alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michael WILKERSON *v.*STATE of Arkansas

CR 07-720

261 S.W.3d 450

Supreme Court of Arkansas

Opinion delivered September 6, 2007

*Scott A. Ellington,*for appellant.

No response.

Per Curiam.

Appellant Michael Wilkerson, by and through his attorney, has filed a motion for rule on clerk. His attorney, Scott A. Ellington, admits in the motion his responsibility for failing to timely file the record.

This court clarified its treatment of motions for rule on clerk and motions for belated appeals in *McDonald v. State,*356 Ark. 106, 146 S.W.3d 883 (2004). There we said that there are only two possible reasons for an appeal not being timely perfected: either the party or attorney filing the appeal is at fault, or, there is “good reason.” 356 Ark. at 116, 146 S.W.3d at 891. We explained:

> Where an appeal is not timely perfected, either the party or attorney filing the appeal is at fault, or there is good reason that the appeal was not timely perfected. The party or attorney filing the appeal is therefore faced with two options. First, where the party or attorney filing the appeal is at fault, fault should be admitted by affidavit filed with the motion or in the motion itself. There is no advantage in declining to admit fault where fault exists. Second, where the party or attorney believes that there is good reason the appeal was not perfected, the case for good reason can be made in the motion, and this court will decide whether good reason is present.

*Id.,*146 S.W.3d at 891 (footnote omitted). While this court no longer requires an affidavit admitting fault before we will consider the motion, an attorney should candidly admit fault where he has erred and is responsible for the failure to perfect the appeal. *See id.*

*481In accordance with *McDonald v. State, supra,*Mr. Ellington has candidly admitted fault. The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.

Motion granted.
exv10w19






Exhibit 10.19




FIRST AMENDMENT TO THE

DRESSER-RAND GROUP INC.

2008 STOCK INCENTIVE PLAN




     The Dresser-Rand Group Inc. 2008 Stock Incentive Plan is amended to read as follows, effective
as of the date this First Amendment is adopted:




	 	1.	 	Section 2(b) is amended to read as follows:
	 
	 	 	 	“Annual Grant” means an Award of Common Shares or the right to receive Common Shares
or another form of Award under the Plan that comprises part of the annual fees
payable to a Nonemployee Director for his or her service as a member of the Board,
which such Award shall be in an amount determined by the Board of Directors or a
committee thereof from time to time, and which shall initially equal $90,000.
	 
	 	2.	 	The first sentence of Section 10(a) is amended to read as follows:
	 
	 	 	 	In addition to any other Awards that Nonemployee Directors may be granted on a
discretionary basis under the Plan, immediately following the first regular meeting
of the Board in any full calendar year the Plan is in effect, or at such other time
during such calendar year as determined by the Committee in its discretion, each
Nonemployee Director then in office shall receive an Annual Grant of Common Shares
or the right to receive Common Shares.





     Adopted this 12th day of February, 2010.



     Dresser-Rand Group Inc.



	 	 	 	 	 
	By:

	 	/s/ Mark F. Mai	 	 
	 

	 	 

Mark F. Mai, Vice President, General Counsel & Secretary
# L_2023240EN.01005601.xml

| 28.9.2023 | EN | Official Journal of the European Union | L 240/56 |
| --- | --- | --- | --- |

28.9.2023

EN

Official Journal of the European Union

L 240/56

---

DECISION OF THE EEA JOINT COMMITTEE No 203/2020

of 11 December 2020

amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement [2023/2005]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Delegated Regulation (EU) No 665/2013 (1), which is incorporated into the EEA Agreement, was declared invalid by the General Court of the European Union in its judgment of 8 November 2018, in Case T-544/13 (2) and consequently the reference to Delegated Regulation (EU) No 665/2013 is to be deleted from the EEA Agreement. |
| --- | --- |

(1)

Commission Delegated Regulation (EU) No 665/2013 (1), which is incorporated into the EEA Agreement, was declared invalid by the General Court of the European Union in its judgment of 8 November 2018, in Case T-544/13 (2) and consequently the reference to Delegated Regulation (EU) No 665/2013 is to be deleted from the EEA Agreement.

| (2) | Annexes II and IV to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annexes II and IV to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The text of point 4n (Commission Delegated Regulation (EU) No 665/2013) of Chapter IV of Annex II to the EEA Agreement is deleted.

Article 2

The text of point 11n (Commission Delegated Regulation (EU) No 665/2013) of Annex IV to the EEA Agreement is deleted.

Article 3

This Decision shall enter into force on 12 December 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 11 December 2020.

For the EEA Joint Committee

The President

Sabine MONAUNI

---

(1)  
  OJ L 192, 13.7.2013, p. 1.

1

(2)  
  OJ C 96, 13.3.2019, p. 35.

2

(*1)  No constitutional requirements indicated.

*1

---
# EUR-Lex - 31968D0416 - EN

Avis juridique important

*|*

# 31968D0416

**68/416/EEC: Council Decision of 20 December 1968 on the conclusion and implementation of individual agreements between Governments relating to the obligation of Member States to maintain minimum stocks of crude oil and/or petroleum products **

*
Official Journal L 308 , 23/12/1968 P. 0019 - 0019 Finnish special edition: Chapter 12 Volume 1 P. 0031 Danish special edition: Series I Chapter 1968(II) P. 0580 Swedish special edition: Chapter 12 Volume 1 P. 0031 English special edition: Series I Chapter 1968(II) P. 0591 Greek special edition: Chapter 10 Volume 1 P. 0037 Spanish special edition: Chapter 12 Volume 1 P. 0128 Portuguese special edition Chapter 12 Volume 1 P. 0128 *

COUNCIL DECISION of 20 December 1968 on the conclusion and implementation of individual agreements between Governments relating to the obligation of Member States to maintain minimum stocks of crude oil and/or petroleum products (68/416/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 thereof;

Having regard to the proposal from the Commission;

Whereas the Council has adopted the Directive of 20 December 19681 imposing an obligation on Member States of the European Economic Community to maintain minimum stocks of crude oil and/or petroleum products;

Whereas Article 6 (2) of that Directive makes provision for the establishment, under individual agreements between Governments, of stocks within the territory of a Member State for the account of undertakings established in another Member State;

Whereas it seems appropriate to lay down a procedure to be applied in the event of such agreements not being reached within a reasonable time or not being complied with;

HAS ADOPTED THIS DECISION:

Article 1

Where an agreement between Governments as provided for in Article 6 (2) of the Council Directive of 20 December 1968 has not been reached by the Governments concerned within a period of eight months following notification of that Directive or where such an agreement has not been complied with, the Governments concerned shall inform the Commission.

The Commission may propose to the Governments concerned appropriate measures for overcoming their difficulties.

Article 2

Where an agreement between Governments has not been reached within three months following the proposal by the Commission of appropriate measures for overcoming the difficulties, the Commission shall lay a proposal for a Directive, or for any other appropriate measure, before the Council.

This proposal shall provide in particular for a procedure whereby the registration, supervision, and transport of the stocks held in the other Member State may be ensured and shall take account of the principles set out in Article 6 (2) of the aforementioned Directive.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 December 1968.

For the Council

The President

V. LATTANZIO 1 OJ No L 308, 23.12.1968, p. 14.
§ 451.7 Metering requirements. The net electric energy generated and sold (kilowatt-hours) by the owner or operator of a qualified renewable energy facility must be measured by a standard metering device that— ( a ) Meets generally accepted industry standards;
( b ) Is maintained in proper working order according to the instructions of its manufacturer; and
( c ) Is calibrated according to generally accepted industry standards.
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

BONITA J. OWENSBY, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 1:06cv796-WKW

)

J.F. INGRAM STATE )

TECHNICAL COLLEGE, )

)

Defendant. )

ORDER

 For good cause, it is

ORDERED that the status and scheduling conference presently set for November 28,

2006, at 9:00 a.m. be and is CANCELLED.

Done this 17 day of November, 2006. th

 /s/Charles S. Coody 

CHARLES S. COODY

CHIEF UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00796-WKW-CSC Document 14 Filed 11/17/2006 Page 1 of 1
H. Res. 538

In the House of Representatives, U.S., 

November 9, 2005.

Resolved, That upon adoption of this resolution it shall 

be in order to consider the conference report to accompany 

the bill (H.R. 2862) making appropriations for Science, the 

Departments of State, Justice, and Commerce, and related 

agencies for the fiscal year ending September 30, 2006, and 

for other purposes. All points of order against the conference 

report and against its consideration are waived. The conference report shall be considered as read.

Attest:

Clerk.
# C_2023263EN.01001401.xml

| 26.7.2023 | EN | Official Journal of the European Union | C 263/14 |
| --- | --- | --- | --- |

26.7.2023

EN

Official Journal of the European Union

C 263/14

---

Notification by the European Union made in accordance with the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

(2023/C 263/02)

The European Union hereby notifies the United Kingdom and the Specialised Committee on Law Enforcement and Judicial Cooperation of the following in relation to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the 'Trade and Cooperation Agreement').

I.   NOTIFICATIONS UNDER THE TRADE AND COOPERATION AGREEMENT

1.   Partial withdrawal of a notification under Article 690(4) of the Trade and Cooperation Agreement

The European Union partially withdraws, on behalf of Poland, the notification made by Poland in relation to previous Article LAW.SURR.83(2), now Article 603(2) of the Trade and Cooperation Agreement, that its nationals would not be surrendered by Poland (1).

Poland conditions the surrender of its nationals as follows:

From August 3, 2023, a Polish national may be surrendered to the United Kingdom of Great Britain and Northern Ireland on the basis of an arrest warrant referred to in the Trade and Cooperation Agreement, provided that the act referred to in the arrest warrant was committed outside the territory of the Republic of Poland and outside a Polish ship or aircraft and this act constituted an offence under the law in force in the Republic of Poland or would have constituted an offence under the law in force in the Republic of Poland if it had been committed within the territory of the Republic of Poland, both at the time of its commitment at the time of the filling of the arrest warrant.

Surrender of a Polish national will not be authorised if the arrest warrant has been issued against a person who is suspected of the commission of a crime for political reasons but without the use of force or if the execution of the arrest warrant would violate rights and freedoms of persons and citizens.

---

(1)  ST 6076/1/21 REV 1.

---
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<S>                         <C>
<PERIOD-TYPE>               3-MOS
<FISCAL-YEAR-END>                   MAR-31-1999
<PERIOD-END>                        JUN-30-1998
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<INCOME-TAX>                         (597)
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<NET-INCOME>                       (7,931)
<EPS-PRIMARY>                       (0.79)
<EPS-DILUTED>                       (0.79)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Balance
Sheet, Statement of Operations, Statements of Cash Flows and Notes thereto
incorporated in Part I., Item 1. of this Form 10-Q and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1996
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<RECEIVABLES>                                  128,964
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<CURRENT-ASSETS>                               903,524
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,206,928
<CURRENT-LIABILITIES>                           72,695
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,649
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<TOTAL-LIABILITY-AND-EQUITY>                 1,206,928
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<TOTAL-REVENUES>                               292,014
<CGS>                                                0
<TOTAL-COSTS>                                   84,263
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                258,440
<INCOME-TAX>                                    77,000
<INCOME-CONTINUING>                            181,440
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   181,440
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                       6,383,715
<SECURITIES>                                         0
<RECEIVABLES>                                3,324,765
<ALLOWANCES>                                   710,347
<INVENTORY>                                    715,443
<CURRENT-ASSETS>                            18,941,604
<PP&E>                                       2,752,262
<DEPRECIATION>                                 647,312
<TOTAL-ASSETS>                              27,096,490
<CURRENT-LIABILITIES>                       14,814,924
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        24,427
<OTHER-SE>                                   6,446,717
<TOTAL-LIABILITY-AND-EQUITY>                27,096,490
<SALES>                                     37,134,820
<TOTAL-REVENUES>                            37,134,820
<CGS>                                       30,739,760
<TOTAL-COSTS>                               35,227,368
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             610,537
<INCOME-PRETAX>                              1,371,388
<INCOME-TAX>                                   458,566
<INCOME-CONTINUING>                            912,812
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   912,812
<EPS-PRIMARY>                                     0.04
<EPS-DILUTED>                                     0.04
        

</TABLE>
Subpart 1522.8 - Equal Employment

Opportunity

Parent topic: PART 1522 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

1522.803 Responsibilities.

If the applicability of E.O. 11246 and implementing regulations are questioned, the Contracting

Officer shall route the matter through the CCO to the EPA Office of Civil Rights.

1522.804 Affirmative action programs.

1522.804-2 Construction.

Each contracting office having construction contract responsibility shall maintain a list of

geographical areas subject to affirmative action requirements. The list can be obtained from the

Office of Federal Contract Compliance Programs, U.S. Department of Labor.
#### Angela Lence, as Executrix of John Lence, Deceased, et al., Respondents, v. Howard Sheldon et al., Appellants, et al., Defendants.

Appeals (by permission of this court) from two orders of the Supreme Court, Queens County, both dated February 3, 1970, which denied two motions (each motion by a separate group of defendants) pursuant to CPLR 3013, 3014 and 3024 to compel plaintiffs to separately state and number, etc., all the causes of action alleged in the first three causes of action. Orders modified, by striking from each all the decretal provisions thereof after the one which states that the motion is “denied” and by adding to each, immediately after said word " denied ”, the following: “ except that it is granted with respect to the third cause of action to the extent that plaintiffs are directed to serve a further amended complaint in which the third cause of action shall be made more definite and certain in the following respects: (1) the amount of loans made to plaintiff Emil Lence by defendants which he claims were usurious; (2) when these loans were made; (3) the respect in which said loans were usurious; and (4) the amount of principal and interest repaid on these loans.” As so modified, orders affirmed, without costs. Plaintiffs shall serve such further *967amended complaint within 20 days after entry of the order hereon. As pleaded, the third cause of action consists of merely a conelusory paragraph that defendants demanded and received usurious interest on plaintiff Emil Lence’s indebtedness to them. The rate of such interest is not set forth. Thus, that cause of action should be made more definite and certain as directed herein. Christ, P. J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.
#### In the Matter of the Claims of Thomas Andrzejewski et al., Respondents, v. Board of Co-Operative Educational Services, 1st Supervisory District, Erie County, Appellant.

Order unanimously modified in accordance with the memorandum herein, and as so modified affirmed, without costs. Memorandum: The infant plaintiff, approximately nine years old, was injured while attending class in a school owned by the Hamburg Central School District. A timely notice of claim was filed against the School District but not against the Board of Co-Operative Educational Services which was the employer of the school teacher. The plaintiffs claim that they did not learn until more than 90 days after the accident that the teacher of the class was not an employee of the School District but was an employee of the defendant Board of Co-Operative Educational Services. Under the circumstances of this case, there is a cognizable relation between the infancy and the failure to file a notice within 90 days *(Matter of Borowski*v. *Town of Clarence,*19 A D 2d 580; *Matter of Harden*v. *Village of Akron,*32 A D 2d 610.) The failure to file was attributable at least in part to the disabilities and limitations inherent in his infancy. *(Matter of Klee*v. *Board of Co-Operative Educational Servs.,*25 A D 2d 715; *Matter of Esslie*v. *Central School Dist. No. 1,*20 A D 2d 748; *Matter of Pandoliano*v. *New York City Tr. Auth.,*17 A D 2d 951.) The infant’s motion was properly granted. However, there is no basis in the record for permitting the father to serve a notice of claim and his motion should be denied. (Appeal from order of Erie Special Term permitting late filing of claims.) Present — Del Vecchio, J. P., Marsh, Moule, Bastow and Henry, JJ.
§ 490.202 Acquisitions satisfying the mandate. The following actions within a model year qualify as acquisitions for the purpose of compliance with the requirements of section 490.201 of this part: ( a ) The purchase or lease of an Original Equipment Manufacturer light duty vehicle (regardless of the model year of manufacture) that is an alternative fueled vehicle and that was not previously under the control of the State or State agency;
( b ) The purchase or lease of an after-market converted light duty vehicle (regardless of model year of manufacture), that was not previously under control of the State or State agency;
( c ) The conversion of a newly purchased or leased light duty vehicle to operate on alternative fuels within four months after the vehicle is acquired for a State fleet; and
( d ) The application of alternative fueled vehicle credits allocated under subpart F of this part.
[61 FR 10653, Mar. 14, 1996, as amended at 79 FR 15903, Mar. 21, 2014]