alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 327.15 Outside containers of foreign products; marking and labeling; application of official inspection legend. ( a ) The outside container in which any immediate container of foreign product is shipped to the United States shall bear, in English, in a prominent and legible manner: ( 1 ) The name or descriptive designation of the product in accordance with § 317.2 of this subchapter;
( 2 ) The name of the country of origin; and
( 3 ) The establishment number assigned by the foreign meat inspection system and certified to the Program.
( b ) All labeling used with an outside container of foreign product must be approved in accordance with part 317 of this subchapter.
( c ) Except for product offered for entry from Canada, all outside containers of products which have been inspected and passed in accordance with this part shall be marked by a Program import inspector or under a Program import inspector's supervision with the official import meat inspection mark prescribed in § 327.26.
[35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986; 54 FR 41048, Oct. 5, 1989]
#### Frederick Kindorf, Appellant, v. Philip Hoellerer, Respondent.

Motion denied, with ten dollars costs.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6613

DAVID LAMONT GIBSON,

Petitioner - Appellant,

v.

TIMOTHY STEWART, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Deborah K. Chasanow, Senior District 

Judge. (8:15-cv-03304-DKC)

Submitted: September 29, 2016 Decided: October 4, 2016

Before SHEDD, KEENAN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Lamont Gibson, Appellant Pro Se. Jakarra Jenise Jones, 

Assistant United States Attorney, Baltimore, Maryland, for 

Appellee. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

David Lamont Gibson, a District of Columbia prisoner

incarcerated in Maryland, seeks to appeal the district court’s 

order denying relief on his 28 U.S.C. § 2241 (2012) petition. 

The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. 28 U.S.C. § 

2253(c)(1)(A) (2012). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude that 

Gibson has not made the requisite showing. Accordingly, we deny 

a certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
### §1634. Effect of subsequent occurrence

If information disclosed in accordance with this part is subsequently rendered inaccurate as the result of any act, occurrence, or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this part.

(Pub. L. 90–321, title I, §124, May 29, 1968, 82 Stat. 152.)
#### § 156.3 Kind of service; records.

Laws, regulations or other requirements of foreign countries and specifications of contracts for the purchase and sale of animal products, on occasion require vendors of such products to furnish official certificates concerning the class, quality, quantity, or condition of such products to be imported into such countries or to be delivered under the contracts. The service under this part, shall consist of the inspection of the processing, handling, and storage of the products at any plant at which service is furnished and the certification, on the basis of such requirements of foreign countries or such contract specifications, of the class, quality, quantity, or condition of such of the products as are found to conform to such requirements or specifications as the case may be. Processing procedures will be actually supervised. The operator of the plant shall fully inform the inspector with respect to, and the inspector shall actually observe, the processing procedures, handling, and storage of the products intended for certification. The inspector shall keep such records of the temperatures reached, the duration of time the temperatures are maintained, and the pounds of pressure under which the products are cooked in the course of processing, and such other information, as are needed to justify the issuance of the certificates required.

[23 FR 10111, Dec. 23, 1958, as amended at 62 FR 19040, Apr. 18, 1997]
#### In the Matter of Richard Ganz, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

[823 NYS2d 582]

*880Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

As part of intensive cleaning of the block in the correctional facility where petitioner was housed, all of the inmates’ furniture was removed from their cubes and placed in a common area. After the floors were stripped and waxed, the inmates moved the furniture back into the cubes. Petitioner resided alone in a double-bunked cube. Petitioner’s locked locker was returned to his cube along with an empty locker. The empty lockers were not numbered or labeled so as to assure that the lockers were returned to the same cubes from which they were removed. The day after the cleanup, correction officers searching petitioner’s cube found a razor blade taped underneath the empty locker. A misbehavior report charged petitioner with possessing a weapon and possessing contraband. He was found guilty of these charges and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.

Petitioner contends that the determination is not supported by substantial evidence. We agree. While a strong inference of possession arises as to items found in an inmate’s cell or an area over which an inmate has control, even if the inmate did not have exclusive control over the area (see *Matter of Tarbell v Goord,*263 AD2d 563, 564 [1999]), that inference is not absolute. The inference cannot support the determination here. Petitioner denied knowledge of the weapon, all 60 inmates in petitioner’s block had access to the empty locker while it was out of his cube, the locker was only moved into his cube the night before the weapon was found, there is no proof in the record that the lockers were searched prior to their return to the cubes, and there is no proof that the unmarked empty locker returned to petitioner was the same locker removed from his cube. Under the circumstances, the weapon could have been attached to the locker prior to or when it was moved into petitioner’s cube *(compare Matter of Varela v Coughlin,*203 AD2d 630 [1994]). We thus annul the determination, as it was not supported by substantial evidence.

Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ., concur. Adjudged that the determination is annulled, without costs, petition granted and the Commissioner of Correctional Services is directed *to*expunge all references to this matter from petitioner’s institutional record.
May 04,2010 i 1 / ' " 

Petition for Exemption 

JB Aviation LLC 

PO Box 625 

Purchase, NY 10577 

Cell 917-365-4553 

Tel/Fax 800-403-8430 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE. 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

This letter serves as a petition for exemption from 14 CFR 91.147(d) drug and alcohol testing program in 

accordance with 14 CFR 120 as required by Part 119(e)(2) and Part 135.1(a)(5). Requesting company (JB 

Aviation, LLC) is an applicant for an on-demand Au" Carrier Certificate (1JBA533P) as prescribed by 

Title 14 CFR Part 119 and 135, and has submitted in writing to the Farmingdale Flight Service Department 

Office letter of authorization to conduct nonstop passenger-carrying commercial air tours as prescribed 

under Title 14 CFR Part 91.147. 

JB Aviation LLC is currently enrolled in 14 CFR Part 135 Drug and Alcohol testing program in accordance 

with 14 CFR Part 120, under the Air Carrier Certificate number 1JBA533P. 

Current Drug and alcohol testing program information: 

Services provided by: 

Professional Air Charter Services, Inc. 

12817 McGee Street 

Kansas City, MO 64145 

(816)942-2144 

Designated Employee Representative (DER) is: 

Corie Bennett 

Drug-Testing Collection Location is: 

Industrial Medical 

280 N. Central Ave. 

Hartsdale, NY 10530 

(914)437-9430 

Employee Assistance Program (EAP) Services provided by: 

Naadac.org/sap/list 

Medical Review Officer (MRO) is: 

Dr. Benjamin Gerson, MD 

10551 Decatur Road, Suite 200 

Philadelphia, PA 19154 

(800) 624-3784 

JB Aviation, LLC is seeking exemption and authorization to conduct commercial air tour operations 

(certificate number JlBJJBAl) as prescribed under 14 CFR Part 91.147, utilizing the current Drug and 

Alcohol testing program imder its 14 CFR Part 135 Air Carrier Certificate 1JBA533P. 
Granting this exemption will not aflfect the safety requirements of the CFRs and it will continue to benefit 

the public by ensuring that all JB Aviation LLC employees meet the minimiun standards as prescribed by 

the CFRs. It is JB Aviation LLC's intention to utilize the current Part 135 Air Carrier Drug and Alcohol 

Testing Program for employees enrolled in 14 CFR Part 91 commercial air tour operations. ALL 

employees being enrolled in 14 CFR Part 91.147 only operations along with 14 CFR Part 119 and 135 

employees will undergo pre-employment testing and ongoing random drug and alcohol screening as 

prescribed by the current program, and as prescribed by the requirements of 14 CFR Part 120. 

Summary 

This letter serves as a petition for exemption from 14 CFR 91.147(d) drug and alcohol testing program in 

accordance with 14 CFR 120 as required by Part 119(e)(2) and Part 135.1(a)(5). This exemption will allow 

JB Aviation LLC to utilize the current drug and alcohol testing program under its 14 CFR Part 135 

certificate to meet the requirements as prescribed by 14 CFR 91.147 and 14 CFR 120 for commercial air 

tour. 

Corie Betmett 

Vice President and COO 

JB Aviation, LLC
§ 557.1 Definitions; application of provisions. ( a ) When used in this part, the following terms shall be construed to mean: ( 1 ) *Import.* To bring within the territorial limits of the United States whether that arrival is accomplished by land, air, or water.
( 2 ) *Offer for entry.* Presentation of the imported product by the importer to the Program for reinspection.
( 3 ) *Entry.* The point at which imported product offered for entry receives reinspection and is marked with the official mark of inspection in accordance with § 557.26 of this subchapter.
( b ) The provisions of this part shall apply to fish and fish products that are capable of use as human food. Compliance with the conditions for importation of products under this part does not excuse the need for compliance with applicable requirements under other laws, including the provisions in part 94 of chapter I of this title.
II

106TH CONGRESS

1ST SESSION S. 1395

To require the United States Trade Representative to appear before certain

congressional committees to present the annual National Trade Estimate.

IN THE SENATE OF THE UNITED STATES

JULY 20, 1999

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

to the Committee on Finance

A BILL

To require the United States Trade Representative to appear

before certain congressional committees to present the

annual National Trade Estimate.

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

3 SECTION 1. PRESENTATION OF NATIONAL TRADE ESTI4 MATE.

5 Section 181(b)(1) of the Trade Act of 1974 (19

6 U.S.C. 2241(b)(1)) is amended—

7 (1) by striking ‘‘On or before’’ and inserting

8 ‘‘(A) On or before’’;
2

•S 1395 IS

1 (2) in subparagraph (A), as redesignated by

2 paragraph (1), by inserting ‘‘and the Committee on

3 Ways and Means and other’’ after ‘‘Senate,’’; and

4 (3) by adding at the end the following new sub5 paragraph:

6 ‘‘(B) On the date the Trade Representative submits

7 the National Trade Estimate under subparagraph (A), the

8 Trade Representative shall appear before the Committee

9 on Finance of the Senate and the Committee on Ways and

10 Means of the House of Representatives and provide an

11 analysis of the contents of the National Trade Estimate

12 and an outline of the actions (or the reasons for not taking

13 action) with respect to any act, policy, or practice de14 scribed in paragraph (2).’’.

Æ
UAS Maintenance Log

UAS:

DATE: MAINTENANCE PERFORMED: MAINTENANCE PERFORMED BY:

DATE: MAINTENANCE PERFORMED: MAINTENANCE PERFORMED BY:

DATE: MAINTENANCE PERFORMED: MAINTENANCE PERFORMED BY:

DATE: MAINTENANCE PERFORMED: MAINTENANCE PERFORMED BY:

DATE: MAINTENANCE PERFORMED: MAINTENANCE PERFORMED BY:

DATE: MAINTENANCE PERFORMED: MAINTENANCE PERFORMED BY:

DATE: MAINTENANCE PERFORMED: MAINTENANCE PERFORMED BY:
### §4635. Enforcement and jurisdiction

#### (a) Enforcement

The Director may, in the discretion of the Director, apply to the United States District Court for the District of Columbia, or the United States district court within the jurisdiction of which the headquarters of the regulated entity is located, for the enforcement of any effective and outstanding notice or order issued under this subchapter or subchapter II, or request that the Attorney General of the United States bring such an action. Such court shall have jurisdiction and power to order and require compliance with such notice or order.

#### (b) Limitation on jurisdiction

Except as otherwise provided in this subchapter and sections 4619 1 and 4623 of this title, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or enforcement of any notice or order under section 4631, 4632, 4513b, 4636, or 4636a of this title, or subchapter II, or to review, modify, suspend, terminate, or set aside any such notice or order.

(Pub. L. 102–550, title XIII, §1375, Oct. 28, 1992, 106 Stat. 3990; Pub. L. 110–289, div. A, title I, §1154, July 30, 2008, 122 Stat. 2775.)

#### **Editorial Notes**

#### References in Text

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

#### Amendments

2008—Subsec. (a). Pub. L. 110–289, §1154(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "The Director may request the Attorney General of the United States to bring an action in the United States District Court for the District of Columbia for the enforcement of any effective notice or order issued under this subchapter or subchapter II of this chapter or may, under the direction and control of the Attorney General, bring such an action. Such court shall have jurisdiction and power to order and require compliance herewith."

Subsec. (b). Pub. L. 110–289, §1154(2), substituted "4513b, 4636, or 4636a of this title" for "or 4636 of this title".

1 See References in Text note below.
# C_2012013EN.01001403.xml

| 14.1.2012 | EN | Official Journal of the European Union | C 13/14 |
| --- | --- | --- | --- |

14.1.2012

EN

Official Journal of the European Union

C 13/14

---

Order of the General Court of 14 November 2011 — Apple v OHIM — Iphone Media (IPH IPHONE)

(Case T-448/10) (1)

1

(Community trade mark - Partial refusal of registration - Withdrawal of the application for registration - No need to adjudicate)

2012/C 13/30

Language of the case: English

Parties

Parties

Applicant: Apple Inc. (California, United States) (represented by: M. Engelman, Barrister and J. Olsen, Solicitor)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Iphone Media SA (Seville, Spain)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 July 2010 (Case R 1084/2009-4) relating to opposition proceedings between Apple Inc and Iphone Media SA.

Operative part of the order

Operative part of the order

| 1. | There is no need to adjudicate on the action. |
| --- | --- |

1.

There is no need to adjudicate on the action.

| 2. | The applicant shall bear its own costs and pay those incurred by the defendant. |
| --- | --- |

2.

The applicant shall bear its own costs and pay those incurred by the defendant.

---

(1)  OJ C 328, 4.12.2010.

1

---
§ 317.11 Labeling, filling of containers, handling of labeled products to be only in compliance with regulations. ( a ) No person shall in any official establishment apply or affix, or cause to be applied or affixed, any label to any product prepared or received in such establishment, or to any container thereof, or fill any container at such an establishment, except in compliance with the regulations in this subchapter.
( b ) No covering or other container shall be filled, in whole or in part, at any official establishment with any product unless it has been inspected and passed in compliance with the regulations in this subchapter, is not adulterated, and is strictly in accordance with the statements on the label, and such filling is done under the supervision of a Program employee.
( c ) No person shall remove, or cause to be removed from an official establishment any product bearing a label unless such label is in compliance with the regulations in this subchapter, or any product not bearing a label required by such regulations.
### §2057b. Banning of isopropal nitrite and other nitrites

#### (a) In general

Except as provided in subsection (b), volatile alkyl nitrite shall be considered a banned hazardous product under section 2057 of this title.

#### (b) Lawful purposes

For the purposes of section 2057 of this title, it shall not be unlawful for any person to manufacture for sale, offer for sale, distribute in commerce, or import into the United States volatile alkyl nitrites for any commercial purpose or any other purpose approved under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].

#### (c) "Commercial purpose" defined

For purposes of this section, the term "commercial purpose" means any commercial purpose other than for the production of consumer products containing volatile alkyl nitrites that may be used for inhaling or otherwise introducing volatile alkyl nitrites into the human body for euphoric or physical effects.

#### (d) Effective date

This section shall take effect 90 days after November 29, 1990.

(Pub. L. 101–647, title XXXII, §3202, Nov. 29, 1990, 104 Stat. 4917.)

#### **Editorial Notes**

#### References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

#### Codification

Section was enacted as part of the Crime Control Act of 1990, and not as part of the Consumer Product Safety Act which comprises this chapter.
### §13c. Exemption of non-profit institutions from price discrimination provisions

Nothing in the Act approved June 19, 1936, known as the Robinson-Patman Antidiscrimination Act, shall apply to purchases of their supplies for their own use by schools, colleges, universities, public libraries, churches, hospitals, and charitable institutions not operated for profit.

(May 26, 1938, ch. 283, 52 Stat. 446.)

#### **Editorial Notes**

#### References in Text

The Act approved June 19, 1936, known as the Robinson-Patman Antidiscrimination Act, referred to in text, is act June 19, 1936, ch. 592, 49 Stat. 1526, also known as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of this title and amended section 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 13 of this title and Tables.
```
**Exhibit 32.1

                  Certification Pursuant to Section 906 by CFO**

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 this Amendment No. 1 to the quarterly report of Power3
Medical Products, Inc. (the "Company") on Form 10-QSB/A for the period ending
June 30, 2004 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Steven B. Rash, Chief Executive Officer of the
Company, certify, to the best of my knowledge, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

The Report fully compiles with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

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

                                                    /s/ Steven B. Rash
                                                    Steven B. Rash

                                                    Chief Executive Officer
                                                    Power3 Medical Products, Inc.
November 15, 2004
```