alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1.1031(b)-2 Safe harbor for qualified intermediaries. ( a ) In the case of simultaneous transfers of like-kind properties involving a qualified intermediary (as defined in § 1.1031(k)-1(g)(4)(iii)), the qualified intermediary is not considered the agent of the taxpayer for purposes of section 1031(a). In such a case, the transfer and receipt of property by the taxpayer is treated as an exchange.
( b ) In the case of simultaneous exchanges of like-kind properties involving a qualified intermediary (as defined in § 1.1031(k)-1(g)(4)(iii)), the receipt by the taxpayer of an evidence of indebtedness of the transferee of the qualified intermediary is treated as the receipt of an evidence of indebtedness of the person acquiring property from the taxpayer for purposes of section 453 and § 15a.453-1(b)(3)(i) of this chapter.
( c ) Paragraph (a) of this section applies to transfers of property made by taxpayers on or after June 10, 1991.
( d ) Paragraph (b) of this section applies to transfers of property made by taxpayers on or after April 20, 1994. A taxpayer may choose to apply paragraph (b) of this section to transfers of property made on or after June 10, 1991.
[T.D. 8346, 56 FR 19937, May 1, 1991, as amended by T.D. 8535, 59 FR 18749, Apr. 20, 1994]
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.1430 Carbon monoxide gas analyzer. ( a ) *Identification.* A carbon monoxide gas analyzer is a device intended to measure the concentration of carbon monoxide in a gas mixture to aid in determining the patient's ventilatory status. The device may use techniques such as infrared absorption or gas chromatography.
( b ) *Classification.* Class II (performance standards).
Editorial Note on Part 862
Editorial Note: Nomenclature changes to part 862 appear at 73 FR 35341, June 23, 2008.

§ 862.1230 Cyclic AMP test system. ( a ) *Identification.* A cyclic AMP test system is a device intended to measure the level of adenosine 3′, 5′-monophosphate (cyclic AMP) in plasma, urine, and other body fluids. Cyclic AMP measurements are used in the diagnosis and treatment of endocrine disorders, including hyperparathyroidism (overactivity of the parathyroid gland). Cyclic AMP measurements may also be used in the diagnosis and treatment of Graves' disease (a disorder of the thyroid) and in the differentiation of causes of hypercalcemia (elevated levels of serum calcium.)
( b ) *Classification.* Class II.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-6473

WAYNE PETROSKI, 

Plaintiff - Appellant, 

v. 

ADRIARRE J. BENNETT, Virginia Parole Board Member; KENNETH STOLLE, 

Sheriff Virginia Beach Correctional Center, 

Defendants - Appellees. 

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-00357-CMH-MSN) 

Submitted: June 14, 2018 Decided: June 19, 2018

Before TRAXLER, DUNCAN, and WYNN, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Wayne Petroski, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit. 
2

PER CURIAM: 

Wayne Petroski appeals from the district court’s order dismissing his civil action 

under 42 U.S.C. § 1983 (2012) without prejudice, confining his appeal to the portion of 

the order dismissing his claim for monetary damages pursuant to Heck v. Humphrey, 

512 U.S. 477, 486-87 (1994) (holding that a 42 U.S.C. § 1983 suit for monetary damages 

is barred if prevailing in the action would necessarily require the plaintiff to prove the 

unlawfulness of his conviction or imprisonment).

*

 We have reviewed the record and find 

no reversible error. Accordingly, we affirm for the reasons stated by the district court. 

Petroski v. Bennett, No. 1:18-cv-00357-CMH-MSN (E.D. Va. Apr. 20, 2018). 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process. 

AFFIRMED

 * We conclude that, although the complaint was dismissed without prejudice, the 

district court’s order qualifies as a final, appealable order because Petroski could not 

simply amend the complaint to cure the defect identified. See Goode v. Cent. Va. Legal 

Aid Soc’y, Inc., 807 F.3d 619, 629-30 (4th Cir. 2015) (holding that dismissal without 

prejudice is not appealable unless “the district court’s grounds for dismissal clearly 

indicate that no amendment could cure the complaint’s defects”).
Exhibit 32

# CERTIFICATION

The undersigned certify pursuant to 18 U.S.C. § 1350, that:

(1)    The accompanying Quarterly Report on
Form 10-Q for the period ended June 30, 2004, 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
accompanying Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.

Date: August 5, 2004

| |  | /s/   Marti Morfitt                                | 
| |  | -------------------------------------------------- | 
| |  |                                                   
| |  | Marti Morfitt, President & Chief Executive Officer | 

Date: August 5, 2004

| |  | /s/   Samuel E. Reinkensmeyer                                                           | 
| |  | --------------------------------------------------------------------------------------- | 
| |  |                                                                                        
| |  | Samuel E. ReinkensmeyerVice President of Finance, Chief Financial Officer and Treasurer | 

---
EXHIBIT 10.106


                                 FIRST AMENDMENT
                        TO THE THIRD AMENDED AND RESTATED
                                     BYLAWS
                                       OF
                      HEALTHCARE INVESTORS OF AMERICA, INC.
                  (FORMERLY HARBOR AMERICAN HEALTH CARE TRUST)



                                  ARTICLE III.

                                    DIRECTORS

          Section 1. NUMBER AND TERM.  Delete the second  sentence and insert in
lieu thereof the  following  sentence:  "the exact number of directors  shall be
seven (7) until changed,  within the limits specified,  by a bylaw amending this
section duly adopted by the board of directors or stockholders.

         All other  provisions of this  paragraph and of these Third Amended and
Restated Bylaws remain unchanged.


<PAGE>

                            CERTIFICATE OF SECRETARY


     I, Joan M. Zeller,  Secretary  of  Healthcare  Investors of America,  Inc.,

hereby  certify  that the  attached  First  Amendment  to the Third  Amended and

Restated  Bylaws  was  approved  by a  majority  of  Stockholders  voting at the

Stockholder meeting held on February 22, 2003.

     IN WITNESS  WHEREOF,  I have  executed  this  certificate  this 22nd day of

February, 2003.


                                               /s/ Joan M. Zeller
                                               ---------------------------------
                                               Joan M. Zeller
                                               Corporate Secretary


                                       2
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.1605 Perimeter. ( a ) *Identification.* A perimeter is an AC-powered or manual device intended to determine the extent of the peripheral visual field of a patient. The device projects light on various points of a curved surface, and the patient indicates whether he or she sees the light.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 886.9. The device is also exempt from the current good manufacturing practice requirements of the quality system regulation in part 820 of this chapter, with the exception of § 820.180, with respect to general requirements concerning records, and § 820.198, with respect to complaint files.
[55 FR 48442, Nov. 20, 1990, as amended at 66 FR 38811, July 25, 2001]
§ 803.12 How do I submit initial and supplemental or followup reports? ( a ) Manufacturers and importers must submit initial and supplemental or followup reports to FDA in an electronic format that FDA can process, review, and archive.
( b ) User facilities that submit their reports and additional information to FDA electronically must use an electronic format that FDA can process, review, and archive. User facilities that submit their reports to FDA on paper must submit any written report or additional information required under this part to FDA, CDRH, Medical Device Reporting, P.O. Box 3002, Rockville, MD 20847-3002, using Form FDA 3500A. Each report must be identified (e.g., “User Facility Report” or “Annual Report”).
( c ) If you are confronted with a public health emergency, this can be brought to FDA's attention by contacting FDA's Office of Crisis Management, Emergency Operations Center by telephone, 24-hours a day, at 301-796-8240 or toll free at 866-300-4374, followed by the submission of an email to: *emergency.operations@fda.hhs.gov*. Note:
This action does not satisfy your obligation to report under part 803.
( d ) You may submit a voluntary telephone report to the MedWatch office at 800-FDA-1088. You may also obtain information regarding voluntary reporting from the MedWatch office at 800-FDA-1088. You may also find the voluntary Form FDA 3500 and instructions to complete it at: *http://www.fda.gov/Safety/MedWatch/HowToReport/DownloadForms/default.htm .*
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.2885 Gas flow transducer. ( a ) *Identification.* A gas flow transducer is a device intended for medical purposes that is used to convert gas flow rate into an electrical signal for subsequent display or processing.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 868.9.
[47 FR 31142, July 16, 1982, as amended at 61 FR 1119, Jan. 16, 1996; 66 FR 38794, July 25, 2001]
EXHIBIT 32.1
                                                                    ------------



                           SECTION 1350 CERTIFICATION

     I, Julie Smolyansky, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of Lifeway Foods, Inc. (the "Company") on Form 10-QSB for three
month period ended June 30, 2005:

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

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

     This written statement is being furnished to the Securities and Exchange
Commission as an exhibit to such Form 10-QSB. A signed original 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.





Date:     August 15, 2005             /s/ Julie Smolyansky
                                      -----------------------------------------
                                      Julie Smolyansky, Chief Executive Officer,
                                      President, and Director
# In the Missouri Court of Appeals

Eastern District

JANUARY 20, 2015

THE FOLLOWING CASES WERE AFFIRMED IN ACCORDANCE WITH RULE

84.16(b) OR RULE 30.25(b).

1. ED100258 STATE OF MISSOURI, RES V CERAL L. ROBINSON, APP

2. ED101014 TODD E. MARBLES, APP V STATE OF MISSOURI, RES

3. ED101186 STATE OF MISSOURI, RES V RICHARD T. HUBBARD, APP
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### Geomorphology of the north flank of the Uinta Mountains

#### Professional Paper 185-I

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NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsConverging-Diverging Nozzle Thruster Code for Nuclear or Chemical Rocket Performance ComputationsThis report describes development of a variable area ratio C-D nozzle numerical computational code "THRST", applicable to the evaluation of nuclear or chemical rocket performance. The propellant for the nuclear rockets is para-hydrogen with gas properties supplied by a sub-routine, while properties for chemical thrusters need to be user input. Detailed documentation of input and output variables and sample output listings enable the report to function as a "User Manual".Document ID20190002787Acquisition SourceGlenn Research CenterDocument TypeTechnical Memorandum (TM)AuthorsJuhasz, Albert J.*(NASA Glenn Research Center Cleveland, OH, United States)*Date AcquiredApril 26, 2019Publication DateApril 1, 2019Subject CategoryComputer Programming And SoftwareSpacecraft Propulsion And PowerReport/Patent NumberGRC-E-DAA-TN64584NASA/TM—2019-220164E-19681Funding Number(s)WBS: 469947.04.21.22.01Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType20190002787.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
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§ 582.6085 Sodium acid phosphate. ( a ) *Product.* Sodium acid phosphate.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
<PAGE>
                                                                    EXHIBIT 31.2


                                  CERTIFICATION


I, Francis H. Murphy, certify that:

1.   I have reviewed this quarterly report on Form 10-Q of Biopure Corporation;

2.   Based on my knowledge, this report does not contain any untrue statement of
     a material fact or omit to state a material fact necessary to make the
     statements made, in light of the circumstances under which such statements
     were made, not misleading with respect to the period covered by this
     report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this report, fairly present in all material
     respects the financial condition, results of operations and cash flows of
     the registrant as of, and for, the periods presented in this report;

4.   The registrant's other certifying officer(s) and I are responsible for
     establishing and maintaining disclosure controls and procedures (as defined
     in Exchange Act Rules 13a- 15(e) and 15d-15(e)) for the registrant and
     have:

     (a) Designed such disclosure controls and procedures, or caused such
     disclosure controls and procedures to be designed under our supervision, to
     ensure that material information relating to the registrant, including its
     consolidated subsidiaries, is made known to us by others within those
     entities, particularly during the period in which this report is being
     prepared;

     (b) Evaluated the effectiveness of the registrant's disclosure controls and
     procedures and presented in this report our conclusions about the
     effectiveness of the disclosure controls and procedures, as of the end of
     the period covered by this report based on such evaluation; and

     (c) Disclosed in this report any change in the registrant's internal
     control over financial reporting that occurred during the registrant's most
     recent fiscal quarter (the registrant's fourth fiscal quarter in the case
     of an annual report) that has materially affected, or is reasonably likely
     to materially affect, the registrant's internal control over financial
     reporting; and

5.   The registrant's other certifying officer(s) and I have disclosed, based on
     our most recent evaluation of internal control over financial reporting, to
     the registrant's auditors and the audit committee of the registrant's board
     of directors (or persons performing the equivalent functions):

     (a) All significant deficiencies and material weaknesses in the design or
     operation of internal control over financial reporting which are reasonably
     likely to adversely affect the registrant's ability to record, process,
     summarize and report financial information; and

     (b) Any fraud, whether or not material, that involves management or other
     employees who have a significant role in the registrant's internal control
     over financial reporting.

Date: September 13, 2004

/s/ Francis H, Murphy
---------------------
Francis H. Murphy
Chief Financial Officer
# C_2015221EN.01001302.xml

| 6.7.2015 | EN | Official Journal of the European Union | C 221/13 |
| --- | --- | --- | --- |

6.7.2015

EN

Official Journal of the European Union

C 221/13

---

Judgment of the General Court of 21 May 2015 — Mo Industries v OHIM (Splendid)

(Case T-203/14) (1)

1

((Community trade mark - Application for Community figurative mark Splendid - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 - Equal treatment - Principle of sound administration))

(2015/C 221/18)

Language of the case: English

Parties

Parties

Applicant: Mo Industries LLC (Los Angeles, California, United States) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Defendant:

Re:

Re:

Action brought against the decision of 7 January 2014 of the First Board of Appeal of OHIM (Case R 1542/2013-1) concerning an application for registration of the figurative sign Splendid as a Community trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Dismisses the action; |
| --- | --- |

1)

Dismisses the action;

| 2) | Orders Mo Industries LLC to pay the costs. |
| --- | --- |

2)

Orders Mo Industries LLC to pay the costs.

---

(1)  OJ C 212, 7.7.2014.

1

---
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.1870 Stereoscope. ( a ) *Identification.* A stereoscope is an AC-powered or battery-powered device that combines the images of two similar objects to produce a three-dimensional appearance of solidity and relief. It is intended to measure the angle of strabismus (eye muscle deviation), evaluate binocular vision (usage of both eyes to see), and guide a patient's corrective exercises of eye muscles.
( b ) *Classification.* Class I (general controls). The AC-powered device and the battery-powered device are exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 886.9. The battery-powered device is also exempt from the current good manufacturing practice requirements of the quality system regulation in part 820 of this chapter, with the exception of § 820.180, with respect to general requirements concerning records, and § 820.198, with respect to complaint files.
[55 FR 48442, Nov. 20, 1990, as amended at 59 FR 63013, Dec. 7, 1994; 66 FR 38813, July 25, 2001]
Editorial Note on Part 880
Editorial Note: Nomenclature changes to part 880 appear at 73 FR 35341, June 23, 2008.

§ 880.5560 Temperature regulated water mattress. ( a ) *Identification.* A temperature regulated water mattress is a device intended for medical purposes that consists of a mattress of suitable size, filled with water which can be heated or in some cases cooled. The device includes electrical heating and water circulating components, and an optional cooling component. The temperature control may be manual or automatic.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 880.9.
[45 FR 69682, Oct. 21, 1980, as amended at 61 FR 1123, Jan. 16, 1996; 66 FR 38804, July 25, 2001]
§ 884.1550 Amniotic fluid sampler (amniocentesis tray). ( a ) *Identification.* The amniotic fluid sampler (amniocentesis tray) is a collection of devices used to aspirate amniotic fluid from the amniotic sac via a transabdominal approach. Components of the amniocentesis tray include a disposable 3 inch 20 gauge needle with stylet and a 30 cc. syringe, as well as the various sample collection accessories, such as vials, specimen containers, medium, drapes, etc. The device is used at 16-18 weeks gestation for antepartum diagnosis of certain congenital abnormalities or anytime after 24 weeks gestation when used to assess fetal maturity.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 884.9.
[61 FR 1123, Jan. 16, 1996, as amended at 66 FR 33808, July 25, 2001]