alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Holly Energy Partners, L.P.
Computation of Ratio of Earnings
To Fixed Charges
 Nine MonthsEndedSeptember 30,
    
    
    Years Ended December 31,2008
    
    
    2007
    
    
    2006
    
    
    2005
    
    
    2004
    
    
    2003Earnings:Net income
    
    $
    18,234
    
    
    $
    39,271
    
    
    $
    27,543
    
    
    $
    26,816
    
    
    $
    32,494
    
    
    $
    581Minority interest in consolidated subsidiary
    
    
    834
    
    
    
    1,067
    
    
    
    680
    
    
    
    740
    
    
    
    1,994
    
    
    
    758Income from equity investee
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    (894
    )19,068
    
    
    $
    40,338
    
    
    
    28,223
    
    
    
    27,556
    
    
    
    34,488
    
    
    
    445Add:Total fixed charges (per below)
    
    
    15,684
    
    
    
    15,125
    
    
    
    14,815
    
    
    
    11,324
    
    
    
    2,279
    
    
    
    1,665Total earnings
    
    $
    34,752
    
    
    $
    55,463
    
    
    $
    43,038
    
    
    $
    38,880
    
    
    $
    36,767
    
    
    $
    2,110Fixed charges:Interest expense
    
    $
    14,202
    
    
    $
    13,289
    
    
    $
    13,056
    
    
    $
    9,633
    
    
    $
    697
    
    
    $
    Estimate of interest within rental expense(1)
    
    
    1,482
    
    
    
    1,836
    
    
    
    1,759
    
    
    
    1,691
    
    
    
    1,582
    
    
    
    1,665Total fixed charges
    
    $
    15,684
    
    
    $
    15,125
    
    
    $
    14,815
    
    
    $
    11,324
    
    
    $
    2,279
    
    
    $
    1,665Ratio of earnings to fixed charges
    
    
    2.22
    
    
    
    3.67
    
    
    
    2.91
    
    
    
    3.43
    
    
    
    16.13
    
    
    
    1.27
 
 (1)
    
    Represents 30% of the total operating lease rental expense which is that portion deemed to be
interest.
[Federal Register Volume 70, Number 205 (Tuesday, October 25, 2005)]
[Notices]
[Page 61612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21287]


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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy


State Energy Advisory Board

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the State Energy Advisory 
Board (STEAB). The Federal Advisory Committee Act (Public Law 92-463; 
86 Stat. 770), requires that public notice of these meetings be 
announced in the Federal Register.

DATES: Wednesday, November 16, 2005 8:30 a.m. to 5 p.m.; Thursday, 
November 17, 2005 8:30 a.m. to 5 p.m.; Friday, November 18, 2005 8:30 
a.m. to 1 p.m.

ADDRESS: Crown Plaza Washington-National Airport (Crystal City), 1489 
Jefferson Davis Highway, Arlington, Virginia 22202.

FOR FURTHER INFORMATION CONTACT: Gary Burch, STEAB Designated Federal 
Officer, Director, Central Regional Office, Office of Technology 
Development, Energy Efficiency and Renewable Energy (EERE), U.S. 
Department of Energy, 1617 Cole Boulevard, Golden, CO 80401, Telephone 
(303) 275-4801.

SUPPLEMENTARY INFORMATION:
    Purpose of the Board: To make recommendations to the Assistant 
Secretary for Energy Efficiency and Renewable Energy regarding goals 
and objectives, programmatic and administrative policies, and to 
otherwise carry out the Board's responsibilities as designated in the 
State Energy Efficiency Programs Improvement Act of 1990 (Pub. L. 101-
440).
    Tentative Agenda: Briefings on, and discussions of:
    <bullet> EERE Programmatic Update.
    <bullet> Implementation of Energy Policy Act of 2005.
    <bullet> EERE Organizational Update and Regional Office 
Consolidation.
    Public Participation: The meeting is open to the public. Written 
statements may be filed with the Board either before or after the 
meeting. Members of the public who wish to make oral statements 
pertaining to agenda items should contact Gary Burch at the address or 
telephone number listed above. Requests to make oral presentations must 
be received five days prior to the meeting; reasonable provision will 
be made to include the statements in the agenda. The Chair of the Board 
is empowered to conduct the meeting in a fashion that will facilitate 
the orderly conduct of business.
    Minutes: The minutes of the meeting will be available for public 
review and copying within 60 days at the Freedom of Information Public 
Reading Room, 1E-190, Forrestal Building, 1000 Independence Avenue, 
SW., Washington, DC, between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

    Issued at Washington, DC, on October 19, 2005.
Carol Matthews,
Acting Advisory Committee Management Officer.
[FR Doc. 05-21287 Filed 10-24-05; 8:45 am]
BILLING CODE 6450-01-P
# L_2007172EN.01008301.xml

| 30.6.2007 | EN | Official Journal of the European Union | L 172/83 |
| --- | --- | --- | --- |

30.6.2007

EN

Official Journal of the European Union

L 172/83

---

COMMISSION DECISION

of 29 June 2007

correcting Directive 2006/132/EC amending Council Directive 91/414/EEC to include procymidone as active substance

(notified under document number C(2007) 3066)

(Text with EEA relevance)

(2007/452/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection on the market (1), and in particular Article 6(1) thereof,

Whereas:

| (1) | Commission Directive 2006/132/EC (2) contains an error which must be corrected, namely a reference to grams instead of kilograms in its Annex. |
| --- | --- |

(1)

Commission Directive 2006/132/EC (2) contains an error which must be corrected, namely a reference to grams instead of kilograms in its Annex.

| (2) | It is necessary for that correction to take effect from the date of entry into force of Directive 2006/132/EC. This retroactive effect does not interfere with the rights of any individuals. |
| --- | --- |

(2)

It is necessary for that correction to take effect from the date of entry into force of Directive 2006/132/EC. This retroactive effect does not interfere with the rights of any individuals.

| (3) | The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(3)

The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

In the Annex to Directive 2006/132/EC in the column ‘Specific provisions’, the third indent is replaced by the following:

| ‘— | 0,75 kg active substance per hectare per application’. |
| --- | --- |

‘—

0,75 kg active substance per hectare per application’.

Article 2

This Decision shall apply from 1 January 2007.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 June 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/31/EC (OJ L 140, 1.6.2007, p. 44).

1

(2)  
  OJ L 349, 12.12.2006, p. 22.

2

---
#### PHILIP STEVEN ALLEN, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 9799

June 7, 1978

579 P.2d 771

*286
      *Morgan D. Harris,*Public Defender, and *John H. Howard,*Deputy Public Defender, Clark County, for Appellant.

*Robert List,*Attorney General, Carson City; *George E. Holt,*District Attorney, and *H. Leon Simon,*Deputy District Attorney, Clark County, for Respondent.

OPINION

*Per Curiam:*

Philip Steven Allen stands convicted, by jury verdict, of grand larceny, a felony under NRS 205.220.1

On November 19, 1974, appellant and another took a 1968 Plymouth Road Runner automobile from the O. M. Gann Auto Sales lot in Las Vegas, Nevada, agreeing to return it after making a compression check of the engine. The automobile was later discovered in appellant’s possession at the time of his arrest in Van Nuys, California on January 17, 1975.

Appellant here contends admission of evidence concerning other unrelated crimes on rebuttal was improper. We disagree.

On direct examination, appellant testified extensively regarding his use of aliases. On rebuttal, the state introduced evidence of other criminal conduct to impeach that testimony.

Although appellant was impeached as to collateral matters, we believe “[t]he impeachment process here undoubtedly provided valuable aid to the jury in assessing [appellant’s] credibility, . . .” Harris v. New York, 401 U.S. 222, 225 (1971). *Cf.*NRS 50.085. Thus, the evidence was more probative than prejudicial and, therefore, was properly admitted. *See*NRS 48.035.

*287We find Mr. Chief Justice Burger’s rationale for admission of such evidence in *Harris*pertinent to the factual posture of this case:

> Every criminal defendant is privileged to testify in his own defense, or to refuse to do so. But that privilege cannot be construed to include the right to commit perjury. [Citations omitted.] Having voluntarily taken the stand, [appellant] was under an obligation to speak truthfully and accurately, and the prosecution here did no more than utilize the traditional truth-testing devices of the adversary process. *Id.,*at 225.

Other issues raised by appellant are without merit.

Affirmed.

NRS 205.220 provides:

> “Every person who shall feloniously steal, take and carry away, lead or drive away the personal goods or property of another, of the value of $100 or more shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $5,000.”
<PAGE>
                                                                      EXHIBIT 23


                       CONSENT OF INDEPENDENT ACCOUNTANTS

        We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-74186) and Form S-8 (Nos. 33-39627, 33-46687,
33-81986, 33-60947, 333-08597, 333-59509, 333-83563, 333-95589, 333-54436 and
333-81370) of Xicor, Inc. of our report dated January 23, 2002 relating to the
financial statements, which appears in this Form 10-K.


PRICEWATERHOUSECOOPERS LLP
San Jose, California
March 28, 2002
#### James A. Allison, administrator, plaintiff in error, *vs.*Henry R. Thomas, executor, *et al.,*defendant in error.

(By two judges.) 1. It is necessary for an administrator to file the tax affidavit required by Act of 1870, even though there are no debts, and a widow and minor are interested with others in the estate.

2. Every presumption will be made in favor of the constitutionality of an Act of a State Legislature. Where this Court has decided an Act of the Legislature constitutional, under which decision many private rights have been settled, and to disturb which might unsettle many others, and perhaps prove a great hardship to the plaintiffs in those oases already adjudicated, the doctrine of *stare decisis*applies. 27th February, 1872.

Relief Acts of 1870. Constitutional Law. Before Judge Harrell. Randolph Superior Court. May Term, 1871.

Allison, as administrator of Key, sued Thomas, as executor of J. W. Thomas, and Douglass, as security, upon their promissory note made in 1860. No defense was filed. But plaintiff had filed no affidavit of having paid the taxes on the debt, as required by the Relief Act of 1870. To excuse himself, he proposed to prove that Key’s estate owed nothing, and that two of his heirs-at-law were his widow and a minor, and contended that if the Acts were constitutional, which he denied, his case was excepted by its 14th section. The Court dismissed the cause for want of said affidavit. That is assigned as error on said grounds.

Hood *&*Kiddoo, for plaintiff in error.

E. L. Douglass j C. B. Wooten, for defendant.

*650Montgomery, Judge.

The Court below dismissed this case for want of the tax affidavit required by the Relief Act of 1870, the suit being upon a note made before June, 1865. The plaintiff offered to show that the estate owed no debts, and that two of the heirs were a widow and minor, there being also adult heirs. The Court refused to let the proof be made. Plaintiff also objected to the dismissal on the ground that the Act of 1870 was contrary both to the Constitution of the United States and to that of Georgia.

The Court held the Act to be constitutional, and plaintiff excepted. Upon the hearing before this Court, counsel submitted the constitutional point without argument. And hence the decision in this case, as to that point, is placed upon the prior ruling of the Court holding the Act in question to be constitutional. After the present case had been heard, the constitutional question was elaborately argued in the cases of *The Macon and Augusta Railroad Company vs. Little, executor,*and *Johnson, administrator, vs. Sayre et al.,*decided at the present term, to which cases reference is made for the views of each member of the Court upon the subject.

We affirm the judgment of the Court below upon both rulings. If the widow and minor had been the *sole*heirs, the case would have fallen within the 14th section of the Relief Act. As it stands, we think the taxes should have been paid and the usual affidavit filed.

Judgment affirmed.
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

RICHARD A. SPRAGUE, HON. RONALD 

D. CASTILLE AND HON. STEPHEN 

ZAPPALA, SR., 

 Petitioners 

 v. 

PEDRO A. CORTES, SECRETARY OF 

THE COMMONWEALTH OF 

PENNSYLVANIA, IN HIS OFFICIAL 

CAPACITY, 

 Respondent 

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

100 MM 2016 

Emergency Application for Extraordinary 

Relief 

 

ORDER 

PER CURIAM 

AND NOW, this 27th day of July 2016, the Petitioners’ Emergency Application for 

Extraordinary Relief is GRANTED. The Secretary is directed to file an answer and any 

new matter to the complaint by Wednesday, August 3, 2016. Thereafter, an expedited 

briefing schedule will be established for the parties to provide full briefing on the legal 

issue raised by Petitioners’ complaint and/or any applications for summary relief filed in 

conjunction therewith. See Pa.R.A.P. 1532(b). 

Petitioners’ Emergency Application to Strike the “Answer” of Amicus Curiae is 

DISMISSED as moot. 

 Chief Justice Saylor did not participate in consideration or decision of this matter.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO RULE 13a-14(b) UNDER THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly
presents, in all material respects, the financial
condition and results of operations of the
Company.
 Date: November 9, 2009
    /s/ Edward K. Aldag, Jr.Edward K. Aldag, Jr.Chairman, President and Chief
Executive Officer/s/ R. Steven HamnerR. Steven HamnerExecutive Vice President and Chief
Financial Officer
| (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 results of operations of      NFC. |
|-----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      June 8, 2009 |   | /s/    | DAVID J. JOHANNESON              |
|-------------------------|--------|--------|----------------------------------|
|                    |   |   | David      J. Johanneson         |
|                    |   |   | Principal      Executive Officer |

| Date:      June 8, 2009 |   | /s/    | WILLIAM      V. MCMENAMIN        |
|-------------------------|--------|--------|----------------------------------|
|                    |   |   | William      V. McMenamin        |
|                    |   |   | Principal      Financial Officer |

| Date:      June 8, 2009 |   | /s/    | DAVID L. DERFELT                 |
|-------------------------|--------|--------|----------------------------------|
|                    |   |   | David      L. Derfelt            |
|                    |   |   | Principal      AccountingOfficer |

----
**Exhibit32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER**

 

 

I, Saed Mohseni, Chief Executive Officer, inconnection with the Quarterly Report on Form 10-Q of McCormick & Schmick’sSeafood Restaurants, Inc. for the quarterly period ended September 25, 2004 (the“Report”), hereby certify in accordance with 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1)              The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

2)              The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of McCormick & Schmick’s Seafood Restaurants,Inc.

 

 
| /s/ SAED MOHSENI        |   |
|-------------------------|--------|
| Saed Mohseni            |   |
| Chief Executive Officer |   |
| Dated: November 5, 2004 |   |

 

 

1

----
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Co^S n^y +^ *Ufc^"^, _ii^^JlO jtelAcosta, Clerk

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1783
OSCAR L. WRIGHT, Plaintiff - Appellant, versus GWALTNEY OF SMITHFIELD, LTD., Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Walter D. Kelley, Jr., District Judge. (2:06-cv-00312-WDK) Submitted: October 18, 2007 Decided: October 22, 2007 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Oscar L. Wright, Appellant Pro Se. James Phillip Naughton, HUNTON & WILLIAMS, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Oscar L. Wright appeals the district court’s dismissal of his civil action alleging employment discrimination under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. We agree with the district court that Wright failed to provide evidence to support a claim that his firing was motivated by racial or age-based discrimination. Accordingly, we affirm for the reasons stated by the district court. See Wright v. Gwaltney of Smithfield , No. 2:06-cv-00312-WDK (E.D. Va. filed July 16, 2007 & entered July 18, 2007). 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.

AFFIRMED
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5403 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5403

     To direct the Secretary of Defense to temporarily adjust the 
           reimbursement rates for TRICARE claims in Alaska.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2010

 Mr. Young of Alaska introduced the following bill; which was referred 
                   to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
     To direct the Secretary of Defense to temporarily adjust the 
           reimbursement rates for TRICARE claims in Alaska.

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

SECTION 1. TEMPORARY ADJUSTMENT OF REIMBURSEMENT RATES FOR TRICARE 
              CLAIMS IN ALASKA.

    (a) TRICARE Rates.--Notwithstanding section 1079(h) of title 10, 
United States Code, during the period beginning on October 1, 2010, and 
ending on September 30, 2012, the Secretary of Defense shall ensure 
that payment for a charge for services by an individual health care 
professional (or other noninstitutional health care provider) located 
in Alaska for which a claim is submitted under a plan contracted for 
under section 1079(a) of such title shall be equal to an amount 
determined to be appropriate, to the extent practicable, in accordance 
with the same reimbursement rules as apply to payments for similar 
services under the VA Alaska Fee Schedule used by the Secretary of 
Veterans Affairs pursuant to section 17.56(d) of title 38, Code of 
Federal Regulations.
    (b) Report.--Not later than April 1, 2012, the Secretary of Defense 
shall submit to the congressional defense committees (as defined in 
section 101(a)(16) of title 10, United States Code), a report on the 
rates for reimbursing TRICARE claims in Alaska, including a comparison 
of the rates paid during the period described in subsection (a) and the 
rates paid before such period.
                                 <all>
```