alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §698p. Integrated administration and interpretation

Any properties of historic interest acquired under section 698o of this title shall become part of the Preserve established under section 698n of this title. The Secretary shall administer such properties in accordance with a plan that integrates the administration and interpretation of the ecological values of the Preserve and the historical values of the sites so acquired and the historical features of Fort Caroline. Such administration and interpretation shall be conducted through the facilities and staff of Fort Caroline National Memorial consistent with section 2 of the Act of September 21, 1950 (64 Stat. 897).

(Pub. L. 100–249, title II, §203, Feb. 16, 1988, 102 Stat. 15.)

#### **Editorial Notes**

#### References in Text

Section 2 of the Act of September 21, 1950, referred to in text, is section 2 of act Sept. 21, 1950, ch. 973, 64 Stat. 897, which is not classified to the Code.
<PAGE>   1
 
                                                                   EXHIBIT 23(a)
 
                        CONSENT OF INDEPENDENT AUDITORS
 
NORAM ENERGY CORP.:
 
     We consent to the incorporation by reference in NorAm Energy Corp.'s
Registration Statement on Form S-3 No. 333-41017 of our report dated February
20, 1998 (relating to the consolidated financial statements of NorAm Energy
Corp. as of and for the five months ended December 31, 1997 and for the seven
months ended July 31, 1997) appearing in this Combined Annual Report on Form
10-K of Houston Industries Incorporated and NorAm Energy Corp. for the year
ended December 31, 1997.
 
DELOITTE & TOUCHE LLP
 
HOUSTON, TEXAS
MARCH 23, 1998
#### § 106.16 Severability.

If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby.

[85 FR 30573, May 19, 2020. Redesignated at 89 FR 33886, Apr.29, 2024]
United States Bankruptcy Court 

Eastern District of Virginia 

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ORDER SETTING HEARING 

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Date:

Time: 

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If the debtor(s) fails to appear at the hearing, the above-captioned case will be dismissed. 

127,&(Even if the debtor(s) files the required document(s) or makes the required payment(s), 

the debtor(s) must still attend the hearing to explain why he/she/they failed to do so timely. 

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 GXHDQGSD\DEOHLPPHGLDWHO\



BBBBBBBBRQBBBBBBBBBBBBBBBBBBBRQBBBBBBBBBBDQGBBBBBBBBRQBBBBBBBBB

'DWHGBBBBBBBBBBBBBBBBBBBBBBB   William C. Redden, Clerk 

 United States Bankruptcy Court 

 By:BBBBBBBBBBBBBBBBBBBBBBBBBBBBB

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Alexandria

Valinda Marie Dodson 18-13714-KHK

13

Valinda Marie Dodson 11549 Hearthstone Court Reston, VA 20191 FAIRFAX-VA

PRO SE

Thomas P. Gorman, 300 N. Washington St., Suite 400, Alexandria, VA 22314

1725 Duke Street, Suite 650, Alexandria, Virginia 22314

January 3, 2019

11:00am

U. S. Bankruptcy Court, 200 S. Washington St., 3rd Fl., Courtroom III, Alexandria, VA 22314

Failure to timely file Certificate of Credit Counseling

310.00

✔ 115.00 12/11/2018 100.00 01/22/2019 95.00 03/04/201

December 7, 2018

/s/ Angela R. Jones

December 7, 2018

Case 18-13714-KHK Doc 27 Filed 12/07/18 Entered 12/07/18 11:47:34 Desc Main

 Document Page 1 of 1
<PAGE>

                                                                   Exhibit 4.4.1
                                                                   -------------
                            CERTIFICATE OF AMENDMENT
                  TO THE RESTATED CERTIFICATE OF INCORPORATION

                                       of

                            ELECTRIC FUEL CORPORATION

     Electric Fuel Corporation, a corporation organized and existing under and
by virtue of the General Corporation Law of the State of Delaware, DOES HEREBY
CERTIFY:

  FIRST: That in a unanimous written consent of the Board of Directors of
this corporation a resolution was duly adopted setting forth a proposed
amendment to the Amended and Restated Certificate of Incorporation of said
corporation, declaring said amendment to be advisable and calling for the
presentation of said amendment at the annual meeting of the stockholders of said
corporation for consideration thereof. The resolution setting forth the proposed
amendment is as follows:

RESOLVED: That Article Four of the Corporation's Amended and Restated
Certificate of Incorporation be amended to read in its entirety as follows:

          "FOUR:  The total number of shares of all classes of stock which the
           ----
corporation shall have authority to issue is Twenty-nine Million (29,000,000)
consisting of two classes of shares designated as follows:

          A. Twenty-eight Million (28,000,000) shares of Common Stock, $.01 par
value (the "Common Stock"), and

          B. One Million (1,000,000) shares of Preferred Stock, $.01 par value
(the "Preferred Stock")."

  and that such amendment is attached hereto as Exhibit A.

  SECOND:  That thereafter pursuant to resolution of its Board of Directors the
Annual Meeting of the Stockholders of said corporation was duly called and held,
upon notice in accordance with Section 222 of the General Corporation Law of the
State of Delaware, at which meeting a majority of the outstanding stock of the
corporation entitled to vote thereon was voted in favor of the amendments.

  THIRD:  That said amendments were duly adopted in accordance with the
provisions of Section 242 of the General Corporation Law of the State of
Delaware.
### §695o. Limitation on reduction of areas by diking or other construction

The areas of sumps 1(a) and 1(b) in the Klamath project lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge shall not be reduced by diking or by any other construction to less than the existing thirteen thousand acres.

(Pub. L. 88–567, §5, Sept. 2, 1964, 78 Stat. 851.)
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 18

- 15090 Non

- Argument Calendar

________________________ D.C. Docket No. 1:18

- cr - 20514

- KMM

- 2

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

v ersus
GISELL ABERASTURIA, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Southern District of Florida

________________________ ( June 11, 2019 ) Before ED CARNES, Chief Judge, MARTIN, and NEWSOM , Circuit Judges

. PER CURIAM : The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED. United States v. Johnson ,

Case: 18-15090 Date Filed: 06/11/2019 Page: 1 of 22 541 F.3d 1064, 1066 (11th Cir. 2008) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United State s v. Bascomb , 451 F.3d 1292, 129 7 (11th Cir. 2006) ( appeal waiver “cannot be vitiated or altered by comments the court makes during sentencing” )

.

Case: 18-15090 Date Filed: 06/11/2019 Page: 2 of 2
§ 300.228 State agency eligibility. Any State agency that desires to receive a subgrant for any fiscal year under § 300.705 must demonstrate to the satisfaction of the SEA that— ( a ) All children with disabilities who are participating in programs and projects funded under Part B of the Act receive FAPE, and that those children and their parents are provided all the rights and procedural safeguards described in this part; and
( b ) The agency meets the other conditions of this subpart that apply to LEAs.
(Authority: 20 U.S.C. 1413(h))
IIB 

116TH CONGRESS 

2D SESSION H. R. 4975 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2020 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To designate the facility of the United States Postal Service 

located at 1201 Sycamore Square Drive in Midlothian, 

Virginia, as the ‘‘Dorothy Braden Bruce Post Office 

Building’’. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

HR 4975 RFS

1 SECTION 1. DOROTHY BRADEN BRUCE POST OFFICE 

2 BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 1201 Sycamore Square Drive in 

5 Midlothian, Virginia, shall be known and designated as the 

6 ‘‘Dorothy Braden Bruce Post Office Building’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the facility referred to in subsection (a) shall 

10 be deemed to be a reference to the ‘‘Dorothy Braden 

11 Bruce Post Office Building’’. 

Passed the House of Representatives September 14, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42PROD with BILLS
----

Appeal brought on 28 May 2005 by L'Oréal SA against the judgment delivered on 16 March 2005 by the Second Chamber of the Court of First Instance of the European Communities in Case T-112/03 between L'Oréal SA and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), the other party to the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) having been Revlon Suisse SA

(Case C-235/05 P)

(2005/C 205/13)

Language of the case: English

An appeal against the judgment delivered on 16 March 2005 by the Second Chamber of the Court of First Instance of the European Communities in case T-112/03 (1) between L'Oréal SA and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), the other party to the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) having been Revlon Suisse SA., was brought before the Court of Justice of the European Communities on 28 May 2005 by L'Oréal SA, established in Paris (France), represented by Mr Xavier Buffet Delmas d'Autane.

The Appellant claims that the Court should:

Pleas in law and main arguments:

The Appellant submits that the Court of First Instance infringed Article 8(1)(b) of Regulation No 40/94 (2), and did not draw the legal conclusions from its own findings, by refusing to take into account the weak character of the prior mark (such as FLEX) in its assessment of the degree of similarity between this mark and a complex mark (such as FLEXI AIR), in which it was reproduced.

It is submitted that signs are not similar or dissimilar in abstracto, but in concreto (i.e. in light of the perception of the relevant public of such signs). Thus, if the signs had been correctly compared in concreto, the logical conclusion would have been to place less importance on non distinctive signs or prior marks with a weak distinctive character.

The Appellant also contends that the Court of First Instance infringed Articles 36 and 53 of the Statute of the Court of Justice, the contested Judgment being vitiated by a defective statement of reasons. It is submitted that the Court of First Instance breached its duty to state reasons by merely ruling, at paragraph 82, that the ‘weak distinctive character of the earlier mark is not disputed’, without drawing any conclusion on the likelihood of confusion.

----

(1)OJ C 132, 28.05.2005, p. 25.

(2)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, OJ L 11, 14.01.1994, p. 1.

----
#### Charles P. Cox, Individually and as Executor, etc., of Adam P. Steinert, Deceased, Appellant, v. The Travelers Insurance Company of Hartford, Connecticut, Respondent.

Judgment and order affirmed, with costs. All concurred; Robson, J., not sitting.
§ 300.124 Transition of children from the Part C program to preschool programs. The State must have in effect policies and procedures to ensure that— ( a ) Children participating in early intervention programs assisted under Part C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9) of the Act;
( b ) By the third birthday of a child described in paragraph (a) of this section, an IEP or, if consistent with § 300.323(b) and section 636(d) of the Act, an IFSP, has been developed and is being implemented for the child consistent with § 300.101(b); and
( c ) Each affected LEA will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10) of the Act.
(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(9))
#### TC MANUFACTURING CO., INC., Plaintiff-Cross Appellant, v. POLYGUARD PRODUCTS INCORPORATED, Defendant-Appellant.

Nos. 02-1162, 02-1254.

United States Court of Appeals, Federal Circuit.

April 5, 2002.

ORDER

The parties having so agreed, it is

ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).
### SERVE D APRI L 2 a 201 1

WILXERSO N HOZUBI N
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TG I FREIGH T 

# .r,-.RT^^ENTO F U.S . DEPARTMEN T O F TRANSPORTATIO N-i^^TORTATlO N OFFIC E O F HEARING S '•'^"t'OPfRATiON S WASHINGTON , D C •••: ; -P R 2 0 P 2 - 3 U ) )FAADocke t No . CP10NM001 2 )DM S NO . FAA-2010-107 9 )Judg e RICHAR D C . GOODWI N STIPOIATIO NT O KXTEW D DERDLIHE S Th e parties , throug h respectiv e counsel , hereb yagre e t o exten d discover yfro mMa y2 , 2011 , th e curren t deadline , t o Jun e 3 , 2011 , t o acconunodat e deposition s tha t coul d no t b e schedule d withi n th e curren t deadline . Becaus e o f this , th e partie s als o agre e tha t th e Procedura l an d Discover ySchedul e shoul d b e modifie d a s follows ; Clos e o f Discover y Witnes s List s Motio n Matter s Exchang e o f Exhibit s Intende d t o b e Offere d a t Hearin g Objection s t o Exhibit s Pre-Hearin g Brie f

DATE D thi s / ^ da yo f April , 2011 . 6/3/1 1 6/15/1 1 6/16/1 1 6/16/1 1 6/23/1 1 6/23/1 1

WILKERSO NHOZUBI N Attorneys^fo r TG I Freigh t 

### By :

### DATE D t h 

# i s l « [NE L

### da yo f April , 2011 , FEDERA L AVIATIO

NADMINISTRATIO

N Complainan t
Gherym . Jone s

OHDE R Th e parties ^ modifie d Join t Procedura l an d Discover

y Schedul e i s GRANTED *
DATE D thi s "Mf ^ da yo f , 2011 . 

### lonorabyr e RichafCt^ , Goodwi n U.S . Administrativ e La w Judg e

I N 

## Hozimn v naumc w IAI%AKm» i kC^IUET. : Stipulatio nr e Deadline s

I nth e Matte r

o f TG I Freigh t Docke t No . CP10MM001 2 Pag e 2F A A Docke t

No . CP10NM001 2 (Civi l Penalty Action ) SERVIC ELIS T ORIGINA L& ON ECOP Y Federal Aviatio nAdministratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-430 , Wilbu r Wrigh t Building—Suit e 2W1000 '

ON ECOP Y Rebecc aJ . Hozubin , Respondent' s Counse l Wilkerso nHozubi n 31 0 K Street , Suite 40 5 Anchorage , AK

9950 1 Howar dL . Martin , Jr. , Complainant' s Counse l Regional Counsel , Offic e o f Regional Counsel , AAL- 7 AlaskanRegio n Federal Aviatio nAdministratio n 222W.7*Avenue#1 4 Anchorage , A K

99513-758 7 TEL : 907-271-527 3 FAX : 907-271-280 0 Th e Honorabl e Richar dC . Goodwin , Administrativ e Law Judg e U.S . Departmen t

o f Transportatio n Offic e o f Hearings , M-20 , 120 0 Ne w Jerse y Avenue , S.E . Eas t Building , Groun dFloor , Roo mEl2-32 0 Washington , D C 2059 0 TEL : Attorney-Adviso r 202-366-213 9 Legal Assistan t

202-366-512 1 FAX : 202-366-753 6

' Service was by U.S . Mail
. Fo r servic e i npersonor

by expeditedcourier , us e the followin g address : Federa

l Aviatio nAdministration , 600 Independenc e Avenue , S.W. , Wilbu r Wrigl u Building—Suit

e 2W1000 , Washington , D C 20591 ; Attention : Hearing Docke t Clerk, AGC-430 . ' '
<PAGE>   1
                                                                   EXHIBIT 10.49

                          ABM INDUSTRIES INCORPORATED

                             AMENDMENT NO. 3 TO THE

                   "TIME-VESTED" INCENTIVE STOCK OPTION PLAN

      ABM INDUSTRIES INCORPORATED, having established the "Time-Vested"
Incentive Stock Option Plan effective on March 17, 1987, as amended (the
"Plan"), hereby amends the Plan, as of April 19, 1999 as follows:

      Subsection 4(E) of Article II of the Plan is amended by adding a final
sentence to the end of the second paragraph thereof to read as follows:

      Notwithstanding any inconsistent or contrary Plan provisions, in the
event an optionee who is at least age 64 dies while in the service of the
Company or of a subsidiary, all unvested options granted after April 19, 1999
shall immediately vest and become fully exercisable as of the date of such
death.

      IN WITNESS WHEREOF, ABM INDUSTRIES INCORPORATED, by its duly authorized
officer, has executed this Amendment No. 3 on the date indicated below.


                                    ABM INDUSTRIES INCORPORATED

                                    BY:  /s/ LORRAINE P. O'HARA
                                        ----------------------------------

                                    TITLE:  Assistant Secretary
                                           -------------------------------

                                    DATED:  October 13, 1999
                                           -------------------------------
**Exhibit 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Dan Moses, Chief Financial Officer of SimpleTech, Inc. (the “Company”), certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: 

 

(1) the Quarterly Report of the Company on Form 10-Q for the quarterly period ending March 31, 2004, as filed with the Securities and Exchange Commission (the “Report”), fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and 

 

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

 

/s/ DAN MOSES 

                                                   

Dan Moses 

Chief Financial Officer 

 

April 28, 2004
§ 300.177 States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities. ( a ) *States' sovereign immunity.* ( 1 ) A State that accepts funds under this part waives its immunity under the 11th amendment of the Constitution of the United States from suit in Federal court for a violation of this part.
( 2 ) In a suit against a State for a violation of this part, remedies (including remedies both at law and in equity) are available for such a violation in the suit against any public entity other than a State.
( 3 ) Paragraphs (a)(1) and (a)(2) of this section apply with respect to violations that occur in whole or part after the date of enactment of the Education of the Handicapped Act Amendments of 1990.
( b ) *Positive efforts to employ and advance qualified individuals with disabilities.* Each recipient of assistance under Part B of the Act must make positive efforts to employ, and advance in employment, qualified individuals with disabilities in programs assisted under Part B of the Act.
(Authority: 20 U.S.C. 1403, 1405)
[73 FR 73027, Dec. 1, 2008]
#### The People of the State of New York, Respondent, v. John Rizzotto, Appellant.

No opinion. Present — Close, P. J., Hagarty, Carswell, Johnston and Adel, JJ.
### §611a. Permits to cut and remove timber; citizens of Bear Lake County, Idaho

The Secretary of the Interior is authorized to grant permits, subject to the provisions of section 607 of this title, to citizens of Bear Lake County, Idaho, to cut and remove timber on the unappropriated public domain in Lincoln County, Wyoming, for domestic use in Bear Lake County, Idaho: Provided, That no live standing timber shall be taken without compensation.

(Mar. 3, 1891, ch. 561, §8 (part), as added Aug. 21, 1935, ch. 591, 49 Stat. 665.)

#### **Editorial Notes**

#### Codification

Section is derived from act Aug. 1, 1935, which recites that it amends section 8 of act Mar. 31, 1891, which is the source of section 607 of this title, by adding this section thereto. Section 8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a of this title.
### §460p–1. Designation of area; acreage limitation; boundaries; publication in Federal Register

The Secretary of Agriculture (hereinafter called the "Secretary") shall—

(1) designate as soon as practicable after September 28, 1965, the Spruce Knob-Seneca Rocks National Recreation Area within and adjacent to, and as a part of, the Monongahela National Forest in West Virginia, not to exceed in the aggregate one hundred thousand acres comprised of the area including Spruce Knob, Smoke Hole, and Seneca Rock, and lying primarily in the drainage of the South Branch of the Potomac River, the boundaries of which shall be those shown on the map entitled "Proposed Spruce Knob-Seneca Rocks National Recreation Area", dated March 1965, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture; and

(2) publish notice of the designation in the Federal Register, together with a map showing the boundaries of the recreation area.

(Pub. L. 89–207, §2, Sept. 28, 1965, 79 Stat. 843.)