alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 9405.8 Appeals of denials of requests for records. ( a ) Any person who has been notified under § 9405.7(i) that his/her request for inspection of a record or for a copy of a record has been denied, or who has received no response within 20 working days (or within such extended period as is permitted under § 9405.7(d)) after the request has been received by the Commission, or who has received no response within 20 days after a request for expedited processing has been received by the Commission, may appeal the adverse determination or the failure to respond by requesting the Commission to direct that the record be made available or that the expedited processing shall occur.
( b ) The appeal request shall be in writing, shall clearly and prominently state on the envelope or other cover and at the top of the first page “FOIA Appeal,” and shall identify the record in the form in which it was originally requested.
( c ) The appeal request should be delivered or addressed to the Chief FOIA Officer, U.S. Election Assistance Commission, 1225 New York Avenue, NW., Suite 1100, Washington, DC 20005.
( d ) The requester may state facts and cite legal or other authorities as he or she deems appropriate in support of the appeal request.
( e ) The Commission will make a determination with respect to any appeal within 20 working days after receipt of the appeal (or within such extended period as is permitted under § 9405.7). If, on appeal, the denial of the request for a record or a copy is in whole or in part upheld, the Commission shall advise the requester of the denial and shall notify him or her of the provisions for judicial review of that determination as set forth in 5 U.S.C. 552(a)(4).
( f ) Because of the risk of misunderstanding inherent in oral communications, the Commission will not entertain any appeal from an alleged denial or failure to comply with an oral request. Any person who has orally requested a copy of a record that he or she believes to have been improperly denied should resubmit the request in writing as set forth in § 9405.7.
§ 153.21 Conformity with requirements. ( a ) *General Rule.* Applications under subparts B and C of this part must conform with the requirements of this part.
( b ) *Rejection of applications.* If an application patently fails to comply with applicable statutory requirements or with applicable Commission rules, regulations, and orders for which a waiver has not been granted, the Director of the Office of Energy Projects may reject the application within 10 days of filing as provided by § 385.2001(b) of this chapter. This rejection is without prejudice to an applicant's refiling a complete application. However, an application will not be rejected solely on the basis of: Environmental reports that are incomplete because the company has not been granted access by the affected landowner(s) to perform required surveys, or environmental reports that are incomplete, but where the minimum checklist requirements of part 380, appendix A of this chapter have been met. An application that relates to an operation, service, or construction concerning which a prior application has been filed and rejected, shall be docketed as a new application. Such new application shall state the docket number of the prior rejected application.
[Order 595, 62 FR 30446, June 4, 1997, as amended by Order 603, 64 FR 26604, May 14, 1999; Order 699, 72 FR 45325, Aug. 14, 2007]
#### § 560.3 Cooperation of States for the Interstate Shipment of Fish and Fish Products.

The provisions in § 321.3 authorizing the Administrator to coordinate with States that have meat inspection programs as provided in § 321.1 of this chapter to select certain establishments operating under these programs to participate in a cooperative program to ship products in interstate commerce apply with respect to fish and fish products inspection.
§ 154.4 Electronic filing of tariffs and related materials. ( a ) *General rule.* All filings made in proceedings initiated under this part must be made electronically, including tariffs, rate schedules, service agreements, and contracts, or parts thereof, and material that relates to or bears upon such documents, such as cancellations, amendments, withdrawals, termination, or adoption of tariffs, and motions relating to suspension.
( b ) *Requirement for signature.* All filings must be signed in compliance with the following: ( 1 ) The signature on a filing constitutes a certification that the contents are true to the best knowledge and belief of the signer, and that the signer possesses full power and authority to sign the filing.
( 2 ) A filing must be signed by one of the following: ( i ) The person on behalf of whom the filing is made;
( ii ) An officer, agent, or employee of the company, governmental authority, agency, or instrumentality on behalf of which the filing is made; or,
( iii ) A representative qualified to practice before the Commission under § 385.2101 of this chapter who possesses authority to sign.
( 3 ) All signatures on the filing or any document included in the filing must comply, where applicable, with the requirements in § 385.2005 of this chapter with respect to sworn declarations or statements and electronic signatures.
( c ) *Format requirements for electronic filing.* The requirements and formats for electronic filing are listed in instructions for electronic filing and for each form. These formats are available through the Commission's website, *https://www.ferc.gov .*
( d ) Only filings filed and designated as filings with statutory action dates in accordance with these electronic filing requirements and formats will be considered to have statutory action dates. Filings not properly filed and designated as having statutory action dates will not become effective, pursuant to the Natural Gas Act, should the Commission not act by the requested action date.
[Order 714, 73 FR 57533, Oct. 3, 2008, as amended by Order 714-A, 79 FR 29076, May 21, 2014; Order 899, 88 FR 74030, Oct. 30, 2023]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
EXHIBIT 27.9:  RESTATED FINANCIAL DATA SCHEDULE
This  schedule  contains  summary  financial   information  extracted  from  the
Company's  February 29, 1996 Transition Period Form 10-K and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<RESTATED>
<CIK> 0000016918
<NAME> CANANDAIGUA BRANDS, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          FEB-29-1996
<PERIOD-END>                               FEB-29-1996
<CASH>                                           3,339
<SECURITIES>                                         0
<RECEIVABLES>                                  142,471
<ALLOWANCES>                                         0
<INVENTORY>                                    341,838
<CURRENT-ASSETS>                               518,020
<PP&E>                                         338,211
<DEPRECIATION>                                  87,573
<TOTAL-ASSETS>                               1,054,580
<CURRENT-LIABILITIES>                          299,966
<BONDS>                                        327,616
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           214
<OTHER-SE>                                     356,292
<TOTAL-LIABILITY-AND-EQUITY>                 1,054,580
<SALES>                                        535,024
<TOTAL-REVENUES>                               535,024
<CGS>                                          396,208
<TOTAL-COSTS>                                  396,208
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,447
<INCOME-PRETAX>                                  6,703
<INCOME-TAX>                                     3,381
<INCOME-CONTINUING>                              3,322
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,322
<EPS-PRIMARY>                                     0.17
<EPS-DILUTED>                                     0.17
        


</TABLE>
EXHIBIT 32.2



ORTHOVITA, INC.

CERTIFICATION BY THE CHIEF FINANCIAL OFFICER

REQUIRED BY RULE 13A-14(B) UNDER THE SECURITIES EXCHANGE ACT OF 1934

AND 18 U.S.C SECTION 1350



I, Joseph M. Paiva, Chief Financial Officer of Orthovita, Inc., a Pennsylvania corporation (the Company), hereby certify that:



(1) The Companys annual report on Form 10-K for the year ended
December 31, 2004 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and



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



/s/ Joseph M. PaivaJoseph M. PaivaChief Financial Officer(Principal Financial Officer)




Date: March 15, 2005
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               SEP-30-1995
<CASH>                                          69,473
<SECURITIES>                                         0
<RECEIVABLES>                                  223,613
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               343,877
<PP&E>                                         736,223
<DEPRECIATION>                                 627,278
<TOTAL-ASSETS>                                 608,327
<CURRENT-LIABILITIES>                          646,728
<BONDS>                                              0
<COMMON>                                     3,485,412
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   608,327
<SALES>                                        496,534
<TOTAL-REVENUES>                               496,534
<CGS>                                          135,151
<TOTAL-COSTS>                                  135,151
<OTHER-EXPENSES>                               386,649
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,190
<INCOME-PRETAX>                               (28,430)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (28,430)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (28,430)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        

</TABLE>
Order filed, January 03, 2014.

In The

Fourteenth Court of Appeals

____________

NO. 14-13-00968-CV

____________

ISAIKA JACKSON, Appellant

V.

SAIA MOTOR FRIEIGHT LINE, LLC, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2012-57417A

ORDER

The reporter’s record in this case was due November 26, 2013. See Tex. R. 

App. P. 35.1. The court has not received a request to extend time for filing the 

record. The record has not been filed with the court. Because the reporter’s record 

has not been filed timely, we issue the following order.

We order Michelle Tucker, the official court reporter, to file the record in 

this appeal within 30 days of the date of this order. 

PER CURIAM
### §26. Injunctive relief for private parties; exception; costs

Any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections 13, 14, 18, and 19 of this title, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff.

(Oct. 15, 1914, ch. 323, §16, 38 Stat. 737; Pub. L. 94–435, title III, §302(3), Sept. 30, 1976, 90 Stat. 1396; Pub. L. 104–88, title III, §318(3), Dec. 29, 1995, 109 Stat. 949.)

#### **Editorial Notes**

#### References in Text

The antitrust laws, referred to in text, are defined in section 12 of this title.

#### Amendments

1995—Pub. L. 104–88 substituted "for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49" for "in equity for injunctive relief against any common carrier subject to the provisions of the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, in respect of any matter subject to the regulation, supervision, or other jurisdiction of the Interstate Commerce Commission."

1976—Pub. L. 94–435 inserted provision authorizing court to award costs, including attorneys' fees, to a successful plaintiff.

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

#### Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
EX-10.1



 EXHIBIT 10.1 

EXPEDIA, INC. 
 THIRD
AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT 
 This Third Amendment to the AMENDED AND RESTATED EMPLOYMENT
AGREEMENT (the “Third Amendment”) is made by and between Mark D. Okerstrom (“Executive”) and Expedia, Inc., a Delaware corporation (the “Company” and together with the Executive
hereinafter collectively referred to as the “Parties”) and is effective as of March 7, 2016 (the “Effective Date”).  

WHEREAS, the Parties previously entered into the AMENDED AND RESTATED EMPLOYMENT AGREEMENT, effective as of October 11, 2011, an
AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT, effective March 7, 2014, and the Second Amendment to the AMENDED AND RESTATED EMPLOYMENT AGREEMENT, effective September 11, 2014 (collectively, the “Employment
Agreement”); and 
 WHEREAS, the Company and Executive desire to amend the Employment Agreement as set forth below; 

NOW, THEREFORE, for good and valuable consideration, Executive and the Company agree that Section 2A of the Employment Agreement
is amended and restated in its entirety as follows: 
 The term (“Term”) of this Agreement shall commence on the Effective
Date and shall continue until, and terminate on, March 7, 2019, unless sooner terminated in accordance with the provisions of Section 1 of the Standard Terms and Conditions. 

IN WITNESS WHEREOF, each of the Parties has executed this Third Amendment, in the case of the Company by its duly authorized officer,
as of the Effective Date. 
  

							
	COMPANY	 		 	EXPEDIA, INC.
			
		 		 	 /s/ Robert J. Dzielak

				
		 		 	By:	 	 Robert J. Dzielak

				
		 		 	Title:	 	 Executive Vice President, General Counsel & Secretary

				
		 		 	Date:	 	 March 7, 2016

			
	EXECUTIVE	 		 	MARK D. OKERSTROM
			
		 		 	 /s/ Mark D. Okerstrom

				
		 		 	Date:	 	 March 7, 2016
<PAGE>



Exhibit 11

                                       Three Months Ended    Nine Months Ended
                                       ------------------    -----------------
                                          December 31,          December 31,
                                          ------------          ------------
                                       1997       1996       1997       1996
                                    ---------  ---------  ---------  ---------
Net Income                          $   5,292  $   3,001  $  15,013  $   9,862
                                    =========  =========  =========  =========
Weighted average  number of  shares    
outstanding                            12,851     12,770     12,832     12,764
                                    =========  =========  =========  =========
Shares used in computation of basic
earnings per common share              12,851     12,770     12,832     12,770
Dilutive  effect   of   outstanding
stock options  and  stock  warrants     
after application of treasury stock     
method                                  1,163        298        974        232
                                    ---------  ---------  ---------  ---------
Common and common equivalent shares
outstanding - diluted                  14,014     13,068     13,806     13,002
                                    =========  =========  =========  =========
Basic earnings per common share     $    0.41  $    0.24   $   1.17  $    0.77 
                                    =========  =========  =========  =========
Diluted earnings per common share   $    0.38  $    0.23  $    1.09  $    0.76 
                                    =========  =========  =========  =========
<PAGE>   1
                                                                   EXHIBIT 23.1


                        CONSENT OF INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-13261) pertaining to the UTI Energy Corp. 1993 Non-qualified
Stock Option Plan, the First Amendment to Termination Agreement and Release, the
UTI Energy Corp. 1996 Employee Stock Option Plan and the UTI Energy Corp.
Non-Employee Director Stock Option Plan of our report dated February 28, 1997
(except Note 13, as to which the date is March 24, 1997), with respect to the
consolidated financial statements and schedule of UTI Energy Corp. included in
its Annual Report (Form 10-K) for the year ended December 31, 1996.


                                              /s/  Ernst & Young LLP

Philadelphia, Pennsylvania
March 26, 1997
* 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. 99-31291

 

WADE P. JACKSON,

Plaintiff-Appellant,

versus

BURL CAIN, Warden, Louisiana State penitentiary,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 98-CV-2837-G

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

June 23, 2000

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

Wade P. Jackson, Louisiana prisoner No. 113076, seeks a

certificate of appealability (COA) to appeal the dismissal of his

habeas corpus application as time-barred by the one-year statute

of limitations in 28 U.S.C. § 2244(d), as amended by the

Antiterrorism and Effective Death Penalty Act of 1996. The

district court determined that Jackson’s second through fifth

state applications for post-conviction relief, which were

dismissed as untimely pursuant to Louisiana Code of Criminal

Procedure article 930.8, were not “properly filed” as that term
No. 99-31291

-2-

** 184 F.3d 467 (5th Cir. 1999).

*** 209 F.3d 383, 385 (5th Cir. 2000). 

is used in § 2244(d)(2), and thus, failed to toll the limitations

period. 

Our recent opinions in Villegas v. Johnson** and Smith v.

Ward*** reflect that Jackson’s third and fourth state applications

for post-conviction relief were, in fact, properly filed for

purposes of § 2244(d) and that they tolled the 28 U.S.C. 

§ 2244(d) limitations period. With this tolling, Jackson’s

federal habeas application is facially timely. Thus, Jackson has

established that the district court erred by dismissing his

petition as untimely. Slack v. McDaniel, ___ U.S. ___, 120 S.

Ct. 1595, 1604 (April 26, 2000). We decline to address the

merits of Jackson’s constitutional arguments as they were never

considered by the district court. See Slack, 120 S. Ct. at 1604. 

 Accordingly, we GRANT Jackson’s motion for a COA, VACATE the

judgment dismissing his § 2254 application as time-barred, and

REMAND the case for consideration of the merits of his claims. 

See Whitehead v. Johnson, 157 F.3d 384, 388 (5th Cir.

1998)(granting COA, vacating district court dismissal of case for

failure to exhaust state remedies, and remanding without

briefing).

MOTION FOR COA GRANTED. VACATED AND REMANDED.
Thunder
Roars  ¥
Go Indoors!/

seek shelter
immediately ina
substantial building or
a hard-topped metal
vehicle!

www.lightningsafety.noaa.gov

* ae *
### **CHAPTER 54—AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT**

Sec.
2701.
Congressional findings and purpose.
2702.
Definitions.
2703.
Advanced systems program implementation by Secretary of Energy.
2704.
Evaluation by Secretary of Transportation on utilization of advanced technology by automobile industry.
2705.
Coordinating and consulting requirements and authorities of Secretary of Energy.
2706.
Informational and testing functions of Secretary of Energy.
2707.
Patents and inventions; statutory provisions applicable; contracts or grants covered.
2708.
Comptroller General audit and examination of books, etc.; statutory provisions applicable; contracts or grants covered.
2709.
Reports to Congress by Secretary of Energy.
2710.
Authorization of appropriations.