alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7661
NORMAN E. WHITE, Plaintiff - Appellant, versus DENNY P. DOBBINS, JR., Attorney, Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CA-96-859) Submitted: February 13, 1997 Decided: February 27, 1997 Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Norman E. White, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant, a Virginia inmate, app eals the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint under 28 U.S.C.A. § 1915A (West Supp. Sept. 1996, Pamphlet 3). We have reviewed the record and the district court's opinion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. White v. Dobbins , No. CA-96-859 (E.D. Va. Oct. 9, 1996). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of 

Proposed Final Audit Report on Indiana 

Democratic Congressional Victory 

Committee (A08-04) 

CERTIFICATION 

I, Shawn Woodhead Werth, Secretary and Clerk of the Federal Election 

Commission, do hereby certify that on Febmary 23,2011, the Commission 

decided by a vote of 6-0 to approve the Proposed Final Audit Report on Indiana 

Democratic Congressional Victory Committee, as recommended in the Chief 

Compliance Officer and the Audit Division dated Febmary 15,2011. 

Commissioners Bauerly, Hunter, McGahn II, Petersen, Walther, and 

Weintraub voted affirmatively for the decision. 

Attest: 

DaSnf ' Shawn Woodhead Werth 

V Secretary and Clerk of the Commission
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.

§ 153.1600 Equipment required for conducting the stripping quantity test. The operator shall ensure the stripping quantity test is conducted with— ( a ) Equipment that maintains a backpressure of at least 100 kPa (1 atm) (gauge) at the connection of the discharge line of the tank to be tested to the cargo transfer hose, including, but not limited to, piping whose discharge is 10 m above the manifold or a constant pressure valve in the discharge line and set at 100 kPa;
( b ) A container for measuring the volume of water remaining in the tank to an accuracy of ±5%;
( c ) A squeegee or broom to collect standing water on the tank floor;
( d ) One or more containers for collecting and transferring water; and
( e ) One of the following for transferring the water remaining in the tank to the measuring container: ( 1 ) A wet vacuum.
( 2 ) A positive displacement pump.
( 3 ) An eductor with an air/water separator in line.
#### § 94.1 Purpose.

This part promotes objectivity in research by establishing standards that provide a reasonable expectation that the design, conduct, and reporting of research performed under PHS contracts will be free from bias resulting from Investigator financial conflicts of interest.
Case 5:14-cv-14260-JCO-RSW ECF No. 11, PageID.27 Filed 01/15/15 Page 1 of 6
Case 5:14-cv-14260-JCO-RSW ECF No. 11, PageID.28 Filed 01/15/15 Page 2 of 6
Case 5:14-cv-14260-JCO-RSW ECF No. 11, PageID.29 Filed 01/15/15 Page 3 of 6
Case 5:14-cv-14260-JCO-RSW ECF No. 11, PageID.30 Filed 01/15/15 Page 4 of 6
Case 5:14-cv-14260-JCO-RSW ECF No. 11, PageID.31 Filed 01/15/15 Page 5 of 6
Case 5:14-cv-14260-JCO-RSW ECF No. 11, PageID.32 Filed 01/15/15 Page 6 of 6
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 Quarterly Report on Form 10-Q of Achillion
Pharmaceuticals, Inc. (the Company) for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Michael D. Kishbauch, President and Chief
Executive 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: May 4, 2011 |  | /s Michael D. Kishbauch              
|                   |  | Michael D. Kishbauch                 
|                   |  | President and Chief Executive 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.
#### § 121.300 Ground tackle and mooring lines.

A vessel must be fitted with ground tackle and mooring lines necessary for the vessel to be safely anchored or moored. The ground tackle and mooring lines provided must be satisfactory for the size of the vessel, the waters on which the vessel operates, subject to the approval of the cognizant OCMI.
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.                  

###### Legal Services Corporation

# CONTACT PERSON FOR INFORMATION:

Patricia D. Batie, Manager of Board Operations, at (202) 295-1500. 

# Special Needs:

Upon request, meeting notices will be made available in alternate formats to accommodate visual and hearing impairments. Individuals who have a disability and need an accommodation to attend the meeting may notify Patricia D. Batie, at (202) 295-1500. 

Dated: March 9, 2007. 

Victor M. Fortuno, 

Vice President for Legal Affairs, General Counsel & Corporate Secretary. 

[FR Doc. 07-1210 Filed 3-9-07; 4:11 pm] 

BILLING CODE 7050-01-P
# C_2008230EN.01001701.xml

| 9.9.2008 | EN | Official Journal of the European Union | C 230/17 |
| --- | --- | --- | --- |

9.9.2008

EN

Official Journal of the European Union

C 230/17

---

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Modification by Italy of the public service obligation in respect of the scheduled air service between Pantelleria-Trapani

(Text with EEA relevance)

(2008/C 230/11)

In accordance with Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the Italian Government has decided to modify the public service obligation in respect of the scheduled air service between Pantelleria and Trapani which was published in
  Official Journal of the European Union C 112 of 12.5.2006 and amended in
  Official Journal of the European Union C 141 of 26.6.2007.

Official Journal of the European Union

Official Journal of the European Union

In accordance with point 2.4(b) and (c) of the public service obligation, the fares are revised as follows:

| Route | Revised fare (excluding VAT) |
| --- | --- |
| Pantelleria-Trapani or vice versa | EUR 26,00 |

Route

Revised fare (excluding VAT)

Pantelleria-Trapani or vice versa

vice versa

EUR 26,00

The other requirements of the public service obligations published in
  Official Journal of the European Union C 112 of 12.5.2006 remain unchanged.

Official Journal of the European Union

---
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

BIG GUY’S PINBALL, LLC

Case No. 2:14-CV-14185-VAR-RSW

Plaintiff,

Honorable VICTORIA A. ROBERTS

v. U.S. District Judge, Presiding

JIMMY LIPHAM, Honorable R. STEVEN WHALEN

U.S. Magistrate Judge, Referral

Defendant.

 /

ORDER TEMPORARILY STAYING PROCEEDINGS

Counsel for the parties jointly represent to the Court that they have engaged in settlement

negotiations pursuant to two prior Orders (ECF#26 and ECF#28). They further stipulate that such

negotiations have and are continuing to be productive, and that additional time for such negotiations

(temporarily in lieu of additional briefing related to Defendant’s motion, ECF#21/22) would

continue to be a more productive utilization of legal and judicial resources. 

The parties having so stipulated to the form and content herein, it is hereby ORDERED that

further briefing with respect to Defendant’s motion (ECF#21/22) is temporarily STAYED while the

parties continue their settlement negotiations. This stay is effective until (a) either party notifies the

Court and the other party in writing that briefing shall continue, or (b) no later than March 31, 2015. 

In either event Plaintiff’s response to Defendant’s motion (ECF#21/22) shall then be due fourteen

days later, and Defendant may reply. 

 /s/ Victoria A. Roberts 

Honorable VICTORIA A. ROBERTS

Date: 3/2/15 U.S. District Judge, Presiding 

2:14-cv-14185-VAR-RSW Doc # 30 Filed 03/02/15 Pg 1 of 1 Pg ID 251
#### Harriet Arnold, Appellant, *v.*Farmers' Fire Insurance Association of the Towns of Greenville and Durham, in the County of Greene, and Westerlo and Rensselaerville, in the County of Albany, Respondent.

*Arnold*v. *Tanners' Fire Ins. Assn.,*116 App. Div. 60, affirmed.

(Submitted December 7, 1909;

decided January 4, 1910.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 18, 1906, which reversed a judgment in favor of plaintiff entered upon a verdict in an action to reform a policy of fire insurance and to recover upon the policy as reformed.

*Amasa J. Parker, Jr.,*for appellant.

*Danforth E. Ainsworth*and *George L. Rivenburgh*for respondent.

Order affirmed and judgmént absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Yann, Werner, Willard Bartlett and Hisoook, JJ.
No. 6195.

#### J. C. Chance *v.*The State.

Opinion delivered April 5, 1889.

Indictment ob Information fob Theft is fatally defective if it fails to charge directly that the *talcing*of the property was *fraudulent.*Such allegation is not supplied by the subsequent allegations that the taking was with the fraudulent in ent to deprive the owner of the value of the property, and fraudulently to appropriate the same, etc.

Appeal from the County Court of Denton. Tried before the Hon. S. M. Bradley, County Judge.

This conviction was for misdemeanor theft, and the punishment awarded by-the jury was a fine of twenty-five dollars and confinement in the county jail for a period of one month.

The record brings up no statement of facts; nor does the ruling on appeal require a statement of the case.

*Jagoe &*Ponder, for appellant.

*W. L.*Davidson, Assistant Attorney General, for the State.

Willson, Judge.

Theft is the *"fraudulent taking*of corporeal personal property,” etc. (Penal Code, art. 724.) An indictment or information for this offense which does not directly charge that th *e taking*of the property was *fraudulent*is fatally defective. A failure to so charge is not supplied by the allegations that the property was taken with the fraudulent intent to deprive the owner of the value of it, and with the fraudulent intent to appropriate, etc. (Willson’s Cr. Stat., sec. 1254.) In this case the information does not allege that the property was *fraudulently taken,*and the defendant’s motion in arrest of judgment based upon such defect should have been sustained; wherefore the judgement is reversed and the prosecution is dismissed.

*Reversed and*dismissed.
<PAGE>

                                                                      EXHIBIT 31

                    Rule 13a-14(a)/15(d)-14(a) Certification

I, Michael P. Muldowney, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Nextera Enterprises,
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 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. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and have:

a) designed such disclosure controls and procedures, or caused such disclosures
controls and procedures to be designed under my supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to me by others within those entities, particularly
during the period in which this report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report my conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonable likely to materially affect, the
registrant's internal control over financial reporting; and

5. I have disclosed, based on my 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
functions):

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

  Date: April 29, 2005

                                          By: /s/ Michael P. Muldowney
                                              ----------------------------------
                                          President and Chief Financial Officer
                                          (Principal Executive Officer and
                                          Principal Financial Officer)
§ 141.350 Immersion suits. ( a ) Except as provided in paragraph (a)(4) of this section, each towing vessel operating north of lat. 32° N. or south of lat. 32° S. must carry the number of immersion suits as prescribed in this paragraph (a): ( 1 ) Each towing vessel operating in those regions must carry at least one appropriate-size immersion suit, approved under approval series 160.171, for each person onboard.
( 2 ) In addition to the immersion suits required under paragraph (a)(1) of this section, each watch station, work station, and industrial work site must have enough immersion suits to equal the number of persons normally on watch in, or assigned to, the station or site at one time. However, an immersion suit is not required at a station or site for a person whose cabin or berthing area (and the immersion suits stowed in that location) is readily accessible to the station or site.
( 3 ) Where alternative means are used to meet the requirements of this section, as permitted by § 141.225, there must be at least one immersion suit of the appropriate size for each person onboard. Any TSMS applicable to the towing vessel must specify the number and location of immersion suits in such a manner as to facilitate immediate accessibility at normally occupied spaces including, but not limited to, accommodation spaces and watch stations.
( 4 ) A towing vessel operating on rivers or in a limited geographic area is not required to carry immersion suits.
( b ) Immersion suits carried on towing vessels must meet the requirements of § 199.70(c) and (d) of this chapter.
§ 131.935 Prevention of oil pollution. Each vessel must be operated in compliance with— ( a ) Section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321); and
( b ) 33 CFR parts 151, 155, and 156.
§ 108.131 Definitions. ( a ) *Standard Fire Test* means the test in which specimens of the relevant bulkheads or decks, having a surface of approximately 4.65 square meters (50 square feet) and a height of 2.44 meters (8 feet) resembling as closely as possible the intended construction and including, where appropriate, at least one joint, are exposed in a test furnace to a series of temperature relationships approximately as follows: ( 1 ) At the end of 5 minutes—538 °C. (1,000 °F.)
( 2 ) At the end of 10 minutes—704 °C. (1,300 °F.)
( 3 ) At the end of 30 minutes—843 °C. (1,550 °F.)
( 4 ) At the end of 60 minutes—927 °C. (1,700 °F.).
( b ) Bulkheads and decks are defined and classed as follows: ( 1 ) *A class bulkhead or deck* means a bulkhead or deck that— ( i ) Is made of steel or other equivalent material; and
( ii ) Prevents the passage of flame and smoke for 60 minutes if subjected to the standard fire test.
( 2 ) *A 60 bulkhead or deck* means an A class bulkhead or deck that— ( i ) Is insulated with approved insulation, bulkhead panels, or deck covering;
( ii ) If subjected to the standard fire test for 60 minutes, has an average temperature rise on the unexposed side of the insulated bulkhead or deck of less than 139 °C. (250 °F.) above the temperature before the standard fire test and has a temperature rise at any point on the unexposed surface, including any joint, of less than 180 °C. (325 °F.) above the temperature before the standard fire test.
( 3 ) *B class bulkhead or deck* means a bulkhead or deck that— ( i ) Is made of approved noncombustible material;
( ii ) Prevents flame from passing through it for 30 minutes if subjected to the standard fire test.
( 4 ) *C class bulkhead or deck* means a bulkhead or deck made of approved noncombustible material.
( c ) *Equivalent material* means a material that by itself or with insulation has smoke and fire retardant properties equal to that of the steel required for “A” or “B” class bulkheads or decks and has structural qualities equivalent to steel at the end of the applicable fire exposure.
( d ) *Approved material* means a material approved under one of the following subparts of Subchapter Q of this chapter: ( 1 ) Deck coverings, Subpart 164.006.
( 2 ) Structural insulation, Subpart 164.007.
( 3 ) Bulkhead panel, Subpart 164.008.
( 4 ) Noncombustible materials, Subpart 164.009;
( 5 ) Interior finishes, Subpart 164.012.
( e ) *Stairtower* means a stairway that penetrates more than one deck within the same enclosure, or two or more stairways that— ( 1 ) Are arranged vertically one above the other; or
( 2 ) Penetrate both the deck and the overhead within the same enclosure.
( f ) *Accommodation space* includes, sleeping, mess, hospital, recreational, toilet, washing and shower spaces, and corridors.
<PAGE>

                                                                    EXHIBIT 99.2

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

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

         Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Nextera Enterprises, Inc.
(the "Company") hereby certifies, to such officer's knowledge, that:

         (i)      the accompanying Quarterly Report on Form 10-Q of the Company
     for the quarterly period ended March 31, 2003 (the "Report") fully complies
     with the requirements of Section 13(a) or Section 15(d), as applicable, of
     the Securities Exchange Act of 1934, as amended; and

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

Dated: May 12, 2003                 /s/ Michael P. Muldowney
                                    -----------------------------------
                                           Michael P. Muldowney
                                           Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to Nextera Enterprises, Inc. and will be retained by Nextera
Enterprises, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.
§ 15.820 Chief engineer. ( a ) There must be an individual holding an MMC or license endorsed as chief engineer or other credential authorizing service as chief engineer employed onboard the following mechanically propelled inspected vessels: ( 1 ) Seagoing or Great Lakes vessels of 200 GRT and over;
( 2 ) Offshore supply vessels of more than 200 GRT;
( 3 ) Inland (other than Great Lakes) vessels of 300 GRT or more, if the OCMI determines that an individual with a license or the appropriate MMC officer endorsement responsible for the vessel's mechanical propulsion is necessary.
( b ) On vessels subject to STCW, the individual meeting the requirement of this section must also hold an STCW endorsement as chief engineer with the appropriate propulsion power for the vessel upon which he or she is operating, except as noted in § 15.105(g) of this part for vessels on domestic near-coastal voyages.
( c ) An individual engaged or employed to perform the duties of chief engineer on a mechanically propelled, uninspected, seagoing, documented vessel of 200 GRT or more must hold an appropriately endorsed license or MMC authorizing service as a chief engineer.
[CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-2006-24371, 74 FR 11262, Mar. 16, 2009; USCG-2004-17914, 78 FR 78007, Dec. 24, 2013]