alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §80107. Warranties and liability

(a) General Rule.—Unless a contrary intention appears, a person negotiating or transferring a bill of lading for value warrants that—

(1) the bill is genuine;

(2) the person has the right to transfer the bill and the title to the goods described in the bill;

(3) the person does not know of a fact that would affect the validity or worth of the bill; and

(4) the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.

(b) Security for Debt.—A person holding a bill of lading as security for a debt and in good faith demanding or receiving payment of the debt from another person does not warrant by the demand or receipt—

(1) the genuineness of the bill; or

(2) the quantity or quality of the goods described in the bill.

(c) Duplicates.—A common carrier issuing a bill of lading, on the face of which is the word "duplicate" or another word indicating that the bill is not an original bill, is liable the same as a person that represents and warrants that the bill is an accurate copy of an original bill properly issued. The carrier is not otherwise liable under the bill.

(d) Indorser Liability.—Indorsement of a bill of lading does not make the indorser liable for failure of the common carrier or a previous indorser to fulfill its obligations.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 80107(a) | 49 App.:114. | Aug. 29, 1916, ch. 415, §§15, 34–36, 39 Stat. 541, 543. |
| 80107(b) | 49 App.:116. | |
| 80107(c) | 49 App.:95. | |
| 80107(d) | 49 App.:115. | |

Section

In subsection (a), before clause (1), the words "by indorsement or delivery" are omitted as surplus. In clause (4), the words "merchantability or fitness" are substituted for "such warranties", and the words "the goods without a bill of lading" are substituted for "without a bill the goods represented thereby", for clarity.

In subsection (b), before clause (1), the words "person holding" are substituted for "mortgagee or pledgee or other holder" because they are inclusive. The words "from another person" are substituted for "whether from a party to a draft drawn for such debt or from any other person" to eliminate unnecessary words. The words "does not warrant by the demand or receipt" are substituted for "shall not be deemed by so doing to represent or warrant" for clarity.

In subsection (c), the words "A common carrier issuing . . . is liable" are substituted for "plainly shall impose upon the carrier issuing the same the liability" for clarity and to eliminate unnecessary words. The words "The carrier is not otherwise liable under the bill" are substituted for "but no other liability" for clarity.

In subsection (d), the word "respective" is omitted as unnecessary.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR. R.

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-40261

(Summary Calendar)

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOHNNY RAY HAYNES, 

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

(USDC No. 6:95-CR-36-15)

- - - - - - - - - -

October 7, 1997

Before SMITH, WIENER and BARKSDALE, Circuit Judges. 

PER CURIAM:*

Court-appointed counsel for Johnny Ray Haynes has filed a

brief as required by Anders v. California, 386 U.S. 738 (1967).

Our independent review of the brief, the record, and Haynes’

response discloses no nonfrivolous issue. Accordingly, counsel is

excused from further responsibilities herein and the APPEAL IS

DISMISSED.
#### § 77.2101 Definitions.

The following definitions apply in this subpart—

*Responsible person* means a person with authority and responsibility to evaluate and update a written safety program for surface mobile equipment.

*Surface mobile equipment* means wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved, and any powered equipment that transports people, equipment, or materials, excluding belt conveyors, at surface coal mines and surface work areas of underground coal mines.
Editorial Note on Part 817
Editorial Note: At 82 FR 54999, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 817 made effective on Jan. 19, 2017, at 81 FR 93418, Dec. 20, 2016.

§ 817.95 Stabilization of surface areas. ( a ) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.
( b ) Rills and gullies which form in areas that have been regraded and topsoiled and which either ( 1 ) disrupt the approved postmining land use or the reestablishment of the vegetative cover, or
( 2 ) cause or contribute to a violation of water quality standards for receiving streams; shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted.
[48 FR 1163, Jan. 10, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

ENCORE COMPUTER CORPORATION
Financial Data Schedule
(in thousands except per share data)
For the years ended December 31,
                                                        1996      1995      1994
 Cash and cash items                                   3,936     3,490     2,517
 Marketable securities                                     0         0         0
 Notes and accounts receivable-trade                  15,584    14,828    24,872
 Allowances for doubtful accounts                       -614    -1,798    -5,017
 Inventory                                            13,896    15,796    27,555
 Total current assets                                 34,211    33,669    51,790
 Property, plant and equipment                        81,277    87,701    86,808
 Accumulated depreciation                            -47,901   -51,901   -45,887
 Total assets                                         69,256    72,537    99,021
 Total current liabilities                           101,506    28,179    31,553
 Bonds, mortgages and similar debt                       658       829     1,023
 Preferred stock no mandatory redemption                  45        41        28
 Common stock                                            373       361       341
 Other shrhldrs' eq (Cap'l deficiency)               -34,428     2,112   -22,409
 Total liabilities & equity                           69,256    72,537    99,021
 Sales of tangible products                           27,600    22,005    38,412
 Total revenues                                       47,627    49,328    76,550
 Cost of tangible goods sold                          35,786    34,975    60,907
 Total costs applicable to revenues                   53,608    55,693   127,398
 Other costs and expenses                                554       -75       -70
 Provision for doubtful accounts and notes              -550     2,735     2,928
 Interest and amortization of debt discount            3,324     2,786     3,235
 Loss before taxes                                   -71,096   -80,507   -54,013
 Income tax expense                                     -364       847       543
 Net loss                                            -70,732   -81,354   -54,556
 Earnings per share-primary                            -2.18     -2.37     -1.68
 Earnings per share-fully diluted                      -0.39     -0.54     -0.44











</TABLE>
#### LAURIER, Respondent, v. POLLOCK, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 30, 1903.)

Action by Eugene Laurier against Mariam B. Pollock personally and as administratrix, etc.

No opinion. Judgment and order affirmed, with costs.
#### § 7.106 Post-approval product audit.

Upon request by MSHA, but not more than once a year except for cause, the approval-holder shall make an approved diesel power package available for audit at no cost to MSHA.
#### MACKENZIE, Respondent, v. CITY OF BUFFALO, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 1, 1905.)

Action by John D. Mackenzie against the city of Buffalo. No opinion. Appeal dismissed, upon stipulation without costs to either party.
###### 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.

#### § 75.503-1 Statement listing all electric face equipment.

Each operator of a coal mine shall complete and file Mine Safety and Health Administration Form No. 6-1496 entitled “Coal Operator's Electrical Survey” and Form 6-1496 Supplemental entitled “Operator's Survey of Electrical Face Equipment.” Forms may be obtained from any MSHA Coal Mine Safety and Health district office. Separate forms shall be filed for each mine. Copies one and two of the completed form shall be filed with the Coal Mine District Manager for the district in which each mine is located on or before May 30, 1970. An operator must list all electric face equipment being used at each mine as of the time of filing, all such equipment being repaired, and all standby electric equipment stored at or in the mine which the operator intends to use as face equipment.

[35 FR 17890, Nov. 20, 1970, as amended at 71 FR 16668, Apr. 3, 2006]
<PAGE>

                                                                   EXHIBIT 4.4.1


        AMENDMENT NO. 1 TO THE PATTERSON-UTI ENERGY, INC. 2001 LONG-TERM
          INCENTIVE PLAN ADOPTED BY THE COMPENSATION COMMITTEE OF THE
                BOARD OF DIRECTORS OF PATTERSON-UTI ENERGY, INC.,
                       EFFECTIVE AS OF DECEMBER 31, 2001


                  RESOLVED, that the number of shares of the Company's common
         stock authorized for issuance under the Patterson-UTI Energy, Inc. 2001
         Long-Term Incentive Plan ("2001 Plan") be reduced from 2,000,000 to
         1,000,000 shares through an amendment to Section 1.5 of the 2001 Plan
         by deleting the number "2,000,000" in the second line of that Section
         and substituting the number "1,000,000" therefor.
### §2331. Procurement of detection equipment for United States border security

Of the amount authorized to be appropriated by section 301,1 $15,000,000 is available for the procurement of—

(1) equipment capable of detecting the movement of weapons of mass destruction and related materials into the United States;

(2) equipment capable of interdicting the movement of weapons of mass destruction and related materials into the United States; and

(3) materials and technologies related to use of equipment described in paragraph (1) or (2).

(Pub. L. 104–201, div. A, title XIV, §1421, Sept. 23, 1996, 110 Stat. 2725.)

#### **Editorial Notes**

#### References in Text

Section 301, referred to in text, is section 301 of Pub. L. 104–201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475, which is not classified to the Code.

1 See References in Text note below.
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.

§ 75.334 Worked-out areas and areas where pillars are being recovered. ( a ) Worked-out areas where no pillars have been recovered shall be— ( 1 ) Ventilated so that methane-air mixtures and other gases, dusts, and fumes from throughout the worked-out areas are continuously diluted and routed into a return air course or to the surface of the mine; or
( 2 ) Sealed.
( b ) ( 1 ) During pillar recovery a bleeder system shall be used to control the air passing through the area and to continuously dilute and move methane-air mixtures and other gases, dusts, and fumes from the worked-out area away from active workings and into a return air course or to the surface of the mine.
( 2 ) After pillar recovery a bleeder system shall be maintained to provide ventilation to the worked-out area, or the area shall be sealed.
( c ) The approved ventilation plan shall specify the following: ( 1 ) The design and use of bleeder systems;
( 2 ) The means to determine the effectiveness of bleeder systems;
( 3 ) The means for adequately maintaining bleeder entries free of obstructions such as roof falls and standing water; and
( 4 ) The location of ventilating devices such as regulators, stoppings and bleeder connectors used to control air movement through the worked-out area.
( d ) If the bleeder system used does not continuously dilute and move methane-air mixtures and other gases, dusts, and fumes away from worked-out areas into a return air course or to the surface of the mine, or it cannot be determined by examinations or evaluations under § 75.364 that the bleeder system is working effectively, the worked-out area shall be sealed.
( e ) Each mining system shall be designed so that each worked-out area can be sealed. The approved ventilation plan shall specify the location and the sequence of construction of proposed seals.
( f ) In place of the requirements of paragraphs (a) and (b) of this section, for mines with a demonstrated history of spontaneous combustion, or that are located in a coal seam determined to be susceptible to spontaneous combustion, the approved ventilation plan shall specify the following: ( 1 ) Measures to detect methane, carbon monoxide, and oxygen concentrations during and after pillar recovery, and in worked-out areas where no pillars have been recovered, to determine if the areas must be ventilated or sealed.
( 2 ) Actions that will be taken to protect miners from the hazards of spontaneous combustion.
( 3 ) If a bleeder system will not be used, the methods that will be used to control spontaneous combustion, accumulations of methane-air mixtures, and other gases, dusts, and fumes in the worked-out area.
1

 The Honorable Richard G. Kopf, Chief Judge, United States District Court

for the District of Nebraska.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 03-3941

___________

Neil Lewis, * 

* 

Appellant, * 

* Appeal from the United States

v. * District Court for the 

* District of Nebraska.

Roberts Dairy Company, LLC, * 

* [UNPUBLISHED]

Appellee. * 

___________

Submitted: June 18, 2004

Filed: July 26, 2004

___________

Before SMITH, BEAM, and COLLOTON, Circuit Judges.

___________

PER CURIAM.

After his termination from employment with the Roberts Dairy Company

("Roberts"), Neil Lewis brought a claim of age and disability discrimination against

his former employer. Lewis's discrimination claims were submitted to the district

court1

 on the record that existed after a jury trial in which the jury failed to reach a

verdict on the merits of his case. The district court concluded that Lewis's termination

was based on a legitimate business reason and entered judgment in favor of Roberts.
-2-

The district court also found that Lewis failed to establish that he was disabled and

that Lewis's termination was not based on his age. 

Lewis claims that the district court's factual findings were clearly erroneous

and urges this court to overturn the district court's dismissal of his discrimination

claims. Having carefully reviewed the record, we find no error in the trial court's

disposition of this matter. Therefore, the judgment is affirmed. See 8th Cir. R. 47B.

______________________________
gpo90109
§ 77.307 Thermal dryers; location and installation; general. ( a ) Thermal dryer systems erected or installed at any coal mine after June 30, 1971 shall be located at least 100 feet from any underground coal mine opening, and 100 feet from any surface installation where the heat, sparks, flames, or coal dust from the system might cause a fire or explosion.
( b ) Thermal dryer systems erected or installed after June 30, 1971 may be covered by roofs, however, such systems shall not be otherwise enclosed unless necessary to protect the health and safety of persons employed at the mine. Where such systems are enclosed, they shall be located in separate fireproof structures of heavy construction with explosion pressure release devices (such as hinged wall panels, window sashes, or louvers); which provide at least 1 square foot of area for each 80 cubic feet of space volume and which are distributed as uniformly as possible throughout the structure.
#### §§ 585.430-585.431 [Reserved]
§ 586.201 How do I request an Alternate Use RUE? To request an Alternate Use RUE, you must submit to BOEM all of the following: ( a ) The name, address, email address, and phone number of an authorized representative.
( b ) A summary of the proposed activities for the use of an existing OCS facility, including: ( 1 ) The type of activities that would involve the use of the existing OCS facility;
( 2 ) A description of the existing OCS facility, including a map providing its location on the lease block;
( 3 ) The names of the owner of the existing OCS facility, the operator, the lessee, and any owner of operating rights on the lease at which the facility is located;
( 4 ) A description of additional structures or equipment that will be required to be located on or in the vicinity of the existing OCS facility in connection with the proposed activities;
( 5 ) A statement indicating whether any of the proposed activities are intended to occur before existing activities on the OCS facility have ceased; and
( 6 ) A statement describing how existing activities at the OCS facility will be affected if proposed activities are to occur at the same time as existing activities at the OCS facility.
( c ) A statement affirming that the proposed activities sought to be approved under this subpart are not otherwise authorized by other provisions in this subchapter or any other Federal law.
( d ) Evidence that you meet the requirements of § 586.107, as required by § 586.108.
( e ) The signatures of the applicant, the owner of the existing OCS facility, and the lessee of the area in which the existing facility is located.
EXHIBIT 32.2



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

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



In connection with the Quarterly Report of The Dixie Group, Inc. (the "Company") on Form 10-Q/A for the quarter ended July 1, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gary A. Harmon, the Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



(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/GARY A. HARMON

Gary A. Harmon, Chief Financial Officer
Date:    July 13, 2007



A signed original of this written statement required by Section 906 has been provided to The Dixie Group, Inc. and will be retained by The Dixie Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### § 44.10 Filing of petition; service.

A petition for modification of the application of a mandatory safety standard under section 101(c) of the Act may be filed only by the operator of the affected mine or any representative of the miners at such mine. All petitions must be in writing and must be filed with the Director, Office of Standards, Regulations, and Variances, Mine Safety and Health Administration, 201 12th Street South, Arlington, VA 22202-5452. If the petition is filed by a mine operator, a copy of the petition shall be served by the mine operator upon a representative of miners at the affected mine. If the petition is filed by a representative of the miners, a copy of the petition shall be served by the representative of miners upon the mine operator. Service shall be accomplished personally or by registered or certified mail, return receipt requested.

[55 FR 53440, Dec. 28, 1990, as amended at 67 FR 38384, June 4, 2002; 80 FR 52985, Sept. 2, 2015]
# C_2023227EN.01001201.xml

| 29.6.2023 | EN | Official Journal of the European Union | C 227/12 |
| --- | --- | --- | --- |

29.6.2023

EN

Official Journal of the European Union

C 227/12

---

Special report 18/2023:

‘EU climate and energy targets – 2020 targets achieved, but little indication that actions to reach the 2030 targets will be sufficient’

(2023/C 227/09)

The European Court of Auditors has published its special report 18/2023: ‘EU climate and energy targets – 2020 targets achieved, but little indication that actions to reach the 2030 targets will be sufficient’.

The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/publications/sr-2023-18

---
METAL / NONMETAL

Serious Accident

Surface Copper – A miner was installing a rock knocker on the rear 

wheel of a haul truck from a man lift. After finishing, the miner began 

to move the man lift and was pinned between the control panel of the 

lift and the bottom of the bed of the haul truck.

BEST PRACTICES

• Ensure persons understand safe job procedures and eliminate all 

hazards before beginning work.

• Ensure persons are properly task trained regarding safe operating 

procedures before allowing them to operate mobile equipment.

• Ensure that all operating systems and safety features on mobile 

equipment are maintained and functional at all times.

• Follow the manufacturer's operators manual and ensure required 

tests are performed on equipment.

• When using man lifts in work areas with limited space, ensure that 

the controls are placed in the slowest speed to avoid abrupt 

movement.

• Ensure persons working around lifts can safely lower them if the 

operator becomes incapacitated.

• Establish and discuss safe work procedures. Identify and control all 

hazards.