alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* P ursuant to 5 TH C IR

. 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

______________________________________

No. 98-20205

______________________________________

MOHAMED BEN MOHAMED ALI ALKHULAQI; FAIZA KHULAQI,

Plaintiffs-Appellees,

versus

OCEAN SHIPS, INC., Defendant-Appellant.

_____________________________________________ Appeal from the United States District Court for the Southern District of Texas

(H-96-CV-2478)

_____________________________________________

February 17, 1999

Before JOLLY, WIENER, and PARKER, Circuit Judges.

PER CURIAM: *

In this admiralty case, Defendant-Appellant Ocean Ships, Inc.

(“Ocean”) urges us to reverse the resul ts of the bench trial in

which the district court concluded that Ocean’s vessel was

“unseaworthy” for purposes of claims of Plaintiffs-Appellees

(“Alk hulaqi”). The court rejected Alkhulaqi’s Jones Act claim

because he was no t acting in the course of his employment at the

time he injured himself by misusing an improperly assembled grinder2

in the vessel’s machine shop whil e attempting to improve the

traction of his work boots. The defective nature of the grinding

wheel that had been erroneously affixed to an improperly assembled

grinder by one of Alkhulaqi’s shipmates, however, was held to

constitute unseaworthiness. The court concluded that, even though

Alkhulaqi’s injur ies were due in large part — 75% — to his own

negligence, the vessel remained liable for the remainder

— 25%

— of

the seaman’s final award, including lost wages and future earnings.

In urging reversal, Ocean largely relies on its argument that the

subject grinder

— used by Alkhulaqi without knowledge or consent of

the cognizant personnel of the vessel and faultily assembled by

Alkhulaqi’s unauthorized and barely experienced shipmate

— was not

employed for its “intended use,” i.e., was used to grind the

synthetic mat erial on the soles of Alkhulaqi’s boots even though

the tool was intended for use only on metal.

Having re viewed the largely undisputed facts in the record,

the rulings of the district court, the applicable law, and the

arguments advanced by counsel in their respective appellate briefs

a nd in their oral arguments to this court, we are satisfied that

the district court committed no reversible error. Therefore, the

judgment of that court is, in all respects,

AFFIRMED.
## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 19 - 00219 - CR CARLOS MARTINEZ , APPELLANT

V. THE STATE OF TEXAS , APPELLEE On Appeal from the 140th District Court Lubbock County , Texas Trial Court No. 2017 - 411 , 916 , Honorable Jim Bob Darnell , Presiding



### November 12 , 2019 MEMORANDUM OPINION Before QUINN , C.J. , and PIRTLE and PARKER , JJ. Pending before this court is a motion to dismiss this appeal signed by both appellant , Carlos Martinez , and his attorney. Without passing on the merits of the case , we grant the motion to dismiss pursuant to Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having dismissed the appeal at appellant’s request , no motion for rehearing will be entertained and our mandate will issue forthwith. Per Curiam Do not publish.
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#### WERNER, Respondent, v. STEINWAY RY. CO. OF LONG ISLAND CITY, Appellant.

(Supreme Court, Appellate Division, Second Department.

December 1, 1896.)

Action by Lizzie Werner against the Steinway Railway Company of Long Island City.

No opinion. Judgment and order unanimously affirmed, with costs.
I 

114TH CONGRESS 

1ST SESSION H. R. 2443 

To amend the Federal Food, Drug, and Cosmetic Act with respect to CLIA 

waiver study design guidance for in vitro diagnostics. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2015 

Mr. GUTHRIE introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act with 

respect to CLIA waiver study design guidance for in 

vitro diagnostics. 

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

3 SECTION 1. CLIA WAIVER STUDY DESIGN GUIDANCE FOR 

4 IN VITRO DIAGNOSTICS. 

5 (a) DRAFT REVISED GUIDANCE.—Not later than 12 

6 months after the date of the enactment of this Act, the 

7 Secretary of Health and Human Services shall publish a 

8 draft guidance that— 

9 (1) revises section V ‘‘Demonstrating Insignifi10 cant Risk of an Erroneous Result—‘Accuracy’ ’’ of 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2443 IH

1 the guidance entitled ‘‘Recommendations for Clinical 

2 Laboratory Improvement Amendments of 1988 

3 (CLIA) Waiver Applications for Manufacturers of In 

4 Vitro Diagnostic Devices’’ and dated January 30, 

5 2008; and 

6 (2) includes guidance on the appropriate use of 

7 comparable performance between a waived user and 

8 a moderately complex laboratory user to dem9 onstrate accuracy. 

10 (b) FINAL REVISED GUIDANCE.—The Secretary of 

11 Health and Human Services shall finalize the draft guid12 ance published under subsection (a) not later than 12 

13 months after the comment period for such draft guidance 

14 closes. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
#### PENNY, Respondent, v. ROCHESTER RY. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 16, 1896.)

Action by Wesley J. Penny, by guardian, against the Rochester Railway Company.

No opinion. Motion for a reargument denied, and leave granted to appeal to the court of appeals _ on the ground that the case involves a question of law which ought to be reviewed by that court. See 40 N. Y. Supp. 172.
UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES COAST GUARD ) 

Complainant 

vs. 

DEVON E. PUJOL 

Respondent 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) -----------------------------

BEFORE: THOMAS E. MCELLIGOTT 

ADMINISTRATIVE LAW JUDGE 

Docket Numbers: 

CG S&R 01-0677 

CG S&R 01-0704 

Coast Guard Case Numbers: 

PA01001608 

PA01001948 

ORDER 

The Settlement Agreement on the drug case, CG S&R 01-0704, requires a 13 to 14 

month oub·ight suspension of the Respondent's U.S. Coast Guard issued license number 

877800, if all the terms of the Settlement Agreement are reached, otherwise the Coast 

Guard issued license will be revoked. The 6-month outright suspension for the 

negligence case, CG S&R 01-0677, is merged into that timeframe. 

Respondent will have to comply with all the necessary conditions of the 

Settlement Agreement for Drug Use or Addiction, to establish that he has complied with 

the drug rehabilitation program satisfactorily, before his Coast Guard issued license 

number 877800 will be returned to him. 

It Is So Ordered. 

y7 t_t~t~_~vlh __ ~_C_Ph_· ~-------'----r--r-- Thomas E. McElligott 

.t:/f· Adminish·ative Law Judge 

Done and dated this /! of March, 2002 at 

Houston, Texas. 

. \
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 1996 INCLUDED
IN THE COMPANY'S FORM 10-K FOR THE FISCAL YEAR ENDED DECEMBER 31, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM 10-K FOR THE FISCAL YEAR
ENDED DECEMBER 31, 1996.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                      50,405,868
<SECURITIES>                                         0
<RECEIVABLES>                                6,135,489
<ALLOWANCES>                                   150,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            57,558,890
<PP&E>                                       8,795,620
<DEPRECIATION>                               1,949,899
<TOTAL-ASSETS>                              66,116,202
<CURRENT-LIABILITIES>                       17,406,810
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        33,522
<OTHER-SE>                                  46,903,542
<TOTAL-LIABILITY-AND-EQUITY>                66,116,202
<SALES>                                     82,839,947
<TOTAL-REVENUES>                            82,839,947
<CGS>                                       56,793,183
<TOTAL-COSTS>                               56,793,183
<OTHER-EXPENSES>                            16,431,992
<LOSS-PROVISION>                               158,858
<INTEREST-EXPENSE>                           1,024,262
<INCOME-PRETAX>                              9,403,168
<INCOME-TAX>                                 1,210,760
<INCOME-CONTINUING>                          8,192,408
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              1,215,405
<CHANGES>                                            0
<NET-INCOME>                                 6,977,003
<EPS-PRIMARY>                                     0.15
<EPS-DILUTED>                                     0.15
        

</TABLE>
xml version="1.0" encoding="UTF-8"?


C\_2021426EN.01001401.xml


| | | | |
| --- | --- | --- | --- |
| 21.10.2021 | EN | Official Journal of the European Union | C 426/14 |

---

Prior notification of a concentration

(Case M.10516 – Bain Capital/ITP Aero)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 426/10)

1.

On 13 October 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 [(1)](#ntr1-C_2021426EN.01001401-E0001).

This notification concerns the following undertakings:

| | |
| --- | --- |
| — | Bain Capital Investors L.L.C. (‘Bain Capital’, United States), |

| | |
| --- | --- |
| — | Industria de Turbo Propulsores, S.A.U (‘ITP’, Spain). |

Bain Capital acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of ITP.

The concentration is accomplished by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

| | |
| --- | --- |
| — | For Bain Capital: private equity investment firm, |

| | |
| --- | --- |
| — | For ITP: manufacturing of aircraft engine components and provision of maintenance, repair and overhaul services. |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [(2)](#ntr2-C_2021426EN.01001401-E0002) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10516 – Bain Capital/ITP Aero

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| |
| --- |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

---

[(1)](#ntc1-C_2021426EN.01001401-E0001)  [OJ L 24, 29.1.2004, p. 1](http://publications.europa.eu/resource/oj/JOL_2004_024_R_TOC) (the ‘Merger Regulation’).

[(2)](#ntc2-C_2021426EN.01001401-E0002)  [OJ C 366, 14.12.2013, p. 5](http://publications.europa.eu/resource/oj/JOC_2013_366_R_TOC).

---
# C_2021459EN.01001801.xml

| 12.11.2021 | EN | Official Journal of the European Union | C 459/18 |
| --- | --- | --- | --- |

12.11.2021

EN

Official Journal of the European Union

C 459/18

---

EUROPEAN ENVIRONMENT AGENCY

Publication of the final accounts for the financial year 2020

(2021/C 459/18)

The complete version of the final accounts may be found at the following address:

https://www.eea.europa.eu/about-us/documents/annual-accounts/annual-accounts

---
UNITED STATES OF AMERICA 

DEPARTMENT OF HOMELAND SECURITY 

U.S. Coast Guard 

NOTICE OF EXPECTED EXHIBITS

CG-5800E (08/14) Page 1 of 2

Complainant: 

 

UNITED STATES COAST GUARD 

v. 

Respondent:

For Docketing Center Use Only:

Coast Guard Enforcement Activity Number:

Docket Number:

20 -

NOTICE OF EXPECTED EXHIBITS

EXHIBIT

DESCRIPTION 

[Enter description of exhibit. To add additional exhibits, press the tab key to move into the next box. Label exhibits "Resp. A", 

"Resp. B", "Resp. C", etc. If more exhibits need to be added, attach an additional sheet of paper.]

Resp A.
CG-5800E (08/14) Page 2 of 2

Type or print name Signature Date

Mail FAX Express courier In Person Electronic Delivery

Mail FAX Express courier In Person Electronic Delivery

1) I hereby certify I have served the foregoing documents with the Coast Guard Representative by:

2) I hereby certify I have served the foregoing documents with the ALJ Docketing Center by:

CERTIFICATE OF SERVICE

Type or print name Signature Date

Mail FAX Express courier In Person Electronic Delivery

3) I hereby certify I have served the foregoing documents with the assigned Administrative Law Judge by:

EXHIBIT

DESCRIPTION 

[Enter description of exhibit. To add additional exhibits, press the tab key to move into the next box. Label exhibits "Resp. A", 

"Resp. B", "Resp. C", etc. If more exhibits need to be added, attach an additional sheet of paper.]

 Privacy Act Statement 

The legal authority for the collection of information on this form is authorized by 46 U.S.C. Chapter 77 and 33 C.F.R. Part 20. The information provided will be 

used to advocate your position in this administrative proceeding. Unless part of mandatory discovery, submission of the information on this form is voluntary. 

You are solely responsible for the manner in which you want to present your own case. This document will become part of the official record, which can be 

viewed by the public. 33 C.F.R. § 20.903.
**Exhibit 32.2**

** **

CERTIFICATIONPURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

I, Allan Rowley, Chief Financial Officer of MGTCapital Investments, Inc. (the “Company”), certify, pursuant to Section 906of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to thebest of my knowledge:

 

(1)                             the Quarterly Report on Form 10-Qof the Company for the quarterly period ended June 30, 2008 (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

(2)                             the information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 
|                 | By:    | /s/  ALLAN ROWLEY        |
|----------------------|--------|--------------------------|
|                 |   | Allan  Rowley            |
|                 |   | Chief  Financial Officer |
| August 8,  2008 |   |                     |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNISON
HEALTHCARE CORPORATION'S FINANCIAL STATEMENTS AS OF AND FOR THE NINE MONTHS
ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           3,800
<SECURITIES>                                         0
<RECEIVABLES>                                   40,420
<ALLOWANCES>                                     3,819
<INVENTORY>                                          0
<CURRENT-ASSETS>                                46,180
<PP&E>                                          37,339
<DEPRECIATION>                                   6,165
<TOTAL-ASSETS>                                 224,726
<CURRENT-LIABILITIES>                           75,760
<BONDS>                                        119,006
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                       4,201
<TOTAL-LIABILITY-AND-EQUITY>                   224,726
<SALES>                                              0
<TOTAL-REVENUES>                               168,310
<CGS>                                                0
<TOTAL-COSTS>                                  146,434
<OTHER-EXPENSES>                                19,616
<LOSS-PROVISION>                                   795
<INTEREST-EXPENSE>                              14,698
<INCOME-PRETAX>                               (13,233)
<INCOME-TAX>                                   (4,262)
<INCOME-CONTINUING>                            (8,971)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,971)
<EPS-PRIMARY>                                   (1.41)
<EPS-DILUTED>                                   (1.41)
        

</TABLE>
<PAGE>

                                                                    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 Asta Funding, Inc. (the
"Company") on Form 10-Q for the quarter ended December 31, 2004, filed with the
Securities and Exchange Commission (the "Report"), I, Gary Stern, Chief
Executive Officer 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) of the
         Securities Exchange Act of 1934; and

     (2) The information contained in the Report fairly presents, in all
         material respects, the consolidated financial condition of the Company
         as of the dates presented and the consolidated result of operations of
         the Company for the periods presented.

Dated: February 9, 2005


                                                        /s/ Gary Stern
                                                        -------------------
                                                        Gary Stern
                                                        Chief Executive Officer

The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
63 of Title 18, United States Code) and is not being filed as part of the Form
10-Q or as a separate disclosure document.

A signed original of this written statement required by Section 906 has been
provided to Asta Funding, Inc. and will be retained by Asta Funding, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.


                                       29
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May 11, 2021

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