alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 31995D0358 - EN

Avis juridique important

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# 31995D0358

**95/358/EC, Euratom: Council Decision of 29 June 1995 on the granting of daily allowances to Members of the Economic and Social Committee, alternates and experts **

*
Official Journal L 205 , 31/08/1995 P. 0038 - 0038 *

COUNCIL DECISION of 29 June 1995 on the granting of daily allowances to Members of the Economic and Social Committee, alternates and experts (95/358/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 6 thereof,

Having regard to the Treaty on European Union, and in particular Article 194 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,

Whereas the amounts of the daily allowances paid to Members of the Economic and Social Committee and to alternates and experts, laid down by Council Decision 81/121/EEC of 3 March 1981 (1), as last amended by Council Decision 92/243/EEC of 29 April 1992 (2), should be adapted;

Whereas that adaptation should take account, inter alia, of the progression of the 'horeca` price index for Belgium;

Whereas, however, the allowances should not be increased for beneficiaries who do not incur the expense of an overnight stay at the place of work or do not furnish satisfactory proof of such expense,

HAS DECIDED AS FOLLOWS:

Article 1

Article 2 of Council Decision 81/121/EEC of 3 March 1981, as last amended by Council Decision 92/243/EEC of 29 April 1992, shall be repealed and replaced by the following:

'Article 2 1. The daily allowance per travel day shall amount to:

- Bfrs 4 450 for members,

- Bfrs 3 000 for alternates and experts.

2. The daily allowance per meeting day shall amount to:

- Bfrs 5 700 for members,

- Bfrs 3 800 for alternates and experts.

3. Where the beneficiary furnishes satisfactory proof that he has incurred expenditure on an overnight stay at the place of work, he shall be paid a supplementary daily allowance of:

- Bfrs 1 000 for members,

- Bfrs 700 for alternates and experts.`

Article 2

This Decision shall take effect on 1 July 1995.

Done at Luxembourg, 29 June 1995.

For the Council The President J. BARROT
Exhibit 32.2

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 Crdentia Corp. (the "Company")
on Form 10-QSB for the period ended March 31, 2005 as filed with the  Securities
and Exchange  Commission (the "Report"),  I, Ja
mes J. TerBeest,  Chief Financial
Officer of the Company,  hereby  certify as of the date  hereof,  solely for the
purposes of Title 18, Chapter 63,  Section 1350 of the United States Code,  that
to my knowledge:

      1.    the Report fully complies with the  requirements of Section 13(a) or
            15(d), as applicable, of the Securities Exchange Act of 1934; and

      2.    the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Company at the dates and for the periods indicated.


This  Certification  has not been,  and shall not be  deemed,  "filed"  with the
Securities and Exchange Commission.


Date:  May 16, 2005                         By:  /S/  James J. TerBeest
                                               ------------------------
                                                      James J. TerBeest
                                                      Chief Financial Officer

                                       46
§ 2590.606-2 Notice requirement for employers. ( a ) *General.* Pursuant to section 606(a)(2) of the Employee Retirement Income Security Act of 1974, as amended (the Act), except as otherwise provided herein, the employer of a covered employee under a group health plan subject to the continuation coverage requirements of part 6 of title I of the Act shall provide, in accordance with this section, notice to the administrator of the plan of the occurrence of a qualifying event that is the covered employee's death, termination of employment (other than by reason of gross misconduct), reduction in hours of employment, Medicare entitlement, or a proceeding in a case under title 11, United States Code, with respect to the employer from whose employment the covered employee retired at any time.
( b ) *Timing of notice.* The notice required by this section shall be furnished to the administrator of the plan— ( 1 ) In the case of a plan that provides, with respect to a qualifying event, pursuant to section 607(5) of the Act, that continuation coverage and the applicable period for providing notice under section 606(a)(2) of the Act shall commence on the date of loss of coverage, not later than 30 days after the date on which a qualified beneficiary loses coverage under the plan due to the qualifying event;
( 2 ) In the case of a multiemployer plan that provides, pursuant to section 606(a)(2) of the Act, for a longer period of time within which employers may provide notice of a qualifying event, not later than the end of the period provided pursuant to the plan's terms for such notice; and
( 3 ) In all other cases, not later than 30 days after the date on which the qualifying event occurred.
( c ) *Content of notice.* The notice required by this section shall include sufficient information to enable the administrator to determine the plan, the covered employee, the qualifying event, and the date of the qualifying event.
( d ) *Multiemployer plan special rules.* This section shall not apply to any employer that maintains a multiemployer plan, with respect to qualifying events affecting coverage under such plan, if the plan provides, pursuant to section 606(b) of the Act, that the administrator shall determine whether such a qualifying event has occurred.
( e ) *Applicability.* This section shall apply to any notice obligation described in this section that arises on or after the first day of the first plan year beginning on or after November 26, 2004.
[69 FR 30097, May 26, 2004]
§ 2200.22 Representation of parties and intervenors. ( a ) *Representation.* Any party or intervenor may appear in person, through an attorney, or through any non-attorney representative. A representative must file an appearance in accordance with § 2200.23. In the absence of an appearance by a representative, a party or intervenor will be deemed to appear for itself. A corporation or unincorporated association may be represented by an authorized officer or agent.
( b ) *Affected employees in collective bargaining unit.* Where an authorized employee representative (see § 2200.1(g)) elects to participate as a party, affected employees who are members of the collective bargaining unit may not separately elect party status. If the authorized employee representative does not elect party status, affected employees who are members of the collective bargaining unit may elect party status in the same manner as affected employees who are not members of the collective bargaining unit. See paragraph (c) of this section.
( c ) *Affected employees not in collective bargaining unit.* Affected employees who are not members of a collective bargaining unit may elect party status under § 2200.20(a). If more than one employee so elects, the Judge shall provide for them to be treated as one party.
( d ) *Control of proceeding.* A representative of a party or intervenor shall be deemed to control all matters respecting the interest of such party or intervenor in the proceeding.
###### Editorial Note on Part 4

#### Editorial Note:

Nomenclature changes to part 4 appear at 61 FR 19984, May 3, 1996.

#### § 4.140 Significance of contract amount.

As set forth in § 4.104 and in the requirements of §§ 4.6-4.7, the obligations of a contractor with respect to labor standards differ in the case of a covered and nonexempt contract, depending on whether the contract is or is not in excess of $2,500. Rules for resolving questions that may arise as to whether a contract is or is not in excess of this figure are set forth in the following sections.
LARCENY — ROBBERY.

[Hamilton Circuit Court,

1900.]

Smith, Swing and Giffen, JJ.

#### Harry Brennan v. State of Ohio.

Conviction or Lesser Offense — accused not Prejudiced.

A person is not prejudiced by being tried and convicted for larceny when he might have been tried and convicted of robbery, an aggravated larceny, for the same offense.

*Shay & Cogan,*for plaintiff in error.

Schwartz, *Darby Ratliff,*for the state.

Heard on Error.

Swing, J.

The plaintiff in error, Henry Brennan, was tried and convicted on an indictment charging him with larceny. The proof tends to show that he was also guilty of robbery or picking pockets. It is claimed that a conviction can not be-had for larceny when the proof also tends to show that robbery was committed. 2 Bishop’s New Criminal Law, sec. Il5t>, defines robbery as follows:

> “Robbery is larceny committed by violence from the person of one put in fear.”

And at section 1159, says:

> “The indiement for robbery charges larceny together with the aggravating matter which makes it in the particular instance robbery. For example, the property is described the same as in larceny. The ownership is in the same way set out, and so of the rest. Then, if what *317aggravates the larceny to robbery is not proved at the trial, the defendant may be convicted of the simple larceny.”

The following authorities supoort this statement of Mr. Bishop: 36 Mo., 372; 23 Ind., 21; 17 Wend., 386; 8 Tex. App., 135; 80 Tenn., 651 and 3 or 10. The plaintiff in error was not prejudiced in being tried and convicted for a larceny when he might have been tried and convicted of robbery, an aggravated larceny, for the same act and offense.

We do not find that any other errors alleged to be in the record are well taken, and the judgment is therefore affirmed.
§ 1640.4 Confidentiality. ( a ) When a section 504 agency or a designated agency receives information obtained by the EEOC, such agency shall observe the confidentiality requirements of section 706(b) and section 709(e) of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-5(b) and 2000e-8(e)), as incorporated by section 107(a) of the ADA, to the same extent as these provisions would bind the EEOC, except when the agency receives the same information from a source independent of the EEOC. Agency questions concerning the confidentiality requirements of title I shall be directed to the Associate Legal Counsel for Legal Services, Office of Legal Counsel, the EEOC.
( b ) When the EEOC receives information from a section 504 or a designated agency, the EEOC shall observe any confidentiality requirements applicable to that information.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

PRESS ENERGY SERVICES, LLC AND

CHRISTOPHER JAMES NISSLEY

,

Appellant s

,

v.

JAVIER BUSTILLOS RUIZ

,

Appellee. §

§

§

§

§

§

§ No. 08

- 1 9

- 00 179

- CV

Appeal from the

143 rd D istrict Court

of El Paso County, Texas

(TC# 18

- 01

- 22264

- C V R )

O R D E R

The Court GRANTS the Appellant s ’ M otion t o Re instate which this Court has construed

as a Motion to Re establish the Appellate Timetable

.

Therefore

, the Court ORDERS this appeal to continue, the appellate timetable suspension

is lifted and the Reporter’s Record ( 6 volume s + 6 exhibit volumes ) received on August 15, 2019

and August 19, 2019 ha ve t his day been file d. The C lerk ’ s R ecord is due 30 days from the date of

this order.

IT IS SO ORDERED this 11 th day of September , 201 9

.

PER CURIAM
#### GOVERNMENT OF the VIRGIN ISLANDS, Appellee, v. Wilburn BROOKS, Appellant.

No. 16314.

United States Court of Appeals Third Circuit.

Argued at St. Croix Feb. 2, 1967.

Decided March 17, 1967.

*339Before STALEY, Chief Judge, MARIS, Senior Circuit Judge, and COFFIN,* Circuit Judge.

*

*By*designation.

OPINION OF THE COURT

PER CURIAM.

Appellant was convicted after jury trial on an information charging him with rape in the first degree.1 He now argues that the evidence was insufficient to show the use of force that is an essential element of the crime. Although he moved in effect for a judgment of acquittal, Fed.R.Crim.P. 29, at the close of the government’s evidence, he failed to renew the motion at the close of all the evidence. We have held that in such a case the defendant must be treated as having waived his challenge to the sufficiency of the evidence. United States v. Manos, 3 Cir., 1965, 340 F.2d 534. Nevertheless, whether we confine ourselves to a search for manifest injustice or broaden our scrutiny to weigh the evidence for sufficiency, the result is the same. The jury verdict must stand.

 Viewing the evidence favorably to the government, as we must, the pertinent evidence on force (or fear of bodily harm) was this: A fifteen-year-rold girl was induced after several refusals to take a ride with appellant, an older man. His response to her request to stop the automobile was to accelerate. He drove off the road to a more or less secluded spot. She refused his verbal advances and tried to leave the automobile, but was blocked by his presence. He held both her hands and forced her, or threw her, onto the seat. She made an effort to rise and cried out. From this testimony alone the jury was entitled to find appellant guilty, on either of the statutory grounds set forth above.

Appellant also argues that his conviction was based solely “upon the testimony of the female defiled, unsupported by other evidence”, in contravention of V.I.Code, tit. 14, § 1706. But her testimony concerning the fact of intercourse was supported, not only by the testimony of a doctor who examined her shortly after the incident, but by appellant’s admission. Her testimony as to lack of consent and use of force was supported, *inter alia,*by relatives’ testimony that she was disheveled and distraught upon arriving home, and by testimony that she promptly reported the incident. To require more conclusive corroboration as to force would be merely to ab*340solve the potential rapist clever enough to seek privacy and not to leave marks.

Upon examination of the record, we find no merit in the other arguments raised by appellant.

Affirmed.

1

. V. I. Code, tit. 14, § 1701:

> “Whoever perpetrates an act of sexual intercourse with a female not his wife— * * *

> (2) when her resistance is forcibly overcome;

> (3) when her resistance is prevented by fear of immediate and great bodily harm which she has reasonable cause to believe will be inflicted upon her; * * is guilty of rape in the first degree . * * * *tf*
I: 

. . j 633 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

b AUSTIN 

CSROYLR SLLL&?R* _ 

in-*=* =rNr”A-r 

, 

Honorable Oeo, 8. 

Qmptroller'oi Publio Aaoountr 

Auatln, Tonr 

So far a8 prtixmnt to your inquiry, Artiolr 7118 reads a8 

rollourr 

"If pa&n to OS for the use of husband or rife, 

or uny dlraot 1 %I eni de808&5IIt Of hU8bfNId OS Uif+, Or 

any dir t lin 1 drsoendant of th 

legallye~dopte~ohi14 of ahlldrrn 

l deo o dent, or to 

or l Ry airsot lineal 

dasoendrnt of 8dODted oh114 or oh~l&sn of the deoedeni, 
Honorable Ceo. H. Sheppard, p. 2 

or to the hustmnd of a dauf7:htdr, or the wife of 8 son, 

the tax shall be one (1) per oent on any value in 

8~~888 of Twenty-five Thousand Dollers (&W,OOO) and 

not In l xoeas 0r rirty Thousand Dollars (~so,ocoj. . . ,” 

The un4ereoore4 un4ereoore4 portion portion of this artlole artlole woe added by Aote 

1935, 44th Leg., p. 922, Ch. 366, Sso. 1. The t It18 or this amending sot la, *An *An Aot amendl~q emending Art1018 Art1018 7118. . . by addingPing to the 

018s~ exempted exempted end and taxed under olaee *A* therein, therein, rtopohlldren rtopohlldren or 

the deoedent, deoedent, end their dlraot 4esoen4ante 4esoen4ante and the direot dssoendante dssoendante 

or adopted adopted ohildren. ohildren. . . .I) (Zmphesie (Zmphesie oura). 

The emergenay 01ausS of thin Smendment reOIte8r 

“The raot that the exez@tlon end reduaed rate 

oi taxation as to rtepohIldrsn and the direot lineal 

dbsoendantr ot edopted and etepohildren was omitted 

iron the original Aot, and that suah condition Is an 

injuetloe toward atepohil4ren and their deaaendante, 

. have oauaed great oonfuaion and InJustIoe in 

&nlsterIn~ the Inheritanoe tax of thI8 atate, 

and oreste an emerfymoy. . . .* 

The wife of a Stepson is not a direot lineal dseoendant or 

a stepson, nor le she inoluded within any of the other groups enumerated 

in the statute, and the title of the amending aot of 1936 and 4ba 

emergenay olauas thereof show olsarly that the lsgIeleture did not 

Intend to inolude her. The words “discrot desoendqnts* and “lInaa1 

4escen4antsR hare olearlp derlned meanings in law. See Vol. 12, ‘Norde 

& Phrases, p. 467: Vol. 26, Worda & Phrases p. 319, The Legislature 

oann& be preeumed to have meant othsrwlse in using these terma, 

Art1018 7122, Y. A. C. S., provideel 

*If parsing to or for the use or the United 

states. . . , bs to any other per80n~. . , not Ineluded In any of the olaeeee mentioned In the preoeding portion8 of the orl&nal Aot. . . the tax 

shall be1 5$ on any valu8 In exaese oi $600 and 

not exoeeding @O,OOO, 6$ on any value ir exceae 

of $lo,GoO and not exoeeding $26,OCO . . . an 

It Is our opinion that the beneflofary In question 1s suoh 

other pereon rersrred to In Artlole 7122 and #r aubjeot to the pro- 
:, 641 

Honorable 080. 8, Sheppard, Q. 3 

vi8 lons thereof. 

Trusting that we have fully answered your lnqdry, we are 

c 

Yours vary truly 

ATTORNEY CENEIUL OB TBXAS 

Arthur i. Holler 

Aesfetent 

ALMtbb
#### § 37.53 What are a Governor's oversight responsibilities regarding recipients' recordkeeping?

The Governor must ensure that recipients collect and maintain records in a manner consistent with the provisions of § 37.37 and any procedures prescribed by the Director under § 37.37(b). The Governor must further ensure that recipients are able to provide data and reports in the manner prescribed by the Director.
#### § 402.6 Receipt of reports and documents.

Upon receipt of all reports and documents submitted for filing under the provisions of this part, the Office of Labor-Management Standards shall assign to the initial information report filed by each labor organization, an identifying number. This number thereafter shall be entered by the reporting labor organization on all subsequent or terminal reports and all other documents which it thereafter submits for filing under this part, as well as on all communications directed to the Office concerning such reports and documents.
<PAGE>                                                Exhibit 4(d)


Instruction No. 1


                     Kentucky Power Company
              Unsecured Medium Term Notes, Series A


                          Instructions


To:  Bankers Trust Company, as Trustee


Trade or sale date:  9/26/97


Principal Amount:  $48,000,000


Maturity Date:  10/1/07


Interest Rate:  6.91%


Redemption Provisions:

     Redeemable:  Yes___   No X 
                  In Whole:  Yes___   No___
                  In Part:  Yes___   No___
                  Initial Redemption Date:  ______________________
                  Redemption Limitation Date: ____________________
                  Initial Redemption Price:  ______%
                  Reduction Percentage:  _______%

Original Issue Date:  10/1/97

Public Offering Price:  100%

Presenting Agent's Commission:  0.625%


Net Proceeds to Company:  99.375%


CUSIP No.:  49138 Q AA2


Account number of participant account maintained by
DTC on behalf of Presenting Agent:

     Merrill Lynch       #5132
     Morgan Stanley      #050


Account number of participant account maintained by
DTC on behalf of Trustee:


Each Presenting Agent's name and
proportionate amount of Global Note:

     Merrill Lynch       57.3%
     Morgan Stanley      42.7%

Name in which the Note is to be registered (Registered Owner):

          Cede & Co.

Address and taxpayer identification number of Registered Owner and
address for payment:

          The Depository Trust Company
          55 Water Street
          New York, NY  10041
          #13-2555119


Discount Security:  Yes___   No X 

     Yield to Maturity:  7.00%

     Initial Accrual Period:  10/01/97 - 03/31/98

Account of Company into which net proceeds
are to be deposited:  Citibank ABA #021-000-089, Account #4057-2089

Any Other Book-Entry Note represented by
Global Security (to the extent known):


                                   KENTUCKY POWER COMPANY


                                   By:_/s/ A. A. Pena_____________
                                      (President, Vice President,
                                             or Treasurer)
(79 South. 879)

#### STATE ex rel. KERNACHAN v. ROBERTS.

(8 Div. 593.)

(Court of Appeals of Alabama,

May 28, 1918.)

Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge.

A. A. Williams, of Plorence, for appellant. Mitchell & Hughston, of Plorence, for appellee.

SAMPORD, J.

Appeal dismissed, on the authority of State ex rel. Price v. Callaway, ante, p. 472, 79 South. 146.
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.

§ 1926.854 Removal of walls, masonry sections, and chimneys. ( a ) Masonry walls, or other sections of masonry, shall not be permitted to fall upon the floors of the building in such masses as to exceed the safe carrying capacities of the floors.
( b ) No wall section, which is more than one story in height, shall be permitted to stand alone without lateral bracing, unless such wall was originally designed and constructed to stand without such lateral support, and is in a condition safe enough to be self-supporting. All walls shall be left in a stable condition at the end of each shift.
( c ) Employees shall not be permitted to work on the top of a wall when weather conditions constitute a hazard.
( d ) Structural or load-supporting members on any floor shall not be cut or removed until all stories above such a floor have been demolished and removed. This provision shall not prohibit the cutting of floor beams for the disposal of materials or for the installation of equipment, provided that the requirements of §§ 1926.853 and 1926.855 are met.
( e ) Floor openings within 10 feet of any wall being demolished shall be planked solid, except when employees are kept out of the area below.
( f ) In buildings of “skeleton-steel” construction, the steel framing may be left in place during the demolition of masonry. Where this is done, all steel beams, girders, and similar structural supports shall be cleared of all loose material as the masonry demolition progresses downward.
( g ) Walkways or ladders shall be provided to enable employees to safely reach or leave any scaffold or wall.
( h ) Walls, which serve as retaining walls to support earth or adjoining structures, shall not be demolished until such earth has been properly braced or adjoining structures have been properly underpinned.
( i ) Walls, which are to serve as retaining walls against which debris will be piled, shall not be so used unless capable of safely supporting the imposed load.