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

113TH CONGRESS 

2D SESSION S. 2019 

To reauthorize and update certain provisions of the Secure Water Act. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2014 

Mr. SCHATZ (for himself, Mr. HEINRICH, Mr. WYDEN, Mr. UDALL of New 

Mexico, Ms. HIRONO, and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To reauthorize and update certain provisions of the Secure 

Water Act. 

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 ‘‘SECURE Water 

5 Amendments Act of 2014’’. 

6 SEC. 2. AUTHORIZED ACTIVITIES; ELIGIBILITY; AUTHOR7 IZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—Section 9504 of the Omnibus 

9 Public Land Management Act of 2009 (42 U.S.C. 10364) 

10 is amended— 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•S 2019 IS

1 (1) in subsection (a)— 

2 (A) in paragraph (1)(H)— 

3 (i) in clause (i), by striking ‘‘or’’ at 

4 the end; 

5 (ii) in clause (ii), by striking the pe6 riod and inserting ‘‘; or’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(iii) to plan for or address the im10 pacts of drought.’’; and 

11 (B) in paragraph (2)(A)— 

12 (i) by striking ‘‘; and’’ and inserting 

13 ‘‘; or’’; 

14 (ii) by striking ‘‘(A) be located within 

15 the States’’ and inserting the following: 

16 ‘‘(A) be located in— 

17 ‘‘(i) the States’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(ii) the State of Hawaii; and’’; and 

21 (2) in subsection (e), by striking ‘‘There is’’ 

22 and all that follows through ‘‘$200,000,000’’ and in23 serting ‘‘There are authorized to be appropriated 

24 such sums as are necessary to carry out this section 

25 for each of fiscal years 2015 through 2023’’. 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•S 2019 IS

1 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR NA2 TIONAL WATER AVAILABILITY AND USE AS3 SESSMENT PROGRAM. 

4 Section 9508(e)(2) of the Omnibus Public Land Man5 agement Act of 2009 (42 U.S.C. 10368(e)(2)) is amended 

6 by striking ‘‘$12,500,000 for the period of fiscal years 

7 2009 through 2013’’ and inserting ‘‘such sums as are nec8 essary for the period of fiscal years 2014 through 2023’’. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS
EXHIBIT 11.2

                       DONALDSON, LUFKIN & JENRETTE, INC.
              SCHEDULE OF COMPUTATION OF WEIGHTED AVERAGE NUMBER OF
             COMMON SHARES AND COMMON SHARE EQUIVALENTS OUTSTANDING
               AND DILUTED EARNINGS PER SHARE FOR THE YEARS ENDED
                        DECEMBER 31, 1999, 1998 AND 1997

<TABLE>
<CAPTION>
                                                             Years Ended December 31,
                                                            1999         1998        1997
                                                          ---------    ---------   ---------
                                                        (in thousands, except per share data)
<S>                                                     <C>          <C>         <C>
DLJ Common Stock

Weighted Average Common Shares:
    Average Common Shares Outstanding                     125,275      119,111     110,278
    Average Restricted Stock Units Outstanding              1,187        2,497       7,086
    Average Common Shares Issuable Under
      Employee Benefit Plans                               12,406       10,372       7,660
    Average Common Shares Issuable for
      Convertible Debt                                         --           --         474
                                                        ---------    ---------   ---------

Weighted Average Common Shares Outstanding                138,868      131,980     125,498

Earnings:
    Net Income                                          $ 600,700    $ 370,800   $ 408,250
    Less: Preferred Stock Dividend Requirement             21,180       21,310      12,144
          Earnings Applicable to Common Shares -
            DLJdirect                                        (903)
    Interest net of taxes on Convertible Debt                  --           --         308
                                                        ---------    ---------   ---------

Earnings Applicable to Diluted Common Shares            $ 580,423    $ 349,490   $ 396,414
                                                        =========    =========   =========

Diluted Earnings Per Common Share:                      $    4.18    $    2.65   $    3.16
                                                        =========    =========   =========

DLJdirect Common Stock

Weighted Average Common Shares:
    Average Common Shares Outstanding                      18,400
    Average Common Shares Issuable Under Employee
      Benefit Plans                                             0
                                                        ---------

Weighted Average Common Shares Outstanding                 18,400
                                                        =========

Earnings:
    Net Income                                          $    (903)
                                                        ---------

Earnings Applicable to Common Shares                    $    (903)
                                                        ---------

Basic Earnings Per Common Share                         $   (0.05)
                                                        =========
</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 3149

To amend the Intermodal Surface Transportation Efficiency Act of 1991

to extend the matching fund waiver for projects approved under title

23, United States Code.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1993

Mr. FILNER introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

To amend the Intermodal Surface Transportation Efficiency

Act of 1991 to extend the matching fund waiver for

projects approved under title 23, United States Code.

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

3 SECTION 1. MATCHING FUND WAIVER.

4 (a) EXTENSION.—Section 1054 of the Intermodal

5 Surface Transportation Efficiency Act of 1991 (23 U.S.C.

6 120 note) is amended—

7 (1) in subsection (a) by striking ‘‘1993’’ and in8 serting ‘‘1995’’;
2

•HR 3149 IH

1 (2) in subsection (b) by striking ‘‘1994’’ and in2 serting ‘‘1996’’; and

3 (3) in subsection (c) by striking ‘‘1995 and

4 1996’’ each place it appears and inserting ‘‘1997

5 and 1998’’.

6 (b) MODIFICATION OF REPAYMENT AGREEMENTS.—

7 With respect to an increase in the Federal share of the

8 cost of a project made pursuant to section 1054(a) of such

9 Act before the date of the enactment of this Act, the Sec10 retary of Transportation shall modify any agreement for

11 the repayment of such increase to take into account the

12 amendment made by subsection (a)(2).

Æ
# C_2014043EN.01000302.xml

| 14.2.2014 | EN | Official Journal of the European Union | C 43/3 |
| --- | --- | --- | --- |

14.2.2014

EN

Official Journal of the European Union

C 43/3

---

Non-opposition to a notified concentration

(Case COMP/M.7110 — GIC Realty/British Land/Broadgate)

(Text with EEA relevance)

2014/C 43/06

On 30 January 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32014M7110. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32014M7110. EUR-Lex is the online access to the European law.

---
<PAGE>

                                                                  Exhibit 10.8.2

                          CUTCO INDUSTRIES, INC.
                           6900 Jericho Turnpike
                          Syosset, New York 11791


                                    August 2, 1999

Mr. Don vonLiebermann
54 Kellogg Hill Road
Weston, Connecticut  06883

Dear Mr. vonLiebermann:

     Reference is hereby made to your employment agreement with CutCo
Industries, Inc. (the "Company") dated as of October 15, 1998, as amended as
of April 1, 1999 (the "Employment Agreement").

     This letter is being delivered to induce you to resign your employment
as an officer and employee of the Company. In lieu of any severance or
termination of employment payments or other compensation you may be entitled
to receive under the Employment Agreement following termination of employment
after a change of control of the Company, you agree to accept the sum of
$100,000 in full satisfaction of any such, or any other, compensation and
severance claims.

     The Company hereby reaffirm the validity of its undertakings set forth
in the Indemnity Agreement dated as of October 15, 1998 between the Company
and you, and agrees that any expenses (including reasonable fees and
disbursements of counsel selected by you) incurred by you after the date
hereof in connection with the informal inquiry commenced by the Southeast
Regional Office of the Securities and Exchange Commission regarding CutCo
Acquisition Corporation shall be promptly reimbursed by the Company.

     As of the date hereof, you shall deliver to the Company all credit cards
of the Company and consent that the Company cancel, in accordance with
applicable law, all benefits and corporate perquisites, other than the use of
a Company leased vehicle.

                                  Very truly yours,

                                  CUTCO INDUSTRIES, INC.


                                  By:
                                     ----------------------------------
                                        Ron Oren
                                        President


AGREED TO:


/s/ Don vonLiebermann
---------------------------
Don vonLiebermann
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DEVON INVESTMENT, INC., 

Plaintiff-Appellee, 

 v. 

ANDES INDUSTRIES, INC., 

Defendant-Appellant.

No. 17-17205 

D.C. No. 2:15-cv-00604-NVW 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Neil V. Wake, District Judge, Presiding

Submitted May 14, 2019**

San Francisco, California

Before: THOMAS, Chief Judge, and McKEOWN and GOULD, Circuit Judges.

Andes Industries, Inc. (“Andes”) appeals the district court’s entry of 

summary judgment in favor of Devon Investment, Inc. (“Devon”), ordering Andes 

to pay Devon the amount due on a note. We have jurisdiction pursuant to 28 

U.S.C. § 1291. We review the district court’s grant of summary judgment de novo, 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 6 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Chemehuevi Indian Tribe v. Newsom, 919 F.3d 1148, 1150–51 (9th Cir. 2019), and 

we affirm. Because the parties are familiar with the facts, we omit them. 

Andes argues that summary judgment was inappropriate because it has 

outstanding claims that could be used to support a setoff defense. Even if this were 

once true, we affirmed the dismissal of the claims Andes bases its setoff defense on 

in Andes Industries, Inc., et al. v. Cheng Sun Lan, et al., No. 17-17059 (9th Cir. 

May 16, 2019) and Andes Industries, Inc., et al. v. EZConn Corp., et al., No. 17-

17058 (9th Cir. May 23, 2019). A potential setoff defense is therefore no barrier to 

the entry of summary judgment.

Andes also argues that summary judgment was inappropriate because it has 

a viable fraud defense to the enforcement of the note. However, the district court 

did not err in holding that this defense had been waived because Andes failed to 

plead it in its answer. Fed. R. Civ. P. 8(c) (fraud is an affirmative defense); 

Metcalf v. Golden (In re Adbox, Inc.), 488 F.3d 836, 841 (9th Cir. 2007) (“[A] 

defendant’s failure to raise an ‘affirmative defense’ in his answer effects a waiver 

of that defense.”).

Because Andes only asserts these two grounds for reversing the district 

court, we affirm the district court’s grant of summary judgment.

AFFIRMED.
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 Annual Report of The Dixie Group, Inc. (the "Company") on Form 10-K/A for the period ended December 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gary A. Harmon, the 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 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/GARY A. HARMON

Gary A. Harmon, Chief Financial Officer
Date:    July 13, 2007



A signed original of this written statement required by Section 906 has been provided to The Dixie Group, Inc. and will be retained by The Dixie Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>   1
                                                                    Exhibit 11.1

 
                                  VERITY, INC.
 
           STATEMENT OF COMPUTATION OF NET INCOME AND LOSS PER SHARE
                    (IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
 
<TABLE>
<CAPTION>
                                                     THREE MONTHS ENDED        SIX MONTHS ENDED
                                                        NOVEMBER 30,             NOVEMBER 30,
                                                     -------------------     --------------------
                                                      1995        1996        1995         1996
                                                     -------     -------     -------     --------
<S>                                                  <C>         <C>         <C>         <C>
Primary and Fully Diluted:
  Weighted average common shares outstanding for
     the period....................................    6,316      10,814       4,069       10,779
  Common equivalent shares pursuant to Staff
     Accounting Bulletin No. 83....................       --          --       1,118           --
  Common equivalent shares from dilutive stock
     options.......................................       --         607          --           --
                                                     --------    --------    --------    --------
Shares used in per share calculation...............    6,316      11,421       5,187       10,779
                                                     ========    ========    ========    ========
Net income (loss) before accretion.................  $  (338)    $   222     $  (774)    $ (1,061)
Accretion to redemption value of mandatorily
  redeemable preferred stock.......................     (193)         --        (611)          --
                                                     --------    --------    --------    --------
Net income (loss) applicable to common
  stockholders.....................................  $  (531)    $   222     $(1,385)    $ (1,061)
                                                     ========    ========    ========    ========
Net income (loss) per share........................  $ (0.08)    $  0.02     $ (0.27)    $  (0.10)
                                                     ========    ========    ========    ========
</TABLE>
* 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. 02-50180 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

versus

ENELL RILEY,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas

(SA-01-CR-204-ALL)

_________________________________________________________________ October 9, 2002
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *
Enell Riley appeals his guilty plea conviction of aggravated

assault. He contends the district court erred in denying his
motion to withdraw his guilty plea.
Under Rule 32(e) of the Federal Rules of Criminal Procedure,

the district court may grant a motion to withdraw a guilty plea

before a defendant is sentenced if the defendant shows “any fair

and just reason.” F E D R

. C RIM
. P. 32(e). Of course, there is no2

absolute right to withdraw the plea. E .g., United States v. Grant ,
117 F.3d 788, 789 (5th C ir. 1997). The denial of a Rule 32(e)

motion is reviewed for abuse of discretion. Id.
Riley contends: (1) although he admitted to committing the
charged offense, he had an insanity defense; (2) any delay in
filing the motion to withdraw his plea was due to his attorney’s
failure to file it; and (3) the attorney who represented him when

he entered his guilty plea was ineffective. (Riley pleaded guilty
approximately two and one-half months before filing the motion to

withdraw the plea. In the interim, his first attorney was allowed

to withdraw.) Riley’s assertions are not supported by the record.

The district court considered the seven factors set out in

United States v. Carr , 740 F.2d 339, 343-44 (5th Cir.), cert.

denied, 471 U.S. 1004 (1984), and the district court’s conclusions

with respect to those facto rs are supported by the record. The
district court did not abuse its discretion in denying the motion

to withdraw. S ee United States v. Grant , 117 F.3d 788, 789-90 (5th

Cir. 1997); United States v. Thomas , 13 F .3d 151, 153 (5th Cir.

1994); United States v. Rinard , 956 F.2d 85, 88-89 (5th Cir. 1992).

AFFIRMED
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-2000
<PERIOD-START>                             FEB-01-2000
<PERIOD-END>                               JUL-31-2000
<CASH>                                         232,114
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 352,256
<CURRENT-LIABILITIES>                          835,268
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        17,664
<OTHER-SE>                                   2,062,362
<TOTAL-LIABILITY-AND-EQUITY>                 (483,012)
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             (782,373)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (782,373)
<EPS-BASIC>                                      (.04)
<EPS-DILUTED>                                    (.04)


</TABLE>
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42133-42134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17927]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health and 
Human Development: Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Initial Review Group; Population Sciences Subcommittee.

[[Page 42134]]

    Date: September 21, 2018.
    Time: 8:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, 
MD 20814.
    Contact Person: Minki Chatterji, Scientific Review Officer, 
Scientific Review Branch, Eunice Kennedy Shriver National Institute 
of Child Health and Human Development, NIH, DHHS, 6710B Rockledge 
Drive, Rm. 2121D, Bethesda, MD 20892-7501, 301-827-5435, 
<a href="/cdn-cgi/l/email-protection#b8d5d1d6d3d196dbd0d9ccccddcad2d1f8d6d1d096dfd7ce"><span class="__cf_email__" data-cfemail="a0cdc9cecbc98ec3c8c1d4d4c5d2cac9e0cec9c88ec7cfd6">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: August 15, 2018.
Ronald J. Livingston, Jr.,
Program Analyst Office of Federal Advisory Committee Policy.
[FR Doc. 2018-17927 Filed 8-17-18; 8:45 am]
 BILLING CODE 4140-01-P


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