alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §3712c. Transferred

#### **Editorial Notes**

#### Codification

Section 3712c was editorially reclassified as section 10105 of Title 34, Crime Control and Law Enforcement.
#### In the Matter of Littner Soderstrom, Petitioner, against New York State Liquor Authority, Respondent.

Determination annulled, with $50 costs and disbursements. Memorandum: The authority failed to establish by substantial evidence that on or about September 12,1951, petitioner sold alcoholic beverages to a minor under the age of eighteen years, in violation of subdivision 1 of section 65 of the Alcoholic Beverage Control Law. All concur. (Review of a determination of the State Liquor Authority canceling petitioner’s restaurant liquor license.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.
#### John Legrand, Plaintiff, v D.U. Second Realty Co. et al., Defendants and Third-Party Plaintiffs-Respondents. Ferlin Service Industries, Inc., Third-Party Defendant-Appellant.

[716 NYS2d 304]

—Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about October 25, 1999, which denied the third-party defendant’s motion for summary judgment dismissing the third-party complaint and all cross claims, unanimously affirmed, without costs.

Because the conditional order striking the third-party defendant’s answer became self-executing upon failure to comply with its terms *(see, Dimitratos v City of New York,*180 AD2d 414; *Matter of Simmons v Board of Educ.,*169 AD2d 727), the third-party defendant had no pleading before the court. Accordingly, its motion for summary judgment was untimely and properly denied *(see, Alro Bldrs. & Contrs. v Chicken Koop,*78 AD2d 512; CPLR 3212 [a]). In any event, summary judgment in favor of the third-party defendant was unavailable on the merits since there exist material issues of fact as to whether it created the alleged hazardous condition or had notice thereof. Concur — Rosenberger, J. P., Nardelli, Ellerin, Lerner and Andrias, JJ.
§ 1008.205 What must I include in my drug-free workplace statement? You must publish a statement that— ( a ) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace;
( b ) Specifies the actions that you will take against employees for violating that prohibition; and
( c ) Lets each employee know that, as a condition of employment under any award, he or she: ( 1 ) Will abide by the terms of the statement; and
( 2 ) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction.
§ 513.505 Broadcasting Board of Governors responsibilities. ( a ) The Board shall provide GSA with current information concerning debarments, suspension, determinations of ineligibility, and voluntary exclusions it has taken. Until February 18, 1989, the Board shall also provide GSA and OMB with information concerning all transactions in which Broadcasting Board of Governors has granted exceptions under § 513.215 permitting participation by debarred, suspended, or voluntarily excluded persons.
( b ) Unless an alternative schedule is agreed to by GSA, the Board shall advise GSA of the information set forth in § 513.500(b) and of the exceptions granted under § 513.215 within five working days after taking such actions.
( c ) The Board shall direct inquiries concerning listed persons to the agency that took the action.
( d ) Board officials shall check the Nonprocurement List before entering covered transactions to determine whether a participant in a primary transaction is debarred, suspended, ineligible, or voluntarily excluded (Tel. #).
( e ) Board officials shall check the Nonprocurement List before approving principals or lower tier participants where Board approval of the principal or lower tier participant is required under the terms of the transaction, to determine whether such principals or participants are debarred, suspended, ineligible, or voluntarily excluded.
#### Barbara Goldstein, Respondent, v. Herman Schwarcz, Appellant.

Judgment unanimously affirmed, with costs to respondent. No opinion. Concur — Botein, P. J., Breitel, Rabin, McNally and Eager, JJ.
EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. SS.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection  with the Quarterly  Report of Advanced Optics  Electronics,  Inc.
(the  "Company") on Form 10-QSB for the three months ended September 30, 2004 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, John Cousins,  Chief Financial  Officer of the Company,  certify,
pursuant  to 18 U.S.C.  ss.1350,  as  adopted  pursuant  to  Section  906 of the
Sarbanes-Oxley Act of 2002, that:

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

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

                                                 /S/ John Cousins
                                                 -----------------------
                                                 Chief Financial Officer
                                                 November 15, 2004

A signed  original of this written  statement  required by Section 906, an other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906,  has been  provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
,I

•

RCRA REVISION CHECKLIST 40

List (Phase 1) of Hazardous Constituents for

Ground-Water Monitoring

52 LR 25942-25953

July 9, 1987

(Non-HSWA Cluster IV)

FEDERAL

REQUIREMENT

FEDERAL

RCRA

CITATION

ANALOGOUS

STATE

CITATION

STATE ANALOG IS:

MORE BROADEQUIV- STRIN- ER IN

ALENT GENT SCOPE

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS

•

DETECTION MONITORING PROGRAM

replace Appendix VIII,

Part 261 reference

with reference to

Appendix IX, Part 264 264,98(g)(2)

remove Appendix

VIII reference 264,98(g)(3)

remove Appendix

VIII reference 264.98(g)(4)(i)

COMPLIANCE MONITORING PROGRAM

WAC 173-303

-645(9)(g)(ii) X

-64S(9)(g)(iii) X

-645(9)(g)(iv)

(A) X

WAC 173-303

presence/concentration

of Appendix IX con-'

stituents; remove 261,

Appendix VIII

reference 264,99(g) -645 (10) (g) X

APPENDIX IX - GROUND-WATER MONITORING LIST

WAC 173-303

add new appendix Appendix IX -645(4)(a) X

•

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE

PERMIT PROGRAM

SUBPART B - PERMIT APPLICATION

CONTENTS OF PART B: GENERAL REQUIREMENTS WAC 173-303

July 9, 1987 - Page 1 of 2
RCRA REVISION CHECKLIST 40: List (Phase 1) of Hazardous Constituents

for Ground-Water Monitoring (cont'd)

•t

•

FEDERAL

REQUIREMENT

FEDERAL

RCRA

CITATION

ANALOGOUS

STATE

CITATION

STATE ANALOG IS;

MORE -BROADEQUIV- STRIN- ER IN

ALENT GENT SCOPE

•

remove Appendix VIII,

Part 261 reference;

replace with

Appendix IX,

Part 264 reference 270.14(c)(4)(ii)

-806(4)(a)(xx)(D)(11)

X

• July 9, 1987 - Page 2 of 2
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-11-00317- CR

Benni e F uelberg, Appellant

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F B LANCO CO UNTY, 424 TH JUDICI AL DISTRICT NO. CR0101 5, H ONO RAB LE DANIEL H . M ILLS, J UDGE P RESIDING
O R D E R
P ER CURIAM

We abate d this appea l and rema nded this cause for a new hear ing, with instructions to
a d d r e s s w h e th e r , u

n d e r a n o b je c ti v e r e a s o n a

b le
- p e r s o n s ta

n d a r d , th e H o n o r a

b le Ju d g e D a

n ie l H
. M il ls (1) was disqualified as an injured party from hear ing this case or (2) should hav e b ee n re cu sed beca use hi s impartiality might reasonably be questioned. See Fuelberg v. S t ate , 410 S.W .3d 498, 510–11 (Tex. App.—Austin 2013, no pet.). The district court has since filed a supplemental cler k’s
rec ord with an order concluding that J udg e Mills was not disqualified and should not h av e been
rec used. This appe al is reinstated.

We r equest supplemental briefing s from the pa rties on the limited issue of whether the district court err ed in concluding that J udg e Mills should not have been disqualified or rec used.The appellant should file his brief no later than Fe bruar y 6, 2014. The State’s response will be due within thirty

(30) da y s of the filing of the a

ppellant’s brie f. I t is so ordered this 7th day of January

2014.

Be fore Chief J ustice Jones, J ustices Pemberton a nd Field Do Not Publish

2
#### Valentine Gotthardt, Jr., Appellant, v Dairylea Cooperative, Inc., et al., Respondents.

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Orange County, entered November 19, 1975, which is in favor of defendants, upon a jury verdict, after a trial limited to the issue of liability only. Judgment affirmed, with costs. The record amply sustains the verdict. Cohalan, Acting P. J., Hawkins, Suozzi and Mollen, JJ., concur.
### §3715. Transferred

#### **Editorial Notes**

#### Codification

Section 3715, formerly classified as a note under section 3712 of this title, was editorially reclassified as section 10110 of Title 34, Crime Control and Law Enforcement.
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection  with the Quarterly  Report of Advanced Optics  Electronics,  Inc.
(the  "Company")  on Form  10-QSB for the three  months  ended March 31, 2006 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, Leslie Robins,  Chief Executive Officer of the Company,  certify,
pursuant  to 18 U.S.C.  ss.1350,  as  adopted  pursuant  to  Section  906 of the
Sarbanes-Oxley Act of 2002, that:

1.       The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934; 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/ Leslie Robins
                                                         ----------------------
                                                         Chief Executive Officer
                                                         May 18, 2006


A signed  original of this written  statement  required by Section 906, an other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906,  has been  provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       2,633,374
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                            11,120,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 17,230,314
<INVESTMENTS-CARRYING>                       4,896,858
<INVESTMENTS-MARKET>                         5,259,426
<LOANS>                                     55,014,541
<ALLOWANCE>                                    994,112
<TOTAL-ASSETS>                              93,184,327
<DEPOSITS>                                  83,324,982
<SHORT-TERM>                                   810,000
<LIABILITIES-OTHER>                            610,570
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,500,000
<OTHER-SE>                                   6,938,775
<TOTAL-LIABILITIES-AND-EQUITY>              93,184,327
<INTEREST-LOAN>                              2,523,554
<INTEREST-INVEST>                              482,252
<INTEREST-OTHER>                               338,403
<INTEREST-TOTAL>                             3,344,209
<INTEREST-DEPOSIT>                           1,556,500
<INTEREST-EXPENSE>                           1,567,231
<INTEREST-INCOME-NET>                        1,776,978
<LOAN-LOSSES>                                  180,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                886,661
<INCOME-PRETAX>                                948,320
<INCOME-PRE-EXTRAORDINARY>                     948,320
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   630,876
<EPS-BASIC>                                       2.11
<EPS-DILUTED>                                     2.11
<YIELD-ACTUAL>                                    4.17
<LOANS-NON>                                    763,682
<LOANS-PAST>                                     4,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                              1,010,393
<ALLOWANCE-OPEN>                               929,482
<CHARGE-OFFS>                                  134,190
<RECOVERIES>                                    18,820
<ALLOWANCE-CLOSE>                              994,112
<ALLOWANCE-DOMESTIC>                           994,112
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
§ 196.2 How is the Fellowship Program administered? ( a ) *Eligibility.* Eligibility will be determined annually by the Department of State and publicized nationwide. Fellows must be United States citizens.
( b ) *Provisions.* The grant awarded to each individual student shall not exceed $250,000 for the total amount of time the student is in the program. Fellows are prohibited from receiving grants from one or more Federal programs, which in the aggregate would exceed the cost of his or her educational expenses. Continued eligibility for participation is contingent upon the Fellow's ability to meet the educational requirements set forth in paragraph (c) of this section.
( c ) *Program requirements.* Eligibility for participation in the program is conditional upon successful completion of pre-employment processing specified by the Department of State, including background investigation, medical examination, and drug testing. As a condition of eligibility for continued receipt of grant funds, fellows are required to complete prescribed coursework and maintain a satisfactory grade point average as determined by the Department of State. Fellows are also required to accept employment with the Department of State's Foreign Service upon successful completion of the program, and Foreign Service entry requirements. Fellows must continue employment for a period of one and one-half years for each year of education funded by the Department of State.
#### The People of the State of New York, Respondent, v. Ernest Jackson, Appellant.

Motion to resettle order entered February 22, 1962 denied. Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.
§ 3.9 Disposal of gifts and decorations which become the property of the United States. ( a ) Gifts and decorations which have been reported to an employing agency shall either be returned to the donor or kept in safe storage pending receipt of instructions from the General Services Administration for transfer, donation or other disposal under the provisions of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended, and the Federal Property Management Regulations (41 CFR part 101-49). The employing agency shall examine each gift or decoration and the circumstances surrounding its donation and assess whether any adverse effect upon the foreign relations of the United States might result from a return of the gift (or decoration) to the donor, which shall be the preferred means of disposal. If this is not deemed feasible, the employing agency is required by GSA regulations to report deposit of the gift or decoration within 30 calendar days, using Standard Form 120, Report of Excess Personal Property and, as necessary, Standard Form 120A, Continuation Sheet, and citing section 7342 of title 5, U.S. Code (1976), on the reporting document. Such reports shall be submitted to the General Services Administration, Washington National Capital Region (WDPO), Attention: Federal Property Resources Service, Seventh and D Streets, SW., Washington, DC 20407.
( b ) No gift or decoration deposited with the General Services Administration for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. When depositing gifts or decorations with the designated depository office of their employing agency, employees may indicate their interest in participating in any subsequent sale of the items by the Government. Before gifts and decorations may be considered for sale by the General Services Administration, however, they must first have been offered for transfer to Federal agencies and for donation to the States. Consequently, employees should understand that there is no assurance that an item will be offered for sale, or, if so offered, that it will be feasible for an employee to participate in the sale. Employees are reminded in this connection that the primary aim of the Act is to discourage employees' acceptance of gifts of more than minimal value.
### §4909. Prohibited acts

(a) Except as otherwise provided in subsection (b), the following acts or the causing thereof are prohibited:

(1) In the case of a manufacturer, to distribute in commerce any new product manufactured after the effective date of a regulation prescribed under section 4905 of this title which is applicable to such product, except in conformity with such regulation.

(2)(A) The removal or rendering inoperative by any person, other than for purposes of maintenance, repair, or replacement, of any device or element of design incorporated into any product in compliance with regulations under section 4905 of this title, prior to its sale or delivery to the ultimate purchaser or while it is in use, or (B) the use of a product after such device or element of design has been removed or rendered inoperative by any person.

(3) In the case of a manufacturer, to distribute in commerce any new product manufactured after the effective date of a regulation prescribed under section 4907(b) of this title (requiring information respecting noise) which is applicable to such product, except in conformity with such regulation.

(4) The removal by any person of any notice affixed to a product or container pursuant to regulations prescribed under section 4907(b) of this title, prior to sale of the product to the ultimate purchaser.

(5) The importation into the United States by any person of any new product in violation of a regulation prescribed under section 4908 of this title which is applicable to such product.

(6) The failure or refusal by any person to comply with any requirement of section 4910(d) or 4912(a) of this title or regulations prescribed under section 4912(a), 4916, or 4917 of this title.

(b)(1) For the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security, the Administrator may exempt for a specified period of time any product, or class thereof, from paragraphs (1), (2), (3), and (5) of subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare.

(2) Paragraphs (1), (2), (3), and (4) of subsection (a) shall not apply with respect to any product which is manufactured solely for use outside any State and which (and the container of which) is labeled or otherwise marked to show that it is manufactured solely for use outside any State; except that such paragraphs shall apply to such product if it is in fact distributed in commerce for use in any State.

(Pub. L. 92–574, §10, Oct. 27, 1972, 86 Stat. 1242.)
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

NUANCE COMMUNICATIONS, INC,

Plaintiff,

 v.

ABBYY SOFTWARE HOUSE, ET AL., 

Defendants.

AND ALL RELATED CASES.

 /

No. C 08-02912 JSW

ORDER RE PRIOR ART

REFERENCES AND CASE

MANAGEMENT

On July 2, 2010, during the case management conference, this Court entered an order

requiring Defendants to identify no more than 20 prior art references prior to claim

construction. Since the time of that order, the Court has received three letters from the parties

contesting that ruling. The Court has reviewed the parties’ joint case management statement,

heard the oral argument, and reviewed the submitted letters. For the reasons set forth during the

case management conference, the Court maintains the current schedule. The parties must meet

and confer to arrive a mutually-agreeably schedule by no later than July 16, 2010, which shall

include the date for Defendants to provide their best prior art references prior to the Markman

process. To the extent this Court’s claim construction order provides good cause, Defendants

shall be permitted to exchange prior art terms, while presumptively maintaining the same

number of overall terms at issue. 

Case 3:08-cv-02912-JSW Document 214 Filed 07/09/10 Page 1 of 2
United States District Court

For the Northern District of California

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To the extent the parties encounter difficult with determining precise interim dates and

deadlines in the claim construction process, including the deadline for Defendants to submit

their designated prior art references, the Court refers the parties to the Special Master for

assistance.

IT IS SO ORDERED.

Dated: July 9, 2010 

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-02912-JSW Document 214 Filed 07/09/10 Page 2 of 2
Case 3:08-cv-03759-SI Document 60 Filed 05/07/10 Page 1 of 2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Susan Illston

Case 3:08-cv-03759-SI Document 60 Filed 05/07/10 Page 2 of 2