alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 31998R2257 - EN

Avis juridique important

*|*

# 31998R2257

**Commission Regulation (EC) No 2257/98 of 20 October 1998 laying down special measures derogating from Regulation (EEC) No 3719/88 as regards fruit and vegetables **

*
Official Journal L 283 , 21/10/1998 P. 0009 - 0009 *

COMMISSION REGULATION (EC) No 2257/98 of 20 October 1998 laying down special measures derogating from Regulation (EEC) No 3719/88 as regards fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), as amended by Commission Regulation (EC) No 2520/97 (2), and in particular Articles 35(11) and 46 thereof,

Whereas the problems on the Russian market since September have seriously damaged exporters' economic interests and the resulting situation has seriously affected the opportunities for exports;

Whereas, under the circumstances and notwithstanding Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3), as last amended by Regulation (EC) No 1044/98 (4), holders of export licences with advance fixing of the refund valid on 1 September 1998 should be allowed, until the end of 1998 and provided that Russia is one of the destinations mentioned on the licence, to return them to the issuing body with a view to recovering the corresponding security in full;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Article 33 of Regulation (EEC) No 3719/88, the securities relating to export licences for fruit and vegetables with advance fixing of the refund on which Russia is one of the stipulated destinations, which were valid on 1 September 1998 and which were or are returned to the issuing body no later than 31 December 1998, shall be released in full for the quantities not exported.

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 297, 21. 11. 1996, p. 1.

(2) OJ L 346, 17. 12. 1997, p. 41.

(3) OJ L 331, 2. 12. 1988, p. 1.

(4) OJ L 149, 20. 5. 1998, p. 11.
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, September 17, 2021. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, September 17, 2021 The Court of Appeals hereby passes the following order A22D0030. YOLANDA CLAYBROOKS v. JOHN CLAYBROOKS.
Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Superior Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: 20105257
#### DeHOFF v MYERS et

Ohio Appeals, 5th Dist, Stark Co

No. 941.

Decided October 17, 1929

Messrs. H. C. Pontius, Esq., and Thos. Miller, Esq.', Canton, for DeHoff.

Mr. Henry W. Harter, Jr., Canton, for Myers et.

*718HOUCK, J.

Mandatory stautes are imperative and must be strictly construed, otherwise the proceeding which is taken ostensibly by virtue thereof will be void. Compliance therewith substantially is a condition precedent, that is, the validity of acts done under a mandatory statute depends on a compliance with its provisions.

The vital question presented in this case is as to whether or not there has been a substantial compliance with the statutory provisions governing the questioned election. If there has been such, then the claim of the plaintiff must fall. See 2nd Sutherland on Statutory Construction, 2nd Edition, Sec. 627.

We are also clearly of the opinion that the case of Board of Education vs. Briggs, 114 OS. page 415, adopts and follows the rule herein laid down.

It will be observed that this is a suit for injunctive relief and this remedy is summary, peculiar and extraordinary and ought not to be invoked except for the prevention of great and irreparable , mischief, and granting such relief always rests in the exercise of a sound discretion governed by the nature of -the case. The granting of injunctive relief rests wholly and entirely _in the discretion of the Chancellor or Chancellors. Substantial and positive injury must always be made to appear to the satisfaction of the Chancellor or Chancellors before allowing injunctive relief and acts which, although appearing irregular, if they have no injurious result, constitute no ground for such relief.

> “One who seeks an injunction must show his - right thereto by clear evidence.

> Riefsnyder v. Fertilizer Co. 9 Ohio App. 161.

> “A court of equity will grant a perpetual injunction only when a party shows a clear right thereto.

> Spangler v. Cleveland, 43 OS. 526.

In the light of these authorities and the peculiar facts set forth in the petition and the conceded facts stated by counsel in the argument of this case, we have no hesitancy in saying that the plaintiff is not entitled to a permaneixfc injunction against the defendants.

In this case there is no charge of fraud and no one seems to hav.e been injured in person or property and it occurs to the Court that the relief prayed for in the petition should not be granted, where no showing of substantial injury or wrong has been made. The election has been held and the electors voted to issue the bonds and to enjoin the sale of them at this time, it seems to us, would be an exercise of an abuse of discretion in a Court of equity. Viewing the case as we do, we are clearly of the opinion that substantial Justice warrants and authorizes the refusal to grant the injunction as prayed for in the petition, which is now done.

Judgment is entered for the defendants, and the petition of the plaintiff is dismissed. .

Lemert, J, and Sherick, J, concur.
ex10_2.htm


  
    Exhibit 10.2

    


     

     

    June 23,
2009


     

    Mr.
Michael Nelson

    Vernel
Co

    1 Gracie
Square

    New York,
NY 10028

    


    


     

    Dear
Michael,


     

    Five Star Group requests that Vernal
Company extend the lease in the Newington, CT facility, for 6 additional months
expiring in September, 2010. The rent will remain at the current lease's
rate.

    


    


    Sincerely,


    


    


    /s/Joseph Leven

    Joseph
Leven

    Senior
Vice President

    Five Star
Group

    
 

     

    
      	 	
              Agreed to
      and accepted

              Vernel Company

              Marnew Corp. General Partner

               

              /s/ Michael J Nelson

              Michael J Nelson, President

            


    

     

    


    
 

    


    


    903 Murray
Road, P.O. Box 1960, East Hanover, NJ 07936, 973.428.4600, fax
973.515.0443
**Exhibit32**

CERTIFICATIONS PURSUANT TO18 U.S.C. §1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Terry G. Roussel andSharon C. Kaiser, do each hereby certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that tothe best of his knowledge, the Quarterly Report of Cornerstone Realty Fund, LLCon Form 10-Q for the nine-month period ended September 30, 2006 fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934 and that information contained in such Form 10-Q fairly presents in allmaterial respects the financial condition and results of operations ofCornerstone Realty Fund, LLC.
|                    |   | /s/ TERRY G. ROUSSEL                                                                                                                                                                                                     |   |
|--------------------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
| Date: May 11, 2007 |   | Terry G. Roussel  Chief Executive Officer (Principal Executive Officer) of  Cornerstone Ventures, Inc., Managing Member of  Cornerstone Industrial Properties, LLC, the Managing Member of  Cornerstone Realty Fund, LLC |
|               |   |                                                                                                                                                                                                                     |
|               |   |                                                                                                                                                                                                                     |
|               |   | /s/ SHARON C. KAISER                                                                                                                                                                                                     |   |
| Date: May 11, 2007 |   | Sharon C. Kaiser  Chief Financial Officer (Principal Financial Officer) of  Cornerstone Ventures, Inc., Managing Member of  Cornerstone Industrial Properties, LLC, the Managing Member of  Cornerstone Realty Fund, LLC |

 

1

----
Editorial Note on Part 1926
Editorial Notes: 1. At 44 FR 8577, Feb. 9, 1979, and corrected at 44 FR 20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 29 CFR part 1926 together with certain General Industry Occupational Safety and Health Standards contained in 29 CFR part 1910, which have been identified as also applicable to construction work. This republication developed a single set of OSHA regulations for both labor and management forces within the construction industry. 2. Nomenclature changes to part 1926 appear at 84 FR 21597, May 14, 2019.

§ 1926.441 Batteries and battery charging. ( a ) *General requirements.* ( 1 ) Batteries of the unsealed type shall be located in enclosures with outside vents or in well ventilated rooms and shall be arranged so as to prevent the escape of fumes, gases, or electrolyte spray into other areas.
( 2 ) Ventilation shall be provided to ensure diffusion of the gases from the battery and to prevent the accumulation of an explosive mixture.
( 3 ) Racks and trays shall be substantial and shall be treated to make them resistant to the electrolyte.
( 4 ) Floors shall be of acid resistant construction unless protected from acid accumulations.
( 5 ) Face shields, aprons, and rubber gloves shall be provided for workers handling acids or batteries.
( 6 ) Facilities for quick drenching of the eyes and body shall be provided within 25 feet (7.62 m) of battery handling areas.
( 7 ) Facilities shall be provided for flushing and neutralizing spilled electrolyte and for fire protection.
( b ) *Charging.* ( 1 ) Battery charging installations shall be located in areas designated for that purpose.
( 2 ) Charging apparatus shall be protected from damage by trucks.
( 3 ) When batteries are being charged, the vent caps shall be kept in place to avoid electrolyte spray. Vent caps shall be maintained in functioning condition.
Editorial Note on Part 1904
Editorial Note: At 82 FR 20548, May 3, 2017, as required by the Congressional Review Act and Public Law 115-21, the Occupational Safety and Health Administration removed all amendments to part 1904 published at 81 FR 91792, Dec. 19, 2016.

§ 1904.32 Annual summary. ( a ) *Basic requirement.* At the end of each calendar year, you must: ( 1 ) Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified;
( 2 ) Create an annual summary of injuries and illnesses recorded on the OSHA 300 Log;
( 3 ) Certify the summary; and
( 4 ) Post the annual summary.
( b ) *Implementation* — ( 1 ) *How extensively do I have to review the OSHA 300 Log entries at the end of the year?* You must review the entries as extensively as necessary to make sure that they are complete and correct.
( 2 ) *How do I complete the annual summary?* You must: ( i ) Total the columns on the OSHA 300 Log (if you had no recordable cases, enter zeros for each column total); and
( ii ) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the OSHA 300 Log, and the total hours worked by all employees covered by the OSHA 300 Log.
( iii ) If you are using an equivalent form other than the OSHA 300-A summary form, as permitted under § 1904.29(b)(4), the summary you use must also include the employee access and employer penalty statements found on the OSHA 300-A Summary form.
( 3 ) *How do I certify the annual summary?* A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.
( 4 ) *Who is considered a company executive?* The company executive who certifies the log must be one of the following persons: ( i ) An owner of the company (only if the company is a sole proprietorship or partnership);
( ii ) An officer of the corporation;
( iii ) The highest ranking company official working at the establishment; or
( iv ) The immediate supervisor of the highest ranking company official working at the establishment.
( 5 ) *How do I post the annual summary?* You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material.
( 6 ) *When do I have to post the annual summary?* You must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.
[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 FR 20548, May 3, 2017; 85 FR 8731, Feb. 18, 2020]
<TABLE>
<CAPTION>

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


                                          Year           Year        Year        2 1/2 Months   9 1/2 Months
                                          Ended          Ended       Ended          Ended          Ended
                                      December 31,   December 31,  December 31,  December 31,   October 13,  Year Ended December 31,
                                          2000           1999        1998            1997          1997        1996        1995
------------------------------------------------------------------------------  ------------   ----------  ----------   -----------
<S>                                      <C>         <C>          <C>            <C>           <C>         <C>         <C>
Fixed Charges:
    Interest on debt                       14,973      12,690      $ 8,874         $ 628        $ 4,160     $ 4,853     $ 4,081
    Amortization of debt issuance costs       831         702          464             -              -           -           -
    Interest portion of rental expense      2,689       2,531        2,038           420          1,448       2,045       2,016
--------------------------------------------------------------------------------------------   ----------  ----------   -----------
             Total fixed charges         $ 18,493    $ 15,923     $ 11,376       $ 1,048        $ 5,608     $ 6,898     $ 6,097
                                         =====================================  ============   ==========  ==========   =========

Earnings:

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

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

Deficit of Earnings to Fixed Charges     $ 12,749      $ (285)    $ (4,808)       $ (517)       $ 2,478     $ 2,232     $ 2,541
                                         =====================================  ============   ==========  ==========   =========
</TABLE>
#### § 18.401 Definition of *relevant evidence.*

*Relevant evidence* means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
<PAGE>


                                                             Exhibit 21


                         Subsidiaries of Registrant




United Wisconsin Insurance Company - a Wisconsin insurance corporation
United Wisconsin Proservices, Inc. - a Wisconsin corporation
United Heartland Life Insurance Company - a Wisconsin insurance company
Compcare Health Services Insurance Corporation - a Wisconsin corporation
Meridian Managed Care, Inc. - a Wisconsin corporation
Meridian Resource Corporation - a Wisconsin corporation
Meridian Marketing Services, Inc. - a Wisconsin corporation
Valley Health Plan, Inc. - a Wisconsin corporation
United Heartland, Inc. - a Wisconsin corporation
CNR Health, Inc. - a Wisconsin corporation
HMO-W, Incorporated - a Wisconsin corporation
Unity Health Plans Insurance Corporation - a Wisconsin corporation
Hometown Insurance Services, Inc. - a Wisconsin corporation
Heartland Dental Plan, Inc. - a Wisconsin corporation
Heartland Dental Plan of Michigan, Inc. - a Michigan corporation
Intercare Network, Inc. - a Wisconsin corporation
Ladd Enterprises, Inc. - a Michigan corporation
Michigan Healthcare Collections, Inc. - a Michigan corporation
#### HEARIL v. THE STATE.

(Decided February 10, 1917.)

Appeal from Gadsden City Court.

Heard before Hon. James A. Bilbro.

Thos. H. Stephens, and J. D. Giles, for appellant.

W. L. Martin, Attorney General, for the State.

Bricken, J. —

The bill of exceptions stricken because not presented within 90 days, and there being no error of record the cause is affirmed.
# EUR-Lex - 31998R1138 - EN

Avis juridique important

*|*

# 31998R1138

**Council Regulation (EC) No 1138/98 of 28 May 1998 amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries **

*
Official Journal L 159 , 03/06/1998 P. 0001 - 0003 *

COUNCIL REGULATION (EC) No 1138/98 of 28 May 1998 amending Annexes II and III to Regulation (EC) No 519/94 on common rules for imports from certain third countries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas Regulation (EC) No 519/94 (1) introduced, in respect of the People's Republic of China, the quotas listed in Annex II to that Regulation and the surveillance measures listed in Annex III thereto;

Whereas the Council's objective in establishing the quotas was to strike a balance between an appropriate level of protection for the Community industries concerned and maintenance of an acceptable level of trade with China, taking into account the various interest in play;

Whereas analysis of the main economic indicators, in particular the volume and market share of Chinese imports, leads to the conclusion that the quota on toys falling within HS/CN codes 9503 41, 9503 49 and 9503 90 should be abolished and that such abolition would be neither inconsistent with the above objective nor liable to disrupt the Community market;

Whereas, in the light of the experience acquired in implementing the quotas, the situation of the Community producers concerned indicates that a 5 % upward adjustment of the quotas would be appropriate and would be neither inconsistent with the above objective nor liable to disrupt the Community market; whereas, however, in the case of footwear the particularly sensitive nature of the industry indicates that for the time being no increase is appropriate;

Whereas the products in respect of which the quota is abolished by this Regulation should, however, be subject to prior Community surveillance, in order to ensure adequate monitoring of the volume and prices of the imports of the products concerned;

Whereas the quantitative quotas and the surveillance measures introduced pursuant to Regulation (EC) No 519/94 should therefore be amended,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II and III to Regulation (EC) No 519/94 shall be replaced by the Annexes which appear in Annexes I and II to this Regulation respectively.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 May 1998.

For the Council

The President

M. FISHER

(1) OJ L 67, 10. 3. 1994, p. 89. Regulation as last amended by Regulation (EC) No 847/97 (OJ L 122, 14. 5. 1997, p. 1).

ANNEX I

'ANNEX II

>TABLE>

`

ANNEX II

'ANNEX III

>TABLE>

`
§ 1695.4 Significance determination. ( a ) Prior to issuance, the Commission shall provide OIRA with an opportunity to review a guidance document to determine if it meets the definition of “significant guidance document.”
( b ) If the guidance document is determined not to be significant, the Commission shall proceed with issuance of the guidance without going through the procedures described in § 1695.5.
( c ) In emergency situations, or when required by statutory deadline or court order to act more quickly than normal review procedures allow, the Chair shall notify OIRA and all Commissioners as soon as possible and, to the extent practicable, comply with the requirements of this part at the earliest opportunity.
#### In the Matter of the Will of John W. Potter, Deceased. Sarah Weaver, Appellant; H. Martha Jones et al., Respondents.

Argued April 23, 1937;

decided May 25, 1937.

*545
      *Michael J. Larkin*and *Adrian S. Malsan*for appellant.

*Harold M. Hartness*for respondents.

Order affirmed, with costs payable out of the estate: no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Httbbs, Loughran, Finch and Rippey, JJ.