alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 33.10 State government.

All states are eligible to apply for and receive block grants. Section 404 of the Act. State, as defined in the statute, means any state of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. Section 901(a)(2) of the Act.
### §1423d. Commission appointments; compensation, travel expenses, and claims

#### (a) Appointment of United States commissioners

#### (1) Appointment

The United States commissioners on the Commission shall be appointed by the President, in accordance with paragraph 2 of article 8 of the Agreement, after taking into consideration the recommendations of—

(A) the Secretary;

(B) the Secretary of State; and

(C) the Alaska Nanuuq Commission.

#### (2) Qualifications

With respect to the United States commissioners appointed under this subsection, in accordance with paragraph 2 of article 8 of the Agreement—

(A) 1 United States commissioner shall be an official of the Federal Government;

(B) 1 United States commissioner shall be a representative of the Native people of Alaska, and, in particular, the Native people for whom polar bears are an integral part of their culture; and

(C) both commissioners shall be knowledgeable of, or have expertise in, polar bears.

#### (3) Service and term

Each United States commissioner shall serve—

(A) at the pleasure of the President; and

(B) for an initial 4-year term and such additional terms as the President shall determine.

#### (4) Vacancies

#### (A) In general

Any individual appointed to fill a vacancy occurring before the expiration of any term of office of a United States commissioner shall be appointed for the remainder of that term.

#### (B) Manner

Any vacancy on the Commission shall be filled in the same manner as the original appointment.

#### (b) Alternate commissioners

#### (1) In general

The Secretary, in consultation with the Secretary of State and the Alaska Nanuuq Commission, shall designate an alternate commissioner for each member of the United States section.

#### (2) Duties

In the absence of a United States commissioner, an alternate commissioner may exercise all functions of the United States commissioner at any meetings of the Commission or of the United States section.

#### (3) Reappointment

An alternate commissioner—

(A) shall be eligible for reappointment by the President; and

(B) may attend all meetings of the United States section.

#### (c) Duties

The members of the United States section may carry out the functions and responsibilities described in article 8 of the Agreement in accordance with this subchapter and the Agreement.

#### (d) Compensation and expenses

#### (1) Compensation

A member of the United States section shall serve without compensation.

#### (2) Travel expenses

A member of the United States section shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the United States-Russia Polar Bear Commission.

#### (e) Agency designation

The United States section shall, for the purpose of title 28 relating to claims against the United States and tort claims procedure, be considered to be a Federal agency.

(Pub. L. 92–522, title V, §505, as added Pub. L. 109–479, title IX, §902(a), Jan. 12, 2007, 120 Stat. 3663.)
<PAGE>   1

                                                                     EXHIBIT 4.3

          FILED
  IN THE OFFICE OF THE
SECRETARY OF STATE OF THE
    STATE OF NEVADA

     SEP. 13, 1990

     No. C600-97
         ----------
/s/ [DEAN HELLER]
DEAN HELLER, SECRETARY OF STATE


                                  AMENDMENT TO
                          CERTIFICATE OF DESIGNATIONS
                                       OF
             12% CONVERTIBLE REDEEMABLE PREFERRED STOCK, SERIES A-1
                                       OF
                    INTEGRATED COMMUNICATION NETWORKS, INC.


     Pursuant to Section 78-195 of the General Corporation Law of Nevada, the
undersigned duly authorized officer of INTEGRATED COMMUNICATION NETWORKS, INC.,
a Nevada corporation (the "Company"), hereby certify that the following
resolution was duly adopted on September 11, 1999, by the Board of Directors of
the Company pursuant to authority conferred on the Board of Directors by the
provisions of the Certificate of Incorporation of the Company (as amended) and
in accordance with the provisions of the General Corporation Law of Nevada, and
that said resolution has not been amended or rescinded and is in full force and
effect at the date hereof:

     RESOLVED, that pursuant to the authority expressly granted and vested in
the Board of Directors of the Company by the Corporation's Articles of
Incorporation, as amended to date, the Board of Directors hereby amends its 12%
Convertible Redeemable Preferred Stock, Series A-1 to increase the authorized
number of shares from 650,000 to 7,500,000 shares.

The Certificate of Designations of 12% Convertible Redeemable Preferred Stock,
Series A-1 of the Company is hereby amended as follows:

ARTICLE 1 is hereby deleted and replaced in its entirety as follows:

     1.   Number of Shares and Designation. The shares of this series of
preferred stock shall be designated as "12% Convertible Redeemable Preferred
Stock, Series A-1," $.01 par value per share (the "Series A Preferred Stock"),
and the number of shares constituting this series shall be 7,500,000.

ARTICLE 8.1 is hereby amended to insert the words "after December 31, 2000"
after the phrase "at any time" in the first sentence of Article 8.1.

All other provisions shall remain the same.

     IN WITNESS WHEREOF, this Certificate has been executed on behalf of the
Company by the undersigned as of the 11th day of September, 1999.

                                        INTEGRATED COMMUNICATIONS NETWORKS, INC.

                                        By: /s/ David Chadwick
                                            ----------------------------------
                                                David Chadwick, President

/s/ Gary Killoran
------------------------------
    Gary Killoran, Secretary
EXHIBIT 99


<PAGE>



                                  EXHIBIT 99.1

                                   TELMARK LLC

                            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 Form 10-K for the year ended June 30,
2002  (the  "Report")  of  Telmark  LLC (the  "Registrant"),  as filed  with the
Securities and Exchange Commission on the date hereof, I, Daniel J. Edinger, the
Chief Executive Officer of the Registrant  certify,  to the best of my knowledge
that:

(1)      The Report fully complies  with  the  requirements  of section 13(a) or
         15(d) 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 Registrant.


/s/Daniel J. Edinger
-----------------------------------
Daniel J. Edinger
President & Chief Executive Officer

September 27, 2002



<PAGE>


                                  EXHIBIT 99.2

                                   TELMARK LLC

                            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 Form 10-K for the year ended June 30,
2002  (the  "Report")  of  Telmark  LLC (the  "Registrant"),  as filed  with the
Securities  and Exchange  Commission  on the date hereof,  I, Peter J.  O'Neill,
Senior Vice President,  Finance & Control of the Registrant certify, to the best
of my knowledge that:

(1)      The Report fully complies  with  the  requirements  of section 13(a) or
         15(d) 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 Registrant.



/s/ Peter J. O'Neill
----------------------------------------
Peter J. O'Neill
Senior Vice President, Finance & Control

September 27, 2002





<PAGE>
#### UNITED STATES of America ex rel. Donald J. FASS, Petitioner, v. General John YANCY, U.S.A. Commanding Officer, Fort Hamilton Induction Center, Colonel Akst, Director of New York City Headquarters, Selective Service System, and General Louis B. Hershey, Director of the Selective Service System, Respondents.

Civ. A. No. 67-C-445.

United States District Court E. D. New York.

May 25, 1967.

Michelman & Michelman, New York City, for petitioner; Harvey J. Michel-man, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., Eastern District of New York for respondents; Howard L. Stevens, Asst. U. S. Atty., of counsel.

BRUCHHAUSEN, District Judge.

The petitioner, by order to show cause, seeks injunctive relief, compelling the Selective Service System to re-examine the potential inductee medically prior to his induction with the objective of comparing the findings with the medical service standards and a written determination, stating the reason for accepting or rejecting him.

The petitioner alleges that he is not physically fit to serve in the military, according to the Army’s medical standards. This contention was overruled after a complete physical examination conducted at St. Albans Naval Hospital, pursuant to an order of the local draft board. The petitioner is presently subject to induction.

The court in Tamarkin v. Selective Service System, Local Draft Board, No. 47, Miami, Florida, et al., 243 F.2d 108, at page 109 held in part:

> “The operation of the Selective Service procedures cannot be impeded by injunctions in cases such as this. There is no right to a direct judicial review of orders of the draft boards. Witmer v. United States, 348 U.S. 375, 75 S.Ct. 392, 99 L.Ed. 428; Watkins v. Rupert, 2 Cir., 1955, 224 F.2d 47.”

The court in Watkins v. Rupert, supra, held in part at page 48:

> “ * * * Judicial intervention in the selective service selection system— in any case drastically limited, 50 U. S.C. Appendix, § 460(b) — must await the exhaustion by the registrant of all administrative remedies. The exact point at which such remedies have been fully utilized may not always be easy to ascertain, but no judicial review has ever been held appropriate before the registrant has responded, either affirmatively or negatively, to the order of induction. Falbo v. United States, 320 U.S. 549, 64 S.Ct. 346, 88 L.Ed. 305; Estep v. United States, 327 U.S. 114, 66 S.Ct. 423, 90 L.Ed. 567; Wit*46mer v. United States, 348 U.S. 375, 75 S.Ct. 392, 99 L.Ed. 428. Certainly no adequate showing of danger of irreparable harm, prerequisite to any kind of injunctive relief, can be made so long as the registrant has not decided whether or not to obey the induction order and before the government has decided whether or not to prosecute if he decides not to report. And if plaintiff Watkins is unwilling to run the gamut of criminal prosecution, he can test the legality of his induction after he has submitted to it by suing out a writ of habeas corpus.”

The motion in all respects is denied and petition dismissed.

Settle order on two (2) days’ notice.
# C_2011226EN.01001201.xml

| 30.7.2011 | EN | Official Journal of the European Union | C 226/12 |
| --- | --- | --- | --- |

30.7.2011

EN

Official Journal of the European Union

C 226/12

---

Reference for a preliminary ruling from the Rechtbank Haarlem (Netherlands) lodged on 16 May 2011 — DHL Danzas Air & Ocean (Netherlands) BV v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp Saturnusstraat

(Case C-227/11)

2011/C 226/23

Language of the case: Dutch

Referring court

Referring court

Rechtbank Haarlem

Parties to the main proceedings

Parties to the main proceedings

Applicant: DHL Danzas Air & Ocean (Netherlands) BV

Applicant:

Defendant: Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp Saturnusstraat

Defendant:

Questions referred

Questions referred

| 1. | Must the active network analysers [of the type J6801B] be classified under heading 9030 40 or under heading 9031 80? |
| --- | --- |

1.

Must the active network analysers [of the type J6801B] be classified under heading 9030 40 or under heading 9031 80?

| 2. | Is Commission Regulation (EC) No 129/2005 (1) of 20 January 2005 ... invalid because in that regulation the Commission incorrectly classified the network analysers mentioned in points 3 and 4, namely, under CN code 9031 80 39, instead of under code 9030 40? |
| --- | --- |

2.

Is Commission Regulation (EC) No 129/2005 (1) of 20 January 2005 ... invalid because in that regulation the Commission incorrectly classified the network analysers mentioned in points 3 and 4, namely, under CN code 9031 80 39, instead of under code 9030 40?

1

---

(1)  Concerning the classification of certain goods in the Combined Nomenclature and amending Regulation (EC) No 955/98 (OJ 2005 L 25, p. 37).

1

---
#### Jane Pedreira, Appellant, v Jorge Pedreira, Defendant. Jo Ann Douglas, Esq., as Law Guardian, Respondent.

[822 NYS2d 707]

Order, Supreme Court, New York County (Saralee Evans, J.), entered on or about June 24, 2005, which, in postjudgment matrimonial proceedings, granted the Law Guardian’s motion to recover legal fees and costs from plaintiff and directed entry of judgment in the Law Guardian’s favor for such fees and costs, unanimously affirmed, with costs.

The Law Guardian’s motion for fees was properly granted without a hearing. Plaintiff never requested a hearing and never challenged the reasonableness of the fees sought, despite being in possession of all or nearly all of the Law Guardian’s billing records for up to three years. Moreover, plaintiff never raised any factual issue. No triable issue of fact was raised by plaintiffs baseless allegations that the Law Guardian had been biased against her. Finally, the court properly awarded the Law Guardian costs incurred by her in bringing the instant motion *(see O’Shea v O’Shea,*93 NY2d 187, 193 [1999]), especially since the record discloses that plaintiff has unreasonably caused this protracted fee litigation. Concur—Tom, J.E, Mazzarelli, Andrias, Sweeny and Malone, JJ.
### §3331. Fleet adjustment program

#### (a) In general

The Secretary of Commerce (hereinafter referred to in this subchapter as the "Secretary"), upon approval of a program submitted pursuant to section 3333 of this title, is authorized to distribute Federal funds to the State of Washington (hereinafter in this subchapter referred to as the "State"), subject to the standards, conditions, and restrictions set forth in this subchapter, for the purchase of commercial fishing and charter vessels (including the associated fishing gear) and licenses by the State in accordance with the provisions of this subchapter. The Federal share payable under this subchapter shall not exceed 75 percent of the total cost of the program.

#### (b) Legal title

Title to any vessel or other personal property purchased under a State program approved by the Secretary in accordance with the provisions of this subchapter shall vest upon purchase in the State. If the State sells such vessels or other property, title may pass in accordance with such sale.

(Pub. L. 96–561, title I, §130, Dec. 22, 1980, 94 Stat. 3283.)
Editorial Note on Subpart C of Part 42
Editorial Note: Nomenclature changes to subpart C of part 42 appear by Order No. 2679-2003, 68 FR 51364, Aug. 26, 2003.

§ 42.106 Compliance information. ( a ) *Cooperation and assistance.* Each responsible Department official shall, to the fullest extent practicable, seek the cooperation of recipients in obtaining compliance with this subpart and shall provide assistance and guidance to recipients to help them comply voluntarily with this subpart.
( b ) *Compliance reports.* Each recipient shall keep such records and submit to the responsible Department official or his designee timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the responsible Department official or his designee may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this subpart. In general, recipients should have available for the Department racial and ethnic data showing the extent to which members of minority groups are beneficiaries of federally assisted programs. In the case in which a primary recipient extends Federal financial assistance to any other recipient or subcontracts with any other person or group, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this subpart.
( c ) *Access to sources of information.* Each recipient shall permit access by the responsible Department official or his designee during normal business hours to such of its books, records, accounts, and other sources of information, and its facilities, as may be pertinent to ascertain compliance with this subpart. Whenever any information required of a recipient is in the exclusive possession of any other agency, institution, or person and that agency, institution, or person fails or refuses to furnish that information, the recipient shall so certify in its report and set forth the efforts which it has made to obtain the information.
( d ) *Information to beneficiaries and participants.* Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this subpart and its applicability to the program for which the recipient receives Federal financial assistance, and make such information available to them in such manner, as the responsible Department official finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this subpart.
[Order No. 365-66, 31 FR 10265, July 29, 1966, as amended by Order No. 519-73, 38 FR 17955, July 5, 1973]
INITI AL REVIEW ENGI NEERI NG REPORT 

PMN : 15- 0378 

Focus Ready Draft 5 / 1 8/2015 

MSDS : Yes Label : No 

Gen Eqpt : Gloves f or repeat ed or prol o nged exposu re : Ni tri le r u bber 

(NBR), t h ickness : > 0 . 56 mm, break t hrough time : up to 480 mi n /Gl oves 

for short ter m exposu re : Ni t r i l e rubber (NBR) , t h ickness : 0 . 1 mm, b r eak 

t h rough time : u p t o 30 min/Wear eye/face prot ecti on s u ch as chemi cal 

spl ash proof goggl es o r f ace shi e l d . /Wear impermeabl e g l oves a nd 

s u i table prot ect ive c l othing . /Local exh aust vent i l ation 

Respirator : Full Face Mas k wi th organic vapor cartridge, Type A f ilter 

(BP >65°C)/Recommended respirator s shou l d be cer tifi ed by NIOSH 

Heal t h Ef f ect s : May cau se a n a llergi c ski n react ion/Aquati c 

t oxi cit y/May cau se s k in i r r itati on or sensiti zat ion 

TLV/ PEL: 

None establ ished . 
Re l ated C 

Ana l ogs: 

Migrat 

5/08/ 2 01 5) : 

PBT rating : Pl Bl T2 

Heal t h : 1- 2 Dermal, I nh a l a t ion 

Eco : 1 No releases to water 
OCCUPAT I ONAL EXPOSURE RATI NG : 2 - 3C 

NOTES & KEY ASSUMPTIONS : 

POLLUTION PREVENT I ON CONSI DERATI ONS : 

None . 

EXPOSURE- BASED REVI EW : No 
INI TI AL REVIEW ENGI NEERI NG REPORT 

PMN : 1 

PROC : 

Numbe 

unknown site 

Days/yr: 1 2 

1 

I nhal a t i on : 

ne 
INI TI AL REVIEW ENGI NEERI NG REPORT 

PMN : 

unknown site(s) 

Days/yr: 250
Order entered January 28 , 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 14
- 00523
- CR
CRISTAL PAULLETT RIC HARDSON, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6

Dallas County, Texa s Trial Court Cause No. F13
- 00479
- X



### O RDER
The Court GRANTS the January 23, 2015 motion of Lori Ordiway to withdraw as appellant’s counsel. We DIRECT the Clerk to remove Lori Ordiway as appellant’s attorney of
record.
We ORDER the trial court to appoint new counsel to represent appellant in this appeal and to transmit to this Court, within FIFTEEN DAYS of the date of this order, the supplemental record containing the order appointing new counsel.
We DIRECT the Clerk to send copies of this order, by electr onic transmission, to the Honorable Jeanine Howard, Presiding Judge, Criminal District Court No. 6; Felicia Pitre, Dallas County District Clerk; Lori Or d i way; and the Dallas County District Attorney’s Office.We ABATE the appeal to allow the trial court to comply with this order. The appeal will

be reinstated fifteen days from the date of this order or when the order appointing new counsel is
received.
/s/ ADA BROWN JUSTICE
#### § 367.106 Accounts 426.1, 426.2, 426.3, 426.4, and 426.5, Miscellaneous expense accounts.

These accounts must include miscellaneous expense items which are nonoperating in nature but which are properly deductible before determining total income before interest charges.
Exhibit 10.4

                             PROPOSED AMENDMENT
                                   TO THE
                         HANNAFORD CASH BALANCE PLAN

     The Hannaford  Cash Balance Plan (the "Plan") was last amended and restated
effective  generally January 1, 1998. The Plan was thereafter amended by a First
Amendment,  effective  generally  February 18, 1998.  The Plan is hereby further
amended in the following respects:

     1. The terms used in this  Amendment  shall have the  meanings set forth in
the Plan unless the context indicates otherwise.

     2. The first paragraph of Section 1.11 is amended to read as follows:

          "1.11 'Compensation' shall mean the basic compensation paid,
     before any reduction pursuant to a deferral election under a Code
     Section 401(k) Plan or a benefit election under a Code Section 125
     Plan sponsored by an Employer, to a Participant by an Employer,
     Including compensation for incentive hours and excluding
     reimbursements or other expense allowances, fringe benefits (cash and
     non-cash), moving expenses, deferred compensation, welfare benefits
     (other than short term disability payments), unguaranteed overtime
     pay, bonuses and other irregular payments."

     3. The second to the last  paragraph  of Section 1.23 is amended to read as
follows:

          "In the case of any salaried or salaried nonexempt Employee or,
     with respect to service after December 31, 1982, any Driver Employee
     or any full-time Employee of Progressive Distributors, Inc. who is
     employed as a truck driver, such an Employee shall be credited with
     forty-five (45) Hours of Service for each week for which such Employee
     is required to be credited with at least one (1) Hour of Service in
     accordance with paragraphs (i), (ii), or (iii) of subsection (c) of
     this Section or in accordance with paragraph (ii) of subsection (b) of
     this Section."

     4. Part 2 of this Amendment shall be effective  January 1, 2000, and Part 3
of this Amendment shall be effective January 1, 1998.