alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Linda Elrod SALERNO, Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security.

No. 03-4088.

United States Court of Appeals, Third Circuit.

Submitted Under Third Circuit L.A.R. 34.1(a) May 11, 2004.

Decided May 14, 2004.

*364Gregory G. Paul, Peirce, Raimond *&*Coulter, Pittsburgh, PA, for Appellant.

Brian C. O’Donnell, Social Security Administration, OGC/Region III, Philadelphia, PA, for Appellee.

Before NYGAARD, MCKEE, and WEIS, Circuit Judges.

*OPINION*

WEIS, Circuit Judge.

The claimant in this SSI Disability benefits case is a 54 year-old woman. She worked in a delicatessen for a number of years until 1994 when she was discharged because of a reduction in the store’s work force. She then went to South Carolina where she worked in a cafeteria for about a year and returned to Pittsburgh and cared for her granddaughter from 1996 to 1998.

Claimant has been diagnosed with bronchial asthma/COPD, hypertension, hyperlipidemia, chest pains secondary to angina and chronic alcoholism. She applied for disability benefits in February 2000. After a hearing before an ALJ, the claim was denied. The Appeals Council vacated the unfavorable decision and remanded, essentially for re-evaluation of the medical evidence as to whether the claimant could perform “light” or only “sedentary” work.

A second hearing before the ALJ resulted in a denial once again. On this occasion, a medical expert, Dr. Daniel Nackley, who had not examined the claimant but was present during the hearing, opined that she was capable of performing “light” work. Observing that “the claimant is not highly credible,” the ALJ also stated that the reduction of capability to light work as stated in Dr. Nackley’s assessment, “is well supported by the objective medical evidence and the clearly credible functional limitations.”

The Appeals Council affirmed and the claimant then filed an appeal in the United States District Court for the Western District of Pennsylvania.

The District Court carefully reviewed the record and its opinion discusses the medical evidence in detail. We see no need to repeat this analysis. Our independent review of the record leads us to agree with the assessment made by the District Court in concluding that the ALJ’s decision was supported by substantial evidence.

In her brief, the claimant suggest that this Court should adopt language in *Smith v. Schweiker,*795 F.2d 343, 345 (4th Cir. 1986), limiting the effect of a non-examining physician’s report in establishing substantial evidence. We conclude that the *Smith*case is not applicable to the facts of the case before us. In addition, we do not read that opinion as being as sweeping as the claimant asserts.

We are satisfied that the District Court’s very thorough opinion correctly *365decided the issues in this case. Consequently, we will affirm the judgment of the District Court.
§ 120.210 Protection from wet and corrosive environments. ( a ) Electrical equipment used in the following locations must be dripproof: ( 1 ) A machinery space;
( 2 ) A location normally exposed to splashing, water washdown, or other wet conditions within a galley, a laundry, or a public washroom or toilet room that has a bath or shower; or
( 3 ) Another space with a similar moisture level.
( b ) Electrical equipment exposed to the weather must be watertight.
( c ) Electrical equipment exposed to corrosive environments must be of suitable construction and corrosion-resistant.
#### Lewis Dennis, *Respondent, v.*Benson Denny, *Appellant.*

Judgment of County Court affirmed, with costs. Opinion by

Barnard, P. J.
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 09-1130 

________________________________________________________________________ 

CULTURAL PROPERTY 

 Agreement Between the 

UNITED STATES OF AMERICA 

and BULGARIA 

Signed at Washington December 5, 2002 

 
 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.” 
 BULGARIA 

 Cultural Property 

Agreement signed at Washington December 5, 2002; 

 Entered into force November 30, 2009.
null

2011-05-10

503.54034

eng - Argued: 2011-05-10. Docket number: 4-10-0720
### C OURT OF 

### A PPEALS FOR THE



### F IRST 

### D ISTRICT OF 

### T EXAS AT 

### H OUSTON



### O RDER ON 

### M OTION

Cause Number: 01

- 09

- 00437

- CR

Trial Court Cause

Number: 1198372

Style: Gerald Hayes

v The State of Texas

Date motion filed * : January 22, 2013

Type of motion: "Motion for Leave to File and Judicial Notice"

Party filing motion: Appellant

Document to be filed:

Is appeal accelerated? YES NO

Ordered that motion is:

Granted

If document is to be filed, document due:

Absent extraordinary circumstances, the Court will not grant additional motions to extend time

Denied

Dismissed ( e.g. , want of jurisdiction, moot)

Other:

Judge's signature: /s/ Sherry Radack

_________________________________________________ Acting individually Acting for the Court

Panel consists of

________________________________________

Date: February 7, 2013

____________________________
I 

111TH CONGRESS 

1ST SESSION H. R. 1761 

To amend the Emergency Economic Stabilization Act of 2008 to restrict 

the use of TARP funds for domestic purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2009 

Mr. KILDEE (for himself, Ms. KAPTUR, Ms. SUTTON, Mr. MICHAUD, Mr. 

HARE, Mr. STUPAK, Mr. DINGELL, Mr. VISCLOSKY, Mr. HOLDEN, Mr. 

RYAN of Ohio, Ms. SHEA-PORTER, Mr. BRADY of Pennsylvania, and Ms. 

KILROY) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To amend the Emergency Economic Stabilization Act of 

2008 to restrict the use of TARP funds for domestic 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘The Responsible Use of 

5 Taxpayer Help Act’’. 


jbell on PRODPC61 with BILLS
2 

•HR 1761 IH

1 SEC. 2. REQUIREMENT TO USE TARP FUNDS FOR DOMES2 TIC PURPOSES. 

3 Title I of the Emergency Economic Stabilization Act 

4 of 2008 is amended by adding at the end the following 

5 new section: 

6 ‘‘SEC. 137. REQUIREMENT TO USE TARP FUNDS FOR DO7 MESTIC PURPOSES. 

8 ‘‘A financial institution shall not use any assistance 

9 provided under this title to— 

10 ‘‘(1) purchase or invest in any foreign asset or 

11 business; 

12 ‘‘(2) transfer money to, or invest in, a foreign 

13 subsidiary of the financial institution; 

14 ‘‘(3) pay any type of compensation to an em15 ployee of the financial institution unless such em16 ployee is a United States citizen or lawful perma17 nent resident; or 

18 ‘‘(4) make any other purchase, payment, trans19 fer, or investment, the primary effect of which is to 

20 benefit a foreign entity.’’. 

Æ 


jbell on PRODPC61 with BILLS
#### Annie E. Moore, *Appellant, v.*John E. Moore, *Respondent*.

Order affirmed. Opinion by

Daniels, J.
Editorial Note on Part 153
Editorial Note: Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 153.515 Special requirements for extremely flammable cargoes. When Table 1 refers to this section: ( a ) An enclosed space containing a cargo tank must have an inerting system that meets the requirements in § 153.500 applying to the inert gas system of a containment system;
( b ) Cargo discharge pumps must be of a type that does not subject the shaft gland to the cargo under pressure or that is submerged; and
( c ) The cargo tank's relief valve setting must be no less than 21 kPa gauge (approx. 3 psig).
**EXHIBIT 32.2**

**CERTIFICATION**

I, William Slater, Chief Financial Officer of Saba Software, Inc. (the“Company”) hereby certify, as of the date hereof, solely for purposes of Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge: 

(1) the Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended November 30, 2010 (the “Report”) fully complies with therequirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and 

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

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

Date: January 7, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

FRANKLIN PIGGIE, DOC #H46388, )

)

Appellant, )

)

v. ) Case No. 2D17-4001

)

STATE OF FLORIDA, )

)

Appellee. )

________________________________ )

Opinion filed March 9, 2018. 

Appeal pursuant to Fla. R. App. P. 

9.141(b)(2) from the Circuit Court for 

Polk County; Neil A. Roddenbery, 

Judge.

Franklin Piggie, pro se. 

PER CURIAM.

Affirmed. 

VILLANTI, SLEET, and ROTHSTEIN-YOUAKIM, JJ., Concur.
# C_2008012EN.01000501.xml

| 17.1.2008 | EN | Official Journal of the European Union | C 12/5 |
| --- | --- | --- | --- |

17.1.2008

EN

Official Journal of the European Union

C 12/5

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid

(Text with EEA relevance)

(2008/C 12/05)

| Reference number of the aid | XT 106/07 |
| --- | --- |
| Member State | Spain |
| Region | Comunidad Autónoma del País Vasco |
| Title (and/or name of the beneficiary) | Convocatoria de ayudas para acciones formativas estratégicas que se desarrollen por parte de las empresas |
| Legal basis | Orden de 13 de noviembre de 2007, del Consejero de Educación, Universidades e Investigación, por la que se convocan ayudas económicas a la financiación de acciones estratégicas formativas que se desarrollen por parte de las empresas de la Comunidad Autónoma del País Vasco para el ejercicio 2007 (Boletín Oficial del País Vasco de 19.11.2007)
  http://www.euskadi.net/cgi-bin_k54/bopv_20?c&f=20071119&a=200706308 |
| Type of measure | Aid scheme |
| Budget | Annual budget: EUR 6,47 million; overall budget: — |
| Maximum aid intensity | In conformity with Article 4(2)-(7) of the Regulation |
| Date of implementation | 19.11.2007 |
| Duration | 31.12.2008 |
| Objective | General training; Specific training |
| Economic sectors | All sectors eligible for training aid |
| Name and address of the granting authority | HOBETUZ, Fundación Vasca para la Formación Profesional Continua |
| Gran Vía 35 — 6o |
| E-48009 Bilbao |

Reference number of the aid

XT 106/07

Member State

Spain

Region

Comunidad Autónoma del País Vasco

Title (and/or name of the beneficiary)

Convocatoria de ayudas para acciones formativas estratégicas que se desarrollen por parte de las empresas

Legal basis

Orden de 13 de noviembre de 2007, del Consejero de Educación, Universidades e Investigación, por la que se convocan ayudas económicas a la financiación de acciones estratégicas formativas que se desarrollen por parte de las empresas de la Comunidad Autónoma del País Vasco para el ejercicio 2007 (Boletín Oficial del País Vasco de 19.11.2007)

http://www.euskadi.net/cgi-bin_k54/bopv_20?c&f=20071119&a=200706308

Type of measure

Aid scheme

Budget

Annual budget: EUR 6,47 million; overall budget: —

Maximum aid intensity

In conformity with Article 4(2)-(7) of the Regulation

Date of implementation

19.11.2007

Duration

31.12.2008

Objective

General training; Specific training

Economic sectors

All sectors eligible for training aid

Name and address of the granting authority

HOBETUZ, Fundación Vasca para la Formación Profesional Continua

Gran Vía 35 — 6o

o

E-48009 Bilbao

---
# C_2008099EN.01000101.xml

| 19.4.2008 | EN | Official Journal of the European Union | C 99/1 |
| --- | --- | --- | --- |

19.4.2008

EN

Official Journal of the European Union

C 99/1

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2008/C 99/01)

| Date of adoption of the decision | 11.3.2008 |
| --- | --- |
| Reference number of the aid | N 596a/07 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | Réduction de l'impôt de solidarité sur la fortune en faveur de l'investissement dans les petites et moyennes entreprises |
| Legal basis | Loi no 2007-1223 du 21 août 2007 en faveur du travail, de l'emploi et du pouvoir d'achat; Article 885-0 V bis du Code général des impôts |
| Type of measure | Aid scheme |
| Objective | Risk capital, Small and medium-sized enterprises |
| Form of aid | Tax advantage |
| Budget | Annual budget: EUR 445 million |
| Intensity | — |
| Duration | Until 31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Ministère de l'économie, des finances et de l'emploi |
| 139, rue de Bercy |
| F-75012 Paris |

Date of adoption of the decision

11.3.2008

Reference number of the aid

N 596a/07

Member State

France

Region

—

Title (and/or name of the beneficiary)

Réduction de l'impôt de solidarité sur la fortune en faveur de l'investissement dans les petites et moyennes entreprises

Legal basis

Loi no 2007-1223 du 21 août 2007 en faveur du travail, de l'emploi et du pouvoir d'achat; Article 885-0 V bis du Code général des impôts

o

bis

Type of measure

Aid scheme

Objective

Risk capital, Small and medium-sized enterprises

Form of aid

Tax advantage

Budget

Annual budget: EUR 445 million

Intensity

—

Duration

Until 31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

Ministère de l'économie, des finances et de l'emploi

139, rue de Bercy

F-75012 Paris

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---
#### IN THE MATTER OF THE APPEAL OF BLUE BIRD DYEING COMPANY, STATED AS CEDAR CLIFF SILK COMPANY, FOR TAXES LEVIED BY THE BOROUGH OF HALEDON.

Submitted May term, 1929

Decided November 14, 1929.

Before Justices Tbenchabd, Lloyd and Case.

Eor the prosecutor, *Meyer Lobsenz.*

Eor the respondents, *William A. Stevens.*

Pee Ctieiam.

This case comes up on writ of *certiorari*to review a judgment entered by the state board of taxes and assessment. The property was owned October 1st, 1927, by Cedar Cliff Silk Company, and during the following spring was purchased by Blue Bird Dyeing Company. The assessment for 1928 taxes, as reduced by the county board of taxation, was land $10,000, improvements $100,000, personalty $30,000. This assessment was affirmed by the state board of taxes and assessment, and to review that finding the present writ issued.

We are not informed as to the significance of the title to the cause, nor as to the respective relations of Blue Bird Dyeing Company and Cedar Cliff Silk Company to the assessments other than the fact that the latter was and the former now is the owner of the property. We assume that the assessment was made against the Cedar Cliff Silk Company; that the records still show the assessment to be so made; and that the Blue Bird Dyeing Company, being the present interested party, prosecutes the writ in the name of the Cedar Cliff Silk Company. The prosecutor contends that the value of the *1050real property was less than that fixed hy the assessor, and that there was no personal property to be assessed. We have examined the record and find evidence' to sustain the assessments as of October 1st, 1928, in the amounts found correct by the state board of taxes and assessment. *Pennsylvania Railroad Co.*v. *State*Board, 103 *N. J. L.*28; *Gibbs*v. *State Board,*101 *Id.*371.

The judgment rendered by the state board of taxes and assessment is affirmed.
§ 400.154 Employability services. A State may provide the following employability services— ( a ) *Employment services,* including development of a family self-sufficiency plan and an individual employability plan, world-of-work and job orientation, job clubs, job workshops, job development, referral to job opportunities, job search, and job placement and followup.
( b ) *Employability assessment services,* including aptitude and skills testing.
( c ) *On-the job training,* when such training is provided at the employment site and is expected to result in full-time, permanent, unsubsidized employment with the employer who is providing the training.
( d ) *English language instruction,* with an emphasis on English as it relates to obtaining and retaining a job.
( e ) *Vocational training,* including driver education and training when provided as part of an individual employability plan.
( f ) *Skills recertification,* when such training meets the criteria for appropriate training in § 400.81(b) of this part.
( g ) *Day care for children,* when necessary for participation in an employability service or for the acceptance or retention of employment.
( h ) *Transportation,* when necessary for participation in an employability service or for the acceptance or retention of employment.
( i ) *Translation and interpreter services,* when necessary in connection with employment or participation in an employability service.
( j ) *Case management services,* as defined in § 400.2 of this part, for refugees who are considered employable under § 400.76 and for recipients of TANF and GA who are considered employable, provided that such services are directed toward a refugee's attainment of employment as soon as possible after arrival in the United States.
( k ) Assistance in obtaining Employment Authorization Documents (EADs).
[54 FR 5481, Feb. 3, 1989, as amended at 60 FR 33603, June 28, 1995; 65 FR 15449, Mar. 22, 2000]
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 on Form 10-Q of Achillion Pharmaceuticals, Inc. (the
Company) for the quarter ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Mary Kay Fenton, Chief Financial Officer of the Company, hereby
certifies, pursuant to Section 1350 of Chapter 63 of Title 18, United States Code, that:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                        
|----------------------- |  | -----------------------
|Dated: November 2, 2007 |  | /s/ Mary Kay Fenton    
|                        |  | Mary Kay Fenton        
|                        |  | Chief Financial Officer

A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
# C_2008246EN.01001701.xml

| 27.9.2008 | EN | Official Journal of the European Union | C 246/17 |
| --- | --- | --- | --- |

27.9.2008

EN

Official Journal of the European Union

C 246/17

---

STATE AID — GERMANY

STATE AID — GERMANY

(Articles 87 to 89 of the Treaty establishing the European Community)

Commission notice pursuant to Article 88(2) of the EC Treaty — Withdrawal of notification

State aid C 7/08 (ex N 655/07) — Guarantee scheme of Saxony for investment and working capital loans

(Text with EEA relevance)

(2008/C 246/10)

The Commission has decided to close the formal investigation procedure under Article 88(2) of the EC Treaty, initiated on 13 February 2008 in respect of the measure referred to above, recording that Germany has withdrawn its notification on 29 August 2008 and will not pursue this aid project further.

---
# CE2009294EN.01010901.xml

| 3.12.2009 | EN | Official Journal of the European Union | CE 294/109 |
| --- | --- | --- | --- |

3.12.2009

EN

Official Journal of the European Union

CE 294/109

---

Tuesday 8 July 2008Amendment of Directive 2003/87/EC so as to include aviation activities inthescheme for greenhouse gas emission allowance trading within the Community***II

P6_TA(2008)0333

European Parliament legislative resolution of 8 July 2008 on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (5058/3/2008 — C6-0177/2008 — 2006/0304(COD))

2009/C 294 E/39

(Codecision procedure: second reading)

The European Parliament,

The European Parliament

having regard to the Council common position (5058/3/2008 — C6-0177/2008) (1),

1

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0818),

2

having regard to Article 251(2) of the EC Treaty,

having regard to Rule 62 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0220/2008),

| 1. | Approves the common position as amended; |
| --- | --- |

1.

Approves the common position as amended;

| 2. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

2.

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

---

(1)  OJ C 122 E, 20.5.2008, p. 19.

1

(2)  Texts adopted, 13.11.2007, P6_TA(2007)0505.

2

---

Tuesday 8 July 2008P6_TC2-COD(2006)0304

Position of the European Parliament adopted at second reading on 8 July 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2008/101/EC.)

---
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

EDUARDO PEREZ , Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 22

- 2038

[ March 16, 2023 ]

Appeal from the Circuit Court for the Fift eenth Judicial Circuit, Palm Beach County ; Daliah H. Weiss , Judge; L.T. Case No. 50

- 2019

- CF

008460

- AXXX

- WB

.
Antony P. Ryan, Regional Counsel, and Richard G. Bartmon, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

No appearance r equired for appellee.

P ER C URIAM

.
Affirmed.

D AMOORGIAN , C IKLIN and F ORST , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.