alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Earle Garrett, as Guardian ad Litem of Nanci Garrett, et al., Plaintiffs, *v.*Michael Jacobs et al., Defendants.

Supreme Court, Special Term, Nassau County,

August 21, 1959.

*Robert L. Budin*for plaintiffs.

*Warburton & Connolly*for defendants.

Bernard S. Meyer, J.

Motion for an order directing the defendants to furnish the plaintiffs with copies of reports made by physicians who examined the plaintiffs on behalf of the defendants. Motion *granted,*hut in the exercise of discretion, the court will require that plaintiffs furnish defendants with copies of reports made by such of plaintiffs’ physicians as will be called by plaintiffs to testify at the trial.

The court does not construe *Mansoor*v. *Simon*(5 A D 2d 845) or *Baum*v. *Nussenbaum*(7 A D 2d 991) to mean that it is an abuse of discretion for Special Term to direct plaintiffs to furnish copies of medical reports, since in neither of those cases had Special Term’s discretion been exercised. While a refusal to impose such a condition may not he an abuse of discretion, its imposition would not appear to be an abuse of discretion either. Thus, in the First Department the rules have since December, 1958 (New York County, Supreme Ct. Rules, Trial Term, rule XII) required that defendant he furnished with plaintiff’s medical report *prior to examination of plaintiff by defendant’s doctor.*(See *Curran*v. *Cas ella,*8 A D 2d 423.) In this department, the Statement of Readiness Rule (Rules App. Div., 2d Dept., Special Rule, eff. Jan. 15, 1957, as amd.) now requires authorization to defendant to inspect plaintiff’s hospital records. In the Third Department, in *Rooney*v. *Colson*(3 A D 2d 410, 412) the Appellate Division “ in accordance with the modern trend toward full disclosure on both sides ” exercised discretion to require exchange of medical reports. In the Federal courts, since 1937 the Federal Rules of Civil Procedure (rule *14235) has required that where the party examined physically so requests, he must he given a copy of the physician’s report but must give in exchange reports of any examination, previously or thereafter made, of the same condition. Finally, the revised form of notice of pretrial hearing, recently adopted for use in this court in this county, now provides for “ furnishing copies to opposing counsel * * * of all medical reports of physicians *who will testify upon the trial*’ ’ (underscoring in the original). In view of the present state of trial calendars and the salutary effect, in bringing about settlements and in reducing time consumed in presenting medical evidence at the trial, that may be expected as a result of the interchange of medical reports, the court concludes that its discretion should be exercised to require the interchange referred to above.

Short-form order signed.
##### 



Exhibit 32
 Certification Pursuant to 18 U.S.C. Section 1350 as Adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  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 as of
and for the periods covered in the Report.
 /s/ MICHAEL L. BENNETT
Michael
L. Bennett
    
    
    
    /s/ FRANCIS G. MEYER

Francis G. MeyerPresident and Chief Executive Officer
    
    
    
    Sr. Vice President and Chief Financial andDirector (Principal Executive Officer)
    
    
    
    (Principal Financial Officer)Dated: November 1, 2006
    
    
    
    Dated: November 1, 2006
15 P.3d 815

SUPREME COURT OF HAWAI'I

#### State v. Canio

22615

11/02/2000

Vacated and Remanded
<PAGE>
                                                                   Exhibit 11

                    VIEWLOGIC SYSTEMS, INC. AND SUBSIDIARIES
                   COMPUTATION OF NET INCOME PER COMMON SHARE
                      (In thousands, except per share data)
<TABLE>
<CAPTION>
                                           Quarter Ended       Nine Months Ended
                                           September 30,         September 30,
                                           --------------      -----------------
                                           1997      1996        1997      1996
                                           ----      ----        ----      ----
Primary Earnings Per Share
--------------------------
<S>                                      <C>       <C>         <C>       <C>    
Weighted average number of shares 
outstanding:
  Common stock                           16,886    16,772      16,669    16,911
  Common equivalent shares
    resulting from stock options and
    warrants (treasury stock method)      1,435       631       1,136       608
  Less:  Repurchased shares                                                (269)
                                         ------    ------      ------    ------      

            Total                        18,321    17,403      17,805    17,250
                                         ======    ======      ======    ======

Net income                               $4,161    $3,124      $5,086    $5,775
                                         ======    ======      ======    ======

Net income per common share              $ 0.23    $ 0.18      $ 0.29    $ 0.33
                                        =======   =======     =======   =======



Fully-Diluted Earnings Per Share
--------------------------------

Weighted average number of shares 
outstanding:
  Common stock                           16,886    16,772      16,669    16,911
  Common equivalent shares
    resulting from stock options and
    warrants (treasury stock method)      2,174       631       2,172       617
  Less:  Repurchased shares                                                (269)
                                         ------    ------      ------    ------

            Total                        19,060    17,403      18,841    17,259
                                         ======    ======      ======    ======

Net income                               $4,161    $3,124      $5,086    $5,775
                                         ======    ======      ======    ======

Net income per common share             $  0.22   $  0.18     $  0.27   $  0.33
                                        =======   =======     =======   =======
</TABLE>
        
                                       42
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.                  

###### Federal Maritime Commission

                    The Commission hereby gives notice of filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments, relevant information, or documents regarding the agreements to the Secretary by email at                     *Secretary@fmc.gov,*                     or by mail, Federal Maritime Commission, 800 North Capitol Street, Washington, DC 20573. Comments will be most helpful to the Commission if received within 12 days of the date this notice appears in the                     **Federal Register**                    , and the Commission requests that comments be submitted within 7 days on agreements that request expedited review. Copies of agreements are available through the Commission's website (                    *www.fmc.gov*) or by contacting the Office of Agreements at (202)-523-5793 or                     *tradeanalysis@fmc.gov.*

*Agreement No.:*                     201412.                

*Agreement Name:*                     MSC/Ellerman Space Charter Agreement.                

*Parties:*                     MSC Mediterranean Shipping Company SA; Ellerman City Liners Ltd.                

*Filing Party:*                     Wayne Rohde; Cozen O'Connor.                

*Synopsis:*                     The agreement authorizes MSC to charter space to Ellerman in the trade between ports in Sweden, Poland, Lithuania, Germany, the United Kingdom, Belgium and France on the one hand, and ports on the East Coast of the United States on the other hand.                

*Proposed Effective Date:*                     12/1/2023.                

*Location: https://www2.fmc.gov/​FMC.Agreements.Web/​Public/​AgreementHistory/​84531.*

Dated: December 1, 2023.

Carl Savoy,

Federal Register Alternate Liaison Officer.

[FR Doc. 2023-26767 Filed 12-5-23; 8:45 am]

BILLING CODE 6730-02-P
**Exhibit      32.1**

**CERTIFICATION**

**OF**

**CHIEF      EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

|   | (a)  | the                Quarterly Report on Form 10-Q of Hana Biosciences, Inc. for the quarter                ended September 30, 2006 (the “Report”) fully complies with the                requirements of Section 13(a) or 15(d) of the Securities Exchange                Act of                1934; and |
|--------|-----------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (b)  | information                contained in the Report fairly presents, in all material respects,                the                financial condition and results of operations of Hana Biosciences,                Inc. |
|--------|-----------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:                November 13, 2006  |   | /s/                Mark J. Ahn           |   |
|-----------------------------------------------|--------|-----------------------------------------------------------------------------|--------|
|                                          |   | Mark                J. Ahn                                             |   |
|                                          |   | President                and Chief Executive Officer                   |   |
|                                          |   |                                                                        |   |
| Dated:                November 13, 2006  |   |  /s/                John P. Iparraguirre      |   |
|                                          |   | John                P. Iparraguirre                               |   |
|                                          |   | Vice                President, Chief Financial Officer            |   |

----
#### Mary Eliseo, as Executrix of Gerolamo Abbatiello, Deceased, Appellant-Respondent, v Stan Margolin Associates, Inc., Respondent-Appellant.

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court properly denied plaintiff’s motion for summary judgment. The allegations in defendant’s third-party complaint cannot be used as admissions against defendant, particularly where they are inconsistent with the denials in the answer *(see, Kirchner v Muller,*280 NY 23; *Collins v Caldor of Kingston,*73 AD2d 708; *Scolite Intl. Corp. v Vincent J. Smith, Inc.,*68 AD2d 417). Plaintiff is not entitled to summary judgment on the cause of action alleging a breach of the agreement requiring defendant to indemnify and hold plaintiff harmless against any liens placed on plaintiff’s property as a result of the construction. An action for the breach of an indemnity agreement does not arise until plaintiff has suffered damage by reason of the breach *(Mars Assocs. v New York City Educ. Constr. Fund,*126 AD2d 178).

The court properly directed plaintiff to respond to defendant’s demand for a bill of particulars as modified. Contrary to plaintiff’s contention, the demand did not call for evidentiary material.

It is impossible for us to review plaintiff’s argument that the court erred by denying her motion for a protective order with respect to defendant’s notice for discovery and inspection because the notice is not included in the record.

For the reasons stated by Supreme Court, defendant’s motion for summary judgment was properly denied, except that summary judgment should have been granted dismissing the tenth cause of action for attorney’s fees. Here, attorney’s fees may not be awarded because no award is authorized either by agreement, statute, or court rule *(see, Matter of A. G. Ship Maintenance Corp. v Lezak,*69 NY2d 1, 5). Thus, we modify *683the order appealed from by granting summary judgment dismissing the tenth cause of action. (Appeals from Order of Supreme Court, Nassau County, Robbins, J. — Summary Judgment.) Present — Doerr, J. P., Boomer, Pine, Lawton and Lowery, JJ.
# C_2008209EN.01002302.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/23 |
| --- | --- | --- | --- |

15.8.2008

EN

Official Journal of the European Union

C 209/23

---

Action brought on 22 May 2008 — Commission of the European Communities v Ireland

(Case C-221/08)

(2008/C 209/34)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: R. Lyal, W. Mölls, Agents)

Applicant:

Defendant: Ireland

Defendant:

The applicant claims that the Court should:

| — | declare that by imposing minimum and maximum retail prices for cigarettes, Ireland has failed to comply with its obligations under Article 9(1) of Council Directive 95/59/EC (1) of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco; |
| --- | --- |

—

declare that by imposing minimum and maximum retail prices for cigarettes, Ireland has failed to comply with its obligations under Article 9(1) of Council Directive 95/59/EC (1) of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco;

1

| — | declare that by failing to provide the necessary information on the applicable Irish legislation in order to enable the Commission to fulfil its duty to monitor compliance with Directive 95/59, Ireland has failed to comply with its obligations under Article 10 EC; |
| --- | --- |

—

declare that by failing to provide the necessary information on the applicable Irish legislation in order to enable the Commission to fulfil its duty to monitor compliance with Directive 95/59, Ireland has failed to comply with its obligations under Article 10 EC;

| — | order Ireland to pay the costs. |
| --- | --- |

—

order Ireland to pay the costs.

Pleas in law and main arguments

By virtue of the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (No 2) Regulations 1986 and the arrangements made in implementation of those regulations with tobacco manufacturers and importers, Ireland imposes a minimum price for cigarettes corresponding to a level no more than 3 % below the weighted average price for cigarettes in the category in question. Moreover, in so far as manufacturers and importers may not set prices more than 3 % above that weighted average price, Ireland also imposes a maximum price for cigarettes. Such a system is contrary to Article 9(1) of directive 95/59, under which tobacco manufacturers are ‘free to determine the maximum retail selling price for each of their products’.

Pursuant to Article 10 EC, the Member States have a duty to facilitate the Commission's tasks, in particular by complying with requests for information made in the course of infringement proceedings. The Commission submits that by failing to provide any information on the applicable Irish legislation, despite the Commission's repeated requests, Ireland has failed to comply with its obligations under Article 10 EC.

---

(1)  OJ L 291, p. 40.

1

---
# - Bryan \1/, Shaw, Ph ,D .. Chainl7Gn Buddy Garcia, Comm i ssioner Carlos Rubinste in, Commissirme r 

# RE CE IVED [I.'

lark R. Vickery , P.G " Executil'f.' D iredor 

## 11 JUN - 6 

## P H 2: I B TEXAS 

### COMMI SS IO N O N ENVIRO N M

ENTAL QUALITYSU r tj-; · .f UN D DIV.



### . . D iR E C

T

O

R

'S OF C . Pro!ecli17{ / T e xas by Reducing an d Pr eur!11lirlg Pol/uti on May 26 , 2011 -, : ' " 

### ?J

- .......**.** 

## r> 

# c ,Cf'> iT ·



### - ,. -0 Ml'. Samuel Coleman, P .E . , Director Superfund Division 

### , -**:~..:.** U.S . Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas. Texas 75202 · Re: Palmer Barge Line Superfund Site, Jefferson County, Texas Direct Final Action to Delete from 

### the National Priorities List (NPL) Dear Mr, Coleman: 

### -

.**]**

-4" 

### ..**~** !



### The Texas Commission on Environmental Quality (TCEQ) 

### has reviewed the Draft Notice of Direct Final Action for the referenced site . We concur with the conclusion "that all a.ppropriate response actions under CERCL\ at the Palmer Barge Line Superfund Site have been completed, .. Because the selected remedy resulted in hazardous substances remaining onsite at concentrations that do not allow unlimited use , revie\vs will be required at least as o ft e n as every five years from the initiation of the remedial action, The first five-year review 

### "vill be conducted before September 2012, The TCEQ also notes that the EPA has obtained Restrictive Covenants from the ]ando" ....ner, v\'hich have been filed among the appropriate property records for the site, indicating 

### that the future 

### use of the property is restricted to commercial/industrial purposes . The TCEQ understands that this Direct Final Action 

### will be effective 60 days from the date of publica tio-n ffl ' -Hte Federal Reg i s ter.-y- nlcss thf:' EP-A--f.ec.p.i.\'p$ -<:ignifica nt adverse O.r . critical comments within 30 day s of publication in the Federal Register., in "' ....hich case 

### the EPA will publish a document tJlat \\;thdraws tJ1is action . In summary , the TCEQ concurs \vith the EPA proposaJ to delete the Palmer Barge Line Superfund Site from the NPL 

### by Direct Final Action .

Mark R. Vickery , P , G , Executive Director MV/,fP/c,'\'

p,o, Box l:\OR7 Austi n. Texas 

### n 7 11<10117 512 · 239

- 1000 Internet address : www.tceq .stdte.tx.us 

### <:.. fl. r-'
[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 86929-86930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27596]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Countering Weapons of Mass Destruction

    Notice is hereby given that, on October 9, 2023, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Countering Weapons of Mass 
Destruction (``CWMD'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
changes in its membership. The notifications were filed for the purpose 
of extending the

[[Page 86930]]

Act's provisions limiting the recovery of antitrust plaintiffs to 
actual damages under specified circumstances.
    Specifically, Bowler Pons Solutions Consultants LLC, Annapolis, MD; 
BlackSky Geospatial Solutions, Inc., Herndon, VA; Kemp Proteins LLC, 
Frederick, MD; KRI at Northeastern University LLC, Burlington, MA; 
Peerless Technologies Corp., Fairborn, OH; Resilience Government 
Services, Inc., Alachua, FL; and Tetramer Technologies LLC, Pendleton, 
SC have been added as parties to this venture.
    Also, Decon7 Systems LLC, Scottsdale, AZ; Fire Safety 
International, Inc., Sheffield Lake, OH; Firefly Photonics LLC, 
Coralville, IA; Luna Labs USA LLC, Charlottesville, VA; Paratek 
Pharmaceuticals, King of Prussia, PA; Quantitative Scientific Solutions 
LLC, Arlington, VA; Re:Build CR LLC, Rock Hill, SC; Saint-Gobain 
Crystals, Hiram, OH; Shipcom Federal Solutions LLC, Arlington, VA; and 
Veritech LLC, Glendale, AZ have withdrawn as parties to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and CWMD intends to file additional 
written notifications disclosing all changes in membership.
    On January 31, 2018, CWMD filed its original notification pursuant 
to section 6(a) of the Act. The Department of Justice published a 
notice in the Federal Register pursuant to section 6(b) of the Act on 
March 12, 2018 (83 FR 10750).
    The last notification was filed with the Department on July 10, 
2023. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on September 26, 2023 (88 FR 66058).

Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division.
[FR Doc. 2023-27596 Filed 12-14-23; 8:45 am]
BILLING CODE P