alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Judgment of the Court of First Instance (Second Chamber) of 20 June 2007 – Tirrenia di Navigazione and Others v Commission**

**(Case T-246/99)**

State Aid – Maritime transport – Decision to initiate the procedure under Article 88(2) EC – New aid – Existing aid

1.                     *Actions for annulment – Subject-matter (Art. 88(2), first para., and (3) EC; Council Regulation No 659/1999, Arts 7(2) to
(5) and 14; Commission Decisions Nos 2001/851 and 2005/163) (see paras 43-45)*

2.                     *Procedure – Introduction of new pleas during the proceedings (Rules of Procedure of the Court of First Instance, Art. 48(2))
(see paras 56, 58-59)*

3.                     *Procedure – Obligation on the Court to remain within the framework of the dispute (Rules of Procedure of the Court of First
Instance, Art. 48(2)) (see paras 102-103, 107)*

4.                     *State aid – Commission decision – Assessment of legality by reference to information available at the time the decision was
adopted (see para. 108)*

5.                     *Actions for annulment – Action brought before the Court of First Instance by a State aid beneficiary against a Commission
decision – Obligation on the Court of First Instance, after a suspension of proceedings, to hold to the interpretation given
by the Court of Justice in a judgment delivered in the interim (Council Regulation No 3577/92, Art. 4(3)) (see paras 162-165)*

**Re:**

| |
| --- |
| ANNULMENT of the Commission’s decision of 6 August 1999 to initiate the procedure under Article 88(2) EC concerning the State aid granted by the Italian Republic to undertakings in the Tirrenia di Navigazione group (OJ 1999 C 306, p. 2). |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| | | Dismisses the action; |

| | | |
| --- | --- | --- |
| | | Orders the applicants to bear their own costs and to pay those of the Commission and the interveners Navigazione Libera del Golfo SpA, Linee Lauro Srl, Traghetti Pozzuoli Srl and Alilauro SpA; |

| | | |
| --- | --- | --- |
| | | Orders the intervener Aliscafi Società Navigazione Alta Velocità SpA (Aliscafi SNAV) to bear its own costs. |
#### UPTON et al., Plaintiffs, v. SCOTTISH UNION & NATIONAL INS. CO., Defendant.

(Supreme Court, Appellate Division, Fourth Department.

November 18, 1902.)

Action by Eli M. Upton and another against the Scottish Union & National Insurance Company.

No opinion. Defendant’s exceptions overruled, motion for -new trial denied, with costs, and judgment ordered for the plaintiffs upon the verdict, with costs.
#### § 870.1 Scope.

This part sets out our procedures to collect fees for the Fund and to report coal production.

[73 FR 67631, Nov. 14, 2008]
### §4232. Definitions

As used in this subchapter—

(1) the term "Administrator" means the person appointed by the Secretary under section 4234 of this title;

(2) the term "affected Aleut villages" means the surviving Aleut villages of Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska, and the Aleut village of Attu, Alaska;

(3) the term "Association" means the Aleutian/Pribilof Islands Association, Inc., a nonprofit regional corporation established for the benefit of the Aleut people and organized under the laws of the State of Alaska;

(4) the term "Corporation" means the Aleut Corporation, a for-profit regional corporation for the Aleut region organized under the laws of the State of Alaska and established under section 1606 of title 43;

(5) the term "eligible Aleut" means any Aleut living on August 10, 1988—

(A) who, as a civilian, was relocated by authority of the United States from his or her home village on the Pribilof Islands or the Aleutian Islands west of Unimak Island to an internment camp, or other temporary facility or location, during World War II; or

(B) who was born while his or her natural mother was subject to such relocation;

(6) the term "Secretary" means the Secretary of the Interior;

(7) the term "Fund" means the Aleutian and Pribilof Islands Restitution Fund established in section 4233 of this title; and

(8) the term "World War II" means the period beginning on December 7, 1941, and ending on September 2, 1945.

(Pub. L. 100–383, title II, §202, Aug. 10, 1988, 102 Stat. 911.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 1989c–1 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
#### § 910.778 Permit applications—minimum requirements for legal, financial, compliance, and related information.

Part 778 of this chapter, *Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information,* shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.

[52 FR 13807, Apr. 24, 1987]
xml version="1.0" encoding="UTF-8"?


C\_2023137EN.01001801.xml


| | | | |
| --- | --- | --- | --- |
| 20.4.2023 | EN | Official Journal of the European Union | C 137/18 |

---

Corrigendum to Communication in accordance with Article 34 (7)(a)(iii) of Regulation (EU) No 952/2013 of the European Parliament and of the Council, on decisions relating to binding information issued by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature

(
[Official Journal of the European Union C 114 of 29 March 2023](http://publications.europa.eu/resource/oj/JOC_2023_114_R_TOC)
)

(2023/C 137/10)

On page 32:

for:

‘Classification Opinions approved by the HS Committee

1704.90/12 O/2

2106.10/3 O/3

2404.19/3 O/12

2933.39/1 P (\*)

3002.49/1 P (\*\*)

3917.10/1 O/4

4418.91/1 O/5

8432.80/1 O/6

8504.40/3 O/7

8539.51/1 O/14

9032.89/2 O/7

Classification Opinions deleted by the HS Committee

2106.90/5 O/17’,

read:

‘Classification Opinions approved by the HS Committee

1704.90/12 O/2

2106.10/3 O/3

2404.19/3 O/12

2933.39/1 P (\*)

3002.49/1 P (\*\*)

3917.10/1 O/4

4418.91/1 O/5

8432.80/1 O/6

8504.40/3 O/7

8539.51/1 O/14

9032.89/2 O/7

Classification Opinions deleted by the HS Committee

2106.90/5 O/17

| | |
| --- | --- |
| (\*) | Renumber present Opinion 3808.93/1 as 2933.39/1 (HS2022). |

| | |
| --- | --- |
| (\*\*) | Renumber present Opinion 3002.90/1 as 3002.49/1 (HS2022).’. |

---
a USGS U.S. DEPARTMENT OF THE INTERIOR

science for a changing world U.S. GEOLOGICAL SURVEY

PROFESSIONAL PAPER 1411-A
Thickness and lithology of the Bighorn aquifer-—PLATE 9

Geldon, A... 2002, Geology of Paleozoic recs in the Upper Colorado Fiver Basin in
Arizona, Colorado, New Mexico, Utah, and Wyoming, excluding the San Juan Basin

GALLATIN
LIMESTONE
AND BIGHORN
DOLOMITE

MUAV LIMESTONE
AND EQUIVALENTS

NO DATA

1:2,000,000

25 50 75 100 MILES
J

! 1 1
T

25 50 75 100 KILOMETERS

oo

STRATIGRAPHIC NOMENCLATURE AND THICKNESS

AREA EXCLUDED FROM STUDY

2.)

Springs g

pS oy.

Navajo
Reservoir wk

J

—_0r

PEERLESS FORMATION,
MANITOU DOLOMITE,
HARDING SANDSTONE,

39° AND FREMONT LIMESTONE

BOUNDARY OF
UPPER COLORADO
RIVER BASIN

37°

NO DATA

1:2,000,000

25 50 75 100 MILES

oo

; | 1 | i - | j
2 50 75 100 KILOMETERS

LITHOLOGY

BOUNDARY OF
UPPER COLORADO

RIVER BASIN

i t

‘Navajo

Reservoir 4

Pagosa
Springs

AREA EXCLUDED FROM STUDY }

fe
—"109°

= 36°

JS

EXPLANATION

ean Area where Bighorn aquifer is missing because of erosion or nondeposition
or thrust under Precambrian rocks

e Borehole with lithologic log used to prepare map

+ Measured surface stratigraphic section used to prepare map

Stratigraphic Nomenclature and Thickness

er Area where Bighorn aquifer crops out (generalized)

—400—— Line of equal thickness—Interval is 200 feet. In the southwestern corner
of the area, the 1,100-foot contour is shown to aid interpretation. In Wyoming,
the 1,900-foot contour is shown

Approximate boundary between component geologic units

Lithology

Limestone and dolomite with shale interbeds and generally less than 5
percent sandstone interbeds

Limestone and dolomite with shale and sandstone interbeds that locally
— exceed the carbonate rocks in abundance

—s60— Line of equal percent carbonate rocks—Location generally is approximate.
Interval is 20 percent

Approximate boundary between lithofacies

Base from U.S. Geological Survey
U.S. base map, 1:2,500,000

STRATIGRAPHIC NOMENCLATURE, THICKNESS, AND LITHOLOGY OF THE BIGHORN AQUIFER IN THE UPPER COLORADO RIVER BASIN AND VICINITY

IN ARIZONA, COLORADO, NEW MEXICO, UTAH, AND WYOMING

By
Arthur L. Geldon
Paya
#### Robert Melvin LOWE, Appellant, v. UNITED STATES of America, Appellee.

No 4795.

United States Court of Appeals Tenth Circuit.

March 27, 1954.

James L. Tilly, Denver, Colo., for Appellant.

„ , , _ John F. Raper Jr. U S. Atty., and C. N. Bloomfield, Jr., Asst. U. S. Atty., Cheyenne, Wyo., for the United States.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

PER CURIAM.

This is an appeal from an order deny-ing a motion to set aside a sentence under 28 U.S.C.A. § 2255. The questions presented were decided adversely to appellant’s contentions in Craig v. Hunter, 10 Cir., 167 F.2d 721. On authority of ^*at decision, the order is affirmed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

          - [Release No. IA-5646]

# ADDRESSES:

                         The Commission:                         *Secretarys-Office@sec.gov.*

# FOR FURTHER INFORMATION CONTACT:

 Alexis Palascak, Senior Counsel at 202-551-6999; SEC, Division of Investment Management, Investment Adviser Regulation Office, 100 F Street NE, Washington, DC 20549-8549.

                            For the Commission, by the Division of Investment Management, pursuant to delegated authority.[3] 

J. Matthew DeLesDernier,

Assistant Secretary.

# Footnotes

1.                             The registrant filed its most recent Form ADV, which was an “other-than-annual amendment,” on May 31, 2017.                    
        Back to Citation      

2.                             Rule 204-1 under the Act requires any adviser that is required to complete Form ADV to amend the form at least annually and to submit the amendments electronically through the Investment Adviser Registration Depository.                    
        Back to Citation      

3.                                     17 CFR 200.30-5(e)(2).                            
        Back to Citation      

[FR Doc. 2020-27788 Filed 12-16-20; 8:45 am]

BILLING CODE 8011-01-P
#### The People of the State of New York, Respondent, v. Kenneth James, Appellant.

Motion to enlarge time granted; appellant to perfect the appeal for the November 1960 Term; appeal ordered to be placed on the calendar for November 7, 1960. Nolan, P. J., Beldoek, Ughetta, Christ and Pette, JJ., concur.
#### § 36.21 Engine for equipment considered for certification.

Only equipment powered by a compression-ignition (diesel) engine and burning diesel fuel will be considered for approval and certification. The starting mechanism shall be actuated pneumatically, hydraulically, or by other methods acceptable to MSHA. Electric starting shall not be accepted. Engines burning other fuels or utilizing volatile fuel starting aids will not be investigated.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]
### §100704. Inventory and monitoring program

The Secretary shall undertake a program of inventory and monitoring of System resources to establish baseline information and to provide information on the long-term trends in the condition of System resources. The monitoring program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective approach.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 100704 | 16 U.S.C. 5934. | Pub. L. 105–391, title II, §204, Nov. 13, 1998, 112 Stat. 3500. |

Section
#### AEROVOX CORP. v. NATIONAL LABOR RELATIONS BOARD.

No. 11811.

United States Court of Appeals District of Columbia Circuit.

Argued Dec. 7,1953.

Decided Jan. 28, 1954.

Writ of Certiorari Denied May 17, 1954.

See 74 S.Ct. 779.

Miller, Circuit Judge, dissented.

Mr. Harold D. Cohen, Washington, D. C., with whom Messrs. Michael War-is, Jr., and John K. Pickens, Washington, D. C., were on the brief, for petitioner.

Mr. Bernard Dunau, Atty., National Labor Relations Board, Washington, D. C., with whom Mr. A. Norman Somers, Asst. Gen. Counsel, National Labor Relations Board, Washington, D. C., was on the brief, for respondent.

Before WILBUR K. MILLER, PRET-TYMAN and WASHINGTON, Circuit Judges.

PRETTYMAN, Circuit Judge.

This is a petition to review an order of the National Labor Relations Board. The order directed appellant to cease and desist from certain acts found to constitute domination over a labor organization of its employees, and to take specified affirmative action to effectuate the policies of the National Labor Relations Act. This directed action includes withdrawal of recognition from the Aerovox Plant Committee as representative of the employees for collective bargaining purposes and the reinstatement of an employee named Cordeiro who had been discharged by the company.

The company says that neither of the two principal findings of the Board, i. e., domination of the employees’ organization and the reason for the discharge of Cordeiro, is supported by substantial evidence. We have examined the record as it is presented to us and find the supporting evidence ample.

The company says the union which brought the charges against it has abused the Board’s processes by filing false non-Communist affidavits and therefore the charges ought not to be entertained. That matter was decided adversely to the company’s contention in Farmer v. United Electrical, Radio and Machine Workers.1

The order of the Board will be affirmed and an order of enforcement entered. In respect to the latter order it is to be understood that we do not read

*641the order of the Board as forbidding any organization or type of organization which the employees of Aerovox Corporation by their own undominated and uninfluenced wish may choose to form and designate as their representative. References in the Board’s order to certain labor organizations by name are not understood by us to require or even to intimate that those organizations or organizations of that type must be chosen or are to be given any preference whatsoever over any other organization by the Aerovox employees. In situations like this one the Board has no more authority than has the company to dictate to employees what labor organization shall represent them, and, as we read the Board’s order, it made no attempt to do so. The order as thus read by us is the order which will be enforced under our order.

Affirmed.

WILBUR K. MILLER, Circuit Judge, dissents.

1

. 93 U.S.App.D.C.-, 211 F.2d 36 (1953).
### §60504. Tornadoes and other severe storms

The Administrator shall ensure that the Administration gives high priority to those parts of its existing cooperative activities with the National Oceanic and Atmospheric Administration that are related to the study of tornadoes and other severe storms, tornado-force winds, and other factors determined to influence the development of tornadoes and other severe storms, with the goal of improving the Nation's ability to predict tornados and other severe storms. Further, the Administrator shall examine whether there are additional cooperative activities with the National Oceanic and Atmospheric Administration that should be undertaken in the area of tornado and severe storm research.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3425.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 60504 | 42 U.S.C. 17714. | Pub. L. 110–422, title II, §208, Oct. 15, 2008, 122 Stat. 4786. |

Section
#### § 850.1 Scope.

This part establishes the requirements and the procedures applicable to the development of regulatory programs for training, examination, and certification of persons engaging in or directly responsible for the use of explosives in surface coal mining operations.
### §1520. Repealed. Pub. L. 105–85, div. A, title X, §1078(g), Nov. 18, 1997, 111 Stat. 1916, and Pub. L. 105–277, div. I, title VI, §601, Oct. 21, 1998, 112 Stat. 2681–886

Section, Pub. L. 95–79, title VIII, §808, July 30, 1977, 91 Stat. 334; Pub. L. 97–375, title II, §203(a)(1), Dec. 21, 1982, 96 Stat. 1822, related to use by the Department of Defense of human subjects for testing of chemical or biological agents, accounting to congressional committees with respect to experiments and studies, and notification of local civilian officials.
### §103302. Camps for military instruction

(a) Assembling of Forces and Detailing of Instructors.—The Secretary of the Army or Secretary of the Air Force, within the limits of appropriations that may be available for that purpose, may assemble in camp at such season of the year and for such period as the Secretary of the Army or Secretary of the Air Force may designate, at the field of military maneuvers, such portions of the military forces of the United States as the Secretary of the Army or Secretary of the Air Force may think best, to receive military instruction there. The Secretary of the Army of Secretary of the Air Force may detail instructors from the Regular Army or Regular Air Force, respectively, for those forces during their exercises.

(b) Regulations.—The Secretary of the Army or Secretary of the Air Force may prescribe regulations governing the assembling of the National Guard or militia of the States on the maneuvering grounds.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3165.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 103302 | 16 U.S.C. 412. | May 15, 1896, ch. 182, §2, 29 Stat. 121; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. |

Section

In this section, the words "or Secretary of the Air Force" and "or Regular Air Force" are added because certain functions, personnel, and property, insofar as they pertain to the Air Force, were transferred from the Secretary of the Army and Department of the Army to the Secretary of the Air Force and Department of the Air Force by Secretary of Defense Transfer Order Nos. 1, September 26, 1947; 10, April 27, 1948; and 40 [App. B(65)], July 22, 1949.

In subsection (b), the words "and publish" are omitted because of 44 U.S.C. 1505.
#### § 77.603 Clamping of trailing cables to equipment.

Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections.
#### § 939.701 General.

Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining and reclamation operations in Rhode Island.
### §167e. Intragovernmental cooperation

The Secretary of Defense and the Chairman of the Atomic Energy Commission may each designate representatives to cooperate with the Secretary in carrying out the purposes of this chapter, and shall have complete right of access to plants, data, and accounts.

(Mar. 3, 1925, ch. 426, §7, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 921.)

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

#### Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.
§ 90.206 Exercise of option or transfer sampling. Cross Reference
Link to an amendment published at 89 FR 28484 , Apr. 18, 2024.
The following is required until April 14, 2025: ( a ) The operator shall take five valid representative dust samples for each part 90 miner within 15 calendar days after: ( 1 ) The 20-day period specified for each part 90 miner in § 90.100; and
( 2 ) Implementing any transfer after the 20th calendar day following receipt of notification from MSHA that a part 90 miner is employed at the mine.
( b ) Noncompliance with the applicable standard shall be determined in accordance with § 90.207(d) of this part.
( c ) Upon issuance of a citation for a violation of the applicable standard, the operator shall comply with § 90.207(f) of this part.
[79 FR 24990, May 1, 2014, as amended at 89 FR 28484, Apr. 18, 2024]
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-19-00210-CV

IN RE Justin HALL

Original Mandamus Proceeding1

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Luz Elena D. Chapa, Justice

Beth Watkins, Justice

Delivered and Filed: August 7, 2019

ORIGINAL PROCEEDING DISMISSED FOR WANT OF PROSECUTION

On April 8, 2019, relator filed a petition for writ of mandamus complaining of an order

signed by the Honorable Tom Rickhoff on March 29, 2018. However, Judge Rickhoff, the

respondent, is no longer the presiding judge of Bexar County Probate Court No. 2. When one

named in his official capacity as a party to an original proceeding no longer holds the office,

abatement is required to allow that party’s successor to “reconsider the original party’s decision.”

See TEX. R. APP. P. 7.2(b). Accordingly, we ordered the substitution of Judge Veronica Vasquez 

as respondent in this original proceeding, see TEX. R. APP. P. 7.2(a), and abated this cause to allow 

Judge Vasquez to rule de novo on Frances A. Hall’s “Plea to the Jurisdiction and, In the 

Alternative, Motion for Traditional Summary Judgment.” On June 28, 2019, Judge Vasquez

 1 This proceeding arises out of Cause No. 2013-PC-3848, styled In the Estate of Bill Hall, Jr., Deceased, pending in 

the Probate Court No. 2, Bexar County, Texas, the Honorable Veronica Vasquez presiding.
04-19-00210-CV

- 2 -

signed an order stating, in part, that relator’s “Motion to Reconsider Prior Judge’s Order Granting 

Frances A. Hall’s Plea to the Jurisdiction is DENIED.” Thereafter, relator filed a motion in this 

court requesting an extension of time in which to file an amended petition for writ of mandamus. 

On July 2, 2019, this court granted the motion, ordered the amended petition or a motion to dismiss

be filed by July 15, 2019, and cautioned relator that if he did not timely respond, this original 

proceeding would be dismissed for want of prosecution. 

On July 24, 2019, relator filed a second motion asking for an extension of time until “no 

later than Monday, July 29, 2019.” On July 25, 2019, this court granted the motion, ordered the 

amended petition or a motion to dismiss be filed by July 29, 2019, and again cautioned relator that 

if he did not timely respond, this original proceeding would be dismissed for want of prosecution. 

Our order also stated no further extensions of time would be considered.

Relator has not responded to this court’s order; therefore, we dismiss this original 

proceeding for want of prosecution.

PER CURIAM