alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John F. CANNELLA, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

No. 2006-7238.

United States Court of Appeals, Federal Circuit.

Aug. 31, 2006.

John F. Cannella, pro se.

Before MICHEL, Chief Judge, MAYER and LINN, Circuit Judges.

ON MOTION

PER CURIAM.

*ORDER*

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss John F. Cannella’s appeal from the United States Court of Appeals for Veterans Claims’ judgment in *Cannella v. Nicholson,*04-1949, 2006 WL 1726443, for lack of jurisdiction. Cannella has not responded.

Cannella filed an appeal with the Court of Appeals for Veterans Claims, challenging the determination by the Board of Veterans’ Appeals that a 1981 regional office (RO) decision that denied his claim for disability compensation for transverse myelitis was not clearly and unmistakably erroneous. The Court of Appeals for Veterans Claims affirmed the Board’s decision. The Court of Appeals for Veterans Claims held that Cannella’s challenges to the weight of the evidence could not constitute clear and unmistakable error and that there was no new and material evidence. The Court of Appeals for Veterans Claims held that the Board’s decision regarding whether the RO failed to apply certain regulations to the facts of his case was not arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.

Under 38 U.S.C. § 7292, this court has limited jurisdiction over appeals from decisions of the Veterans Court. *See Forshey v. Principi,*284 F.3d 1335, 1338 (Fed.Cir.2002) (en banc). This court “may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case.” 38 U.S.C. § 7292(d)(2).

*972Cannella’s appeal does not satisfy any of the grounds for invoking this court’s jurisdiction. Cannella’s appeal challenges the weight of the evidence and the application of regulations to the facts of his case, issues outside of this court’s jurisdiction. *See*38 U.S.C. § 7292(d).

Accordingly,

IT IS ORDERED THAT:

(1) The motion to waive the requirements of Fed. Cir. R. 27(f) is granted.

(2) The motion to dismiss is granted.

(3) Each side shall bear its own costs.
I 

116TH CONGRESS 

1ST SESSION H. R. 2307 

To amend title 5, United States Code, to provide authority to the Administrator of the Drug Enforcement Administration to provide a cash award 

to Administration employees with foreign language skills, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2019 

Miss GONZA ́LEZ-COLO ́N of Puerto Rico introduced the following bill; which 

was referred to the Committee on Oversight and Reform 

A BILL 

To amend title 5, United States Code, to provide authority 

to the Administrator of the Drug Enforcement Administration to provide a cash award to Administration employees with foreign language skills, 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. CASH AWARD FOR DRUG ENFORCEMENT AD4 MINISTRATION EMPLOYEES WITH FOREIGN 

5 LANGUAGE SKILLS. 

6 (a) IN GENERAL.—Section 5761 of title 5, United 

7 States Code, is amended to read as follows: 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 2307 IH

1 ‘‘§ 5761. Foreign language proficiency pay awards for 

2 the Federal Bureau of Investigation and 

3 the Drug Enforcement Administration 

4 ‘‘The Director of the Federal Bureau of Investigation 

5 or the Administrator of the Drug Enforcement Adminis6 tration may, under regulations prescribed by the Director 

7 or the Administrator (as the case may be), pay a cash 

8 award of up to 10 percent of basic pay to any Bureau 

9 or Administration employee (as the case may be) who 

10 maintains proficiency in a language or languages critical 

11 to the mission or who uses one or more foreign languages 

12 in the performance of official duties.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for subchapter IV of chapter 57 of title 5, United States 

15 Code, is amended by striking the item relating to section 

16 5761 and inserting the following: 

‘‘5761. Foreign language proficiency pay awards for the Federal Bureau of Investigation and the Drug Enforcement Administration.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2359 Received in Senate (RDS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 2359

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2019

                                Received

_______________________________________________________________________

                                 AN ACT

 
  To direct the Secretary of Veterans Affairs to submit to Congress a 
report on the Department of Veterans Affairs advancing of whole health 
                            transformation.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Whole Veteran Act''.

SEC. 2. REPORT ON DEPARTMENT OF VETERANS AFFAIRS ADVANCING OF WHOLE 
              HEALTH TRANSFORMATION.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to Congress a report on the implementation of the Department of 
Veterans Affairs memorandum dated February 12, 2019, on the subject of 
Advancing Whole Health Transformation Across Veterans Health 
Administration.
    (b) Matters Included.--The report under subsection (a) shall 
include the following:
            (1) An analysis of the accessibility and availability of 
        each of the following services at medical facilities of the 
        Department of Veterans Affairs (including community based 
        outpatient clinics, vet centers, and community living centers):
                    (A) Massage.
                    (B) Chiropractic services.
                    (C) Whole health clinician services.
                    (D) Whole health coaching.
                    (E) Acupuncture.
                    (F) Healing touch.
                    (G) Whole health group services.
                    (H) Guided imagery.
                    (I) Meditation.
                    (J) Hypnosis.
                    (K) Yoga.
                    (L) Tai chi or Qi gong.
                    (M) Equine assisted therapy.
                    (N) Any other service the Secretary determines 
                appropriate.
            (2) An assessment of the health outcomes derived from the 
        services specified in paragraph (1).
            (3) An assessment of the resources required to expand such 
        services to the entire Veterans Health Administration.
            (4) A plan to provide the services referred to in paragraph 
        (1) to veterans who reside in a geographic area where no 
        community-based outpatient clinic, medical center, Vet Center, 
        or community living center is located.

            Passed the House of Representatives May 21, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
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 Annual Report on Form 10-K of WNC Housing Tax Credit
Fund VI, L.P., Series 10 (the  "Partnership") for the year ended March 31, 20034
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"),  and  pursuant to 18 U.S.C.,  section  1350,  as adopted  pursuant to
section  906 of the  Sarbanes-Oxley  Act of 2002,  I,  Wilfred N.  Cooper,  Jr.,
President and Chief Executive Officer of WNC & Associates, Inc., general partner
of the Partnership, hereby certify 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.   The information  contained in the Report fairly presents,  in all
               material  respects,   the  financial   condition  and  result  of
               operations of the Partnership.




/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
September 20, 2004
ome ne

October 6,2006 1 7S Fil 36
“C053

Via E-Mail

Office of the Acting Secretary
Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: Amended Rule Certification. NYMEX Submission 06.115:
Notification of Amendments to NYMEX Rules 9.26, 9.27,
and 9.34 for the New Crude Oil and Natural Gas Daily
Options Contracts.

Dear Ms. Eileen A. Donovan:

The New York Mercantile Exchange ("NY MEX" or the "Exchange") is notifying the
Commodity Futures Trading Commission (“CFTC” or “Commission’’) of amendments to
NYMEX Rules 9.26, All Month/Any One Month Position Accountability; 9.27, Expiration and
Current Delivery Month Position Limits or Position Accountability; and 9.34, Reporting Levels.

Effective on trade date October 9, 2006, these amendments include the addition of
position limits, accountability levels, and reporting levels for the new Crude Oil Daily Option
and Natural Gas Daily Option contracts. This amended certification adds the Rule Chapters to
Appendix A in Chapter 9. Pursuant to Section 5c(c) of the Commodity Exchange Act (“Act”)
and CFTC Rule 40.6, the Exchange hereby certifies that the attached rule amendments comply
with the Act, including regulations under the Act.

Should you have any questions concerning the above, please contact Anthony V.
Densieski, Senior Director, Market Surveillance, at (212) 299-2881, or Bonnie H. Yurga,
Director, Market Surveillance, at (212) 299-2879.

Very truly yours,

Thomas F. LaSala
Senior Vice President
Compliance and Risk Management
ce: Brian Regan
Nancy Minett


Contract Name

Rule

Commodity

All/Any One
Month

Expiration

Reporting

Chapter

Code

Accountability

Month

Level

Level

Limit

Aggregate
Into (1)

Aggregate
Into (2)

Rule 9.26

Rule 9.27

Rule 9.34

Petroleum

USA

Cushing,
Oklahoma

Crude Oil Daily
Option

833

cD

NA

2,000

NA

cl

Natural Gas

Natural Gas Daily
Option

832

KD

NA

1,000

NA

HH
# C_2017277EN.01005502.xml

| 21.8.2017 | EN | Official Journal of the European Union | C 277/55 |
| --- | --- | --- | --- |

21.8.2017

EN

Official Journal of the European Union

C 277/55

---

Action brought on 4 July 2017 — Mendes v EUIPO — Actial Farmaceutica (VSL#3)

(Case T-419/17)

(2017/C 277/80)

Language in which the application was lodged: Italian

Parties

Parties

Applicant: Mendes SA (Lugano, Switzerland) (represented by: G. Carpineti, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Actial Farmaceutica Srl (Rome, Italy)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Proprietor of the trade mark at issue:

Trade mark at issue: European Union word mark ‘VSL#3’ — European Union trade mark No 1 437 789

Trade mark at issue:

Procedure before EUIPO: Revocation proceedings

Procedure before EUIPO

Contested decision: Decision of the Second Board of Appeal of EUIPO of 3 May 2017 in Case R 1306/2016-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | primarily, annul the contested decision of the Board of Appeal of EUIPO in accordance with and for the purposes of Article 51(1)(b) EUTMR; |
| --- | --- |

—

primarily, annul the contested decision of the Board of Appeal of EUIPO in accordance with and for the purposes of Article 51(1)(b) EUTMR;

| — | in the alternative, annul the contested decision of the Board of Appeal of EUIPO in accordance with and for the purposes of Article 51(1)(c) EUTMR; |
| --- | --- |

—

in the alternative, annul the contested decision of the Board of Appeal of EUIPO in accordance with and for the purposes of Article 51(1)(c) EUTMR;

| — | in any event, order that the applicant should be reimbursed in full for the costs of the proceedings, or at least that each party should bear its own costs in full. |
| --- | --- |

—

in any event, order that the applicant should be reimbursed in full for the costs of the proceedings, or at least that each party should bear its own costs in full.

Plea in law

Plea in law

| — | Infringement of Article 51(1)(b) and (c) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 51(1)(b) and (c) of Regulation No 207/2009.

---
[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Rules and Regulations]
[Page 27040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12272]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 01-1149; MM Docket No. 01-35; RM-10054]


Radio Broadcasting Services; Young Harris, GA

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: This document allots Channel 236A to Young Harris, Georgia, as 
that community's first local FM transmission service, in response to a 
petition for rule making filed by M. Terry Carter and Douglas Sutton, 
Jr. d/b/a Tugart Communications. See 66 FR 12449, February 27, 2001. 
This allotment is made without a site restriction utilizing city 
reference coordinates at 34-56-00 NL and 83-50-54 WL. With this action, 
this docketed proceeding is terminated.

DATES: Effective June 22, 2001. A filing window for Channel 236A at 
Young Harris, Georgia, will not be opened at this time. Instead, the 
issue of opening the allotment for auction will be addressed by the 
Commission in a subsequent Order.

FOR FURTHER INFORMATION CONTACT: Nancy Joyner, Mass Media Bureau, (202) 
418-2180. Questions related to the application process should be 
addressed to the Audio Services Division, (202) 418-2700.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 01-35, adopted April 25, 2001, and 
released May 8, 2001. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC's Reference Center (Room CY-A257), 445 Twelfth Street, SW., 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 1231 20th Street, NW., Washington, DC 
20036, (202) 857-3800.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

    Part 73 of title 47 of the Code of Federal Regulations is amended 
as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


Sec. 73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Georgia, is 
amended by adding Young Harris, Channel 236A.

Federal Communicatiions Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 01-12272 Filed 5-15-01; 8:45 am]
BILLING CODE 6712-01-P
IIB 

116TH CONGRESS 

1ST SESSION H. R. 226 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2019 

Received; read twice and referred to the Committee on Small Business and 

Entrepreneurship 

AN ACT 

To amend the Small Business Act to include best in class 

designations in the annual report on small business goals 

prepared by the Administrator of the Small Business 

Administration, 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, 


kjohnson on DSK79L0C42 with BILLS
2 

HR 226 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Clarity on Small Busi3 ness Participation in Category Management Act of 2019’’. 

4 SEC. 2. INCLUSION OF BEST IN CLASS DESIGNATIONS IN 

5 ANNUAL REPORT ON SMALL BUSINESS 

6 GOALS. 

7 Section 15(h) of the Small Business Act (15 U.S.C. 

8 644(h)) is amended by adding at the end the following 

9 new paragraph: 

10 ‘‘(4) BEST IN CLASS SMALL BUSINESS PARTICI11 PATION REPORTING.— 

12 ‘‘(A) ADDENDUM.—The Administrator, in 

13 addition to the requirements under paragraph 

14 (2), shall include in the report required by such 

15 paragraph, for each best in class designation— 

16 ‘‘(i) the total amount of spending 

17 Governmentwide in such designation; 

18 ‘‘(ii) the number of small business 

19 concerns awarded contracts and the dollar 

20 amount of such contracts awarded within 

21 each such designation to each of the fol22 lowing— 

23 ‘‘(I) qualified HUBZone small 

24 business concerns; 

25 ‘‘(II) small business concerns 

26 owned and controlled by women; 


kjohnson on DSK79L0C42 with BILLS
3 

HR 226 RFS

1 ‘‘(III) small business concerns 

2 owned and controlled by service-dis3 abled veterans; and 

4 ‘‘(IV) small business concerns 

5 owned and controlled by socially and 

6 economically disadvantaged individ7 uals. 

8 ‘‘(B) BEST IN CLASS DEFINED.—The term 

9 ‘best in class’ has the meaning given such term 

10 by the Director of the Office of Management 

11 and Budget. 

12 ‘‘(C) EFFECTIVE DATE.—The Adminis13 trator shall report on the information described 

14 by subparagraph (A) beginning on the date that 

15 such information is available in the Federal 

16 Procurement Data System, the System for 

17 Award Management, or any successor to such 

18 systems.’’. 

Passed the House of Representatives January 9, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


kjohnson on DSK79L0C42 with BILLS
# C_2019288EN.01003901.xml

| 26.8.2019 | EN | Official Journal of the European Union | C 288/39 |
| --- | --- | --- | --- |

26.8.2019

EN

Official Journal of the European Union

C 288/39

---

Order of the President of the Court of 10 May 2019 — Apple Distribution International v European Commission, supported by: French Republic

(Case C-633/18 P) (1)

(2019/C 288/49)

Language of the case: English

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 436, 3.12.2018.

---
#### Concrete Waterproofing Systems, Respondent, v Huber, Hunt & Nichols, Inc., et al., Appellants.

Judgment unanimously affirmed with costs. Memorandum: Defendant appeals from á jury verdict awarding plaintiff $71,000 plus interest for defendant’s breach of a contract to perform concrete waterproofing work at the Amherst sewage treatment plant in 1979. Defendant argues that the verdict was the result of sympathy, compromise and confusion. We disagree. The record fails to disclose any evidence that the jury acted arbitrarily or mistakenly, or that the verdict was the result of passion or prejudice *(see, Kimberly-Clark Corp. v Power Auth.,*35 AD2d 330, 335). A fair interpretation of the evidence supports the jury’s conclusion that defendant breached the *973contract by failing to pay plaintiff for work satisfactorily performed and properly billed and that plaintiff was justified in not completing its work under the contract because defendant’s breach prohibited plaintiff from doing so *(see, O’Neil Supply Co. v Petroleum Heat & Power Co.,*280 NY 50, 56; *Amies v Wesnofske,*255 NY 156, 162-163). Moreover, we have examined the court’s supplemental charge and find it proper in all respects. (Appeal from judgment of Supreme Court, Erie County, McGowan, J. — breach of contract.) Present — Callahan, J. P., Doerr, Green, Balio and Davis, JJ.
# C_2017231EN.01004301.xml

| 17.7.2017 | EN | Official Journal of the European Union | C 231/43 |
| --- | --- | --- | --- |

17.7.2017

EN

Official Journal of the European Union

C 231/43

---

Action brought on 15 May 2017 — VSM v EUIPO (WE KNOW ABRASIVES)

(Case T-297/17)

(2017/C 231/53)

Language of the case: German

Parties

Parties

Applicant: VSM . Vereinigte Schmirgel- und Maschinen-Fabriken AG (Hanover, Germany) (represented by: M. Horak, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Trade mark at issue: EU word mark ‘WE KNOW ABRASIVES’ — Application for registration No 15 063 522

Trade mark at issue:

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 March 2017 in Case R 1595/2016-4

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Pleas in law

Pleas in law

| — | Breach of Article 7(1)(b), in conjunction with Article 7(2), of Regulation No 207/2009; |
| --- | --- |

—

Breach of Article 7(1)(b), in conjunction with Article 7(2), of Regulation No 207/2009;

| — | Breach of Article 63(1), in conjunction with Articles 58 and 59, of Regulation No 207/2009, breach of Article 63(2) of Regulation No 207/2009, and thus infringement of the principle of audi alteram partem. |
| --- | --- |

—

Breach of Article 63(1), in conjunction with Articles 58 and 59, of Regulation No 207/2009, breach of Article 63(2) of Regulation No 207/2009, and thus infringement of the principle of audi alteram partem.

audi alteram partem

---
EXHIBIT
32.1











CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER


CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002








Pursuant
to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of
2002, the undersigned officer of DecisionPoint Systems, Inc. (“ Company ”)
hereby certifies, to such officer’s knowledge, that:





(1)
the accompanying Quarterly Report on Form 10-Q of the Company for the quarterly
period ended March 31, 2010 (the “ Report ”) fully complies with the
requirements of Section 13(a) or Section 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended; and





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





Date
May 14, 2010








/s/
Nicholas R. Toms


Name:
Nicholas R. Toms


Title:
President and Chief Executive Officer








THIS
CERTIFICATION “ACCOMPANIES” THE REPORT, IS NOT DEEMED FILED WITH THE SEC AND IS
NOT TO BE INCORPORATED BY REFERENCE INTO ANY FILING OF THE COMPANY UNDER THE
SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES EXCHANGE ACT OF 1934, AS
AMENDED (WHETHER MADE BEFORE OR AFTER THE DATE OF THE REPORT), IRRESPECTIVE OF
ANY GENERAL INCORPORATION LANGUAGE CONTAINED IN SUCH FILING. A SIGNED ORIGINAL
OF THIS CERTIFICATION HAS BEEN PROVIDED TO THE COMPANY AND WILL BE RETAINED BY
THE COMPANY AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF
UPON REQUEST