alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 553.47 Prohibition of interment, inurnment or memorialization in an Army Cemetery of persons who have committed certain crimes. ( a ) *Prohibition.* Notwithstanding §§ 553.43 through 553.45, and pursuant to 10 U.S.C. 985 and 38 U.S.C. 2411, the interment or inurnment in an Army Cemetery of any of the following persons is prohibited: ( 1 ) Any person identified in writing to the Executive Director by the Attorney General of the United States, prior to his or her interment or inurnment as a person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).
( 2 ) Any person identified in writing to the Executive Director by an appropriate State official, prior to his or her interment or inurnment as a person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of the State).
( 3 ) Any person found under procedures specified in § 553.48 to have committed a Federal or State capital crime, but who has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. Notice from officials is not required for this prohibition to apply.
( 4 ) Any person identified in writing to the Executive Director by the Attorney General of the United States or by an appropriate State official, prior to his or her interment or inurnment as a person who has been convicted of a Federal or State crime causing the person to be a Tier III sex offender for purposes of the Sex Offender Registration and Notification Act, who for such crime is sentenced to a minimum of life imprisonment and whose conviction is final (other than a person whose sentence was commuted by the President or the Governor of a State, as the case may be).
( b ) *Notice.* The Executive Director is designated as the Secretary of the Army's representative authorized to receive from the appropriate Federal or State officials notification of conviction of capital crimes referred to in this section.
( c ) *Confirmation of person's eligibility.* ( 1 ) If notice has not been received, but the Executive Director has reason to believe that the person may have been convicted of a Federal capital crime or a State capital crime, the Executive Director shall seek written confirmation from: ( i ) The Attorney General of the United States, with respect to a suspected Federal capital crime; or
( ii ) An appropriate State official, with respect to a suspected State capital crime.
( 2 ) The Executive Director will defer the decision on whether to inter, inurn, or memorialize a decedent until a written response is received.
( d ) *Due diligence.* Army Post Cemetery Superintendents and Commanders who have cemeteries for which they are responsible will make every effort to determine if the decedent is ineligible in accordance with 10 U.S.C. 985 and 38 U.S.C. 2411. For those determined ineligible due to the provisions of these sections, commanders will submit their determinations in writing to the Executive Director for validation.
#### § 552.81 Agents or companies with suspended solicitation privileges.

Quarterly, HQDA will publish the names of agents and companies whose solicitation privileges have been suspended throughout the Department of the Army. If no change has occurred in the latest quarter, no list will be published.
### **CHAPTER 60—EGG RESEARCH AND CONSUMER INFORMATION**

Sec.
2701.
Congressional findings and declaration of policy.
2702.
Definitions.
2703.
Orders of Secretary to egg producers, etc.
2704.
Notice and hearing upon proposed orders.
2705.
Findings and issuance of orders.
2706.
Permissive terms and conditions in orders.
2707.
Required terms and conditions in orders.
2708.
Referendum among egg producers.
2709.
Termination or suspension of orders.
2710.
Applicability of provisions to amendments to orders.
2711.
Exempted egg producers and breeding hen flocks; conditions and procedures.
2712.
Refund of assessment from Egg Board.
2713.
Administrative review of orders; petition; hearing; judicial review.
2714.
Civil enforcement proceedings.
2715.
Certification of organizations; required contents of report as criteria.
2716.
Regulations.
2717.
Investigations by Secretary; oaths and affirmations; subpenas; judicial enforcement; contempt proceedings; service of process.
2718.
Authorization of appropriations.
### §178j. Laws governing inventions under this subchapter

Relative to the definitions of, title to, and licensing of inventions made or conceived in the course of or under any contract or grant pursuant to this subchapter, and notwithstanding any other provisions of law, the provisions of sections 5908 and 5909 of title 42 shall govern.

(Pub. L. 95–592, §12, Nov. 4, 1978, 92 Stat. 2533.)
#### *Jerome Derico, an Infant, by His Parent and Natural Guardian,*Harriet Derico, et al., Respondents, v City of New York, Appellant, et al., *Defendants.*

Appeal from order, Supreme Court, New York County, entered January 16, 1978, dismissed, as abandoned, without costs and without disbursements. Order, of the same court and Justice, entered November 2, 1977, unanimously modified, on the law and the facts, to deny plaintiffs-respondents’ motion to dismiss the second and third affirmative defenses, and to strike that provision granting plaintiffs-respondents’ application to file a notice of claim belatedly, and otherwise affirmed, without costs and without disbursements. Permission to file belatedly a notice of claim was improperly granted. *(Matter of Beary v City of Rye,*44 NY2d 398, 413.) The two reinstated defenses are based on section 50-e of the General Municipal Law, compliance with which is predicate to action against the city. For whatever reason, defendant-appellant city has elected not to brief its appeal in respect of the first affirmative defense of Statute of Limitations and it is *deemed abandoned. Concur-Lupiano, J. P., Evans, Markewich and Sullivan,*JJ.
# Fourth Court of Appeals **San Antonio, Texas**
MEMORANDUM OPINION
No. 04

- 19

- 00847

- CR
IN RE THE STATE OF T EXAS

Original Mandamus Proceeding 1
PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Beth Watkins, Justice Delivered and Filed: January 8, 2020
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION Relator filed a petition for writ of mandamus asking this court to compel the presiding judge of the San Antonio Municipal Court to (1) vacate his December 4, 2019 instruct ion to the venire panel, and (2) vacate his December 4, 2019 instruction of the law in the jury charge. This court ’ s mandamus jurisdiction is limited to writs against a district court judge or county court judge in our district and all writs necessary to enforce our jurisdiction. T EX
. G OV ’ T C ODE § 22.221(a), (b). We do not have authority to issue writs of mandamus ag ainst a municipal court judge unless it is necessary to enforce our jurisdiction. In re Chang , 176 S.W.3d 451, 452 (Tex. App.

— Houston [1st Dist.] 2004, orig. proceeding) (per curiam) ; see also In re Gomez , 04

-

1 This proceeding arises out of Cause No. B1661841.01, B1661842.01, B1661843.01, styled The State of Texas v. Jack Edward Miller , pending in the Municipal Court, Bexar County, Texas, the Honorable Al Tavera presiding.04

- 19

- 00847

- CR

- 2

- 19

- 00019

- CR, 2019 WL 286085, at *1 (Tex. App.

— San Antonio Jan. 23, 2019, orig. proceeding) (per curiam) (mem. op., not designated for publication) (holding same). Relator does not contend that issuance of the writ is necessary to enforce this court ’ s jurisdiction; therefore, we dismiss the petition fo r lack of jurisdiction.
PER CURIAM Do not publish
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02

- 19

- 00003

- CR

___________________________

On Appeal from the 372nd District Court

Tarrant County, Texas

Trial Court No. 1510854D

Before Bassel, J

. ; Sudderth, C.J.; and Womack, J.

Per Curiam Memorandum Opinion 

### S TEVEN 

### D EAN 

### P HAM



### , Appellant

V



### .

T HE 

### S TATE OF 

### T EXAS2 MEMORANDUM OPINION AND JUDGMENT

Appellant h as filed a voluntary motion to dismiss his appeal. Because we have

not yet decided this case, we grant the motion and dismiss the appeal. See Tex. R.

App. P. 42.2(a), 43.2(f).

Per Curiam

Do Not Publish

Tex. R. App

. P. 47.2(b)

Delivered: June 6, 201 9
### §1035. Sale of mineral interests; consideration; transfer of unsold interests to Secretary of the Interior

In areas where the Secretary determines after consultation with the Department of the Interior and competent local authorities that there is no active mineral development or leasing, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary after taking into consideration such appraisals as he deems necessary or appropriate. Area determinations made by the Secretary pursuant to this section may be revised from time to time and the consideration to be obtained for the mineral interests in connection with any particular tract of land shall be determined by the rule applicable to the area in which the tract is located at the time of the application therefor: Provided, That, in the event any mineral interests covered by sections 1033 to 1039 of this title are not sold as provided herein pursuant to application filed within seven years from September 6, 1950, or within seven years from the date of acquisition of the mineral interests of the United States, whichever date is later, the Secretary shall forthwith transfer title to such mineral interests, with the exception of those which were a part of or derived from the assets transferred pursuant to transfer agreements with State rural rehabilitation corporations, to the Secretary of the Interior to be administered under the mineral laws of the United States.

(Sept. 6, 1950, ch. 897, §3, 64 Stat. 769.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the Bankhead-Jones Farm Tenant Act which constitutes a major part of this chapter.
§ 1656.16 Early release—grounds and procedures. ( a ) *General Rule of Service Completion.* An ASW will not be released from alternative service prior to completion of 24 months of creditable service unless granted an early release.
( b ) *Reasons For Early Release.* The Director may authorize the early release of an ASW whenever the ASO determines that the ASW: ( 1 ) Has failed to meet the performance standards of available alternative service employment because of physical, mental or moral reasons;
( 2 ) No longer meets the physical, mental or moral standards that are required for retention in the Armed Forces based on a physical or mental examination at a MEPS or other location designated by Selective Service;
( 3 ) Is planning to return to school and has been accepted by such school and scheduled to enter within 30 days prior to the scheduled completion of his alternative service obligation;
( 4 ) Has been accepted for employment and that such employment will not be available if he remains in alternative service the full 24 months. Such early release shall not occur more than 30 days before the scheduled completion of his alternative service obligation; or
( 5 ) Has enlisted in or has been inducted into the Armed Forces of the United States.
( c ) *Reclassification and Records.* Upon granting an early release to an ASW, the Director will reclassify the ASW and transfer his records in accordance with § 1656.19 of this part.
<PAGE>

                                                                    Exhibit 99.1

            Certification of Principal Executive 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
Company for the period ending June 30, 2002, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), Victor A. Roque, as
President of Duquesne Light 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 the best of my knowledge:

  (1) The Report fully complies with the requirements of Section 13(a) 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 Duquesne
      Light Company.

      WITNESS the due execution hereof this 14/th/ day of August, 2002.

                                       /s/ Victor A. Roque
                                       --------------------------
                                       Victor A. Roque
                                       President (Principal Executive Officer)

      This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by Duquesne Light Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
§ 723.11 Miscellaneous provisions. ( a ) *Expenses.* No expenses of any nature whatsoever voluntarily incurred by the applicant, counsel, witnesses, or by any other person in the applicant's behalf, will be paid by the Government.
( b ) *Indexing of decisions.* ( 1 ) Documents sent to each applicant and counsel in accordance with § 723.3(e)(5) and § 723.8(a)(4), together with the record of the votes of Board members and all other statements of findings, conclusions and recommendations made on final determination of an application by the Board or the Secretary will be indexed and promptly made available for public inspection and copying at the Armed Forces Discharge Review/Correction Boards Reading Room located on the Concourse of the Pentagon Building in Room 2E123, Washington, DC.
( 2 ) All documents made available for public inspection and copying shall be indexed in a usable and concise form so as to enable the public to identify those cases similar in issue together with the circumstances under and/or reasons for which the Board and/or Secretary have granted or denied relief. The index shall be published quarterly and shall be available for public inspection and distribution by sale at the Reading Room located on the Concourse of the Pentagon Building in Room 2E123, Washington, DC. Inquiries concerning the index or the Reading Room may be addressed to the Chief, Micromation Branch/Armed Forces Discharge Review/Correction Boards Reading Room, Crystal Mall 4, 1941 Jefferson Davis Highway, Arlington, Virginia 22202.
( 3 ) To the extent necessary to prevent a clearly unwarranted invasion of personal privacy, identifying details of the applicant and other persons will be deleted from the documents made available for public inspection and copying. Names, addresses, social security numbers and military service numbers must be deleted. Deletions of other information which is privileged or classified may be made only if a written statement of the basis for such deletion is made available for public inspection.
# C_2009153EN.01003202.xml

| 4.7.2009 | EN | Official Journal of the European Union | C 153/32 |
| --- | --- | --- | --- |

4.7.2009

EN

Official Journal of the European Union

C 153/32

---

Judgment of the Court of First Instance of 6 May 2009 — Outokumpu and Luvata v Commission

(Case T-122/04) (1)

1

(Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Size of the market concerned - Aggravating circumstances - Repeat infringement)

2009/C 153/61

Language of the case: English

Parties

Parties

Applicants: Outokumpu Oyj (Espoo, Finland); and Luvata Oy, formerly Outokumpu Copper Products Oy (Espoo) (represented by: J. Ratliff, Barrister, F. Distefano and J. Luostarinen, Lawyers)

Applicants:

Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, Agent)

Defendant:

Re:

Re:

| (1) | Application for annulment or reduction of the fine imposed on the applicant by Article 2(b) of Commission Decision C(2003) 4820 final of 16 December 2003 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes); and (2) Counterclaim by the Commission that the amount of the fine should be increased. |
| --- | --- |

(1)

Application for annulment or reduction of the fine imposed on the applicant by Article 2(b) of Commission Decision C(2003) 4820 final of 16 December 2003 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes); and (2) Counterclaim by the Commission that the amount of the fine should be increased.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action.

| 2. | Orders Outokumpu Oyj and Luvata Oy to pay the costs. |
| --- | --- |

2.

Orders Outokumpu Oyj and Luvata Oy to pay the costs.

---

(1)  OJ C 118, 30.4.2004.

1

---
### §2009bb–13. Termination of authority

The authority provided by this subchapter terminates effective October 1, 2018.

(Pub. L. 87–128, title III, §383O, formerly §383N, as added Pub. L. 107–171, title VI, §6028, May 13, 2002, 116 Stat. 387; renumbered §383O and amended Pub. L. 110–234, title VI, §6026(c)(1)(A), (k), May 22, 2008, 122 Stat. 1178, 1182, and Pub. L. 110–246, §4(a), title VI, §6026(c)(1)(A), (k), June 18, 2008, 122 Stat. 1664, 1940, 1943; Pub. L. 113–79, title VI, §6027(c), Feb. 7, 2014, 128 Stat. 850.)

#### **Editorial Notes**

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

#### Amendments

2014—Pub. L. 113–79 substituted "2018" for "2012".

2008—Pub. L. 110–246, §6026(k), substituted "2012" for "2007".

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

#### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
AMENDMENT TO OMNIBUS STOCK PLAN



  
 EXHIBIT 10.13 
  
 AMENDMENT TO OMNIBUS STOCK PLAN 
 OF 
 VARIAN SEMICONDUCTOR EQUIPMENT ASSOCIATES, INC. 
  
 The
Omnibus Stock Plan (the “Plan”) of Varian Semiconductor Equipment Associates, Inc. is hereby amended as follows: 
  
 1.    Section 6 (“Stock Appreciation Rights”), Section 7 (“Restricted Stock”) and Section 8 (“Performance Units and Performance Shares”) are deleted from the Plan. 

 
 2.    Section 5.4.1(a) of the Plan is amended to read in its entirety as follows: 
  
 “(a) The expiration of seven (7) years from the Grant Date; or” 
  
 3.    Section 5.4.1(d) of the Plan is amended to read in its entirety as follows: 
  
 “The expiration of seven (7) years from the Grant Date in the case of the Participant’s Retirement (subject to Section 5.8.2 regarding Incentive Stock Options); or” 

 
 4.    Section 9.2.4(a) of the Plan is amended to read in its entirety as follows: 
  
 “(a) The expiration of seven (7) years from the Grant Date; or” 
  
 5.    Section 9.2.4(c) of the Plan is amended to read in its entirety as follows: 
  
 “The expiration of seven (7) years from the Grant Date in the case of the Non-employee Director’s Termination of Service by reason of completion of the Participant’s term as a Director,
disability, Retirement or death; or” 
  
 6.    The amendments contained in Sections 1 through 5 above shall become
effective upon approval by the Board of Directors. 
  
 Approved by the Board of Directors on November 8, 2002
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-30850

HENRY HAYNES,

Plaintiff - Appellant

v.

HILL BROTHERS CONSTRUCTION COMPANY, INCORPORATED;

CLYDE STAMEY; MISSISSIPPI FARM BUREAU CASUALTY INSURANCE

COMPANY; XCAVATOR, INCORPORATED,

Defendants - Appellees

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 3:10-CV-145

Before JONES, Chief Judge, and KING and BARKSDALE, Circuit Judges.

PER CURIAM:

*

AFFIRMED. See 5TH CIR. R. 47.6.

United States Court of Appeals

Fifth Circuit

F I L E D

May 12, 2011

Lyle W. Cayce

Clerk

 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.

Case: 10-30850 Document: 00511476011 Page: 1 Date Filed: 05/12/2011
### §2221. Details of persons from or to office of Secretary

Details may be made from or to the office of the Secretary when necessary and the services of the person whom it is proposed to detail are not required in that office.

(Mar. 4, 1907, ch. 2907, 34 Stat. 1280.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 530 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
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<FISCAL-YEAR-END>                          FEB-28-1997
<PERIOD-END>                               AUG-31-1996
<CASH>                                           24969
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<CURRENT-LIABILITIES>                            13120
<BONDS>                                            280
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         53125
<OTHER-SE>                                      119681
<TOTAL-LIABILITY-AND-EQUITY>                     96267
<SALES>                                          75639
<TOTAL-REVENUES>                                 75639
<CGS>                                            50573
<TOTAL-COSTS>                                    50573
<OTHER-EXPENSES>                                 13379
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<INTEREST-EXPENSE>                                  46
<INCOME-PRETAX>                                  12519
<INCOME-TAX>                                      4702
<INCOME-CONTINUING>                               7817
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      7817
<EPS-PRIMARY>                                      .48
<EPS-DILUTED>                                      .48
        

</TABLE>
### §3591. Definitions

For the purpose of this subchapter, "agency", "Senior Executive Service position", "senior executive", "career appointee", "limited term appointee", "limited emergency appointee", "noncareer appointee", and "general position" have the meanings set forth in section 3132(a) of this title.

(Added Pub. L. 95–454, title IV, §404(b), Oct. 13, 1978, 92 Stat. 1165.)

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

#### Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title.