alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# CE2010015EN.01012702.xml

| 21.1.2010 | EN | Official Journal of the European Union | CE 15/127 |
| --- | --- | --- | --- |

21.1.2010

EN

Official Journal of the European Union

CE 15/127

---

Tuesday 21 October 2008Community statistics on trade between Member States ***I

P6_TA(2008)0501

European Parliament legislative resolution of 21 October 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member States (COM(2008)0058 — C6-0059/2008 — 2008/0026(COD))

2010/C 15 E/38

(Codecision procedure: first reading)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0058),

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0059/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0348/2008),

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

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

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

---

Tuesday 21 October 2008P6_TC1-COD(2008)0026

Position of the European Parliament adopted at first reading on 21 October 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member States

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 222/2009.)

---
###### 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.

#### § 153.1504 Inspection of personnel emergency and safety equipment.

The master shall ensure that the personnel emergency and safety equipment required by § 153.214 is inspected each 30 days and found to be in good condition and operating properly.
EX 32-01


CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND ACTING CHIEF FINANCIAL OFFICER
(Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002),

I, Harry Masuda, Chief Executive Officer and Acting Chief Financial Officer of
Human BioSystems. (the "Registrant"), do hereby certify in accordance with 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, based on my knowledge:

(1)  the Quarterly Report on Form 10-QSB of the Registrant for the period ended
September 30, 2004, to which this certification is attached as an exhibit (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 Registrant.


Dated: November 15, 2004


/s/ Harry Masuda
-----------------
Harry Masuda
Chief Executive Officer and
Acting Chief Financial Officer
EXHIBIT 99.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In  connection  with  the  Quarterly  Report  of  AgroCan  Corporation (the
"Company") on Form 10-QSB for the period ending March 31, 2003 as filed with the
Securities  and  Exchange  Commission on the date hereof (the "Report"), I, Carl
Yuen, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.
1350,  as  adopted  pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, 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  result of operations of the
Company.



/s/ Carl Yuen

----------------------------
Carl Yuen
Chief Financial Officer
April 25, 2003


                                       21
<PAGE>
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<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                      15,254,042
<SECURITIES>                                         0
<RECEIVABLES>                                3,761,984
<ALLOWANCES>                                   100,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            20,813,145
<PP&E>                                       3,319,929
<DEPRECIATION>                                 765,203
<TOTAL-ASSETS>                              23,757,052
<CURRENT-LIABILITIES>                        2,645,045
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,434
<OTHER-SE>                                  21,105,573
<TOTAL-LIABILITY-AND-EQUITY>                23,757,052
<SALES>                                              0
<TOTAL-REVENUES>                            12,451,826
<CGS>                                                0
<TOTAL-COSTS>                                3,699,316
<OTHER-EXPENSES>                             9,999,110
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (39,454)<F1>
<INCOME-PRETAX>                            (1,207,146)
<INCOME-TAX>                                       800
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,207,946)
<EPS-PRIMARY>                                   (0.21)
<EPS-DILUTED>                                   (0.21)
<FN>
<F1>NET OF INTEREST (INCOME)
</FN>
        

</TABLE>
THIRD DEPARTMENT.

GENERAL TERMS, NOVEMBER AND DECEMBER, 1874.

#### Bates v. Merrick.

*Pleading—complaint in action on undertaking*— *what allegations sufficient*— *irregular judgment—joint liability—principal and surety*— *Estoppel.*

A complaint alleged that by reason of the false representations of defendant, plaintiffs were induced to sign an undertaking on an appeal by defendant, from the judgment of the Supreme Court of the State of New York, which appeal was to the Court of Appeals, and referred to the undertaking, which mentioned a judgment recovered in the Supreme Court, general term. *Held,*a sufficient averment that the j udgment was recovered in a court in the State of New York.

The complaint alleged that the undertaking was duly filed and accepted, and was used as a sufficient undertaking on said appeal, and stayed all proceedings on the judgment appealed from, and that said judgment appealed from was affirmed in all things. *Held,*that this was sufficient to show that the appeal was perfected, and every thing that the law required done. The facts showing an affirmance of the judgment were not required; it was sufficient to allege that it was affirmed. *Held,*also, that the undertaking being accepted, and operating to stay proceedings, defendant was estopped from questioning its validity.

It was alleged that upon a remittitur from the Court of Appeals, a judgment was entered in the Onondaga clerk’s office against the defendant; that thereupon plaintiffs, upon the undertaking, became jointly liable with defendant to pay said judgment; that plaintiffs were compelled by the undertaking to, and did pay a sum named and that the payment was made jointly. *Held,*that (1) the objection that the judgment was not regularly entered could not be raised by demurrer in this action, and that (2) the complaint stated facts sufficient to charge defendant with a liability to plaintiffs jointly.

Appeal by defendants from an order at the special term, overruling a demurrer to the complaint.

The action was brought in Cortland county by Joseph T. Bates and Jacob Krebbs against Charles A. Merrick, to recover for an alleged fraud perpetrated by defendant upon the plaintiffs, by inducing them to become sureties upon an undertaking upon an appeal to the Court of Appeals. The defendant interposed a demurrer to the complaint.

*M. M. Waters,*for appellant.

*702
      *Bouton & Champlin,*for respondents.

Miller, P. J.

The head-note states all that is material in the opinion.

*Order affirmed.*
§ 900.102 Environmental policy. It is the policy of the Commission to: ( a ) Comply with the procedures and policies of NEPA and other related environmental laws, regulations, and orders applicable to Commission actions;
( b ) Provide guidance to applicants responsible for ensuring that proposals comply with all appropriate Commission requirements;
( c ) Integrate NEPA requirements and other planning and environmental review procedures required by law or Commission practice so that all such procedures run concurrently rather than consecutively;
( d ) Encourage and facilitate public involvement in Commission decisions that affect the quality of the human environment;
( e ) Use the NEPA process to identify and assess reasonable alternatives to proposed Commission actions to avoid or minimize adverse effects upon the quality of the human environment;
( f ) Use all practicable means consistent with NEPA and other essential considerations of national policy to restore or enhance the quality of the human environment and avoid, minimize, or otherwise mitigate any possible adverse effects of the Commission's actions upon the quality of the human environment; and
( g ) Consider and give important weight to factors including customary and traditional uses of resources, recreation, and the objectives of Federal, regional, State, local and tribal land use plans, policies, and controls for the area concerned in developing proposals and making decisions in order to achieve a proper balance between the development and utilization of natural, cultural and human resources and the protection and enhancement of environmental quality (see NEPA section 101 and 40 CFR 1508.14). In particular the Commission will consider potential effects on subsistence activities, which are critically important to the daily existence of Alaska Native villages.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

LIBERTARIAN NATIONAL COMMITTEE, 

INC.,

Plaintiff,

v.

FEDERAL ELECTION COMMISSION,

Defendant.

Civil Action No. 16-121 (BAH)

Chief Judge Beryl A. Howell

ORDER

Upon consideration of the defendant Federal Election Commission’s Motion to Dismiss, 

ECF No. 9, the related legal memoranda in support and in opposition, the exhibits and 

declarations related thereto, and the entire record herein, for the reasons set forth in the 

accompanying Memorandum Opinion, it is hereby

ORDERED that the defendant’s Motion to Dismiss is DENIED; and it is further

ORDERED that the parties file jointly, by January 23, 2017, a proposed order to govern 

further proceedings in this matter. See Standing Order ¶ 3, ECF No. 4

SO ORDERED.

Date: January 3, 2017

__________________________

BERYL A. HOWELL

Chief Judge

Case 1:16-cv-00121-BAH Document 20 Filed 01/03/17 Page 1 of 1
§ 60.17 Information which hospitals must request from the National Practitioner Data Bank. ( a ) *When information must be requested.* Each hospital, either directly or through an authorized agent, must request information from the NPDB concerning a health care practitioner, as follows: ( 1 ) At the time a health care practitioner applies for a position on its medical staff (courtesy or otherwise) or for clinical privileges at the hospital; and
( 2 ) Every 2 years for any health care practitioner who is on its medical staff (courtesy or otherwise) or has clinical privileges at the hospital.
( b ) *Failure to request information.* Any hospital which does not request the information as required in paragraph (a) of this section is presumed to have knowledge of any information reported to the NPDB concerning this health care practitioner.
( c ) *Reliance on the obtained information.* Each hospital may rely upon the information provided by the NPDB to the hospital. A hospital shall not be held liable for this reliance unless the hospital has knowledge that the information provided was false.
[78 FR 20484, Apr. 5, 2013, 78 FR 25860, May 6, 2013]
#### § 112.01-5 Manual emergency lighting and power system.

A manual emergency lighting and power system is one in which a single manual operation, such as the manual operation of a switch from an “off” to an “on” position, is necessary to cause the emergency power source to supply power to the emergency loads.
§ 108.500 General. ( a ) Each unit, other than a drillship, must meet the requirements in this subpart.
( b ) Each drillship must meet the lifesaving system requirements in subchapter W of this chapter for a tank vessel certificated to carry cargoes that have a flash point less than 60 °C as determined under ASTM D 93 (incorporated by reference, see § 108.101).
( c ) The OCMI may require a unit to carry specialized or additional lifesaving equipment other than as required by this part, if the OCMI determines the conditions of the unit's service present uniquely hazardous circumstances which are not adequately addressed by existing requirements.
[CGD 84-069, 61 FR 25291, May 20, 1996, as amended at 63 FR 52814, Oct. 1, 1998; USCG-1999-5151, 64 FR 67182, Dec. 1, 1999]
<TABLE> <S> <C>

<ARTICLE>                              5
       
<S>                                    <C>                      <C>
<PERIOD-TYPE>                                3-MOS                      YEAR
<FISCAL-YEAR-END>                      DEC-31-1999               DEC-31-1998
<PERIOD-START>                         JAN-01-1999               JAN-01-1998
<PERIOD-END>                           MAR-31-1999               MAR-31-1998
<CASH>                                       22898                     35470
<SECURITIES>                                     0                         0
<RECEIVABLES>                                  513                       898
<ALLOWANCES>                                     0                         0
<INVENTORY>                                      0                         0
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<PP&E>                                           0                         0
<DEPRECIATION>                                   0                         0
<TOTAL-ASSETS>                               24296                     37253
<CURRENT-LIABILITIES>                            0                         0
<BONDS>                                          0                         0
<COMMON>                                      4588                      4588
<PREFERRED-MANDATORY>                            0                         0
<PREFERRED>                                      0                         0
<OTHER-SE>                                   19708                     32665
<TOTAL-LIABILITY-AND-EQUITY>                 24296                     37253
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<INCOME-PRETAX>                             (12957)                     (302)
<INCOME-TAX>                                     0                         0
<INCOME-CONTINUING>                         (12957)                     (302)
<DISCONTINUED>                                   0                         0
<EXTRAORDINARY>                                  0                         0
<CHANGES>                                        0                         0
<NET-INCOME>                                (12957)                     (302)
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<EPS-DILUTED>                                    0                         0
        


</TABLE>
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                         INDEPENDENT AUDITORS' CONSENT
 
   
     We consent to the incorporation by reference in Registration Statement No.
333-03727 on Form S-8/S-3, and Registration Statement Nos. 333-33901 and
333-47173 on Form S-8 of our report dated February 11, 1998 appearing in this
Annual Report on Form 10-K of VitalCom Inc. for the year ended December 31,
1997.
    
 
   
                                          /s/ DELOITTE & TOUCHE LLP
    
                                          --------------------------------------
 
Deloitte & Touche LLP
Costa Mesa, California
   
March 25, 1998
2:13-cv-03337-PMD-BHH Date Filed 01/06/14 Entry Number 13 Page 1 of 12
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2:13-cv-03337-PMD-BHH Date Filed 01/06/14 Entry Number 13 Page 12 of 12
EXHIBIT 32.1





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 magicJack VocalTec Ltd. (the “Company”) on Form 10-K for the period ended December 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, Daniel Borislow, Chief Executive Officer of the Company, and Peter Russo, Chief Financial Officer and Treasurer 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, to our knowledge, 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.




/s/ Daniel Borislow


Daniel Borislow


Chief Executive Officer





/s/ Peter Russo


Peter Russo


Chief Financial Officer and Treasurer




Dated: March 15, 2012
Filed 8/22/16 P. v. Cebreros CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

JOSE GUADALUPE CEBREROS,

Defendant and Appellant. H043131

(Monterey County

Super. Ct. No. CR13817)

Defendant Jose Guadalupe Ce breros challenges the superior court’s denial of his

Penal Code section 1170.18 petition

. 1 His petition sought to redesignate his 1988

possession of cocaine (Health & Saf. C ode, § 11350) conviction as a misdemeanor. The

court denied his petition on the ground that the 1988 conviction was ineligible for

redesignation under section 1170.18 because defendant had already obtained relief as to

the 1988 conviction under section 12 03.4. Section 1203.4 permits a trial court to grant

relief from some, but not all, of the consequences of a conviction where a defendant has

successf ully completed probation . The Attorney General concedes that the basis for the

superior court’s denial of defendant’ s petition was incorrect. W e agree and reverse the

order.

1 Subsequent statutory references are to the Penal Code unless otherwise specified.2 I. Background

In 1988, d efendant was charged by information with felony possession of cocaine

for sale (Health & Saf. Code, § 11352). He subsequently pleaded guilty to felony

posse ssion of cocaine and was granted probation

. In 1998, defendant sought relief under

section 1203.4. The court granted him relief under section 1203.4.

In August 2015, defendant filed a petition under section 1170.18 for redesignation

of his 1988 conviction as a misdemeanor. The prosecution opposed his petition and

contended that the court lacked “jurisdiction” because defendant had already been

granted relief under section 1203.4. The court denied defendant’s petition on the ground

that “[t]he offense is not eligible for the requested relief” because “ [t]his conviction has

already been dismissed.” Defendant timely filed a notice of appeal from the cour t’s

order.

II. Analysis

This court held in People v. Tidwell (2016) 246 Cal.App.4th 212 ( Tidwell ) that the

fact that a defendant has been granted relief from some of the consequences of a felony

conviction under section 1203.4 does not mean that the conviction is ineligible for

redesignation as a misdemeanor under section 1170.18. ( Tidwell , at p p

. 218

- 220 .) We

agree and therefore accept the Attorney General’s concession.

III. Disposition

The order denying the petition is reversed, and the matter is remanded to the

superior court for consideration of the merits of defendant’s petition.3 _______________________________ Mihara, J.

WE CONCUR:

_____________________________ Elia, Acting P. J.

_____________________________ Bamattre

- Manoukian , J.
§ 111.05-23 Location of ground indicators. Ground indicators must: ( a ) Be at the vessel's ship's service generator distribution switchboard for the normal power, normal lighting, and emergency lighting systems;
( b ) Be at the propulsion switchboard for propulsion systems; and
( c ) Be readily accessible.
( d ) Be provided (at the distribution switchboard or at another location, such as a centralized monitoring position for the circuit affected) for each feeder circuit that is isolated from the main source by a transformer or other device.
Note to paragraph ( d
):
An alarm contact or indicating device returned to the main switchboard via a control cable, that allows the detecting equipment to remain near the transformer or other isolating device for local troubleshooting, is allowed.
[CGD 74-125A, 47 FR 15236, Apr. 8, 1982, as amended by CGD 94-108, 61 FR 28276, June 4, 1996; 62 FR 23907, May 1, 1997]