alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mario Pagano, Appellant, v Colonial Sand & Gravel Co., Inc., Defendant, and Grow Tunneling Corp. et al., Respondents.

In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered October 26, 1978, which dismissed the complaint as against the respondents. Judgment affirmed, without costs or disbursements. On the facts as stipulated by the parties, plaintiff was an employee of a joint venture at the time he was injured in a fall from a scaffold. Section 240 of the Labor Law imposes a duty upon all contractors, owners and their agents to properly protect employees who use scaffolds. However, the liability for violations of such duty is subsumed into the employer’s general liability under the Workers’ Compensation Law, which is made "exclusive and in place of any other liability whatsoever” by section 11 thereof. Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.
Exhibit 32.1





Statement of Chief Executive Officer Pursuant to 18 U.S.C.§ 1350








In connection with the Quarterly Report of Highlands Bankshares, Inc. (the “Company”) on Form 10-Q for the period ending June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, as the chief executive officer of the Company, certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 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





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








/s/ C.E. PorterC.E. PorterChief Executive OfficerAugust 15, 2011
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 7136** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. NORVEL LEE WOODSON , Defendant

- Appellant
.

Appeal from the United States District Court for the Southern District of West Virginia , at Beckley
. Irene C. Berger , District Judge. ( 5:09

- cr - 00191

- 1; 5:12

- cv - 02529; 5:14

- cv - 16725 )

Submitted : December 1 8 , 2014 Decided: December 22, 2014

Before SHEDD, WYNN, and THACKER , Circuit Judges.

Dismissed by un published per curiam opinion
. Norvel Lee Woodson, Appellant Pro Se. Gary L. Call, John J. Frail, Assistant United States Attorneys, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CU RIAM: Norvel Lee Woodson seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a cert ificate of appealability. 28 U.S.C.
§ 2253(c)(1) (B) (2012) . A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012)
. When the district court denies relief on th e merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrel l , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constituti onal right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Woodson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument b ecause the facts and legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
§ 3201.45 Food cleaners. ( a ) *Definition.* Anti-microbial products designed to clean the outer layer of various food products, such as fruit, vegetables, and meats.
( b ) *Minimum biobased content.* The preferred procurement product must have a minimum biobased content of at least 53 percent, which shall be based on the amount of qualifying biobased carbon in the product as a percent of the weight (mass) of the total organic carbon in the finished product.
( c ) *Preference compliance date.* No later than October 27, 2010, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased food cleaners. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall ensure that the relevant specifications require the use of biobased food cleaners.
[74 FR 55093, Oct. 27, 2009]
#### § 51.1178 Maximum anhydrous citric acid permissible for corresponding total soluble solids.

For determining the grade of juice, the maximum permissible anhydrous citric acid content in relation to corresponding total soluble solids in the fruit is set forth in the following Table II together with the minimum ratio of total soluble solids to anhydrous citric acid:

Table II

| Total soluble solids (average pct) | Maximum anhydrous citric acid (average pct) | Minimum ratio of total soluble solids to anhydrous citric acid |
| --- | --- | --- |
| 9.0 | 0.947 | 9.50-1 |
| 9.1 | .963 | 9.45-1 |
| 9.2 | .979 | 9.40-1 |
| 9.3 | .995 | 9.35-1 |
| 9.4 | 1.011 | 9.30-1 |
| 9.5 | 1.027 | 9.25-1 |
| 9.6 | 1.043 | 9.20-1 |
| 9.7 | 1.060 | 9.15-1 |
| 9.8 | 1.077 | 9.10-1 |
| 9.9 | 1.094 | 9.05-1 |
| 10.0 | 1.111 | 9.00-1 |
| 10.1 | 1.128 | 8.95-1 |
| 10.2 | 1.146 | 8.90-1 |
| 10.3 | 1.164 | 8.85-1 |
| 10.4 | 1.182 | 8.80-1 |
| 10.5 | 1.200 | 8.75-1 |
| 10.6 | 1.218 | 8.70-1 |
| 10.7 | 1.237 | 8.65-1 |
| 10.8 | 1.256 | 8.60-1 |
| 10.9 | 1.275 | 8.55-1 |
| 11.0 | 1.294 | 8.50-1 |
| 11.1 | 1.306 | 8.50-1 |
| 11.2 | 1.318 | 8.50-1 |
| 11.3 | 1.329 | 8.50-1 |
| 11.4 | 1.341 | 8.50-1 |
| 11.5 | 1.353 | 8.50-1 |
| 11.6 | 1.365 | 8.50-1 |
| 11.7 | 1.376 | 8.50-1 |
| 11.8 | 1.388 | 8.50-1 |
| 11.9 | 1.400 | 8.50-1 |
| 12.0 | 1.412 | 8.50-1 |
| 12.1 | 1.424 | 8.50-1 |
| 12.2 | 1.435 | 8.50-1 |
| 12.3 | 1.447 | 8.50-1 |
| 12.4 | 1.459 | 8.50-1 |
| 12.5 | 1.471 | 8.50-1 |
| 12.6 | 1.482 | 8.50-1 |
| 12.7 | 1.494 | 8.50-1 |
| 12.8 | 1.506 | 8.50-1 |
| 12.9 | 1.517 | 8.50-1 |
| 13.0 | 1.530 | 8.50-1 |
| 13.1 | 1.541 | 8.50-1 |
| 13.2 | 1.553 | 8.50-1 |
| 13.3 | 1.565 | 8.50-1 |
| 13.4 | 1.576 | 8.50-1 |
| 13.5 | 1.588 | 8.50-1 |
| 13.6 | 1.600 | 8.50-1 |
| 13.7 | 1.612 | 8.50-1 |
| 13.8 | 1.624 | 8.50-1 |
| 13.9 | 1.635 | 8.50-1 |
| 14.0 | 1.647 | 8.50-1 |
| 14.1 | 1.659 | 8.50-1 |
| 14.2 | 1.671 | 8.50-1 |
| 14.3 | 1.682 | 8.50-1 |
| 14.4 | 1.694 | 8.50-1 |
| 14.5 | 1.705 | 8.50-1 |
| 14.6 | 1.718 | 8.50-1 |
| 14.7 | 1.729 | 8.50-1 |
| 14.8 | 1.741 | 8.50-1 |
| 14.9 | 1.753 | 8.50-1 |
| 15.0 | 1.765 | 8.50-1 |
| 15.1 | 1.776 | 8.50-1 |
| 15.2 | 1.788 | 8.50-1 |
| 15.3 | 1.800 | 8.50-1 |
| 15.4 | 1.812 | 8.50-1 |
| 15.5 | 1.824 | 8.50-1 |
| 15.6 or more | | 8.50-1 |
EXHIBIT 32.2

                  CERTIFICATION PURSUANT TO 18 U.S.C. SS. 1350


The  undersigned,  Roger S.  Huntington,  Chief Financial  Officer of SurgiCare,
Inc., a Delaware  corporation  (the "Company"),  pursuant to 18 U.S.C.  1350, as
adopted  pursuant  to  Section  906 of the  Sarbanes  Oxley Act of 2002,  hereby
certifies that:

(1)  the  Company's  Quarterly  Report on Form 10-QSB for the quarter ended June
     30, 2004 (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 the Company.


Date: August 13, 2004

                                                By:  /s/ Roger S. Huntington
                                                ------------------------------
                                                     Roger S. Huntington,
                                                     Chief Accounting Officer



                                       28
3.900 Scope of subpart.

This subpart implements various statutory whistleblower programs. This subpart does not

implement 10 U.S.C. 4701, which is applicable only to DoD, NASA, and the Coast Guard.

(a) 41 U.S.C. 4712 is implemented in 3.900 through 3.906. These sections do not apply to—

(1) DoD, NASA, and the Coast Guard; or

(2) Any element of the intelligence community, as defined in section 3(4) of the National Security Act

of 1947 (50 U.S.C. 3003(4)). Sections 3.900 through 3.906 do not apply to any disclosure made by an

employee of a contractor or subcontractor of an element of the intelligence community if such

disclosure—

(i) Relates to an activity of an element of the intelligence community; or

(ii) Was discovered during contract or subcontract services provided to an element of the

intelligence community.

(b) Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113–235) and its successor provisions in subsequent appropriations acts (and as

extended in continuing resolutions), is implemented in 3.909, which is applicable to all agencies.

(c) Section 3.907 of this subpart implements section 1553 of the American Recovery and

Reinvestment Act of 2009 (Pub. L. 111–5), and applies to all contracts funded in whole or in part by

that Act.

Parent topic: Subpart 3.9 - Whistleblower Protections for Contractor Employees
# L_2013272EN.01003301.xml

| 12.10.2013 | EN | Official Journal of the European Union | L 272/33 |
| --- | --- | --- | --- |

12.10.2013

EN

Official Journal of the European Union

L 272/33

---

COMMISSION IMPLEMENTING REGULATION (EU) No 978/2013

of 11 October 2013

entering a name in the register of traditional specialities guaranteed [Sklandrausis (TSG)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (2). |
| --- | --- |

(1)

Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (2).

| (2) | Pursuant to Article 8(2) of Regulation (EC) No 509/2006, Latvia’s application to register the name ‘Sklandrausis’ was published in the Official Journal of the European Union (3). |
| --- | --- |

(2)

Pursuant to Article 8(2) of Regulation (EC) No 509/2006, Latvia’s application to register the name ‘Sklandrausis’ was published in the Official Journal of the European Union (3).

| (3) | As no statement of objection under Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, the name ‘Sklandrausis’ should therefore be entered in the register, |
| --- | --- |

(3)

As no statement of objection under Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, the name ‘Sklandrausis’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 October 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ L 93, 31.3.2006, p. 1.

2

(3)  
  OJ C 349, 15.11.2012, p. 23.

3

---

ANNEX

Agricultural products and foodstuffs listed in Annex I, point II, to Regulation (EU) No 1151/2012:

Class 2.3.   Confectionery, bread, pastry, cakes, biscuits and other baker’s wares

LATVIA

Sklandrausis (TSG)

---
#### Rebecca Lancee, Respondent, v Mark Terrace Apartments, Appellant.

Order, Supreme Court, Bronx County, entered June 11, 1979, *796conditionally granted defendant’s motion to dismiss the action for failure to serve a timely complaint, unanimously reversed to the extent appealed from, on the law, with costs and disbursements, and the motion to dismiss the action granted unconditionally. In the absence of an affidavit of merits and any justification for the failure to serve a complaint in the 29 months since service of a demand therefor, permission to serve a complaint should not have been granted. *(Barasch v Micucci,*49 NY2d 594; *Boardman v Glissando Enterprises of N. J.,*41 AD2d 523.) Concur—Sullivan, J. P., Ross, Lupiano, Silverman and Bloom, JJ.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2345 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2345

To amend the Internal Revenue Code of 1986 to exempt passenger vehicles 
 eligible for the alternative motor vehicle credit and the credit for 
  qualified electric vehicles from the limitation on depreciation for 
                          luxury automobiles.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2006

  Mr. Grassley (for himself and Mr. Baucus) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to exempt passenger vehicles 
 eligible for the alternative motor vehicle credit and the credit for 
  qualified electric vehicles from the limitation on depreciation for 
                          luxury automobiles.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``America's Business Choice Act''.

SEC. 2. EXCEPTION FROM DEPRECIATION LIMITATION FOR CERTAIN ALTERNATIVE 
              AND ELECTRIC PASSENGER AUTOMOBILES.

    (a) In General.--Paragraph (1) of section 280F(a) of the Internal 
Revenue Code of 1986 (relating to limitation) is amended by adding at 
the end the following new subparagraph:
                    ``(D) Special rule for certain alternative motor 
                vehicles and qualified electric vehicles.--Subparagraph 
                (A) shall not apply to any motor vehicle for which a 
                credit is allowable under section 30 or 30B.''.
    (b) Conforming Amendment.--Subparagraph (C) of section 280F(a)(1) 
of the Internal Revenue Code of 1986 is amended by striking clause (ii) 
and by redesignating clause (iii) as clause (ii).
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.
                                 <all>
```
32.005 Consideration for contract financing.       (a)                   *Requirement.* When a contract financing clause is included at the inception of a contract, there shall be no separate consideration for the contract financing clause. The value of the contract financing to the contractor is expected to be reflected in either (1)a bid or negotiated price that will be lower than such price would have been in the absence of the contract financing, or (2) contract terms and conditions, other than price, that are more beneficial to the Government than they would have been in the absence of the contract financing. Adequate new consideration is required for changes to, or the addition of, contract financing after award.                                          (b)                   *Amount of new consideration.* The contractor may provide new consideration by monetary or nonmonetary means, provided the value is adequate. The fair and reasonable consideration should approximate the amount by which the price would have been less had the contract financing terms been contained in the initial contract. In the absence of definite information on this point, the contracting officer should apply the following criteria in evaluating whether the proposed new consideration is adequate:                                                         (1) The value to the contractor of the anticipated amount and duration of the contract financing at the imputed financial costs of the equivalent working capital.                                                            (2) The estimated profit rate to be earned through contract performance.                                                                             (c)                   *Interest.* Except as provided in subpart  32.4, Advance Payments for Other Than Commercial Acquisitions, the contract shall not provide for any other type of specific charges, such as interest, for contract financing.    **Parent topic:** Part 32 - Contract Financing
157 So.2d 231

#### Christopher L. MINOR, Jr., Cleveland McNeil, Barbara Williams Johnson and Shirley Williams Camp v. MARYLAND CASUALTY COMPANY and Kelly-Generes Construction Company.

No. 46966.

Nov. 12, 1963.

In re: Maryland Casualty Company and Kelly-Generes Construction Company applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 156 So.2d 235.

Writ refused. On the facts found by the Court of Appeal we find no error of law in its judgment.
§ 4288.13 Payment information. ( a ) *Maximum payment.* For purposes of this program, the maximum payment an applicant may receive will be 50 percent of total eligible project costs up to the applicable fiscal year's maximum award as announced in an annual Federal Register notice. There is no minimum payment to an applicant.
( b ) *Reimbursement payments.* The Agency shall only make payments based on the biorefinery's expenditures on eligible project costs. Payments shall be determined by multiplying the amount of eligible expenditures stated on the payment request by a percentage obtained by dividing the aggregate payment award by total eligible project costs.
( c ) *Timing of payments.* The Applicant may request payments not more frequently than once a month by submitting an original, completed, validly signed Standard Form (SF) 271, “Outlay Report and Request for Reimbursement for Construction Programs” including the supporting documentation identified in § 4288.23, to reimburse the applicant for the Agency's pro rata share of funds expended on eligible project costs. The Agency shall make such payments until 90 percent of the total payment award has been expended. The final 10 percent of the payment award will be paid upon completion of the repowering project and satisfactory evidence has been received by the Agency demonstrating that the biorefinery is operating as described in the Agency approved application.
#### § 46.37 Sundays and holidays excluded.

Sundays and holidays shall not be included in the computation of the 5-day period provided by section 7(d) of the Act nor in connection with the periods defined in § 46.43 with exception of paragraph (a) thereof.
EX-10.4







Exhibit 10.4




			
	 	 	 
	
	 	Superior Well Services, Inc..

1380 RT 286 East Suite #121

Indiana, PA 15701

Telephone 724-465-8904






April 17, 2009




Mr. Tom Stoelk

1380 Rt. 286 East, Suite 121

Indiana, PA 15701




Dear Tom:




     This letter is to memorialize our agreement that you have volunteered to reduce your
annualized base salary by 10%, to $216,000. This agreement will constitute an amendment to your
Employment Agreement which was executed by you on September 15, 2008 (the “Employment Agreement”).
You explicitly acknowledge and agree that the reduction in your base salary has been completely
voluntary and will not be considered a “Change in Terms of Service,” as defined in the Employment
Agreement.



     Thank you for your continued service to Superior Well Services.



	 	 	 
	 

	 	Sincerely,
	 
	 	 
	 

	 	/s/ Dave Wallace
	ACCEPTED AND AGREED:
	 	 
	 
	 	 
	/s/ Thomas Stoelk
	 	 
	April 17, 2009
#### §§ 4279.228-4279.230 [Reserved]
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```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2623 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2623

  To amend title 40, United States Code, to require public notice of 
             excess real property, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2013

  Ms. Norton introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
  To amend title 40, United States Code, to require public notice of 
             excess real property, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PUBLIC NOTICE OF EXCESS REAL PROPERTY.

    (a) In General.--Section 524 of title 40, United States Code, is 
amended by adding at the end the following:
    ``(c) Public Notice of Excess Real Property.--
            ``(1) In general.--As soon as practicable after receiving a 
        report of excess real property under subsection (a)(3), the 
        Administrator shall provide public notice of the property 
        through publication in the Federal Register.
            ``(2) Waivers.--The Administrator may waive the requirement 
        of paragraph (1) if the Administrator determines that the 
        waiver is necessary for reasons of national security.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to excess real property reported by an executive agency to the 
Administrator of General Services after the date of enactment of this 
Act.
                                 <all>
```