alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009238EN.01000401.xml

| 3.10.2009 | EN | Official Journal of the European Union | C 238/4 |
| --- | --- | --- | --- |

3.10.2009

EN

Official Journal of the European Union

C 238/4

---

Non-opposition to a notified concentration

(Case COMP/M.5540 — Lion Capital/CEDC/Russian Alcohol Group)

(Text with EEA relevance)

2009/C 238/02

On 4 September 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5540. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5540. EUR-Lex is the on-line access to the European law.

---
1

The HONORABLE JEAN C. HAMILTON, Chief Judge, United States

District Court for the Eastern District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 01-3331

___________

Norman Banks, *

*

Appellant, * Appeal from the United States

* District Court for the

v. * Eastern District of Missouri.

*

AmerenUE, * [UNPUBLISHED]

*

Appellee. *

___________

 Submitted: February 7, 2002

 Filed: February 14, 2002

___________

Before LOKEN, BEAM, and RILEY, Circuit Judges.

___________

PER CURIAM.

Norman Banks brought this action against AmerenUE, his former employer,

claiming he was denied a promotion and was harassed because of his race and age,

in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.,

and the Age Discrimination in Employment Act, 29 U.S.C. § 632, et seq. The district

court1

 denied Banks’s post-discovery motion to amend his complaint to include

claims under 42 U.S.C. § 1981, and granted AmerenUE summary judgment. Banks

appeals. After careful review of the record, we affirm.
-2-

The district court did not abuse its discretion in denying Banks’s belated

motion to amend to include claims which he could have raised earlier, and which

would have required additional discovery. See Bell v. Allstate Life Ins. Co., 160 F.3d

452, 454-55 (8th Cir. 1998). We further conclude that Banks failed to establish a

prima facie case of age or race discrimination because he did not show he was

qualified for the promotion, see Dotson v. Delta Consol. Indus., Inc., 251 F.3d 780,

781 (8th Cir. 2001); and that he did not show the alleged harassment was severe and

pervasive or based upon his race or age, see Bradley v. Widnall, 232 F.3d 626, 631-

32 (8th Cir. 2000).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-7028

MARK E. RICHARDS,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director of the Virginia

Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. David G. Lowe, Magistrate Judge.

(CA-01-176-3)

Submitted: November 7, 2002 Decided: November 26, 2002

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mark E. Richards, Appellant Pro Se. Richard Carson Vorhis, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* By consent of the parties, the decision below was rendered

by a magistrate judge. See 28 U.S.C. § 636(c) (2000).

2

PER CURIAM:

Mark E. Richards, a state prisoner, seeks to appeal the

magistrate judge’s order denying relief on his petition filed under

28 U.S.C. § 2254 (2000).*

 We have reviewed the record and conclude

in part for the reasons stated by the magistrate judge that

Richards has not made a substantial showing of the denial of a

constitutional right. See Richards v. Angelone, CA-01-176-3 (E.D.

Va. June 27, 2002). We further find Richards’ claims regarding his

parole revocation hearing were barred by the one year limitations

period. See 28 U.S.C. § 2244(d) (2000); Crawley v. Cato, 257 F.3d

395, 399 (4th Cir. 2001), cert. denied, 122 S. Ct. 811 (2002).

Accordingly, we deny a certificate of appealability and dismiss the

appeal. See 28 U.S.C. § 2253(c) (2000). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
#### In the Matter of Leroy Williams, Appellant, v Glenn S. Goord, as Commissioner of Social Services, et al., Respondents.

Submitted April 23, 2007;

decided June 12, 2007

Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.
#### Cohen’s West 14th Street Corp., Appellant, v Parker 14th Associates et al., Respondents.

— Order of the Supreme Court, New York County (Alfred Ascione, J.), entered on October 3, 1985, which, *inter*alia, dismissed the first cause of action in the complaint against defendant 5 West 14th Owners Corp., is unanimously modified, on the law and the facts and in the exercise of discretion, solely to the extent of granting plaintiff leave to serve an amended complaint against said defendant within 20 days of service of a copy of this court’s order with notice of entry, and otherwise affirmed, without costs or disbursements.

The first cause of action against 5 West 14th Owners Corp. (Owners) claimed that this defendant engaged in a course of conduct which "was, is and in the future will be malicious, illegal, wrongful, intentional and without any basis in law or fact” designed to procure a surrender of the rights of defendant West 14 Street Commercial Corp. (Commercial) under the master lease, which would then result in cancellation of plaintiff’s sublease. Although plaintiff alleged that this course of conduct by Owners was for no legitimate or legal purpose, this cause of action did not assert a claim in prima facie tort. That tort requires the allegation that the intention to harm has motivated the defendant’s action and caused injury, all without excuse or justification.

Here it is apparent from the face of the complaint that Owners had an economic interest and was not, therefore, motivated solely by malevolence. *(See, Burns Jackson Miller Summit & Spitzer v Lindner,*59 NY2d 314, 333.)

Likewise, the Supreme Court properly found that the complaint failed to state a cause of action for tortious interference with contract. Plaintiff failed to allege facts which would establish all the elements of such a cause of action. However, since this failure to plead sufficient facts making out a cause of action for tortious interference with contract may have been due to the attempt to blend it with a cause of action for prima facie tort, we modify solely to allow plaintiff leave to serve an amended complaint. *(See, Benton v Kennedy-Van Saun Mfg. & Eng. Corp.,*2 AD2d 27, 30.) Concur — Sullivan, J. P., Carro, Asch and Wallach, JJ.
Updated: 12/20/19

GLEN CANYON DAM ADAPTIVE MANAGEMENT PROGRAM

TECHNICAL WORK GROUP MEETING

JANUARY 15, 2020

Hilton Garden Inn Phoenix-Tempe University Research Park

7290 S. Price Road, Tempe, AZ 85283

480-897-5100

https://usbor.webex.com/usbor/j.php?MTID=m493c2559921ea86f21a66d614c6bf163

Phone #: 877-932-7704 Participant Passcode: 8410783# 

START

TIME

(Duration)

Wednesday, January 15, 2020

Topic, Presenter, and Purpose

8:30

(:30) 

Welcome and Administrative: Seth Shanahan, Technical Work Group (TWG) Chair 

 Introductions and Determination of Quorum (16 members)

 Approval of June 11-12, 2019 and October 21-22, 2019, Meeting Minutes

 Next Meeting Date: April 15-16, 2020

 Ad Hoc Group Updates and Ad Hoc Group List Updates

 Action Item Tracking Form Update

 Update on the Trout Management Flow Discussion Group

 Update on Monitoring and Research Trips to Occur from Today until Next Meeting

 Updates on Items of Interest that are in Consideration for Implementation before Next TWG 

Meeting

9:00

(:30) 

Update on Hydrology, Operations, and Reservoir/Release Conditions: Heather Patno, Bureau of 

Reclamation (Reclamation) and Bridget Deemer, Grand Canyon Monitoring and Research 

Center (GCMRC)

 Presentation (20 minutes)

 Q&A and discussion (10 minutes)

9:30

(:30) 

Drivers Affecting Sediment Conditions in the Western Grand Canyon: Paul Grams, GCMRC 

 Presentation (20 minutes)

 Q&A and discussion (10 minutes)

10:00

(:15) 

Long-Term Experimental and Management Plan (LTEMP) Biological Opinion Conservation 

Measures Update: Lee Traynham, Reclamation and Scott VanderKooi, GCMRC 

 Presentation (10 minutes)

 Q&A and discussion (5 minutes)

10:15

(:15) BREAK

10:30

(:45) 

Possible Experimental and Management Actions that May be Implemented in the Next 12 

Months and Any Budgeting Issues: Lee Traynham, Reclamation 

 Presentation (5 minutes)

 Q&A and discussion (40 minutes)

11:15

(:15) 

Potential Spring High Flow Experiment (HFE) – Status of Resources

and Experimental Plan: Scott VanderKooi, GCMRC

 Presentation (5 minutes)

 Q&A and discussion (10 minutes)
Updated: 12/20/19

START

TIME

(Duration)

Wednesday, January 15, 2020

Topic, Presenter, and Purpose

11:30

(:15)

Annual FY19 Reporting on Expenditures: Lee Traynham, Reclamation and Mike Moran, GCRMC

 Presentation (10 minutes)

 Q&A and discussion (5 minutes)

11:45

(1:15) LUNCH

1:00

(:15)

Review Triennial Budget and Work Plan Process: Seth Shanahan, TWG Chair

 Presentation (10 minutes)

 Q&A and discussion (5 minutes)

1:15

(1:40) 

Discussion to Provide Initial Guidance to GCMRC and Reclamation: TWG Members

 Q&A and discussion (100 minutes)

2:55

(:05) 

Public Comment

3:00 ADJOURN
<PAGE>


                                   EXHIBIT 11

                 STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS

The following table presents the computation of basic and diluted net (loss) per
share:

<TABLE>
<CAPTION>
                                                                 Fiscal
                                                     -----------------------------
                                                         2001              2000
                                                     -----------       -----------
<S>                                                   <C>               <C>
Numerator:
     (Loss) before extraordinary gain                $  (509,796)      $(1,817,196)
     Extraordinary gain on debenture settlement          408,552                --

                                                     -----------       -----------
     Net (loss)                                      $  (101,244)      $(1,817,196)
                                                     ===========       ===========

Denominator:
     Denominator for basic loss per
     share -- weighted-average shares                  3,001,056         2,422,979

     Effect of dilutive securities:
     Stock options                                            --                --

                                                     -----------       -----------
     Denominator for diluted loss per share            3,001,056         2,422,979
                                                     ===========       ===========

     (Loss) per share:

     Basic and diluted:
     (Loss) before extraordinary gain                $     (0.17)      $     (0.75)
     Extraordinary gain on debenture settlement             0.14                --
                                                     -----------       -----------

     Net (loss) per share                            $     (0.03)      $     (0.75)
                                                     ===========       ===========

</TABLE>
Upper Colorado Region 

Salt Lake City, UT 

Media Contact: Doug Hendrix Dennis Kubly 

(801) 524-3837 (801) 524-3715 

Released On: June 16, 2009 

Technical Work Group to Meet in Phoenix on Colorado River Topics 

Reclamation's Upper Colorado Regional Office announced today that the Technical Work Group of the 

Glen Canyon Dam Adaptive Management Program will meet in Phoenix, Ariz., on Monday/Tuesday, 

June 22-23, 2009 to address topics related to the operation of Glen Canyon Dam and the Colorado River. 

Technical Work Group meetings are held regularly to discuss technical matters and facilitate 

recommendations for use by the Adaptive Management Work Group, a Federal Advisory Committee to 

the Secretary of the Interior on the operation of Glen Canyon Dam and protection of downstream 

resources in Glen and Grand Canyons. 

Noteworthy agenda items at the meeting will include: discussion and recommendations for approval of 

the 2010-11 Biennial Budget and Work plans; Endangered Species conservation updates; progress 

updates on studies and monitoring conducted by USGS’s Grand Canyon Monitoring and Research 

Center; and a status report on Cultural Monitoring and Archaeological Field Site Work. The meeting is 

open to the public. 

The Technical Work Group is a sub-committee of the Adaptive Management Work Group and is 

comprised of technical representatives who represent members of the Glen Canyon Dam Adaptive 

Management Program. Responsibilities of the Technical Work Group include developing criteria and 

standards for monitoring and research programs; providing periodic reviews and updates; and providing 

information, as necessary, to the Adaptive Management Work Group. 

The meeting will be held at the offices of the Arizona Department of Water Resources located at 3550 N. 

Central Avenue in the Verde Conference Room. The meeting will begin at 9:30 a.m. and conclude at 5:00 

p.m., PDT, on Monday, June 22, and will run from 8:00 a.m. to 3:00 p.m., PDT, on Tuesday, June 23, 

2009. 

For more information on the Technical Work Group Meetings, please visit our Website at: 

http://www.usbr.gov/uc/index.html 

### 

Reclamation is the largest wholesale water supplier in the United States, and the nation's second largest producer of 

hydroelectric power. Its facilities also provide substantial flood control, recreation, and fish and wildlife benefits. 

Visit our website at http://www.usbr.gov.
# L_2009208EN.01003901.xml

| 12.8.2009 | EN | Official Journal of the European Union | L 208/39 |
| --- | --- | --- | --- |

12.8.2009

EN

Official Journal of the European Union

L 208/39

---

Corrigendum to Commission Regulation (EC) No 256/2009 of 23 March 2009 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin and fludioxonil in or on certain products

(
  Official Journal of the European Union L 81 of 27 March 2009
  )

On page 10, in the Annex, point 2, in the table (lines for fludioxonil):

for:

| ‘Code number | Groups and examples of individual products to which the MRLs apply (a) | Fludioxonil |
| --- | --- | --- |
| 140030 | Peaches | 5 ’ |

‘Code number

Groups and examples of individual products to which the MRLs apply (a)

Fludioxonil

140030

Peaches

5 ’

read:

| ‘Code number | Groups and examples of individual products to which the MRLs apply (a) | Fludioxonil |
| --- | --- | --- |
| 140030 | Peaches | 7 ’ |

‘Code number

Groups and examples of individual products to which the MRLs apply (a)

Fludioxonil

140030

Peaches

7 ’

---
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 221 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                 S. 221

To amend the Social Security Act to require the Commissioner of Social 
 Security to submit specific legislative recommendations to ensure the 
              solvency of the Social Security trust funds.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 28, 1997

   Mr. Gregg introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Social Security Act to require the Commissioner of Social 
 Security to submit specific legislative recommendations to ensure the 
              solvency of the Social Security trust funds.

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

SECTION 1. LEGISLATIVE RECOMMENDATIONS TO ENSURE THE SOLVENCY OF THE 
              SOCIAL SECURITY TRUST FUNDS.

    Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is 
amended by inserting after the 7th sentence the following: ``If the 
statement includes a finding that 1 or both of the Trust Funds are not 
in close actuarial balance (as so defined) for the succeeding 75 years, 
the Commissioner of Social Security shall include in the report 
specific legislative recommendations, the enactment of which into law 
would, according to an actuarial opinion of the Chief Actuary of the 
Social Security Administration, be sufficient to place such Trust Funds 
in such close actuarial balance.''.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5

<MULTIPLIER>                  1
<CURRENCY>                    U.S. Dollar
       
<S>                             <C>
<PERIOD-TYPE>                 9-MOS
<FISCAL-YEAR-END>                               DEC-31-1997
<PERIOD-START>                                  JAN-01-1997
<PERIOD-END>                                    SEP-30-1997
<EXCHANGE-RATE>                                           1
<CASH>                                              152,372
<SECURITIES>                                              0
<RECEIVABLES>                                       110,597
<ALLOWANCES>                                              0
<INVENTORY>                                          58,107
<CURRENT-ASSETS>                                    425,579
<PP&E>                                            8,742,189
<DEPRECIATION>                                   (2,595,937)
<TOTAL-ASSETS>                                    7,149,606
<CURRENT-LIABILITIES>                             1,124,933
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                             196
<COMMON>                                              4,969
<OTHER-SE>                                         (312,808)
<TOTAL-LIABILITY-AND-EQUITY>                      7,149,606
<SALES>                                           3,007,306
<TOTAL-REVENUES>                                  3,007,306
<CGS>                                               940,695
<TOTAL-COSTS>                                       940,695
<OTHER-EXPENSES>                                  1,913,060
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                  160,276
<INCOME-PRETAX>                                     153,551
<INCOME-TAX>                                         81,480
<INCOME-CONTINUING>                                  72,071
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                         72,071
<EPS-PRIMARY>                                           .01
<EPS-DILUTED>                                           .01
                                                           


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


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1995
<PERIOD-START>                                 JAN-01-1995
<PERIOD-END>                                   DEC-31-1995
<CASH>                                         168,135
<SECURITIES>                                   0
<RECEIVABLES>                                  36,951
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               215,764
<PP&E>                                         16,410,747
<DEPRECIATION>                                 3,642,593
<TOTAL-ASSETS>                                 13,620,436
<CURRENT-LIABILITIES>                          348,371
<BONDS>                                        0
<COMMON>                                       0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   13,620,436
<SALES>                                        0
<TOTAL-REVENUES>                               1,468,741
<CGS>                                          0
<TOTAL-COSTS>                                  1,996,189
<OTHER-EXPENSES>                               87,897
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             301,842
<INCOME-PRETAX>                                (615,345)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (615,345)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0