alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20thStreet, N.W., Ninth Floor

Washington, DC 20036-3457

|                            |                                          |
|----------------------------|------------------------------------------|
| SECRETARY OF LABOR,        |                                          |
| Complainant,               |                                          |
| v.                         | OSHRC Docket Nos. 11-2780& 11-2780-A |
| PEACOCK ENGINEERING, INC., |                                          |
| Respondent.                |                                          |

APPEARANCES:

Amy S. Tryon, Attorney;Charles F. James, Counsel for Appellate Litigation; Joseph M. Woodward, Associate Solicitor of Labor for Occupational Safety and Health; M. Patricia Smith, Solicitor of Labor; U.S. Department of Labor, Washington, DC

For the Complainant

James A. D’Ambrosio,Esq.; Chase M. Stern, Esq.;Stark & D’Ambrosio, LLP, San Diego, CA

For the Respondent

SEVERANCE ORDER

Before: MacDOUGALL,ActingChairman;andATTWOOD, Commissioner.

BY THE COMMISSION:

On revieware two citation items issued to Peacock Engineering, Inc.,an installer of burial crypts at Miramar National Cemetery in San Diego,California.1 UnderItem 1, the Secretaryallegesa violation of the OccupationalSafety andHealthAct’s general duty clause, 29 U.S.C. § 654(a)(1), based on the exposure of Peacock employees to “amputation, struck by and crushed by hazards, while guiding a suspended [crypt] by hand”onto its plot.UnderItem 5, the Secretaryallegesa serious violation of a provision of the material handling equipment standard, 29 C.F.R. §1926.602(c)(1)(ii), based on the company having modified, without the manufacturer’s approval, the forklift used to move crypts from where they were deliveredatthecemetery to a staging area. Administrative Law Judge Patrick B. Augustine vacated both of these items,and the Secretary sought review of the judge’s decision.

Becausewecannot agree on the disposition of Item 5,andgiven thatItems 1 and 5require adjudication ofalmost entirelyseparatefacts, we hereby sever Item 5pursuant to Commission Rule 10.2 Item 1remainsassignedtoDocket No. 11-2780, whileItem 5 isnowassignedtoDocket No. 11-2780-A.

SO ORDERED.

/s/

Heather L. MacDougall

ActingChairman

/s/

Cynthia L. Attwood

Commissioner

Dated:April 27, 2017

----

1 Four other citation items were issued to Peacock—two were settled below (Items 2 and 4), and two were affirmed (Items 3 and 6)but not petitioned for review.

2 Commission Rule 10 provides that “[u]pon its ownmotion, . . .the Commission . . . may order any proceeding severed with respect to some or all claims or parties.” 29 C.F.R. § 2200.10.
Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

The undersigned certify, pursuant to 18 U.S.C. § 1350 as adopted by §
906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | the Quarterly Report on Form 10-Q of Community Bankshares, Inc. (the
“Company”) for  the quarterly period ended September 30, 2003 (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.                                                                                                         



Date: November 13, 2003

| | /s/ Harry L. Stephens
          Harry L. Stephens
          Executive Vice-President and
          Chief Financial Officer
| | --------------------------------------------------------------------------------------------------------------------------
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACED FROM SCANTEK
MEDICAL INC. FINANCIAL STATEMENTS AT DECEMBER 31, 1999 AND THE SIX MONTHS THEN
ENDED AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER>                  1

<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>                       JUN-30-2000
<PERIOD-END>                            DEC-31-1999
<CASH>                                        6,499
<SECURITIES>                                210,481
<RECEIVABLES>                                     0
<ALLOWANCES>                                      0
<INVENTORY>                                 892,001
<CURRENT-ASSETS>                          1,227,900
<PP&E>                                    2,058,560
<DEPRECIATION>                              404,310
<TOTAL-ASSETS>                            3,509,325
<CURRENT-LIABILITIES>                     4,546,975
<BONDS>                                           0
<PREFERRED-MANDATORY>                        18,336
<PREFERRED>                                       0
<COMMON>                                          0
<OTHER-SE>                               (2,990,995)
<TOTAL-LIABILITY-AND-EQUITY>              3,509,325
<SALES>                                       5,775
<TOTAL-REVENUES>                            603,275
<CGS>                                       182,940
<TOTAL-COSTS>                             1,207,842
<OTHER-EXPENSES>                                  0
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                          199,360
<INCOME-PRETAX>                            (727,133)
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                        (727,133)
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                               (727,133)
<EPS-BASIC>                                  (.04)
<EPS-DILUTED>                                  (.04)



</TABLE>
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-50661 

Conference Calendar

 

RICK THOMAS, Others Similarly Situated,

Plaintiff-Appellant,

versus

ALLAN B. POLUNSKY, Chairman,

Texas Board of Criminal Justice, ET AL.,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-97-CV-286-DB

- - - - - - - - - -

April 19, 1999

Before JONES, SMITH, and DUHÉ, Circuit Judges.

PER CURIAM:*

Rick Thomas, Texas prisoner # 765101, appeals the district

court’s grant of summary judgment for the defendants in this 42

U.S.C. § 1983 action. Thomas has not adequately briefed any

argument relating to the district court’s grant of summary

judgment. See Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir.

1995); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d

744, 748 (5th Cir. 1987).
No. 98-50661

-2-

Thomas’ appeal is without arguable merit and is frivolous. 

Accordingly, the appeal is DISMISSED. 5th Cir. R. 42.2. The

dismissal of this appeal as frivolous counts as a strike for

purposes of 28 U.S.C. § 1915(g). We caution Thomas that once he

accumulates three strikes, he may not proceed in forma pauperis

(IFP) in any civil action or appeal filed while he is

incarcerated unless he is under imminent danger of serious

physical injury. See 28 U.S.C. § 1915(g).

APPEAL DISMISSED; WARNING ISSUED.
```

[Congressional Record Volume 154, Number 175 (Monday, November 17, 2008)]
[Senate]
[Pages S10555-S10556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                       REMEMBERING DOROTHY GREEN

 Mrs. BOXER. Madam President, I am honored to remember a great 
American activist, environmental leader, mentor, and woman of service--
Dorothy Green, who passed away on October 13, 2008, at the age of 79.
  Dorothy's career as a leading environmental activist for clean and 
sound water policy spanned three decades. She was well known for her 
self-taught expertise on clean oceans and responsible water management. 
She also founded several well-known organizations that continue to make 
an impact on California's environment.
  Dorothy Green was born in Detroit to Polish immigrants in 1929. She 
moved to California where she graduated from the University of 
California, Berkley, with a degree in music. She married her husband 
Jacob in 1951. For many years, Dorothy stayed home and took care of her 
children. In 1962, she began dedicating her life to volunteerism with 
her involvement in the Exceptional Children's Foundation, committed to 
helping children with developmental disabilities--like her son, 
Hershel.
  Dorothy began advocating for water quality in 1972 when she 
volunteered in a campaign to establish the California Coastal 
Commission. From there, Dorothy became president of the Los Angeles 
League of Conservation Voters, where she focused primarily on sewage 
treatment. However, Dorothy is best known for forming one of the 
largest, nonprofit environmental groups in Los Angeles in 1985, Heal 
the Bay. Heal the Bay has grown to 15,000 members and fights to protect 
coastal waters, clean up beaches, and reports on the

[[Page S10556]]

water quality conditions of over 500 California beaches through its 
annual Beach Report Card.
  Dorothy's work did not stop with Heal the Bay. She went on to found 
the Los Angeles and San Gabriel Rivers Watershed Council to preserve, 
restore, and enhance the economic, social, and environmental aspects of 
the local watersheds. She also went on to help establish the Public 
Officials for Water and Environmental Reform and the California Water 
Impact Network--both dedicated to water sustainability.
  Even to the very last days of her life, when she was bedridden and 
under hospice care, Dorothy fought for positive change. She wrote an 
editorial for the Los Angeles Times, pleading for sensible water 
policy, and she even provided specific guidance on how to obtain it. 
Dorothy inspired others to take action on environmental issues through 
a life of dedicated leadership and service.
  Green is survived by three sons, Joshua, Avrom and Herschel; two 
brothers, Morris and Gerald; and three granddaughters, Jessica, 
Katherine and Tara. I send my deepest condolences to them.
  Our Nation lost an amazing environmental activist with the passing of 
Dorothy Green, but her legacy to the State of California and promotion 
of clean ocean water will live on.

                          ____________________
```
Exhibit
32.1




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 National Property Analysts Master
Limited Partnership (“NPAMLP”) on Form 10-Q for the period ended September 30,
2010 as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, Edward B. Lipkin, President of EBL&S, Inc., the Managing
General Partner of NPAMLP certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 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)
Information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of NPAMLP.





National
      Property Analysts Master Limited Partnership(Registrant)Date:
                  November 8,
      2010By:
                  EBL&S, Inc., its managing general
      partnerBy:
                  /s/ Edward B. LipkinName:
                  Edward
      B. LipkinTitle:
                  President
O rder issued December 11, 2014

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 14
- 00 8 25
- CV

——————————— SHARIF CHOUDHUR Y , TAHERA CHOWDHUR Y , AND ENTERPRISE HOUSTON, INC. , RAJINDER SINGH, RITA KAUR, RAJIV CHHABRA,

AND GAURI CHHABRA, Appellant s

V . SLAWOMIR J. SKIBICKI AND A & SKIPOL, INC., Appellee s

On Appeal from the 1 1 th Judicial District C ourt

Harris County, Texas Trial Court Cause No. 20 13
- 76488

MEMORANDUM O RDER A ppellant s , Sharif Choudhury, Tahera Chowdhury, and Enterprise Houston,
Inc. , h a ve filed a motion to voluntarily dismiss their appeal and request that all costs be assessed against the party incurring the same. Appellants state that2

appellees have been contacted and do not oppose this motion and that this dismissal will not prevent any other parties from seeking relief to which they would otherwise be entitled

. See T EX . R. A PP . P. 10.3(a)(2) , 42.1(a ) (1)

. Although other parties have filed their own notice s of appeal, no opinion has issued involving the above appellants

. See T EX . R. A PP . P. 42.1 (a)(1), (c). Accordingly, we grant the motion and dismiss the appeal by Sharif Choudhury, Tahera Chowdhury, and Enterprise Houston, Inc., with costs to be taxed against the party who incurred the same

. See T EX . R. A PP . P. 42.1(a)(1) , (b), (d), 43.2(f)

. We dismiss any pending motions by the above appellants as moot. The appeal by the remaining appellants remains on this Court’s active docket. PER CURIAM Panel consists of Justices Keyes , Higley, and Brown

.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 116 Received in Senate (RDS)]

<DOC>
115th CONGRESS
  2d Session
H. CON. RES. 116

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2018

                                Received

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
       Providing for a correction in the enrollment of H.R. 1625.

    Resolved by the House of Representatives (the Senate concurring), 
That in the enrollment of the bill H.R. 1625, the Clerk of the House of 
Representatives shall make the following correction: Amend the long 
title so as to read: 

              

 ``Making appropriations for the fiscal year ending September 30, 2018, 
and for other purposes.''.

            Passed the House of Representatives March 22, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 01695

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

x 01695\01695_Checklist.xls EPA Technical Review Checklist Workbook

01695\01695_Completeness_Checklist.xls EPA Completeness Review Checklist

01695\01695_HardcopyLog.doc EPA log of hardcopy documents submitted

x 01695\01695_Part A.xls Plant submitted survey file

x 01695\01695_Part B.xls Plant submitted survey file

x 01695\01695_Part C.xls Plant submitted survey file

x 01695\01695_Part D.xls Plant submitted survey file

x 01695\01695_Part E.xls Plant submitted survey file

x 01695\01695_Part F.xls Plant submitted survey file

x 01695\01695_Part G.xls Plant submitted survey file

x 01695\01695_Part H.xls Plant submitted survey file

01695\Certification Statement Plant ID 01695.pdf Plant certification statement

x 01695\Supplemental Documents\01695_Diagram 1 Craig 1695 Dry Bottom Ash System.pdf Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\01695_Diagram 3 Craig 1695 GW wells near SPD-7.pdf Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\01695_Diagram 4 Craig 1695 GW wells near SPD-8.pdf Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\01695_Diagram 5 Craig 1695 GW wells near RET-LANDFILL-1.pdf Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\01695_Map 1 and 2 Aerial Maps of Craig.pdf Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\01695_Part C_ref.xls Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\01695_WB-1.pdf Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\01695_WB-2.pdf Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\CBI Substantiation\Tri-State Generation_EIP FOIA.pdf Plant submitted supplemental files to the survey

x 01695\Supplemental Documents\Diagram 2 Craig 1695 Dry Bottom Ash System.pdf Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket.
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 14-14679

________________________

D.C. Docket No. 4:11-cv-01846-VEH

JOANNE PEARSON,

Plaintiff-Counter Defendant-Appellant,

versus

TRAVELERS HOME AND MARINE INSURANCE COMPANY,

Defendant-Counter Claimant-Appellee.

________________________

Appeal from the United States District Court

for the Northern District of Alabama

________________________

(June 12, 2015)

Before ED CARNES, Chief Judge, TJOFLAT and SENTELLE,

* Circuit Judges.

PER CURIAM:

 * Honorable David Bryan Sentelle, United States Circuit Judge for the District of Columbia, 

sitting by designation.

Case: 14-14679 Date Filed: 06/12/2015 Page: 1 of 3 
2

Having studied the briefs and the pertinent parts of the record, and after 

hearing oral argument, we conclude that the district court did not err in entering 

summary judgment against the plaintiff in this case. See, e.g., Miller’s Ale House, 

Inc. v. Boynton Carolina Ale House, LLC, 702 F.3d 1312, 1316 (11th Cir. 2012) 

(“Where the record taken as a whole could not lead a rational trier of fact to find 

for the non-moving party, there is no genuine issue for trial.”) (quotation marks 

omitted); Garczynski v. Bradshaw, 573 F.3d 1158, 1165 (11th Cir. 2009) (“A 

‘mere scintilla’ of evidence is insufficient; the non-moving party must produce 

substantial evidence in order to defeat a motion for summary judgment.”); Galvez 

v. Bruce, 552 F.3d 1238, 1240 n.1 (11th Cir. 2008) (“Under Federal Rule of Civil 

Procedure 56, the court may disregard an offer of evidence that is too incredible to 

be believed.”) (quotation marks omitted); see also Hickson Corp. v. N. Crossarm 

Co., 357 F.3d 1256, 1260 (11th Cir. 2004) (“An issue of fact is ‘genuine’ if the 

record taken as a whole could lead a rational trier of fact to find for the nonmoving 

party.”).1

 1 The appellant contends that it was an abuse of discretion to deny her discovery motion on 

attorney–client privilege grounds. The district court, however, based its discovery ruling on two 

independent grounds. The other ground was the work product privilege, which appellant did not 

challenge in her brief. She has, therefore, abandoned any contention that the district court 

erroneously applied the work product privilege. Because she has “fail[ed] to challenge properly 

on appeal one of the grounds on which the district court based its” discovery ruling, “it follows 

that the [ruling] is due to be affirmed.” Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 680 

(11th Cir. 2014).

Case: 14-14679 Date Filed: 06/12/2015 Page: 2 of 3 
3

AFFIRMED.2

 2 The appellee’s motion to strike certain portions of the appellant’s reply brief is DENIED.

Case: 14-14679 Date Filed: 06/12/2015 Page: 3 of 3
##### 



Exhibit 99.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
PURSUANT TO SECTION 906 OF SARBANES  OXLEY ACT OF 2002

In connection with the accompanying Quarterly Report on Form 10-Q of
Indiantown Cogeneration, L.P. for the quarter ended March 31, 2003, I, P.
Chrisman Iribe, President of Indiantown Cogeneration, L.P., hereby certify
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:



| | (1) |  | such Quarterly Report on Form 10-Q for the
quarter ended March 31, 2003 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 such Quarterly
Report on Form 10-Q for the quarter ended
March 31, 2003 fairly presents, in all
material respects, the financial condition
and results of operations of Indiantown
Cogeneration, L.P.

|             |  |                              
|------------ |  | -----------------------------
|May 14, 2003 |  | /s/ P. Chrisman Iribe        
|             |  | P. Chrisman Iribe            
|             |  | President                    
|             |  | Indiantown Cogeneration, L.P.

A signed original of this written statement required by Section 906 has been
provided to Indiantown Cogeneration, L.P. and will be retained by Indiantown
Cogeneration, L.P. and furnished to the Securities and Exchange Commission or
its staff upon request
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC
ACCOUNTING FIRM

We consent to
the incorporation by reference in the Registration Statements on Form S-3
(Registration Statement Nos. 33-62797, 333-38199, 333-84320, 333-102373,
333-134864) of American Express Credit Corporation of our report dated March
30, 2007 with respect to the consolidated financial statements of American Express Credit Corporation included in this
Annual Report on Form 10-K for the year ended December 31, 2006.

/s/
PricewaterhouseCoopers LLP

New York, New
York
March 30, 2007

---
```
**Exhibit 99.3****CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER OR PRINCIPAL FINANCIAL OFFICER
                     PURSUANT TO 18 U.S.C. SECTION 1350**

     In  connection  with the  accompanying  Quarterly  Report  on Form  10-Q of
Indiantown  Cogeneration Funding Corporation for the quarter ended September 30,
2002, I, John R. Cooper, Vice President,  Treasurer, Chief Financial Officer and
Principal  Accounting Officer of Indiantown  Cogeneration  Funding  Corporation,
hereby certify pursuant to 18 U.S.C.ss.1350, as adopted pursuant toss.906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     (1)  such Quarterly Report on Form 10-Q for the quarter ended September 30,
          2002 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 such Quarterly Report on Form10-Q for the
          quarter  ended  September  30, 2002 fairly  presents,  in all material
          respects,  the  financial  condition  and  results  of  operations  of
          Indiantown Cogeneration Funding Corporation.

November 14, 2002                              /s/ John R. Cooper
                                               -----------------------------
                                               John R. Cooper
                                               Vice President, Treasurer, Chief
                                               Financial Officer and Principal
                                               Accounting Officer
                                               Indiantown Cogeneration Funding
                                               Corporation
```