alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14** 
**- 2007** 

DENNIS A. GIVENS ,
Plaintiff

– Appellant ,

v.
SCOTT R. SMITH, individually and collectively; KEITH C. GAMBLE, individually and collectively; STEPHEN M. FOWLER, individually and collectively; D. LUKE FURBEE, individually and collectively; OFFICER S. A. ZIMMERMAN, individually and collectively; OFFICER J. E. DEAN, individually and collectively; J. C. WEAVER, a/k/a Jack C. Weaver, individually and collectively; HONORABLE JAMES P. MAZZONE, individually and collectively; HONORABLE ARTHUR M. RECHT, individually and collectively; HONORABLE RONALD E. WILSON, individually and collectively; KENNETH W. BLAKE, individually and collectively ,
Defendant s
- Appellee s
.

Appeal from the United States District Court for the Northern District of West Virginia , at Wheeling

. Frederick P. Stamp, Jr., Senior District Judge. ( 5:12

- cv
- 00145

- FPS

- JES )

Submitted : March 12, 2015 Decided: March 16, 2015

Before GREGORY, DIAZ, and HARRIS , Circuit Judges.

Affirmed by un published per curiam opinion

.

Dennis A. Givens, Appellant Pro Se. Deva A. Solomon, Monte Lee Williams, STEPTOE & JOHNSON, LLP, Morgantown, West Virginia;2 Diane G. Senakievich, David Lee Wyant, BAILEY & WYANT, PLLC, Wheeling, West Virginia; Stephen Mark Fowler, PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Charleston, West Virginia; Kenneth Louis Hopper, PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Morgantown, West Vi rginia; John Michael Hedges, Teresa Jean Lyons, HEDGES LYONS & SHEPHERD, Morgantown, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:

Dennis A. Givens appeals the district court ’ s order s
acceptin g the recommendation s of the magistrate judge and
dismissing Givens’ complaint in part an d granting summary
judgment in part . We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. Givens v. Weaver , No. 5:12

- cv
- 00145

- FPS

JES (N.D.W. Va. July 1 & Aug. 27, 2014)

. We deny Givens’ motion

for sanctions and to strike. We dispense with oral argument
because the facts and legal contentions are adequately presented

in the materials before t h is court and argument would not aid
the decisional process.

AFFIRMED
§ 605.44 Academic adjustments. ( a ) *Academic requirements.* A recipient to which this subpart applies shall make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of handicap, against a qualified handicapped applicant or student. Academic requirements that the recipient can demonstrate are essential to the instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.
( b ) *Other rules.* A recipient to which this subpart applies may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students in the recipient's education program or activity.
( c ) *Course examinations.* In its course examinations or other procedures for evaluating students' academic achievement, a recipient to which this subpart applies shall provide such methods for evaluating the achievement of students who have a handicap that impairs sensory, manual, or speaking skills as will best ensure that the results of the evaluation represents the student's achievement in the course, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where such skills are the factors that the test purports to measure).
( d ) *Auxiliary aids.* ( 1 ) A recipient to which this subpart applies shall take such steps as are necessary to ensure that no handicapped student is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under the education program or activity operated by the recipient because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.
( 2 ) Auxiliary aids may include taped texts, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by students with manual impairments, and other similar services and actions. Recipients need not provide attendents, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
[47 FR 8573, Mar. 1, 1982, as amended at 68 FR 51381, Aug. 26, 2003]
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1982 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1982

To direct the Secretary of Veterans Affairs to acknowledge the receipt 
  of medical, disability, and pension claims and other communications 
                         submitted by veterans.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2009

 Ms. Kilpatrick of Michigan (for herself, Ms. Bordallo, Mr. Stark, Mr. 
  Cohen, Mr. Gutierrez, and Mr. Connolly of Virginia) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of Veterans Affairs to acknowledge the receipt 
  of medical, disability, and pension claims and other communications 
                         submitted by veterans.

    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 ``Veterans Entitlement to Service 
(VETS) Act of 2009''.

SEC. 2. ACKNOWLEDGMENT BY SECRETARY OF VETERANS AFFAIRS OF RECEIPT OF 
              MEDICAL, DISABILITY, AND PENSION CLAIMS AND OTHER 
              COMMUNICATIONS SUBMITTED BY VETERANS.

    The Secretary of Veterans Affairs shall acknowledge the receipt of 
any claim for medical services, disability compensation, or pension 
under the laws administered by the Secretary for Veterans Affairs, or 
other communication relating to such services, compensation, or 
pension, submitted to the Secretary by a veteran within 60 days of 
receiving the claim or other communication.
                                 <all>
```
**21st      Century      Holding Company**

**EXHIBIT      32.2**

|  | (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                21st                Century Holding Company. |
|--|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:                /*s/                Peter J. Prygelski, III*     |                             |
|---------------------------------------------------------------------|----------------------------------|
| **Peter                J. Prygelski, III, Chief Financial Officer** | November                10, 2008 |

----
Editorial Note on Part 107
Editorial Note: Nomenclature changes to part appear by USCG-2012-0832, 77 FR 59780, Oct. 1, 2012.

§ 107.261 Drydock or special examination. ( a ) Except as provided in paragraphs (b), (c), and (d), each unit must be drydocked in the presence of a Coast Guard inspector at least once during each 24 month period after it is issued a Certificate of Inspection.
( b ) If a unit is column-stabilized, it may be specially examined in lieu of drydocking in accordance with § 107.265 in the presence of a Coast Guard inspector.
( c ) If a unit is self-elevating, it may be specially examined in lieu of drydocking in accordance with § 107.267 in the presence of a Coast Guard inspector.
( d ) If a unit is a surface type, it may be specially examined in lieu of drydocking in accordance with § 107.265 in the presence of a Coast Guard inspector if the examination is specifically approved by the Commandant.
( e ) The master, person in charge, owner, or agent of a certificated unit must notify the appropriate Officer in Charge, Marine Inspection before the unit is drydocked, or specially examined.
( f ) The master, person in charge, owner, or agent of a certificated unit operating in international service must notify the appropriate Officer in Charge, Marine Inspection at least 60 days before the unit is drydocked or specially examined under § 107.265 or § 107.267.
§ 108.467 Water supply. The water supply of a foam extinguishing system must not be the water supply of the fire main system on the unit unless when both systems are operated simultaneously— ( a ) The water supply rate to the foam production equipment meets the requirements of this section; and
( b ) Water supply rate to the fire hydrants required by § 108.415 of this subpart allows compliance with the pressure requirement in that section.
**HOME | 	  ABOUT US | 	  CONTACT | 	  REGIONAL MANAGERS**Nautical Charts & Pubs****Surveys & Wrecks****GIS & Other Products****Research & Development****Customer Service****Business Opportunities****Education****NGA Chart: 14202          Scale: 25,045          Edition: 29          Edition Date: 18-MAR-95          CORRECTED TO NTM:  1995/21**Notice Listing-  **Click the +/- buttons and drag the slider tool (solid triangle) 				to zoom in and out.** 
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- 1770
- 1771
#### Lightner *v.*The State.

Submitted October 16,

Decided November 8, 1906.

Accusation of misdemeanor. Before Judge Crisp. City court of Dawson. June 8, 1906.

*J. G-. Parhs*and *W. H. Gurr,*for plaintiff in error.

*M. J.*Yeomans, solicitor, contra.

Cobb, J.

An accusation in a city court was filed on January 9, 1906, and alleged that the offense charged was committed on January 8, 1906. The accused was tried in April, 1906. The only evidence as to the time of the commission of the offense was a statement by the prosecutor that the accused stopped at his house “on Sunday night in January of this year,” and that the offense was committed the following morning. *Seld,*that it did not affirmatively appear that the offense was committed before the filing of the accusation, and a new trial should have been 'granted upon the ground that the verdict was contrary to the evidence.

*Judgment reversed.*

*All the Justices concur.*
CERTIFICATION

         In connection with the Annual Report on Form 20-F of VocalTec
Communications Ltd. (the "Company") for the fiscal year ended December 31,
2002 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), Elon Ganor, as Chief Executive Officer of the Company, and
Hugo Goldman, as Chief Financial Officer of the Company, each hereby
certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

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

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


/s/ Elon Ganor
-----------------------------
Name:   Elon Ganor
Title:  Chief Executive Officer
Date:   March 31, 2004


/s/ Hugo Goldman
-----------------------------
Name:   Hugo Goldman
Title:  Chief Financial Officer
Date:   March 31, 2004

This certification accompanies the Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
ss.18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to VocalTec Communications Ltd. and will be retained by VocalTec
Communications Ltd. and furnished to the Securities and Exchange Commission or
its staff upon request.
§ 111.105-11 Intrinsically safe systems. ( a ) As part of plan approval, the manufacturer must provide appropriate installation instructions and restrictions on approved system components or the control drawing in Section 504.10(A) of NFPA 70 (incorporated by reference, see § 110.10-1 of this subchapter). Typical instructions and restrictions include information addressing— ( 1 ) Voltage limitations;
( 2 ) Allowable cable parameters;
( 3 ) Maximum length of cable permitted;
( 4 ) Ability of system to accept passive devices;
( 5 ) Acceptability of interconnections with conductors or other equipment for other intrinsically safe circuits; and
( 6 ) Information regarding any instructions or restrictions which were a condition of approval of the system or its components.
( b ) Each intrinsically safe system must meet ANSI/ISA-RP12.06.01-2003 (incorporated by reference, see § 110.10-1 of this subchapter).
( c ) For intrinsically safe systems under the standards cited in § 111.105-3(a)(1) and (2) the wiring methods must meet Sections 504.30, 504.50 and 504.60 of NFPA 70 (incorporated by reference, see § 110.10-1 of this subchapter). For intrinsically safe systems under the standards cited in § 111.105-3(b)(3) of this subpart, the installation and wiring must meet Clause 7, except for Clause 7.3.1, of IEC 60092-502:1999 (incorporated by reference, see § 110.10-1 of this subchapter).
[USCG-2020-0075, 88 FR 16366, Mar. 16, 2023]
§ 92.101 Discrimination prohibited. ( a ) *General.* ( 1 ) Except as provided in title I of the ACA, an individual must not, on the basis of race, color, national origin, sex, age, disability, or any combination thereof, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any health program or activity operated by a covered entity.
( 2 ) Discrimination on the basis of sex includes, but is not limited to, discrimination on the basis of: ( i ) Sex characteristics, including intersex traits;
( ii ) Pregnancy or related conditions;
( iii ) Sexual orientation;
( iv ) Gender identity; and
( v ) Sex stereotypes.
( b ) *Specific prohibitions on discrimination.* ( 1 ) In any health program or activity to which this part applies: ( i ) A recipient and State Exchange must comply with the specific prohibitions on discrimination in the Department's implementing regulations for title VI, section 504, title IX, and the Age Act, found at 45 CFR parts 80, 84, 86 (subparts C and D), and 91 (subpart B), respectively. Where this paragraph (b) cross-references regulatory provisions that use the term “recipient,” the term “recipient or State Exchange” shall apply in its place. Where this paragraph (b) cross-references regulatory provisions that use the term “student,” “employee,” or “applicant,” these terms shall be replaced with “individual.”
( ii ) The Department, including Federally-facilitated Exchanges, must comply with specific prohibitions on discrimination in the Department's implementing regulations for title VI, section 504, title IX, and the Age Act, found at 45 CFR parts 80, 85, 86 (subparts C and D), and 91 (subpart B), respectively. Where this paragraph (b) cross-references regulatory provisions that use the term “a recipient,” the term “the Department or a Federally-facilitated Exchange” shall apply in its place. Where this paragraph (b) cross-references regulatory provisions that use the term “student,” “employee,” or “applicant,” these terms shall be replaced with “individual.”
( 2 ) The enumeration of specific prohibitions on discrimination in paragraph (b)(1) of this section does not limit the general applicability of the prohibition in paragraph (a) of this section.
<PAGE>
                                                                    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 Accredo Health, Incorporated
(the "Company") on Form 10-Q for the quarter ended September 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Joel R. Kimbrough, Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to my knowledge:

         (1)      The Report fully complies with the requirements of section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

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



/s/ Joel R. Kimbrough
----------------------------------
Joel R. Kimbrough
Chief Financial Officer


November 14, 2003
Exhibit 4.45
 AMENDMENT NO. 3 TO
 SETTLEMENT AND PURCHASE AND SALE AGREEMENT
 Amendment PSA
 Section 4.3(c)
    Exhibit D Exhibit A
 Section 4.3(c)
 Section 4.4
 Exhibit E Exhibit B




---



##### 








---



##### 



SELLERS: 
ASARCO LLC, a Delaware limited liabilitycompanyBy:
    /s/  Joseph F. LapinskyName:
    Joseph F. LapinskyTitle:
    Chief Executive Officer & PresidentAR SILVER BELL, INC., a DelawarecorporationBy:
    /s/  Douglas E. McAllisterName:
    Douglas E. McAllisterTitle:
    PresidentCOPPER BASIN RAILWAY, INC., aDelaware corporationBy:
    /s/  Douglas E. McAllisterName:
    Douglas E. McAllisterTitle:
    Vice PresidentASARCO SANTA CRUZ, INC., aDelaware corporationBy:
    /s/  Douglas E. McAllisterName:
    Douglas E. McAllisterTitle:
    PresidentPURCHASER: 
STERLITE (USA), INC.By:
    /s/  C.V. KrishnanName:
    C.V. KrishnanTitle:
    PresidentGUARANTOR: 
STERLITE INDUSTRIES (INDIA) LTD.By:
    /s/  C.V. KrishnanName:
    C.V. KrishnanTitle:
    Managing Director (Power)
#### § 111.105-21 Ventilation.

A ventilation duct which ventilates a hazardous location has the classification of that location. Each fan for ventilation of a hazardous location must be nonsparking.

[CGD 94-108, 61 FR 28285, June 4, 1996]
# CE2009066EN.01008301.xml

| 20.3.2009 | EN | Official Journal of the European Union | CE 66/83 |
| --- | --- | --- | --- |

20.3.2009

EN

Official Journal of the European Union

CE 66/83

---

Management of the assets of the ECSC and the Research Fund for Coal and Steel *

P6_TA(2008)0073

P6_TA(2008)0073

European Parliament legislative resolution of 11 March 2008 on the proposal for a Council decision amending Decision 2003/77/EC laying down multiannual financial guidelines for managing the assets of the ECSC in liquidation and, on completion of the liquidation, the Assets of the Research Fund for Coal and Steel (COM(2007)0435 — C6-0276/2007 — 2007/0150(CNS))

(2009/C 66 E/17)

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2007)0435), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2007)0435),

| — | having regard to Article 2(2) of Council Decision 2003/76/EC, pursuant to which the Council consulted Parliament (C6-0276/2007), |
| --- | --- |

—

having regard to Article 2(2) of Council Decision 2003/76/EC, pursuant to which the Council consulted Parliament (C6-0276/2007),

| — | having regard to Rules 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A6-0062/2008), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A6-0062/2008),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and the Commission.

---
[Federal Register Volume 72, Number 49 (Wednesday, March 14, 2007)]
[Notices]
[Pages 11918-11919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1234]


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

POSTAL SERVICE


Board of Governors; Sunshine Act Meeting

Board Votes To Close March 6, 2007, Meeting

    At its teleconference meeting on February 27, 2007, the Board of 
Governors of the United States Postal Service voted unanimously to 
close to public observation its meeting scheduled for March 6, 2007, in 
Washington, DC, via teleconference. The Board determined that prior 
public notice was not possible.

Item Considered: Postal Regulatory Commission Opinion and Recommended 
Decision in Docket No. R2006-1, Postal Rate and Fee Changes.

General Counsel Certification: The General Counsel of the United States 
Postal Service has certified that the meeting was properly closed under 
the Government in the Sunshine Act.

Contact Person for More Information: Requests for information about the 
meeting should be addressed to the

[[Page 11919]]

Secretary of the Board, Wendy A. Hocking, at (202) 268-4800.

Wendy A. Hocking,
Secretary.
[FR Doc. 07-1234 Filed 3-12-07; 3:49 pm]
BILLING CODE 7710-12-M