alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Rules and Regulations]
[Page 76930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31248]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 556


Tolerances for Residues of New Animal Drugs in Food; Moxidectin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is updating the animal 
drug regulations to correctly reflect the tolerance for moxidectin in 
cow's milk. This document amends the regulations to state the correct 
tolerance is 40 parts per billion (ppb). This action is being taken to 
improve the accuracy of the agency's regulations. Changes to a current 
format are also being made.

DATES: This rule is effective December 8, 2000.

FOR FURTHER INFORMATION CONTACT: Janis R. Messenheimer, Center for 
Veterinary Medicine (HFV-135), Food and Drug Administration, 7500 
Standish Pl., Rockville, MD 20855, 301-827-7578.

SUPPLEMENTARY INFORMATION: Moxidectin solution is approved for topical 
use in cattle for the treatment and control of infections and 
infestations of certain internal and external parasites. When the 
November 2, 1999, approval of the use of moxidectin in lactating dairy 
cows was published in the Federal Register of June 9, 2000 (65 FR 
36616), the tolerance for parent moxidectin in the milk of cattle was 
incorrectly listed. At this time, the regulations are being amended in 
21 CFR 556.426 to state the correct tolerance is 40 ppb and, 
editorially, to reflect current format.
    This rule does not meet the definition of ``rule'' in 5 U.S.C. 
804(3)(A) because it is a rule of ``particular applicability.'' 
Therefore, it is not subject to the congressional review requirements 
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 556

    Animal drugs, Foods.


    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs and 
redelegated to the Center for Veterinary Medicine, 21 CFR part 556 is 
amended as follows:

PART 556--TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD

    1. The authority citation for 21 CFR part 556 continues to read as 
follows:

    Authority: 21 U.S.C. 342, 360b, 371.


    2. Section 556.426 is amended by revising paragraph (b) to read as 
follows:


Sec. 556.426  Moxidectin.

* * * * *
    (b) Tolerances--(1) Cattle--(i) Liver (the target tissue). The 
tolerance for parent moxidectin (the marker residue) is 200 parts per 
billion (ppb).
    (ii) Muscle. The tolerance for parent moxidectin (the marker 
residue) is 50 ppb.
    (iii) Milk. The tolerance for parent moxidectin (the marker residue 
in cattle milk) is 40 ppb.
    (2) [Reserved]

    Dated: November 29, 2000.
David R. Newkirk,
Acting Deputy Director, Office of New Animal Drug Evaluation, Center 
for Veterinary Medicine.
[FR Doc. 00-31248 Filed 12-7-00; 8:45 am]
BILLING CODE 4160-01-F
#### Carmela Dacunto, Respondent, v Dyker Terrace, Inc., et al., Defendants, and Parents Without Partners, Appellant.

In an action to recover damages for personal injuries, the defendant Parents Without Partners appeals from so much of an order of the Supreme Court, Kings County (Hurowitz, J.), dated April 26, 1989, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly slipped and fell while dancing at a social function held by the appellant Parents Without Partners at Dyker Terrace in Brooklyn. The plaintiff commenced an action against Dyker Terrace, Inc., Joseph Ferrantelli, the owner of Dyker Terrace, Inc., and Parents Without Partners, which allegedly rented the facility for the social function.

Although the appellant resisted discovery, it nevertheless denies any involvement with the social function, and claims that a local chapter of the organization sponsored the event.

As movant, the appellant must establish its defense sufficiently to warrant a court directing judgment in its favor as a matter of law *(see, Zuckerman v City of New York,*49 NY2d 557, 562). Here, a triable issue of fact exists as to whether the appellant rented the facility for a social function and, therefore, the appellant’s motion for summary judgment was properly denied by the Supreme Court. Lawrence, J. P., Sullivan, Rosenblatt and Miller, JJ., concur.
**EXHIBIT 99.1**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350**

 

As adopted pursuant tosection 906 of the Sarbanes-Oxley Act of 2002

 

In connection with the AnnualReport of Allied Devices Corporation, (the “Company”) on Form 10-K for theperiod ending September 30, 2002 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Mark Hopkinson, PrincipalExecutive Officer of the Company, certify, to my knowledge, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

(1)          The Report fully complies with therequirements of Section 13(a) or Section 15(d) of the Securities Exchange Actof 1934, as amended; and

 

(2)          The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
|   | /s/  Mark Hopkinson     |   |
|--------|------------------------------|--------|
|   | Mark  Hopkinson              |
|   | Principal  Executive Officer |
|   | January 13,  2003            |

 

----
#### ELY v. STATE.

No. 20374.

Court of Criminal Appeals of Texas.

April 19, 1939.

No attorney for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Judge.

Under an indictment jointly charging James Foye and Joe Ely with the theft of an automobile valued at $400 the defendant *300Foye was acquitted, and Joe Ely was found guilty by the jury and his punishment assessed at confinement in the penitentiary for a term of four years.

The record contains no statement of facts or bills of exception. In such condition nothing is presented for review.

We observe that in pronouncing sentence against appellant the court overlooked giving effect to. the indeterminate sentence law as provided in Art. 775, C.C. P., Vernon’s Ann.C.C.P. art. 775, and directed the confinement of appellant in the penitentiary for four years. Sentence will be amended to direct appellant’s confinement in the penitentiary for not less than 2 nor more than four years, and as thus reformed the judgment is affirmed.
-78.0 -77.8 -77.6 -77.4 -77.2 -77.0 -76.8 -76.6 -76.4

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NOAA HYSPLIT MODEL

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Source

★ at 38.92 N 77.01 W Meters AGL

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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Statement of Financial Condition at September 30, 1999 (Unaudited) and the
Statement of Income for the nine months ended September 30, 1999 (Unaudited)
and is qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         (1,507)
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         (1,507)
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 (1,325)
<CURRENT-LIABILITIES>                          241,030
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           421
<OTHER-SE>                                   (269,955)
<TOTAL-LIABILITY-AND-EQUITY>                   (1,325)
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                95,289
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (95,289)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (95,289)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (95,289)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
Notice is hereby given that, on July 17, 1999, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Ohio Aerospace Institute Federated Intelligent Product Environment Consortium (“FIPER”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Pursuant to section 6(b) of the Act, the identities of the parties are Ohio Aerospace Institute, Cleveland, OH; BFGoodrich Aerospace, Aerostructures Group, Chula Vista, CA; Engineous Software, Inc., Morrisville, NC; GE Aircraft Engines, Cincinnati, OH; Ohio University, Athens, OH; and Parker Hannifin Corporation, Mentor, OH. The nature and objectives of the venture are to conduct research and development directed at reducing design time by intelligently automating elements of the design process in a linked associative environment. The participants are joining together to collaborate to accelerate the development of technology to provide true concurrency between design and manufacturing. Information regarding participation in The Federated Intelligent Product Environment “FIPER” Consortium may be obtained from Jake Breland, Ohio Aerospace Institute (OAI), 22800 Cedar Point Rd., Cleveland, Ohio 44142.                

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 00-3127  Filed 2-9-00; 8:45 am]

BILLING CODE 4410-11-M
<PAGE>
                                                                    EXHIBIT 10.9

                SALARIES AND BONUSES OF NAMED EXECUTIVE OFFICERS

         On February 10, 2005, the Board of Directors of Wolverine Tube, Inc.
ratified the decisions of the Compensation Committee with respect to the
determination of discretionary bonuses for 2004 for each named executive officer
and the increase in the annual base salary of Johann R. Manning. Jr., President
and Chief Operating Officer, which increase was made retroactive to October 1,
2004 (1). 2005 base salaries for the remaining named executive officers are
currently unchanged from 2004 levels. The following table sets forth for each
named executive officer the current base salary level and the discretionary
bonus paid for 2004:


<TABLE>
<CAPTION>
                                                                CURRENT                      2004
NAME AND POSITION                                             BASE SALARY            DISCRETIONARY BONUS
-----------------                                             -----------            -------------------
<S>                                                           <C>                    <C>
Dennis J. Horowitz                                             $595,000                    $432,000
Chairman and Chief Executive Officer

Johann R. Manning, Jr.                                         $312,000                    $165,360
President and Chief Operating Officer

James E. Deason (2)                                               --                       $117,222
Executive Vice President,
Chief Financial Officer and Secretary

Thomas B. Sabol (3)                                            $250,000                       --
Senior Vice President,
Chief Financial Officer and Secretary

Keith I. Weil                                                  $227,248                    $85,218
Senior Vice President,
International and Strategic Development

Massoud Neshan                                                 $205,967                    $38,619
Senior Vice President, Technology
</TABLE>

---------------------
(1)    This adjustment was made to reflect his then current job
       responsibilities and comparable market value resulting from a
       compensation study conducted on behalf of the compensation committee.
(2)    Mr. Deason retired effective March 31, 2005.
(3)    Mr. Sabol assumed the position of Senior Vice President, Chief Financial
       Officer and Secretary upon Mr. Deason's retirement on March 31, 2005.

The above bonuses were paid to the employees on May 11, 2005.
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-50501

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Everardo Monita-Zamora, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Texas

USDC No. 1:22-CR-211-2

______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Everardo Monita-Zamora has 

moved for leave to withdraw and has filed a brief in accordance with Anders 

v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 

(5th Cir. 2011). Monita-Zamora has filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein, as 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

March 27, 2024

Lyle W. Cayce

Clerk

Case: 23-50501 Document: 46-1 Page: 1 Date Filed: 03/27/2024
No. 23-50501

2

well as Monita-Zamora’s response. We concur with counsel’s assessment 

that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED, 

counsel is excused from further responsibilities herein, and the appeal is

DISMISSED. See 5th Cir. R. 42.2. Monita-Zamora’s request for the 

appointment of counsel is DENIED. See United States v. Wagner, 158 F.3d 

901, 902-03 (5th Cir. 1998).

Case: 23-50501 Document: 46-1 Page: 2 Date Filed: 03/27/2024
Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

Juan Luis Obeso, Appellant

No. 06-13-00138-CR v.

The State of Texas, Appellee

Appeal from the 276th District Court of 

Titus County, Texas (Tr. Ct. No. 17,713). 

Memorandum Opinion delivered by Justice 

Moseley, Chief Justice Morriss and Justice 

Carter participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Juan Luis Obeso, has adequately indicated his inability to pay 

costs of appeal. Therefore, we waive payment of costs.

RENDERED APRIL 25, 2014

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
<PAGE>   1
                      [LETTERHEAD OF COOPERS & LYBRAND]




                      CONSENT OF INDEPENDENT ACCOUNTANTS
        


We consent to the incorporation by reference in the (i) Registration Statements
(Form S-8 No. 33-41258. No. 33-78846, No. 33-89366 and No. 333-44761)
pertaining to the 1991 Employee Stock Option Plan of Cellular Commuincations
International, Inc. (ii) Registration Statements (Form S-8 No. 33-55442 and No.
33-89368) pertaining to Non-Employee Director Stock Option Plan of Cellular
Communications International, Inc. and (iii) Registration Statements (Form S-8
No. 33-55440, No. 33-78840 and No. 33-89370) pertaining to Non-Qualified Stock
Option Agreements of Cellular Communications International, Inc. and (iv)
Registration Statements (Form S-3 No. 33-90980 and No. 33-97392) pertaining to
the registration of 13 1/4% Senior Discount Notes and Warrants to purchase
Common Stock and the related Prospectus of our report dated March 25, 1998 on
our audit of the financial statements of Omnitel Sistemi Radiocellulari Italiani
S.p.A. as of December 31, 1997 and 1996 and for each of the three years in the
period ended December 31, 1997 and our report dated March 25, 1998 on our audit
of the financial statements of Omnitel Pronto Italia S.p.A. as of December 31,
1997 and 1996 and for each of the three years in the period ended December 31,
1997, which reports are included in this Form 10-K/A-1.



                                                   COOPERS & LYBRAND S.p.A.






Milan, Italy
April 10, 1998
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
consolidated  balance sheet as of January 3, 1999, and the related statements of
income and cash flows for the 12-month period then ended and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>   1000
       
<S>                                <C>
<PERIOD-TYPE>                      YEAR
<FISCAL-YEAR-END>                  JAN-03-1999
<PERIOD-START>                     DEC-29-1997
<PERIOD-END>                       JAN-03-1999
<CASH>                             11273
<SECURITIES>                           0
<RECEIVABLES>                      11401
<ALLOWANCES>                         585
<INVENTORY>                        54002
<CURRENT-ASSETS>                   81956
<PP&E>                            222016
<DEPRECIATION>                     96402
<TOTAL-ASSETS>                    312721
<CURRENT-LIABILITIES>              73464
<BONDS>                                0
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<COMMON>                              97
<OTHER-SE>                         27364
<TOTAL-LIABILITY-AND-EQUITY>      312721
<SALES>                           601869
<TOTAL-REVENUES>                  601869
<CGS>                             426452
<TOTAL-COSTS>                     426452
<OTHER-EXPENSES>                  143991
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>                 25811
<INCOME-PRETAX>                     5615
<INCOME-TAX>                        3491
<INCOME-CONTINUING>                 2124
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                        2124
<EPS-PRIMARY>                        .26
<EPS-DILUTED>                        .25
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AIRNET
SYSTEMS, INC.'S QUARTERLY REPORT ON FORM 10-Q FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       4,729,285
<SECURITIES>                                         0
<RECEIVABLES>                               12,100,950
<ALLOWANCES>                                    76,682
<INVENTORY>                                  6,203,793
<CURRENT-ASSETS>                            30,056,930
<PP&E>                                     102,863,113
<DEPRECIATION>                              47,698,036
<TOTAL-ASSETS>                              93,916,819
<CURRENT-LIABILITIES>                        8,611,119
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       127,450
<OTHER-SE>                                  76,781,188
<TOTAL-LIABILITY-AND-EQUITY>                93,916,819
<SALES>                                      1,088,088
<TOTAL-REVENUES>                            71,544,281
<CGS>                                          860,312
<TOTAL-COSTS>                               48,955,985
<OTHER-EXPENSES>                             5,605,141
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              25,331
<INCOME-PRETAX>                             16,957,824
<INCOME-TAX>                                 6,763,000
<INCOME-CONTINUING>                         10,194,824
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                10,194,824
<EPS-PRIMARY>                                      .81
<EPS-DILUTED>                                      .81
        

</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 1489

To amend the Internal Revenue Code of 1986 to repeal the provision which

includes unemployment compensation in income subject to tax.

IN THE HOUSE OF REPRESENTATIVES

MARCH 25, 1993

Mrs. KENNELLY 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 repeal

the provision which includes unemployment compensation

in income subject to tax.

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

3 SECTION 1. REPEAL OF TAXATION OF UNEMPLOYMENT

4 COMPENSATION.

5 (a) GENERAL RULE.—Section 85 of the Internal

6 Revenue Code of 1986 (relating to unemployment com7 pensation) is hereby repealed.

8 (b) REPEAL OF REPORTING REQUIREMENTS.—Sec9 tion 6050B of such Code (relating to returns relating to

10 unemployment compensation) is hereby repealed.
2

•HR 1489 IH

1 (c) CLERICAL AMENDMENTS.—

2 (1) The table of sections for part II of sub3 chapter B of chapter 1 of such Code is amended by

4 striking the item relating to section 85.

5 (2) The table of sections for subpart B of part

6 III of subchapter A of chapter 61 of such Code is

7 amended by striking the item relating to section

8 6050B.

9 (d) EFFECTIVE DATE.—The amendments made by

10 this section shall apply to payments received after Decem11 ber 31, 1992.

Æ