alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006326EN.01000401.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/4 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 326/4

---

Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Portuguese Republic

(Case C-239/04) (1)

1

(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Article 6(4) - Castro Verde special protection area - Lack of alternative solutions)

(2006/C 326/08)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: M. van Beek and A. Caeiros, Agents)

Applicant:

Defendant: Portuguese Republic (represented by: L. Fernandes, Agent, and J.F. Ganderez and R. Gomes da Silva, advogados)

Defendant:

Re:

Failure of a Member State to fulfil its obligations — Article 6(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Construction of a motorway whose route crosses a special protection area for wild birds — Environmental impact assessment showing negative implications of the route — Existence of alternatives to the route constructed

Operative part of the judgment

The Court:

| 1. | Declares that, by implementing a project for a motorway whose route crosses the Castro Verde special protection area, notwithstanding the negative environmental impact assessment and without having demonstrated the absence of alternative solutions for the route concerned, the Portuguese Republic has failed to fulfil its obligations under Article 6(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Directive 97/62/EC of 27 October 1997; |
| --- | --- |

1.

Declares that, by implementing a project for a motorway whose route crosses the Castro Verde special protection area, notwithstanding the negative environmental impact assessment and without having demonstrated the absence of alternative solutions for the route concerned, the Portuguese Republic has failed to fulfil its obligations under Article 6(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Directive 97/62/EC of 27 October 1997;

| 2. | Orders the Portuguese Republic to pay the costs. |
| --- | --- |

2.

Orders the Portuguese Republic to pay the costs.

---

(1)  OJ C 228, 11.9.2004.

1

---
Docket Number FAA-2014-0291
§ 5.6 Fees. ( a ) Fees may be charged for copies of records which are furnished to a requester under this part and for the staff time spent in locating and reproducing such records at the rate of $.05 per page for paper copies, including paper copies from microfilm; $4.50 per half hour of staff time after the first half hour; and $7.50 for certification of a document. Such fees shall not exceed the Commission's direct cost of processing requests for those records computed on the basis of the actual number of copies produced and the staff time expended in fulfilling the particular request.
( b ) In the event the anticipated fees for all pending requests from the same requester exceed $25.00, records will not be searched, nor copies furnished, until the requester pays, or makes acceptable arrangements to pay, the total amount due. If any fee is not precisely ascertainable, an estimate will be made by the Commission and the requester will be required to forward the fee so estimated. In the event any advance payment differs from the actual fee, an appropriate adjustment will be made at the time the copies are made available by the Commission.
( c ) The Commission may reduce or waive payments of fees hereunder if it determines that such waiver or reduction is in the public interest because the furnishing of the requested information to the particular requester involved can be considered as primarily benefiting the general public as opposed to primarily benefiting the person or organization requesting the information.
[49 FR 30460, July 31, 1984, as amended at 52 FR 39214, Oct. 21, 1987; 89 FR 213, Jan. 2, 2024]
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-14-00347- CV

In re Erasm o Gar cia

ORI GINAL P ROCEEDI NG F ROM TRAVIS CO UNTY

O R D E R
P ER CURIAM

Relator has filed a petition f or writ of mandamus and a motion for temporar

y relief pending dispositi on of his mandamus petition. We gr ant the motion for tempora ry relief , pending further order of this Court, and stay execution of the order dated Marc h 4, 2014, aff irming the Texas Real Estate Commi ssio n fi n al order to the extent that the order dissolves the Rule 11 Ag ree ment dated Marc h 22, 2012, as to the suspension of rela tor’s rea l estate license. We reque st that rea l party in interest file a response t o the m andamus petiti on no later t h an J une 16, 2014. The real party in interest may also addre ss, in either its mandamus response or a separ ate, earl i er filing, the advisability of our continuing the temporar y relief pending our resolution of the mandamus petition. I t is ordere d J une 3, 2014.

Be fore J ustices Pury ear , Goodwin, and F ield
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 83 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                     February 25, 1999.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 669) to amend the Peace Corps Act to authorize appropriations for 
fiscal years 2000 through 2003 to carry out that Act. The first reading of the 
bill shall be dispensed with. General debate shall be confined to the bill and 
shall not exceed one hour equally divided and controlled by the chairman and 
ranking minority member of the Committee on International Relations. After 
general debate the bill shall be considered for amendment under the five-minute 
rule. The bill shall be considered as read. During consideration of the bill for 
amendment, the Chairman of the Committee of the Whole may accord priority in 
recognition on the basis of whether the Member offering an amendment has caused 
it to be printed in the portion of the Congressional Record designated for that 
purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as 
read. The Chairman of the Committee of the Whole may: (1) postpone until a time 
during further consideration in the Committee of the Whole a request for a 
recorded vote on any amendment; and (2) reduce to five minutes the minimum time 
for electronic voting on any postponed question that follows another electronic 
vote without intervening business, provided that the minimum time for electronic 
voting on the first in any series of questions shall be 15 minutes. At the 
conclusion of consideration of the bill for amendment the Committee shall rise 
and report the bill to the House with such amendments as may have been adopted. 
The previous question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion except one motion to 
recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
II

106TH CONGRESS

1ST SESSION S. 1201

To prohibit law enforcement agencies from imposing a waiting period before

accepting reports of missing persons between the ages of 18 and 21.

IN THE SENATE OF THE UNITED STATES

JUNE 10, 1999

Mr. SCHUMER introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To prohibit law enforcement agencies from imposing a waiting period before accepting reports of missing persons

between the ages of 18 and 21.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as ‘‘Suzanne’s Law’’.

5 SEC. 2. REPORTING AND WAITING PERIODS FOR MISSING

6 YOUTH.

7 Section 3702 of the Crime Control Act of 1990 (42

8 U.S.C. 5780) is amended—

9 (1) by redesignating paragraphs (2) and (3) as

10 paragraphs (3) and (4), respectively:
2

•S 1201 IS

1 (2) by inserting after paragraph (1) the fol2 lowing:

3 ‘‘(2) ensure that no law enforcement agency

4 within the State establishes or maintains any policy

5 that requires the observance of any waiting period

6 before accepting a missing youth report;’’;

7 (3) in paragraph (3) (as redesignated), by strik8 ing ‘‘such report’’ and inserting ‘‘report described in

9 paragraph (1)’’;

10 (4) in paragraph (4) (as redesignated), by strik11 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’;

12 (5) by inserting ‘‘(a) IN GENERAL.—’’ before

13 ‘‘Each State’’; and

14 (6) by adding at the end the following:

15 ‘‘(b) MISSING YOUTH.—In this section, the term

16 ‘missing youth’ means any individual of at least 18 years

17 of age and no older than 21 years of age—

18 ‘‘(1) whose whereabouts are unknown; and

19 ‘‘(2)(A) who is physically or mentally disabled;

20 ‘‘(B) who may be in the company of another

21 person under circumstances indicating that such in22 dividual’s physical safety is in danger; or
3

•S 1201 IS

1 ‘‘(C) whose disappearance is surrounded by cir2 cumstances that indicate that the disappearance

3 may have been involuntary.’’.

Æ
§ 171.605 Can I establish a Carriage Agreement with BIA? ( a ) We may agree in writing to carry third-party water through our facilities to your lands not served by our facilities if we have determined that our facilities have adequate capacity to do so.
( b ) If we determine that carrying water in accordance with paragraph (a) of this section is jeopardizing our ability to provide irrigation service to the lands we are required to serve, we will terminate the Agreement.
( c ) We may enter into an agreement with a third party to provide service through their facilities to your isolated assessable lands.
( d ) You must pay us all administrative, operating, maintenance, and rehabilitation costs associated with any agreement established under this section before we will convey water.
( e ) We will notify you in writing no less than five days before terminating a Carriage Agreement established under this section.
( f ) We may terminate a Carriage Agreement without notice due to an urgency we have identified.
**Exhibit 32.2**

 

**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 Annual Report on Form10-K/A of Vital Images, Inc. (the “Company”) for the period ended December 31,2003, as filed with the Securities and Exchange Commission on November 22,2004 (the “Periodic Report”), I, Gregory S. Furness, Chief Financial Officer ofthe Company, hereby certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.               The Periodic Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

2.               The informationcontained in the Periodic Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Dated: | November 22, 2004 |   |   |   |   |   | /s/ Gregory S. Furness  |
|--------|------------------------|--------|--------|--------|--------|--------|-------------------------|
|   |                   |   |   |   |   |   | Gregory S. Furness      |
|   |                   |   |   |   |   |   | Chief Financial Officer |
|   |                   |   |   |   |   |   | Vital Images, Inc.      |

 

1

----
### §2. Comptroller of the Currency; appointment; term

The Comptroller of the Currency shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for a term of five years unless sooner removed by the President, upon reasons to be communicated by him to the Senate.

(R.S. §325; Aug. 23, 1935, ch. 614, title II, §209, 49 Stat. 707.)

#### **Editorial Notes**

#### Codification

R.S. §325 derived from act June 3, 1864, ch. 106, §1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title.

Provisions of this section which prescribed the annual basic compensation of the Comptroller of the Currency were omitted to conform to the provisions of the Executive Schedule. See section 5314 of Title 5, Government Organization and Employees.

#### Amendments

1935—Act Aug. 23, 1935, struck out "on the recommendation of the Secretary of the Treasury" after "President", where first appearing, and changed the salary from "$5,000 a year" to "$15,000 a year".

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

#### Repeals

Act Oct. 15, 1949, ch. 695, §4, 63 Stat. 880, formerly cited as a credit to this section, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 655.

#### **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, were not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
### §1952. Reports on ownership and control

Where the Secretary determines that the making of appropriate reports by uninsured banks or uninsured institutions of any type with respect to their ownership, control, and managements and any changes therein has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, he may by regulation require such banks or institutions to make such reports as he determines in respect of such ownership, control, and managements and changes therein.

(Pub. L. 91–508, title I, §122, Oct. 26, 1970, 84 Stat. 1116.)

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

#### Effective Date

Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title.
EX-33.7
(logo)NTS  NATIONAL TAX
           SEARCH, LLC.


REPORT ON ASSESSMENT OF COMPLIANCE WITH APPLICABLE SECURITIES AND EXCHANGE
COMMISSIONS REGULATION AB SERVICING CRITERIA

For the calendar year ending December 31, 2012, National Tax Search, LLC has
been a Tax Service Vendor for Wells Fargo Bank, N.A. (the "Servicer").

National Tax Search, LLC ("NTS") is responsible for assessing compliance as of
December 31, 2012 and for the period from January 1, 2012 through December 31,
2012 (the "Reporting Period") with the servicing criteria set forth in Title 17,
Section 229.1122(d) of the Code of Federal Regulations (the "CFR"). NTS has used
the servicing criteria communicated to NTS by the Servicer to assess compliance
with the applicable servicing criteria. Only servicing criteria 1122 (d)
(l)(ii), 1122 (d)1(iv), 1122 (d)2(ii), 1122 (d)2(v), 1122(d)2(vi), 1122
(d)2(vii), 1122(d)(4)(xi), and 1122(d)(4)(xii) (the "Applicable Servicing
Criteria") are applicable to the activities NTS performs with respect to the
transactions covered by this report. NTS has determined that the remaining
servicing criteria set forth in Item 1122 (d) of the SEC Regulation AB are not
applicable to the activities it performs with respect to the transactions
covered by this report. The transactions covered by this report include all tax
payments made on behalf of the Servicer using NTS's TaxQ system (the "Platform
Transactions").

NTS, as a vendor, has assessed its compliance with the Applicable Servicing
Criteria for the Reporting Period and has concluded that the NTS has complied,
in all material respects, with the Applicable Servicing Criteria as of December
31, 2012 and for the Reporting Period with respect to the Platform Transactions
taken as a whole.

Plante & Moran, PLLC, an independent registered public accounting firm, has
issued an attestation report on the assessment of compliance with the
Applicable Servicing Criteria as of December 31, 2012 and for the Reporting
Period as set forth in this assertion.

National Tax Search, LLC, as Vendor to Servicer

/s/Lori Eshoo
Lori D. Eshoo, President/CEO



303 E. Wacker Drive, Suite 1040
Chicago, IL 60601
Telephone: (312) 233-6440
Facsimile: (312) 540-3770


Certified
WBENC
Women's Business Enterprise
### SUBCHAPTER XIV—BANK RESERVES
#### Vivian Schomer et al. *v.*Morris Shilepsky et al.

*Raymond W. Beckwith*and *Frederick A. Freedman,*in support of the motion.

Submitted January 17

decided April 18, 1974

The defendants’ motion for a review by this court of the order of the trial court terminating a stay of execution in the appeal from the Superior Court in Fairfield County is granted and the relief sought therein is denied.
Editorial Note on Part 900
Editorial Note: Nomenclature changes to part 900 appear at 67 FR 34602, May 15, 2002.

§ 900.248 In a non-emergency reassumption, what is the Secretary required to do? The Secretary must: ( a ) Notify the Indian tribes or tribal organizations served by the contract and the contractor in writing by certified mail of the details of the deficiencies in contract performance;
( b ) Request specified corrective action to be taken within a reasonable period of time, which in no case may be less than 45 days; and
( c ) Offer and provide, if requested, the necessary technical assistance and advice to assist the contractor to overcome the deficiencies in contract performance. The Secretary may also make a grant for the purpose of obtaining such technical assistance as provided in section 103 of the Act.
* This Order and Judgment is not binding precedent, e xcept

under the doctrines of law of the case, res judicat a, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order andjudgment may be cited under the terms and conditions of Tenth Ci r. R. 36.3. UNITED STATES COURT OF APPEALS Filed 7/10/96 FOR THE TENTH CIRCUIT

______ RED WING PRODUCTS, INC.; KEY ) TEMPORARY PERSONNEL, INC., ) ) Plaintiffs-Appellants, ) ) v. ) No. 96-5010 ) (D.C. No. 95-C-295-K) LEANN BURRIS, ) (N. Dist. Okla.) ) Defendant-Appellee. )

______
ORDER AND JUDGMENT *

______
Before ANDERSON, BARRETT, and MURPHY, Circuit Judges.

______ After examining the briefs and the appellate record , this panel has determined unanimously to honor the parti es’ request for a decision on the briefs without oral argument. Se e Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefo re ordered submitted without oral argument. Red Wing Products, Inc. and Key Temporary Personnel , Inc.- 2 -

(appellants) appeal from the district court’s sua sponte order granting summary judgment in favor of Leann Burris (Burris). On March 29, 1995, appellants filed this declarator y judgment action seeking a declaration that Burris’ activitie s arguably fell within the scope of the National Labor Relations Ac t (NLRA); hence, her state law wrongful discharge claim was preempte d by the NLRA. In addition, appellants sought a declaration that ( a) application of Oklahoma law to Burris’ claim violated the Supre macy Clause of the United States Constitution, (b) the state distr ict court was without subject-matter jurisdiction, and (c) the Na tional Labor Relations Board (NLRB) had exclusive jurisdiction o ver Burris’ wrongful discharge claim. Upon its own motion, the district court granted summary judgment in favor of Burris, concluding that her cl aim was not preempted by the NLRA and should properly remain instate court. On appeal, appellants contend that: (1) the distric t court erred in denying its motion for summary judgment; ( 2) the district court erred in granting summary judgment in favor o f Burris pursuant to the court’s sua sponte motion; (3) Burris’ conduct could arguably be characterized as “concerted activ ity” within the scope of the NLRA; (4) once the district court reco gnized that Burris’ conduct could arguably be characterized as “concerted activity” within the scope of the NLRA, it lacked j urisdiction to make a final determination as to whether certain co nduct qualifiedas “concerted activity” under the NLRA.

We review the district court’s grant or denial of s ummary judgment de novo , applying the same legal standard used by the district court. Lancaster v. Air Line Pilots Ass’nInt’l , 76 F.3d 1509, 1516 (10th Cir. 1996). After careful consideration, we affirm on the basis of the well-reasoned opinion of the district court in its November 30, 1995, Order. See alsoPeabody Galion v. Dollar , 666 F.2d 1309, 1313-1319 (10th Cir. 1981) (no NLRA preemption).
AFFIRMED.

Entered for the Court:

James E. Barrett, Senior United States Circuit Judge
#### GIBBS, Administratrix De Bonis Non With the Will Annexed of Sommers, Movant, v. LANGSTAFFORM LUMBER COMPANY, a Co-Partnership, Opposed.

Court of Appeals of Kentucky.

May 16, 1939.

Albert Karnes for movant.

Boyd & Boyd, opposed.

PER CURIAM.

Appeal denied; judgment affirmed.
1 U.S. EPA Discharge Monitoring Report (DMR) Pollutant Loading Tool: 2010 Data

Available online at: http://cfpub.epa.gov/dmr/

Steam Electric ELG, DCN 01959234
Editorial Note on Part 113
Editorial Note: Nomenclature changes to part 113 appear at 79 FR 55969, Sept. 18, 2014.

§ 113.30 Detection of Salmonella contamination. The test for detection of Salmonella contamination provided in this section shall be conducted when such a test is prescribed in an applicable Standard Requirement or in the filed Outline of Production for the product. ( a ) Samples shall be collected from the bulk suspension before bacteriostatic or bactericidal agents have been added. When tissue culture products are to be tested, 1 ml of tissue extract used as the source of cells or 1 ml of the minced tissue per se shall be tested.
( b ) Five ml of the liquid vaccine suspension shall be used to inoculate each 100 ml of liquid broth medium (tryptose and either selenite F or tetrathionate). The inoculated media shall be incubated 18-24 hours at 35-37 °C.
( c ) Transfers shall be made to either MacConkey agar or Salmonella-Shigella agar, incubated for 18-24 hours and examined.
( d ) If no growth typical of Salmonella is noted, the plates shall be incubated an additional 18-24 hours and again examined.
( e ) If suspicious colonies are observed, further subculture on suitable media shall be made for positive identification. If Salmonella is found, the bulk suspension is unsatisfactory.
[38 FR 29888, Oct. 30, 1973]
[if !vml]>[endif]>

[if !vml]>[endif]>

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