion,  Inc.
("Foamex  Carpet") to Foam Funding LLC (the "Lender") in the original  principal
amount of $70,200,000.

       The Lender hereby  temporarily  waives compliance by Foamex Carpet of the
financial covenants in Article IX of the New GFI Note to the extent, but only to
the extent, of the period of time commencing on the Effective Date and extending
through  and  including  May 5,  1999.  As of May 6,  1999  all  such  financial
covenants  shall be in full  force  and  effect as  though  they had never  been
waived.

       This Waiver  shall be governed by and  construed in  accordance  with the
laws of the  State of New York.  This  Waiver  may be  signed  in any  number of
counterparts, each of which shall be an original, with the same effect as if the
signatures thereto and hereto were upon the same instrument.

       IN WITNESS  WHEREOF,  the undersigned have executed this Waiver as of the
date first written above.

                                             FOAMEX CARPET CUSHION, INC.



                                             By:   /s/ George L. Karpinski
                                                  ------------------------
                                                 Name:   George L. Karpinski
                                                 Title:  Vice President


                                             FOAM FUNDING LLC


                                             By:   /s/ Tambra S. King
                                                  -------------------
                                                 Name:   Tambra S. King
                                                 Title:  Vice President
#### New England Distributors, Inc., et al. *v.*First Burlington Corporation et al.

*Francis J. Wynne,*for the appellees (defendants First Burlington Corporation and Alfred E. Dean).

*Joseph Neiman,*for the appellants (plaintiffs).

Argued June 4

decided June 4, 1974

The defendants’ motion to dismiss the appeal from the Court of Common Pleas in Hartford County is granted unless the plaintiffs file their request for a finding and draft finding on or before June 10,1974.
# C_2006310EN.01001902.xml

| 16.12.2006 | EN | Official Journal of the European Union | C 310/19 |
| --- | --- | --- | --- |

16.12.2006

EN

Official Journal of the European Union

C 310/19

---

Action brought on 11 October 2006 — TORRES v OHIM — Vinícola de Tomelloso (TORRES DE GAZATE)

(Case T-286/06)

(2006/C 310/39)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres S.A. (Barcelona, Spain) (represented by: E. Armijo Chávarri, M. A. Baz de San Ceferino and A. Castán Pérez-Gόmez, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Vinícola de Tomelloso S.C.L.

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | annul the decision of the Second Board of Appeal of OHIM of 27 July 2006 in Case R 421/2004-2 and order OHIM to pay the costs. |
| --- | --- |

—

annul the decision of the Second Board of Appeal of OHIM of 27 July 2006 in Case R 421/2004-2 and order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Vinícola de Tomelloso S.C.L.

Applicant for a Community trade mark:

Community trade mark concerned: Word mark TORRE DE GAZATE in respect of goods in Class 33 — Application No 1 632 017.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: National word marks TORRES, international word mark TORRES, and international word mark LAS TORRES in respect of goods in Class 33.

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition dismissed.

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) because the word TORRE is a dominant component in the overall impression produced by the mark applied for, there are aural and visual similarities between the conflicting marks and there is a likelihood of confusion making it impossible for them to coexist on the market.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

1

---
#### § 7.4 Reporting suspected violations.

Commissioners and employees shall disclose immediately any suspected violation of a statute or of a rule set forth in this part or of a rule set forth in 5 CFR parts 735, 2634, 2635, 2640, or 4701 to the Designated Agency Ethics Official, the Office of Inspector General, or other appropriate law enforcement authorities.
[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Page 11246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4554]


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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Public Availability of Equal Employment Opportunity Commission 
(EEOC) FY 2010 Service Contract Inventory

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice of Public Availability of FY 2010 Service Contract 
Inventories.

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

SUMMARY: In accordance with Section 743 of Division C of the 
Consolidated Appropriations Act of 2010 (Pub. L. 111-117), Equal 
Employment Opportunity Commission is publishing this notice to advise 
the public of the availability of the FY 2010 Service Contract 
inventory. This inventory provides information on service contract 
actions over $25,000 that were made in FY 2010. The information is 
organized by function to show how contracted resources are distributed 
throughout the agency. The inventory has been developed in accordance 
with guidance issued on November 5, 2010 by the Office of Management 
and Budget's Office of Federal Procurement Policy (OFPP). OFPP's 
guidance is available at http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-ontract-nventories-guidance-11052010.pdf. 
The Equal Employment Opportunity Commission has posted its inventory 
and a summary of the inventory on the EEOC homepage at the following 
link: Doing Business with EEOC.

FOR FURTHER INFORMATION CONTACT: Questions regarding the service 
contract inventory should be directed to Doreen Starkes in the 
Acquisition Services Division at (202) 663-4240 or 
<a href="/cdn-cgi/l/email-protection#9cd8d3ced9d9d2b2cfc8ddced7d9cfdcd9d9d3dfb2dbd3ca"><span class="__cf_email__" data-cfemail="de9a918c9b9b90f08d8a9f8c959b8d9e9b9b919df0999188">[email protected]</span></a>.

    Dated: February 23, 2011.
Doreen Starkes,
Contracting Officer, Acquisition Services Division.
[FR Doc. 2011-4554 Filed 2-28-11; 8:45 am]
BILLING CODE 6570-01-P


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