alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 12



       John Deere Capital Corporation and Subsidiaries
      Computation of Ratio of Earnings to Fixed Charges
                    (thousands of dollars)

                                Six Months Ended April 30,
                               ------------------------------
                                   2001               2000
                               -----------        -----------
Earnings:

Income before income
  taxes and changes
  in accounting                  $ 124,298          $ 104,491
Fixed charges                      246,793            205,927
                               -----------        -----------
  Total Earnings                 $ 371,091          $ 310,418

Fixed charges:

Interest expense                  $243,183          $ 202,626

Rent Expense                         3,610              3,301
                               -----------        -----------
  Total fixed
    Charges                       $246,793          $ 205,927
                               ===========        ===========

Ratio of earnings to
   Fixed charges*                     1.50               1.51
                               ===========        ===========

                           For the Years Ended October 31,
                  --------------------------------------------
                    2000     1999     1998     1997     1996
                  -------- -------- -------- -------- --------
Earnings:

Income before
  income taxes
  and changes
  in accounting   $216,712 $235,760 $233,534 $211,251 $206,588

Fixed charges      447,169  366,102  373,237  330,648  276,726
                  -------- -------- -------- -------- --------
  Total Earnings  $663,881 $601,862 $606,771 $541,899 $483,314
                  ======== ======== ======== ======== ========
Fixed charges:

Interest expense  $440,220 $360,925 $368,381 $326,867 $273,748

Rent Expense         6,949    5,177    4,856    3,782    2,978
                  -------- -------- -------- -------- --------
  Total fixed
    charges       $447,169 $366,102 $373,237 $330,649 $276,726
                  ======== ======== ======== ======== ========

Ratio of earnings
   to fixed
   charges*           1.48     1.64     1.63    1.64      1.75
                  ======== ======== ======== ======== ========




2
§ 62.190 Records. ( a ) The authorized representatives of the Secretaries of Labor and Health and Human Services must have access to all records required under this part. Upon written request, the mine operator must provide, within 15 calendar days of the request, access to records to: ( 1 ) The miner, or with the miner's written consent, the miner's designee, for all records that the mine operator must maintain for that individual miner under this part;
( 2 ) Any representative of miners designated under part 40 of this title, to training certifications compiled under § 62.180(b) of this part and to any notice of exposure determination under § 62.110(d) of this part, for the miners whom he or she represents; and
( 3 ) Any former miner, for records which indicate his or her own exposure.
( b ) When a person with access to records under paragraphs (a)(1), (a)(2), or (a)(3) of this section requests a copy of a record, the mine operator must provide the first copy of such record at no cost to that person, and any additional copies requested by that person at reasonable cost.
( c ) Transfer of records. ( 1 ) The mine operator must transfer all records required to be maintained by this part, or a copy thereof, to a successor mine operator who must maintain the records for the time period required by this part.
( 2 ) The successor mine operator must use the baseline audiogram, or revised baseline audiogram, as appropriate, obtained by the original mine operator to determine the existence of a standard threshold shift or reportable hearing loss.
§ 725.12 Coverage of grants. An agency may use grant money under this part to cover costs in excess of the base program for administering and enforcing the initial regulatory program. The Director or his authorized designee shall determine the base program from the State fiscal year budget in effect on August 3, 1977. Costs of the following items are eligible for reimbursement— ( a ) Incorporation of the initial performance standards of this chapter in new permits issued by the State.
( b ) Modification of existing permits to include the initial performance standards of this chapter.
( c ) Additional inspections required to enforce the initial performance standards of this chapter.
( d ) Inspections which are more detailed than inspections before the initial regulatory program.
( e ) Responses to complaints related to the initial performance standards of this chapter.
( f ) Enforcement actions required to secure compliance with the initial performance standards of this chapter.
( g ) Additional administrative activities and supporting costs related to hiring additional inspectors and other personnel, revising permits, conducting inspections, preparing, copying and submitting reports required by part 720, and submitting applications for reimbursement grants under this part.
( h ) Additional equipment required for inspection or support of inspections, as follows: ( 1 ) An agency may charge any required item of equipment to the grant on a use bases in accordance with the principles set forth in Federal Management Circular 74-4, “Cost principles applicable to grants and contracts with State and local governments” (34 CFR part 255).
( 2 ) An agency may purchase equipment, with grant funds where cost recovery through use charges is prohibited, made impractical or more costly than purchase by existing State laws or procedures.
[42 FR 62704, Dec. 13, 1977, as amended at 45 FR 34880, May 23, 1980]
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

DUANE J. GRAPPERHAUS,

Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent

______________________

2024-1415

______________________

Petition for review of the Merit Systems Protection 

Board in No. CH-831M-18-0470-I-1.

-------------------------------------------------

DUANE J. GRAPPERHAUS,

Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent

______________________

2024-1417, 2024-1418

______________________

Case: 24-1415 Document: 18 Page: 1 Filed: 07/22/2024
2 GRAPPERHAUS v. MSPB

Petitions for review of the Merit Systems Protection 

Board in Nos. CH-0831-19-0038-I-1 and CH-0831-19-0039-

I-1.

______________________

O R D E R

Upon consideration of this court’s April 24, 2024 order 

providing that “[w]ithin 30 days from the date of entry of 

this order, [Duane J.] Grapperhaus is directed to pay the 

filing fee for each of his petitions, otherwise the petitions 

shall be dismissed for failure to prosecute,” ECF No. 16 

at 3, and Mr. Grapperhaus’s payment of the fee for Appeal 

No. 2024-1415 but not Appeal Nos. 2024-1417 and 2024-

1418,

IT IS ORDERED THAT:

(1) Appeal Nos. 2024-1417 and 2024-1418 are deconsolidated from Appeal No. 2024-1415, and Appeal 

Nos. 2024-1417 and 2024-1418 are dismissed for failure to 

prosecute. Fed. Cir. R. 52(d). Each party shall bear its own 

costs for these appeals.

(2) The official captions are revised as reflected in this 

order. 

(3) The opening brief for Appeal No. 2024-1415 is due 

no later than 60 days from the date of entry of this order.

July 22, 2024

 Date

FOR THE COURT

Case: 24-1415 Document: 18 Page: 2 Filed: 07/22/2024
### §4405. Transferred

#### **Editorial Notes**

#### Codification

Section, Mar. 8, 1946, ch. 82, §11, 60 Stat. 49, as amended, was redesignated as and transferred to section 57100 of Title 46, Shipping, by Pub. L. 115–91, div. C, title XXXV, §3502(a)(3), Dec. 12, 2017, 131 Stat. 1910.

Section was formerly classified to section 1744 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
### §2357a. Definitions

#### (a) Independent states of the former Soviet Union

In this subchapter, the term "independent states of the former Soviet Union" has the meaning given the term in section 5801 of title 22.

#### (b) Appropriate committees of Congress

In this subchapter, the term "the appropriate committees of Congress" means the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate and the Committees on International Relations, Armed Services, and Appropriations of the House of Representatives.

(Pub. L. 107–228, div. B, title XIII, §1333, Sept. 30, 2002, 116 Stat. 1449.)

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

#### Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
### §2056. Eligibility for annuity

#### (a) One-out-of-two requirement

A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant's survivors are eligible for an annuity under this subchapter based on that separation.

#### (b) Refund of contributions for time not allowed for credit

If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of subsection (a), any amounts deducted from the participant's pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.

#### (c) Exception

Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the participant's survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.

(Pub. L. 88–643, title II, §236, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3226.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 236 of Pub. L. 88–643, as added Pub. L. 101–193, title III, §302(2), Nov. 30, 1989, 103 Stat. 1703, related to eligibility for annuity and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

A prior section 237 of Pub. L. 88–643, title II, formerly §236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91–626, §4, Dec. 31, 1970, 84 Stat. 1873; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, renumbered §237, Pub. L. 101–193, title III, §302(1), Nov. 30, 1989, 103 Stat. 1703, related to limitation on number of retirements and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

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

#### Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FORM 10-KSB FOR THE YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         880,438
<SECURITIES>                                         0
<RECEIVABLES>                                  125,683
<ALLOWANCES>                                    11,000
<INVENTORY>                                     16,590
<CURRENT-ASSETS>                             1,024,450
<PP&E>                                         110,059
<DEPRECIATION>                                 237,733
<TOTAL-ASSETS>                               1,712,125
<CURRENT-LIABILITIES>                           66,822
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       777,983
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,595,303
<SALES>                                        944,354
<TOTAL-REVENUES>                               944,354
<CGS>                                           76,214
<TOTAL-COSTS>                                1,018,457
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,195
<INCOME-PRETAX>                               (83,298)
<INCOME-TAX>                                   (1,216)
<INCOME-CONTINUING>                           (82,082)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (82,082)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                      .00


</TABLE>
§ 724.18 Payment of penalty. ( a ) *No abatement or appeal.* If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.
( b ) *Appeal.* If an individual named in a notice of proposed individual civil penalty assessment files a petition for review in accordance with 43 CFR 4.1300 *et seq.,* the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty.
( c ) *Abatement agreement.* Where the Office and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the Office stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.
( d ) *Delinquent payment.* Following the expiration of 30 days after the issuance of a final order assessing an individual civil penalty, any delinquent penalty shall be subject to interest at the rate established by the U.S. Department of the Treasury for late charges on late payments to the Federal Government. The Treasury current value of funds rate is published by the Fiscal Service in the notices section of the Federal Register and on Treasury's Web site. Interest on unpaid penalties will run from the date payment first was due until the date of payment. Failure to pay overdue penalties may result in one or more of the actions specified in § 870.23(a) through (f) of this chapter. Delinquent penalties are subject to late payment penalties specified in § 870.21(c) of this chapter and processing and handling charges specified in § 870.21(d) of this chapter.
[53 FR 3674, Feb. 8, 1988, as amended at 73 FR 67630, Nov. 14, 2008]
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.1204 Mine closure; filing of map with Secretary.

[Statutory Provisions]

Whenever an operator permanently closes or abandons a coal mine, or temporarily closes a coal mine for a period of more than 90 days, he shall promptly notify the Secretary of such closure. Within 60 days of the permanent closure or abandonment of the mine, or, when the mine is temporarily closed, upon the expiration of a period of 90 days from the date of closure, the operator shall file with the Secretary a copy of the mine map revised and supplemented to the date of the closure. Such copy of the mine map shall be certified by a registered surveyor or registered engineer of the State in which the mine is located and shall be available for public inspection.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]
### §3333. Joint facilities certification

#### (a) Findings

Congress finds the following:

(1) The Director of National Intelligence set a strategic goal to use joint facilities as a means to save costs by consolidating administrative and support functions across multiple elements of the intelligence community.

(2) The use of joint facilities provides more opportunities for operational collaboration and information sharing among elements of the intelligence community.

#### (b) Certification

Before an element of the intelligence community purchases, leases, or constructs a new facility that is 20,000 square feet or larger, the head of that element of the intelligence community shall submit to the Director of National Intelligence—

(1) a written certification that, to the best of the knowledge of the head of such element, all prospective joint facilities in the vicinity have been considered and the element is unable to identify a joint facility that meets the operational requirements of such element; and

(2) a written statement listing the reasons for not participating in the prospective joint facilities considered by the element.

(Pub. L. 115–31, div. N, title VI, §604, May 5, 2017, 131 Stat. 830.)

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

#### Definitions

For definition of "intelligence community", referred to in text, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth ___________________________

No. 02-21-00394-CV

___________________________

Original Proceeding

360th District Court of Tarrant County, Texas

Trial Court No. 360-700860-21

Before Birdwell, Kerr, and Womack, JJ.

Per Curiam Memorandum Opinion

IN RE H.M., Relator
2

MEMORANDUM OPINION

The court has considered relator’s petition for writ of mandamus and motion 

for emergency relief and is of the opinion that relief should be denied. Specifically, 

we deny relator’s request to issue a writ directing the trial court to withdraw or 

reconsider its October 11, 2021 order granting real party in interest’s request to 

decline jurisdiction, and we deny relator’s request to order the trial court to withdraw 

its November 18, 2021 order on real party in interest’s petition for writ of habeas 

corpus. Accordingly, relator’s petition for writ of mandamus and motion for 

emergency relief are denied. We lift our November 30, 2021 stay order.

Per Curiam

Delivered: December 13, 2021
#### § 556.205 What does BOEM do before approving a proposed final Five Year program or a significant revision of a previously-approved Five Year program?

At least 60 days before the Secretary may approve a proposed final Five Year program or a significant revision to a previously approved final Five Year program, BOEM will submit a proposed final program or proposed significant revision to the President and Congress. BOEM will also submit comments received and indicate the reasons why BOEM did or did not accept any specific recommendation of the Attorney General of the United States, the governor of a State, or the executive of a local government.
#### Ups N’Downs, Inc., Appellant, v Albina Enterprises, Inc., Respondent.

Respondent. New York County, entered February 23, 1977, denying plaintiffs motion for summary judgment, unanimously reversed, on the law, and summary judgment granted to the plaintiff on the issue of liability, matter remanded for an assessment of damages and defendant’s cross motion for leave to amend denied. Appellant shall recover of respondent $60 costs and disbursements of this appeal. The defendant, a common carrier, agreed to transport 59 of plaintiffs cartons from its New York office to various locations in New Jersey. The plaintiff shipper seeks to recover in this action for the 41 cartons that were not delivered by the defendant to the consignees in New Jersey. Defendant claims that the missing cartons were hijacked. It álso seeks to assert an affirmative defense that the plaintiff cannot recover on the contract of carriage because it was aware that the defendant did not have a certificate of authority from the Interstate Commerce Commission to carry shipments in interstate commerce. The plaintiff has not submitted a reply affidavit challenging the defendant’s allegation that the contract of carriage was illegal. Even if it were assumed that the contract of carriage between these parties was violative of the Interstate Commerce Act, the plaintiff is still entitled to recover for the loss of its cartons on the theory that defendant breached its common-law duty as a common carrier. *(Adams Express Co. v Darden,*286 F 61, 66, affd 265 US 265; *Wald-Green Food Corp. v Acme Fast Frgt.,*200 Mise 679, 685, 686, affd 200 Mise 687, mot for lv to app den 279 App Div 766; 13 CJS, Carriers, § 294, p 393.) The defendant, a common carrier, was the insurer of the missing cartons and was responsible for any loss resulting from theft. *(D’Utassy v Barrett,*219 NY 420, 425; 7 NY Jur, Carriers, § 178, p 167.) In the absence of any excuse preferred by the defendant to relieve it from its common-law duty to deliver all the cartons to their destinations, summary judgment is granted to the plaintiff on the issue of liability and this matter is remanded for an assessment of damages. Correspondingly, the defendant’s cross motion for leave to amend is denied. Concur—Murphy, P. J., Kupferman, Lupiano and Silverman, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       2,153,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,180,000
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,180,000
<CURRENT-LIABILITIES>                        1,041,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    12,737,000
<OTHER-SE>                                (11,598,000)
<TOTAL-LIABILITY-AND-EQUITY>                 2,180,000
<SALES>                                              0
<TOTAL-REVENUES>                               732,000
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             443,000
<INCOME-PRETAX>                              (287,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (287,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                            (1,508,000)
<CHANGES>                                            0
<NET-INCOME>                               (1,795,000)
<EPS-PRIMARY>                                    (.64)
<EPS-DILUTED>                                    (.64)
        

</TABLE>