alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 31998R0780 - EN

Avis juridique important

*|*

# 31998R0780

**Council Regulation (EC) No 780/98 of 7 April 1998 amending Regulation (EC) No 1488/96 as regards the procedure for adopting the appropriate measures where an essential element for the continuation of support measures for a Mediterranean Partner is lacking **

*
Official Journal L 113 , 15/04/1998 P. 0003 - 0003 *

COUNCIL REGULATION (EC) No 780/98 of 7 April 1998 amending Regulation (EC) No 1488/96 as regards the procedure for adopting the appropriate measures where an essential element for the continuation of support measures for a Mediterranean Partner is lacking

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas Article 3 of Council Regulation (EC) No 1488/96 of 23 July 1996 on financial and technical measures to accompany (MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (3) provides that the said Regulation is based on the respect for democratic principles and the rule of law and also for human rights and fundamental freedoms, which constitute an essential element thereof, the violation of which element will justify the adoption of appropriate measures;

Whereas Article 16 of Regulation (EC) No 1488/96 provides that the definitive procedure for adopting the appropriate measures where an essential element for the continuation of support measures to a Mediterranean partner is lacking is to be determined by 30 June 1997;

Whereas it is therefore necessary to amend Regulation (EC) No 1488/96 to determine such a procedure;

Whereas the Treaty has not provided, for the adoption of this Regulation, powers other than those of Article 235,

HAS ADOPTED THIS REGULATION:

Article 1

Article 16 of Regulation (EC) No 1488/96 shall be replaced by the following:

'Article 16

When an essential element for the continuation of support measures to a Mediterranean partner is missing, the Council may, acting by a qualified majority on a proposal from the Commission, decide upon appropriate measures.`

Article 2

This Regulation shall enter into force on the third day following that of 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 Luxembourg, 7 April 1998.

For the Council

The President

D. BLUNKETT

(1) OJ C 386, 20. 12. 1997, p. 9.

(2) OJ C 104, 6. 4. 1998.

(3) OJ L 189, 30. 7. 1996, p. 1.
#### Harris *v.*The Planters’ Bank.

The statement of the clerk, as to the condition of the record, cannot supply a material defect in the bill of exceptions, such as an omission to show that the exceptions w^re taken in time.

IN ERROR, from the circuit court of the county of Rankin.

Swan for plaintiff in error.

Montgomery & Boyd contra.

Turner, J.

This cause must go off on the preliminary question, as the only errors complained of are those contained in the bill of exceptions.

It does not appear, except by the statement of the clerk, that the exceptions to the opinions of the court were taken before the jury retired from the bar to consider of their verdict. This is not a matter for the clerk to prove. If we relax the *long*established rule on this subject, the next thing will be to receive affidavits of the fact. It is the business of counsel to set forth in the bill of exceptions that it was tendered in time, if such was the fact.

In the case of Maulding *v.*Rigby, 4 Howard, 222, it was decided that the transcript made by the clerk in making up his record of documentary [evidence referred to in a bill of exceptions, was not sufficient, although the clerk stated that “they are the records and executions referred to in the bill of exceptions.” See 4 How. 272, 370, 431; 5 How. 14, 278, 503, 606.

Judgment affirmed.
§ 1903.4 Objection to inspection. ( a ) Upon a refusal to permit the Compliance Safety and Health Officer, in exercise of his official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, to review records, or to question any employer, owner, operator, agent, or employee, in accordance with § 1903.3 or to permit a representative of employees to accompany the Compliance Safety and Health Officer during the physical inspection of any workplace in accordance with § 1903.8, the Safety and Health Officer shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records, or interviews concerning which no objection is raised. The Compliance Safety and Health Officer shall endeavor to ascertain the reason for such refusal, and shall immediately report the refusal and the reason therefor to the Area Director. The Area Director shall consult with the Regional Solicitor, who shall take appropriate action, including compulsory process, if necessary.
( b ) Compulsory process shall be sought in advance of an attempted inspection or investigation if, in the judgment of the Area Director and the Regional Solicitor, circumstances exist which make such preinspection process desirable or necessary. Some examples of circumstances in which it may be desirable or necessary to seek compulsory process in advance of an attempt to inspect or investigate include (but are not limited to): ( 1 ) When the employer's past practice either implicitly or explicitly puts the Secretary on notice that a warrantless inspection will not be allowed;
( 2 ) When an inspection is scheduled far from the local office and procuring a warrant prior to leaving to conduct the inspection would avoid, in case of refusal of entry, the expenditure of significant time and resources to return to the office, obtain a warrant and return to the worksite;
( 3 ) When an inspection includes the use of special equipment or when the presence of an expert or experts is needed in order to properly conduct the inspection, and procuring a warrant prior to an attempt to inspect would alleviate the difficulties or costs encountered in coordinating the availability of such equipment or expert.
( c ) With the approval of the Regional Administrator and the Regional Solicitor, compulsory process may also be obtained by the Area Director or his designee.
( d ) For purposes of this section, the term compulsory process shall mean the institution of any appropriate action, including *ex parte* application for an inspection warrant or its equivalent. *Ex parte* inspection warrants shall be the preferred form of compulsory process in all circumstances where compulsory process is relied upon to seek entry to a workplace under this section.
[45 FR 65923, Oct. 3, 1980]
Exhibit 32



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 of  Elgrande.com, Inc.  (the "Company")

On  Form  10-QSB  for  the period  ended  February 29, 2004 as  filed  with the

Securities  and Exchange  Commission on  the  date  hereof  (the "Report"),  I,

Michael F. Holloran, Chief Executive Officer and Principal Financial Officer of

the Company, certify, 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 my

knowledge: (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 result of operations of the Company.



/s/ Michael F. Holloran

Michael F. Holloran

Chief Executive Officer and Principal Financial Officer



April 14, 2004
# EUR-Lex - 31997D0129 - EN

Avis juridique important

*|*

# 31997D0129

**97/129/EC: Commission Decision of 28 January 1997 establishing the identification system for packaging materials pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (Text with EEA relevance) **

*
Official Journal L 050 , 20/02/1997 P. 0028 - 0031 *

COMMISSION DECISION of 28 January 1997 establishing the identification system for packaging materials pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (Text with EEA relevance) (97/129/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (1), and in particular Article 8 (2) thereof,

Whereas the identification system is to be voluntary at least in a first stage but subject to revision to establish whether to introduce it on a binding basis at a further stage;

Whereas the identification system will be periodically reviewed and, if necessary, revised in accordance with the procedure laid down in Article 21 of Directive 94/62/EC;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee, established pursuant to Article 21 of Directive 94/62/EC,

HAS ADOPTED THIS DECISION:

Article 1

This Decision, which covers all packaging covered by Directive 94/62/EC aims to establish the numbering and abbreviations on which the identification system is based, indicating the nature of the packaging material(s) used and specifying which materials shall be subject to the identification system.

Article 2

For the purposes of this Decision:

- the same definitions set out in Article 3 of Directive 94/62/EC shall apply where relevant,

- composite: means packaging made up of different materials, and which cannot be separated by hand, none exceeding a given percent by weight which shall be established in accordance with the procedure laid down in Article 21 of Directive 94/62/EC. Potential exemptions for some materials may be established by the same procedure.

Article 3

The numbering and abbreviations of the identification system are as laid down in the Annexes.

Their use shall be voluntary for the plastic materials mentioned in Annex I, the paper and fibreboard materials mentioned in Annex II, the metals mentioned in Annex III, the wood materials mentioned in Annex IV, the textile materials mentioned in Annex V, the glass materials mentioned in Annex VI, and the composites mentioned in Annex VII.

A decision whether to introduce on a binding basis the identification system for any material or materials may be adopted in accordance with the procedure laid down in Article 21 of Directive 94/62/EC.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 28 January 1997.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ No L 365, 31. 12. 1994, p. 10.

ANNEX I

>TABLE>

ANNEX II

>TABLE>

ANNEX III

>TABLE>

ANNEX IV

>TABLE>

ANNEX V

>TABLE>

ANNEX VI

>TABLE>

ANNEX VII

>TABLE>
Table 2

**SUMMARY OF EMISSIONS TEST DATA**

Table :2 Plant : Hanson Brick, Mineral Wells, TX Location :Kiln #2 Exhaust Operator :T. Armstrong, L. Whicher Test Date : 17-Aug-10 Repetition : 4 5 6

**STACK GAS** Temperature, F 242.4 245.5 245.5 Velocity, fps 42.55 42.79 42.11 Volume Flow, acfm 17059.3 17154.4 16880.5 scfm 11729.7 11824.6 11573.5 scfh 703780 709479 694411 Moisture, % 6.20% 5.55% 6.05% CO2, % 2.50 2.50 2.50 O2, % 17.87 18.06 17.75

**SAMPLE** Start Time, hrs:min 12:44 PM 2:33 PM 4:20 PM Finish Time, hrs:min 1:47 PM 3:37 PM 5:23 PM Sample Volume, scf 36.136 36.035 35.358 Isokinetic Ratio, % 98.32414 97.26243 97.50754

**PARTICULATE** Front Half Sample Weight, mg 73.22 47.18 69.90 Concentration, grains/scf 0.031265 0.020202 0.030504 Concentration, mg/dscm @ 7% O2 328.2262 226.2757 308.0315 Emissions, lbs/hr 3.144417 2.048249 3.026979 Emissions, gr/hr 1426.04 928.9112 1372.78

**Beryllium** Sample Weight, ug (<0.012) (<0.012) (<0.012) Concentration, mg/dscm @ 7% O2 (<0.00006) (<0.00006) (<0.00006) Emissions, gr/hr (<0.00023) (<0.00024) (<0.00024)

**Antimony** Sample Weight, ug (<0.005) (<0.005) (<0.005) Concentration, mg/dscm @ 7% O2 (<0.000022) (<0.000024) (<0.000022) Emissions, gr/hr (<0.000097) (<0.000098) (<0.000098)

**Arsenic** Sample Weight, ug (<0.005) (<0.005) (<0.005) Concentration, mg/dscm @ 7% O2 (<0.000022) (<0.000024) (<0.000022) Emissions, gr/hr (<0.000097) (<0.000098) (<0.000098)

**Cadmium** Sample Weight, ug (<0.005) (<0.005) (<0.005) Concentration, mg/dscm @ 7% O2 (<0.000022) (<0.000024) (<0.000022) Emissions, gr/hr (<0.000097) (<0.000098) (<0.000098)

**Chromium** Sample Weight, ug 0.008 0.011 0.008 Concentration, mg/dscm @ 7% O2 3.59E-05 5.28E-05 3.53E-05 Emissions, gr/hr 0.000156 0.000217 0.000157

1Table 2

**Cobalt** Sample Weight, ug (<0.005) (<0.005) (<0.005) Concentration, mg/dscm @ 7% O2 (<0.000022) (<0.000024) (<0.000022) Emissions, gr/hr (<0.000097) (<0.000098) (<0.000098)

**Lead** Sample Weight, ug (<0.005) (<0.005) (<0.005) Concentration, mg/dscm @ 7% O2 (<0.000022) (<0.000024) (<0.000022) Emissions, gr/hr (<0.000097) (<0.000098) (<0.000098)

**Manganese** Sample Weight, ug 0.024 0.092 0.036 Concentration, mg/dscm @ 7% O2 0.000108 0.000441 0.000159 Emissions, gr/hr 0.000467 0.001811 0.000707

**Mercury** Sample Weight, ug 0.00423 0.00505 0.00517 Concentration, mg/dscm @ 7% O2 1.9E-05 2.42E-05 2.28E-05 Emissions, gr/hr 8.24E-05 9.94E-05 0.000102

**Selenium** Sample Weight, ug 0.018 0.007 0.015 Concentration, mg/dscm @ 7% O2 8.07E-05 3.36E-05 6.61E-05 Emissions, gr/hr 0.000351 0.000138 0.000295

**Nickel** Sample Weight, ug 0.005 0.013 0.009 Concentration, mg/dscm @ 7% O2 2.24E-05 6.23E-05 3.97E-05 Emissions, gr/hr 9.74E-05 0.000256 0.000177

2
* This panel has determined unanimously that oral argument would not

materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2);

10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral

argument. This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,

however, for its persuasive value consistent with Fed. R. App. P. 32.1 and

10th Cir. R. 32.1.

FILED

United States Court of Appeals

Tenth Circuit

April 11, 2008

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JESSE LeCLAIR, JR.,

Defendant-Appellant.

No. 08-6000

(D.C. No. 07-CR-00171-M-1)

(W.D. Okla.)

ORDER AND JUDGMENT*

Before TACHA, TYMKOVICH, and GORSUCH, Circuit Judges.

This matter is before the court on the government’s motion to enforce the

appeal waiver contained in defendant Jesse LeClair, Jr.’s plea agreement. The

motion is filed pursuant to United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004)

(en banc). Defendant’s counsel filed a response to the motion to enforce stating

his belief that there are no meritorious grounds upon which defendant can urge
-2-

denial of the government’s motion to enforce the appeal waiver, and he requested

permission to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967)

(authorizing counsel to request permission to withdraw where counsel

conscientiously examines a case and determines that an appeal would be wholly

frivolous). This court then gave defendant an opportunity to file a pro se

response to the government’s Hahn motion. In response, defendant filed a request

to withdraw his appeal.

Accordingly, the government’s motion is GRANTED, the appeal is

DISMISSED, and defense counsel’s motion to withdraw is DENIED as moot. 

ENTERED FOR THE COURT

PER CURIAM
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
INTERIM FINANCIAL STATEMENTS FOR FIRST QUARTER 2000 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH ALTREX INCORPORATED.
</LEGEND>

<S>                                               <C>
<PERIOD-TYPE>                                     3-MOS
<FISCAL-YEAR-END>                                 DEC-31-1999
<PERIOD-START>                                    JAN-01-2000
<PERIOD-END>                                      MAR-31-2000
<CASH>                                                      0
<SECURITIES>                                                0
<RECEIVABLES>                                               0
<ALLOWANCES>                                                0
<INVENTORY>                                                 0
<CURRENT-ASSETS>                                            0
<PP&E>                                                      0
<DEPRECIATION>                                              0
<TOTAL-ASSETS>                                              0
<CURRENT-LIABILITIES>                                       0
<BONDS>                                                     0
<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
<COMMON>                                            2,500,000
<OTHER-SE>                                                  0
<TOTAL-LIABILITY-AND-EQUITY>                                0
<SALES>                                                     0
<TOTAL-REVENUES>                                            0
<CGS>                                                       0
<TOTAL-COSTS>                                               0
<OTHER-EXPENSES>                                            0
<LOSS-PROVISION>                                            0
<INTEREST-EXPENSE>                                          0
<INCOME-PRETAX>                                             0
<INCOME-TAX>                                                0
<INCOME-CONTINUING>                                         0
<DISCONTINUED>                                              0
<EXTRAORDINARY>                                             0
<CHANGES>                                                   0
<NET-INCOME>                                                0
<EPS-BASIC>                                            0.00
<EPS-DILUTED>                                            0.00




</TABLE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1999             JUL-31-1999
<PERIOD-START>                             AUG-01-1999             FEB-01-1999
<PERIOD-END>                               APR-30-1999             APR-30-1999
<CASH>                                          23,464                  23,464
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  141,978                 141,978
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               243,972                 243,972
<PP&E>                                          23,082                  23,082
<DEPRECIATION>                                   5,368                       0
<TOTAL-ASSETS>                                 272,282                       0
<CURRENT-LIABILITIES>                          423,648                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                     1,340,950                 754,000
<OTHER-SE>                                 (1,492,316)               (846,427)
<TOTAL-LIABILITY-AND-EQUITY>                   272,282                 159,369
<SALES>                                        526,700                 267,953
<TOTAL-REVENUES>                               526,700                 267,953
<CGS>                                                0                       0
<TOTAL-COSTS>                                1,253,587                 483,558
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                              (726,887)               (215,605)
<INCOME-TAX>                                  (80,998)                (78,500)
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (645,989)               (137,105)
<EPS-BASIC>                                      (.04)                   (.01)
<EPS-DILUTED>                                    (.04)                   (.01)


</TABLE>
| Earnings                to Fixed Charges          |   |   |   |   |   |    |   |   |     |   |   |
|---------------------------------------------------|--------|--------|--------|--------|--------|---------|--------|--------|----------|--------|--------|
|                                              |   |   |   |   |   |    |   |   |     |   |   |
|                                              |   |   |   |   |   |    |   |   |     |   |   |
|                                              |   | 2002   |   | 2003   |   | 2004    |   | 2005   |     | 2006   |   |
| Earnings:                                         |   |   |   |   |   |    |   |   |     |   |   |   |   |   |   |   |
| Income                (loss) before taxes         |   |   | -3,990 |   |   | 25,534  |   |   | 40,691   |   |   | 34,116 |   |   | (84,963 | ) |
| Interest                                          |   |   | 49254  |   |   | 45,413  |   |   | 53,185   |   |   | 73,274 |   |   | 111,280 |   |
| Interest                portion of rental expense |   |   | 3254   |   |   | 3,739   |   |   | 4,960    |   |   | 7,737 |   |   | 10,413 |   |
|                                              |   |   | 48,518 |   |   | 74,686  |   |   | 98,836   |   |   | 115,127 |   |   | 36,730 |   |
|                                              |   |   |   |   |   |    |   |   |     |   |   |   |   |   |   |   |
| Fixed                Charges:                     |   |   |   |   |   |    |   |   |     |   |   |   |   |   |   |   |
| Interest                                          |   |   | 49,254 |   |   | 45,413  |   |   | 53,185   |   |   | 73,274 |   |   | 111,280 |   |
| Interest                capitalized               |   |   | -844   |   |   | -860    |   |   | -1,120   |   |   | -1,230 |   |   | -2,469 |   |
| Interest                portion of rental expense |   |   | 3,254  |   |   | 3,739   |   |   | 4,960    |   |   | 7,737 |   |   | 10,413 |   |
|                                              |   |   | 51,664 |   |   | 48,292  |   |   | 57,025   |   |   | 79,781 |   |   | 119,224 |   |
|                                              |   |   |   |   |   |    |   |   |     |   |   |   |   |   |   |   |
| Ratio                                             |   |   | 0.9    |   |   | 1.5     |   |   | 1.733209 |   |   | 1.443040 |   |   | 0.308076 |   |
|                                              |   |   |   |   |   |    |   |   |     |   |   |   |   |   |   |   |
| Shortfall                (overage)                |   |   | 3,146  |   |   | -26,394 |   |   | -41,811  |   |   | -35,346 |   |   | 82,494 |   |