alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Pauline Albarella, Respondent, v. Glick Development, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.

Appeal by the employer and its carrier from a decision and award of death benefits on the ground that decedent’s death did not result from an industrial accident. Decedent, aged 71, was employed as the night watchman on a construction site in Brooklyn. On March 2, 1960 decedent reported for work at 11:30 p.m. The night was very cold and blustery, and the weather bureau statistics indicate 12.5 inches of snow fell during the night. At 2:00 a.m. decedent hailed two passing patrolmen and notified them that two men were acting suspiciously near the fence at the rear of the project and that he feared a possible entry. Decedent was observed to be very excited, and, in fact, one officer testified that he was so upset he was barely coherent. The patrolmen investigated and told the two men to move on. They then returned and told decedent what had transpired, but “ He was still excited and upset ” and requested the officers to remain. They stated they could not but promised to pass by from time to time during the night. Although the patrolmen did drive by on two later occasions, they never saw decedent. At 7:30 a.m. decedent was discovered lying in the snow 100 feet from the main gate with his flashlight near his body. Medical testimony indicated he had been dead about two hours and an autopsy listed the cause of death as “ occlusive coronary arteriosclerosis; cardiac hypertrophy”. There was evidence that shanties used to store workmen’s tools had been foreeably entered and that tools were scattered about nearby. Appellants urge that decedent’s activities did not entail greater exertion than that involved in the ordinary wear and tear of life and that, therefore, the test established in *Matter of Burris*v. *Lewis*(2 N Y 2d 323) had not been met. There is authority that physical injuries resulting from undue anxiety or emotional stress are compensable, especially where as here, in addition, physical and environmental stresses such as the blustery, stormy night are present *(Matter of Klimas*v. *Trans Caribbean Airways¡*10 N Y 2d 209). And this is so whether *921the strain or stress is sudden or prolonged *(Matter of Anionini*V. *Progressive Electronics,*15 A D 2d 842). Oil the present record we cannot say that the requirement of unusual or excessive strain has not been satisfied. The fact, as urged by appellants, that other watchmen by the very nature of their work are apprehensive about possible foul play is not dispositive (see *Matter of Meit*v. P. *S. & M. Catering Corp.,*5 A D 2d 1024). Similarly while claimant had a pre-existing condition which lead to conflicting medical opinions as to the cause of death and the effect of the alleged incident on decedent’s demise, in the final analysis we find substantial evidence to support the board’s determination *(Matter of Palermo*v. *Gallucci & Sons,*5 N Y 2d 529). Decision and award affirmed, with costs to the Workmen’s Compensation Board. Bergan, P. J., Gibson, Reynolds and Taylor, JJ., concur.
**Judgment of the Court of First Instance (Seventh Chamber) of 3 April 2008 – PKK v Council**

**(Case T-229/02)**

Common foreign and security policy – Restrictive measures directed against certain persons and entities with a view to combating terrorism – Freezing of funds – Action for annulment – Statement of reasons

1.                     *Actions for annulment – Interest in bringing proceedings – Action brought against an implemented or interrupted measure (Art.
233 EC) (see paras 48-51)*

2.                     *Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to freeze funds directed against certain
persons and entities suspected of terrorist activities – Minimum requirements (Art. 253 EC; Council Common Position 2001/931,
Art. 1(4) and (6); Council Regulation No 2580/2001) (see paras 62-64)*

3.                     *Acts of the institutions – Statement of reasons – Obligation – Correction of an error of reasoning during the proceedings
before the Court – Not permissible (Art. 253 EC) (see paras 68-70)*

**Re:**

| | |
| --- | --- |
| | ACTION for, first, annulment of Council Decision 2002/460/EC of 17 June 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/334/EC (OJ 2002 L 160, p. 26) and, second, damages. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Annuls Council Decision 2002/460/EC of 17 June 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/334/EC in so far as it concerns the Kurdistan Workers’ Party (PKK); |

| | | |
| --- | --- | --- |
| 2. | | Orders the Council to bear, in addition to its own costs, all the costs incurred by Osman Ocalan on behalf of the PKK before the Court of First Instance and the Court of Justice; |

| | | |
| --- | --- | --- |
| 3. | | Orders the United Kingdom of Great Britain and Northern Ireland and the Commission of the European Communities to pay their own costs. |
<TABLE> <S> <C>

<ARTICLE>6
<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE FORM 10-K AS OF DECEMBER 31, 1996, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>1
<FISCAL-YEAR-END>             DEC-31-1996
<PERIOD-START>                JAN-01-1996
<PERIOD-END>                  DEC-31-1996
<PERIOD-TYPE>                        YEAR
<INVESTMENTS-AT-COST>             983,721
<INVESTMENTS-AT-VALUE>            748,215
<RECEIVABLES>                           0
<ASSETS-OTHER>                      7,421
<OTHER-ITEMS-ASSETS>              291,452
<TOTAL-ASSETS>                  1,047,088
<PAYABLE-FOR-SECURITIES>                0
<SENIOR-LONG-TERM-DEBT>                 0
<OTHER-ITEMS-LIABILITIES>          74,376
<TOTAL-LIABILITIES>                74,376
<SENIOR-EQUITY>                         0
<PAID-IN-CAPITAL-COMMON>        1,208,218
<SHARES-COMMON-STOCK>             109,904
<SHARES-COMMON-PRIOR>             111,101
<ACCUMULATED-NII-CURRENT>               0
<OVERDISTRIBUTION-NII>                  0
<ACCUMULATED-NET-GAINS>                 0
<OVERDISTRIBUTION-GAINS>                0
<ACCUM-APPREC-OR-DEPREC>         (235,506)
<NET-ASSETS>                      972,712
<DIVIDEND-INCOME>                       1
<INTEREST-INCOME>                  28,460
<OTHER-INCOME>                          0
<EXPENSES-NET>                    370,708
<NET-INVESTMENT-INCOME>          (342,248)
<REALIZED-GAINS-CURRENT>           25,189
<APPREC-INCREASE-CURRENT>         (88,394)
<NET-CHANGE-FROM-OPS>            (405,453)
<EQUALIZATION>                          0
<DISTRIBUTIONS-OF-INCOME>               0
<DISTRIBUTIONS-OF-GAINS>                0
<DISTRIBUTIONS-OTHER>                   0
<NUMBER-OF-SHARES-SOLD>                 0
<NUMBER-OF-SHARES-REDEEMED>         1,197
<SHARES-REINVESTED>                     0
<NET-CHANGE-IN-ASSETS>           (417,871)
<ACCUMULATED-NII-PRIOR>                 0
<ACCUMULATED-GAINS-PRIOR>               0
<OVERDISTRIB-NII-PRIOR>                 0
<OVERDIST-NET-GAINS-PRIOR>              0
<GROSS-ADVISORY-FEES>              25,365
<INTEREST-EXPENSE>                      0
<GROSS-EXPENSE>                   430,585
<AVERAGE-NET-ASSETS>            1,181,648
<PER-SHARE-NAV-BEGIN>                  14
<PER-SHARE-NII>                        (3)
<PER-SHARE-GAIN-APPREC>                 0 <F1>
<PER-SHARE-DIVIDEND>                    0
<PER-SHARE-DISTRIBUTIONS>               0
<RETURNS-OF-CAPITAL>                    0
<PER-SHARE-NAV-END>                    11
<EXPENSE-RATIO>                        31
<AVG-DEBT-OUTSTANDING>                  0
<AVG-DEBT-PER-SHARE>                    0
<FN>
<F1>
A zero value is used since the change in net unrealized fair value is not
allocated to General Partners and Limited Partners as it is not taxable.
Only taxable gains or losses are allocated in accordance with the
Partnership Agreement.
</FN>

</TABLE>
EXHIBIT 32.2

Certification of Chief Financial Officer Pursuant to

18 U.S.C. Section 1350, as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q of Duquesne Light Holdings, Inc. (the Company) for the period ending March 31, 2007, as filed with the Securities and Exchange Commission on
the date hereof (the Report), Mark E. Kaplan, as Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his
knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

WITNESS the due execution hereof this 10thday of May, 2007.



/s/ Mark E. KaplanMark E. KaplanSenior Vice President and Chief Financial Officer


A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Duquesne Light Holdings, Inc. and will be
retained by Duquesne Light Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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 Twenty Services, Inc. (the Company) on Form 10-Q for the period ending September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, David J. Noble, Chairman/Director and Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and,
|--- | ----------------------------------------------------------------------------------------------------------------------



|(3) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ David J. NobleDavid J. NobleChairman/DirectorAnd Principal Executive OfficerNovember 11, 2005Date
Exhibit 10.59(e)


Exhibit 10.57(e)
   

	 	 	 	 	 
	THIRD
      AMENDMENT TO EMPLOYMENT AGREEMENT
	 	 	 	 	 
	This Third
      Amendment to Employment Agreement is made and entered into as of January
      16, 2002, by and between PriceSmart, Inc., a Delaware Corporation (“Employer”)
      and Brud Drachman (“Executive”). 
	 	 	 	 	 
	Recitals
	 	 	 	 	 
	A)	 	On January
      11, 2000 an Employment Agreement was made and entered into by and between
      Employer and Executive. 
	 	 	 	 	 
	B)	 	On January
      24, 2001, a First Amendment to Employment Agreement was made and entered
      into by and between Employer and Executive; 
	 	 	 	 	 
	C)	 	On June
      1, 2001, a Second Amendment to Employment Agreement was made and entered
      into by and between Employer and Executive; 
	 	 	 	 	 
	D)	 	Pursuant
      to a Memorandum dated October 16, 2001, Executive’s Annual Base Salary
      was increased to $157,000, effective as of September 1, 2001. 
	 	 	 	 	 
	C) 
    	 	Employer
      and Executive now desire to amend the Employment Agreement, as set forth
      hereinbelow:
	 	 	 	 	 
	Agreement
	 	 	 	 	 
	1.	 	Section
      3.1 of the Agreement which provides: 
	 	 	 	 	 
	 	 	 	3.1 Term.
      The term of Executive’s employment hereunder shall commence on March
      31, 2000 and shall continue until March 31, 2002, unless sooner terminated
      or extended as hereinafter provided. 
	 	 	 	 	 
	 	 	is hereby
      amended, effective January 16, 2002, to provide as follows:
	 	 	 	 	 
	 	 	 	3.1 Term.
      The term of Executive’s employment hereunder shall commence on March
      31, 2000 and shall continue until March 31, 2003, unless sooner terminated
      or extended as hereinafter provided. 
	 	 	 	 	 
	2.	 	All other
      terms of the Employment Agreement shall remain unaltered and fully effective.
	 	 	 	 	 
	 	 	 Executed
      in San Diego, California, as of the date first written above.
	 	 	 	 	 


	EXECUTIVE	EMPLOYER
	 	 
	 	PRICESMART,
      INC.
	 	 
	Brud
        Drachman 
 
        /s/ B. E. Drachman
	By: /s/
      Robert M. Gans

      

      Name: Robert M. Gans

      

      Its: Executive Vice President
§ 21.335 Who can authorize deviations from the DoDGARs? ( a ) The Head of the DoD Component or his or her designee may authorize individual deviations from the DoDGARs, which are deviations that affect only one award, if the deviations are not prohibited by statute, executive order or regulation.
( b ) The ASD(R&E) or his or her designee must approve in advance any deviation for a class of awards. Note that, as described at 2 CFR 1126.3, OMB concurrence also is required for some class deviations from requirements included in awards to institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes.
[68 FR 47153, Aug. 7, 2003, as amended at 85 FR 51240, Aug. 19, 2020]
### §909. Terms of resolution

For the purpose of sections 908 through 912 of this title, "resolution" means only a joint resolution of the Congress, the matter after the resolving clause of which is as follows: "That the Congress approves the reorganization plan numbered      transmitted to the Congress by the President on   , 19  .", and includes such modifications and revisions as are submitted by the President under section 903(c) of this chapter. The blank spaces therein are to be filled appropriately. The term does not include a resolution which specifies more than one reorganization plan.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 397; Pub. L. 95–17, §2, Apr. 6, 1977, 91 Stat. 33; Pub. L. 98–614, §3(c), Nov. 8, 1984, 98 Stat. 3192.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 133z–11. | June 20, 1949, ch. 226, §202, 63 Stat. 207. |

Statutes at Large

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### References in Text

Section 903(c) of this chapter, referred to in text, means section 903(c) of this title.

#### Amendments

1984—Pub. L. 98–614 substituted "a joint resolution of the Congress" for "a resolution of either House of Congress", and "the Congress approves" for "the     does not favor".

1977—Pub. L. 95–17 substituted "sections 908 through 912 of this title" for "sections 908–913 of this title" and provision that the blank spaces are to be appropriately filled for provision that the first blank space is to be filled with the name of the resolving House and the other blank spaces are to be appropriately filled and inserted provision that "resolution" includes such modifications and revisions as are submitted by the President under section 903(c) of this chapter.
### **CHAPTER 10—WAREHOUSES**

Sec.
241.
Definitions.
242.
Powers of Secretary.
243.
Imposition and collection of fees.
244.
Quality and value standards.
245.
Bonding and other financial assurance requirements.
246.
Maintenance of records.
247.
Fair treatment in storage of agricultural products.
248.
Commingling of agricultural products.
249.
Transfer of stored agricultural products.
250.
Warehouse receipts.
251.
Conditions for delivery of agricultural products.
252.
Suspension or revocation of licenses.
253.
Public information.
254.
Penalties for noncompliance.
255.
Jurisdiction and arbitration.
256.
Authorization of appropriations.

#### **Editorial Notes**

#### Codification

The United States Warehouse Act, comprising this chapter, was originally enacted by act Aug. 11, 1916, ch. 313, pt. C, 39 Stat. 486, and amended by July 24, 1919, ch. 26, 41 Stat. 266; Feb. 23, 1923, ch. 106, 42 Stat. 1282; Mar. 2, 1931, ch. 366, 46 Stat. 1463; Pub. L. 97–35, title I, §158(a)(1), (2), Aug. 13, 1981, 95 Stat. 375, 376; Pub. L. 99–260, §14, Mar. 20, 1986, 100 Stat. 54; Pub. L. 101–624, title V, §508(a), (b), Nov. 28, 1990, 104 Stat. 3441, 3443; Pub. L. 102–237, title X, §1009, Dec. 13, 1991, 105 Stat. 1898; Pub. L. 102–553, §1, Oct. 28, 1992, 106 Stat. 4140. Such Act is shown herein, however, as having been added by Pub. L. 106–472, title II, §201, Nov. 9, 2000, 114 Stat. 2061, without reference to such intervening amendments because of the extensive revision of the title's provisions by Pub. L. 106–472.
Faulk. Scott (OST) 

From: 

Sent: 

To: 

Subject: 

Good Morning Mr. Faulk, 

fandc99@aol.com 

Tuesday, January 28, 2014 1:05 PM 

Faulk, Scott (OST); fandc99@aol.com 

Aloha, a moment of your time. 

.l 

j •• 

·-~, -~-+ 

:~.~ ~·'· ; - < _j 

My reason for writing is to testify on behalf of Mokulele Airlines becoming the Essential Air Service provider for the 

Kalaupapa peninsula. I have resided Moloka'i Topside for nearly 10 years. Mokulele Airlines is one of the most 

community minded citizens in the Hawaii Business arena. The staff on Moloka'i is ohana to all of us. Courteous, 

economical, and most of all problem solvers. In my experience the company does Everything it possible can to help both 

the casual, business, citizen traveler. 

Despite competition from airlines w/larger aircraft, Mokulele just keeps doing what they do, day after day, flight after 

flight. They deserve the contract for the Essential Air Service as reward, if you will, for dedicated, friendly service. 

Best, 

Frank Parrino 

35 Ka'ana 

Maunaloa, Moloka'i 

Hl96770 

808 658-04 7 4 

1
§ 241.6 Length of details. ( a ) A detail shall be for a period of not less than 3 months and not more than 1 year, and may be extended in 3-month increments for a total of not more than 1 additional year by DoD Components and private sector organizations authorized approving officials.
( b ) This extension may be granted in 3-month increments not to exceed 1 year. No assignment may commence after September 30, 2018.
[77 FR 36917, June 20, 2012, as amended at 79 FR 27488, May 14, 2014]
#### § 243.11 Appeals of USTRANSCOM Contracting Officer Decisions regarding rates.

If resolution of ratemaking issues cannot be made by the USTRANSCOM contracting officer, concerned parties shall contact the USTRANSCOM Ombudsman appointed to hear and facilitate the resolution of such concerns. In the event a ratemaking issue is not resolved through the ombudsman process, the carrier may request a final agency decision from the Director of Acquisition, USTRANSCOM.
### §483. Report

#### (a) Report required

Not later than 12 months after November 25, 2002, the President shall submit to the congressional committees specified in subsection (b) a report on the implementation of section 482 of this title. The report shall include any recommendations for additional measures or appropriation requests, beyond the requirements of section 482 of this title, to increase the effectiveness of sharing of information between and among Federal, State, and local entities.

#### (b) Specified congressional committees

The congressional committees referred to in subsection (a) are the following committees:

(1) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.

(2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.

(Pub. L. 107–296, title VIII, §893, Nov. 25, 2002, 116 Stat. 2255.)

#### **Executive Documents**

#### Delegation of Functions

For assignment of function of President under this section, subject to certain limitations, to Secretary of Homeland Security, see Ex. Ord. No. 13311, §1(b), July 29, 2003, 68 F.R. 45149, set out as a note under section 482 of this title.
§ 230.5 Responsibilities. ( a ) The Under Secretary of Defense (Comptroller) (USD(C)) shall develop policies governing establishment, operation, and termination of financial institutions on DoD installations and take final action on requests for exceptions to this part.
( b ) The Under Secretary of Defense (Acquisition, Technology and Logistics) (USD(AT&L)) shall monitor policies and procedures governing logistical support furnished to financial institutions on DoD installations, including the use of DoD real property and equipment.
( c ) The Under Secretary of Defense (Personnel and Readiness) (USD(P&R)) shall advise the USD(C) on all aspects of on-base financial institution services that affect the morale and welfare of DoD personnel.
( d ) DoD Component responsibilities pertaining to this part are set forth in 32 CFR part 231.
### [§3315a. Repealed. Pub. L. 93–416, §22(c), Sept. 7, 1974, 88 Stat. 1150]

Section, added Pub. L. 90–83 §1(9)(A), Sept. 11, 1967, 81 Stat. 197, related to registration by Civil Service Commission of employees receiving compensation for injuries for certification for appointment to vacant positions.
#### § 77.806 Connection of single-phase loads.

Single-phase loads, such as transformer primaries, shall be connected phase to phase in resistance grounded systems.
### §4105. Non-Government facilities; use of

The head of an agency, without regard to section 6101(b) to (d) of title 41, may make agreements or other arrangements for the training of employees of the agency by, in, or through non-Government facilities under this chapter.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 434; Pub. L. 103–226, §2(a)(3), Mar. 30, 1994, 108 Stat. 111; Pub. L. 111–350, §5(a)(7), Jan. 4, 2011, 124 Stat. 3841.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 2308. | July 7, 1958, Pub. L. 85–507, §9, 72 Stat. 331. |

Statutes at Large

In subsection (a), the word "appropriate" is omitted as unnecessary.

In subsection (b)(1), the words "by, in, and through non-Government facilities" are omitted as unnecessary in view of the previous reference in the subsection.

In subsection (b)(2), the word "appropriate" is omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

2011—Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 5 of title 41".

1994—Pub. L. 103–226 struck out subsec. (a) designation and subsecs. (b) and (c), which read as follows:

"(b) An agency program for the training of employees by, in, and through non-Government facilities under this chapter shall—

"(1) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and

"(2) give consideration to the needs and requirements of the agency in recruiting and retaining scientific, professional, technical, and administrative employees.

"(c) In order to protect the Government concerning payment and reimbursement of training expenses, each agency shall prescribe such regulations as it considers necessary to implement the regulations prescribed under section 4118(a)(8) of this title."