alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John Alvin Young, Respondent, v. Archibald S. White, Appellant.

(No. 2.)

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office denying a motion to strike out certain allegations of the complaint and to make other allegations more definite and certain.

McLaughlin, J.:

This action is in equity to compel the defendant to account for certain profits alleged to have been made by him and the plaintiff under a joint venture. The facts upon which a recovery is sought are substantially the same as those set forth in the opinion on the appeal from an order denying a motion to strike out certain allegations of the complaint in the action between the same parties, designated as action No. 1. *(Young*v. White, *No. 1,*158 App. Div. 760.) A similar motion was made in this action as in the other one, viz., to strike out certain allegations of the complaint as irrelevant and redundant, and to make other ahegations more definite and certain. The complaint is somewhat longer than the one in action No. 1, and covers approximately thirty five printed pages, but the essential facts are practically the same. Notwithstanding the fact that the rule as to striking out is somewhat different in an action in equity than it is at law, nevertheless I am of the opinion that the defendant’s motion to strike out as irrelevant and redundant all the paragraphs numbered first, fifth, sixth, seventh, eighth, ninth, tenth, thirteenth, fourteenth, fifteenth and seventeenth should have been granted, and also so much of paragraphs numbered second, thh’d, fourth, eleventh, nineteenth, twenty-sixth, thirtieth, thirty-first, thh’ty-third, designated in the notice of motion under numerals I and II respectively. The defendant also asks in his notice of motion that the complaint be made more definite and certain as to other paragraphs or allegations, but in this respect I think the motion was properly denied. The information here sought to be obtained might properly be considered on a motion for a bill of particulars, but it would serve no useful purpose in the complaint and ought not to be incorporated therein. My opinion, therefore, is that the order appealed from should be modified as indicated in this respect, with ten dollars costs and disbursements to the appellant. The matters stricken out leave the complaint in such condition that the plaintiff should be permitted to serve an amended complaint, in conformity with this opinion, without costs, and the defendant should have the usual time to serve an answer thereto. Ingraham, P. J., Laughlin, Clarke and Scott, J J., concurred. Order modified as directed in opinion, with ten dollars costs and disbursements to appellant. Order to be settled on notice.
----

            COMMISSION REGULATION (EC) No 1122/2004

of 17 June 2004         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 18 June 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 June 2004.

For the Commission

J. M. SILVA RODRÍGUEZ            

Agriculture Director-General

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

----

ANNEX

to the Commission Regulation of 17 June 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘            999            ’ stands for ‘of other origin’.

----
### §§4801 to 4805. Omitted

#### **Editorial Notes**

#### Codification

Sections 4801 to 4805 were omitted as expired pursuant to section 4807 of this title.

Section 4801, Pub. L. 102–335, §2, Aug. 7, 1992, 106 Stat. 859, related to findings, purposes, and definitions.

Section 4802, Pub. L. 102–335, §3, Aug. 7, 1992, 106 Stat. 860, related to Pacific yew conservation and management.

Section 4803, Pub. L. 102–335, §4, Aug. 7, 1992, 106 Stat. 861, related to research regarding ecology of Pacific yew, development of alternative methods of procuring taxol, and propagation of species.

Section 4804, Pub. L. 102–335, §5, Aug. 7, 1992, 106 Stat. 861, related to collection and sale of Pacific yew resources.

Section 4805, Pub. L. 102–335, §6, Aug. 7, 1992, 106 Stat. 862, related to construction of chapter with other laws.

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

#### Short Title

Pub. L. 102–335, §1(a), Aug. 7, 1992, 106 Stat. 859, provided that Pub. L. 102–335 (this chapter) could be cited as the "Pacific Yew Act".
HECO Exhibit 99.3

Hawaiian Electric Company, Inc.

RECONCILIATION OF ELECTRIC UTILITY OPERATING

INCOME PER HEI AND HECO CONSOLIDATED

STATEMENTS OF INCOME



|                                                                                                                            |  |      |         |   |      |   |         |      |  |   |         |  
|--------------------------------------------------------------------------------------------------------------------------- |  | ---- | ------- | - | ---- | - | ------- | ---- |  | - | ------- | -
|Years ended December 31                                                                                                     |  | 2006 |         |   | 2005 |   |         | 2004 | 
|(in thousands)                                                                                                              |  |      |         |   |      |   |         |      | 
|                                                                                                                            |  |      |        
|Operating income from regulated and nonregulated activities before income taxes (per HEI Consolidated Statements of Income) |  | $    | 166,718 |   |      | $ | 161,703 |      |  | $ | 173,903 |  
|Deduct:                                                                                                                     |  |      |         |   |      |   |         |      |  |   |         |  
|Income taxes on regulated activities                                                                                        |  |      | (47,381 | ) |      |   | (45,029 | )    |  |   | (50,059 | )
|Revenues from nonregulated activities                                                                                       |  |      | (4,478  | ) |      |   | (4,674  | )    |  |   | (3,796  | )
|Add:                                                                                                                        |  |      |         |   |      |   |         |      |  |   |         |  
|Expenses from nonregulated activities                                                                                       |  |      | 2,296   |   |      |   | 1,542   |      |  |   | 1,244   |  
|                                                                                                                            |  |      |         |   |      |   |         |      |  |   |         |  
|Operating income from regulated activities after income taxes (per HECO Consolidated Statements of Income)                  |  | $    | 117,155 |   |      | $ | 113,542 |      |  | $ | 121,292 |  
|                                                                                                                            |  |      |         |   |      |   |         |      |  |   |         |
Exhibit 3.1 (iii)


FILED: C353-98
      --------------

JUNE 12 2001

                           CERTIFICATE OF AMENDMENT OF
                        THE ARTICLES OF INCORPORATION OF
                          E-AUCTION GLOBAL TRADING INC.
         (Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)

         The undersigned, being the President and Secretary of e-Auction Global
Trading Inc., do hereby certify:


         1. The name of this corporation is: e-Auction Global Trading Inc.

         2. The articles of incorporation have been amended as follows:


           Article I is amended to read specifically in its entirety:


                                    ARTICLE I
                                      NAME
                                      ----

                  The name of this corporation is Aucxis Corp.

         3. The number of shares of the Corporation outstanding and entitled to
vote on an amendment to the Articles of Incorporation is 66,350,915 shares; the
amendment has been consented to and approved by a majority vote of the
stockholders holding at least a majority of each class of stock outstanding and
entitled to vote thereon at a meeting held 31st day of May 2001.


         4. Dated: June 5, 2001


/s/ Daniel A. McKenzie                           /s/ David W.A. Hackett
----------------------------------            ----------------------------------
Daniel A. McKenzie, President                    David W.A. Hackett, Secretary
#### UNITED STATES of America, Plaintiff-Appellee, v. Nathaniel WATKINS, a/k/a J.R., a/k/a Peanut, a/k/a Nut, Defendant-Appellant.

No. 02-6400.

United States Court of Appeals, Fourth Circuit.

Submitted April 25, 2002.

Decided May 8, 2002.

*112Nathaniel Watkins, Appellant Pro Se. Michael R. Smythers, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

Nathaniel Watkins seeks to appeal the district court’s orders denying his motion filed under 18 U.S.C.A. § 3582(c)(2) (West 2000), which the court construed as being filed under 28 U.S.C.A. § 2255 (West Supp.2001), and denying his motion for reconsideration. We have reviewed the record and the district court’s opinions and find no reversible error. Although the district court construed Watkins’ claim that his base offense level should be reduced to thirty-eight in accordance with Amendment 505 to the sentencing guidelines as being filed under § 2255, the claim was properly brought under § 3582(c)(2). We find that any error in construing that claim is harmless because, applying the Amendment to Watkins’ ease, he is not entitled to relief. We also find that the district court properly denied Watkins’ remaining claims as being successive. Finally, with regard to the denial of his motion for reconsideration, Watkins failed to challenge that order in his informal brief and, therefore, has waived appellate review under 4th Cir. R. 34(b).

Accordingly, we deny a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court. *United States v. Watkins,*Nos. CR-90-260-A; CA-93-1035-AM (E.D. Va. Jan. 4, 2002; Feb. 11, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
EX-31.1                   RULE 13a-14(a)/15d-14(a) CERTIFICATION OF PAUL EGAN

                    RULE 13a-14(a)/15d-14(a) CERTIFICATION

I, Paul Egan, certify that:

1.  I have reviewed this quarterly report on Form 10-QSB/A of
FreeStar Technology Corporation;

2.  Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances
under which such statements were made, not misleading with respect to
the period covered by this report; and

3.  Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all
material respects the financial condition, results of operations and
cash flows of the small business issuer as of, and for, the periods
presented in this report.

Dated: March 25, 2004                  By: /s/  Paul Egan
                                       Paul Egan, President
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## Fluorescent Lamp Ballasts Framework Meeting The Department of Energy (DOE) will hold an informal public meeting as a first step in the rulemaking process to amend energy conservation standards fo r fluorescent lamp ballasts and adopt standards for additional fluo rescent lamps ballasts, if such additional standards are warranted.

Please note that foreign national s visiting DOE headquarters are subject to advance security screening proced ures. Foreign nationals wishing to attend this meeting must inform DOE of this fact by contacting Brenda Edwa rds before January 30, 2008, at (202) 586-2945. The following documents are avai lable as Adobe Acrobat PDFs. Download Acrobat Reader

. 

### Meeting Materials
z Notice of Public Meeting and Availability of the Framework Document, issued by DOE January 14, 2008 ( PDF 55 KB )

z Rulemaking Framework Docume nt for Fluorescent Lamp Ballasts, January 14, 2008 ( PDF 1 MB ) 

### Comments All comments submitted must id entify the Fluorescent Lamp Ballast Rulemaking activity to which it corresponds, with the appropriate docket number and/or regulatory information number (RIN). The docket number and RIN for the fluorescent lamp ballast rule are:

z Docket number EERE-2007-BT-STD-0016 and RIN 1904- AB50 Comments may be submitted using any of the following methods:

z Federal eRulemaking Portal: http://www.regulations.gov and follow the instructions for submitting comments. z E-mail: ballasts.rulemaking@ee.doe.gov Please be sure to include the docket number and/or RIN in the subject line of the message. DATE: Wednesday, February 6, 2008 TIME: 9:00 a.m. - 4:00 p.m. EDT LOCATION: U.S. Department of Energy 1000 Independence Avenue, SW Room 1E-245 Washington, DC 20585 

### Pa g e 1 of 2 A pp liances & Commercial E q ui p ment Standards: Fluorescent Lam p Ballasts Framework Meetin g

1/17/2008 htt p ://www.eere.ener gy . g ov/buildin g s/a pp liance

_ standards/residential/ballast

_ framework

_ mt g .htmlz Mail: Mrs. Brenda Edwards U.S. Department of Energy Building Technologies Program Mailstop: EE-2J 1000 Independence Avenue, SW Washington, DC 20585-0121 Please submit one signed paper original.

z Hand Delivery/Courier: Mrs. Brenda Edwards U.S. Department of Energy 1000 Independence Avenue, SW Washington, DC 20585-0121 Telephone: (202) 586-2945 Please submit one signed paper original.

Printable Version

Webmaster | Security & Privacy | Building Technologies Program Home | EERE Home U.S. Department of Energy Content Last Updated: 01/15/2008 

### Pa g e 2 of 2 A pp liances & Commercial E q ui p ment Standards: Fluorescent Lam p Ballasts Framework Meetin g

1/17/2008 htt p ://www.eere.ener gy . g ov/buildin g s/a pp liance

_ standards/residential/ballast

_ framework

_ mt g .html
# Official Journal C 76A/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.CA2011.076.eng |
| --- | --- |
| Official Journal
  of the European Union | C 76A |
| | |
| English edition | Information and Notices | Volume 5410 March 2011 |

ISSN 1725-2423

doi:10.3000/17252423.CA2011.076.eng

Official Journal

of the European Union

C 76A

English edition

Information and Notices

Volume 5410 March 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2011/C 076A/01 | Reserve lists — Open competition — EPSO/AD/177/10 Administrators (AD 5) | 1 |
| 2011/C 076A/02 | Reserve list — Open competition — EPSO/AD/178/10 Administrators (AD 5) — Librarianship/Information science | 9 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2011/C 076A/01

Reserve lists — Open competition — EPSO/AD/177/10 Administrators (AD 5)

1

2011/C 076A/02

Reserve list — Open competition — EPSO/AD/178/10 Administrators (AD 5) — Librarianship/Information science

9

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 19 | (PL) |
| --- | --- |
| 24 | |
| 35 | (DE/EN/FR) |
| 37 | (PL/RO) |
| 60 | |
| 68 | |
| 76 | (DE/EN/FR) |

19

(PL)

24

35

(DE/EN/FR)

37

(PL/RO)

60

68

76

(DE/EN/FR)

| EN | |
| --- | --- |

EN
### §460y–5. Applicability of mining laws; prospecting commenced or conducted and mining claims located subsequent to October 21, 1970, as subject to regulations; patents issued on mining claims located subsequent to October 21, 1970, as subject to regulations; provisions of regulations; rights of owner of existing valid mining claim as unaffected

(a) Subject to valid existing rights, nothing in this subchapter shall affect the applicability of the United States mining laws on the federally owned lands within the Area, except that all prospecting commenced or conducted and all mining claims located after October 21, 1970, shall be subject to such reasonable regulations as the Secretary may prescribe to effectuate the purposes of this subchapter. Any patent issued on any mining claim located after October 21, 1970, shall recite this limitation and continue to be subject to such regulations. All such regulations shall provide, among other things, for such measures as may be reasonable to protect the scenic and esthetic values of the Area against undue impairment and to assure against pollution of the streams and waters within the Area.

(b) Nothing in this section shall be construed to limit or restrict rights of the owner or owners of any existing valid mining claim.

(Pub. L. 91–476, §6, Oct. 21, 1970, 84 Stat. 1070.)
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           3,978
<SECURITIES>                                   133,279
<RECEIVABLES>                                  797,786
<ALLOWANCES>                                   (7,985)
<INVENTORY>                                     17,930
<CURRENT-ASSETS>                                     0
<PP&E>                                       5,638,005
<DEPRECIATION>                               (971,946)
<TOTAL-ASSETS>                               6,656,630
<CURRENT-LIABILITIES>                                0
<BONDS>                                      4,297,484
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    485,900
<COMMON>                                             1
<OTHER-SE>                                     350,380
<TOTAL-LIABILITY-AND-EQUITY>                 6,656,630
<SALES>                                              0
<TOTAL-REVENUES>                             3,400,588
<CGS>                                                0
<TOTAL-COSTS>                                2,916,245
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 4,926
<INTEREST-EXPENSE>                             307,073
<INCOME-PRETAX>                                172,344
<INCOME-TAX>                                    67,138
<INCOME-CONTINUING>                            105,206
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   105,206
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
(No. 78-CC-0623

#### Dr. Ralph H. Council, Claimant, *v.*State of Illinois, Respondent.

*770
      *Order filed on November 29, 1978.*

This matter comes before the Court on a motion by Respondent to dismiss this cause.

In a recent case, *Jewel Food Stores, Division of Jewel Companies, Inc. v. State of Illinois, No.*77*CC 095,*this Court made a ruling in cases of this nature.

Based upon said decision, Respondent’s motion to dismiss is hereby denied and an award is entered in the amount of $236.41 in favor of Claimant.
#### § 246.7 Appeals.

Pursuant to 8 CFR part 3, an appeal shall lie from a decision of an immigration judge under this part to the Board of Immigration Appeals. An appeal shall be taken within 30 days after the mailing of a written decision or the stating of an oral decision. The reasons for the appeal shall be specifically identified in the Notice of Appeal (Form EOIR 26); failure to do so may constitute a ground for dismissal of the appeal by the Board.
# Official Journal C 345E/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2011.345.eng |
| --- | --- |
| Official Journal
  of the European Union | C 345E |
| | |
| English edition | Information and Notices | Volume 5425 November 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2011.345.eng

Official Journal

of the European Union

C 345E

English edition

Information and Notices

Volume 5425 November 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory acts |
| | COUNCIL |
| 2011/C 345E/01 | Position (EU) No 13/2011 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean SeaAdopted by the Council on 20 October 2011 | 1 |

Notice No

Contents

page

III   Preparatory acts

COUNCIL

2011/C 345E/01

Position (EU) No 13/2011 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean SeaAdopted by the Council on 20 October 2011

1

---

| EN | |
| --- | --- |

EN