alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE : This disposition is nonprecedential.



# United States **Court of Appeals**  **for the Federal Circuit**

______________________

COPAN ITALIA SPA, COPAN INDUSTRIES, INC., Appellants

v.

INTERNATIONAL TRADE COMMISSION, Appellee

NEST SCIENTFIC INC., NEST SCIENTFIC USA, JIANGSU CHANGFENG MEDICAL INDUSTRY CO., LTD., BIOTEKE CORPORATION (WUXI) CO., LTD., MIRACLEAN TECHNOLOGY CO., LTD., WUXI NEST BIOTECHNOLOGY CO., LTD.,

Intervenors

______________________

2023

- 1668

______________________

Appeal from the United States International Trade Commission in Investigation No. 337

- TA

- 1279.

______________________

JUDGMENT

______________________

J AMES M. W ODARSKI

, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA, argued for appellants. Also represented by P ETER C UOMO

, M ICHAEL N EWMAN

, D ANIEL B. W EINGER

. Case: 23-1668 Document: 74 Page: 1 Filed: 12/07/2023C ATHY C HEN

, Office of the General Counsel, United States International Trade Commission, Washington, DC, argued for appellee. Also represented by D OMINIC L.

B IANCHI

, W AYNE W. H ERRINGTON

, B ENJAMIN S. R ICHARDS

, S IDNEY A. R OSENZWEIG

.

B RIAN R. N ESTER

, Covington & Burling LLP, Washington, DC, argued for intervenors.

______________________

THIS CAUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (M OORE

, Chief Judge

, D YK and S TOLL

, Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

December 7, 2023

Date Case: 23-1668 Document: 74 Page: 2 Filed: 12/07/2023
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.201 Sutter Slough.

The draw of the Sacramento County highway bridge, mile 6.4 near Courtland, need not be opened for the passage of vessels. However, the draw shall be returned to operable condition within six months after notification by the District Commander to do so.
Merrimack

No. 6838

#### Connecticut Valley Construction Co., Inc. v. State of New Hampshire

May 30, 1975

Connecticut Valley Construction Co., Inc., filed no brief.

*Warren B. Rudrnan,*attorney general, and *Michael P. Bentley,*assistant attorney general, by brief, for the defendant.

Memorandum Opinion

After the case was docketed in this court, and pursuant to rules 6 and 7 of (he court (RSA 490:App. Rules 6, 7 (Supp. 1973)), four different time limits were set for the filing of a brief in behalf of plaintiff, and an even greater number of continuances of oral argument were allowed. No brief was filed within those time limits. On February 28, 1975, the clerk notified plaintiff that the case would be submitted to the court on March 25, 1975, on the State’s brief and without oral argument, and that plaintiff could file a brief before March 25, 1975. No brief and no communication from or on behalf of plaintiff was received.

On the basis of the history of the case in this court, and following an examination of the record, including the transcript and the master’s report, we think the rationale and the holding in *McNamara v. MacCormac,*113 N.H. 540, 309 A.2d 916 (1973), is controlling. For plaintiff’s failure to file a brief in compliance with RSA 490:13. (Supp. 1973), the order in this case is

*Plaintiff’s exceptions overruled; judgment on the verdict.*
[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Page 51402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21079]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Manufacturer of Controlled Substances; Notice of Registration

    By Notice dated April 28, 2011, and published in the Federal 
Register on May 4, 2011, 76 FR 25376, Johnson Matthey Pharma Services, 
70 Flagship Drive, North Andover, Massachusetts 01845, made application 
by renewal to the Drug Enforcement Administration (DEA) to be 
registered as a bulk manufacturer of the following basic classes of 
controlled substances:

------------------------------------------------------------------------
                    Drug                               Schedule
------------------------------------------------------------------------
Amphetamine (1100).........................  II
Methylphenidate (1724).....................  II
Hydrocodone (9193).........................  II
------------------------------------------------------------------------

    The company plans to utilize this facility to manufacture small 
quantities of the listed controlled substances in bulk and to conduct 
analytical testing in support of the company's primary manufacturing 
facility in West Deptford, New Jersey. The controlled substances 
manufactured in bulk at this facility will be distributed to the 
company's customers.
    No comments or objections have been received. DEA has considered 
the factors in 21 U.S.C. 823(a) and determined that the registration of 
Johnson Matthey Pharma Services to manufacture the listed basic classes 
of controlled substances is consistent with the public interest at this 
time. DEA has investigated Johnson Matthey Pharma Services to ensure 
that the company's registration is consistent with the public interest. 
The investigation has included inspection and testing of the company's 
physical security systems, verification of the company's compliance 
with state and local laws, and a review of the company's background and 
history. Therefore, pursuant to 21 U.S.C. 823(a), and in accordance 
with 21 CFR 1301.33, the above named company is granted registration as 
a bulk manufacturer of the basic classes of controlled substances 
listed.

    Dated: August 10, 2011.
 Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 2011-21079 Filed 8-17-11; 8:45 am]
BILLING CODE 4410-09-P
**Exhibit 12.1**

Computationof Ratio of Earnings to Fixed Charges

(dollars inthousands)

 
| ** **                          | ** ** | **Three Months Ended  March 31,** | ** ** | **Year Ended December 31,** | ** ** |
|-------------------------------------|------------|--------------------------------------------------|------------|--------------------------------------------|------------|
| ** **                          | ** ** | **2007**                                         | ** ** | **2006**                                   | ** ** | **2006** | ** ** | **2005** | ** ** | **2004** | ** ** | **2003** | ** ** | **2002** | ** ** |
| Earnings:                           |       |                                             |       |                                       |       |   |   |   |   |   |   |   |   |   |   |
| Net income                          |       | $                                                | 17,522     |                                       | $          | 10,460 |   | $ | 66,101 |   | $ | 63,912 |   | $ | 56,742 |   | $ | 45,874 |   | $ | 50,184 |   |
| Fixed charges                       |       | 9,893                                            |       | 11,371                                     |       | 47,020 |   | 46,633 |   | 41,836 |   | 37,899 |   | 30,210 |   |
| Adjusted earnings                   |       | $                                                | 27,415     |                                       | $          | 21,831 |   | $ | 113,121 |   | $ | 110,545 |   | $ | 98,578 |   | $ | 83,773 |   | $ | 80,394 |   |
|                                |       |                                             |       |                                       |       |   |   |   |   |   |   |   |   |   |   |
| Fixed charges:                      |       |                                             |       |                                       |       |   |   |   |   |   |   |   |   |   |   |
| Interest expense                    |       | $                                                | 9,893      |                                       | $          | 11,371 |   | $ | 47,020 |   | $ | 46,633 |   | $ | 41,836 |   | $ | 37,899 |   | $ | 30,210 |   |
| Ratio of earnings to fixed  charges |       | 2.8                                              | x          | 1.9                                        | x          | 2.4 | x | 2.4 | x | 2.4 | x | 2.2 | x | 2.7 | x |

 

----
#### § 531.51 Conditions for taking tip credits in making wage payments.

The wage credit permitted on account of tips under section 3(m)(2)(A) may be taken only with respect to wage payments made under the Act to those employees whose occupations in the workweeks for which such payments are made are those of “tipped employees” as defined in section 3(t). Under section 3(t), the occupation of the employee must be one “in which he customarily and regularly receives more than $30 a month in tips.” To determine whether a tip credit may be taken in paying wages to a particular employee it is necessary to know what payments constitute “tips,” whether the employee receives “more than $30 a month” in such payments in the occupation in which he is engaged, and whether in such occupation he receives these payments in such amount “customarily and regularly.” The principles applicable to a resolution of these questions are discussed in the following sections.

[32 FR 13575, Sept. 28, 1967, as amended at 76 FR 18855, Apr. 5, 2011; 85 FR 86789, Dec. 30, 2020]
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

May 23, 2007 Clifford W. Taylor,

 Chief Justice 

133429 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly NATIONAL PRIDE AT WORK, INC., BECKY Maura D. Corrigan ALLEN, DORTHEA AGNOSTOPOULOS, Robert P. Young, Jr. ADNAN AYOUB, MEGHAN BELLANGER, Stephen J. Markman, JUDITH BLOCK, MARY M. BRISBOIS, WADE Justices 

CARLSON, COURTNEY D. CHAPIN, MICHAEL 

CHAPMAN, MICHELLE CORWIN, LORI

CURRY, JOSEPH DARBY, SCOTT DENNIS, JIM

ETZKORN, JILL FULLER, SUSAN HALSEYCERAGH, PETER HAMMER, DEBRA HARRAH, 

TY HIITHER, JOLINDA JACH, TERRY

KORRECK, CRAIG KUKUK, GARY LINDSAY, 

KEVIN McMANN, A.T. MILLER, KITTY

O’NEIL, DENNIS PATRICK, TOM PATRICK, 

GREGG PIZZI, KATHLEEN POELKER, 

JEROME POST, BARBARA RAMBER, PAUL

RENWICK, DAHLIA SCHWARTZ, 

ALEXANDRA STERN, GWEN STOKES, KEN

CYBERSKI, JOANNE BEEMON, CAROL 

BORGESON, MICHAEL FALK, and MATT 

SCOTT, 

Plaintiffs-Appellees, 

v SC: 133429 

 COA: 265870 

GOVERNOR OF MICHIGAN, Ingham CC: 05-000368-CZ

 Defendant-Appellant, 

and 

CITY OF KALAMAZOO,

Defendant-Appellee, 

and 

ATTORNEY GENERAL,

 Intervening Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the February 1, 2007 

judgment of the Court of Appeals is considered, and it is GRANTED. 

Persons or groups interested in the determination of the issue presented in this case 

may move the Court for permission to file briefs amicus curiae. 

t0516 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

May 23, 2007 

 Clerk
Sanitized Version

of the Polymer Structure
#### § 106.125 Waivers.

Any OCS facility owner or operator may apply for a waiver of any requirement of this part that the OCS facility owner or operator considers unnecessary in light of the nature or operating conditions of the OCS facility. A request for a waiver must be submitted in writing with justification to the cognizant District Commander. The cognizant District Commander may require the OCS facility owner or operator to provide additional data for use in determining the validity of the requested waiver. The cognizant District Commander may grant a waiver, in writing, with or without conditions only if the waiver will not reduce the overall security of the OCS facility, its personnel, or visiting vessels.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2007 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 134510 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 134510 COA: 274275 Mason CC: 97-013250-FC JASON CARL WALLAGER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the May 3, 2007 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing en titlement to relief under MCR 6.508(D).

d1119 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2007

Clerk
[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Notices]
[Pages 35650-35651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13891]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 99D-0529]


Agency Information Collection Activities; Announcement of OMB 
Approval; Changes to an Approved NDA or ANDA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

[[Page 35651]]

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Changes to an Approved NDA or 
ANDA'' has been approved by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Karen L. Nelson, Office of Information 
Resources Management (HFA-250), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-827-1482.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 6, 2000 
(65 FR 779), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0431. 
The approval expires on February 28, 2001. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.fda.gov/ohrms/dockets.

    Dated: May 26, 2000.
William K. Hubbard,
Senior Associate Commissioner for Policy, Planning, and Legislation.
[FR Doc. 00-13891 Filed 6-2-00; 8:45 am]
BILLING CODE 4160-01-F
#### § 780.408 Facilities of system at least 90 percent of which was used for agricultural purposes.

Section 13(b)(12) requires for exemption of irrigation work that the ditches, canals, reservoirs, or waterways in connection with which the employee's work is done be “used exclusively for supply and storing of water at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year.” If a water supplier supplies water of which more than 10 percent is used for purposes other than “agricultural purposes” during the preceding calendar year, the exemption would not apply. For example, the exemption would not apply where more than 10 percent of the water supplier's water is delivered to a municipality to be used for general, domestic, and commercial purposes. Water used for watering livestock raised by a farmer is “for agricultural purposes.”

[76 FR 18859, Apr. 5, 2011]
### Product **Proposed Rule Transition Date**  **Final Rule Transition Date***

HFC-125 January 2016 January 2016 HFC-227ea and blends January 2016 1 year from date of publication
HFC-134a January 2016 1 year from date of publication/ January 1, 2018

HFC-134a in New Light-Duty System s MY 2021 MY 2021 ** HCFC & HFC Containing Blends in New Light-Duty System s MY 2017 MY 2017

Retrofitted Supermarket Systems January 2016 1 year from date of publication New Superm arket Systems January 2016 January 2017 Retrofitted Remote Condensing Units January 2016 1 year from date of publication New Remote Condensing Units January 2016 January 2018 Retrofitted Vending Machines January 2016 January 2016 New Vending Machines January 2016 January 2019 Retrofitted Stand-Alone Retail Food Refrig. Equipment January 2016 January 2016 New Stand-Alone Sm all Medium -Temperature Units, Large Medium Tem perature Units, and Low-Tem perature Units January 2016 January

2019 / January

2020

Rigid Polyurethane Appliance Foam January 2017 January 2020 Rigid Polyurethane Com

me rcial Refrigeration and Sandwich Panels January 2017 January 2020 Rigid Polyurethane Slabstock and Other January 2017 January 2019 Rigid Polyurethane and Polyisocyanurate Laminated Boardstock January 2017 January 2017 Flexible Polyurethane January 2017 January 2017 Integral Skin Polyurethane January 2017 January 2017 Polystyrene Extruded Sheet January 2017 January 2017 Polystyrene Extruded Boardstock and Billet (XPS) January 2017 January 2021 Polyolefin January 2017 January 2020 Phenolic Insulation Board and Bunstock January 2017 January 2017 Polyurethane Marine Flotation Foam January 2017 January 2020 Rigid Polyurethane Spray Foam January 2017 No status change finalized Applicability of Status Change to Closed Cell Foam s Not finalized

* Refer to Final Rule for Specific end-uses and dates ****n arrowed use limits apply until January

1, 2022 for military

and space uses 

### Foams  

## SNAP RULE - EO_12866 SNAP Status Change 2060-AS18 FRM 20150327

** Based on Passback Submitted to OMB June 15, 2015**

**Aerosols 

**  certain technical and medical uses remain acceptable 

### Refrigeration and Air Conditioning -- Motor Vehicle Air Conditioning

*** narrowed use exception for export to countries without servicing infrastructure through MY 2025 

### Refrigeration and Air Conditioning -- Retail Food Refrigeration and Vending Machines
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7618

NORMAN CUNYON, JR., Petitioner - Appellant, versus ATTORNEY GENERAL OF NORTH CAROLINA; CHARLES E. HILL, Respondents - Appellees.Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., District Judge. (CA-97-654-2) Submitted: March 11, 1999 Decided: March 16, 1999 Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Norman Cunyon, Jr., Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Norman Cunyon, Jr., seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). This petition was properly construed as arising under 28 U.S.C.A. § 2254 by the district court. See Preiser v. Rodriguez , 411 U.S. 475, 497 (1973) (challenge of the withdrawal of good time credits falls squarely within the scope of 28 U.S.C. § 2254). Cunyon previously filed a 28 U.S.C. § 2254 petition in 1990 which was denied. See Cunyon v. Allsbrook , No. C90-23-G (M.D.N.C. May 31, 1991). Thus, the present petition issuccessive, relates to facts known at the time of the prior petition, and Cunyon failed to receive authorization from the Court to file this successive petition, nor would it be one authorized under 28 U.S.C.A. § 2244 (West 1994 & Supp. 1998). Moreover, Cunyon hasfailed to establish either prong of 28 U.S.C. § 2254(d). Accordingly, we deny a certificate of appealability and dismiss the appeal on this basis. We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 1157

_____________________________
M ICHAEL A LEXANDER , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. William L. Gary , Judge

. September 26, 2018

P ER C URIAM

.
A FFIRMED

.
R OBERTS , W ETHERELL , and O STERHAUS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee
, for Appellant.

Pamela Jo Bondi, Attorney Gene ral, and Holly N. Simcox, Assistant Attorney General, Tallahassee, for Appellee.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

      ( print page 35145)    
In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name and Committee Code:*                         Special Emphasis Panel in Polar Programs (1209).                    

*Date and Time:*                         June 27-29, 2000; 8:30 am-5 pm.                    

*Place:*                         National Science Foundation, 4201 Wilson Blvd., Room 330, Arlington, VA.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Polly A. Penhale, Program Manager, Antarctic Biology and Medicine, Office of Polar Programs. Rm. 755 S, 4201 Wilson Boulevard, Arlington, VA 22230. Telephone: (703) 306-1033.                    

*Minutes:*                         May be obtained from the contact person listed above.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate proposals submitted to Life in Extreme Environments (LExEN) NSF-00-37 as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

Dated: May 26, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00-13681  Filed 5-31-00; 8:45 am]

BILLING CODE 7555-01-M