alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 816
Editorial Note: At 82 FR 54979, 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 816 made effective on Jan. 19, 2017, at 81 FR 93392, Dec. 20, 2016.

§ 816.89 Disposal of noncoal mine wastes. ( a ) Noncoal mine wastes including, but not limited to grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.
( b ) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area or a State-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of 2 feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with §§ 816.111 through 816.116. Operation of the disposal site shall be conducted in accordance with all local, State and Federal requirements.
( c ) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an excavation for a noncoal mine waste disposal site be located within 8 feet of any coal outcrop or coal storage area.
[48 FR 44030, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17, 1991; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-1084

ROGER C. MENNER,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior

District Judge. (CA-95-16-MC)

Submitted: May 16, 1996 Decided: June 3, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Roger C. Menner, Appellant Pro Se. Gary R. Allen, UNITED STATES

DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying his

petition to quash third-party summonses of the Internal Revenue

Service. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. Menner v. United States, No. CA95-16-MC (E.D. Va. Dec. 22, 1995). We grant the Government's motion

to file an informal brief out of time. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-30-1997
<PERIOD-START>                             JAN-26-1996
<PERIOD-END>                               JAN-30-1997
<CASH>                                          22,834
<SECURITIES>                                         0
<RECEIVABLES>                                   49,911
<ALLOWANCES>                                         0
<INVENTORY>                                    356,933
<CURRENT-ASSETS>                               451,374
<PP&E>                                         703,332
<DEPRECIATION>                                 285,943
<TOTAL-ASSETS>                                 879,649
<CURRENT-LIABILITIES>                          286,509
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,484
<OTHER-SE>                                     553,586
<TOTAL-LIABILITY-AND-EQUITY>                   879,649
<SALES>                                      2,828,338
<TOTAL-REVENUES>                                     0
<CGS>                                        2,074,084
<TOTAL-COSTS>                                2,730,826
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 97,512
<INCOME-TAX>                                    38,900
<INCOME-CONTINUING>                             58,612
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    58,612
<EPS-PRIMARY>                                     1.49
<EPS-DILUTED>                                        0
        

</TABLE>
### §7324. Political activities on duty; prohibition

(a) An employee may not engage in political activity—

(1) while the employee is on duty;

(2) in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof;

(3) while wearing a uniform or official insignia identifying the office or position of the employee; or

(4) using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof.

(b)(1) An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States.

(2) Paragraph (1) applies to an employee—

(A) the duties and responsibilities of whose position continue outside normal duty hours and while away from the normal duty post; and

(B) who is—

(i) an employee paid from an appropriation for the Executive Office of the President; or

(ii) an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws.

(Added Pub. L. 103–94, §2(a), Oct. 6, 1993, 107 Stat. 1003.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 7324, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 525; Pub. L. 93–268, §4(a), Apr. 17, 1974, 88 Stat. 87, prohibited Executive agency employees and employees of the District of Columbia from influencing elections or taking part in political campaigns, prior to the general revision of this subchapter by Pub. L. 103–94.
<TABLE> <S> <C>

<ARTICLE> 5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
INCLUDED IN SUCH REPORT.
</LEGEND>


<S>                     <C>
<PERIOD-TYPE>           12-MOS
<FISCAL-YEAR-END>       DEC-31-1996
<PERIOD-END>            DEC-31-1996

<CASH>                          22,821,808
<SECURITIES>                          0
<RECEIVABLES>                    2,986,135
<ALLOWANCES>                          0
<INVENTORY>                           0
<CURRENT-ASSETS>                25,807,943
<PP&E>                          24,367,496
<DEPRECIATION>                  14,873,703
<TOTAL-ASSETS>                 138,673,945
<CURRENT-LIABILITIES>            3,159,719
<BONDS>                         63,630,727
<COMMON>                              0
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<OTHER-SE>                      54,760,140
<TOTAL-LIABILITY-AND-EQUITY>   138,673,945
<SALES>                         28,415,164
<TOTAL-REVENUES>                29,639,293
<CGS>                                 0
<TOTAL-COSTS>                   18,005,442
<OTHER-EXPENSES>                   664,899
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>               7,665,413
<INCOME-PRETAX>                  3,303,539
<INCOME-TAX>                          0
<INCOME-CONTINUING>              2,904,154
<DISCONTINUED>                   3,024,587
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                     5,928,741
<EPS-PRIMARY>                        30.48
<EPS-DILUTED>                        30.48




</TABLE>
```

                                                                    Exhibit 32.2

                                  CERTIFICATION
           PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (SUBSECTIONS (A) AND (B)
          OF SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of AMERICAN TECHNICAL CERAMICS CORP., a Delaware corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

The Annual Report on Form 10-K for the period ended June 30, 2005 (the "Form
10-K") of the Company fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, and the information contained in
the Form 10-K fairly presents, in all material respects, the financial condition
and results of operations of the Company.

                  Dated:   October 4, 2005                /S/ANDREW R. PERZ
                         -----------------------       -------------------------

                                                        Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
```
### §6121. Definitions

For purposes of this subchapter—

(1) "agency" means any Executive agency, any military department, the Government Publishing Office, the Library of Congress, the Architect of the Capitol, and the Botanic Garden;

(2) "employee" has the meaning given the term in subsection (a) of section 2105 of this title, except that such term also includes an employee described in subsection (c) of that section;

(3) "basic work requirement" means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise;

(4) "credit hours" means any hours, within a flexible schedule established under section 6122 of this title, which are in excess of an employee's basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday;

(5) "compressed schedule" means—

(A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and

(B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays;

(6) "overtime hours", when used with respect to flexible schedule programs under sections 6122 through 6126 of this title, means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours;

(7) "overtime hours", when used with respect to compressed schedule programs under sections 6127 and 6128 of this title, means any hours in excess of those specified hours which constitute the compressed schedule; and

(8) "collective bargaining", "collective bargaining agreement", and "exclusive representative" have the same meanings given such terms—

(A) by section 7103(a)(12), (8), and (16) of this title, respectively, in the case of any unit covered by chapter 71 of this title; and

(B) in the case of any other unit, by the corresponding provisions applicable under the personnel system covering this unit.

(Added Pub. L. 97–221, §2(a)(2), July 23, 1982, 96 Stat. 227; amended Pub. L. 101–163, title III, §312, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 104–106, div. A, title X, §1041, Feb. 10, 1996, 110 Stat. 433; Pub. L. 111–68, div. A, title I, §1302(1), Oct. 1, 2009, 123 Stat. 2034; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537.)

#### **Editorial Notes**

#### Amendments

2009—Par. (1). Pub. L. 111–68 substituted "the Library of Congress, the Architect of the Capitol, and the Botanic Garden" for "and the Library of Congress".

1996—Par. (2). Pub. L. 104–106 amended par. (2) generally. Prior to amendment, par. (2) read as follows: " 'employee' has the meaning given it by section 2105 of this title;".

1989—Par. (1). Pub. L. 101–163 inserted "the Government Printing Office," after "military department,".

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

#### Change of Name

"Government Publishing Office" substituted for "Government Printing Office" in par. (1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
### !Jill SERVED: NOVEMBER 9, 2012

.

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF 

### FROSTAD ATELIER, INC. FAA DOCKET No. [TO BE ASSIGNED] (Civil.Penalty Action) FDMS No. FAA-2011-0294


### ORDER AMENDING BRIEFING SCHEDULE 

## 11

The motion dated October 31, 2012, ofRespondentFrostad Atelier, Inc. ("Respondent") is granted insofar as it asks for an extension oftime to file its Post-Hearing brief. The Post Hearing Briefing Schedule established by Order served October 11, 2012 is hereby**~mended** as follows: 1. The Post•HearingBriefofRespondent FrostadAtelier, Inc. shall be filed on or before December 7, 2012; and 2. The Rebuttal Briefofthe Federal Aviation Administration, ifany, shall be filed on or before December 17, 2012. The parties are reminded that the docket, other than Volume I ofthe transcript, is sealed. See Order Sealing Docket, served August 10, 2012. In accordance with the terms ofthat Order, the parties shall file any portion oftheir briefsthat is based onthe.**se~ed** portion ofthe docket2
under seaL Ifmaterial in a party's briefwhich must be placed under seal is not, as a practical matter, segregable from the remainder ofthe brief, the briefin its entirety shall be filed under seal. The parties are also reminded that obtaining the transcriptis their responsibility. No further extensions ofthe time for filing briefs will be granted.

# ~~**CJ~!J~(JZ** Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service ListSERVICE LIST ORIGINAL 

### & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 1 ONE COPY David W. Williams, Respondent's Counsel Attorney at Law 16372 Underhill Lane Huntington Beach, CA 92647 TEL: 714-745-5610 Lisa J. Toscano, Complainant's Counsel Attorney, Office ofthe Regional Counsel, A**WP~7** Western-Pacific Region Federal Aviation Administration P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7110 FAJ(: 310-725-6816 FDMS No. FAA-2011-0294 (Civil Penalty Action)

The Honorable Richard C. Goodwin, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (£11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 'StaffAssistant FAJ(: 202-366-7536

1 Service was by U.S. Mail. For service inperson or by expedited courier, use the following address: Federal Aviation Administration, 600 Independel)ce Avenue, S.W., Wilbur Wright BuildingSuite 2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.
#### New Rochelle Thermatool Corporation, Respondent, v. West Plains Service, Inc., Appellant.

In an action to recover damages for breach *729of a lease agreement, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County, dated February 9, 1963, as denied its motion for judgment on the pleadings striking out paragraph eleventh of the first e-inise of action and dismissing the second cause of action alleged in the complaint (Rules Civ. Prae., rule 112). Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Ug'hetta, Acting P. J., Kleinfeld and Rabin, JJ., concur; Christ, J., dissents and votes to reverse the order insofar as appealed from and to grant the defendant’s motion for judgment on the pleadings, with the following memorandum: In view of the unambiguous provision contained in paragraph 37th of the lease agreement, it is my opinion that as matter of law plaintiff’s recovery is limited to a refund of the $5,000 paid by it as advance rent. There is nothing contained in the lease from which any inference can fairly be drawn that, in the event of its cancellation by the plaintiff, the plaintiff would he entitled to additional compensation or damages from the defendant. Brennan, J., not voting.
### §20702. Theft, destruction, concealment, mutilation, or alteration of records or papers; penalties

Any person, whether or not an officer of election or custodian, who willfully steals, destroys, conceals, mutilates, or alters any record or paper required by section 20701 of this title to be retained and preserved shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(Pub. L. 86–449, title III, §302, May 6, 1960, 74 Stat. 88.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 1974a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
**Judgment of the Court of First Instance (Seventh Chamber) of 13 November 2008 – Italy v Commission**

**(Case T-224/04)**

EAGGF – ‘Guarantee’ Section – Expenditure excluded from Community financing – Aid for the processing of tomatoes and production of olive oil

1.                     *Agriculture – EAGGF – Clearance of accounts – Procedure (see paras 38-39)*

2.                     *Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute
– Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance,
Art. 44(1)(c)) (see para. 41)*

3.                     *Agriculture – Common agricultural policy – EAGGF financing – Grant of aid and premiums (Art. 10 EC; Council Regulations Nos
729/70, Art. 8(1), and No 1258/1999, Art 1; Commission Regulation No 504/97, Art. 15(1)) (see paras 51-55)*

4.                     *Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of
the Community rules (see paras 56-58, 65, 98)*

5.                     *Acts of the institutions – Regulations – Regulation prescribing specific control measures (see para. 93)*

**Re:**

| | |
| --- | --- |
| | ACTION for partial annulment of Commission Decision 2003/536/EC of 22 July 2003 excluding from Community financing certain expenditure incurred by the Member States under the ‘Guarantee’ Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2003 L 184, p. 42) to the extent that it excludes certain expenditure by the Italian Republic in the financial years 1999 to 2002. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders the Italian Republic to pay the costs. |
#### Jacob Leventhal, Respondent, v. Frances Leventhal, Appellant.

In an action .by the plaintiff husband to set aside, on the ground of fraud, a deed to real property made by him to himself and to his wife (the defendant) as tenants by the entirety, in which a judgment was entered November 21, 1961 in favor of the husband adjudging him to be the sole owner of said property (affd. by this court 18 A D 2d 666, mot. for iv. to opp. den. 12 N T 2d 646), the defendant wife appeals from an order of the Supreme Court, Queens County, entered July 29, 1963, which denied her motion to vacate said judgment on the ■ground that plaintiff was not the real party in interest and, that, therefore, his prosecution of the action violated section 210 of the former Civil Practice Act. Order affirmed, with $10 costs and disbursements. It appears that prior to entry of the judgment the plaintiff husband had conveyed the property in question to a third person. On the wife’s prior appeal to this court from an order of February 11,1963, which granted the husband’s motion for a writ of assistance pursuant to section 985 of the former Civil Practice Act, she raised the same contention as the one raised on the present appeal. On July 1, 1963 that order was affirmed (19 A D 2d 777). The same contention was also raised on a motion to vacate the writ of assistance. That motion was denied by an order of Special *899Term, dated April 17, 1963, from, which no appeal was taken. While, with exceptions not here pertinent, the statute (former Civ. Prac. Act, § 210) provided that an action must be prosecuted by the real party in interest, the statute (Civ. Prac. Act, § 83; now CPLR, § 1018) also provided that the action may be continued after a transfer of interest by or against the original party unless the court directed that the transferee be substituted or joined. Section 83 of the Civil Practice Act qualified section 210 thereof to the extent that section 83 was applicable (2 Carmody-Wait, New York Practice, § 30, p. 100 and cases there cited). Moreover, defendant was not prejudiced by the transfer (2 Carmody-Wait, New York Practice, § 30, p. 100). Beldock, P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTEREDPUBLIC ACCOUNTING FIRM**

 

We have issued ourreports dated February 29, 2008, which include an explanatory paragraphdiscussing the adoption of Financial Accounting Standards Board Interpretation No. 48,*Accounting for Uncertainty in Income Taxes,*accompanying the consolidated financial statements and schedule and management’sassessment of the effectiveness of internal control over financial reportingincluded in the Annual Report of Hickory Tech Corporation on Form 10-K forthe year ended December 31, 2007. We hereby consent to the incorporation by reference of said reports inthe Registration Statements of HickoryTech Corporation on Form S-3 (No. 333-78051)and Form S-8 (Nos. 333-69827, 033-65142, 033-62718, 033-49704, 333-107932,333-78051 and 333-127394).

 

/s/ Grant Thornton LLP

 

 

Minneapolis, Minnesota

February 29, 2008

 

----