alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-11-00120-CV

IN RE FIRST TEXAS BHC, INC. 

AND SOUTHWEST BANK

RELATORS

------------

ORIGINAL PROCEEDING

------------

MEMORANDUM OPINION1

------------

The court has considered relators’ petition for writ of mandamus and 

emergency motion for temporary relief and is of the opinion that relief should be 

denied. Accordingly, relators’ petition for writ of mandamus and emergency 

motion for temporary relief is denied.

Relators shall pay all costs of this original proceeding, for which let 

execution issue.

PER CURIAM

PANEL: MEIER, DAUPHINOT, and WALKER, JJ.

 

1See Tex. R. App. P. 47.4, 52.8(d).
2

DELIVERED: March 31, 2011
§ 54.7701-1 Tax return preparer. ( a ) *In general.* For the definition of a tax return preparer, see § 301.7701-15 of this chapter.
( b ) *Effective/applicability date.* This section is applicable to returns and claims for refund filed, and advice provided, after December 31, 2008.
[T.D. 9436, 73 FR 78459, Dec. 22, 2008]
IA

104TH CONGRESS

1ST SESSION H. J. RES. 101

Disapproving the recommendations of the Defense Base Closure and

Realignment Commission.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 1995

Mr. FAZIO of California (for himself, Mr. DOOLITTLE, Mr. HERGER, Mr.

MATSUI, and Mr. POMBO) introduced the following joint resolution; which

was referred to the Committee on National Security

JOINT RESOLUTION

Disapproving the recommendations of the Defense Base

Closure and Realignment Commission.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That Congress disapproves the recommendations of the

4 Defense Base Closure and Realignment Commission as

5 submitted by the President on July 13, 1995.

Æ
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 on Form 10-Q of Able Laboratories, Inc.
(the “Company”) for the quarter ended March 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned Principal Executive Officer and Principal Financial Officer of the
Company certify, to the best knowledge and belief of each signatory, 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/ Dhananjay G.
      WadekarDhananjay G. WadekarChief Executive
      Officer
      (Principal Executive
      Officer)
 ****/s/  Nitin
      V. KotakNitin
      V. KotakVice
      President, Finance and Accounting(Principal
      Financial Officer)
 Date:  May 10,
2005
#### § 1010.401 Determination by the Secretary.

The Secretary hereby determines that the records required to be kept by this chapter have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Office of the Secretary

                    The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation's Procedural Regulations (                    *See*14 CFR 301.201*et seq.*). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings.                

*Docket Number:*                     DOT-OST-2007-0066.                

*Date Filed:*                     July 29, 2009.                

*Due Date for Answers, Conforming Applications, or Motion to Modify Scope:*                     August 19, 2009.                

*Description:*                     Application of Hainan Airlines Co., Limited (“Hainan Airlines”) requesting that the Department amend its foreign air carrier permit to enable it to engage in scheduled air transportation of persons, property and mail between Beijing, People's Republic of China (PEK), on the one hand, and Honolulu, Hawaii (HNL), on the other hand. Hainan Airlines also requests exemption authority to the extent necessary so that it may exercise the rights requested in this application prior to the issuance of an amended foreign air carrier permit.                

 Renee V. Wright,

Program Manager, Docket Operations, Federal Register Liaison.

[FR Doc. E9-19369 Filed 8-11-09; 8:45 am]

BILLING CODE 4910-9X-P
IA

104TH CONGRESS

2D SESSION H. J. RES. 198

Appointing the day for the convening of the first session of the One Hundred

Fifth Congress and the day for the counting in Congress of the electoral

votes for President and Vice President cast in December 1996.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. ARMEY introduced the following joint resolution; which was considered

and passed

JOINT RESOLUTION

Appointing the day for the convening of the first session

of the One Hundred Fifth Congress and the day for

the counting in Congress of the electoral votes for President and Vice President cast in December 1996.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. DATE FOR CONVENING OF THE ONE HUNDRED

4 FIFTH CONGRESS.

5 The first regular session of the One Hundred Fifth

6 Congress shall begin at noon on Tuesday, January 7,

7 1997.
2

•HJ 198 CPH

1 SEC. 2. DATE FOR COUNTING 1996 ELECTORAL VOTES IN

2 CONGRESS.

3 The meeting of the Senate and House of Representa4 tives to be held in January 1997 pursuant to section 15

5 of title 3, United States Code, to count the electoral votes

6 for President and Vice President cast by the electors in

7 December 1996 shall be held on January 9, 1997 (rather

8 than on the date specified in the first sentence of that

9 section).

Æ
#### Bradley Destelhorst et al., Appellants, v Atlantic Detroit Diesel Allison, LLC, Respondent.

[804 NYS2d 128]

Mugglin, J.

Appeal from an order of the Supreme Court (Coccoma, J.), entered January 10, 2005 in Delaware County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Bradley Destelhorst (hereinafter plaintiff) and his wife, derivatively, brought this action claiming that defendant created a one foot in diameter puddle of motor oil on the garage floor at Nova Bus Company (plaintiffs employer) in which he slipped and was injured. Defendant moved for summary judgment and met its initial burden of establishing that it “ ‘neither created the condition nor had actual or constructive notice of the condition’ ” *(Smith v J.B.H., Inc.,*300 AD2d 874, 874 [2002], quoting *Altieri v Golub Corp.,*292 AD2d 734, 734-735 [2002]; *see Kappes v Cohoes Bowling Arena,*2 AD3d 1034, 1034-1035 [2003]) through affidavits which established that (1) no employee of defendant had been at Nova’s premises for three weeks prior to the date of injury, (2) the only employee of defendant *902present on the date of plaintiff’s slip was a technician who performed predelivery inspections on the air conditioning units of two buses, (3) as the oil level in each compressor of the units was appropriate, no motor oil or any other liquid was utilized by said technician in performing the inspections, and (4) plaintiff observed technicians employed by others at the premises that day. In opposition, plaintiffs argue that because defendant’s employee could add oil to the compressors, if it was needed, the employee must have had some oil with him and may have inadvertently spilled it. However, no triable issue of fact is demonstrated by these unsupported and speculative assertions *(see Smith v J.B.H., Inc., supra*at 875; *Williams v*Han*naford Bros. Co.,*274 AD2d 649, 650 [2000]).

Mercure, J.P., Peters, Spain and Rose, JJ., concur. Ordered that the order is affirmed, with costs.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Housing and Urban Development

          - [Docket No. FR-5280-N-31]

# AGENCY:

Office of the Assistant Secretary for Community Planning and Development, HUD.

# ACTION:

Notice.

# SUMMARY:

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

# DATES:

*Effective Date: August 14, 2009.*

# FOR FURTHER INFORMATION CONTACT:

Kathy Ezzell, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 20410; telephone (202) 708-1234; TTY number for the hearing- and speech-impaired (202) 708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.

# SUPPLEMENTARY INFORMATION:

                    In accordance with the December 12, 1988 court order in                     *National Coalition for the Homeless*                     v.                     *Veterans Administration,*                     No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week.                

Dated: August 6, 2009.

Mark R. Johnston,

Deputy Assistant Secretary for Special Needs.

[FR Doc. E9-19244 Filed 8-13-09; 8:45 am]

BILLING CODE 4210-67-P
<PAGE>
Exhibit 32.1


      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
           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 Telex Communications Intermediate
Holdings, LLC and Telex Communications, Inc. (collectively, the "Company") on
Form 10-Q for the quarter ended March 31, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the "Periodic Report"), Raymond V.
Malpocher, as Chief Executive Officer of the Company, and Gregory W. Richter, as
Chief Financial Officer of the Company, each hereby certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of his knowledge:

         (1)      The Periodic 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 Periodic Report fairly
                  presents, in all material respects, the financial condition
                  and results of operations of the Company as of March 31, 2006.



/s/ Raymond V. Malpocher
------------------------------------------
Raymond V. Malpocher
President and Chief Executive Officer
Dated: May 1, 2006



/s/ Gregory W. Richter
------------------------------------------
Gregory W. Richter
Vice President and Chief Financial Officer
Dated: May 1, 2006
```

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Notices]
[Page 40233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19201]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

Notice of a Change in Status of an Extended Benefit (EB) Period 
for Arizona, Delaware, and New York

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces a change in benefit period eligibility 
under the EB program for Arizona, Delaware, and New York.
    The following change has occurred since the publication of the last 
notice regarding these States' EB statuses:
     Total unemployment rate (TUR) data for June 2009, released 
on July 17, 2009, by the Bureau of Labor Statistics, brought the three-
month average seasonally adjusted TURs in Arizona, Delaware, and New 
York to the threshold for triggering ``on'' to a high unemployment 
period (HUP) under the EB program. Beginning on August 2, 2009, 
eligible claimants will be able to collect up to 20 weeks of additional 
Unemployment Insurance benefits. A Federal Register notice must be 
issued shortly, announcing the change in the EB status for these 
states.

Information for Claimants

    The duration of benefits payable in the EB Program, and the terms 
and conditions on which they are payable, are governed by the Federal-
State Extended Unemployment Compensation Act of 1970, as amended, and 
the operating instructions issued to the states by the U.S. Department 
of Labor. In the case of a state beginning a HUP period, the State 
Workforce Agency will furnish a written notice of potential entitlement 
to each individual who may be eligible for increased benefits due to 
the HUP (20 CFR 615.13 (c) (1)).
    Persons who wish to inquire about their rights under the program 
should contact their State Workforce Agency.

FOR FURTHER INFORMATION CONTACT: Scott Gibbons, U.S. Department of 
Labor, Employment and Training Administration, Office of Workforce 
Security, 200 Constitution Avenue, NW., Frances Perkins Bldg., Room S-
4231, Washington, DC 20210, telephone number (202) 693-3008 (this is 
not a toll-free number) or by e-mail: [email protected].

    Signed in Washington, DC, this 6th day of August, 2009.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. E9-19201 Filed 8-10-09; 8:45 am]
BILLING CODE 4510-FW-P
```
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 20 Agreed to Senate (ATS)]

103d CONGRESS
  1st Session
S. RES. 20

 Reappointing Kenneth U. Benjamin, Jr., as Deputy Senate Legal Counsel.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

    Mr. Mitchell (for himself and Mr. Dole) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
 Reappointing Kenneth U. Benjamin, Jr., as Deputy Senate Legal Counsel.

    Resolved, That the reappointment of Kenneth U. Benjamin, Jr., to be 
Deputy Senate Legal Counsel, made by the President pro tempore of the 
Senate this day, shall be effective January 3, 1993, and the term of 
service of the appointee shall expire at the end of the One Hundred 
Fourth Congress.

                                 <all>
```
Editorial Note on Part 301
Editorial Note: In the text of this part, integral section references are to sections of the Internal Revenue Code of 1954; decimal section references are to the Code of Federal Regulations. References in the text to the “Code” are references to sections of the Internal Revenue Code of 1954.

§ 301.7272-1 Penalty for failure to register. ( a ) Any person who fails to register with the district director as required by the Code or by regulations issued thereunder shall be liable to a penalty of $50 except that on and after September 3, 1958, this section shall not apply to persons required to register under subtitle E of the Code, or persons engaging in a trade or business on which a special tax is imposed by such subtitle.
( b ) For provisions relating to registration under sections 4101, 4412, 4455, 4722, 4753, and 4804(d), see the regulations relating to the particular tax. For regulations under section 7011, see § 301.7011-1.
Forfeitures property subject to forfeiture
First Amendment to Commercial Paper Dealer Agreement



 Exhibit 10.02 
 FIRST AMENDMENT TO COMMERCIAL PAPER DEALER AGREEMENT 
 THIS FIRST AMENDMENT TO COMMERCIAL PAPER DEALER AGREEMENT (the “First Amendment”) is entered into on this 28th day of February, 2007 by and between Cardinal Health, Inc. (“Issuer”) and J.P. Morgan Securities, Inc. (“Dealer”). 
 Background Information 
 A. Issuer and Dealer are parties to that certain
Commercial Paper Dealer Agreement dated August 9, 2006 (the “Agreement”) concerning notes issued pursuant to that certain Issuing and Paying Agency Agreement also dated August 9, 2006 by and between Issuer and The Bank of New
York (the “Issuing and Paying Agency Agreement”). 
 B. The Issuer desires to increase to $1,500,000,000 the limit as to the
aggregate principal amount of commercial paper notes which may be outstanding at any given time under the 4(2) Commercial Paper Program established by the Issuing and Paying Agency Agreement, the Agreement, and other related agreements. 

Agreement 
 The parties
hereby acknowledge the accuracy of the foregoing Background Information and agree as follows: 
 1. Defined Terms. Unless the
context as used herein requires otherwise, capitalized terms used but not defined in this First Amendment shall have the meaning given to them in the Agreement. 
 2. Amendment. The centered paragraph underneath the line on page one (the cover page) of the Agreement is hereby deleted in its entirety and restated as follows: 
 Between: Cardinal Health, Inc., as Issuer and J.P. Morgan Securities, Inc., as Dealer Concerning Notes to be issued pursuant to an Issuing and Paying
Agency Agreement dated as of August 9, 2006, as amended February 28, 2007, between the Issuer and the Bank of New York, as Issuing and Paying Agent, Dated as of August 9, 2006, as amended February 28, 2007. 
 3. No Other Modifications. Except as expressly provided in this First Amendment, all of the terms and conditions of the Agreement shall
remain unchanged and in full force and effect. 
 4. Binding Effect. This First Amendment shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns. 







 5. Governing Law. This First Amendment shall be governed by and construed in accordance
with the laws of the State of New York. 
 6. Conflict. In the event of any inconsistency or conflict between this First
Amendment and the Agreement, the terms, provisions and conditions of this First Amendment shall govern and control. 
 7.
Counterparts. This First Amendment may be executed in separate counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same instrument. 
 (Signatures on following page.) 







 The parties hereto have executed this First Amendment as of the day and year first written above.

  

							
	CARDINAL HEALTH, INC.	 	J.P. MORGAN SECURITIES, INC.
				
	By:	 	 /s/ Linda S. Harty
	 	By:	 	 /s/ Johanna C. Foley

	Name:	 	Linda S. Harty, as Executive	 	Name:	 	Johanna C. Foley
		 	Vice President and Treasurer	 		 	
				
	Date:	 	2-28-2007	 	Date:	 	Feb. 28, 2007
§ 48.6421-5 Exempt sales; other payments or refunds available. ( a ) *Exempt sales.* No credit or payment shall be allowed or made under § 48.6421-1 or § 48.6421-2 with respect to gasoline which was exempt from the tax imposed by section 4081. For example, credit or payment may not be allowed or made with respect to gasoline purchased tax free for use as supplies for certain vessels and airplanes, or with respect to gasoline purchased by a State tax free for its exclusive use, as provided in section 4221.
( b ) *Other payments or refunds available.* Any amount which, without regard to the second sentence of section 6421(e)(1) and this paragraph (b), would be allowable as a credit or payable to any person under § 48.6421-1 or § 48.6421-2 is reduced by any other amount which is allowable as a credit or payable under section 6421, or is refundable under any other provision of the Code, to any person with respect to the same gasoline.
( c ) *Gasoline used on farms.* Payments with respect to gasoline used on a farm for farming purposes shall be claimed under section 6420 and § 48.6420-1, and no claim in respect of that gasoline may be made under section 6421 and the regulations thereunder.
[T.D. 8043, 50 FR 32042, Aug. 8, 1985]