alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT LORENA FEE, a

n individual, Plaintiff - Appe lla nt, v. M ANAGEM ENT & TR

A INING C ORPOR ATION, a

fore ign c o rporation, De fe nda

nt - Appe lle e . No. 13-15703 D.C . No. 3:12-c v-00302-R C J-VPC M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ne v a da R obe rt C live Jone s, Distric t Judge , Pre siding Subm itte d August 20, 2015 ** San Fran c isc o , C a lifornia B e fore : C LIFTON, N.R . SM ITH, a nd C HR ISTEN, C i rc u it Judge s. Lore na Fe e a ppe a ls from

the distric t c ourt’ s judgm e nt dismissing he r a c tion a lle ging a viola tion of theAm e ric ans with Disa bilitie s Ac t, 42 U.S.C . §§ 12101, e t se q. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e re vie w de novo a distric t 

# FIL ED AUG 21 2015 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).c ourt’ s dismissa l unde r Fe de ra l R ule of C ivil Proc e dure 12(b)(6), K nie v e l v . ESPN

, 393 F.3d 1068, 1072 (9th C ir. 2005). W e a ffirm the distric t

c ourt’ s orde r. The distric t c ourt prope rly dism isse d Fe e ’ s a c tion be c a use the fa c ts tha

t Fe e a lle ge d a re c onc lusory an d

do not show tha

t he r e c z e m a

substa ntia lly lim i ts he r in a m a jor life a c tivity . Se e 42 U.S.C . § 12102(1) (de fining “ disa bility ” ); 29 C .F.R . § 1630.2(i)(1)(ii) (de fining “m a jor life a c tivitie s,” to inc l ude the “ ope ration of a m a jor bodily func t ion” ); se e also W

e av ing v . C

ity of Hillsboro , 763 F.3d 1106, 1111 (9th C ir. 2014) (a

disa bility is a phy sic a l or m e nta l im

pa irm e nt tha

t substa ntia lly lim i ts one or m ore m a

jor life a c tivitie s of the individual who c la im s the d isa bility). The se c ond a

m e nde d c om

pla i nt did not inc lude a lle gat ions of fa c t that Fe e ’ s c ondition preve nts he r skin from func tioning. AFFIRM E D.

1 3 - 1 5 7 0 3 2
# C_2021138EN.01002801.xml

| 19.4.2021 | EN | Official Journal of the European Union | C 138/28 |
| --- | --- | --- | --- |

19.4.2021

EN

Official Journal of the European Union

C 138/28

---

Order of the President of the Fifth Camber of the Court of Justice of 11 January 2021 — European Commission v Hungary

(Case C-761/19) (1)

(2021/C 138/33)

Language of the case: Hungarian

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 77, 9.3.2020.

---
<PAGE>

Exhibit 12.1

  Hanover Compressor Company Computation of Ratio of Earnings to Fixed Charges
                        (Amounts in thousands of dollars)

<TABLE>
<CAPTION>

                                                                     YEAR ENDED DECEMBER 31,
                                                       ----------------------------------------------------
                                                         2000       1999       1998       1997       1996
                                                       --------   --------   --------   --------   --------
                                                      (Restated)
<S>                                                    <C>        <C>        <C>        <C>        <C>
Earnings:
Pretax income from continuing operations............   $ 79,010    $60,463    $49,636    $28,685    $16,953

Add:
Interest on indebtedness and amortization of
 debt expense and discount(1).......................     15,116      9,115     11,716     10,728      6,594
Interest component of leasing and rent expense......     46,132     22,486      6,310        113        132
Equity in losses of joint ventures..................     (3,518)    (1,188)    (1,369)        --         --
                                                       --------    -------    -------    -------    -------
 Earnings as adjusted                                   136,740     90,876     66,293     39,526     23,679
                                                       --------    -------    -------    -------    -------
Fixed charges:
Interest on indebtedness, amortization of debt
 expense and discount and capitalized interest(1)...     16,589     10,597     11,716     10,728      6,594
Interest component of leasing and rent expense......     46,132     22,486      6,310        113        132
                                                       --------    -------    -------    -------    -------
 Fixed charges......................................     62,721     33,083     18,026     10,841      6,726
                                                       --------    -------    -------    -------    -------
Ratio of earnings to fixed charges..................       2.18       2.75       3.68       3.65       3.52
                                                       ========    =======    =======    =======    =======
</TABLE>
-------------
(1) Includes distributions on mandatorily redeemable convertible preferred
    securities.
# City of Norton - Appalachian Regional Commission

- LENOWISCO Planning District Commission Executive Director Duane A. Miller Email &#100;&#109;&#x69;&#x6c;&#108;&#101;&#x72;&#x40;&#108;&#101;&#x6e;&#x6f;&#119;&#105;&#x73;&#x63;&#111;&#46;&#x6f;&#x72;&#103;The post LENOWISCO Planning District Commission appeared first on Appalachian Regional Commission.
EX-10.1
                        PROMISSORY NOTE

                        PROMISSORY NOTE

Principal Amount $10,000.00                          Date: July 12, 2002

     FOR VALUE RECEIVED, RMD Technologies, Inc. hereby promise to
pay to the order of Steven J. Galliher the sum of Ten Thousand
Dollars, together with interest thereon at the rate of 1% per month on
the unpaid balance. Said sum shall be paid upon demand.

     This note shall at the option of any holder thereof be
immediately due and payable upon the occurrence of any of the
following:  1) Breach of any condition of any security interest,
mortgage, loan agreement, pledge agreement or guarantee granted as
collateral security for this note. 2) Breach of any condition of any
loan agreement, security agreement or mortgage, if any, having a
priority over any loan agreement, security agreement or mortgage on
collateral granted, in whole or in part, as collateral security for
this note. 3) Upon the death, incapacity, dissolution or liquidation
of any of the undersigned, or any endorser, guarantor to surety
hereto. 4) Upon the filing by any of the undersigned of an assignment
for the benefit of creditors, bankruptcy or other form of insolvency,
or by suffering an involuntary petition in bankruptcy or receivership
not vacated within thirty (30) days.

     In the event this note shall be in default and placed for
collection, then the undersigned agree to pay all reasonable attorney
fees and costs of collection. All payments hereunder shall be made to
such address as may from time to time be designated by any holder.

     The undersigned and all other parties to this note, whether as
endorsers, guarantors or sureties, agree to remain fully bound until
this note shall be fully paid and waive demand, presentment and
protest and all notices hereto and further agree to remain bound,
notwithstanding any extension, modification, waiver, or other
indulgence or discharge or release of any obligor hereunder or
exchange, substitution, or release of any collateral granted as
security for this note. No modification or indulgence by any holder
hereof shall be binding unless in writing; and any indulgence on any
one occasion shall not be an indulgence for any other or future
occasion. Any modification or change in terms, hereunder granted by
any holder hereof, shall be valid and binding upon each of the
undersigned, notwithstanding the acknowledgement of any of the
undersigned, and each of the undersigned does hereby irrevocably grant
to each of the others a power of attorney to enter into any such
modification on their behalf. The rights of any holder hereof shall be
cumulative and not necessarily successive. This note shall take effect
as a sealed instrument and shall be construed, governed and enforced
in accordance with the laws of the State of California.


                                       RMD Technologies, Inc.


                                       By: /s/  Pat Galliher
                                       Pat Galliher, President
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LORENA FEE, an individual,

 Plaintiff - Appellant,

 v.

MANAGEMENT & TRAINING

CORPORATION, a foreign corporation,

 Defendant - Appellee.

No. 13-15703

D.C. No. 3:12-cv-00302-RCJ-VPC

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Robert Clive Jones, District Judge, Presiding

Submitted August 20, 2015** 

San Francisco, California

Before: CLIFTON, N.R. SMITH, and CHRISTEN, Circuit Judges.

Lorena Fee appeals from the district court’s judgment dismissing her action

alleging a violation of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et

seq. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district

FILED

AUG 21 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
court’s dismissal under Federal Rule of Civil Procedure 12(b)(6), Knievel v. ESPN,

393 F.3d 1068, 1072 (9th Cir. 2005). We affirm the district court’s order. 

The district court properly dismissed Fee’s action because the facts that Fee

alleged are conclusory and do not show that her eczema substantially limits her in a

major life activity. See 42 U.S.C. § 12102(1) (defining “disability”); 29 C.F.R.

§ 1630.2(i)(1)(ii) (defining “major life activities,” to include the “operation of a

major bodily function”); see also Weaving v. City of Hillsboro, 763 F.3d 1106,

1111 (9th Cir. 2014) (a disability is a physical or mental impairment that

substantially limits one or more major life activities of the individual who claims

the disability). The second amended complaint did not include allegations of fact

that Fee’s condition prevents her skin from functioning.

AFFIRMED.

2 13-15703
1st Amendment to Employment Agreement, June 29, 2004 for Linda B. Carlo



 Exhibit 10.24 
  
 FIRST AMENDMENT TO 
 EMPLOYMENT AGREEMENT 
  
 WHEREAS, Casual Male Retail Group, Inc.,
and Linda B. Carlo (“Executive”) entered into a certain Employment Agreement dated as of July 9, 2003, (hereinafter referred to as the “Agreement”); and 
  
 WHEREAS, Company and Executive wish to amend, modify and/or restate certain terms, provisions, conditions, and covenants of the Agreement.

  
 NOW, THEREFORE, in consideration of the foregoing, and of the promises,
covenants, conditions and agreements contained herein, and for One Dollar ($1.00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the Company and Executive hereby agree to amend
the Agreement as follows: 
  

	1.	Section 2 of the Agreement is hereby deleted in its entirety and the following is hereby substituted in lieu thereof: 

  
 “2.    TERM 
  
 The term of employment under this Agreement shall begin on August 4, 2004
(“Employment Date”) and shall continue for a period of two (2) years from that date subject to prior termination in accordance with the terms hereof.” 
  

	2.	Section 3(a) of the Agreement is hereby deleted in its entirety and the following is hereby substituted in lieu thereof: 

  
 “3.    COMPENSATION

  
 (a) As compensation for the employment services to be rendered
by the Executive hereunder, the Company agrees to pay to Executive, and Executive agrees to accept, payable in equal installments in accordance with Company practice, an annual base salary of $303,000.00 effective as of May 1, 2004.”

  

	3.	Except as herein specifically modified and amended, all of the terms, provisions, conditions, and covenants of the Agreement shall continue in full force and effect and shall be
deemed unchanged except to the extend modified and amended herein. 

  
 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Employment Agreement as a sealed instrument, in any number of counterpart copies, each of which shall be deemed an original for all
purposes, as of the day and year first written below. 
  
 CASUAL MALE RETAIL
GROUP, INC. (Company) 
  

							
				
	By:	 	/s/    DAVID A.
LEVIN                         	 	 	 	June 29, 2004
	 	 	 David A. Levin
 President and
 Chief Executive Officer
	 	 	 	Date
				
	By:	 	/s/    DENNIS R.
HERNREICH              	 	 	 	June 29, 2004
	 	 	 Dennis R. Hernreich
 Secretary
	 	 	 	Date
				
	 	 	  
 EXECUTIVE
  
  
 /s/    LINDA B.
CARLO                        
	 	 	 	June 29, 2004
	 	 	Linda B. Carlo	 	 	 	Date
**Exhibit
        32.1**
 
 
 **CERTIFICATION
        PURSUANT TO**
 **18
        U.S.C. §1350,**
 **AS
        ADOPTED PURSUANT TO**
 **SECTION
        906 OF THE**
 **SARBANES-OXLEY
        ACT OF 2002**
 
 
 In
        connection with the Quarterly Report of IVI Communications, Inc., (the
        "Company") on Form 10-QSB for the period ended December 31, 2006 as filed
        with
        the Securities and Exchange Commission on the date hereof (the "Report"),
        the
        undersigned certifies, pursuant to 18 U.S.C. section 1350, as adopted pursuant
        to Section 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (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.
  Date:
                  February 14, 2007
              
              /s/ Nyhl
                HensonNyhl
                  Henson
                Chief
                  Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS RESTATED SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 28, 1996 AND THE CONSOLIDATED
STATEMENT OF OPERATIONS INCLUDED IN THE QUARTERLY REPORT ON FORM 10-Q FOR THE
NINE MONTHS ENDED SEPTEMBER 28, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                                        <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-START>                             DEC-31-1995
<PERIOD-END>                               SEP-28-1996
<CASH>                                           3,345
<SECURITIES>                                         0
<RECEIVABLES>                                      910
<ALLOWANCES>                                       113
<INVENTORY>                                     13,056
<CURRENT-ASSETS>                                22,120
<PP&E>                                          40,683
<DEPRECIATION>                                   7,638
<TOTAL-ASSETS>                                  91,556
<CURRENT-LIABILITIES>                           26,610
<BONDS>                                              0
<PREFERRED-MANDATORY>                           43,527
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                       2,746
<TOTAL-LIABILITY-AND-EQUITY>                    91,556
<SALES>                                        129,132
<TOTAL-REVENUES>                               129,132
<CGS>                                           88,035
<TOTAL-COSTS>                                   88,035
<OTHER-EXPENSES>                                46,407
<LOSS-PROVISION>                                   123
<INTEREST-EXPENSE>                                 888
<INCOME-PRETAX>                                (6,198)
<INCOME-TAX>                                   (1,295)
<INCOME-CONTINUING>                            (4,903)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,903)<F1>
<EPS-PRIMARY>                                   (1.91)<F1>
<EPS-DILUTED>                                   (1.91)<F1>
<FN>
<F1>Restatement reflected herein is the result of adoption of Statement of
Financial Accounting Standards No. 128, "Earnings Per Share".
</FN>
        

</TABLE>
# C_2008260EN.01001702.xml

| 11.10.2008 | EN | Official Journal of the European Union | C 260/17 |
| --- | --- | --- | --- |

11.10.2008

EN

Official Journal of the European Union

C 260/17

---

Action brought on 18 August 2008 — Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a reindeer made of chocolate)

(Case T-337/08)

(2008/C 260/32)

Language in which the application was lodged: German

Parties

Applicant: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg, Switzerland) (represented by: R. Lange, E. Schalast and G. Hild, lawyers)

Applicant:

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

Defendant:

Form of order sought

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2008 (Appeal Case R 780/2005-4); and |
| --- | --- |

—

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2008 (Appeal Case R 780/2005-4); and

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

—

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: A three-dimensional mark, representing a reindeer made of chocolate, for goods in Class 30 (Application No 4 098 489).

Community trade mark concerned:

Decision of the Examiner: Rejection of the application.

Decision of the Examiner:

Decision of the Board of Appeal: Dismissal of the appeal.

Decision of the Board of Appeal:

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), as the mark applied for has the necessary distinctive character and its availability does not have to be preserved.

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

---
<PAGE>

                                                                    EXHIBIT 99.1

                            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 Quarterly Report of Huntington Preferred
Capital, Inc. (the "Company") on Form 10-Q for the quarter ending March 31,
2003, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Michael J. McMennamin, President 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:

                  (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/ Michael J. McMennamin
                                           -------------------------------------
                                               Michael J. McMennamin, President
                                               (chief executive officer)
                                               May 15, 2003
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4748 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 4748

  To amend the Internal Revenue Code of 1986 to deny a deduction for 
     severance payments made in connection with sexual misconduct.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2018

 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Espaillat, Mrs. 
    Demings, Ms. Norton, Mr. Suozzi, and Mr. Khanna) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to deny a deduction for 
     severance payments made in connection with sexual misconduct.

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

SECTION 1. DENIAL OF DEDUCTION FOR SEVERANCE PAYMENTS MADE IN 
              CONNECTION WITH SEXUAL MISCONDUCT.

    (a) In General.--Section 162 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (q) as subsection (r) and by 
inserting after subsection (p) the following new subsection:
    ``(q) Denial of Deduction for Severance Payments Made in Connection 
With Sexual Misconduct.--No deduction shall be allowed under this 
chapter for any amount paid or incurred to any employee in connection 
with the termination of employment of such employee if a factor in such 
termination was sexual assault, sexual harassment, or any other sexual 
misconduct by such employee.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years ending after the 
date of the enactment of this Act.
                                 <all>
```