alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Mary Ward, Respondent, v. Neill Glanton (Neill’s Inn) et al., Appellants. Workmen’s Compensation Board, Respondent.

Gibson, P. J.

Appeal by an employer and his insur*870anee carrier from a decision awarding death benefits. Decedent, a bartender who had worked at that occupation for over 25 years, died on the job as the result of exsanguination from a ruptured vein in a varicose ulcer of the right leg; the causative condition of varicose veins being found by the board to be an occupational disease. Appellants contest the finding of occupational disease solely on the ground that there is no evidence that the condition did not pre-exist decedent’s commencement of the work of a bartender 25 years before his death, in which ease it would not, in their view, have been occupational in origin; and appellants find significant an entry following a report of identification of body, made by decedent’s son, the entry being: “Varicose ulcers for years”. We find, however, that the testimony of claimant’s medical expert fully supports the board’s findings. Upon cross-examination, he said that decedent had probably had the ulcerations “ for months and possibly a couple of years or longer * * * I would venture months to years * * *. I wasn’t there at the time he developed his varicose veins and his ulcers, so I don’t know. However, I would assume, judging from the gross description [on autopsy] * * * for months and perhaps, probably years.” Surely this evidence warrants the conclusion that decedent’s condition was of less than 25 years’ standing. Additionally, this witness related decedent’s condition specifically to his occupation, testifying that claimant “ had developed varicose veins, and this is an occupational peculiarity to bartenders and others in the so-called standing professions or occupations where they do a good deal of standing with a minimal of walking. That’s what I know. Now, if you see that in a bartender, you assume — you associate it with his occupation.”" The doctor described in detail the pathological process which commences withi the back pressure of blood upon veins and tissues which are degenerating as a result of extensive standing and continues until “ the tissues of the wall of the vein may be so weak that they will rupture spontaneously as a result of this increased pressure, and this is how you would get bleeding without trauma. And this is also in part the reason why this occurs as an occupational disease in the so-called standing occupations, with a minimum of movement.” Awards have been frequently sustained upon proof of this nature with respect to employees engaged" in occupations requiring long periods of standing. (See, e.g., *Matter of Wildermuth*v. B. *P. O. Elks Club [Lodge 621],*5 A D 2d 911, mot. for lv. to app. den. 4 N Y 2d 677; *Matter of Elkin*v. *D. & J. Cleaners, Inc.,*25 A D 2d 790; *Matter of Vines*v. *Lazar Motors,*277 App. Div. 1083.) Decision affirmed, with costs to the Workmen’s Compensation Board. Gibson, P. J., Herlihy, Reynolds, Cooke and Greenblott, JJ., concur in memorandum by Gibson, P. J.
###### Editorial Note on Part 4

#### Editorial Note:

Nomenclature changes to part 4 appear at 77 FR 39904, July 6, 2012.

#### § 4.233 Enforcement procedures.

The enforcement and hearing procedures set forth in §§ 4.41 through 4.75 of subpart A with respect to discrimination based on sex, race, color or national origin shall be used for the enforcement of the regulations in subpart B with respect to discrimination based on disability.
Editorial Note on Part 26
Editorial Note: Nomenclature changes to part 26 appear at 87 FR 71455, Nov. 22, 2022.

§ 26.77 Management actions regarding possible impairment. ( a ) This section defines management actions that licensees and other entities who are subject to this subpart must take when an individual who is subject to this subpart shows indications that he or she may not be fit to safely and competently perform his or her duties.
( b ) If an individual appears to be impaired or the individual's fitness is questionable, except as permitted under §§ 26.27(c)(3), 26.207, and 26.209, the licensee or other entity shall take immediate action to prevent the individual from performing the duties that require him or her to be subject to this subpart. ( 1 ) If an observed behavior or physical condition creates a reasonable suspicion of possible substance abuse, the licensee or other entity shall perform drug and alcohol testing. The results must be negative before the individual returns to performing the duties that require the individual to be subject to this subpart. However, if the physical condition is the smell of alcohol with no other behavioral or physical indications of impairment, then only an alcohol test is required and the results must be negative before the individual returns to performing his or her duties.
( 2 ) If a licensee or C/V who is subject to subpart I of this part is certain that the observed behavior or physical condition is the result solely of fatigue, the licensee or C/V shall ensure that a fatigue assessment is conducted under § 26.211. If the results of the fatigue assessment confirm that the observed behavior or physical condition is the result solely of fatigue, the licensee or C/V need not perform drug and alcohol tests or implement the determination of fitness process otherwise required by § 26.189.
( 3 ) For other indications of possible impairment that do not create a reasonable suspicion of substance abuse (or fatigue, in the case of licensees and C/Vs who are subject to subpart I of this part), the licensee or other entity may permit the individual to return to performing his or her duties only after the impairing or questionable conditions are resolved and a determination of fitness indicates that the individual is fit to safely and competently perform his or her duties.
( c ) If a licensee or other entity has a reasonable belief that an NRC employee or NRC contractor may be under the influence of any substance, or is otherwise unfit for duty, the licensee or other entity may not deny access but shall escort the individual. In any such instance, the licensee or other entity shall immediately notify the appropriate Regional Administrator by telephone, followed by written notification (e.g., e-mail or fax) to document the oral notification. If the Regional Administrator cannot be reached, the licensee or other entity shall notify the NRC Operations Center.
§ 431.202 Definitions concerning illuminated exit signs. *Basic model* means all units of a given type of covered product (or class thereof) manufactured by one manufacturer, having the same primary energy source, and which have essentially identical electrical, physical, and functional (or hydraulic) characteristics that affect energy consumption, energy efficiency, water consumption, or water efficiency.
*Face* means an illuminated side of an illuminated exit sign.
*Illuminated exit sign* means a sign that— ( 1 ) Is designed to be permanently fixed in place to identify an exit; and
( 2 ) Consists of an electrically powered integral light source that— ( i ) Illuminates the legend “EXIT” and any directional indicators; and
( ii ) Provides contrast between the legend, any directional indicators, and the background.
*Input power demand* means the amount of power required to continuously illuminate an exit sign model, measured in watts (W). For exit sign models with rechargeable batteries, input power demand shall be measured with batteries at full charge.
[70 FR 60417, Oct. 18, 2005, as amended at 71 FR 71372, Dec. 8, 2006; 76 FR 12504, Mar. 7, 2011]
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

 EASTERN DIVISION

 _______________________________

GREGORY MONTAE FERGERSON, * 

#231 286

Petitioner, *

v. * 3:06-CV-777-MHT

 

WARDEN KENNETH JONES, et al., *

 

Respondents. *

 _______________________________

ORDER ON MOTION

Upon consideration of Petitioner’s Motion for Extension of Time to Respond to

Respondents’ Answer, and in light of the court’s November 21, 2006 order (Doc. No. 14),

it is 

ORDERED that the motion (Doc. No. 15) be and is hereby DENIED as moot.

Done, this 27th day of November 2006.

 /s/Delores R. Boyd 

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 3:06-cv-00777-MHT-TFM Document 16 Filed 11/27/2006 Page 1 of 1
Department of the Air Force Federal

Acquisition Regulation Supplement

Chapter 53

Department of the Air Force Federal Acquisition Regulation

Parent topic: Volume I - Parts 5301 to 5352
(July 17, 1969)

#### The People of the State of New York ex rel. Lonnie Epps, Alex McKiever, Eddie Josephs, Lumumba Abdul Shakur, and John J. Casson, Also Known as Ali Bey Hassan, Appellants, v. Commissioner of Correction, George F. McGrath, Respondent.

Judgment unanimously affirmed. No opinion. The order of this court entered on July 3, 1969, is vacated. Concur — Capozzoli, J. P., Tilzer, McGivern, Markewieh and Steuer, JJ.
UNITED STATES SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 20549

 

 

**FORM 10-Q** **x Quarterly Report Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934**

**For the quarterly period ended September 30, 2008**

 

**Commission File Number 0-26589**

 

 

**THE FIRST BANCORP, INC.**

(Exact name of Registrant as specified in its charter)**MAINE****01-0404322**

(State or other jurisdiction of incorporation or organization)(I.R.S. Employer Identification No.)

 

**MAIN STREET,   DAMARISCOTTA,   MAINE          04543**

(Address of principal executive offices)                                 (Zip code)

 

**(207) 563-3195**

Registrant’s telephone number, including area code

 

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.

**Yes x    No[_]**

 

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. (Check one):

**Large accelerated filer [_]    Accelerated filer x    Non-accelerated filer [_]**

 

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act).

**Yes [_]    No x**

 

Indicate the number of shares outstanding of each of the registrant’s classes of common stock as of November 1, 2008

**Common Stock: 9,694,003  shares**

 

 

----
#### Bonham et al., Appellants, *v.*City of Hamilton, Appellee.

[Cite as *Bonham, v. Hamilton,*116 Ohio St.3d 1222, 2007-Ohio-6748.]

(No. 2007-0459

Submitted November 28, 2007

Decided December 20, 2007.)

John W. Uhl, for appellants.

Millikin *&*Fitton Law Firm, Michael A. Fulton, and Steven A. Tooman, for appellee.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

Moyer, C.J., and Lundberg Stratton, O’Connor, Lanzinger, and Cupp, JJ., concur.

Pfeifer, J., dissents.

O’Donnell, J., not participating.
#### § 603.1320 Real property.

Land, including land improvements, structures and appurtenances thereto, but excluding movable machinery and equipment.
Editorial Note on Part 4
Editorial Note: Nomenclature changes to part 4 appear at 77 FR 39904, July 6, 2012.

§ 4.13 Employment practices. ( a ) Where a primary objective of the Federal financial assistance to a program to which this subpart applies is to provide employment, a recipient may not, directly or through contractual or other arrangements, subject an individual to discrimination on the ground of sex, race, color, or national origin in its employment practices under such program (including recruitment or recruitment advertising, employment, layoff or termination, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and use of facilities), including programs where a primary objective of the Federal financial assistance to a program is ( 1 ) to assist such individuals through employment to meet expenses incident to the commencement or continuation of their education or training, or
( 2 ) to provide work experience which contributes to the education or training of such individuals. (Examples of such Federal financial assistance are nuclear training equipment grants, grants and loans of materials for training, and fellowships.) The requirements applicable to construction employment under any such program shall be those specified in or pursuant to part III of Executive Order 11246 or any Executive order which supersedes it.
( b ) Where a primary objective of the Federal financial assistance is not to provide employment, but discrimination on the grounds of sex, race, color, or national origin in the employment practices of the recipient or other persons subject to this subpart tends, on the grounds of sex, race, color, or national origin, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program to which this subpart applies, the provisions of paragraph (a) of this section shall apply to the employment practices of the recipient or other persons subject to this subpart to the extent necessary to assure equality of opportunity to, and nondiscriminatory treatment of, beneficiaries.
[38 FR 17927, July 5, 1973, as amended at 40 FR 8778, Mar. 3, 1975; 68 FR 51344, Aug. 26, 2003]
# EUR-Lex - 31974D0532 - EN

Avis juridique important

*|*

# 31974D0532

**74/532/EEC: Commission Decision of 16 October 1974 exempting Ireland from applying to certain species the Council Directives of 14 June 1966 on the marketing of fodder plant seed and of cereal seed and the Council Directive of 30 June 1969 on the marketing of seed of oil and fibre plants (Only the English text is authentic) **

*
Official Journal L 299 , 07/11/1974 P. 0014 - 0015 *

COMMISSION DECISION of 16 October 1974 exempting Ireland from applying to certain species the Council Directives of 14 June 1966 on the marketing of fodder plant seed and of cereal seed and the Council Directive of 30 June 1969 on the marketing of seed of oil and fibre plants (Only the English text is authentic) (74/532/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to the Council Directives of 14 June 1966 on the marketing of fodder plant seed (1) and of cereal seed (2), as last amended by the Council Directive of 11 December 1973 (3), and in particular the respective Articles 23a thereof;

Having regard to the Council Directive of 30 June 1969 (4) on the marketing of seed of oil and fibre plants, as last amended by the Council Directive of 11 December 1973 (3), and in particular Article 22 thereof;

Having regard to the request submitted by Ireland;

Whereas a number of species of fodder plants, of cereals and of oil and fibre plants are not normally cultivated in Ireland ; whereas the seeds of these species are likewise not propagated or marketed there;

Whereas while these conditions obtain it is appropriate to exempt Ireland from applying the provisions of these Directives to the species in question;

Whereas the measures provided for in this Decision are in accordance with the Opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

Ireland is hereby exempted: 1. from applying the Council Directive of 14 June 1966 on the marketing of fodder plant seed, with the exception of the provisions of Article 14 (1), to the species listed below:

>PIC FILE= "T9000650"> (1)OJ No 125, 11.7.1966, p. 2298/66. (2)OJ No 125, 11.7.1966, p. 2309/66. (3)OJ No L 356, 27.12.1973, p. 79. (4)OJ No L 169, 10.7.1969, p. 3. 2. from applying the Council Directive of 14 June 1966 on the marketing of cereal seed, with the exception of the provisions of Article 14 (1), to the species listed below:

>PIC FILE= "T9000654"> 3. from applying the Council Directive of 30 June 1969 on the marketing of seeds of oil and fibre plants, with exception of the provisions of Article 13 (1), to the species listed below: >PIC FILE= "T9000655">

Article 2

This Decision is addressed to Ireland.

Done at Brussels, 16 October 1974.

For the Commission

The President

François-Xavier ORTOLI
Exhibit 32

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63
of title 18, United States Code), each of the undersigned officers of FNB United Corp., a North Carolina corporation (the Corporation), does hereby certify that:

The Quarterly Report on Form 10-Q for the quarter ended June 30, 2011 (the Form 10-Q) of the Corporation fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in all materials respects, the financial condition and results of operations of the Corporation.



|                     |  |                        
|-------------------- |  | -----------------------
|Date: August 9, 2011 |  | /s/ R. LARRY CAMPBELL  
|                     |  | R. Larry Campbell      
|                     |  | Chief Executive Officer
|                     | 
|Date: August 9, 2011 |  | /s/ MARK A. SEVERSON   
|                     |  | Mark A. Severson       
|                     |  | Chief Financial Officer

The foregoing certification is being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act
of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-Q or as a separate disclosure document.



73
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of AccuPoll Holding Corp. (the
"Company") on Form 10-Q/A for the fiscal quarter ended March 31, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Dennis Vadura, 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:

(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 result of operations of the Company.

May 20, 2005                                           /s/ Dennis Vadura
                                                       -------------------------
                                                       Dennis Vadura
                                                       Chief Executive Officer

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906,  has been  provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
#### In the Matter of the City of Rochester, Appellant-Respondent, Relative to Acquiring Title to Property for an Urban Renewal Project in the Front Street Area, Known as Genesee Crossroads. Seymour I. Morris, Respondent-Appellant.

Judgment unanimously affirmed, with costs. Memorandum: Since the property taken was not a specialty, depreciated replacement cost was not the best measure of its worth. The economic approach was the proper method of determining valúe. The proof received amply supports the court’s award when this method is employed. We adopt $35,400 as the fair market value of the land, the valuation found by the trial court. We find a fair net annual rental from the building to be $9,784, after deducting 8% for vacancies and $2,912 for expenses. Attributing to the land $2,124, a return of 6%, the balance of net income of $7,660 we have capitalized at 13%, which produces a building value of $58,923. In view of these found land and improvement values ($35,400 plus $58,923), we affirm the award of $94,383.30. (Appeals from judgment of Monroe Trial Term in condemnation proceeding.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.
#### State of Connecticut *v.*George Hardwick

*John M. Massameno,*assistant state’s attorney, in support of the petition.

*Thomas F. Brown,*in opposition.

Decided June 5, 1984

The state’s petition for certification for appeal from the Appellate Court, 1 Conn. App. 609, is denied.
§ 590.204 Amendment or withdrawal of applications. ( a ) The applicant may amend or supplement the application at any time prior to issuance of the Assistant Secretary's final opinion and order resolving the application, and shall amend or supplement the application whenever there are changes in material facts or conditions upon which the proposal is based.
( b ) The Assistant Secretary may for good cause shown by motion of a party or upon the Assistant Secretary's own initiative decline to act on, in whole or in part, an amendment or supplement requested by an applicant under paragraph (a) of this section.
( c ) After written notice to FE and service upon the parties of that notice an applicant may withdraw an application. Such withdrawal shall be effective thirty (30) days after notice to FE if the Assistant Secretary does not issue an order to the contrary within that time period.
<PAGE>
                                                                   EXHIBIT 99.11


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of ImClone Systems Incorporated (the
"Company") on Form 10-Q for the period ended September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Harlan W. Waksal, 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:

      (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/ Harlan W. Waksal
-----------------------------
Harlan W. Waksal
Chief Executive Officer
November 14, 2002
PGI 249.105-2 Release of excess funds.

The DD Form 1598, Contract Termination Status Report, may be used to recommend the release of

excess funds. Include the accounting classification reference numbers, funds citations, and allocated

amounts in any recommendation for release of excess funds.

Parent topic: PGI 249.105 Duties of termination contracting officer after issuance of notice of

termination.
EPA SANITIZED Page 1 of 8
 

EPA SANITIZED Page 2 of 8
 

 

 

 

 

 

 

 

 

 

 

EPA SANITIZED Page 3 of 8
EPA SANITIZED Page 4 of 8
 

EPA SANITIZED Page 5 of 8
EPA SANITIZED Page 6 of 8
 

EPA SANITIZED Page 7 of 8
 

EPA SANITIZED Page 8 of 8