alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STREET IMPROVEMENTS.

[Franklin Circuit Court.]

#### Becker et al. v. Columbus (City.)

Boards of Education may Sign Petitions for Street Improvement.

Boards of education are owners of property within the meaning of the street improvement laws and have the right to sign petitions for improvements.

Per Curiam.

Suit to enjoin the city from proceeding with the improvement of Pearl street, from Schiller street to Stewart avenue in that city. They *856raised the point that the board of education had no right to sign for improvements on the ground that they are not owners of property. Without their signatures a majority of feet front would not have been represented on the petition. The court held that the board has the right to sign petitions for improvements, as they have power to acquire, hold, possess and dispose of property, and they are owners of property within the meaning of thé law.
No. 76-6599.

#### Wardlaw *v.*United States.

Ct. App. D. C. Certiorari denied.
exv10w5






EXHIBIT 10.5




[ON ORBITZ WORLDWIDE LETTERHEAD]




July 31, 2009




James Shaughnessy

c/o Orbitz Worldwide, Inc.

500 West Madison Street, Suite 1000

Chicago, IL 60661




Dear Jim,



The following will confirm our understanding with respect to the housing and travel allowances
payable to you in connection with your employment by Orbitz Worldwide, Inc. and its affiliates (the
“Company”).



Effective as of August 1, 2009 and for the succeeding 12-month period, you will receive a housing
and travel allowance of $9,200 per month (or $4,246.15 per pay period), less applicable taxes, and
will have use of available Company barter card funds for air travel to and from your home in
Connecticut on a weekly basis. In the event that barter card funds cannot be used (for example,
for change fees or fare increases incurred to change an itinerary for a business reason) or are no
longer available, you will be reimbursed for the actual cost of such fees and fare changes or the
actual cost of an airline ticket to and from your home in Connecticut consistent with Company
travel policies. Any such reimbursements will be subject to applicable taxes.



The aforementioned allowances and benefits are in lieu of any other relocation benefits during the
relevant period. At the end of this period, the Chief Executive Officer and the Board of Directors
(or appropriate committee thereof) will review either a continued housing/travel allowance or begin
the relocation process under the Company’s Relocation Policy, Plan A.



The above terms shall amend and supersede any prior agreements or arrangements between you and the
Company (including any of its predecessors) with respect to the subject matter hereof.



Please indicate your acceptance of this agreement by signing below and returning it to me.




	 	 	 	 	 
	Regards,

 	 	 
	/s/ Paul Wolfe
 	 	 
	Paul Wolfe 	 	 
	GVP, Human Resources

Orbitz Worldwide, Inc. 	 	 




	 	 	 	 	 
	/s/ James P. Shaughnessy
 

Employee

	 	3-Sept-09
 

Date
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-7844

JOHNNIE L. JOHNSON, 

 Petitioner - Appellant, 

 v. 

LEROY CARTLEDGE, Acting Warden, 

 Respondent - Appellee. 

Appeal from the United States District Court for the District of 

South Carolina, at Rock Hill. G. Ross Anderson, Jr., Senior 

District Judge. (0:08-cv-02071-GRA) 

Submitted: December 17, 2009 Decided: December 31, 2009 

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Johnnie L. Johnson, Appellant Pro Se. Donald John Zelenka, 

Deputy Assistant Attorney General, Columbia, South Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Johnnie L. Johnson seeks to appeal the district 

court’s order accepting the recommendation of the magistrate 

judge and denying relief on his 28 U.S.C. § 2254 (2006) 

petition. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Johnson has 

not made the requisite showing. Accordingly, we deny a 

certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

DISMISSED
#### The People of the State of New York, Appellant, *v.*The City of New York, Respondent.

(Argued October 14, 1936;

decided November 17, 1936.)

*610
      *John J. Bennett, Jr., Attorney-General (Timothy F. Cohan*and *Henry Epstein*of counsel), for appellant.

*Paul Windels, Corporation Counsel (Robert C. Rand, Paxton Blair*and *Ralph W. Thomas*of counsel), for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ.; Crouch, J., taking no part.
#### STANDARD OIL CO. (N. J.) v. UNITED STATES

[81 C. Cls. 174; 296 U. S. 597]

Petition for writ of certiorari *denied*by the Supreme Court October 14, 1935.
# EUR-Lex - 31997D0097 - EN

Avis juridique important

*|*

# 31997D0097

**97/97/EC, Euratom: Council Decision of 27 January 1997 appointing a member of the Economic and Social Committee **

*
Official Journal L 031 , 01/02/1997 P. 0068 - 0068 *

COUNCIL DECISION of 27 January 1997 appointing a member of the Economic and Social Committee (97/97/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 195 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to Council Decision 94/660/EC, Euratom of 26 September 1994 concerning the appointment of the members of the Economic and Social Committee for the period from 21 September 1994 to 20 September 1998 (1),

Whereas a seat has become vacant on the Economic and Social Committee following the resignation of Mr Erland Olausson, communicated to the Council on 12 September 1996;

Having regard to the nominations submitted by the Swedish Government on 18 November 1996;

Having obtained the opinion of the Commission of the European Communities,

HAS DECIDED AS FOLLOWS:

Sole Article

M. Leif Hägg is hereby appointed a member of the Economic and Social Committee in place of Mr Erland Olausson for the remainder of the latter's of office, which expires on 20 September 1998.

Done at Brussels, 27 January 1997.

For the Council

The President

G. ZALM

(1) OJ No L 257, 5. 10. 1994, p. 20.
forms1a2111309ex10-3.htm


    PROMISSORY
NOTE

    


    


    $
8,682.00                                                                                  
     Dated:  August 13, 2008

    


    Principal
Amount                                $8,682.00                                           State
of New York

    


    FOR VALUE RECEIVED, the
undersigned hereby jointly and severally promise to pay to the order of Joseph
C. Passalaqua, the sum Eight Thousand Six Hundred Eighty-two Dollars
($8,682.00), together with interest thereon at the rate of 18% per annum on the
unpaid balance.  Said sum shall be paid in the manner
following:

    


    In full upon demand.

    


    All payments shall be first applied to
interest and the balance to principal.  This note may be prepaid, at
any time, on whole or in part, without penalty.  All prepayments shall
be applied in reverse order of maturity.

    


    This note shall at the option of any
holder hereof be immediately due and payable upon the failure to make any
payment due hereunder within 5 days of its due date.

    


    In the event this note shall be in
default, and placed with an attorney for collection, then the undersigned agree
to pay all reasonable attorney fees and costs of collection.  Payments
not made within five (5) days of due date shall be subject to a late charge of 5
% of said payment.  All payments hereunder shall be made to such
address as may from time to time be designated by any holder
hereof.

    


    The undersigned and all other parties
to this note, whether as endorsers, guarantors or sureties, agree to remain
fully bound hereunder until this note shall be fully paid and waive demand,
presentment and protest and all notices thereto and further agree to remain
bound, notwithstanding any extension, renewal, modification, waiver, or other
indulgence by any holder or upon the discharge or release of any obligor
hereunder or to this note, or upon the exchange, substitution, or release of any
collateral granted as security for this note.  No modification or
indulgence by any holder hereof shall be binding unless in writing; and any
indulgence on any one occasion shall not be an indulgence for any other or
future occasion.  Any modification or change of terms, hereunder
granted by any holder hereof, shall be valid and binding upon each of the
undersigned, notwithstanding the acknowledgment of any of the undersigned, and
each of the undersigned does hereby irrevocably grant to each of the others a
power of attorney to enter into any such modification on their
behalf.  The rights of any holder hereof shall be cumulative and not
necessarily successive.  This note shall take effect as a sealed
instrument and shall be construed, governed and enforced in accordance with the
laws of the State first appearing at the head of this note.  The
undersigned hereby execute this note as principals and not as
sureties.

    


    /s/ John F.
Passalaqua

                                                                                         Borrower-
John F. Passalaqua

                               Secretary,
Pegasus Tel, Inc.
#### § 39.1 Purpose of this regulation.

The regulations in this part provide a legal framework for FAA's system of Airworthiness Directives.
# CE2004065EN.01027302.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/273 |
| --- | --- | --- | --- |

13.3.2004

EN

Official Journal of the European Union

CE 65/273

---

(2004/C 65 E/288)

WRITTEN QUESTION P-3290/03

by Claude Moraes (PSE) to the Commission

(3 November 2003)

Subject:   Work-related illnesses

Subject:

Could the Commission please give the reasons for its request to Member States to widen their lists of official work-related illnesses in its 19 September approval of a draft Recommendation on professional health risks?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 November 2003)

(20 November 2003)

The Commission adopted the Recommendation concerning the European schedule of occupational diseases (1) on 19 September 2003. This Recommendation updates and replaces an existing Recommendation of 22 May 1990 (2) on the same subject, because of the need to take account of data arising from scientific and technical progress in this field, to have an up-to-date instrument in the run-up to the European Union's forthcoming enlargement, and to do justice to the special emphasis which the ‘new Community strategy on health and safety at work 2002-2006’ (3) places on enhanced prevention of occupational diseases.

1

2

3

The new Recommendation calls on Member States to ‘introduce as soon as possible into their national laws, regulations or administrative provisions concerning scientifically recognised occupational diseases liable for compensation and subject to preventive measures, the European schedule in Annex I’.

In addition to the agents and diseases linked directly to occupation and already included in the previous Recommendation, Annex I to this Recommendation contains a further 16 diseases on whose occupational origin there is a broad scientific consensus.

During the time since the 1990 Recommendation was issued, scientific and technical progress has led to a greater understanding of how certain occupational diseases emerge and of the causal relationships involved.

The Commission would like to draw the Honourable Member's attention to the fact that the Member States were closely involved in the preparatory work for the adoption of the Recommendation by the Commission, particularly in relation to Annex I, the European schedule of occupational diseases.

In addition, the experience acquired since 1990 by monitoring the above Recommendation in the Member States has highlighted various aspects which could be improved in order to attain more fully the Recommendation's objectives, particularly in relation to prevention and to the collection and comparability of data in this field. These aspects too have been included in the new Recommendation.

The Commission feels that this new Recommendation should be the preferred instrument for effective prevention of occupational diseases in the European Union.

---

(1)  OJ L 238, 25.9.2003.

1

(2)  OJ L 160, 26.6.1990.

2

(3)  COM(2002) 118 final.

3

---
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 Health and Human Services

###### Food and Drug Administration 

          - 21 CFR Parts 16 and 900 
          - [Docket No. 99N-4578] 
          - RIN 0910-AB98 

# AGENCY:

Food and Drug Administration, HHS. 

# ACTION:

Proposed rule; correction.

# SUMMARY:

                        The Food and Drug Administration (FDA) is correcting a proposed rule that appeared in the                         **Federal Register**                         of March 30, 2000 (65 FR 16847). The document proposes to implement the “States as certifiers provisions” of the Mammography Quality Standards Act of 1992 (the MQSA). In the March 30, 2000, proposed rule, there were two incorrect references to the provisions of the MQSA being implemented. This document corrects those errors.                     

# FOR FURTHER INFORMATION CONTACT:

Ruth A. Fischer, Center for Devices and Radiological Health (HFZ-240), Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850, 301-594-3332, FAX 301-594-3306. 

# SUPPLEMENTARY INFORMATION:

                    In FR Doc. 00-7653, appearing on page 16847 in the                     **Federal Register**                     of March 30, 2000, the following corrections are made:                 

                    1. On page 16847, in the first column, under the                     **SUMMARY**                    , in line 3, “patient notification” is corrected to read “States as certifiers”.                 

                    2. On page 16848, in the first column, the heading in section D, “                    *The Patient Notification Provisions*                    ” is corrected to read “                    *The States as Certifiers Provisions*                    ”.                 

Dated: April 15, 2000. 

Linda S. Kahan, 

Deputy Director for Regulations Policy, Center for Devices and Radiological Health. 

[FR Doc. 00-11330 Filed 5-4-00; 8:45 am] 

BILLING CODE 4160-01-F
#### § 31.53 Drag rope.

If a drag rope is used, the end that is released overboard must be stiffened to preclude the probability of the rope becoming entangled with trees, wires, or other objects on the ground.
**Exhibit31.2**

 

I,Gary D. Gall, President, Chief Executive Officer, certify that:

 

1.I have reviewed this quarterly report on Form 10-Q of Western Sierra Bancorp(the “Registrant”);

 

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

 

3.Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;

 

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

 

a)designed such disclosure controls and procedures to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;

 

b)evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

 

c)Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and

 

5.The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting,  to the registrant’sauditors and the audit committee of registrant’s board of directors:

 

a)all significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 

 
| Date: November 4, 2004 |
|------------------------|
|                   |
|                   | /s/ Gary D. Gall |   |
|                   | President and Chief  Executive Officer |   |
|                        |  |  |  |  |

 

----
#### LEE v. THE STATE.

(Decided April 20, 1916.)

Appeal from Jefferson Criminal Court.

Heard before Hon. J. E. Blackwood.

George D. Finley, for appellant. W. L.'Martin, Attorney-General, for the State.

Per Curiam.

Appeal dismissed by appellant.
____IUL1O2OU8__westvirginiadepartmentofenvironmentalprotectionEPA.REGIONIIIOF)CEOFREGIONALADM1N1SI1ATORExecutiveOffice60157tStreetSECharleston,WV25304Phone:(304)926-0440Fax:(304)926-0446July9,2008JoeManchinIII,GovernorRandyC.Huffman,CabinetSecretarywww.wvdep.orgRECEIVEDMr.DonaldS.WelshRegionalAdministratorU.S.EPA,RegionIII(3RAOO)1650ArchStreetPhiladelphia,PA19103-2029JUL‘ZOOBoct&(a)Re:CertificationofCleanAirActSection110(a)(2)(G)StateImplementationPlanElementDearAdministratorWelsh:TheDepartmentofEnvironmentalProtection(DEP)hereincertifieshowtheWestVirginiaStateImplementationPlan(SIP)satisfiesaspecific“infrastructure”elementforstateSIPsrequiredundersection110(a)(2)(G)oftheCleanAirAct(CAA).WestVirginiadoeshaveacontingencyplanundertheprovisionsof45CSR11(PreventionofAirPollutionEmergencyEpisodes),whichhasbeenapprovedaspartoftheWestVirginiaSIPandmeetstheregulatoryrequirementsof40CFR§51.152.WestVirginia’sauthoritycomparabletothatinSection303oftheCAAwasaddressedinapreviousSIPrevision.Ifyouhaveanyquestionsregardingthisconfinnation,orrequireadditionalinformation,pleasecontactJohnA.Benedict,DirectoroftheDivisionofAirQuality,at(304)926-0462.RCH/jlmcc:JohnA.Benedict,DirectorWVDAQSincerely,RandyC.HuffmanCabinetSecretaryRECEIVEDciepPromotingahealthyenvironment.
Exhibit 32.1


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


Solely for the purposes of complying  with, and the extent required by 18 U.S.C.
1350, as adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, the
undersigned certifies, in his capacity as the Chief Executive Officer of Fortune
Entertainment  Corporation,  that, to his knowledge, the quarterly report of the
company on Form 10-QSB for the period ended June 30, 2005,  fully  complies with
the  requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of
1934 and that the information  contained in the report fairly  presents,  in all
material respects, the company's financial condition and results of operations.


August 18, 2005

/s/ Douglas R. Sanderson
Douglas R. Sanderson, Chief Executive Officer