alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 09-3239

___________

Douglas Voss; Elizabeth Voss; *

Arthur Voss; E. Berniece Voss, *

* Appeal from the United States

Appellants, * District Court for the

* District of Minnesota.

v. *

* [UNPUBLISHED]

Saint Martin Cooperative, et al., *

*

Appellees. *

___________

Submitted: May 6, 2010

Filed: May 25, 2010

___________

Before LOKEN, BYE, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

The Voss family, organic dairy farmers in rural Minnesota, commenced this

damage action alleging that defendants’ unlawful application of chemical pesticides

on a neighboring farm caused the chemicals to drift and to damage the Vosses and

their property. Liberally construed, the pro se complaint alleged a federal cause of

action for a labeling violation of the Federal Insecticide, Fungicide, and Rodenticide

Act (FIFRA), 7 U.S.C. § 136 et seq., and a state law cause of action for violation of

Minn. Stat. § 18B.07, subd. 2. The district court dismissed the entire complaint

without prejudice for lack of subject matter jurisdiction because “it is well-settled that

FIFRA does not provide for a private right of action.” 
-2-

We agree that FIFRA does not provide a private right of action to farmers and

others injured as a result of a manufacturer’s violation of FIFRA’s labeling

requirements. See Bates v. Dow Agrosciences, LLC, 544 U.S. 431, 448 (2005); No

Spray Coalition, Inc. v. City of New York, 351 F.3d 602, 605 (2nd Cir. 2003);

Cottrell, Ltd. v. Biotrol Intern., Inc., 191 F.3d 1248, 1255 (10th Cir. 1999) (FIFRA is

exclusively enforced by EPA); Almond High School v. U.S. Dept. of Agriculture, 768

F.2d 1030, 1035 (9th Cir. 1985). However, the Vosses expressly pleaded a cause of

action arising under this federal statute. Therefore, the district court erred in

concluding it lacked subject matter jurisdiction. In these circumstances, the

appropriate disposition is to dismiss the federal claim for failure to state a claim upon

which relief may be granted, see Fed. R. Civ. P. 12(b)(6), and to decline to exercise

supplemental jurisdiction over the pendent state law claim, see 28 U.S.C. § 1367(c).

Accordingly, the district court is directed to enter an amended judgment

providing that the federal claim for violation of FIFRA is dismissed with prejudice

and the balance of the complaint is dismissed without prejudice. As so modified, the

judgment of the district court is affirmed. See 8th Cir. R. 47B.

______________________________
Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

§ 1.1317 The Final Environmental Impact Statement (FEIS). ( a ) After receipt of comments and reply comments, the Bureau will prepare a FEIS, which shall include a summary of the comments, and a response to the comments, and an analysis of the proposal in terms of its environmental consequences, and any reasonable alternatives, and recommendations, if any, and shall cite the Commission's internal appeal procedures (*See* 47 CFR 1.101-1.117).
( b ) The FEIS and any supplements will be distributed and published in the same manner as specified in § 1.1315. Copies of the comments and reply comments, or summaries thereof where the record is voluminous, shall be attached to the FEIS.
[51 FR 15000, Apr. 22, 1986, as amended at 76 FR 70909, Nov. 16, 2011]
---

---

Exhibit
13

Certificationof Chief Executive Officer and Chief Financial Officer
pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

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 Annual Report
of Lumenis Ltd. (the Company) on Form 20-F for the year ended
December 31, 2008, as filed with the Securities and Exchange Commission on the date
hereof (the Report), the undersigned hereby certify pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 that to the best of our knowledge:

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

|2 | The
information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
|- | ----------------------------------------------------------------------------------------------------------------------------------------------------

| |  | /s/ Dov Ofer
Dov OferChief Executive Officer
| |  | ----------------------------------------------------------

| |  | /s/ Aviram Steinhart
 Aviram SteinhartSenior Vice President andChief Financial Officer
| |  | ----------------------------------------------------------------------------------------------------

Date: June 30, 2009

A signed copy of this written
statement required by Section 906 has been provided to Lumenis Ltd. and will be retained
by to Lumenis Ltd. and furnished to the Securities and Exchange Commission or its staff
upon request.

* The foregoing certification is
being furnished as an exhibit pursuant to the rules of Form 20-F and Section 906
of the Sarbanes-Oxley Act of 2002 and, accordingly, is not being filed with the Securities
and Exchange Commission as part of the Form 20-F and is not to be incorporated by
reference into any filing of the Company under the Securities Act of 1933 or the
Securities Exchange Act of 1934 (whether made before or after the date of the
Form 20-F, irrespective of any general incorporation language contained in such
filing).
#### § 22.703 Separate rural subscriber station authorization not required.

A separate authorization is not required for rural subscriber stations for which the effective radiated power does not exceed 60 Watts and for which FAA notification of construction or alteration of the antenna structure is not required (see criteria in § 17.7 of this chapter). Authority to operate such rural subscriber stations is conferred by the authorization of the central office or base station from which they receive service.
EXHIBIT 32.1

               CERTIFICATION PURSUANT TO 10 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 Form 10-QSB of Environmental
Solutions Worldwide, Inc. (the "Company") for the quarterly period June 30, 2007
(the "Report"), David J. Johnson, Chief Executive Officer, and President of the
Company, hereby certify, pursuant to 18 U. S. C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) To my knowledge, the Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) To my knowledge, the information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.

                                 DATE: AUGUST 10, 2007


                                 /S/ DAVID J. JOHNSON
                                 --------------------
                                 DAVID J. JOHNSON
                                 CHIEF EXECUTIVE OFFICER AND PRESIDENT


A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Environmental Solutions Worldwide,
Inc. and will be retained by Environmental Solutions Worldwide, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
###### Editorial Note on Part 1

#### Editorial Note:

Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

#### § 1.1108 [Reserved]
#### § 302-11.8 Must I sell a residence at the old official station to be eligible to purchase a residence at the new official station?

No, you do not have to sell the residence at your old official station to be eligible for residence purchase transactions at your new official station.
No. 11-8253.

#### Furda *v.*Maryland.

Ct. App. Md. Certiorari denied.
**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 Team Health Holdings, Inc. (the “Company”) on Form 10-Q (“Form 10-Q”)for the period ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof, I, David P. Jones, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Form 10-Q fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

(2) The informationcontained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Date: May 11, 2010
#### § 302-9.2 What is an “official station” for purposes of this part?

An “official station” is defined in part 300-3 of this title. For purposes of this part, an “official station” may be within or outside the continental United States (OCONUS).
No. 11-5245.

#### Gonzalez *v.*United States.

C. A. 7th Cir. Certiorari denied.
# Comments on: 19-2263: BRAEMAR MANUFACTURING, LLC v. THE SCOTTCARE CORPORATION [OPINION], Nonprecedential
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4504 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4504

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 14 (legislative day, July 11), 1994

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
  To amend the Atlantic Striped Bass Conservation Act, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``The Striped Bass Act of 1994''.

   TITLE I--AMENDMENTS TO THE ATLANTIC STRIPED BASS CONSERVATION ACT

SECTION 101. ATLANTIC STRIPED BASS CONSERVATION ACT AMENDMENTS.

    Section 7(a) of the Atlantic Striped Bass Conservation Act is 
amended by striking ``1986'' and all that follows through ``1994'', and 
inserting in its place ``1995 and 1996''.

SEC. 102. PUBLIC PARTICIPATION IN PREPARATION OF PLANS AND AMENDMENTS 
              TO PLANS FOR ATLANTIC STRIPED BASS.

    Section 10 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 
1851 note) is amended to read as follows:

``SEC. 10. PUBLIC PARTICIPATION IN PREPARATION OF PLANS AND AMENDMENTS 
              TO PLANS FOR ATLANTIC STRIPED BASS.

    ``Within 6 months after the date of the enactment of the Striped 
Bass Act of 1994, the Commission shall establish standards and 
procedures to ensure that the Commission provides an adequate 
opportunity for public participation in the preparation of any plan for 
the management of Atlantic striped bass and any amendment to a plan 
(including any amendment to the Interstate Fisheries Management Plan 
for Striped Bass, dated October 1, 1981), including public hearings and 
procedures for the submission of written comments to the Commission.''.

      TITLE II--AMENDMENTS TO THE ANADROMOUS FISH CONSERVATION ACT

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Section 7(d) of the Anadromous Fish Conservation Act (16 U.S.C. 
757g(d)) is amended by striking ``1991, 1992, 1993, and 1994.'' and 
inserting ``1994, 1995, 1996, and 1997.''.

            Passed the House of Representatives July 12, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```
(555) 

II. COMMITTEE ACTIONS AND FILINGS OF 

THE PARTIES PRIOR TO THE AUGUST 4, 

2010 HEARING ON PRE-TRIAL MOTIONS 

c. Attorney Disqualification 
556 
557 
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Exhibit
      32(b)








This
      Certification is being furnished and shall not be deemed “filed” for purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise
      subject to the liability of that section.  This Certification shall
      not be incorporated by reference into any registration statement or other
      document pursuant to the Securities Act of 1933, except as otherwise stated
      in
      such filing.








Certification
      Pursuant to Section 1350 of Chapter 63


of
      Title
      18 of the United States Code








In
      connection with the Quarterly Report of the Companies (as defined below) on
      Form
      10-Q (the “Reports”) for the quarterly period ended September 30, 2007 as filed
      with the Securities and Exchange Commission on the date hereof, I, Holly Keller
      Koeppel, the chief financial officer of





Appalachian
      Power Company





(the
      “Companies”), certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002 that, based on my knowledge (i)
      the Reports fully comply with the requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934 and (ii) the information contained in the
      Reports fairly presents, in all material respects, the financial condition
      and
      results of operations of the Companies.








/s/
      Holly Keller Koeppel___


Holly
      Keller Koeppel


Chief
      Financial Officer








November
      2, 2007








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      American Electric Power Company, Inc. and will be retained by American Electric
      Power Company, Inc. and furnished to the Securities and Exchange Commission
      or
      its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-1999
<PERIOD-START>                             JUL-01-2000             JUL-01-1999
<PERIOD-END>                               SEP-30-2000             SEP-30-1999
<CASH>                                      24,092,641                       0
<SECURITIES>                                44,137,421                       0
<RECEIVABLES>                               15,723,695                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                            88,428,615                       0
<PP&E>                                      11,393,784                       0
<DEPRECIATION>                             (2,070,034)                       0
<TOTAL-ASSETS>                             235,690,488                       0
<CURRENT-LIABILITIES>                       19,367,089                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        29,049                       0
<OTHER-SE>                                 214,394,781                       0
<TOTAL-LIABILITY-AND-EQUITY>               235,690,488                       0
<SALES>                                     19,690,578                 358,527
<TOTAL-REVENUES>                            19,690,578                 358,527
<CGS>                                       18,720,876                 337,028
<TOTAL-COSTS>                               28,484,790               7,939,426
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                         (1,717,191)               (452,825)
<INCOME-PRETAX>                           (25,797,897)             (7,465,102)
<INCOME-TAX>                                         0                  54,696
<INCOME-CONTINUING>                       (25,797,897)             (7,410,406)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                              (25,797,897)             (7,410,406)
<EPS-BASIC>                                     (0.89)                  (2.04)
<EPS-DILUTED>                                   (0.89)                  (2.04)


</TABLE>
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-701 

________________________________________________________________________ 

JUDICIAL ASSISTANCE 

Passenger Name Record 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the EUROPEAN UNION 

Signed at Brussels December 14, 2011 

with 

Annex 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
EUROPEAN UNION 

Judicial Assistance: Passenger Name Record 

 Agreement signed at Brussels December 14, 2011; 

 Entered into force July 1, 2012. 

 With annex. 

































NOTE: Only the English text will be printed in this publication.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Statement of Financial Condition at March 31, 2000 (Unaudited)
and the Consolidated Statement of Income for the three months ended March
31, 2000 (Unaudited) and is qualified in its entirety by reference to such
financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         476,249
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               483,415
<PP&E>                                          25,372
<DEPRECIATION>                                   1,268
<TOTAL-ASSETS>                                 509,846
<CURRENT-LIABILITIES>                          167,399
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,881,967
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   509,846
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               532,038
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (532,038)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (532,038)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (532,038)
<EPS-BASIC>                                     (0.02)
<EPS-DILUTED>                                   (0.02)


</TABLE>
#### § 24.253 Termination of cost-sharing obligations.

The cost-sharing plan will sunset for all PCS entities on April 4, 2005, which is ten years after the date that voluntary negotiations commenced for A and B block PCS entities. Those PCS entities that are paying their portion of relocation costs on an installment basis must continue the payments until the obligation is satisfied.

[61 FR 29693, June 12, 1996]