alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Marie D. Volcjak, Respondent, v Cherry Lane Motors, Inc., et al., Appellants. Workers’ Compensation Board, Respondent. (Proceeding No. 1.) In the Matter of the Claim of Camille Costa, Respondent, v Charles F. Noyes et al., Appellants. Workers’ Compensation Board, Respondent. (Proceeding No. 2.)

Mahoney, P. J.

Appeals from two decisions of the Workers’ Compensation Board, filed November 3, 1989, which awarded claimants death benefits without allowance for an offset of Social Security survivors’ benefits.

These two appeals arise from two separate decisions of the Workers’ Compensation Board affirming determinations that refused to offset death benefits awarded to claimants, Marie D. Volcjak and Camille Costa, by the amount of survivors’ benefits that each received as widows under the Social Security Act.

Ludvick Volcjak died on March 22, 1987. Dominick Costa died four days later. Claimants, as decedents’ widows, filed for death benefits. After an initial determination of accident, notice and causal relationship, hearings were conducted in each case to determine whether Social Security survivors’ benefits that claimants had become eligible for subsequent to the date of death of their respective spouses should offset any workers’ compensation death benefits. In each case the Work*1031ers’ Compensation Law Judge concluded that there would be no offset.

The employers appealed to the Board for administrative review in both cases, arguing that, pursuant to Workers’ Compensation Law § 16, the offset for Social Security survivors’ benefits should be determined based upon eligibility for such benefits at the time of the workers’ compensation death benefit award, not at the time of death. The Board affirmed the determinations in both cases, finding that the offset pursuant to Workers’ Compensation Law § 16 (1-c) was applicable only if a claimant was receiving Social Security survivors’ benefits on the date of death. The employers have appealed.

We reverse. Workers’ Compensation Law § 16 (1-c) provides for an award of death benefits to the surviving spouse of a worker killed in the course of employment. This subdivision also provides that "[wjhere the death occurs on or after [January 1, 1978], and the spouse is receiving the survivors *[sic]*insurance benefits under the social security act, the death benefit payable under this section shall be reduced”. In *Matter of Goodman v Pollio Dairy Prods.*(147 AD2d 833, 834, *lv denied*74 NY2d 606), we took the view that the offset was applicable where a claimant "is receiving” Social Security benefits at the time of the *death benefit award.*Thus, it is the time of the death benefit award, not the date of death, that is determinative of the issue of whether Social Security survivors’ benefits should offset any workers’ compensation death benefits *(see, supra).*Accordingly, the Board erroneously denied the offsets and its decisions must be reversed.

Decisions reversed, without costs, and matters remitted to the Workers’ Compensation Board for further proceedings not inconsistent with this court’s decision. Mahoney, P. J., Casey, Weiss, Levine and Mercure, JJ., concur.
Exhibit 32.1








Certification


of


PSB Holdings, Inc.


under Section 906 of Sarbanes-Oxley Act of 2002








The undersigned Chief Executive Officer and Chief Financial Officer of PSB Holdings, Inc. (the “Company”) certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that (1) the Annual Report on Form 10-K of the Company for the fiscal year ended December 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. 78m or 78o(d), and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.





Date:  March 15, 2011





PETER W. KNITTPeter W. KnittPresident and CEOSCOTT M. CATTANACHScott M. CattanachTreasurer(Chief Financial Officer)








This certification accompanies this Annual Report on Form 10-K for the year ended December 31, 2010, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by PSB Holdings, Inc. for purposes of the Securities Exchange Act of 1934.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1890 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1890

To suspend temporarily the duty on manganese flake containing at least 
                  99.5 percent by weight of manganese.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2009

   Mr. Casey introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To suspend temporarily the duty on manganese flake containing at least 
                  99.5 percent by weight of manganese.

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

SECTION 1. MANGANESE FLAKE CONTAINING AT LEAST 99.5 PERCENT BY WEIGHT 
              OF MANGANESE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       Manganese flake     Free         No change        No change        On or before 12/ ''.
                          containing at                                                      31/2011.......
                          least 99.5
                          percent by weight
                          of manganese
                          (provided for in
                          subheading
                          8111.00.47)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
```

[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38492-38493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16316]

=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

Sunshine Act Meetings

TIME AND DATE: Wednesday, June 30, 2010, 2 p.m.-3 p.m.

PLACE: Hearing Room 420, Bethesda Towers, 4330 East West Highway, 
Bethesda, Maryland.

STATUS: Commission Meeting--Open to the Public.

[[Page 38493]]

MATTERS TO BE CONSIDERED:
    1. Accreditation for Third Party Conformity Assessment Bodies for 
Testing for Children's Products: Carpets and Rugs.
    2. Accreditation for Third Party Conformity Assessment Bodies for 
Testing for Children's Products: Vinyl Plastic Film.
    A live Webcast of the Meeting can be viewed at http://www.cpsc.gov/webcast.
    For a recorded message containing the latest agenda information, 
call (301) 504-7948.

Contact Person for More Information: Todd A. Stevenson, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, (301) 504-7923.

    Dated: June 25, 2010.
Todd A. Stevenson,
Secretary.
[FR Doc. 2010-16316 Filed 6-30-10; 4:15 pm]
BILLING CODE 6355-01-P
```
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          24,341
<SECURITIES>                                         0
<RECEIVABLES>                                   13,409
<ALLOWANCES>                                     1,325
<INVENTORY>                                     11,486
<CURRENT-ASSETS>                                52,957
<PP&E>                                         366,035
<DEPRECIATION>                                  97,626
<TOTAL-ASSETS>                                 376,406
<CURRENT-LIABILITIES>                           83,711
<BONDS>                                        230,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            65
<OTHER-SE>                                      55,565
<TOTAL-LIABILITY-AND-EQUITY>                   376,406
<SALES>                                        420,901
<TOTAL-REVENUES>                               439,307
<CGS>                                                0
<TOTAL-COSTS>                                  457,864
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              25,362
<INCOME-PRETAX>                               (40,738)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (40,738)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (40,738)
<EPS-PRIMARY>                                   (0.63)
<EPS-DILUTED>                                   (0.63)
        

</TABLE>
104W (45 pots)

103W (45 pots)

102W (45 pots)

101W (45 pots) 101E (45 pots)

102E (45 pots)

103E (45 pots)

104E (45 pots)

Bath 

Handling

Anode Cooling Anode Rodding

Offices

N

Ore Fill 

Station

Ore Fill 

Station

Mt. Holly Potline Layout Schematic

Potline 1

Potline 2

161W

ID# 53003

161E

ID# 53002

162E

ID# 53004

162W

ID# 53005

** POTLINE

SCRUBBERS
Filed by Automated Filing Services Inc. (604) 609-0244 - Nord Resources Corporation - Exhibit 10.2






AMENDMENT TO AMENDED AND RESTATED CONVERTIBLE 
PROMISSORY
NOTE DATED FOR REFERENCE AUGUST 19, 2004

(the “Amended and Restated Convertible Note”)

Effective as of January 15, 2007, the Amended and Restated
Convertible Note dated August 14, 2006, as amended by an amending agreement
dated December 22, 2006, in the principal amount of Sixty-Six Thousand Dollars
($66,000), between Nord Resources Corporation (the “Company”) and Stephen D.
Seymour (the “Holder”) shall be amended as follows:

Section 1 shall be deleted in its entirety and replaced with
the following:

“1.          
Maturity: Unless converted as provided in Section 2, this Note will
automatically mature and be due and payable in cash upon the earlier of:

(a)          
January 31, 2007; and 

(b)          
the closing date of 

(i)           a
registered equity offering and/or a debt project financing (collectively or
separately, a “Funding”) in which the Company raises not less than the aggregate
amount of $25,000,000, or 

(ii)          a
significant corporate transaction (a “Significant Transaction”) in which 

(A)          
any person, together with all affiliates and associates of such person, becomes
the beneficial owner, directly or indirectly, of securities of the Company
representing 51% or more of the common shares the Company, or 

(B)          
there is a sale, lease, exchange or other transfer (in one transaction or a
series of transactions contemplated or arranged by any party as a single plan)
of all or substantially all of the assets of the Company or of assets of the
Company valued at $12,000,000 or greater

(the “Maturity Date”). Subject to Section 2 below, interest
shall accrue on this Note,”

This Amendment may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. Facsimiles containing original
signatures shall be deemed for all purposes to be originally-signed copies of
the documents which are the subject of such facsimiles.

Dated as of January 15, 2007.

	COMPANY: 	 	HOLDER: 
	NORD RESOURCES CORPORATION 	 	STEPHEN D. SEYMOUR
	 	  	 	 	  
	By: 	/s/ John Perry 	 	By: 	/s/ Stephen D. Seymour 




	Name: 	John Perry 	 	Name: 	Stephen D. Seymour 
	 	 	 	 	 
	Title: 	Senior
      Vice President & CFO 	 	Address: 	Rockland Investments Inc. 
	Address: 	1
      West Wetmore Road, Suite 203 	 	 	2201 Old Court Road, 
	  	Tucson,
      Arizona 85705 USA 	 	  	Baltimore, MD 21208 USA
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.                  

###### Department of Homeland Security

###### U.S. Customs and Border Protection

# AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security.

# ACTION:

Notice of accreditation of Intertek USA, Inc., as a commercial laboratory.

# SUMMARY:

                        Notice is hereby given that, pursuant to 19 CFR 151.12, Intertek USA, Inc., 15602 Jacintoport Blvd. Stolthaven Terminal, Houston, TX 77015, has been accredited to test petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12. Anyone wishing to employ this entity to conduct laboratory analyses should request and receive written assurances from the entity that it is accredited by the U.S. Customs and Border Protection to conduct the specific test requested. Alternatively, inquiries regarding the specific test this entity is accredited to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to                         *cbp.labhq@dhs.gov.*                         Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories.                    

*http://cbp.gov/​linkhandler/​cgov/​trade/​automated/​labs_​scientific_​svcs/​commercial_​gaugers/​gaulist.ctt/​gaulist.pdf*

# DATES:

The accreditation of Intertek USA, Inc., as commercial laboratory became effective on July 08, 2011. The next triennial inspection date will be scheduled for July 2014.

# FOR FURTHER INFORMATION CONTACT:

Dr. Mike McCormick, Laboratories and Scientific Services, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, 202-344-1060.

Dated: February 29, 2012.

Ira S. Reese,

Executive Director, Laboratories and Scientific Services.

[FR Doc. 2012-5748 Filed 3-8-12; 8:45 am]

BILLING CODE 9111-14-P
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDRE PAUL PROVOST, Jr., 

Petitioner-Appellant, 

 v. 

COMMISSIONER OF INTERNAL 

REVENUE, 

Respondent-Appellee.

No. 19-70685 

Tax Ct. No. 23943-18 

MEMORANDUM*

Appeal from a Decision of the

United States Tax Court

Submitted June 2, 2020**

Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.

Andrew Paul Provost, Jr., appeals pro se from the Tax Court’s order 

dismissing for lack of jurisdiction his petition regarding his tax liabilities for the 

2005 tax year. We have jurisdiction under 26 U.S.C. § 7482(a)(1). We review de 

novo the Tax Court’s dismissal for lack of jurisdiction. Gorospe v. Comm’r, 451 

* 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). Provost’s request for oral 

argument, set forth in his opening brief, is denied. 

FILED

JUN 12 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 19-70685

F.3d 966, 968 (9th Cir. 2006). We affirm. 

The Tax Court properly concluded that it lacked jurisdiction over Provost’s 

petition because the Internal Revenue Service’s Notice CP504 that formed the 

basis for Provost’s petition was not a notice of deficiency or a notice of 

determination. See 26 U.S.C. § 6212 (notice of deficiency); 26 U.S.C. § 6330 

(notice of determination); Gorospe, 451 F.3d at 968 (the Tax Court is a court of 

limited jurisdiction, and its subject matter is defined by Title 26 of the United 

States Code). 

We reject as without merit Provost’s contention that the CP504 notice was 

illegitimate. 

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

except as provided by 9th Cir. R. 36-3.

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

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MELVIN MUNIR,

 Plaintiff - Appellee,

 v.

THOMAS, Sergeant,

 Defendant - Appellant,

 and

MARTINEZ, Correctional Officer; et al.,

 Defendants.

No. 09-15727

D.C. No. 2:05-cv-01996-MCEEFB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Morrison C. England, Jr., District Judge, Presiding

Submitted February 21, 2012** 

Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. 

Thomas, a housing sergeant at California Medical Facility, appeals from the

FILED

MAR 06 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-15727

district court’s order denying him qualified immunity in plaintiff’ Munir’s 42

U.S.C. § 1983 action alleging deliberate indifference to serious medical needs. We

dismiss for lack of appellate jurisdiction.

We lack jurisdiction to consider this interlocutory appeal because “an order

denying qualified immunity on the ground that a genuine issue of material fact

exists is not a final, immediately appealable order.” Maropulos v. County of Los

Angeles, 560 F.3d 974, 975 (9th Cir. 2009) (per curiam), citing Johnson v. Jones,

515 U.S. 304, 314-15 (1995). The district court denied qualified immunity to

Thomas after determining that there were genuine disputes of material fact as to

whether Thomas was deliberately indifferent to Munir’s medical needs, and that

those facts, if proven, would establish a violation of Munir’s clearly established

Eighth Amendment rights. Accordingly, we dismiss this appeal for lack of

jurisdiction.

DISMISSED.
II 

111TH CONGRESS 

1ST SESSION S. 1375 

To amend the Agricultural Credit Act of 1987 to reauthorize State mediation 

programs. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2009 

Mr. ROBERTS (for himself, Mr. HARKIN, Mr. GRASSLEY, Mr. BENNET, Mr. 

BROWNBACK, Mr. KOHL, Mr. LEAHY, Mr. UDALL of Colorado, and Mr. 

SANDERS) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Agricultural Credit Act of 1987 to reauthorize 

State mediation programs. 

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

3 SECTION 1. REAUTHORIZATION OF STATE MEDIATION PRO4 GRAMS. 

5 Section 506 of the Agricultural Credit Act of 1987 

6 (7 U.S.C. 5106) is amended by striking ‘‘2010’’ and in7 serting ‘‘2015’’. 

Æ 


jbell on PROD1PC69 with BILLS
<PAGE>   1

                                                                  EXHIBIT 12.1

<TABLE>
<CAPTION>

                                                1993     1994      1995     1996     1997
                                             ---------------------------------------------
<S>                                          <C>        <C>       <C>      <C>      <C>
Fixed Charges:
Interest Expense including
  amortization of debt issuance costs           --        --        159     1,155    6,951
Interest on Rent Expense(1/3)                  413       484        551       820    1,359
                                             ---------------------------------------------
Total Fixed Charges                            413       484        710     1,975    8,310
                                             =============================================
Income before Taxes                          3,906     4,950      7,612    14,299   30,800
Fixed Charges                                  413       484        710     1,975    8,310
                                             ---------------------------------------------
Income before Fixed Charges                  4,319     5,434      8,322    16,274   39,110
                                             =============================================

Ratio of Earnings to Fixed Charges            10.5      11.2       11.7       8.2      4.7


</TABLE>