alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the court has determine d that

this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-20862

Summary Calendar

SOLAR TURBINES INTERNATIONAL; SOLAR TURBINES INCORPORATED, Plaintiff-Appellant,

versus

M/V HOOGEN, ET AL, Defendant,

SHIP-SIDE CRATING COMPANY, Defendant-Appellee,

POWELL ELECTRICAL MANUFACTURING COMPANY, Defendant-Appellee.

Appeal from the United States District Court For the Southern District of Texas

(H-94-CV-1214)

August 28, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Solar Turbines International appeals denial of leave to file

a third-amended complaint. Shipside Crating Co. and Powell2

Electrical Manufacturing Company argue that 28 U.S.C. § 1292(a)(3)
does not give us jurisdiction to hear this appeal. We agree.

In March 1993, Solar shipped a Power Control Room from

Houston, Texas to Cork, Ireland aboard the M/V Hoogen. During the

voyage, the PCR broke loose from its la shings and moved about in

stow. The beating severely damaged the PCR. Powell designed and

manufactured the PCR. Shipside dismantled and prepared the PCR for

ocean carriage.
On April 11, 1994, Solar filed suit for $1.9 million against

the M/V Hoogen, Groden Schiffahrts G.m.b.H. & Co. Betriebs

- KG,

Gulf Global Navigation, L td., Transoceanic Shipping Co., Inc.,

Ocean P rojects, Inc., Brown & Root, Inc., Shipside, Powell

Industries, Inc., and Powell Industries Offshore. In its firstamended complaint, Solar added Powell as a defendant. In its

second-amended complaint, it dropped defendants Powell Industries,

Inc. and Powell Industries Offshore.

On February 2 , 1995, the district court denied without

preju dice Solar's motion for leave to file a third-amended

complaint. On September 30, 1995, the lower court granted
Shipside's mo tion to dismiss and Powell's motion for summary

judgment. On October 10, 1995, the district court denied Solar's

first-amended motion for leave to file a third-amended complaint.

Solar appeals that interlocutory order.

Denial of leave to amend a complaint is not an appealable
interlocutory order under 28 U.S.C. § 1292(a)(3 ) because it does3

not deter mine a litigant's rights or liabilities. E .g. , Balboa
Shipping Co. v. Standard Fruit & Steamship Co. , 181 F.2d 109, 110

(2d Cir. 1950). The Second Circuit in A .H. Bull Steamship Company

v. United States , 235 F.2d 1 (2d Cir. 1956), carved out a narrow

e xception to this rule where the denial of leave to amend a

complaint effectively terminates the litigation. Here, the denial

of leave to amend does not terminate the litigation. Claims

against the M/V Hoogen and others are still pending in the lower

court. This appeal is premature.

Accordingly, we DISMISS Solar's appeal.
Electronically FiledIntermediate Court of Appeals2960316-NOV-201010:52 AM
----

----

**EXHIBIT        32.1**

**CERTIFICATION        PURSUANT TO**

**SECTION 906        OF THE SARBANES-OXLEY ACT OF 2002**

| (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 results of operations of                  the                  Company. |
|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| April                  30, 2006 | /s/                  Richard R                  Ivanovick                           |
|---------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                            | Richard                  R. Ivanovick                                                                                                                                                                                 |
|                            | Chief                  Financial Officer                                                                                                                                                                              |

----
§ 1236.20 What are appropriate recordkeeping systems for electronic records? ( a ) *General.* Agencies must use electronic or paper recordkeeping systems or a combination of those systems, depending on their business needs, for managing their records. Transitory e-mail may be managed as specified in § 1236.22(c).
( b ) *Electronic recordkeeping.* Recordkeeping functionality may be built into the electronic information system or records can be transferred to an electronic recordkeeping repository, such as a DoD-5015.2 STD-certified product. The following functionalities are necessary for electronic recordkeeping: ( 1 ) *Declare records.* Assign unique identifiers to records.
( 2 ) *Capture records.* Import records from other sources, manually enter records into the system, or link records to other systems.
( 3 ) *Organize records.* Associate with an approved records schedule and disposition instruction.
( 4 ) *Maintain records security.* Prevent the unauthorized access, modification, or deletion of declared records, and ensure that appropriate audit trails are in place to track use of the records.
( 5 ) *Manage access and retrieval.* Establish the appropriate rights for users to access the records and facilitate the search and retrieval of records.
( 6 ) *Preserve records.* Ensure that all records in the system are retrievable and usable for as long as needed to conduct agency business and to meet NARA-approved dispositions. Agencies must develop procedures to enable the migration of records and their associated metadata to new storage media or formats in order to avoid loss due to media decay or technology obsolescence.
( 7 ) *Execute disposition.* Identify and effect the transfer of permanent records to NARA based on approved records schedules. Identify and delete temporary records that are eligible for disposal. Apply records hold or freeze on disposition when required.
( c ) *Backup systems.* System and file backup processes and media do not provide the appropriate recordkeeping functionalities and must not be used as the agency electronic recordkeeping system.
Exhibit 31.2

Certification of CFO Pursuant to  Securities Exchange Act Rules 13a-14 and 15d-14  as Adopted Pursuant to  Section 302 of the Sarbanes-Oxley Act of 2002

I,
Jikun Kim, certify that:

1.     I
have reviewed this annual report on Form 10-K of AeroVironment, Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15(d)-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent function):



Date: June 24, 2010

/s/ JIKUN KIM Jikun Kim
Chief Financial Officer


---



QuickLinks
#### §§ 909.131-909.139 [Reserved]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                              84                          
<SECURITIES>                                         0
<RECEIVABLES>                                   88,989
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                89,073
<PP&E>                                      14,042,536
<DEPRECIATION>                                 (81,470)
<TOTAL-ASSETS>                              14,050,139
<CURRENT-LIABILITIES>                            8,782
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                14,050,139 
<SALES>                                        118,139 
<TOTAL-REVENUES>                               118,231
<CGS>                                           14,776
<TOTAL-COSTS>                                   14,776
<OTHER-EXPENSES>                               104,635
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (1,180)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (1,180)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,180)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
{"version":"1.0","provider_name":"Delta Regional Authority","provider_url":"https:\/\/dra.gov","author_name":"AhaZapier","author_url":"https:\/\/dra.gov\/author\/ahazapier\/","title":"Biden-Harris Administration Announces Over $2.5 Million Investment into Mississippi - Delta Regional Authority","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"beYPjnIhHV\"><a href=\"https:\/\/dra.gov\/biden-harris-administration-announces-over-2-5-million-investment-into-mississippi\/\">Biden-Harris Administration Announces Over $2.5 Million Investment into Mississippi<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/dra.gov\/biden-harris-administration-announces-over-2-5-million-investment-into-mississippi\/embed\/#?secret=beYPjnIhHV\" width=\"600\" height=\"338\" title=\"“Biden-Harris Administration Announces Over $2.5 Million Investment into Mississippi” — Delta Regional Authority\" data-secret=\"beYPjnIhHV\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script>\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n<\/script>\n","description":"Biden-Harris Administration Announces Over $2.5 Million Investment into Mississippi Communities","thumbnail_url":"https:\/\/mcusercontent.com\/90665e275659657eb2097e76c\/images\/3c279e98-4eee-68aa-d6e2-455119b8e0a5.png"}
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.                  

###### Federal Mine Safety and Health Review Commission

# Time and Date:

2 p.m., Wednesday, November 15, 2006.

# Place:

U.S. Department of Labor Main Auditorium, Francis Perkins Building, 200 Constitution Avenue, NW., Washington, DC.

# Status:

Open.

# Matters to Be Considered:

                        The Commission will hear oral argument in the matter                         *Secretary of Labor*                         v.                         *Jim Walter Resources, Inc.,*                         Docket No. SE 2005-51. (Issues include whether substantial evidence, including inferences drawn from the record, supports the conclusion of the Administrative Law Judge that the operator violated 30 CFR 75.1725(c) when a miner allegedly performed maintenance work on a conveyor belt without cutting off the power and blocking the belt against motion; whether the judge correctly concluded that the violation was significant and substantial; and whether the judge properly assessed the penalty against the operator.)                    

Any person attending this oral argument who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

# Contact Person for More Info:

Jean Ellen (202) 434-9950/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

Jean H. Ellen,

Chief Docket Clerk.

[FR Doc. 06-9144 Filed 11-6-06; 12:47 pm]

BILLING CODE 6735-01-M
§ 1177.21 Scope and application. ( a ) The standards set forth in this subpart apply to the compromise of debts pursuant to 31 U.S.C. 3711. NEH may exercise such compromise authority for debts that arise out of its activities, or that are referred or transferred to it for collection services, when the amount of the debt then due, exclusive of interest, penalties, and administrative costs, does not exceed $100,000 or any higher amount authorized by the Attorney General. The Chairperson may designate officials within NEH to exercise the authorities in this section.
( b ) Unless otherwise provided by law, when the principal balance of a debt, exclusive of interest, penalties, and administrative costs, exceeds $100,000 or any higher amount authorized by the Attorney General, the authority to accept the compromise rests with DOJ. NEH will evaluate the compromise offer, using the factors set forth in this subpart. If NEH finds that an offer to compromise a debt in excess of $100,000 is acceptable, it will refer the debt to the Civil Division or other appropriate litigating division in DOJ using a Claims Collection Litigation Report (CCLR). NEH may obtain the CCLR from DOJ's National Central Intake Facility. The referral will include appropriate financial information and a recommendation for the acceptance of the compromise offer. DOJ approval is not required if NEH rejects a compromise offer.
§ 1150.9 How can I resolve the Endowment's claim through a voluntary repayment agreement? In response to a Notice of debt, you may propose to the Endowment that you be allowed to repay the debt through a voluntary repayment agreement in lieu of the Endowment taking other collection actions under this part. ( a ) Your request to enter into a voluntary repayment agreement must: ( 1 ) Be in writing;
( 2 ) Admit the existence of the debt; and
( 3 ) Either propose payment of the debt (together with interest, penalty charges, and administrative costs) in a lump sum, or set forth a proposed repayment schedule.
( b ) The Endowment will collect claims in full or one lump sum whenever feasible. However, if you are unable to pay your debt in one lump sum, the Endowment may accept payment in regular installments that bear a reasonable relationship to the size of the debt and your ability to pay.
( c ) The Endowment will consider a request to enter into a voluntary repayment agreement in accordance with the Federal Claims Collection Standards. The Chairperson may request additional information from you, including financial statements if you request to make payments in installments, in order to make a determination of whether to accept a voluntary repayment agreement. It is within the Chairperson's discretion to accept a repayment agreement instead of proceeding with other collection actions under this part, and to set the necessary terms of any voluntary repayment agreement. No repayment agreement will be binding on the Endowment unless it is in writing and signed by both you and the Chairperson. At the Endowment's option, you may be required to enter into a confess-judgment note or bond of indemnity with surety as part of an agreement to make payments in installments. Notwithstanding the provisions of this section, any reduction or compromise of a claim will be governed by 31 U.S.C. 3711.
#### In the Matter of the Estate of Ferdinand Hirsch, Deceased. Edward K. Jones, Appellant; Minnie F. Hirsch et al., Respondents.

(Argued April 2, 1907;

decided April 16, 1907.)

*Matter of Hirsch,*116 App. Div. 367, affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 21, 1906, which affirmed a decree of the New York County Surrogate’s Court revoking letters testamentary issued to the appellant herein and removing him as trustee under the will of Ferdinand Hirsoh, deceased.

*Alton B. Parker, Edward*IF. *Ilateh, David MeOlure*and *Frank B. Church*for appellant.

*Lemuel E. Quigg*and *Charles F. Bostwick*for respondents.

Order affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., O’Brien, Edward T. Bartlett, Haight, Hiscock and Chase, JJ. Not voting : Vann, J.
[Federal Register Volume 71, Number 207 (Thursday, October 26, 2006)]
[Notices]
[Page 62581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8899]


=======================================================================
-----------------------------------------------------------------------

APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION


Annual Meeting

    Time and Date: 10 a.m.-12:30 p.m. November 3, 2006.
    Place: Harrisburg Hilton and Towers, One North Second Street, 
Harrisburg, PA 17101.
    Status: Most of the meeting will be open to the public. If there is 
a need for an executive session (closed to the public), it will be 
announced at the meeting.
    Matters To Be Considered:
    Portions Open To The Public: The primary purpose of this meeting is 
to (1) Review the independent auditors' report of Commission's 
financial statements for fiscal year 2005-2006; (2) Review the Low-
Level Radioactive Waste (LLRW) generation information for 2005; (3) 
Consider a proposal budget for fiscal year 2007-2008; (4) Review recent 
national developments regarding LLRW management and disposal; (5) 
Review the results of a survey of LLRW generators in the Compact; and 
(6) Elect the Commission's Officers.
    Portions Closed To The Public: Executive Session, if deemed 
necessary, will be announced at the meeting.

FOR FURTHER INFORMATION CONTACT: Rich Janati, Administrator of the 
Commission, at 717-787-2163.

Rich Janati,
Administrator, Appalachian Compact Commission.
[FR Doc. 06-8899 Filed 10-25-06; 8:45 am]
BILLING CODE 0000-00-M
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 663 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                 S. 663

 To amend title II of the Social Security Act to eliminate the waiting 
  periods for disability insurance benefits and Medicare coverage for 
   individuals with metastatic breast cancer, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2023

 Mr. Murphy (for himself and Ms. Ernst) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend title II of the Social Security Act to eliminate the waiting 
  periods for disability insurance benefits and Medicare coverage for 
   individuals with metastatic breast cancer, 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 ``Metastatic Breast Cancer Access to 
Care Act''.

SEC. 2. ELIMINATION OF WAITING PERIOD FOR INDIVIDUALS WITH METASTATIC 
              BREAST CANCER.

    (a) In General.--Section 223(a) of the Social Security Act (42 
U.S.C. 423(a)) is amended--
            (1) in paragraph (1), in the matter following subparagraph 
        (E), by inserting ``or metastatic breast cancer'' after 
        ``amyotrophic lateral sclerosis''; and
            (2) in paragraph (2)(B), by inserting ``or (iii)'' after 
        ``clause (ii)''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to applications for disability insurance benefits 
filed after the date of the enactment of this Act.

SEC. 3. WAIVER OF 24-MONTH WAITING PERIOD FOR MEDICARE COVERAGE OF 
              INDIVIDUALS WITH METASTATIC BREAST CANCER.

    (a) In General.--Section 226(h) of the Social Security Act (42 
U.S.C. 426(h)) is amended by inserting ``or metastatic breast cancer'' 
after ``amyotrophic lateral sclerosis (ALS)''.
    (b) Effective Date.--The amendments made by this section shall 
apply to benefits for months beginning after the date of the enactment 
of this Act.
                                 <all>
```