alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gail Logan, Respondent, v Laidlaw School Transit, Inc., et al., Appellants.

— Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed. Memorandum: Defendants’ motion for summary judgment dismissing the complaint should have been granted on the ground that plaintiff failed to establish that she sustained a serious injury within the meaning of Insurance Law § 5102 (d). Plaintiff contends that she sustained a serious injury because her injuries resulted in the significant *569limitation of use of a body function or system and she was prevented from performing substantially all of the material acts which constitute her usual and customary daily activities for not less than 90 days during the 180 days immediately following the injury.

In our view, defendants met their initial burden of demonstrating their entitlement to judgment as a matter of law, by the submission of an affidavit and report of Dr. John Recippi and excerpts of testimony given by plaintiff at an examination before trial. This evidence was sufficient to warrant a finding that plaintiff had not suffered a serious injury within the contemplation of Insurance Law § 5102 (d) as a matter of law *(see, Costa v Billingsley,*127 AD2d 990, 991; *Zoldas v Louise Cab Corp.,*108 AD2d 378, 382). Plaintiff, however, failed to tender evidence, in admissible form, "to make a prima facie showing of serious injury sufficient to raise a triable issue of fact” *(Costa v Billingsley, supra,*at 991). Plaintiff submitted an affidavit and report of Dr. Lesswing, a treating physician, who opined that plaintiff "sustained increased limitation in the use of her shoulder” which he "would assum[e] is permanent, but mild”. That opinion, however, is based solely on plaintiff’s continued subjective complaints of pain and is unsupported by any objective medical evidence. "The subjective complaints of the plaintiff without medical foundation are insufficient to establish a prima facie case of serious injury within the meaning of the Insurance Law” *(Costa v Billingsley, supra,*at 991; *see also, McKnight v LaValle,*147 AD2d 902, 903, *lv denied*74 NY2d 605; *Doyle v Erie County Water Auth.,*113 AD2d 1016, 1017; *Zoldas v Louise Cab Corp., supra,*at 383384). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Dillon, P. J., Doerr, Lawton, Lowery and Davis, JJ.
**Order of the Court of First Instance (Fifth Chamber) of 25 March 2009 – Scientific and Technological Committee of AGH and
Others v Commission**

**(Case T-125/07)**

Proceedings for failure to act – Technologies for subterranean storage of carbon dioxide – Commission’s failure to adopt a position – Inadmissibility

Actions for failure to act – Natural or legal persons – Actionable omissions – Failure of the Commission to adopt a position on the problem of the risks linked to subterranean storage of carbon dioxide
and its escape (Art. 232, third para., EC) (see paras 22-30)

**Re:**

| | |
| --- | --- |
| | ACTION for a declaration that the Commission unlawfully failed to act by: (1) failing to adopt a position concerning the risks for the population of the European Union from the subterranean storage of carbon dioxide and its escape from geological formations towards the earth’s surface; and (2) failing to take effective measures for the protection of the population and the environment. |

**Operative part:**

| | | |
| --- | --- | --- |
| 1. | | The action is dismissed. |

| | | |
| --- | --- | --- |
| 2. | | The Scientific and Technological Committee of AGH University of Science and Technology, the Europejskie Stowarzyszenie Ochrony Środowiska, the Przedsiębiorstwo Usług Geologiczno – Wiertniczych Chemkop-Geowiert sp. z o.o., the Stowarzyszenie Obrony Środowiska, the Fundacja Partnerstwo dla Środowiska, the Niezależne Forum Ochrony Biosfery Ziemi, Mr Jan Adamczyk and Mr Emanuel Lipartowski are ordered to pay the costs. |
### Re: Response to EPA Comments On Fault Tree Analysis Outline for HCR-188C Margaret Sheppard to: Riskscicom, richard 04/10/2008 02:54 PM

Cc: Dave Godwin, Julius Banks, Karen Thundiyil, Cindy Newberg, Monica Shimamura
Follow Up: Normal Priority.

Richard and Gary, A question came up as I was discussing with colleagues your point about OSHA requirements. Which OSHA requirements do you believe apply, and what are the relevant citations in 29 CFR 1910?

In addition, for a disposal center, how would the employer know that those requirements apply during work with a refrigerator or a window AC unit containing HCR-188C if they are accustomed to working with non-flammable refrigerants in those appliances? Margaret Sheppard USEPA/Stratospheric Protection Division SNAP Program Tel. 202-343-9163 Fax 202-343-2362 email: sheppard.margaret@epa.gov
<PAGE>
Exhibit 10.6

                 SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT

         THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT ("Amendment"),
made effective as of this 15th day of May, 2007, by and between DEACON
ENTERPRISES, INC., a Michigan Corporation, whose address is 600 South Deacon,
Detroit, Michigan 48217 ("Seller"), and VOYAGER PETROLEUM, INC., a Nevada
corporation, whose address is 123 East Ogden Ave.- Suite 102A, Hinsdale,
Illinois 60521, ("Purchaser").

                              W I T N E S S E T H:

         WHEREAS, on January 19, 2007 Seller and Purchaser entered into a
Purchase and Sale Agreement for land situated in the City of Detroit, County of
Wayne, and State of Michigan ("Agreement"); and

         WHEREAS, on April 18, 2007 Seller and Purchaser executed a First
Amendment to Purchase and Sale Agreement ("First Amendment") extending the
Purchaser's due diligence inspection period until May 18, 2007 (Original
Agreement and First Amendment are collectively the "Agreement"); and

         WHEREAS, Seller and Purchaser desire to amend the Agreement;

         NOW THEREFORE, Seller and Purchaser agree as follows:

1.       EXTENSION OF INSPECTION PERIOD. Purchaser's right to inspect and
         evaluate the Property and otherwise determine whether Purchaser shall
         purchase the property (the "Inspection Period") shall be extended until
         June 18, 2007 at 5:00 p.m. EST without additional cost to Purchaser.

2.       COUNTERPARTS AND FACSIMILE. This Amendment may be executed in any
         number of counterparts all of which when taken together, shall
         constitute one in the same instrument. Facsimile signatures and
         e-mailed PDF versions of signatures shall be deemed originals for the
         purposes of execution and delivery of this Amendment.

         The parties have executed this Amendment on the day and date first
above written.

SELLER:                                     PURCHASER:

DEACON ENTERPRISES, INC.                    VOYAGER PETROLEUM, INC.


By: /s/ Verlin Eppert                       By: /s/ Sebastien C. DuFort
    ---------------------------------           --------------------------------
    VERLIN EPPERT, President                    SEBASTIEN DUFORT, President
<TABLE> <S> <C>

<ARTICLE>5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF THE PERFORMANCE FOOD GROUP COMPANY FOR THE YEAR
ENDED JANUARY 1, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>1,000

<S>                          <C>
<PERIOD-TYPE>                        YEAR
<FISCAL-YEAR-END>             JAN-01-2000
<PERIOD-START>                JAN-03-1999
<PERIOD-END>                  JAN-01-2000
<CASH>                              5,606
<SECURITIES>                            0
<RECEIVABLES>                     123,603
<ALLOWANCES>                        4,477
<INVENTORY>                       108,550
<CURRENT-ASSETS>                  242,882
<PP&E>                            176,093
<DEPRECIATION>                     62,163
<TOTAL-ASSETS>                    462,045
<CURRENT-LIABILITIES>             172,003
<BONDS>                            54,640
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                              141
<OTHER-SE>                        189,203
<TOTAL-LIABILITY-AND-EQUITY>      462,045
<SALES>                         2,055,598
<TOTAL-REVENUES>                2,055,598
<CGS>                           1,773,632
<TOTAL-COSTS>                   2,016,257
<OTHER-EXPENSES>                    1,110
<LOSS-PROVISION>                    2,702
<INTEREST-EXPENSE>                  5,388
<INCOME-PRETAX>                    31,251
<INCOME-TAX>                       12,000
<INCOME-CONTINUING>                19,251
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                       19,251
<EPS-BASIC>                        1.40
<EPS-DILUTED>                        1.35


</TABLE>
```

[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[House]
[Page H5336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until 2 p.m. today.
  Accordingly (at 12 o'clock and 28 minutes p.m.), the House stood in 
recess.

                          ____________________
```
Exhibit 32.1


CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER 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 Edd Helms Group, Inc.(the "Company"), on
Form 10-KSB for the year ended May 31, 2005,  as filed with the  Securities  and
Exchange  Commission on the date hereon (the "Report"),  I, ,W. Edd Helms (Chief
Executive Officer), L. Wade Helms (Executive Vice President), and Dean A Goodson
(Chief Financial  Officer) of the Company,  certify,  pursuant to 18 U.S.C. Sec.
1350 as adopted pursuant to Sec. 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 result of operations of the Company.


/s/W. Edd Helms, Jr.
-----------------------
W. Edd Helms, Jr.
Chief Executive Officer

/s/ L. Wade Helms
------------------------
By:   L. Wade Helms
Executive Vice President

/s/ Dean A. Goodson
------------------------
By:   Dean A. Goodson
Chief Financial Officer
**Exhibit 32**Pursuant to section 906 of the *Sarbanes-Oxley Act of 2002*(subsections (a) and (b) of Section 1350,Chapter 63 of Title 18, *United States Code*), each of the undersigned officers of Potash Corporationof Saskatchewan Inc. (the “Company”), does hereby certify, to such officer’s knowledge, that:The Annual Report on Form 10-K for the year ended December 31, 2006 (the “Form 10-K”), of theCompany fully complies with the requirements of section 13(a) or 15(d) of the *Securities ExchangeAct of 1934*and information contained in the Form 10-K fairly presents, in all material respects,the financial condition and results of operations of the Company.Date:February 27, 2007         By:                                /s/ WILLIAM J. DOYLE    William J. Doyle    *President and Chief Executive Officer*   Date:February 27, 2007         By:                                /s/ WAYNE R. BROWNLEE    Wayne R. Brownlee    *Executive Vice President, Treasurer and*
Exhibit 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Steven D. Bonham, certify that:

1.I have reviewed this quarterly report on Form 10-Q of Unify Corporation;

2.Based on my knowledge, this quarterly 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 quarterly report;

3.Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;

4.The registrants other certifying officers and I are 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 we have:

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

(b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our 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 reasonably likely to materially affect, the registrants internal control over financial reporting; and

5.The registrants other certifying officers and I have disclosed, based on our 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 controls 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.

| | /s/ STEVEN D. BONHAM                         | 
| | -------------------------------------------- | 
| | Steven D. Bonham                            
| | Chief Financial Officer                     
| | (Principal Financial and Accounting Officer)

Dated: December 14, 2007

29

---
```

[Congressional Record Volume 158, Number 108 (Wednesday, July 18, 2012)]
[Extensions of Remarks]
[Page E1272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                         HONORING KINEU DONALD

                                 ______
                                 

                        HON. BENNIE G. THOMPSON

                             of mississippi

                    in the house of representatives

                        Wednesday, July 18, 2012

  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise today to honor Ms. 
Kineu Donald, Salutatorian of Raymond High School; Class of 2012. Kineu 
was born to the proud mother of Sheillia Donald, on December 16, 1993, 
in Edwards, Mississippi.
  She attended Bolton-Edwards schools through middle school. While in 
middle school Kineu was consistent in her efforts to remain on the 
Honor Roll and Principal's List. She finished Bolton-Edwards Elementary 
Middle School, and was acknowledged as the Valedictorian of her eighth 
grade class.
  Throughout high school, Kineu has been recognized for her many 
achievements in both academics and extra-curricular activities. She was 
a member of the band, choir, Beta Club, Student Council, and Student 
Body. In addition to her extra-curricular activities, Kineu also 
participated in many community service projects sponsored by her school 
and church.
  As a high school graduate, Kineu plans to attend Alcorn State 
University and major in agricultural economics or nutrition and 
dietetics, to aid her in her pursuit to become a food science 
technologist or a dietician.
  Mr. Speaker, I ask our colleagues to join me in honoring Ms. Kineu 
Donald the Salutatorian for Raymond High School Class of 2012.

                          ____________________
```
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[House]
[Page H5629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Ms. RICHARDSON:
       H.R. 6253.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This bill is enacted pursuant to the power granted to 
     Congress under Article I, Section 8, Clause 3 and Clause 13 
     of the United States Constitution.
```
# C_2010179EN.01003402.xml

| 3.7.2010 | EN | Official Journal of the European Union | C 179/34 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

C 179/34

---

Judgment of the General Court of 19 May 2010 — Tay Za v Council

(Case T-181/08) (1)

(Common foreign and security policy - Restrictive measures against Myanmar - Freezing of funds - Action for annulment - Joint legal basis of Articles 60 EC and 301 EC - Obligation to state the reasons on which a decision is based - Rights of the defence - Right to effective judicial review - Right to respect for property - Proportionality)

(2010/C 179/58)

Language of the case: English

Parties

Applicant: Pye Phyo Tay Za (Yangon, Myanmar) (represented by: D. Anderson QC, M. Lester, Barrister, and G. Martin, Solicitor)

Defendant: Council of the European Union (represented by: M. Bishop and E. Finnegan, Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by S. Behzadi-Spencer, acting as Agent, and subsequently by I. Rao, acting as Agent, and by D. Beard, Barrister); and European Commission (represented by: A. Bordes, P. Aalto and S. Boelaert, Agents)

Re:

Application for annulment of Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 (OJ 2008 L 66, p. 1), in so far as the applicant’s name appears on the list of persons, entities or bodies to which the regulation applies.

Operative part of the judgment

The Court:

| 1. | Dismisses the application. |
| --- | --- |

1.

Dismisses the application.

| 2. | Orders Pye Phyo Tay Za to bear his own costs and to pay those incurred by the Council of the European Union. |
| --- | --- |

2.

Orders Pye Phyo Tay Za to bear his own costs and to pay those incurred by the Council of the European Union.

| 3. | Orders the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs. |
| --- | --- |

3.

Orders the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.

---

(1)  OJ C 171, 5.7.2008.

---
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[Senate]
[Page S5866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                         TRIBUTE TO JUDY KROLL

 Mr. THUNE. Mr. President, today I would like to take this 
opportunity to honor Judy Kroll of Volga, SD.
  Judy Kroll has spent her career serving the community of Brookings, 
SD, in her capacity as an educator, as well as the director of the 
thriving speech and debate program at Brookings High School.
  Judy, who retired this summer, served as a South Dakota educator for 
37 years, teaching in both Madison and Parkston before starting at 
Brookings High School in 1980. During her 32 years as an educator and 
debate coach in Brookings, she has left an indelible impact on her 
students, dedicating an immeasurable amount of time to positively 
impacting the lives of young people. Judy has devoted countless hours 
to advance the critical and analytical skills of those students who she 
taught, coached, and mentored.
  During her coaching career, Judy has been awarded South Dakota 
Forensic Coaches Association Coach of the Year on numerous occasions 
and coached her students to multiple State championships in various 
speech and debate events. Her success as a coach was also demonstrated 
at the national level. She coached policy debate teams to 2nd and 3rd 
place finishes in 2000 at the National Forensics League National Speech 
and Debate Tournament and a 7th place finish earlier this summer at the 
same tournament.
  Judy's longstanding involvement in the debate community has been 
recognized not only by her South Dakota peers, but at a national level 
as well. In 2011, she was admitted to the National Forensics League 
Hall of Fame. Of the thousands of debate coaches who have been a part 
of the National Forensics League since its inception in 1925, only 158 
individuals have earned this honor. Judy is one of four South Dakotans 
to have received this honor. In addition, she was recently named the 
2012 National Forensics League Coach of the Year. This award recognizes 
Judy's outstanding leadership and commitment to National Forensic 
League activities. Judy's receipt of this award marks only the second 
time a South Dakotan has received such an honor since it was first 
awarded in 1953.
  During her teaching and coaching career, Judy encouraged her students 
to never give up on accomplishing their goals. She promoted outstanding 
sportsmanship and for years a large display in her classroom read, 
``What is popular is not always right, and what is right is not always 
popular.'' Judy exemplified for her students the importance of working 
hard and attaining success without compromising ethics and sense of 
doing what is right.
  I join Judy's family, friends, and students in recognizing her 
meritorious work and extend my sincere thanks and appreciation to Judy 
for all she has done for her students and the State of South Dakota, 
and wish her the best in her retirement.

                          ____________________
```
# C_2008171EN.01001702.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/17 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/17

---

Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 16 April 2008 — E.H.A. Passenheim-van Schoot v Staatssecretaris van Financiën

(Case C-157/08)

(2008/C 171/30)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: E.H.A. Passenheim-van Schoot

Applicant:

Defendant: Staatssecretaris van Financiën

Defendant:

Question referred

Must Articles 49 and 56 EC be interpreted to mean that, where foreign savings balances or income therefrom are not disclosed to the tax authority of a Member State, those articles do not prevent that Member State from applying legislation which, to compensate for the lack of effective means of monitoring foreign balances, provides for a recovery period of twelve years, whereas a recovery period of five years applies in the case of savings balances or income therefrom held in the Member State where such effective means do in fact exist?

---