alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
MEMORANDUM

TO: Cement NESHAP Reconsideration Docket
FROM: Steven Silverman, Attorney OGC
RE: Consideration of Proposed Clarifications to NHSM Rule
Dated: January 25, 2012 In determining which kilns should be classified as CISWI and which as cement kilns, EPA studied the pending proposal to amend certain provisions of the N on

- H azardous S econdary M aterial s rule and does not see anything in those amendments which would alter t he conclusions in the April 25, 2011 memorandum (finding that there are 24 CISWI kilns, based on the promulgated NHSM rule) . EPA is not proposing to fundamentally change the NHSM rule. Rather, as EPA stated, “the purpose of the [] proposed amendments is t o clarify several provisions in order to implement the Non

- Hazardous Secondary Materials rule as the Agency originally intended”. 76 FR at 80452/1 (December 23, 2011). Nor is EPA accepting comment on any issues other than the narrow ones raised in the no tice. 76 FR at 80469/3 (“The Agency is not reopening the entire rule for reconsideration and will not respond to comments directed toward rule provisions that are not specifically identified in this proposal

. ”)

. Since any amendments would clarify the exi sting rule as already intended, the existing rule can continue to be applied in the NESHAP reconsideration process. EPA has also carefully scrutinized the proposal and sees no aspect that would change the count of incinerators set out in the April 25, 201 1 memorandum. 1 Thus, EPA is not now conducting a parallel rulemaking which will necessarily change some cement kilns’ classification. Rather, EPA is considering clarifications which are unlikely to have any such effect.

1 For example, EPA proposed to clarify that clean cellulosic biomass and clean construction and demolition wood are not solid wastes when burned for energy recovery and that unused, off

- specification tires are not w astes when burned for energy recovery. EPA’s analysis underlying its April 25, 2011 memorandum already reflects that these

non

- hazardous secondary materials are not wastes when burned by cement kilns for energy recovery.
#### PALM BEACH COUNTY CHAPTER OF PAINTING AND DECORATING CONTRACTORS OF AMERICA, INC., a Florida corporation not for profit, et al., Appellants, v. PAINTERS PALM COAST DISTRICT COUNCIL NO. 76, BROTHERHOOD OF PAINTERS AND ALLIED TRADES, an unincorporated association, et al., Appellees.

No. 73-18.

District Court of Appeal of Florida, Fourth District.

Oct. 12, 1973.

Rehearing Denied Dec. 5, 1973.

PER CURIAM.

Affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 28, 1996 AND THE CONSOLIDATED
STATEMENTS OF OPERATIONS FOR THE PERIOD ENDED SEPTEMBER 28, 1996 FOR GENRAD,
INC. AND SUBSIDIARIES AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
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<INTEREST-EXPENSE>                               1,079
<INCOME-PRETAX>                                  5,310
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<EPS-PRIMARY>                                     $.21
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</TABLE>
#### Alton HOGAN, Appellant, v. STATE of Florida, Appellee. F. M. MELTON, Appellant, v. STATE of Florida, Appellee.

Nos. M-252, M-310.

District Court of Appeal of Florida, First District.

April 28, 1970.

PER CURIAM.

Affirmed.
#### ORANGE MOTORS OF MIAMI, INC., a Florida corporation, Appellant, v. Cathie V. WOLF, Appellee.

No. 72-1344.

District Court of Appeal of Florida, Third District.

Sept. 18, 1973.

Rehearing Denied Nov. 8, 1973.

Shalle Stephen Fine, Miami, for appellant.

Irving Mark Wolff, Miami, for appellee.

Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.

*423PER CURIAM.

Affirmed. See Enix v. Diamond T. Sales & Service Co., Fla.App.1966, 188 So.2d 48. See also Posey v. Pensacola Tractor & Equipment Company, Fla.App.1962, 138 So.2d 777, 780.
No. 10492.

#### The Wheeling & Lake Erie Railroad Co. *v.*Parker, Admr.

Decided October 27, 1908.

Error to the Circuit Court of Huron county.

*Mr. Stephen M. Young*and *Messrs. Squire, Sanders & Dempsey,*for plaintiff in error.

*Mr. A. V. Andrews*and *Mr. W. R. Pruner,*for defendant in error.

Judgment affirmed.

Price, C. J., Crew, Summers, Spear and Davis, JJ., concur.
EX-4.1





 Exhibit 4.1 
  





 
 DATE OF ISSUE CERTIFICATE IFICATE NUMBER RUNfl PR. NO. REGISTER NUMBER OF SHARE(S) Bai du EPA Baidu, Inc. (A company controlled through
weighted voting rights and incorporated in the Cayman Islands with limited liability) CLASS A SHARE CERTIFICATE HONG KONG SHARE REGISTER THIS IS TO CERTIFY THAT THE UNDERMENTIONED PERSON(S) IS/ARE THE REGISTERED HOLDER(S) OF FULLY PAID CLASS A
ORDINARY SHARE(S) OF NOMINAL VALUE US$0.000000625 PER SHARE IN THE SHARE CAPITAL OF BAIDU, INC. (THE COMPANY ) AS DETAILED BELOW SUBJECT TO THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY. CODE: NUMBER OF SHARE(S): GIVEN UNDER THE
SECURITIES SEAL OF THE COMPANY ON THE DATE OF ISSUE STATED ABOVE. DIRECTOR NO TRANSFER OF THE WHOLE OR ANY PORTION OF THE ABOVE SHARE(S) CAN BE REGISTERED UNLESS ACCOMPANIED BY THIS SHARE CERTIFICATE. HONG KONG SHARE REGISTRAR: COMPUTERSHARE HONG
KONG INVESTOR SERVICES LIMITED, SHOPS 1712-1716, 17TH FLOOR, HOPEWELL CENTRE, 183 QUEEN S ROAD EAST, WANCHAI, HONG KONG. (omputershare
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-20906 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSEPH SHANE MASSERANO, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-92-CR-225-1

- - - - - - - - - - June 24, 1999 Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM: * Joseph Shane Masserano, Texas prisoner # 60109-079, appeals the district court’s Order of Dismissal denying his Motion to Dismiss for lack of jurisdiction and the court’s denial of his Motion for Reconsideration. This Court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). An examination of the record in this case disclosesNo. 98-20906 - 2 - that no final judgment has been entered as a separate document as required by F ED . R. C IV . P. 58. In an order entered on June 18, 1998, the district court granted the Government’s motion to dismiss and denied Masserano’s motion to dismiss. Thereafter, on July 17, 1998, Masserano filed a motion for reconsideration. On September 4, 1998, the district court entered an order denying the motion for reconsideration. On September 16, 1998, Masserano filed a motion to proceed in forma pauperis on appeal and on October 1, 1998, he filed a notice of appeal. If we were to treat the June 18th order as a Rule 58 judgment, Masserano’s notice of appeal would be untimely because it was filed more than 60 days after entry of the order of dismissal. See F ED . R. A PP . P. 4(a)(1)(B); Baker v. Mercedes Benz of North America , 114 F.3d 57, 61 (5th Cir. 1997). Therefore, we DISMISS the appeal. See Townsend v. Lucas , 745 F.2d 933, 934 (5th Cir. 1984). Masserano may rectify the lack of a separate document judgment by a motion to the district court for entry of judgment. After entry of the judgment, he may appeal within the time prescribed by Rule 4(a)(1)(B).
APPEAL DISMISSED.
IV

103D CONGRESS

1ST SESSION H. RES. 80

Providing amounts from the contingent fund of the House for expenses

of investigations and studies by the Committee on Foreign Affairs in

the first session of the One Hundred Third Congress.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 16, 1993

Mr. HAMILTON submitted the following resolution; which was referred to the

Committee on House Administration

RESOLUTION

Providing amounts from the contingent fund of the House

for expenses of investigations and studies by the Committee on Foreign Affairs in the first session of the One

Hundred Third Congress.

1 Resolved, That for expenses of investigations and

2 studies by the Committee on Foreign Affairs (hereinafter

3 in this resolution referred to as the ‘‘Committee’’), there

4 shall be paid out of the contingent fund of the House not

5 more than $4,201,658.

6 SEC. 2. Payments under this resolution shall be made

7 on vouchers authorized by the Committee, signed by the
2

HRES 80 IH

1 Chairman of the Committee, and approved by the Commit2 tee on House Administration.

3 SEC. 3. Amounts shall be available under this resolu4 tion for investigations and studies carried out during the

5 period beginning at noon on January 3, 1993, and ending

6 immediately before noon on January 3, 1994.

7 SEC. 4. Amounts made available under this resolution

8 shall be expended in accordance with regulations pre9 scribed by the Committee on House Administration.

Æ
#### Nicholas R. LoPiano et al., Respondents, v Bruce Mindich et al., Appellants, et al., Defendant.

[655 NYS2d 555]

In an action, *inter alia,*to recover damages for medical malpractice, the defendants Bruce Mendich and Bruce Mendich, M.D., P. C., appeal from so much of an order of the Supreme Court, Suffolk County (Tannenbaum, J.), dated January 29, 1995, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The injured plaintiff Nicholas LoPiano underwent coronary bypass surgery at the defendant St. Luke’s-Roosevelt Hospital Center in January 1993. It is undisputed that the defendant Dr. Bruce Mindich performed the surgical procedure and that LoPiano developed a post-operative sternal wound infection. LoPiano and his wife commenced this action against the hospital and the appellants herein, Dr. Mindich and his medical practice, to recover damages for injuries allegedly sustained as a result of the defendants’ negligence.

*416In their separate motions for summary judgment, the appellants and the defendant St. Luke’s-Roosevelt Hospital Center established prima facie that there was no departure from accepted sterile techniques and standards during the course of the surgical procedure. The evidence submitted by the plaintiffs established, at best, that while LoPiano was being prepared for surgery in a nearby staging area, unidentified hospital personnel with surgical garments on their heads and feet walked out of the operating room to the bathroom, and then returned to the operating room with residue from the bathroom floor on their feet. The plaintiffs failed to submit any evidence of wrongdoing by the appellants, and there is no basis for imposing liability on them based on the conduct of the hospital staff *(see, Striano v Deepdale Gen. Hosp., 54*AD2d 730). Furthermore, there is no indication that the plaintiffs attempted to ascertain facts which would give rise to triable issues *(see, Meath v Mishrick,*68 NY2d 992; *Delaney v Good Samaritan Hosp.,*204 AD2d 678; *Rodriguez v City of New York,*144 AD2d 352, 354).

The Supreme Court therefore erred in denying the appellants’ motion for summary judgment dismissing the complaint insofar as asserted against them. Ritter, J. P., Pizzuto, Altman and Krausman, JJ., concur.
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# August 2021
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Page 32073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14822]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 2055]


Reorganization of Foreign-Trade Zone 157 Under Alternative Site 
Framework; Casper, Wyoming

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for ``. . . the 
establishment . . . of foreign-trade zones in ports of entry of the 
United States, to expedite and encourage foreign commerce, and for 
other purposes,'' and authorizes the Foreign-Trade Zones Board to grant 
to qualified corporations the privilege of establishing foreign-trade 
zones in or adjacent to U.S. Customs and Border Protection ports of 
entry;
    Whereas, the Board adopted the alternative site framework (ASF) (15 
CFR Sec. 400.2(c)) as an option for the establishment or reorganization 
of zones;
    Whereas, the Casper/Natrona County International Airport, grantee 
of Foreign-Trade Zone 157, submitted an application to the Board (FTZ 
Docket B-8-2017, docketed January 17, 2017) for authority to reorganize 
under the ASF with a service area that includes a portion of Natrona 
County, Wyoming, and FTZ 157's existing Sites 1 and 2 would be 
categorized as magnet sites;
    Whereas, notice inviting public comment was given in the Federal 
Register (82 FR 8506-8507, January 26, 2017) and the application has 
been processed pursuant to the FTZ Act and the Board's regulations; 
and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
the Board's regulations are satisfied;
    Now, therefore, the Board hereby orders:
    The application to reorganize FTZ 157 under the ASF is approved, 
subject to the FTZ Act and the Board's regulations, including Section 
400.13, to the Board's standard 2,000-acre activation limit for the 
zone, and to an ASF sunset provision for magnet sites that would 
terminate authority for Site 2 if not activated within five years from 
the month of approval.

    Dated: July 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance Alternate Chairman, 
Foreign-Trade Zones Board.
[FR Doc. 2018-14822 Filed 7-10-18; 8:45 am]
 BILLING CODE 3510-DS-P
Calendar No. 119

103D CONGRESS

1ST SESSION S. 1006

[Report No. 103–78]

A BILL

To authorize a certificate of documentation for the

vessel Arbitrage II.

JUNE 29 (legislative day, JUNE 22), 1993

Reported without amendment
II

Calendar No. 119

103D CONGRESS

1ST SESSION S. 1006

[Report No. 103–78]

To authorize a certificate of documentation for the vessel Arbitrage II.

IN THE SENATE OF THE UNITED STATES

MAY 20 (legislative day, APRIL 19), 1993

Mr. HOLLINGS introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

JUNE 29 (legislative day, JUNE 22), 1993

Reported by Mr. HOLLINGS, without amendment

A BILL

To authorize a certificate of documentation for the vessel

Arbitrage II.

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

3 That notwithstanding sections 12106, 12107, and 12108

4 of title 46, United States Code, and section 27 of the Mer5 chant Marine Act, 1920 (46 App. U.S.C. 883), as applica6 ble on the date of enactment of this Act, the Secretary

7 of Transportation may issue a certificate of documentation
2

S 1006 RS

1 for the vessel Arbitrage II, United States official number

2 962861.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 518 Engrossed in House (EH)]

H. Res. 518

                In the House of Representatives, U. S.,

                                                       August 12, 1994.
    Resolved, That Senate amendment No. 83 to the bill H.R. 4554 making 
appropriations for Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies programs for the fiscal year ending September 30, 1995, and 
for other purposes, in the opinion of this House, contravenes the first clause 
of the seventh section of the first article of the Constitution of the United 
States and is an infringement of the privileges of this House and that such bill 
with the Senate amendments thereto be respectfully returned to the Senate with a 
message communicating this resolution.
            Attest:

                                                                          Clerk.
```
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

L.S., the father

, Appellant,

v.

DEPARTMENT OF CHILDREN AND FAMILIES , Appellee

.

No. 4D 17

- 3631

[ March 2, 2018 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Kirk C. Volker , Judge; L.T. Case No. 50

- 2016

- DP

- 000444

- XXXX

- MB

.
Andrew A. Holness of Law Offices of Andrew A. Holness, for appellant.

Meredith K. Hall of Children’s Legal Services, Bradenton, for appellee.

P ER C URIAM

.
Affirmed.

L EVINE , C ONNER and F ORST , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
----

|   | 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| June 7, 2011                               |   |   |
|--------------------------------------------|--------|--------|
|                                       |   |   |
|                                       |   |   |
|  /s/ DAVID WAGENSELLER                |   |   |
|                                       |   |   |
| David Wagenseller                          |   |   |
|                                       |   |   |
| Vice President and Chief Financial Officer |   |   |

----
Order entered April 16, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00251-CR

BRYAN KEITH ARELLANES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court

Collin County, Texas

Trial Court Cause No. 219-82219-2013

ORDER

The Court GRANTS court reporter Susan Jane Lindley’s April 14, 2015 motion for 

extension of time to file the reporter’s record.

We ORDER Ms. Lindley to file the reporter’s record within THIRTY (30) DAYS from 

the date of this order.

/s/ ADA BROWN 

JUSTICE