alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 12.1
<TABLE>
<CAPTION>

                               ISG Resources, Inc.
         Statement re Computation of Ratio of Earnings to Fixed Charges
                          (In thousands, except ratios)


                                Year        Year         Year         Year     2 1/2 Months  9 1/2 Months    Year        Year
                               Ended        Ended       Ended         Ended      Ended         Ended        Ended       Ended
                             12/31/2001  12/31/2000   12/31/1999   12/31/1998    1997          1997       12/31/1996  12/31/1995
                             ----------------------------------------------------------------------------------------------------
<S>                            <C>         <C>          <C>        <C>        <C>         <C>             <C>          <C>
Fixed Charges:
   Interest on debt            $16,030     $14,973      $12,690     $8,874      $628        $4,160          $4,853       $4,081
   Amortization of debt
        issuance costs             937         831          702        464         -             -              -             -
   Interest portion of
        rental expense           3,460       2,689        2,531      2,038       420         1,448           2,045        2,016
                             ---------------------------------------------------------------------------------------------------
        Total fixed charges    $20,427     $18,493      $15,923    $11,376    $1,048        $5,608        $  6,898     $  6,097
                             ========================================================================= ========================

Earnings:
   Pre-tax income (loss) from
        continuing operations   (1,626)    (12,749)        $285     $4,808      $517       $(2,478)         (2,232)      (2,541)
   Add back fixed charges       20,427      18,493       15,923     11,376     1,048         5,608           6,898        6,097
                             ----------------------------------------------------------------------- --------------------------
         Total earnings        $18,801      $5,744      $16,208    $16,184    $1,565        $3,130          $4,666       $3,556
                             ======================================================================== =========================

Ratio of Earnings to
   Fixed Charges                 0.92        0.31         1.02       1.42      1.49          0.56            0.68         0.58
                             ========================================================================= ========================

Deficit of Earnings to
   Fixed Charges                $1,626     $12,749        $(285)   $(4,808)    $(517)       $2,478          $2,232       $2,541
                             ========================================================================= ========================
</TABLE>
# EUR-Lex - 31998D0018 - EN

Avis juridique important

*|*

# 31998D0018

**98/18/EC: Council Decision of 27 November 1997 concerning the conclusion of the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters **

*
Official Journal L 007 , 13/01/1998 P. 0037 - 0037 *

COUNCIL DECISION of 27 November 1997 concerning the conclusion of the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters (98/18/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with the first sentence of Article 228(2) thereof,

Having regard to the proposal from the Commission,

Whereas on 5 April 1993 the Council authorized the Commission to negotiate, on behalf of the Community, customs cooperation agreements with some of the Community's main trading partners;

Whereas the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The Commission, assisted by representatives of the Member States, shall represent the Community on the Joint Customs Cooperation Committee set up under Article 20 of the Agreement.

Article 3

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement on behalf of the Community.

Article 4

The president of the Council shall effect the notification provided for in Article 24 of the Agreement on behalf of the Community (1).

Article 5

This Decision shall be published in the Official Journal of the European Communities.

Done at Brussels, 27 November 1997.

For the Council

The President

M. PATIJN

(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.
#### § 36.106 Flight Manual statement of Chapter 14 noise level equivalency.

For each airplane that meets the requirements for Stage 5 certification, the Airplane Flight Manual or operations manual must include the following statement: “The following noise levels comply with part 36, appendix B, Stage 5 maximum noise level requirements and were obtained by analysis of approved data from noise tests conducted under the provisions of part 36, Amendment [insert part 36 amendment number to which the airplane was certificated]. The noise measurement and evaluation procedures used to obtain these noise levels are considered by the FAA to be equivalent to the Chapter 14 noise levels required by the International Civil Aviation Organization (ICAO) in Annex 16, Volume 1, Aircraft Noise, Seventh Edition, July 2014, Amendment 11-B, applicable January 1, 2015.”

[FAA Doc. No. FAA-2015-3782, Amdt. No. 36-31, 82 FR 46129, Oct. 4, 2017]
§ 89.501 Applicability. ( a ) This subpart prescribes— ( 1 ) Requirements for the design and production of unmanned aircraft with remote identification produced for operation in the airspace of the United States.
( 2 ) Requirements for the design and production of remote identification broadcast modules.
( 3 ) Procedural requirements for the submission, acceptance, and rescission of declarations of compliance.
( 4 ) Rules governing persons submitting declarations of compliance for FAA acceptance under this part.
( b ) Except as provided in paragraph (c) of this section, this subpart applies to the design and production of all unmanned aircraft operated in the airspace of the United States.
( c ) Except for unmanned aircraft designed and produced to be standard remote identification unmanned aircraft, this subpart does not apply to the design or production of: ( 1 ) Home-built unmanned aircraft.
( 2 ) Unmanned aircraft of the United States Government.
( 3 ) Unmanned aircraft that weigh 0.55 pounds or less on takeoff, including everything that is on board or otherwise attached to the aircraft.
( 4 ) Unmanned aircraft designed or produced exclusively for the purpose of aeronautical research or to show compliance with regulations.
#### POTTS v STATE OF FLORIDA

Case No. 89-4AC10 (County Court Case No. 88-14009MM10)

Seventeenth Judicial Circuit, Broward County

August 3, 1989

APPEARANCES OF COUNSEL

Robert A. Delegal, P.A., for appellant.

Ellen B. Pilelsky, Assistant State Attorney, for appellee.

OPINION OF THE COURT

RICHARD D. EADE, Circuit Judge.

THIS CAUSE having come before this Court upon appeal of the Trial Court’s Denial of Appellant’s Motion for Discharge, and the Court having received and reviewed appellate briefs, and being fully advised in the premises, makes the following findings of facts and conclusions of law:

FINDINGS OF FACTS:

1. On or about June 3, 1988 the Appellant, Robert Potts, was arrested for Driving under the Influence contrary to Fla. Stat. § 316.193(1).

*642. A notice of arraignment for July 20, 1988 was mailed to Appellant’s address of record. The Appellant failed to appear and a capias was issued. Appellant was informed by his bondsman on July 21, 1988 that he had failed to appear for the July 20th hearing.

3. Appellant testified that his attorney informed him not to re-set the court date but to wait for the clerks office to contact him. The court date was re-set for September 13, 1988. On November 29, 1988 the appellant filed a motion for discharge. The motion was denied and this appeal followed.

BASED ON THE FOREGOING THIS COURT MAKES THE FOLLOWING CONCLUSIONS OF LAW:

A. Pursuant to *McNamara v State,*357 So.2d 791 (Fla. 1981) a trial court’s ruling comes to the appellate level with a presumption of correctness, and the reviewing court must view the evidence in a manner most favorable to sustain the trial court.

B. In Florida Statute Section 3.191(e) the State has the burden to prove that the defendant is unavailable for trial, if this is established then the defendant must show his continuous availability for trial. *State Ex. Rel. Kennedy v McCauley,*265 So.2d 547 (Fla. 4DCA 1972).

C. Pursuant to *State Ex. Rel. Smith v Nesbitt,*failure to appear for a court appearance is evidence of non-availability for trial. Non-availability has the effect of tolling the time period provided for in speedy trial rule.

D. A defendant’s actual knowledge of the date and willful failure to appear, or intention avoidance or evasion of receiving notice, are sufficient to waive a defendant’s speedy trial right. *State v Collie,*390 So.2d 441 (Fla. 5DCA 1980).

E. Accordingly, we find there was ample evidence to support the Trial Court’s ruling that the defendant was put on actual notice and made himself unavailable for trial.

WHEREFORE, it is ORDERED AND ADJUDGED that the Trial Court’s Denial for Motion for Discharge is hereby AFFIRMED.

DONE AND ORDERED in Chambers, at the Broward County Courthouse, 201 Southeast Sixth Street, Fort Lauderdale, Florida 33301, this 3rd day of August, 1989.
#### PACKOS v. CITY OF BIRMINGHAM.

(Decided December 19, 1916.)

Appeal from Jefferson Circuit Court.

Heard before Hon. Wm. E. Fort.

No counsel marked for appellant.

Romaine Boyd, and W. A. Jenkins, for appellee.

Evans, J.

Affirmed for want of assignment of error.
§ 102.150 Answer to application; reply to answer; comments by other parties. ( a ) Within 35 days after service of an application, the General Counsel may file an answer to the application. Unless the General Counsel requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure to file a timely answer may be treated as a consent to the award requested. The filing of a motion to dismiss the application will stay the time for filing an answer to a date 35 days after issuance of any order denying the motion. Within 21 days after service of any motion to dismiss, the applicant may file a response. Review of an order granting a motion to dismiss an application in its entirety may be obtained by filing a request with the Board in Washington, DC, pursuant to § 102.27.
( b ) If the General Counsel and the applicant believe that the issues in the fee application can be settled, they may jointly file a statement of their intent to negotiate toward a settlement. The filing of such a statement will extend the time for filing an answer for an additional 35 days.
( c ) The answer must explain in detail any objections to the award requested and identify the facts relied on in support of the General Counsel's position. If the answer is based on alleged facts not already in the record of the adversary adjudication, supporting affidavits must be provided or a request made for further proceedings under § 102.152.
( d ) Within 21 days after service of an answer, the applicant may file a reply. If the reply is based on alleged facts not already in the record of the adversary adjudication, supporting affidavits must be provided or a request made for further proceedings under § 102.152.
( e ) Any party to an adversary adjudication other than the applicant and the General Counsel may file comments on a fee application within 35 days after it is served and on an answer within 21 days after it is served. A commenting party may not participate further in the fee application proceeding unless the Administrative Law Judge determines that such participation is required in order to permit full exploration of matters raised in the comments.
[82 FR 11783, Feb. 24, 2017]
#### ANDERSON v. CULVER et al.

No. 32713.

Oct. 21, 1947.

*185 P. 2d 918.*

*307Robt. L. Gee, Jr., of Hugo, for plaintiff in error.

Hal Welch, of Hugo, for defendant in error.

PER CURIAM.

Plaintiff in error has appealed from a judgment entered against him in the trial court and on August 28, 1946, filed his brief. The authorities therein cited reasonably sustain the allegations of error. The defendants in error have filed no brief and have offered no excuse for such failure. Under such circumstances as stated in Osborne v. Osborne, 163 Okla. 273, 21 P. 2d 1056, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but the cause may be reversed and remanded, with directions. The cause is reversed and remanded, with directions to the trial court to vacate the judgment entered for the plaintiffs below and enter judgment for the defendant as prayed for in the petition in error.

HURST, C.J., DAVISON, V.C.J., and RILEY, BAYLESS, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.
#### GIBSON v. THE STATE.

(Decided April 4, 1916.)

Appeal from Jefferson Criminal Court.

Heard before Hon. Wm. E. Fort.

No counsel marked for appellant. W. L. Martin, Attorney General, for the State.

Pelham, P. J.

The transcript contains no bill of exceptions, and the time for signing same having expired, and the record being regular, the cause is affirmed.
§ 440.13 Standard conditions of insurance coverage. ( a ) Insurance obtained under § 440.9 must comply with each of the following terms and conditions of coverage: ( 1 ) Bankruptcy or insolvency of an insured, including any additional insured, shall not relieve an insurer of any of its obligations under any policy.
( 2 ) Policy limits shall apply separately to each occurrence and, for each occurrence to the total of claims arising out of a licensed or permitted activity in connection with any particular launch or reentry.
( 3 ) Except as provided in this section, each policy must pay claims from the first dollar of loss, without regard to any deductible, to the limits of the policy. A licensee or permittee may obtain a policy containing a deductible amount if the amount of the deductible is placed in an escrow account or otherwise demonstrated to be unobligated, unencumbered funds of the licensee or permittee, available to compensate claims at any time claims may arise.
( 4 ) No policy may be invalidated by any action or inaction of the licensee or permittee or any additional insured, even by nonpayment by the licensee or permittee of the policy premium, and each policy must insure the licensee or permittee and each additional insured regardless of any breach or violation of any warranties, declarations, or conditions contained in the policies by the licensee or permittee or any additional insured (other than a breach or violation by the licensee, permittee or an additional insured, and then only as against that licensee, permittee or additional insured).
( 5 ) Each exclusion from coverage must be specified.
( 6 ) Insurance shall be primary without right of contribution from any other insurance that is carried by the licensee or permittee or any additional insured.
( 7 ) Each policy must expressly provide that all of its provisions, except the policy limits, operate in the same manner as if there were a separate policy with and covering the licensee or permittee and each additional insured.
( 8 ) Each policy must be placed with an insurer of recognized reputation and responsibility that either: ( i ) Is licensed to do business in any State, territory, possession of the United States, or the District of Columbia; or
( ii ) Includes in each of its policies or insurance obtained under this part a contract clause in which the insurer agrees to submit to the jurisdiction of a court of competent jurisdiction within the United States and designates an authorized agent within the United States for service of legal process on the insurer.
( 9 ) Except as to claims resulting from the willful misconduct of the United States or any of its agents, the insurer shall waive any and all rights of subrogation against each of the parties protected by required insurance.
( b ) [Reserved]
§ 1406.2 Terms of service for mediation, facilitation, and other alternative dispute resolution services. The following Terms of Service additionally apply when the FMCS service is a mediation, facilitation, training, and other alternative dispute resolution service. ( a ) These services are voluntary processes that may be terminated at any time unless otherwise provided by statute or by agreement.
( b ) The neutral has no authority to compel resolution.
( c ) These services are confidential to the extent allowed by law. The obligations imposed by these terms and conditions are in addition to and do not supersede any obligations imposed by applicable state or Federal laws regarding mediation confidentiality.
( d ) The parties agree that they will not record, transcribe, save, or otherwise capture any audio, video, files, documents, chat texts, or any other data that they would not have access to but for the service being provided, unless agreed to by all parties and with prior written approval of FMCS, or as otherwise required by law. They further agree to notify the neutral immediately if recordings, saves or other captures of data occur, to ensure that no further distribution or transfer occurs, and to immediately and permanently delete them.
( e ) Non-parties may attend only with the agreement of the parties and the neutral unless otherwise required by law and are bound by these terms of service.
( f ) If a party inadvertently gains access to any confidential discussions involving another party, the party with inadvertent access shall immediately disclose their presence and exit from the confidential discussions. Any confidential information inadvertently disclosed may not be used by the party with inadvertent access, even within the confines of the alternative dispute resolution session.
( g ) The parties agree not to subpoena or compel the neutral to testify or produce any documents provided by a party in any administrative or judicial proceeding. The neutral will not voluntarily testify or produce documents on behalf of a party in any administrative or judicial proceeding unless otherwise required by law.
#### Rosario Dispenza, Doing Business as Rosario’s Pizzeria, Appellant, v Rosolino Mangano et al., Respondents, et al., Defendants.

[698 NYS2d 909]

—In an action, *inter alia,*to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Queens County (Posner, J.), dated December 22, 1998, which denied his motion, *inter alia,*to stay enforcement of a stipulation of settlement dated August 12, 1998, entered into in the Civil Court of the City of New York, New York County, and granted the cross motion of the defendants Rosolino Mangano and Sam Mangano individually and d/b/a Houston Realty No. 2, LLC, and d/b/a Famous Original Ray’s Pizza, and B.M. Group, Inc., to dismiss the complaint insofar as asserted against them for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the complaint failed to state a cause of action to recover damages for fraud *(see,*CPLR 3016 [b]; *Fitzpatrick Constr. Corp. v County of Suffolk,*138 AD2d 446). The appellant’s remaining contentions are without merit. Santucci, J. P., Altman, Friedmann and H. Miller, JJ., concur.
§ 1626.8 Contents of charge; amendment of charge. ( a ) In addition to the requirements of § 1626.6, each charge should contain the following: ( 1 ) The full name and contact information of the person making the charge except as provided in § 1626.8(d) below;
( 2 ) The full name and contact information of the person against whom the charge is made, if known (hereinafter referred to as the respondent);
( 3 ) A clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices;
( 4 ) If known, the approximate number of employees of the prospective defendant employer or members of the prospective defendant labor organization.
( 5 ) A statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a State agency charged with the enforcement of fair employment practice laws and, if so, the date of such commencement and the name of the agency.
( b ) Notwithstanding the provisions of paragraph (a) of this section, a charge is sufficient when the Commission receives from the person making the charge either a written statement or information reduced to writing by the Commission that conforms to the requirements of § 1626.6.
( c ) A charge may be amended to clarify or amplify allegations made therein. Such amendments and amendments alleging additional acts which constitute unlawful employment practices related to or growing out of the subject matter of the original charge will relate back to the date the charge was first received. A charge that has been so amended shall not again be referred to the appropriate State agency.
( d ) A charge that any person has engaged in or is engaging in an unlawful employment practice within the meaning of the ADEA may be made by or on behalf of any person claiming to be aggrieved. A charge on behalf of a person claiming to be aggrieved may be made by any person, agency, or organization. The written charge need not identify by name the person on whose behalf it is made. The person making the charge, however, must provide the Commission with the name and contact information of the person on whose behalf the charge is made. During the Commission investigation, Commission personnel shall verify the authorization of such charge by the person on whose behalf the charge is made. Any such person may request that the Commission shall keep his or her identity confidential. However, such request for confidentiality shall not prevent the Commission from disclosing the identity to Federal, State or local agencies that have agreed to keep such information confidential. If this condition is violated by a recipient agency, the Commission may decline to honor subsequent requests for such information.
( e ) The person claiming to be aggrieved has the responsibility to provide the Commission with notice of a change in contact information so that he or she can be contacted when necessary during the Commission's consideration of the charge.
[48 FR 140, Jan. 3, 1983, as amended at 85 FR 65219, Oct. 15, 2020]