alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II

105TH CONGRESS

1ST SESSION S. 1528

To amend chapters 83 and 84 of title 5, United States Code, to provide

for the equitable waiver of certain limitations on the election of survivor

reductions of Federal annuities, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 13, 1997

Mr. ROBB introduced the following bill; which was read twice and referred to

the Committee on Governmental Affairs

A BILL

To amend chapters 83 and 84 of title 5, United States

Code, to provide for the equitable waiver of certain limitations on the election of survivor reductions of Federal

annuities, and for other purposes.

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

3 SECTION 1. EQUITABLE WAIVER OF LIMITATIONS ON ELEC4 TION OF SURVIVOR REDUCTION OF FEDERAL

5 ANNUITIES.

6 (a) CIVIL SERVICE RETIREMENT SYSTEM.—

7 (1) RETIRED EMPLOYEE MARRIED AT TIME OF

8 RETIREMENT.—Section 8339(j)(5)(C)(i) of title 5,
2

•S 1528 IS

1 United States Code, is amended by adding at the

2 end the following: ‘‘The Office may waive the appli3 cation of either of the 2-year limitations under this

4 clause, if an individual seeking to make an election

5 after the applicable 2-year period is without fault

6 and such application would be against equity and

7 good conscience.’’.

8 (2) RETIRED EMPLOYEE UNMARRIED AT TIME

9 OF RETIREMENT.—Section 8339(k)(2)(A) of title 5,

10 United States Code, is amended—

11 (A) by inserting ‘‘(i)’’ after ‘‘(A)’’; and

12 (B) by adding at the end the following:

13 ‘‘(ii) The Office may waive the application

14 of either of the 2-year limitations under clause

15 (i), if—

16 ‘‘(I) the individual seeking to make an

17 election after the applicable 2-year period

18 is without fault; and

19 ‘‘(II) such application would be

20 against equity and good conscience.’’.

21 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—

22 (1) RETIRED EMPLOYEE MARRIED AT TIME OF

23 RETIREMENT.—Section 8416(b)(1) of title 5, United

24 States Code, is amended—

25 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
3

•S 1528 IS

1 (B) by adding at the end the following:

2 ‘‘(B) The Office may waive the application of

3 either of the 2-year limitations under subparagraph

4 (A), if—

5 ‘‘(i) the individual seeking to make the

6 election after the applicable 2-year period is

7 without fault; and

8 ‘‘(ii) such application would be against eq9 uity and good conscience.’’.

10 (2) RETIRED EMPLOYEE UNMARRIED AT TIME

11 OF RETIREMENT.—Section 8416(c)(1) of title 5,

12 United States Code, is amended—

13 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

14 (B) by adding at the end the following:

15 ‘‘(B) The Office may waive the application of

16 either of the 2-year limitations under subparagraph

17 (A), if—

18 ‘‘(i) the individual seeking to make the

19 election after the applicable 2-year period is

20 without fault; and

21 ‘‘(ii) such application would be against eq22 uity and good conscience.’’.

Æ
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

LARRY DEAN CROW, 3:13-cv-00757-ST

Plaintiff, ORDER

v. 

 

BROOKS MOTOR CO., an Oregon

corporation; and GARY BROOKS, 

 Defendants.

______________________________

GARY BROOKS,

Counterclaimant,

v.

LARRY DEAN CROW,

Counterclaim Defendant.

1 - ORDER

Case 3:13-cv-00757-BR Document 62 Filed 12/30/14 Page 1 of 2
BROWN, Judge.

Magistrate Judge Janice M. Stewart issued Findings and

Recommendation (#60) on November 10, 2014, in which she

recommends this Court deny Defendants’ Motion (#24) for Summary

Judgment. The matter is now before this Court pursuant to 28

U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and

Recommendation were timely filed, this Court is relieved of its

obligation to review the record de novo. See Dawson v. Marshall,

561 F.3d 930, 932 (9th Cir. 2009). See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). 

Having reviewed the legal principles de novo, the Court does not

find any error. 

CONCLUSION 

The Court ADOPTS Magistrate Judge Stewart's Findings and

Recommendation (#60). Accordingly, the Court DENIES Defendant's

Motion (#24) for Summary Judgment.

IT IS SO ORDERED.

DATED this 30th day of December, 2014.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

2 - ORDER

Case 3:13-cv-00757-BR Document 62 Filed 12/30/14 Page 2 of 2
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[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Page 46601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17788]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0636]


Safety Zones; Annual Events in the Captain of the Port Buffalo 
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a safety zone located in federal 
regulations for the annual D-Day Conneaut event. This action is 
necessary and intended for the safety of life and property on navigable 
waters during this event. During each enforcement period, no person or 
vessel may enter the safety zone without the permission of the Captain 
of the Port Buffalo.

DATES: The regulations in 33 CFR Table 165.939(c)(2) will be enforced 
from 1:15 p.m. through 6 p.m. each day from August 19, 2021, through 
August 21, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email MST2 Natalie Smith, Waterways 
Management Division, U.S. Coast Guard Marine Safety Unit Cleveland; 
telephone 216-937-6004, email <a href="/cdn-cgi/l/email-protection#8acebab3a7d9c7c8a7c7d9dfc9c6cfdccfc6cbc4cea7ddddc7cafff9e9eda4e7e3e6"><span class="__cf_email__" data-cfemail="1357232a3e405e513e5e4046505f5645565f525d573e44445e53666070743d7e7a7f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
listed in 33 CFR Table 165.939(c)(2) for D-Day Conneaut, each day from 
1:15 p.m. through 6 p.m. from August 19, 2021, through August 21, 2021. 
This action is being taken to provide for the safety of life on 
navigable waterways during this multi-day event.
    Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring 
within the safety zone during an enforcement period is prohibited 
unless authorized by the Captain of the Port Buffalo or a designated 
representative. Those seeking permission to enter the safety zone may 
request permission from the Captain of Port Buffalo via channel 16, 
VHF-FM. Vessels and persons granted permission to enter the safety zone 
shall obey the directions of the Captain of the Port Buffalo or her 
designated representative. While within a safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course. 
In addition to this notification of enforcement in the Federal 
Register, the Coast Guard plans to provide notification of this 
enforcement period via the Local Notice to Mariners and marine 
information broadcasts.

    Dated: August 9, 2021.
Lexia M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2021-17788 Filed 8-18-21; 8:45 am]
BILLING CODE 9110-04-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
f8k121208ex10iv_celsius.htm


    
      Exhibit
10.4

      CELSIUS
HOLDINGS, INC.

      


      CERTIFICATE
OF AMENDMENT TO

      CERTIFICATE
OF DESIGNATION OF

      SERIES
A CONVERTIBLE PREFERRED STOCK

      


      Celsius
Holdings, Inc., a Nevada corporation (the “Company”),
acting pursuant to Chapter 78 of the Nevada Revised Statutes, the General
Corporation Law of Nevada, does hereby submit the following Certificate of
Amendment to the Certificate of Designation of Series A Convertible Preferred
Stock filed on August 20, 2008 (the “Certificate of
Designation”).

      


      FIRST:  The
name of the Company is Celsius Holdings, Inc.

      


      SECOND:  By
unanimous consent of the Board of Directors of the Company (the “Board of
Directors”), the following resolutions were duly adopted:

      


      WHEREAS
it is the desire of the Board of Directors to amend the certificate of
designation issued August 8, 2008;

      


      NOW,
THEREFORE, BE IT RESOLVED that the Certificate of Designation authorizing is
3,000 shares of Series A Convertible Preferred Stock of the Company (the “Series A
Preferred Stock”) is hereby amended as follows:

      


      “Conversion
Price” means (A) until and including December 31, 2010 $0.08 (eight
cents) and (B) after December 31, 2010 the greater of (i) 90% of the Market
Price on the conversion date and (ii) $0.08 (eight cents) as appropriately
adjusted for stock splits, stock dividends and similar events.

      


      IN
WITNESS WHEREOF, the Company has caused this Certificate to be executed by its
President and attested to by its Secretary this 12th day of December,
2008.

      


      CELSIUS
HOLDINGS, INC.

      


      By:                
/s/ Stephen C.
Haley                                                                

      Name:
Stephen C. Haley

      Title:  Chief
Executive Officer

      


      ATTEST:

      


      /s/ Jan A.
Norelid                                           

      Name:  Jan
A Norelid

      Title:  Secretary
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Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBAENES-OXLEY
ACT OF 2002

In connection with the Quarterly Report of American Commerce Solutions, Inc. (the Company) on Form 10-Q for the
three months ended May 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to such officers knowledge: Section 13(a)



| | (1) | The Report fully complies with the requirements of Section 13 (a) of Section 15 (d) of the Securities and 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 the dates and for the
periods expressed in the Report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

In accordance with the Exchange Act, this report has been signed below by the following
persons on behalf of the registrant and in the capacities and on the dates indicated.



|                                             |  |                                                                    |  |              
|-------------------------------------------- |  | ------------------------------------------------------------------ |  | -------------
|Signatures                                   |  | Title                                                              |  | Date         
|                                             |  |                                                                   
|/s/    Robert E. Maxwell Robert E. Maxwell   |  | Chairman of the Board & Director                                   |  | July 20, 2009
|                                             |  |                                                                   
|/s/    Daniel L. Hefner Daniel L. Hefner     |  | Chief Executive Officer, President & Director                      |  | July 20, 2009
|                                             |  |                                                                   
|/s/    Frank D. Puissegur Frank D. Puissegur |  | Chief Financial Officer (Principal Financial Officer)
and Director |  | July 20, 2009
Qltfurt of Appeals

JTtfll| Itsirtrt of Okxas at Sallas

JUDGMENT

RAPP COLLINS WORLDWIDE, INC.,

Appellant

No. 05-96-00627-CV V.

ROBERT R. MOHR, Appellee

Appeal from the 192nd Judicial District

Court of Dallas County, Texas. (Tr.Ct.No.

93-8324-K).

Opinion delivered by Justice Kinkeade,

Justices Whittington and James

participating.

In accordance with this Court's opinion of this date, the judgment of the trial court

is AFFIRMED. It is ORDERED that appellee Robert R. Mohr recover: his costs of this

appeal from appellantRapp Collins Worldwide, Inc. and from General Insurance Company

of America as surety on appellant's cost bond; and the full amount of the trial court's

judgment and the costs of this appeal, to the extent that they exceed the liability of General

Insurance Company of America as surety on appellant's cost bond, from appellant Rapp

Collins Worldwide, Inc. and from General Insurance Company of America as surety on

appellant's supersedeas bond.

Judgment entered August 31, 1998.

£d^

ED KINKEADE

JUSTICE
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#### Christopher G. Ducie et al., Respondents, v Christine K. Ippolito, Appellant.

[944 NYS2d 275]—

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), entered June 22, 2011, as granted the plaintiffs’ motion for summary judgment on the issue of liability.

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

The plaintiffs Christopher G. Ducie and his wife, suing derivatively, demonstrated their prima facie entitlement to judgment as a matter of law on the issue of liability by establishing that the sole proximate cause of the subject accident was the defendant Christine E. Ippolito’s violation of Vehicle and Traffic Law § 1141 in making a left turn when it was not reasonably safe to do so, directly into the path of Ducie’s oncoming motorcycle which was lawfully present in the intersection *(see Loch v Garber,*69 AD3d 814, 815 [2010]; *Palomo v Pozzi,*57 AD3d 498 [2008]; *Spivak v Erickson,*40 AD3d 962, 963 [2007]). Since Ducie had the right-of-way, he was entitled to assume that Ippolito would obey the traffic laws requiring her to yield to his motorcycle *(see Almonte v Tobias,*36 AD3d 636 [2007]; *Berner v Koegel,*31 AD3d 591, 592 [2006]). “Although a driver with a right-of-way also has a duty to use reasonable care to avoid a collision, ... a driver with the right-of-way who has only *1068seconds to react to a vehicle which has failed to yield is not comparatively negligent for failing to avoid the collision” *(Yelder v Walters,*64 AD3d 762, 764 [2009] [citations omitted]; *see Socci v Levy,*90 AD3d 1020, 1021 [2011]; *Vainer v DiSalvo,*79 AD3d 1023, 1024 [2010]). Here, the plaintiffs established Ducie’s freedom from comparative fault through his deposition testimony, which was consistent with Ippolito’s deposition testimony. That testimony established that Ducie was already in the intersection when Ippolito began to make the turn in front of him, and Ducie immediately applied his brakes but was unable to avoid the collision.

In opposition, Ippolito’s allegations that Ducie was traveling at an excessive rate of speed and could have avoided the accident did not raise a triable issue of fact as to comparative fault. These contentions were speculative and unsupported in light of Ducie’s testimony that he was traveling about 15 to 20 miles per hour, and Ippolito’s testimony that she was unable to estimate Ducie’s rate of speed and did not see his motorcycle before she moved into his lane of travel *(see Socci v Levy,*90 AD3d at 1021; *Loch v Garber,*69 AD3d at 816; *Yelder v Walters,*64 AD3d at 765). Accordingly, the Supreme Court properly granted the plaintiffs’ motion for summary judgment on the issue of liability. Angiolillo, J.P., Lott, Roman and Miller, JJ., concur.