alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §6963. Cooperation with Environmental Protection Agency

#### (a) General rule

All Federal agencies shall assist the Administrator in carrying out his functions under this chapter and shall promptly make available all requested information concerning past or present Agency waste management practices and past or present Agency owned, leased, or operated solid or hazardous waste facilities. This information shall be provided in such format as may be determined by the Administrator.

#### (b) Information relating to energy and materials conservation and recovery

The Administrator shall collect, maintain, and disseminate information concerning the market potential of energy and materials recovered from solid waste, including materials obtained through source separation, and information concerning the savings potential of conserving resources contributing to the waste stream. The Administrator shall identify the regions in which the increased substitution of such energy for energy derived from fossil fuels and other sources is most likely to be feasible, and provide information on the technical and economic aspects of developing integrated resource conservation or recovery systems which provide for the recovery of source-separated materials to be recycled or the conservation of resources. The Administrator shall utilize the authorities of subsection (a) in carrying out this subsection.

(Pub. L. 89–272, title II, §6003, as added Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 96–482, §32(g), Oct. 21, 1980, 94 Stat. 2355.)

#### **Editorial Notes**

#### Amendments

1980—Pub. L. 96–482 designated existing provision as subsec. (a), substituted provision that information be provided in a format determined by the Administrator for provision that information be furnished on a reimbursable basis, and added subsec. (b).

#### **Executive Documents**

#### Transfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
#### Joel Velazquez GARCIA; Evangelina Flores Trujillo, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-75412.

United States Court of Appeals, Ninth Circuit.

Submitted March 12, 2007 *.

Filed March 15, 2007.

*533Elsa I. Martinez, Esq., Martinez Golds-by *&*Associates, Los Angeles, CA, for Petitioners.

District Counsel, Esq., Office of the District Counsel, Los Angeles, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, San Francisco, CA, Carol Federighi, Esq., Kristin K. Edison, Esq., U.S. Department of Justice, Washington, DC, for Respondent.

Before: KOZINSKI, LEAVY, and BYBEE, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Joel Velazquez Garcia and Evangelina Flores Trujillo, natives and citizens of Mexico, petition for review of the order of the Board of Immigration Appeals affirming an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review the agency’s physical presence determination for substantial evidence, *Lopez-Alvarado v. Ashcroft,*381 F.3d 847, 850-51 (9th Cir.2004), and review due process challenges de novo, *Munoz v. Ashcroft,*339 F.3d 950, 954 (9th Cir.2003). We deny the petition for review.

To demonstrate physical presence for the statutory period, petitioners needed to prove their continuous presence beginning in 1990. *See*8 U.S.C. § 1229b(d)(l) (ten years). Petitioners’ testimony that they were both in Mexico for approximately six months in 1995 constitutes substantial evidence to support the IJ’s conclusion that they failed to maintain continuous physical presence for the requisite period. *See*8 U.S.C. § 1229b(d)(2) (stating that an applicant for cancellation of removal fails to maintain continuous physical presence if the applicant “has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days”).

*534We have considered petitioners’ due process contention and find it unpersuasive. *Cf. Munoz,*339 F.3d at 954 (“Since discretionary relief is a privilege created by Congress, denial of such relief cannot violate a substantive interest protected by the Due Process clause.”).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
### §7385s–14. Payment of compensation and benefits from compensation fund

The compensation and benefits provided under this subchapter, when authorized or approved by the President, shall be paid from the compensation fund established under section 7384e of this title.

(Pub. L. 106–398, §1 [div. C, title XXXVI, §3685], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct. 28, 2004, 118 Stat. 2185.)
### §7144. Establishment of policy for National Nuclear Security Administration

#### (a) Responsibility for establishing policy

The Secretary shall be responsible for establishing policy for the National Nuclear Security Administration.

#### (b) Review of programs and activities

The Secretary may direct officials of the Department who are not within the National Nuclear Security Administration to review the programs and activities of the Administration and to make recommendations to the Secretary regarding administration of those programs and activities, including consistency with other similar programs and activities of the Department.

#### (c) Staff

The Secretary shall have adequate staff to support the Secretary in carrying out the Secretary's responsibilities under this section.

(Pub. L. 95–91, title II, §213, as added Pub. L. 106–65, div. C, title XXXII, §3203(a), Oct. 5, 1999, 113 Stat. 954.)

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

#### Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of Title 50, War and National Defense.
#### § 2002.17 Authority to release records or duplications.

Any Assistant Inspector General or an appointed designee is authorized to release any record (or duplication) pertaining to activities for which he or she has primary responsibility, unless disclosure is clearly inappropriate under this part. No authorized person may release records for which another officer has primary responsibility without the consent of the officer or his or her designee.
FAA PAR T 1 6 AIRPOR T PROCEEDING S DOCKE T FEDERA L AVIATIO N ADMINISTRATIO N

WASEIINGTON,D C ALCA , Inc. , Cylinde r

Shop , Inc. , Suncoas t Aviation , Aircraf

t Fart s an dNationa l Aviation ,

Complainants , vs . Miami-Dad e County, Florid a

Respondent . > Docket No . 16-08-0 5 < ^ .



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### NOV 1 3 200 8 fT^

FA A AIRPORT S PARTISDOCKET R ^

MOTIO N FO REXTENSIO N O F TIM E T O TT T E REPL Y BRIE F ^ Petitioners , hereb y file thi s Motio n for Extensio n o f

Time t o Fil e Repl y Brie f an di n suppor t

thereo f woul dshow : 1 . Petitioner s hav e file daPar t 1 6 Complain t

agains t Miam i Dad e County ; 2 . Th e Count y file dit s responsei^ r aseveral month dela

y an d receive dasevera l month tim e extension ; 3 . O n Octobe r

1,2008 , amotio n fo r

extensio n o

f tim e wa s file dan dgrante db y th e FAA ; 4 . Undersigne dcounse l ha dinstructe dstaf f t o reques t

a n extensio n o

f tim e unti l Novembe r

15,2008 ; 5 . Th e motio n inadvertentl y limite dth e extensio n of tim e t o Novembe r

1,2008 ; 6 . O n Octpbe r

7,2008 , undmigajMi , counse l assume ddutie s a s Mayo r o f Miam i Lake s i n Dad e County an dhak'bee n m|uiirif dt o spen dmub b o

f Octobe r 200 8 assumin g thos e duties ;7 . Undersig n counse l ha dsough t extension s i n al l o

f hi s pendin g cases , unti l sometim e i n earl y mi dNovember , du e t o thes e circumstances ; 8 . Ther e hav e bee n some change s i n th e statu s of th e partie s withi n th e pas t thirt y (30 ) day s tha t

nee dt o b e accounte dfor

i n preparin g areply ; 9 . A fina l extensio n o f

tw o (2 ) week s o n amatte r of thi s importance , wil l no t prejudic e areply . WHEREFORE : undersig n counse l an dpetitioner s reques t a n extensio n o

f u p unti l November

IS , 200 8 t o submi t

thei r repl y brie f

i n thi s matter .

Respectfully submitted , MICHAE L A . PIZZ L Jr. , P.A . Attorne y fo r

Defendan t 1527 1 N W 60 * Avenu e Miam i Lakes , F l 3301 6 Phone : 30 5 231212 1 FAX : 30 5 231212 3 E-mail : mpizziirtgtvahoo.co m By:_ Michae l A . Pizzi , Jr. , E ^ Florid aBa r

No . 0795 4

### CERTIFICAT E O F SERVIC E

I HEREB Y CERTIFY tha t acop y of th e abov e Motio n fo r

Extensio n o

f Tim e t o Fil e Repl y Brie f

wa s mailed/FAXe dto : Office of th e Chie f Counse l Attn : FA

A Par t 1 6 Airpor t

Proceeding s Docket 16-08-0 5 Roo m925 , Federa l Aviatio n Administratio n 800 Independenc e Ave. , S W Washington , D C 2059 1 Jennife r Trock , Esq . PUlsbur y Winthro p Shaw Pittman , LL P 230 0 N . Street , N

W Washington , D C 2003 7



### Michae l A . Pizzi , Jr.j'^Esq .
#### Mary A. Salva, Individually and as Executor of Edward A. Salva, Deceased, Respondent, v Robert A. Blum et al., Defendants, and Yamanouchi, U.K., Ltd., et al., Appellants.

[716 NYS2d 527]

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this personal injury and wrongful death action, alleging the liability of multiple defendants arising out of the enrollment of plaintiffs decedent in a clinical drug trial and decedent’s allegedly fatal ingestion of the drug. As against Yamanouchi, U.K., Ltd. and Yamanouchi, U.S.A., Inc. (defendants), plaintiff alleges negligence and strict products liability for defective manufacture, distribution, testing, and marketing of the drug, breach of express and implied warranties, failure to warn, and lack of informed consent. Defendants appeal from an order denying their motion for summary judgment dismissing the complaint against them or, in the alternative, for an order precluding plaintiff from Presenting expert testimony as a consequence of her failure to reveal the identity of her medical expert.

Supreme Court erred in denying that part of defendants’ motion seeking summary judgment dismissing the seventh cause of action alleging lack of informed consent. Lack of informed consent is not a theory of liability upon which an injured person may sue the manufacturer of a defective product *(see, Voss v Black & Decker Mfg. Co.,*59 NY2d 102, 106; *Victorson v Bock Laundry Mach. Co.,*37 NY2d 395, 400). Defendants are not medical practitioners, nor was decedent their patient within the meaning of Public Health Law § 2805-d (1), which governs claims of lack of informed consent. The court properly denied the balance of defendants’ motion. The affirmation of plaintiffs *986expert contradicts the expert opinions offered by defendants and thus raises a triable issue of fact whether the drug caused or contributed to decedent’s death *(see, Bastin v Soldiers & Sailors Hosp.,*258 AD2d 922; *Gibides v Powell,*256 AD2d 1091, 1092). The conflicting expert opinions Present credibility issues that cannot be resolved on a motion for summary judgment *(see; Cranker v Infantino,*229 AD2d 908, 908-909; *Scahall v Unigard Ins. Co.,*222 AD2d 1070, 1071).

Given the lack of viability of the cause of action for lack of informed consent against defendants, plaintiff has no basis for withholding the identity of her medical expert from them based on the exception to the disclosure requirement *(see,*CPLR 3101 [d] [1] [i]; *Travis v Wormer*[appeal No. 1], 136 AD2d 933; *see also, Rivera v City of New York,*150 Misc 2d 566, 569). We therefore modify the order by granting the motion of defendants in part and dismissing the seventh cause of action against them and, further, by compelling plaintiff to divulge the identity of her medical expert to only those defendants *(see,*CPLR 2103 [e]), which may not in turn disclose the information to the remaining defendants. (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Green, Hayes, Scudder and Kehoe, JJ.
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

N o. 04

- 13

- 00590

- CR

Michael ORLOWSKI

, Appellant

v.

The STATE of Texas,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 12

- 1394

- CR

Honorable William Old, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: December 11, 2013

DISMISSED

Appellant filed a motion to dismiss this appeal; the motion is signed by Appellant and his

counsel. See T EX

. R. A PP

. P. 42.2(a). Appellant’s motion is granted and this appeal is dismissed.

See id. ; Conners v. State , 966 S.W.2d 108, 110 (Tex. App.

— Hou ston [1st Dist.] 1998, pet. ref’ d)

.

PER CURIAM

DO NOT PUBLISH
### §7156. Transfers from Department of the Navy

There are transferred to and vested in the Secretary all functions vested by chapter 869 of title 10, in the Secretary of the Navy as they relate to the administration of and jurisdiction over—

(1) Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912;

(2) Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912;

(3) Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915;

(4) Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919;

(5) Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and

(6) Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924.

In the administration of any of the functions transferred to, and vested in, the Secretary by this section the Secretary shall take into consideration the requirements of national security.

(Pub. L. 95–91, title III, §307, Aug. 4, 1977, 91 Stat. 581; Pub. L. 115–232, div. A, title VIII, §809(n)(3)(A), Aug. 13, 2018, 132 Stat. 1844.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–232 substituted "chapter 869 of title 10" for "chapter 641 of title 10" in introductory provisions.

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

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2825 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2825

  To suspend temporarily the duty on 4-Chloro-3-[[3-(4-methoxyphenyl)-
                1,3-dioxopropyl]-amino]-do decyl ester.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2005

  Mr. Spratt introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To suspend temporarily the duty on 4-Chloro-3-[[3-(4-methoxyphenyl)-
                1,3-dioxopropyl]-amino]-do decyl ester.

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

SECTION 1. 4-CHLORO-3-[[3-(4-METHOXYPHENYL)-1,3-DIOXOPROPYL]-AMINO]-
              DODECYL ESTER.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.09.01      4-Chloro-3-[[3-(4-  Free         No change        No change        On or before 12/  ''.
                         methoxyphenyl)-1,                                                  31/2008
                         3-dioxopropyl]-
                         amino]-dodecyl
                         ester (CAS No.
                         33942-96-0)
                         (provided for in
                         subheading
                         2924.29.71)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
Partial Termination Agreement



 Exhibit 10.3 

 

 

 September 22, 2010 
 JPMorgan Chase Bank, National Association, 
 London Branch 

c/o J.P. Morgan Securities LLC 
 277 Park Avenue, 11th Floor 
 New York, New York 10172 

Newell Rubbermaid Inc. 
 Three Glenlake Parkway 
 Atlanta, Georgia 30328 

Attention: Treasurer 
 Partial Termination Agreement 
 Ladies and Gentlemen: 

Reference is hereby made to that certain convertible senior note hedge transaction confirmation, dated as of March 24,
2009 (as amended, the “Note Hedge Transaction Confirmation”), between JPMorgan Chase Bank, National Association, London Branch (“JPMorgan”) and Newell Rubbermaid Inc. (“Company”), and that certain warrant transaction
confirmation, dated as of March 24, 2009 (as amended, the “Warrant Confirmation” and, together with the Note Hedge Transaction Confirmation, the “Confirmations”), between JPMorgan and Company. 

The parties hereby agree that as of the date hereof (i) the Note Hedge Transaction Confirmation shall be amended such
that (x) the Number of Options shall be 20,309, and (y) the Applicable Percentage shall be 100%, and (ii) the Warrant Confirmation shall be amended such that the Number of Warrants shall be 2,359,865. 

In consideration of the foregoing amendments to the Confirmations and notwithstanding anything to the contrary in any of
the agreements referenced herein or any other communications between the parties or their representatives (whether written or oral), JPMorgan shall on September 24, 2010 pay to the Company $31,200,000 in immediately available funds, which amount
shall be in full and final satisfaction of any amounts owed in connection with the foregoing amendments. 

Except as expressly set forth herein, all of the terms and conditions of the Confirmations shall remain in full force
and effect and are hereby confirmed in all respects. 







  
 
			
	 Very truly yours,

	
	 J.P. MORGAN SECURITIES LLC,
  as agent for JPMORGAN CHASE BANK,
 NATIONAL ASSOCIATION, LONDON

BRANCH

		
	 By:
	 	 /s/ Jeffrey Zajkowski

	 Name:
	 	 Jeffrey Zajkowski

	 Title:
	 	 Managing Director

	
	 Acknowledged and agreed to by:

	
	 NEWELL RUBBERMAID INC.

		
	 By:
	 	 /s/ Dale L. Metz

	 Name:
	 	 Dale L. Metz

	 Title:
	 	 VP Treasurer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          18,981
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 4,650
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    111,465
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                           111,465
<LOANS>                                        183,785
<ALLOWANCE>                                      3,829
<TOTAL-ASSETS>                                 323,767
<DEPOSITS>                                     267,141
<SHORT-TERM>                                    21,500
<LIABILITIES-OTHER>                              3,787
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<OTHER-SE>                                      10,538
<TOTAL-LIABILITIES-AND-EQUITY>                 323,767
<INTEREST-LOAN>                                  8,562
<INTEREST-INVEST>                                3,261
<INTEREST-OTHER>                                   573
<INTEREST-TOTAL>                                12,396
<INTEREST-DEPOSIT>                               2,979
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<INTEREST-INCOME-NET>                            9,076
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                  52
<EXPENSE-OTHER>                                  6,422
<INCOME-PRETAX>                                  5,135
<INCOME-PRE-EXTRAORDINARY>                       5,135
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,145
<EPS-BASIC>                                       0.66
<EPS-DILUTED>                                     0.64
<YIELD-ACTUAL>                                    .061
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<ALLOWANCE-DOMESTIC>                             3,829
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
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




Pursuant
to 18 U.S.C. Section 1350, the undersigned Officer of ERF Wireless, Inc. (the
"Company"), hereby certifies, to such officer's knowledge, that the Company's
Quarterly Report on Form 10-Q for the quarter ended March 31, 2009, (the
"Report") fully complies with the requirements of Section 13(a) or Section
15(d), as applicable, of the Securities Exchange Act of 1934 and that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.




May 20,
2009




/s/
      Richard
      R. RoyallRichard
      R. RoyallChief
      Financial Officer