alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
V 

109TH CONGRESS 

1ST SESSION H. R. 2645

For the relief of Web’s Construction Company, Incorporated. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2005

Mr. WYNN introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL

For the relief of Web’s Construction Company, Incorporated.

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

3 SECTION 1. PAYMENT FOR CONSTRUCTION WORK. 

4 The Secretary of the Treasury shall pay, out of any 

5 money in the Treasury not otherwise appropriated, to 

6 Web’s Construction Company, Incorporated, a company 

7 incorporated in the State of Maryland, $262,500, plus a 

8 reasonable rate of interest (as determined by the Sec9 retary) for the period beginning February 1, 1990, and 

10 ending on the date of such payment, for construction work 

11 performed for the benefit of the Corps of Engineers in 

12 connection with Contract No. DACA31–88–C–0316. Pay-
2

•HR 2645 IH 

1 ment of the sum shall be in full satisfaction of any claim 

2 of Web’s Construction Company, Incorporated, against 

3 the United States in connection with the construction 

4 work. 

5 SEC. 2. LIMITATION ON ATTORNEY FEES. 

6 It shall be unlawful for an amount exceeding 10 per7 cent of the amount paid pursuant to section 1 to be paid 

8 to, or received by, any agent or attorney for any service 

9 rendered in connection with the claim described in section 

10 1. Any person who violates this section shall be guilty of 

11 an infraction, and shall be subject to a fine in the amount 

12 provided in title 18, United States Code.

Æ
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL DATA EXTRACTED FROM THE COMPANY'S
FINANCIAL STATEMENTS AT AND FOR THE NINE MONTH PERIOD ENDED SEPTEMBER 30, 1999
INCLUDED IN THE COMPANY'S FORM 10-Q QUARTERLY REPORT FOR SUCH PERIOD AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           6,148
<SECURITIES>                                         0
<RECEIVABLES>                                   46,591
<ALLOWANCES>                                     4,892
<INVENTORY>                                     12,141
<CURRENT-ASSETS>                                61,837
<PP&E>                                          54,695
<DEPRECIATION>                                  15,334
<TOTAL-ASSETS>                                 170,031
<CURRENT-LIABILITIES>                           47,102
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           236
<OTHER-SE>                                      17,359
<TOTAL-LIABILITY-AND-EQUITY>                   170,031
<SALES>                                        180,527
<TOTAL-REVENUES>                               180,527
<CGS>                                          168,218
<TOTAL-COSTS>                                  197,144
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,570
<INCOME-PRETAX>                               (24,889)
<INCOME-TAX>                                       340
<INCOME-CONTINUING>                           (25,229)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (24,411)
<EPS-BASIC>                                     (1.04)
<EPS-DILUTED>                                   (1.04)


</TABLE>
#### § 270.55a-1 Investment activities of business development companies.

Notwithstanding section 55(a) of the Act (15 U.S.C. 80a-54(a)), a business development company may acquire securities purchased in transactions not involving any public offering from an issuer, or from any person who is an officer or employee of the issuer, if the issuer meets the requirements of sections 2(a)(46)(A) and (B) of the Act (15 U.S.C. 80a-2(a)(46)(A) and (B)), but the issuer is not an eligible portfolio company because it does not meet the requirements of § 270.2a-46, and the business development company meets the requirements of paragraphs (i) and (ii) of section 55(a)(1)(B) of the Act (15 U.S.C. 80a-54(a)(1)(B)(i) and (ii)).

[71 FR 64092, Oct. 31, 2006]
#### In the Matter of Gem Credit Corporation, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant.

— Motion by appellant for a stay pending appeal, denied, without costs. Motion by respondent to dismiss appeal, denied on condition that appellant perfect the appeal and be ready to argue or submit it at the December Term, beginning November 28, I960. The appeal is ordered on the calendar for said term. The record and appellant’s brief must be served and filed on or before November 14, 1960 Nolan, P. J., Beldock, Christ, Pette and Brennan, JJ., concur.
#### § 228.22 Air transportation.

The Fly America Act, Title 49 of the United States Code, Subtitle VII, part A, subpart I, Chapter 401, 40118—Government-Financed Air Transportation, is applicable to all transportation of commodities subject to this part. Subpart D of 22 CFR part 228 does not apply to this provision.
#### § 241.8 Event of Default; Application for Compensation; payment.

At any time after an Event of Default, as this term is defined in an Eligible Note, any Noteholder hereunder, or the Fiscal Agent on behalf of a Noteholder hereunder, may file with USAID an Application for Compensation in the form provided in Appendix A to this part. USAID shall pay or cause to be paid to any such Applicant any compensation specified in such Application for Compensation that is due to the Applicant pursuant to the Guarantee as a Loss of Investment not later than the Guarantee Payment Date. In the event that USAID receives any other notice of an Event of Default, USAID may pay any compensation that is due to any Noteholder pursuant to a Guarantee, whether or not such Noteholder has filed with USAID an Application for Compensation in respect of such amount.
### §§2601 to 2603. Repealed. Pub. L. 93–203, title VII, §714, formerly title VI, §614, Dec. 28, 1973, 87 Stat. 883; renumbered title VII, §714, Pub. L. 93–567, title I, §101, Dec. 31, 1974, 88 Stat. 1845

Section 2601, Pub. L. 87–415, title II, §231, Mar. 15, 1962, 76 Stat. 30; Pub. L. 88–214, §6, Dec. 19, 1963, 77 Stat. 424; Pub. L. 89–15, §8, Apr. 26, 1965, 79 Stat. 78; Pub. L. 89–792, §5, Nov. 7, 1966, 80 Stat. 1436; Pub. L. 90–636, §§3(b), 5(b), 7, Oct. 24, 1968, 82 Stat. 1353, set out general responsibility of Secretary of Health, Education, and Welfare in areas of training and skill development programs.

Section 2602, Pub. L. 87–415, title II, §232, Mar. 15, 1962, 76 Stat. 30, empowered Secretary of Health, Education, and Welfare to promulgate rules and regulations.

Section 2603, Pub. L. 87–415, title II, §233, as added Pub. L. 89–792, §8(b), Nov. 7, 1966, 80 Stat. 1437, directed Secretary of Health, Education, and Welfare to make an annual report to Congress.

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

#### Effective Date of Repeal

Pub. L. 93–203, title VII, §714, formerly title VI, §614, Dec. 28, 1973, 87 Stat. 883; renumbered title VII, §714, Pub. L. 93–567, title I, §101, Dec. 31, 1974, 88 Stat. 1845, provided that the repeal is effective with respect to fiscal years after June 30, 1974.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2630 Engrossed in House (EH)]

  1st Session

                               H. R. 2630

_______________________________________________________________________

                                 AN ACT

To redesignate the facility of the United States Postal Service located 
    at 1927 Sangamon Avenue in Springfield, Illinois, as the ``J.M. 
                      Dietrich Northeast Annex''.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 2630

_______________________________________________________________________

                                 AN ACT

 
To redesignate the facility of the United States Postal Service located 
    at 1927 Sangamon Avenue in Springfield, Illinois, as the ``J.M. 
                      Dietrich Northeast Annex''.

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

SECTION 1. REDESIGNATION.

    The facility of the United States Postal Service located at 1927 
Sangamon Avenue in Springfield, Illinois, and known as the Northeast 
Annex, shall be known and designated as the ``J.M. Dietrich Northeast 
Annex''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``J.M. Dietrich Northeast 
Annex''.

            Passed the House of Representatives July 13, 2005.

            Attest:

                                                                 Clerk.
```
### §300w. Authorization of appropriations

(a) For the purpose of allotments under section 300w–1 of this title, there are authorized to be appropriated $205,000,000 for fiscal year 1993, and such sums as may be necessary for each of the fiscal years 1994 through 1998.

(b) Of the amount appropriated for any fiscal year under subsection (a), at least $7,000,000 shall be made available for allotments under section 300w–1(b) of this title.

(July 1, 1944, ch. 373, title XIX, §1901, as added Pub. L. 97–35, title IX, §901, Aug. 13, 1981, 95 Stat. 535; amended Pub. L. 98–555, §4, Oct. 30, 1984, 98 Stat. 2855; Pub. L. 100–607, title III, §301(a), Nov. 4, 1988, 102 Stat. 3111; Pub. L. 102–531, title I, §101, Oct. 27, 1992, 106 Stat. 3469; Pub. L. 103–183, title VII, §705(e), Dec. 14, 1993, 107 Stat. 2241.)

#### **Editorial Notes**

#### Amendments

1993—Subsec. (a). Pub. L. 103–183 substituted "through 1998" for "through 1997".

1992—Subsec. (a). Pub. L. 102–531, §101(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "For the purpose of allotments under section 300w–1 of this title, there is authorized to be appropriated $95,000,000 for fiscal year 1982, $96,500,000 for fiscal year 1983, $98,500,000 for fiscal year 1984, $98,500,000 for the fiscal year ending September 30, 1985, $98,500,000 for the fiscal year ending September 30, 1986, $98,500,000 for the fiscal year ending September 30, 1987, $110,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 and 1991."

Subsec. (b). Pub. L. 102–531, §101(b), substituted "$7,000,000" for "$3,500,000".

1988—Subsec. (a). Pub. L. 100–607 struck out "and" after "1986," and inserted ", $110,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 and 1991" before period at end.

1984—Subsec. (a). Pub. L. 98–555, §4(a), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1985, 1986, and 1987.

Subsec. (b). Pub. L. 98–555, §4(b), substituted "$3,500,000" for "$3,000,000".

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

#### Effective Date

Pub. L. 97–35, title IX, §901, Aug. 13, 1981, 95 Stat. 535, provided in part that this subchapter is effective Oct. 1, 1981.
### §§5581 to 5594. Repealed. Pub. L. 116–260, div. Z, title III, §3006(f), Dec. 27, 2020, 134 Stat. 2513

Section 5581, Pub. L. 95–590, §2, Nov. 4, 1978, 92 Stat. 2513, related to congressional findings and declaration of policy.

Section 5582, Pub. L. 95–590, §3, Nov. 4, 1978, 92 Stat. 2515, defined terms for this subchapter.

Section 5583, Pub. L. 95–590, §4, Nov. 4, 1978, 92 Stat. 2515, related to establishment and promotion of research, development, and demonstration programs.

Section 5584, Pub. L. 95–590, §5, Nov. 4, 1978, 92 Stat. 2516, related to Federal assistance application procedures including selection of applicants, agreements, financial assistance, observation and monitoring of photovoltaic systems, reports, and projects and activities.

Section 5585, Pub. L. 95–590, §6, Nov. 4, 1978, 92 Stat. 2516, related to contracts, grants, and arrangements.

Section 5586, Pub. L. 95–590, §7, Nov. 4, 1978, 92 Stat. 2517, related to test procedures and performance criteria.

Section 5587, Pub. L. 95–590, §8, Nov. 4, 1978, 92 Stat. 2518, related to supervision of research, development, and demonstration programs.

Section 5588, Pub. L. 95–590, §9, Nov. 4, 1978, 92 Stat. 2518, related to the Solar Photovoltaic Energy Advisory Committee.

Section 5589, Pub. L. 95–590, §10, Nov. 4, 1978, 92 Stat. 2519, related to promotion and facilitation of practical use of photovoltaic energy.

Section 5590, Pub. L. 95–590, §11, Nov. 4, 1978, 92 Stat. 2520; Pub. L. 103–82, title IV, §405(j), Sept. 21, 1993, 107 Stat. 922, related to submittal to congressional committees of plan for demonstrating applications of photovoltaic systems and facilitating use in other nations, including encouragement of international participation and cooperation and coordination and consistency of plan and international activities with similar activities and programs.

Section 5591, Pub. L. 95–590, §12, Nov. 4, 1978, 92 Stat. 2521, related to participation of small business concerns.

Section 5592, Pub. L. 95–590, §13, Nov. 4, 1978, 92 Stat. 2521, related to priorities.

Section 5593, Pub. L. 95–590, §14, Nov. 4, 1978, 92 Stat. 2521, related to construction with National Energy Conservation Policy Act.

Section 5594, Pub. L. 95–590, §15, Nov. 4, 1978, 92 Stat. 2522, related to authorization of appropriations.
### §6952. Development of specifications for secondary materials

The Secretary of Commerce, acting through the National Institute of Standards and Technology, and in conjunction with national standards-setting organizations in resource recovery, shall, after public hearings, and not later than two years after September 1, 1979, publish guidelines for the development of specifications for the classification of materials recovered from waste which were destined for disposal. The specifications shall pertain to the physical and chemical properties and characteristics of such materials with regard to their use in replacing virgin materials in various industrial, commercial, and governmental uses. In establishing such guidelines the Secretary shall also, to the extent feasible, provide such information as may be necessary to assist Federal agencies with procurement of items containing recovered materials. The Secretary shall continue to cooperate with national standards-setting organizations, as may be necessary, to encourage the publication, promulgation and updating of standards for recovered materials and for the use of recovered materials in various industrial, commercial, and governmental uses.

(Pub. L. 89–272, title II, §5002, as added Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2820; amended Pub. L. 96–482, §21(a), Oct. 21, 1980, 94 Stat. 2346; Pub. L. 100–418, title V, §5115(c), Aug. 23, 1988, 102 Stat. 1433.)

#### **Editorial Notes**

#### Amendments

1988—Pub. L. 100–418 substituted "National Institute of Standards and Technology" for "National Bureau of Standards".

1980—Pub. L. 96–482 substituted "September 1, 1979" for "October 21, 1976".
#### Florencia Barton, as Executrix of Federico Santos, Deceased, Appellant, v Executive Health Examiners et al., Defendants, and A.F. Govoni et al., Respondents.

[716 NYS2d 3]

—Order, Supreme Court, New York County (Edward Lehner, J.), entered January 10, 2000, denying plaintiffs motion to vacate the dismissal of the complaint for failure to appear at an “old case calendar” conference, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs or disbursements, the motion granted and the complaint reinstated. Appeal from order, same court and Justice, entered November 15, 1999, dismissing the action, unanimously dismissed, without costs, as taken from a non-appealable order.

In this medical malpractice action, it is undisputed that plaintiff did not receive notice of the conference at which the complaint was dismissed based on her failure to appear. At the time, plaintiff had a pending discovery motion to compel the *28deposition of a party defendant. Plaintiffs counsel, who only learned of the dismissal in the opposition papers to the deposition motion, within two weeks thereafter moved to vacate the dismissal and to restore the case to the calendar. A sufficient affidavit of excuse was submitted, as well as a detailed physician’s affidavit of merit. The IAS Court denied the motion for failure “to submit an affidavit demonstrating the existence of a meritorious cause of action.” We reverse.

A party seeking vacatur of the dismissal of an action based on a default must demonstrate a reasonable excuse for the default and a meritorious cause of action. *(Abate v Long,*261 AD2d 252.) In a medical malpractice action, an affidavit of merit by a medical expert is required. *(Saeed v Boulevard Hosp.,*157 AD2d 654.) Here, both requirements have been met. Defendants’ assertions of inadequacy as to the sufficiency of the affidavit of merit, never challenged before the IAS Court and raised for the first time on appeal, amount to no more than a quibble. In any event, the affidavit was more than sufficient to establish a meritorious cause of action as to all the defendants. It is not bare and conclusory. It specified the acts and omissions constituting the medical malpractice and indicated the causal relation thereof to the death of plaintiffs decedent. *(See, e.g., Ford v Empire Med. Group,*123 AD2d 820.)

Accordingly, the complaint is reinstated. Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Rubin and Buckley, JJ.
### §3932. Creation of corporations

#### (a) Authorization

There is hereby authorized to be created a private corporation for profit (hereinafter in this chapter referred to as the "corporation"). The corporation will not be an agency or establishment of the United States Government. The corporation shall be subject to the provisions of this chapter and, to the extent consistent with this chapter, to the District of Columbia Business Corporation Act.

#### (b) Creation of additional corporations

Whenever the President finds it in the national interest to do so, he may cause the creation of an additional corporation or additional corporations to carry out the purposes of this chapter. All the provisions of this chapter shall thereupon become applicable to each such corporation, and to the limited partnership formed by it pursuant to section 3937 of this title.

#### (c) Creation of corporations and organization of other partnerships, joint ventures, or associations by private persons

Nothing in this chapter shall be construed to preclude private persons from creating other corporations and organizing other partnerships, joint ventures, or associations for the purposes set forth in this chapter as the purposes of the corporation and the partnership described in section 3937 of this title.

(Pub. L. 90–448, title IX, §902, Aug. 1, 1968, 82 Stat. 547.)

#### **Editorial Notes**

#### References in Text

The District of Columbia Business Corporation Act, referred to in subsec. (a), is act June 8, 1954, ch. 269, 68 Stat. 179, which is not classified to the Code.
Exhibit 32.2

















CERTIFICATION





Pursuant to 18 U.S.C. Section 1350, the undersigned officer of DXP Enterprises, Inc. (the “Company”), hereby certifies that the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/s/Mac McConnell


Mac McConnell


Chief Financial Officer





August 3, 2010





The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
#### The People of the State of New York, Respondent, v Eddie B. Hawkins, Appellant.

[715 NYS2d 922]

Crew III, J. P.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered December 18, 1998, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

In August 1997, defendant was indicted and charged with the crime of criminal sale of a controlled substance in the third degree. Thereafter, defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and in accordance with a plea agreement was sentenced, as a second felony offender, to 3V2 to 7 years. Prior to sentencing, defendant moved to withdraw his plea of guilty, which motion was denied without a hearing. Defendant subsequently appealed his judgment of conviction, and this Court withheld decision and remitted the matter to County Court for an evidentiary hearing and reconsideration of defendant’s motion to withdraw (271 AD2d 756). Upon remittal, County Court conducted an evidentiary hearing, following which defendant’s motion was granted, the *504judgment of conviction and the sentence was set aside, defendant’s guilty plea was vacated, his plea of not guilty was restored and the matter was ordered scheduled for trial. Under the circumstances, the appeal is now moot.

Peters, Spain, Graffeo and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot.
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#### § 513.300 General.

The debarring official may debar a person for any of the causes in § 513.30, using procedures established in §§ 513.310 through 513.314. The existence of a cause for debarment, however, does not necessarily require that the person be debarred; the seriousness of the person's acts or omissions and any mitigating factors shall be considered in making any debarment decision.