alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 865.14 Request for hearing. ( a ) If the Office determines that a violation of this part has probably occurred and was not resolved at an informal conference, the Director shall request a hearing on the employee's behalf before the Office of Hearings and Appeals within 10 days of the scheduled informal hearing. the parties shall be notified of the determination. If the Director declines to request a hearing the employee shall be notified within 10 days of the scheduled informal conference and informed of his right to request a hearing on his own behalf.
( b ) The employee may request a hearing with the Office of Hearings and Appeals after 60 days have elapsed from the filing of his application.
### Part A—Miscellaneous
#### § 283.3 Definitions.

*Debt.* An amount an individual owes the Government as the result of erroneous payments of pay and allowances (including travel and transportation allowances) to or on behalf of members of the Uniformed Services or civilian DoD employees.

*Erroneous Payment.* A payment that is not in strict conformity with applicable laws or regulations.

*Uniformed Services.* The Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, and the Commissioned Corps of the PHS and the NOAA.

*Waiver Application.* A request that the United States relinquishes its claim against an individual for a debt resulting from erroneous payments of pay or allowances (including travel and transportation allowances) under 10 U.S.C. 2774, 32 U.S.C. 716, or 5 U.S.C. 5584.
Exhibit 21

                         SUBSIDIARIES OF THE REGISTRANT


<PAGE>
                                                                      Exhibit 21




                       SUBSIDIARIES OF HURCO COMPANIES, INC.


                                                    Jurisdiction
Name                                                of Incorporation

Autocon Technologies, Inc.                          Indiana
Hurco B.V.                                          the Netherlands
Hurco Europe Limited                                United Kingdom
Hurco GmbH                                          Federal Republic of Germany
Hurco Manufacturing Ltd.                            Taiwan R.O.C.
Hurco S.a.r.l.                                      France
Hurco S.r.l.                                        Italy
Hurco (S.E. Asia) Pte Ltd.                          Singapore
IMS Technologies, Inc.                              Virginia
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED April 23, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-41191 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JORGE ALBERTO AMAYA-ZAPATA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-02-CR-150-1

-------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM: * Jorge Alberto Amaya-Zapata appeals the sentence imposed following his guilty plea conviction of being found in the UnitedStates after deportation in violation of 8 U.S.C. § 1326. AmayaZapata argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. Amaya-Zapata acknowledges that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), but asserts that the decision has been cast into doubt by ApprendiNo. 02-41191 -2- v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED. AFFIRMED; MOTION GRANTED.
IN THE SUPREME COURT OF PENNSYLVANIA 

EASTERN DISTRICT 

ELMER DAVENPORT, 

 Appellant 

 v. 

PA. BOARD OF PROBATION AND 

PAROLE, 

 Appellee 

:

:

:

:

:

:

:

:

:

:

:

:

No. 25 EAP 2015 

Appeal from The order of 

Commonwealth Court dated May 14, 

2015 at No. 145 M.D. 2015. 

ORDER 

PER CURIAM 

AND NOW, this 18th day of November 2015, the Order of the Commonwealth

Court is hereby AFFIRMED.
#### Pamela C. Ilott v. George Deibert.

Motion for leave to appeal to the Court of Appeals denied, with $10 costs. Concur - — Rabin, J. P., McNally, Stevens and Eager, JJ.
#### William B. Shaw *vs.*Northern Pacific Railroad Company.

January 31, 1889.

Carrier — Liability for Passenger’s Baggage. — A common carrier is liable as such for the personal baggage of a passenger delivered to and received by it solely for transportation, and not for storage, although for the convenience of the carrier the passenger consents to some delay in the transportation.

Appeal by defendant from an order of the district court for Ramsey county, *Simons,*J., presiding, refusing a new trial.

*John C. Bullitt*and *Tilden R. Selmes,*for appellant.

*Rogers é Hadley,*for respondent.

Dickinson, J.

There was evidence justifying the jury in finding that, when the plaintiff was about to take passage upon a train of *145the defendant at Miles City, he delivered to it, for immediate transportation, his proper personal baggage, for the loss of which the action is brought; but that he then indicated for the convenience of the defendant, and not for his own purposes, that he did not care whether or not it was forwarded by the next train, which was soon to pass that station, as it would be five or six days before he would reach his destination. In other words, there was evidence, proper for the consideration of the jury, that the baggage was delivered to the carrier, and by it received, mérely for transportation in the usual course of business, and not for-storage. The liability of a common carrier, therefore, attached at the time of the delivery. *Lawrence*v. *Winona & St. Peter R. Co.,*15 Minn. 313, (390;) *Moses*v. *Boston & Maine R. Co.,*24 N. H. 71, (55 Am. Dec. 222;) *Barron*v. *Eldredge,*100 Mass. 455; *Clarke*v. *Needles,*25 Pa. St. 338. The baggage was not sent by the next train, but' was put in the defendant’s baggage-room, where it was destroyed by the burning of the building on the following day.

Order affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                           2,802
<SECURITIES>                                         0
<RECEIVABLES>                                   43,995
<ALLOWANCES>                                       526
<INVENTORY>                                     24,026
<CURRENT-ASSETS>                                76,740
<PP&E>                                         177,726
<DEPRECIATION>                                  59,945
<TOTAL-ASSETS>                                 197,901
<CURRENT-LIABILITIES>                           26,673
<BONDS>                                         49,900
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         8,806
<OTHER-SE>                                     100,446
<TOTAL-LIABILITY-AND-EQUITY>                   197,901
<SALES>                                        172,292
<TOTAL-REVENUES>                               172,292
<CGS>                                          135,113
<TOTAL-COSTS>                                  158,299
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 247
<INCOME-PRETAX>                                 13,746
<INCOME-TAX>                                     5,057
<INCOME-CONTINUING>                              8,689
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,689
<EPS-PRIMARY>                                      .98
<EPS-DILUTED>                                      .98
        

</TABLE>
### §1857. Repealed. Pub. L. 104–127, title II, §274, Apr. 4, 1996, 110 Stat. 976

Section, acts May 28, 1956, ch. 327, title II, §207, 70 Stat. 200; Oct. 11, 1962, Pub. L. 87–793, §607(a)(6), 76 Stat. 849, related to appointment and duties of surplus disposal administrator.
<TABLE> <S> <C>

<ARTICLE>                      5


<S>                            <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>              JUN-30-1999
<PERIOD-END>                   JUN-30-1999
<CASH>                         51,698
<SECURITIES>                   345,000
<RECEIVABLES>                  373,550
<ALLOWANCES>                   0
<INVENTORY>                    170,126
<CURRENT-ASSETS>               1,289,103
<PP&E>                         256,834
<DEPRECIATION>                 0
<TOTAL-ASSETS>                 9,715,184
<CURRENT-LIABILITIES>          6,310,972
<BONDS>                        0
<PREFERRED-MANDATORY>          0
<PREFERRED>                    0
<COMMON>                       3,190
<OTHER-SE>                     (6,947,755)
<TOTAL-LIABILITY-AND-EQUITY>   9,715,184
<SALES>                        5,522,626
<TOTAL-REVENUES>               5,522,626
<CGS>                          5,795,187
<TOTAL-COSTS>                  6,807,487
<OTHER-EXPENSES>               803,000
<LOSS-PROVISION>               8,319,241
<INTEREST-EXPENSE>             400,309
<INCOME-PRETAX>                (10,807,411)
<INCOME-TAX>                   0
<INCOME-CONTINUING>            (10,807,411)
<DISCONTINUED>                 0
<EXTRAORDINARY>                0
<CHANGES>                      0
<NET-INCOME>                   (10,807,411)
<EPS-BASIC>                    (4.01)
<EPS-DILUTED>                  (4.01)


</TABLE>
### §5374. Miscellaneous positions in the executive branch

The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (78 Stat. 422), or other position in the executive branch for which the annual pay is fixed at a rate of $18,500 or more under special provision of statute enacted before August 14, 1964, which is not placed in a level of the Executive Schedule set forth in subchapter II of this chapter, at a rate equal to the pay rate of a grade and step of the General Schedule set forth in section 5332 of this title. The head of the agency concerned shall report each action taken under this section to the Office of Personnel Management and publish a notice thereof in the Federal Register, except when the President determines that the report and publication would be contrary to the interest of national security.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, §5364; renumbered §5374 and amended Pub. L. 95–454, title VIII, §801(a)(3)(A)(ii), title IX, §906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 2213. | Aug. 14, 1964, Pub. L. 88–426, §309, 78 Stat. 433. |

Statutes at Large

The word "office" is omitted as included in "position". The words "before August 14, 1964" are substituted for "prior to the date of enactment of this Act". The words "pursuant to section 303 of this Act" are omitted as surplusage.

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

#### **Editorial Notes**

#### References in Text

Section 305 of the Government Employees Salary Reform Act of 1964, referred to in text, means section 305 of Pub. L. 88–426, Aug. 14, 1964. For complete classification of this section to the Code, see Tables.

#### Amendments

1978—Pub. L. 95–454, §906(a)(2), substituted "Office of Personnel Management" for "Civil Service Commission".

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

#### Effective Date of 1978 Amendment

Amendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
| Exhibit 32 |
|------------|

 

 

CERTIFICATIONS PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

 

 

In connection with the Quarterly Report of Energy Conversion Devices, Inc. (the “Company”) on Form 10-Q for the quarter ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Robert C. Stempel, Chief Executive Officer of the Company, and Stephan W. Zumsteg, Chief Financial Officer of the Company, respectively, do each hereby certify, pursuant to § 906 of the *Sarbanes-Oxley* Act of 2002 (18 U.S.C. § 1350), that based on his knowledge:

 

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

 

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

 

 

/s/ Robert C. Stempel                                    

Robert C. Stempel

Chief Executive Officer

February 9, 2006

 

 

/s/ Stephan W. Zumsteg                                

Stephan W. Zumsteg

Chief Financial Officer

February 9, 2006
September 16 , 2013

VIA Electronic Mail
Mr. Don Scata Office of Environment and Energy Federal Aviation Administration 800 Independence Ave, SW Washington D.C. 20591 donald.scata@faa.gov
RE: Request for Extension of Comment Period for the Notice, Order 1050.1F Environmental Impact: Policies and Procedures, Docket No. FAA

- 2013

- 0685

- 0001
Dear Mr. Scata : Airports Council International

— North America (ACI

- NA) respectfully requests a fourteen

- day extension of the comment period for the Notice ( Docket No. F AA

- 2013

- 0685

- 0001 ), Order 1050.1F Environmental Impact: Policies and Procedures (the draft Order ), which was published in the Federal Register on August 14 , 2013.
ACI

- NA represents local, regional and state governing bodies that own and operate commercial airports in the United States and Canada

. As you may know, ACI

- NA’s over 300 member airports enplane more than 95 percent of the domestic and virtually all of the international airline passenger and cargo traffic in North America. Nearly 400 aviation

- rel ated businesses are also members of ACI

- NA, providing goods and services to airports. We appreciate the opportunity to provide comments on the draft Order , b ut request additional time for review. ACI

- NA and our members aim to provide thoughtful and helpfu l comments to the FAA regarding this Notice, and i n accordance with this goal, we believe that an extension in the comment period is necessary for the following reasons: (1) Time is needed for ACI

- NA and its members to fully evaluate the draft Order to underst and th e changes from the previous Order 1050.1E, and its impacts on airport operations, projects and other actions

. An initial review of the draft Order has produced a significant number of potential concerns and questions from our members, and more time i s needed to consider these issues and come to consensus. (2) The comment period

— which extends from August 14 , 2013, to September 30 , 2013

— occurs during a time period that is extremely busy for airports

— which have a key role in commenting on the draft Order

.2

2 (3) Finally, the draft Order differs significantly in its organizational structure from Order 1050.1E, which adds a layer of comple xity to our review process.
ACI

- NA appreciates the opportunity to comment on the draft Order and in collaboration with our members, looks forward to providing the Agency with meaningful comments regarding it. To facilitate needed industry participation in the rulemaking process, we respectfully request that Agency grant the 14

- day extension , to October 14, 2013, of the comment period. Thank you for your time and consideration of this request. Sincerely,

Katherine Preston Senior Director, Environmental Affairs Airports Council International

– North America
Exhibit
      32.1





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 of Viskase Companies, Inc. (the "Company")
      on Form 10-Q for the quarter ended March 31, 2006, as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Robert L. Weisman,
      President and Chief Executive Officer of the Company, certify, pursuant to
      18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that to my knowledge:





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





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




Date:
      May
      15, 2006





/s/
                Robert L. WeismanRobert
                L. WeismanPresident
                and Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
_____________________ AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   12-MOS
<FISCAL-YEAR-END>                          FEB-29-1996             FEB-29-1996
<PERIOD-START>                             MAR-01-1996             MAR-01-1995
<PERIOD-END>                               NOV-30-1996             FEB-29-1996
<CASH>                                           8,100                 215,963
<SECURITIES>                                         0                       0
<RECEIVABLES>                                3,003,800               2,819,384
<ALLOWANCES>                                   270,100                 228,000
<INVENTORY>                                  8,893,400              11,776,138
<CURRENT-ASSETS>                            11,919,100              15,437,504
<PP&E>                                       1,263,500               1,156,414
<DEPRECIATION>                                 373,800                 341,052
<TOTAL-ASSETS>                              12,823,300              16,257,968
<CURRENT-LIABILITIES>                        4,874,500               9,526,080
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                     1,084,900               1,079,648
<OTHER-SE>                                   6,863,900               5,652,240
<TOTAL-LIABILITY-AND-EQUITY>                12,823,300              16,257,968
<SALES>                                     16,994,000              19,253,467
<TOTAL-REVENUES>                            16,994,000              19,253,467
<CGS>                                        6,672,700               8,083,221
<TOTAL-COSTS>                               13,561,300              15,116,797
<OTHER-EXPENSES>                               902,900                 860,786
<LOSS-PROVISION>                                45,000                  60,000
<INTEREST-EXPENSE>                             306,200                 297,849
<INCOME-PRETAX>                              2,178,600               2,918,035
<INCOME-TAX>                                   862,700               1,112,700
<INCOME-CONTINUING>                          1,315,900               1,805,335
<DISCONTINUED>                                       0                (326,621)
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 1,315,900               1,478,714
<EPS-PRIMARY>                                      .25                     .28
<EPS-DILUTED>                                      .25                     .28
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 32.A


                            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 on Form 10-Q for the period
ending June 30, 2003, of El Paso Natural Gas Company (the "Company") as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, John W. Somerhalder II, Chairman of the Board and Chief Executive Officer,
certify (i) that the Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (ii) that
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


                                                /s/ John W. Somerhalder II
                                           -------------------------------------
                                           John W. Somerhalder II
                                           Chairman of the Board and
                                           Chief Executive Officer
                                           (Principal Executive Officer)

                                           August 13, 2003



A signed original of this written statement required by Section 906 has been
provided to El Paso Natural Gas Company and will be retained by El Paso Natural
Gas Company and furnished to the Securities and Exchange Commission or its staff
upon request.
Third Department,

June, 1962

(June 5, 1962)

#### (A) In the Matter of the Claim of Manuel Rivera, Appellant, v. Phil Sam Garage et al., Respondents. Workmen’s Compensation Board, Respondent. (B) In the Matter of the Claim of Elmira Jennings, Appellant, v. Co-Ordinated Freight Co. et al., Respondents. Workmen’s Compensation Board, Respondent. (C) Etienne F. Messinger et al., Respondents, v. Herbert J. Cooke et al., Appellants. (D) In the Matter of Noram Restaurant, Inc., Doing Business as Italian Kitchen, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent. (E) Alexander Oleksiak, Respondent, v. Bernard Barton, Appellant. (F) In the Matter of the Estate of Max Peltz, Deceased. Ethel Peltz, Appellant; Estate of Max Peltz by Executors, Respondents. (G) Kreinson Nathan, Respondent, v. Rieger’s Men’s Wear et al., Appellants. Workmen’s Compensation Board, Respondent. (H) Camp Packing Company, Inc., et al., Respondents, v. First National Bank of Cortland, Appellant. (I) In the Matter of Mary Lucas, Petitioner, v. Arthur Levitt, as Comptroller of the State of New York, Respondent. (J) Allstate Insurance Co., Respondent, v. Carolyn Jahrling, Appellant.

Present—Coon, J. P., Gibson, Herlihy, Reynolds and Taylor, JJ. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.— [In each action] Motions to dismiss appeals granted by default, without costs.