alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010328EN.01006201.xml

| 4.12.2010 | EN | Official Journal of the European Union | C 328/62 |
| --- | --- | --- | --- |

4.12.2010

EN

Official Journal of the European Union

C 328/62

---

Action brought on 8 October 2010 — Eberhard Bömcke v EIB

(Case F-95/10)

()

2010/C 328/101

Language of the case: French

Parties

Parties

Applicant: Eberhard Bömcke (Athus, Belgium) (represented by: D. Lagasse, lawyer)

Applicant:

Defendant: European Investment Bank

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the decision taken by the Director of Human Resources of the defendant confirming that the applicant’s mandate as staff representative has expired and application for damages

Form of order sought

Form of order sought

| — | Annul the decision of the Director of Human Resources of the EIB notified to the applicant by letter of 22 September 2010 and received on 24 September 2010; |
| --- | --- |

—

Annul the decision of the Director of Human Resources of the EIB notified to the applicant by letter of 22 September 2010 and received on 24 September 2010;

| — | Order the EIB to pay compensation for the non-material harm caused to the applicant by the above decision and in that regard award him the sum of EUR 25 000; |
| --- | --- |

—

Order the EIB to pay compensation for the non-material harm caused to the applicant by the above decision and in that regard award him the sum of EUR 25 000;

| — | Order the EIB to pay the costs. |
| --- | --- |

—

Order the EIB to pay the costs.

---
§ 82.22 Cleaning and disinfecting premises. Premises that contained poultry that were infected with chlamydiosis must be cleaned and disinfected in accordance with this section before any poultry are moved interstate onto the premises. ( a ) The premises must be cleaned in accordance with part 71 of this chapter;
( b ) After being cleaned, the premises must be inspected by a Federal representative, State representative, or an accredited veterinarian; and
( c ) After being inspected, the premises must be disinfected in the presence of a Federal representative, State representative, or an accredited veterinarian, in accordance with part 71 of this chapter, using a disinfectant listed in part 71 of this chapter.
(Approved by the Office of Management and Budget under control numbers 0579-0116 and 0579-0032)
#### Michael Hlavaty et al., Appellants, v John San Filippo, Respondent.

[826 NYS2d 99]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Dolan, J.), dated January 25, 2006, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and 3212.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and 3212 is denied.

The Supreme Court erred in dismissing the second cause of action, which alleged an intentional tort, pursuant to CPLR 3211 (a) (7). Assuming the truth of the pertinent allegations, and giving the plaintiffs the benefit of every favorable inference *(see Leon v Martinez,*84 NY2d 83, 87 [1994]; *Zornberg v North Shore Univ. Hosp.,*29 AD3d 986 [2006]), the complaint states a cause of action sounding in intentional tort. Accordingly, we deny that branch of the defendant’s motion which was to dismiss the second cause of action pursuant to CPLR 3211 (a) (7).

Further, the Supreme Court erred in granting that branch of the defendant’s motion which was for summary judgment dismissing the first and third causes of action, alleging, *739respectively, negligence and loss of consortium. We conclude that, while the defendant made a prima facie showing of entitlement to judgment as a matter of law on the ground the injured plaintiff, Michael Hlavaty, assumed the risk of his injuries *(see Alvarez v Prospect Hosp.,*68 NY2d 320 [1986]), the plaintiffs raised triable issues of fact as to the applicability of that doctrine under the circumstances of this case *(see Convey v City of Rye School Dist.,*271 AD2d 154 [2000]). Accordingly, that branch of the defendant’s motion which was to dismiss the first and third causes of action pursuant to CPLR 3212 should have been denied. Miller, J.E, Ritter, Spolzino and Dillon, JJ., concur.
USDA is an equal opportunity provider, employer, and lender.

STAKEHOLDER ANNOUNCEMENT

USDA CERTIFIES ADDITIONAL RURAL BUSINESS INVESTMENT COMPANIES

WASHINGTON, Dec. 19, 2018 – Assistant to the Secretary for Rural Development Anne Hazlett today 

announced the certification of two new Rural Business Investment Companies under USDA’s Rural Business 

Investment Program.

Midwest Growth Partners II LP, based in West Des Moines, Iowa, will invest in companies with high-growth 

potential in the food and agribusiness sectors. The fund manager expects to begin investing more than $100 

million in private equity into rural businesses during the first half of 2019.

Blue Highway Growth Capital Fund, which has principal offices in Biddeford, Ma., Boston Ma. and 

Philadelphia, Pa., will make investments primarily in the Northeast and Mid-Atlantic states. Its fund managers 

make investments across a broad range of industries.

Midwest Growth Partners and Blue Highway Growth Capital Fund are, respectively, the fourth and fifth nonleveraged funds USDA has certified under the Rural Business Investment Program. The program provides 

licenses to private capital funds to assist in meeting the capital needs in rural areas.

#
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 accompanying Quarterly Report of Jupiter Marine
International Holdings, Inc. (the "Company") on Form 10-QSB for the three month
period ending October 28, 2006, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Lawrence Tierney, Principal
Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the
best of my knowledge, that:

         () 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 fully presents, in all
material respects, the financial condition and results of operations of the
Company.



By:   /s/ Lawrence Tierney
      --------------------
      Lawrence Tierney
      Principal Accounting Officer
      December 12, 2006
<TABLE> <S> <C>


<ARTICLE>                     7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
SECURITY ASSURANCE HOLDINGS LTD. AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER>                  1,000
       
<S>                             <C>
<PERIOD-TYPE>                               6-MOS
<FISCAL-YEAR-END>                     DEC-31-1996
<PERIOD-START>                        JAN-01-1996
<PERIOD-END>                          JUN-30-1996
<DEBT-HELD-FOR-SALE>                    1,132,858
<DEBT-CARRYING-VALUE>                           0
<DEBT-MARKET-VALUE>                             0
<EQUITIES>                                  6,581
<MORTGAGE>                                      0
<REAL-ESTATE>                                   0
<TOTAL-INVEST>                          1,139,439
<CASH>                                      7,432
<RECOVER-REINSURE>                         35,624
<DEFERRED-ACQUISITION>                    133,950
<TOTAL-ASSETS>                          1,516,296
<POLICY-LOSSES>                            79,501
<UNEARNED-PREMIUMS>                       496,061
<POLICY-OTHER>                                  0
<POLICY-HOLDER-FUNDS>                           0
<NOTES-PAYABLE>                            30,000
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                   700
<COMMON>                                  695,475
<OTHER-SE>                                 63,825
<TOTAL-LIABILITY-AND-EQUITY>            1,516,296
<PREMIUMS>                                 42,484
<INVESTMENT-INCOME>                        31,668
<INVESTMENT-GAINS>                          1,512
<OTHER-INCOME>                                105
<BENEFITS>                                  3,155
<UNDERWRITING-AMORTIZATION>                12,620
<UNDERWRITING-OTHER>                        8,549
<INCOME-PRETAX>                            51,455
<INCOME-TAX>                               13,153
<INCOME-CONTINUING>                        38,292
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                               38,292
<EPS-PRIMARY>                                1.23
<EPS-DILUTED>                                1.22
<RESERVE-OPEN>                            111,759
<PROVISION-CURRENT>                         4,286
<PROVISION-PRIOR>                               0
<PAYMENTS-CURRENT>                              0
<PAYMENTS-PRIOR>                           36,544
<RESERVE-CLOSE>                            79,501
<CUMULATIVE-DEFICIENCY>                         0
        


</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal Service.TM

# ACTION:

Notice.

# SUMMARY:

The Postal Service hereby provides notice that it has filed a request with the Postal Regulatory Commission to transfer commercial First-Class Mail Parcels from the Mail Classification Schedule's Market-Dominant Product List to its Competitive Product List.

# DATES:

March 9, 2011.

# FOR FURTHER INFORMATION CONTACT:

Nabeel Cheema, 202-268-7178.

# SUPPLEMENTARY INFORMATION:

                    On February 24, 2011, the United States Postal Service® filed with the Postal Regulatory Commission a                     *Request of the United States Postal Service*                     to transfer commercial First-Class Mail Parcels from the Mail Classification Schedule's Market-Dominant Product List to its Competitive Product List, pursuant to 39 U.S.C. 3642. The transfer would take place in two steps: First, commercial First-Class Mail Parcels would be removed from the market-dominant product list; then, a new product, provisionally titled Lightweight Commercial Parcels, would be added to the competitive product list. Lightweight Commercial Parcels would be identical to commercial First-Class Mail Parcels, except that Lightweight Commercial Parcels would have a content restriction prohibiting the inclusion of any item classified as a “letter” under the Private Express Statutes. Documents pertinent to this request are available at                     *http://www.prc.gov,*                     Docket No. MC2011-22.                

Neva R. Watson,

Attorney, Legislative.

[FR Doc. 2011-5272 Filed 3-8-11; 8:45 am]

BILLING CODE 7710-12-P
# C_2007117EN.01003101.xml

| 26.5.2007 | EN | Official Journal of the European Union | C 117/31 |
| --- | --- | --- | --- |

26.5.2007

EN

Official Journal of the European Union

C 117/31

---

Appeal brought on 28 March 2007 by Jacques Frankin and Others against the judgment of the Civil Service Tribunal delivered on 16 January 2007 in Case F-3/06 Jacques Frankin and Others v Commission

Jacques Frankin and Others

Commission

(Case T-92/07 P)

(2007/C 117/48)

Language of the case: French

Parties

Appellants: Jacques Frankin (Sorée, Belgium) and 482 other appellants (represented by F. Frabetti, lawyer)

Appellants:

Other party to the proceedings: Commission of the European Communities

Other party to the proceedings:

Form of order sought by the appellant

| — | set aside the judgment of the Civil Service Tribunal of 16 January 2007 in Case F-3/06 principally concerning an action for annulment of an express decision of 10 June 2005 by which the Commission refused to grant the appellants assistance under Article 24 of the Staff Regulations; |
| --- | --- |

—

set aside the judgment of the Civil Service Tribunal of 16 January 2007 in Case F-3/06 principally concerning an action for annulment of an express decision of 10 June 2005 by which the Commission refused to grant the appellants assistance under Article 24 of the Staff Regulations;

| — | make an order as to the costs, fees and expenses and order the Commission to pay them. |
| --- | --- |

—

make an order as to the costs, fees and expenses and order the Commission to pay them.

Pleas in law and main arguments

In support of their action, the appellants assert that by dismissing their action at first instance, the Civil Service Tribunal erred in law when examining the pleas in law relied on at first instance, alleging, first, infringement of Article 24 of the Staff Regulations and from the duty to have regard to the welfare of officials and, second, breach of the principle of non-discrimination.

---
§ 109.3 Definitions. For the purposes of 11 CFR part 109 only, agent means any person who has actual authority, either express or implied, to engage in any of the following activities on behalf of the specified persons: ( a ) In the case of a national, State, district, or local committee of a political party, any one or more of the activities listed in paragraphs (a)(1) through (a)(5) of this section: ( 1 ) To request or suggest that a communication be created, produced, or distributed.
( 2 ) To make or authorize a communication that meets one or more of the content standards set forth in 11 CFR 109.21(c).
( 3 ) To create, produce, or distribute any communication at the request or suggestion of a candidate.
( 4 ) To be materially involved in decisions regarding: ( i ) The content of the communication;
( ii ) The intended audience for the communication;
( iii ) The means or mode of the communication;
( iv ) The specific media outlet used for the communication;
( v ) The timing or frequency of the communication; or,
( vi ) The size or prominence of a printed communication, or duration of a communication by means of broadcast, cable, or satellite.
( 5 ) To make or direct a communication that is created, produced, or distributed with the use of material or information derived from a substantial discussion about the communication with a candidate.
( b ) In the case of an individual who is a Federal candidate or an individual holding Federal office, any one or more of the activities listed in paragraphs (b)(1) through (b)(6) of this section: ( 1 ) To request or suggest that a communication be created, produced, or distributed.
( 2 ) To make or authorize a communication that meets one or more of the content standards set forth in 11 CFR 109.21(c).
( 3 ) To request or suggest that any other person create, produce, or distribute any communication.
( 4 ) To be materially involved in decisions regarding: ( i ) The content of the communication;
( ii ) The intended audience for the communication;
( iii ) The means or mode of the communication;
( iv ) The specific media outlet used for the communication;
( v ) The timing or frequency of the communication;
( vi ) The size or prominence of a printed communication, or duration of a communication by means of broadcast, cable, or satellite.
( 5 ) To provide material or information to assist another person in the creation, production, or distribution of any communication.
( 6 ) To make or direct a communication that is created, produced, or distributed with the use of material or information derived from a substantial discussion about the communication with a different candidate.
Exhibit






AMENDMENT NUMBER 5


TO THE CANADIAN PACIFIC RAILWAY COMPANY PENSION PLAN CONSOLIDATED AS AT JANUARY 1, 2009
AMENDMENTS FOR MANAGEMENT EMPLOYEES


Effective January 1, 2011,


		
	1.
	Delete paragraph 2.06 and replace it with the following:




2.06    Averaged Incentive Compensation
“Averaged Incentive Compensation” means, subject to subparagraph 5.01(g), an amount calculated as the product of the amount described in subparagraph (a) of the definition of Highest Plan Earnings in respect of the Member multiplied by the lesser of A and B, where A and B are determined as at the AIC Date, where “AIC Date” means the earlier of the Member’s Date of Cessation of Membership and the date on which the Member commences a pre-retirement leave of absence, and where:


A is calculated as follows:


		
	(a)
	for each of the ten (10) calendar years preceding the year of the AIC Date, determine the percentage that the Member’s Deemed PIP Award or any amounts paid under such other incentive plan as determined by the Company in respect of that year is of the Member’s Base Earnings for that year, then




		
	(b)
	average the five (5) highest percentages obtained under subparagraph (a); and




B equals the average of the Member’s level of target award under the Performance Incentive Plan in effect on each December 31 over the five year period ending on the AIC Date, expressed as a percentage of salary.


For the purposes of calculating B above, the Member’s level of target award under the Performance Incentive Plan at a December 31 that is prior to 2011 shall be deemed to equal the Member’s level of target award under the Performance Incentive Plan at December 31, 2010, and furthermore, the Member’s level of target award under the


Canadian Pacific Railway Company Pension Plan Consolidated as at January 1, 2009
Amendment Number 5    Page 2




Performance Incentive Plan at December 31, 2010 shall be the Member’s level of target award in effect immediately prior to the introduction of the revised level of target awards approved by the Board in February 2011.


This provision shall apply to periods of Management Service.


Effective April 1, 2011,


		
	2.
	Delete paragraph 2.50 and replace it with the following:




2.50    Middle Manager/Executive
“Middle Manager/Executive” means an Employee who holds a permanent position graded Stratum 3 or higher, or equivalent classification under any of the Company’s salary plans.
S. 1418

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

An Act

To provide for the holding of court at Natchez, Mississippi, in the same manner

as court is held at Vicksburg, Mississippi, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. HOLDING OF COURT AT NATCHEZ, MISSISSIPPI.

Section 104(b)(3) of title 28, United States Code, is amended

in the second sentence by striking all beginning with the colon

through ‘‘United States’’.

SEC. 2. HOLDING OF COURT AT WHEATON, ILLINOIS.

Section 93(a)(1) of title 28, United States Code, is amended

by adding after Chicago ‘‘and Wheaton’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
§ 590.424 Reinspection. ( a ) No egg product may be brought into an official plant except as provided in § 590.430(b) unless it has been prepared and handled in accordance with these regulations, and the container of such product is marked so as to identify the article as so inspected in accordance with this part.
( b ) All egg products brought into any official plant shall be identified by the operator of the official plant at the time of receipt at the official plant and shall be subject to reinspection by inspection program personnel at the official plant in such manner and at such times as may be deemed necessary to ensure compliance with the regulations in this part. Upon reinspection, if any such product or portion of it is found to be unsound, unwholesome, adulterated, or otherwise unfit for human food, such product or portion shall be condemned and shall receive such treatment as provided in § 590.422, and shall, in the case of other products, be disposed of according to applicable law.
[36 FR 9814, May 28, 1971, as amended at 85 FR 68679, Oct. 29, 2020]
#### § 115.6 Employee contributions or expenditures.

Nothing in this part shall prohibit the stockholders, officers, or employees of a corporation, the employees, officers, or members of an unincorporated association, cooperative, membership organization, labor organization, or other group or organization which is a Federal contractor from making contributions or expenditures from their personal assets.
[if !vml]>[endif]>
[if !vml]>[endif]>
You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite of catalogingand locator services, including the Catalog of U.S. GovernmentPublications.  Archived copies of publications are retrieved in the eventthat publications are no longer available from the original publishing agencysite. (Historical purposes)
**Title:****John H. ChafeeBlackstone River Valley National Heritage Corridor annual report**** 
SuDocNumber:I29.148:
CGPSystem Number:000704770
 
2001
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 **
### §§861 to 864. Repealed. Pub. L. 92–181, title V, §5.26(a), Dec. 10, 1971, 85 Stat. 624

Section 861, acts July 17, 1916, ch. 245, title I, §20, 39 Stat. 377; Apr. 20, 1920, ch. 154, §5, 41 Stat. 571; Mar. 4, 1921, ch. 151, 41 Stat. 1362; Aug. 13, 1921, ch. 63, 42 Stat. 159; Ex. Ord. No. 6084, Mar. 27, 1933; June 30, 1945, ch. 204, §9, 59 Stat. 268; Aug. 18, 1958, Pub. L. 86–168, title I, §104(b), 73 Stat. 386, authorized issuance of farm loan bonds in amount, denominations, and terms as Farm Credit Administration authorized. See section 2153 of this title.

Section 862, act July 17, 1916, ch. 245, title I, §20, 39 Stat. 377; Ex. Ord. No. 6084, Mar. 27, 1933, directed the Farm Credit Administration to prescribe rules and regulations concerning circumstances and manner in which farm loan bonds shall be paid and retired. See section 2153 of this title.

Section 863, act July 17, 1916, ch. 245, title I, §20, 39 Stat. 377, directed that farm loan bonds be delivered through registrar of the district to bank applying for them.

Section 864, acts July 17, 1916, ch. 245, title I, §20, 39 Stat. 377; Ex. Ord. No. 6084, Mar. 27, 1933; Aug. 18, 1959, Pub. L. 86–168, title I, §104(b), 73 Stat. 386, covered preparation of bonds, custody of plates and dies, exchange for registered bonds, and reexchange for coupons.