alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Annex 25. Item 6.14. – Article 11.5.1. and 11.5.2. of Chapter 11.5. Infection with *Perkinsus marinus*

CHAPTER 11.5.

INFECTION WITH *PERKINSUS MARINUS*

Article 11.5.1.

For the purposes of the *Aquatic Code*, infection with *Perkinsus marinus* means infection with the *pathogenic agent**P. marinus*of the Family Perkinsidae.

Information on methods for *diagnosis* is provided in the *Aquatic Manual*.

Article 11.5.2.

Scope

The recommendations in this chapter apply to the following species that meet the criteria for listing as susceptible in accordance with Chapter 1.5.: ~~Eastern oyster~~American cupped oyster*(Crassostrea virginica)*, ~~Pacific oyster *(Crassostrea gigas)*, Suminoe oyster *(Crassostrea ariakensis)*, soft shell clam *(Mya arenaria)*, Baltic clam *(Macoma balthica)*~~**Ariake cupped oyster (*Magallana* [Syn. *Crassostrea*] *ariakensis*), Cortez oyster (*Crassostrea corteziensis*) and palmate oyster (*Saccostrea palmula*).~~hard shell clam *(Mercenaria mercenaria)*~~. ~~These recommendations also apply to any other *susceptible species* referred to in the *Aquatic Manual* when traded internationally.~~

[...]

____________
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 4- 36 33

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Mi ch ael L. Burr ag e, Jr

. ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el la nt

v.
Caro lyn W . Col vi n, Act in g C omm is si on er o f So ci al Secu rit y

ll ll ll ll ll ll ll ll ll ll l Defe nd

an t - Ap pe ll ee

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Eas te rn Dis tri ctof M is so ur i - St . Lou is

__ __ __ __ __ __ Subm it te d: Sep te m

be r 4, 2 01 5 Fi le d: Sep te m

be r 10 , 20 15 [Un publ is he d]

__ __ __ __ __ __ Befo re SHEPHERD, BYE, an d KELLY, Circ ui t J ud ge s.

__ __ __ __ __ __ PER CURI AM.Mi ch ael L. Bu rrag e, Jr

. ap pe al s th e di st ric t co urt’s or de r affi rm in g t h e 1 Co m m is si on er’s de ni al of di sa bi li ty in su r a n c e b en efi ts an d su pp le m en ta l se cu rit y in co m e aft er hi s he ari ng be fo re a n A d mi n is tra ti ve Law Ju dg e (ALJ). Fo r rev ers al , Bu rrag e arg ue s th at th e ALJ erre d in de te rm in in g hi s res id ua l fu nc ti on al cap aci ty by im pr op erl y an al y zi ng th e m ed ic al ev id en ce-- sp eci fic al ly, rel y in g on th e op in io n of a
no n- ex am in in g co ns ul ta nt rat he r th an hi s tre at in g do ct or s, di sr eg ard in g ev id en ce th at th ere was no subs ta nc e ab us e, an d fai li ng to ob ta in ad di ti on al ev id en ce reg ard in g hi s li m it at io ns --an d b y d i sc ou nt in g hi s te st im on y an d th at of hi s la y wit ne ss es wit ho ut gi vi ng su ffi ci en tl y sp eci fic reas on s. Fo ll owi ng care fu l rev ie w of th e p art ie s’

su bm is si on s an d th e reco rd be fo re us , we co nc lu de th at su bs ta n t i a l e vi de nc e in th e
reco rd as a who le su pp or ts th e ALJ’s fin di ng

. See Perk s v. Ast ru e, 68 7 F.3 d 10 86 , 10 91 , 1 09 3 (8 th Ci r. 20 12 ) (s ta nd ard of rev ie w). Acco rd in gl y , t he jud gm en t of th e di st ric t co ur t i s af

fir m ed . See 8 th Cir . R. 47 B.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

The Hon or ab le St ep he n N. Lim ba ug h, Jr ., Uni te d St at es Dis tri ct Ju dg e fo r th e 1 East ern Dis tri ct of Mi ss ou ri, ad op ti ng th e rep or t an d reco mm e n d a ti on s of th e Hon or ab le Noe ll e Co ll in s, Uni te d St at es Mag is tra te Ju dg e fo r th e East ern Dis tri ct of Mi ss ou ri.
-2

-
**Judgment of the Court (Fourth Chamber) of 10 June 2010 – Commission v Italy**

**(Case C-491/08)**

Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora – Site of Community importance – System of protection – Tourism complex ‘Is Arenas’

1.                     *Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 (Council Directive 92/43, Arts
3(1), and 4(1)) (see paras 30-31)*

2.                     *Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 (Council Directive 92/43, Art.
6(2)) (see paras 38-40, 42-43)*

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil obligations – Infringement of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) – Sites of Community importance – Site ‘Is Arenas’ – Development of a golf course. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Declares that, having regard to the tourism and property complex ‘Is Arenas’ that affects the site ‘Is Arenas’; |

–        by failing to adopt, before 19 July 2006, the date on which the site ‘Is Arenas’ was included in the list of sites of Community
importance, preservation measures that, having regard to the conservation aim of Council Directive 92/43/EEC of 21 May 1992
on the conservation of natural habitats and of wild fauna and flora, are suitable for the purpose of preserving the relevant
ecological interest represented at national level by the proposed site of Community importance, and in particular by failing
to prevent an activity likely seriously to endanger the ecological characteristics of the site; and

–        by failing to adopt, after 19 July 2006, appropriate measures to prevent the deterioration of natural habitats in respect
of which that site of Community importance was designated;

the Italian Republic has failed to fulfil its obligations under Council Directive 92/43 and, more specifically, with regard
to the second plea in law, Article 6(2) thereof;

| | | |
| --- | --- | --- |
| 2. | | Orders the Italian Republic to pay the costs. |
Exhibit Index

Exhibit                           Description                        Page No.
     
10.46                    Letter Agreement between the Company          E-1
                         and McCord Winn Textron, Inc.

27.00                    Financial Data Schedule                       E-2     
<PAGE>

                                 Exhibit 10.46

                                     TEXTRON



Textron Inc.                                              40 Westminster Street
                                                          Providence, RI  02903
                                                                401/421-2800
 
                                                              February 15, 1996


Via Facsimile:  516-752-3558

Michael Strauss
Chairman of the Board
Chief Executive Officer
BCAM International Inc.
1800 Walt Whitman Road
Melville, NY  11747

     RE:  Development and License Agreement between BCAM  International Inc. and
          McCord Winn Textron Inc.

Dear Mr. Strauss:

     At the request of Tony Haba, this letter is being written to further extend
the term of the Development and License  Agreement  between BCAM and McCord Winn
Textron until April 1, 1996.

     Please  indicate  your  agreement  and  acceptance  by  signing  below  and
returning one copy to Tony Haba. Thank you.


                                                Very truly yours,
                                                on behalf of McCord Winn Textron




                                                 Miriam A. Ross
                                                 Corporate Counsel

Agreed and Accepted:
BCAM International Inc.


By:   /s/Michael Strauss
         Michael Strauss
         Chairman of the Board
         Chief Executive Officer

cc:  G. Daniels
       A. Haba
       C. Hauff, Esq.

 margen/letters/mar049.doc

                                      E-1
<PAGE>
#### Ronald CAMPBELL, Plaintiff in Error, v. Genevieve CAMPBELL, Defendant in Error.

No. 38126.

Supreme Court of Oklahoma.

March 25, 1958.

M. E. Becker, Guymon, for plaintiff in error.

. LaMar & Bailey, Guymon, for defendant in error.

*82WELCH, Chief Justice.

Now on this 21st day of March, 1958, this cause coming on for consideration on motion to dismiss appeal, and the court having examined the record, and it appearing from the record that this appeal must be dismissed for lack of jurisdiction, and being advised in the premises:

1. The court finds that the matter before the court, and the cause should be disposed of in this memorandum decision by order. Tit. 12, O.S.1955, suppl. § 976.

2. The court finds that this is an appeal from the district court of Texas County, Oklahoma, and the final order of the trial court having been entered the case-made was duly served upon the defendant in error and settled on the 13th day of November, 1957, and on that date filed in the district court of Texas County. Thereafter, on January 20, 1958, the petition in error and case-made were filed with the Clerk of the Supreme Court.

 The court further finds that a motion to dismiss has been filed for the reason that under the provisions of Tit. 12, O.S.1955, suppl. § 972, all proceedings in error must be filed within 20 days after the case-made is settled. Video Independent Theatres, Inc. v. Walker, Old., 308 P.2d 958. Since the case-made was not filed within 20 days after it was settled this court is without jurisdiction and the motion to dismiss must be sustained.

Appeal dismissed.
#### The People of the State of New York, Respondent, v Alton Hatch, Appellant.

— Appeal by the defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered October 17, 1989, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the appeal is dismissed *(see, People v Seaberg,*74 NY2d 1). Thompson, J. P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 19-3763

___________________________

Christopher L. Buie

lllllllllllllllllllllPetitioner

v.

Administrative Review Board of the United States Department of Labor

lllllllllllllllllllllRespondent

 ____________

Petition for Review of an Order of the

 Department of Labor (except OSHA)

 ____________

 Submitted: September 28, 2020

Filed: October 1, 2020

[Unpublished]

____________

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.

____________

PER CURIAM.

Christopher Buie petitions for review of a final order from the United States

Department of Labor Administrative Review Board (ARB), affirming the denial of

his administrative complaint alleging that his employer fired him for engaging in

activities protected under the Surface Transportation Assistance Act. After careful

review, we conclude that the ARB’s decision was not arbitrary, capricious, an abuse
of discretion, contrary to the law, or unsupported by substantial evidence in the

record. See 49 U.S.C. § 31105(d) (appellate court reviews ARB’s decision pursuant

to Administrative Procedure Act); 5 U.S.C. § 706(2) (reviewing court shall hold

unlawful and set aside agency decision found to be arbitrary, capricious, abuse of

discretion, or otherwise not in accordance with law, or if unsupported by substantial

evidence in record). Accordingly, we deny the petition. See 8th Cir. 47B. We also

deny Buie’s pending motion to supplement the record.

______________________________

-2-
# C_2008022EN.01004702.xml

| 26.1.2008 | EN | Official Journal of the European Union | C 22/47 |
| --- | --- | --- | --- |

26.1.2008

EN

Official Journal of the European Union

C 22/47

---

Action brought on 16 November 2007 — Mirto Corporación Empresarial v OHIM — Maglificio Barbara (Mirtillino)

(Case T-427/07)

(2008/C 22/89)

Language in which the application was lodged: Spanish

Parties

Applicant: Mirto Corporación Empresarial, S.L. (Madrid, Spain) (represented by: E. Armijo Chávarri, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Maglificio Barbara Srl

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | Annul the Decision of the Second Board of Appeal of OHIM of 28 August 2007 in Case R 875/2006-2 and order expressly that OHIM pay the costs. |
| --- | --- |

—

Annul the Decision of the Second Board of Appeal of OHIM of 28 August 2007 in Case R 875/2006-2 and order expressly that OHIM pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Maglificio Barbara Srl

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark ‘Mirtillino’ for goods in Classes 3, 18 and 25 (application No 3 252 467)

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Creaciones Mirto, S.A.; the applicant following transfer of the marks at issue in the opposition proceedings.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Word mark ‘MIRTO’ (Community trade mark No 1 653 351) for goods in Classes 3, 18 and 25 and a number of other national word and figurative marks ‘MIRTO’.

Mark or sign cited in opposition:

Decision of the Opposition Division: Partly upheld the opposition.

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulment of the decision under appeal and dismissal of the opposition.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) since there is a likelihood of confusion between the conflicting marks.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

1

---
Presidential Documents

86809 

Federal Register 

Vol. 88, No. 239 

Thursday, December 14, 2023 

Title 3— 

The President 

Notice of December 13, 2023 

Continuation of the National Emergency With Respect to the 

Global Illicit Drug Trade 

On December 15, 2021, by Executive Order 14059, I declared a national 

emergency pursuant to the International Emergency Economic Powers Act 

(50 U.S.C. 1701 et seq.) to deal with the unusual and extraordinary threat 

to the national security, foreign policy, and economy of the United States 

constituted by global illicit drug trafficking. 

The trafficking into the United States of illicit drugs, including fentanyl 

and other synthetic opioids, is causing the deaths of tens of thousands 

of Americans annually, as well as countless more non-fatal overdoses with 

their own tragic human toll. Drug cartels, transnational criminal organizations, and their facilitators are the primary sources of illicit drugs and 

precursor chemicals that fuel the current opioid epidemic, as well as drugrelated violence that harms our communities. International drug trafficking— 

including the illicit production, global sale, and widespread distribution 

of illegal drugs; the rise of extremely potent drugs such as fentanyl and 

other synthetic opioids; as well as the growing role of internet-based drug 

sales—continues to pose an unusual and extraordinary threat to the national 

security, foreign policy, and economy of the United States. For this reason, 

the national emergency declared in Executive Order 14059 of December 

15, 2021, must continue in effect beyond December 15, 2023. Therefore, 

in accordance with section 202(d) of the National Emergencies Act (50 

U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared 

in Executive Order 14059 with respect to global illicit drug trafficking. 

This notice shall be published in the Federal Register and transmitted to 

the Congress. 

THE WHITE HOUSE, 

December 13, 2023. 

[FR Doc. 2023–27732 

Filed 12–13–23; 11:15 am] 

Billing code 3395–F4–P 


lotter on DSK11XQN23PROD with FR_PREZDOC1BIDEN.EPS</GPH>
```

[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88227-88228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28032]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-2220; Airspace Docket No. 23-AWP-59]
RIN 2120-AA66

Amendment of Restricted Area R-2512 Holtville, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction; withdrawal.

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

SUMMARY: This action withdraws the final rule correction published in 
the Federal Register on December 6, 2023. That action incorrectly 
stated that the action would be incorporated by reference. The FAA has 
determined that withdrawal of the final rule correction is warranted 
since the action is not incorporated by reference.

DATES: As of date 0901 UTC, December 21, 2023, the final rule 
correction published December 6, 2023 (88 FR 84695), is withdrawn.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register for Docket 
No. FAA-2023-2220 (88 FR 78636, November 16, 2023) that amended 
restricted area R-2512 in the vicinity of Holtville, CA. The section of 
14 CFR part 73 to be amended by the final rule was inadvertently stated 
as Sec.  73.22. The correct section of 14 CFR part 73 to be amended is 
Sec.  73.25.
    Subsequently, the FAA published a final rule correction in the 
Federal Register for Docket No. FAA-2023-2220 (88 FR 84695, December 6, 
2023) that amended restricted area R-2512 in the vicinity of Holtville, 
CA, correcting the section of 14 CFR part 73 to be amended. That action 
incorrectly stated

[[Page 88228]]

that the action is incorporated by reference under 1 CFR part 51. As a 
result, the final rule correction is being withdrawn.

Lists of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Withdrawal

0
The FAA determined that the final rule correction published in the 
Federal Register on December 6, 2023 (88 FR 84695) contains incorrect 
references. Therefore, the FAA withdraws that final rule correction.

    Issued in Washington, DC, on December 15, 2023.
Brian Konie,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-28032 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-13-P
```
# C_2009267EN.01002301.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/23 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

C 267/23

---

Judgment of the Court (Fourth Chamber) of 10 September 2009 (reference for a preliminary ruling from the Oberlandesgericht München — Germany) — Zentrale zur Bekämpfung unlauteren Wettbewerbs eV v Adolf Darbo AG

(Case C-366/08) (1)

1

(Harmonisation of laws - Directive 95/2/EC - Part A of Annex III - Directive 2001/113/EC - Second paragraph of Part II of Annex I - Extra jam with a soluble dry matter content of 58 % and containing potassium sorbate (E 202) as a preservative - Term ‘low sugar jam’)

2009/C 267/39

Language of the case: German

Referring court

Referring court

Oberlandesgericht München

Parties to the main proceedings

Parties to the main proceedings

Applicant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV

Applicant:

Defendant: Adolf Darbo AG

Defendant:

Re:

Re:

Reference for a preliminary ruling — Oberlandesgericht München — Interpretation of Part A of Annex III to European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (OJ 1995 L 61, p. 1) and the second paragraph of Part II of Annex I to Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (OJ 2002 L 10, p. 67) — Ability to market, under the name ‘extra jam’, jam with a soluble dry matter content of 58 % and containing potassium sorbate (E 202) as a preservative — Term ‘low-sugar jam’.

Operative part of the judgment

Operative part of the judgment

The term ‘low-sugar jams’ in Part A of Annex III to European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners, as amended by Directive 98/72/EC of the European Parliament and of the Council of 15 October 1998, covers jams described as ‘jam’ and ‘extra jam’ which have a sugar content appreciably lower than the reference value of 60 %. Products described as ‘extra jam’ which have a sugar content of 58 % cannot be considered to be low sugar within the meaning of that provision.

---

(1)  OJ C 272, 25.10.2008.

1

---
EPA Method Study Sample Point CrosswalkPlant Name Sample PointSample NumberFedEx Tracking Numbers Date Shipped/ReceivedFGD Scrubber Purge 71620FGD WWT Mid-Point 71621FGD WWT Biological Effluent 71622FGD Scrubber Purge 71623FGD WWT Mid-Point 71624FGD WWT Biological System Effluent 71625FGD Scrubber Purge 71626FGD WWT Chem Precip Effluent 71627FGD Scrubber Purge 71628FGD WWT Chem Precip Effluent 71629FGD Scrubber Purge 71630FGD WWT Chem Precip Effluent 71631FGD Scrubber Purge 71632FGD WWT Chem Precip Effluent 71633FGD Scrubber Purge 71634FGD WWT Chem Precip Effluent 71635FGD Scrubber Purge 71636FGD WWT Chem Precip Effluent 71637FGD Scrubber Purge 71638FGD WWT Chem Precip Effluent 716398571 0454 1242ChesterfieldConemaughHatfield's FerryBig BendHomer CityPleasant PrairieShipped - ?Received - ?8578 6022 13668578 6022 13778578 6022 16098578 6022 1344Belews CreekRoxboroMitchell8578 6022 11718578 6022 1399Shipped - Wednesday, 10/18/09Received - should arrive Thursday8578 6022 13338578 6022 1355Shipped - Monday, 10/16/09Received - Tuesday, 10/17/09Shipped - ?Received - ?Shipped - Wednesday, 10/18/09Received - should arrive ThursdayShipped - Wednesday, 10/18/09Received - should arrive ThursdayShipped - Tuesday, 10/17/09Received - Wednesday, 10/18/09Shipped - Tuesday, 10/17/09Received - Wednesday, 10/18/09Shipped - ?Received - ?