alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** The Honorable J. Thomas Marten, District Judge, United States District

Court for the District of Kansas, sitting by designation.

F I L E D

United States Court of Appeals

Tenth Circuit

NOV 21 1997

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

SANTIAGO TAPIA,

Plaintiff-Appellant,

v.

KRIS HENIGMAN, NM Department

of Corrections Prison Guard,

Defendant-Appellee,

and

JOHN THOMAS, Warden, officially

and individually,

Defendant.

No. 97-2049

(D.C. No. CIV-95-1160)

(D. N.M.)

ORDER AND JUDGMENT*

Before PORFILIO and LUCERO, Circuit Judges, and MARTEN,** District Judge.
-2-

After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of

this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore

ordered submitted without oral argument.

Plaintiff-appellant Santiago Tapia, a former state prison inmate, brought

this § 1983 action alleging that defendant-appellee Kris Henigman, a correction

officer, maliciously beat and kicked him, causing serious and permanent injuries. 

The jury returned a verdict in favor of defendant. Proceeding pro se on appeal,

Tapia seeks a new trial on the grounds that the verdict is attributable to the

ineffective assistance of his counsel.

The Sixth Amendment right to effective assistance of counsel does not

apply to civil cases. See MacCuish v. United States, 844 F.2d 733, 735 (10th Cir.

1988). In civil cases, the “remedy for allegedly incompetent representation is a

malpractice suit against [the] trial attorney. Any such incompetence provides no

basis for granting . . . a new trial.” Id. at 735-36.

Accordingly, the judgment of the United States District Court for the

District of New Mexico is AFFIRMED. The mandate shall issue forthwith.

Entered for the Court

J. Thomas Marten

District Judge
#### § 901.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?

Although the OMB guidance at 2 CFR180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the appendix to 2 CFR part 180), DOE does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction.
#### § 901.950 Federal agency (Department of Energy supplement to government-wide definition at 2 CFR 180.950).

*DOE* means the U.S. Department of Energy, including the NNSA.

*NNSA* means the National Nuclear Security Administration.
Editorial Note on Part 110
Editorial Note: Nomenclature changes to part 110 appear at 81 FR 49896, July 29, 2016.

§ 110.40 Equipment and utensils. ( a ) All plant equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained. The design, construction, and use of equipment and utensils shall preclude the adulteration of food with lubricants, fuel, metal fragments, contaminated water, or any other contaminants. All equipment should be so installed and maintained as to facilitate the cleaning of the equipment and of all adjacent spaces. Food-contact surfaces shall be corrosion-resistant when in contact with food. They shall be made of nontoxic materials and designed to withstand the environment of their intended use and the action of food, and, if applicable, cleaning compounds and sanitizing agents. Food-contact surfaces shall be maintained to protect food from being contaminated by any source, including unlawful indirect food additives.
( b ) Seams on food-contact surfaces shall be smoothly bonded or maintained so as to minimize accumulation of food particles, dirt, and organic matter and thus minimize the opportunity for growth of microorganisms.
( c ) Equipment that is in the manufacturing or food-handling area and that does not come into contact with food shall be so constructed that it can be kept in a clean condition.
( d ) Holding, conveying, and manufacturing systems, including gravimetric, pneumatic, closed, and automated systems, shall be of a design and construction that enables them to be maintained in an appropriate sanitary condition.
( e ) Each freezer and cold storage compartment used to store and hold food capable of supporting growth of microorganisms shall be fitted with an indicating thermometer, temperature-measuring device, or temperature-recording device so installed as to show the temperature accurately within the compartment, and should be fitted with an automatic control for regulating temperature or with an automatic alarm system to indicate a significant temperature change in a manual operation.
( f ) Instruments and controls used for measuring, regulating, or recording temperatures, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable microorganisms in food shall be accurate and adequately maintained, and adequate in number for their designated uses.
( g ) Compressed air or other gases mechanically introduced into food or used to clean food-contact surfaces or equipment shall be treated in such a way that food is not contaminated with unlawful indirect food additives.
exv10w2



 




Exhibit 10.2




FIRST AMENDMENT

TO THE

STOCK OPTION PLAN (2000)

OF

LAS VEGAS GAMING, INC.




     This First Amendment (this “First Amendment”) to the Stock Option Plan (2000) of Las
Vegas Gaming, Inc. (the “Plan”) is adopted the 27th day of July 2006 by the board of directors of
Las Vegas Gaming, Inc., a Nevada corporation (the “Company”).



     Whereas, the effectiveness of this First Amendment is subject to the approval of the
Company’s stockholders, where the stockholders will be able to vote on this First Amendment at the
Company’s 2007 Annual Meeting of Stockholders;



     Whereas, the reference to “Common Stock” in the Plan is a reference to the Company’s
Common Stock Series A, $.001 par value;



1. AMENDMENT




     The total number of shares of the Company’s common stock that may be granted as stock options
pursuant to the Plan shall be amended through the amendment and restatement of Section 6 of the
Plan as follows:




The stock available for grant of Options under this Plan shall be 1,250,000 shares of Common
Stock. The maximum number of shares for which an Option may be granted to any Optionee
during any calendar year shall not exceed 200,000 shares. In the event that any outstanding
Option under the Plan for any reason expires or is terminated, the shares of Common Stock
allocable to the unexercised portion of the Option shall again be available for Options
under the Plan as if no Option had been granted with regard to such shares.



2. CONFLICT BETWEEN THE FIRST AMENDMENT AND THE PLAN




     If there is a conflict between any of the provisions of this First Amendment and any of the
provisions of the Plan, the provisions of this First Amendment shall control.



3. NO OTHER AMENDMENTS OR CHANGES




     Except as expressly amended or modified by this First Amendment, all of the terms and
conditions of the Plan shall remain unchanged and in full force and effect.



4. GOVERNING LAW




     This First Amendment shall be governed by and construed in accordance with Nevada law.
# EUR-Lex - 31994D0437 - EN

Avis juridique important

*|*

# 31994D0437

**94/437/EC: Commission Decision of 14 June 1994 amending Commission Decision 93/53/EEC setting up a Scientific Committee for designations of origin, geographical indications and certificates of specific character **

*
Official Journal L 180 , 14/07/1994 P. 0047 - 0047 Finnish special edition: Chapter 3 Volume 59 P. 0063 Swedish special edition: Chapter 3 Volume 59 P. 0063 *

COMMISSION DECISION of 14 June 1994 amending Commission Decision 93/53/EEC setting up a Scientific Committee for designations of origin, geographical indications and certificates of specific character (94/437/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas Article 5 of Commission Decision 93/53/EEC of 21 December 1992 setting up a Scientific Committee for designations of origin, geographical indications and certificates of specific character (1) stipulates that the Committee's proceedings shall be valid only when all its members are present; whereas this requirement is liable to prevent the Committee from giving opinions; whereas to avoid this inconvenience the Committee's proceedings should be valid when at least five of its members are present,

HAS DECIDED AS FOLLOWS:

Sole Article

In Article 5 of Decision 93/53/EEC the first sentence is hereby replaced by:

'The Committee's proceedings shall be valid only when at least five of its members are present'.

Done at Brussels, 14 June 1994.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 13, 21. 1. 1993, p. 16.
IV 

115TH CONGRESS 

1ST SESSION H. RES. 671 

Expressing strong disapproval of the adoption of United Nations General 

Assembly Resolution A/ES–10/L.22, which rejects United States recognition of Jerusalem as the capital of Israel. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 21, 2017 

Mr. LAMBORN (for himself, Mr. ROSKAM, Mr. DESANTIS, Mr. ZELDIN, Mr. 

DUNCAN of South Carolina, Mr. CRAMER, Mr. NORMAN, Mr. ABRAHAM, 

Mr. GOHMERT, Mr. JENKINS of West Virginia, Mr. WEBER of Texas, Mr. 

FARENTHOLD, Mr. ROKITA, Ms. TENNEY, Mr. PITTENGER, and Mr. 

MEADOWS) submitted the following resolution; which was referred to the 

Committee on Foreign Affairs 

RESOLUTION 

Expressing strong disapproval of the adoption of United Nations General Assembly Resolution A/ES–10/L.22, which 

rejects United States recognition of Jerusalem as the 

capital of Israel. 

Whereas Congress overwhelmingly approved the Jerusalem 

Embassy Act of 1995 (Public Law 104–45), requiring 

the relocation of the United States Embassy in Israel to 

the city of Jerusalem not later than May 31, 1999; 

Whereas, on December 6, 2017, the President issued a Presidential proclamation recognizing Jerusalem as the capital 

of Israel and directing the Department of State to preVerDate Sep 11 2014 02:22 Dec 22, 2017 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR671.IH HR671

lotter on DSKBCFDHB2PROD with BILLS
2 

•HRES 671 IH 

pare to move the United States Embassy from Tel Aviv 

to Jerusalem; 

Whereas, on December 21, 2017, the United Nations General 

Assembly adopted United Nations General Assembly Resolution A/ES–10/L.22, which rejects United States recognition of Jerusalem as the capital of Israel, with 128 

countries voting in favor, 9 countries voting against, and 

35 countries abstaining; and 

Whereas the United States is a sovereign country with the 

right to determine where to establish its embassies and 

the exercise of this right is also in the national interests 

and security of the United States: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) strongly disapproves of the adoption of 

3 United Nations General Assembly Resolution A/ES– 

4 10/L.22 on December 21, 2017, which rejects 

5 United States recognition of Jerusalem as the cap6 ital of Israel; 

7 (2) affirms the December 6, 2017, Presidential 

8 proclamation recognizing Jerusalem as the capital of 

9 Israel and directing the Department of State to pre10 pare to move the United States Embassy from Tel 

11 Aviv to Jerusalem; and 

12 (3) urges the President to direct the Secretary 

13 of State to submit to Congress a report on the sta14 tus of United States assistance provided to countries 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HRES 671 IH 

1 that voted in favor to adopt United Nations General 

2 Assembly Resolution A/ES–10/L.22. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
**GGD-97-121**                      Published: Jul 01, 1997. Publicly Released: Jul 01, 1997.                  

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Skip to Highlights

## Highlights

GAO presented a glossary of working definitions of privatization-related terms. This glossary is intended to facilitate a better understanding of privatization terms as they are used in the federal government.

## Full Report

Full Report (15 pages)

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AssetsCompetitive procurementCost accountingCost effectiveness analysisPrivatizationSalesSubsidiesThesauriUser feesVolunteer services
§ 182.605 Award. Award means an award of financial assistance by a Federal agency directly to a recipient. ( a ) The term award includes: ( 1 ) A Federal grant or cooperative agreement, in the form of money or property in lieu of money.
( 2 ) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Governmentwide rule that implements OMB Circular A-102 (for availability of OMB circulars, see 5 CFR 1310.3) and specifies uniform administrative requirements.
( b ) The term award does not include: ( 1 ) Technical assistance that provides services instead of money.
( 2 ) Loans.
( 3 ) Loan guarantees.
( 4 ) Interest subsidies.
( 5 ) Insurance.
( 6 ) Direct appropriations.
( 7 ) Veterans' benefits to individuals (i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States).
Exhibit 99.1

                   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 Annual Report of Embryo Development Corporation (the
"Company") on Form 10-KSB for the year ended April 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Matthew
L. Harriton, Chief Executive Officer and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adoped 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.



                  By: /s/ Matthew L. Harriton
                      -----------------------
                      Matthew L. Harriton
                    Chief Executive Officer
                    Chief Financial Officer
                         July 21, 2003
# EUR-Lex - 31994D0337 - EN

Avis juridique important

*|*

# 31994D0337

**94/337/EC: Commission Decision of 26 May 1994 amending Decision 88/479/EEC authorizing methods for grading pig carcases in Spain (Only the Spanish text is authentic) **

*
Official Journal L 150 , 16/06/1994 P. 0035 - 0035 *

COMMISSION DECISION of 26 May 1994 amending Decision 88/479/EEC authorizing methods for grading pig carcases in Spain (Only the Spanish text is authentic) (94/337/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (1), as last amended by Regulation (EEC) No 3513/93 (2), and in particular Article 5 (2) thereof,

Whereas, by Decision 88/479/EEC (3), the Commission authorized methods for grading pig carcases in Spain;

Whereas the Spanish Government has asked the Commission to authorize the use of a new formula for calculating the lean meat content of carcases in conjunction with one of the existing grading methods and has supplied the information required pursuant to Article 3 of Commission Regulation (EEC) No 2967/85 (4); whereas an examination of the request has shown that the conditions necessary for authorizing the new formula have been met;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,

HAS ADOPTED THIS DECISION:

Article 1

Part 2 (3) of the Annex to Decision 88/479/EEC is hereby replaced by the following:

'3. The lean meat content of the carcase shall be calculated according to the following formula:

^y = 61,56 + (- 0,878 x1) + (0,157 x2)

where:

^y = the estimated percentage of lean meat in the carcase,

x1 = the thickness of backfat (including rind) in millimetres, measured at six centimetres off the midline of the carcase, between the third and fourth last ribs,

x2 = the thickness of muscle in millimetres, measured at the same time and in the same place as x1.

The formula shall be valid for carcases weighing between 50 and 110 kilograms.`

Article 2

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 26 May 1994.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 301, 20. 11. 1984, p. 1.

(2) OJ No L 320, 22. 12. 1993, p. 5.

(3) OJ No L 234, 24. 8. 1988, p. 20.

(4) OJ No L 285, 25. 10. 1985, p. 39.
§ 111.535 Under this subpart N, what records must you make and keep? ( a ) You must make and keep records required under this subpart N in accordance with subpart P of this part.
( b ) You must make and keep the following records: ( 1 ) Written procedures for fulfilling the requirements of this subpart N.
( 2 ) Any material review and disposition decision on a returned dietary supplement;
( 3 ) The results of any testing or examination conducted to determine compliance with product specifications established under § 111.70(e); and,
( 4 ) Documentation of the reevaluation by quality control personnel of any dietary supplement that is reprocessed and the determination by quality control personnel of whether the reprocessed dietary supplement meets product specifications established in accordance with § 111.70(e).
#### § 2424.30 What policies and procedures must I follow?

The HUD policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220), as supplemented by section 220 in this part (i.e., § 2424.220). For any section of OMB guidance in subparts A through I of 2 CFR 180 that has no corresponding section in this part, HUD policies and procedures are those in the OMB guidance.
# L_2023240EN.01008801.xml

| 28.9.2023 | EN | Official Journal of the European Union | L 240/88 |
| --- | --- | --- | --- |

28.9.2023

EN

Official Journal of the European Union

L 240/88

---

DECISION OF THE EEA JOINT COMMITTEE No 218/2020

of 11 December 2020

amending Annex XIII (Transport) to the EEA Agreement [2023/2020]

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) | Decision (EU) 2019/984 of the European Parliament and of the Council of 5 June 2019 amending Council Directive 96/53/EC as regards the time limit for the implementation of the special rules regarding maximum length for cabs delivering improved aerodynamic performance, energy efficiency and safety performance (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Decision (EU) 2019/984 of the European Parliament and of the Council of 5 June 2019 amending Council Directive 96/53/EC as regards the time limit for the implementation of the special rules regarding maximum length for cabs delivering improved aerodynamic performance, energy efficiency and safety performance (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XIII to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following indent is added in point 15a (Council Directive 96/53/EC) of Annex XIII to the EEA Agreement:

| ‘— | 32019 D 0984: Decision (EU) 2019/984 of the European Parliament and of the Council of 5 June 2019 (OJ L 164, 20.6.2019, p. 30).’ |
| --- | --- |

‘—

32019 D 0984: Decision (EU) 2019/984 of the European Parliament and of the Council of 5 June 2019 (OJ L 164, 20.6.2019, p. 30).’

Article 2

The text of Decision (EU) 2019/984 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

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 164, 20.6.2019, p. 30.

1

(*1)  No constitutional requirements indicated.

*1

---