alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[ 882 NE2d 885, 853 NYS2d 273]

#### Wilfredo Alexis Castillo, Respondent, v 711 Group, Inc., Defendant and Third-Party Plaintiff-Respondent. 3-D Laboratory, Inc., Third-Party Defendant-Appellant.

Decided February 12, 2008

*736APPEARANCES OF COUNSEL

*Baxter, Smith, Tassan & Shapiro, P.C.,*Hicksville *(Sim R. Shapiro*of counsel), for third-party defendant-appellant.

*Miller & Associates, P.C.,*New York City *(Scott E. Miller*of counsel), and *Jones Hirsch Connors & Bull, PC. (Mark D. Wellman*of counsel), for third-party plaintiff-respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Third-party defendant 3-D Laboratory, Inc. moved for summary judgment dismissing the third-party action against it, claiming the injuries plaintiff sustained to his left index finger did not qualify as a “grave injury” under Workers’ Compensation Law § 11. Supreme Court denied the motion. The Appellate Division affirmed the denial of the third-party defendant’s motion, but searched the record and awarded plaintiff and defendant/third-party plaintiff 711 Group, Inc. partial summary judgment on the issue whether plaintiff suffered a “grave injury” under Workers’ Compensation Law § 11. We affirm.

Workers’ Compensation Law § 11 expressly lists the “loss of an index finger” as a “grave injury.” Consistent with the principle that “[wjords in a statute are to be given their plain meaning without resort to forced or unnatural interpretations,” *737this Court has held that “the word ‘finger’ means the whole finger, not just its tip” *(Castro v United Container Mach. Group,*96 NY2d 398, 401 [2001]).

Here, plaintiff demonstrated that he lost both interphalangeal joints of his left index finger, leaving a “painful amputation stump” that required two corrective surgeries to desensitize. Thus, plaintiff established that he suffered the “loss of an index finger” within the meaning of Workers’ Compensation Law § 11 *(cf. Mentesana v Bernard Janowitz Constr. Corp.,*36 AD3d 769, 770 [2d Dept 2007]; *Blackburn v Wysong & Miles Co.,*11 AD3d 421, 422 [2d Dept 2004]; *McCoy v Queens Hydraulic Co.,*286 AD2d 425, 425 [2d Dept 2001]).

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.
----

|   | 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 operation of the Company. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ L. Paul Latham                                      |
|---------------------------------------------------------|
| L. Paul Latham                                          |
| President and Chief Executive Officer                   |
| of Southwest Royalties, Inc., the                       |
| Managing General Partner of                             |
| Southwest Royalties Institutional Income Fund X-C, L.P. |
|                                                    |
| August 13, 2010                                         |
|                                                    |
|                                                    |
| /s/ Mel G. Riggs                                        |
| Mel G. Riggs                                            |
| Vice President and Chief Financial Officer of           |
| Southwest Royalties, Inc., the                          |
| Managing General Partner of                             |
| Southwest Royalties Institutional Income Fund X-C, L.P. |
|                                                    |
| August 13, 2010                                         |
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2430 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2430

  To amend the percentage of funds appropriated under title I of the 
Elementary and Secondary Education Act of 1965 required to be reserved 
         for outlying areas and the Secretary of the Interior.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 6, 2011

   Mr. Sablan (for himself, Mrs. Christensen, Ms. Bordallo, and Mr. 
Faleomavaega) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
  To amend the percentage of funds appropriated under title I of the 
Elementary and Secondary Education Act of 1965 required to be reserved 
         for outlying areas and the Secretary of the Interior.

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

SECTION 1. GRANTS FOR OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR.

    Section 1121(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6331(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking ``a 
        total of 1 percent to provide assistance to'';
            (2) in paragraph (1), by inserting ``.5 percent to provide 
        assistance to'' before ``the outlying''; and
            (3) in paragraph (2), by inserting ``.75 percent to provide 
        assistance to'' before ``the Secretary''.
                                 <all>
```
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Page 42682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19356]


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

FEDERAL ELECTION COMMISSION


Sunshine Act Notice

AGENCY: Federal Election Commission.

DATE AND TIME:  Thursday, September 14, 2017 at 10:00 a.m.

PLACE:  999 E Street NW., Washington, DC (Ninth Floor).

STATUS:  This hearing will be open to the public.

ITEM TO BE DISCUSSED: 
    Audit Hearing: Conservative Majority Fund. Freedom's Defense Fund.
    Individuals who plan to attend and require special assistance, such 
as sign language interpretation or other reasonable accommodations, 
should contact Dayna Brown, Secretary and Clerk, at (202) 694-1040, at 
least 72 hours prior to the hearing date.

PERSON TO CONTACT FOR INFORMATION:  Judith Ingram, Press Officer, 
Telephone: (202) 694-1220.

Dayna C. Brown,
Secretary and Clerk of the Commission.
[FR Doc. 2017-19356 Filed 9-7-17; 4:15 pm]
 BILLING CODE 6715-01-P
[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Page 43036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19373]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3382-EM; Docket ID FEMA-2017-0001]


Louisiana; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Louisiana (FEMA-3382-EM), dated August 28, 2017, and 
related determinations.

DATES: This amendment was issued August 31, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for 
the State of Louisiana is hereby amended to include the following areas 
among those areas determined to have been adversely affected by the 
event declared an emergency by the President in his declaration of 
August 28, 2017.

    Allen, Acadia, Iberia, Natchitoches, Rapides, Sabine, and Vernon 
Parishes for emergency protective measures (Category B), including 
direct federal assistance, under the Public Assistance program.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050 Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-19373 Filed 9-12-17; 8:45 am]
 BILLING CODE 9111-23-P
#### In the Matter of: Paul HUPP, Debtor. Paul Hupp, Appellant, v. Educational Credit Management Corporation, Appellee, United States of America, Intervenor-Appellee.

No. 08-56403.

United States Court of Appeals, Ninth Circuit.

*1039Submitted May 25, 2010.*

Filed June 7, 2010.

Paul Hupp, Beaumont, CA, pro se.

Timothy Patrick Burke, Timothy P. Burke *&*Associates, South Pasadena, CA, for Appellee.

William Ranter, Esquire, Peter Rolf Maier, Trial, U.S. Department of Justice, Washington, DC, for Intervenor-Appellee.

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2). Accordingly, Hupp’s motion for oral argument is denied.

MEMORANDUM **

Paul Hupp appeals pro se from the district court’s judgment affirming the bankruptcy court’s order after a bench trial regarding discharge of Hupp’s student loans under 11 U.S.C. § 523(a)(8). We have jurisdiction pursuant to 28 U.S.C. § 158(d). We review de novo, *Rifino v. United States (In re Rifino),*245 F.3d 1083, 1087 (9th Cir.2001), and we affirm.

The bankruptcy court properly determined that Hupp failed to establish that his current inability to repay the loans was likely to persist for a significant portion of the repayment period and that he had made a good faith effort to repay the loans. *See id.*at 1087 (outlining three-prong test for debtor to establish undue hardship under 11 U.S.C. § 523(a)(8)); *see also, Educ. Credit Mgmt. Corp. v. Mason (In re Mason),*464 F.3d 878, 885 (9th Cir.2006) (concluding that debtor had not met his burden of establishing good faith in attempting to pay back his loans because he had not maximized his income and had not made adequate efforts to obtain full-time employment despite his educational background).

Hupp’s remaining contentions are unpersuasive.

All pending motions are denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<PAGE>
                                                                    EXHIBIT 99.2



                        CERTIFICATION OF CFO 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 on Form 10-Q of Sterling Chemicals, Inc.
(the "Company") for the quarterly period ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), Paul
G. Vanderhoven, as Senior Vice President-Finance and Chief Financial Officer of
the Company, hereby certifies, 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) 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 the
Company.




/s/ PAUL G. VANDERHOVEN
---------------------------------------
Paul G. Vanderhoven
Senior Vice President-Finance and Chief
Financial Officer
Date: February 18, 2003



This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
```

[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Page 43526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19770]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-882]

Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Correction to the Opportunity To Request Administrative Review 
Notice

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

FOR FURTHER INFORMATION CONTACT: Brian Davis, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-7924.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2017, the Department published its opportunity to 
request administrative review of antidumping or countervailing duty 
orders, findings, or suspended investigations, as appropriate, for the 
September 2017 anniversary month.\1\ The Initiation Notice included a 
reference to the countervailing duty order on certain cold-rolled steel 
flat products from the Republic of Korea, and identified the period of 
review for that order as July 1, 2016, through December 31, 2016.\2\ 
However, the correct period of review is July 29, 2016, through 
December 31, 2016. The Department is hereby correcting the Initiation 
Notice to address this error. This correction to the notice of 
initiation of administrative review is issued and published in 
accordance with sections 751(a) and 777(i)(1) of the Tariff Act of 
1930, as amended.
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 82 FR 41595 (September 1, 2017) (Initiation Notice).
    \2\ Id. at 41597.

    Dated: September 12, 2017.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-19770 Filed 9-15-17; 8:45 am]
 BILLING CODE 3510-DS-P
```
[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Page 43219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19529]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Correction to the Final Results of Antidumping Duty Administrative 
Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective September 14, 2017.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-3147.

SUPPLEMENTARY INFORMATION: On June 5, 2017, the Department of Commerce 
(the Department) published the final results of the 2014-2015 
administrative review of the antidumping duty order on multilayered 
wood flooring from the People's Republic of China (PRC).\1\ The period 
of review (POR) is December 1, 2014, through November 30, 2015. The 
Department is issuing this notice to correct an inadvertent error in 
the Final Results. Specifically, the Department granted a separate rate 
to Guandong Yihua Timber Industry Co., Ltd. (Yihua Timber); however, 
the Department failed to take into account the completion of a changed 
circumstances review on the antidumping duty order on multilayered wood 
flooring from the PRC.\2\ In the CCR, the Department determined that 
Yihua Lifestyle Technology Co., Ltd. (Yihua Tech) is the successor-in-
interest to Yihua Timber.\3\ As such, effective March 22, 2017, Yihua 
Tech is entitled to Yihua Timber's antidumping cash deposit rate with 
respect to entries of subject merchandise. The Department intends to 
send updated cash deposit instructions to U.S. Customs and Border 
Protection.
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 
Final Determination of No Shipments, and Final Partial Rescission of 
Antidumping Duty Administrative Review; 2014-2015, 82 FR 25766 (June 
5, 2017) (Final Results).
    \2\ See Multilayered Wood Flooring from the People's Republic of 
China: Final Results of Changed Circumstances Reviews, 82 FR 14691 
(March 22, 2017) (CCR).
    \3\ Id.
---------------------------------------------------------------------------

    This correction to the final results of this administrative review 
is issued and published in accordance with sections 751(h) and 777(i) 
of the Tariff Act of 1930, as amended.

    Dated: September 7, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-19529 Filed 9-13-17; 8:45 am]
 BILLING CODE 3510-DS-P
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               DEC-31-1997
<CASH>                                      15,004,816
<SECURITIES>                                         0
<RECEIVABLES>                                6,144,719
<ALLOWANCES>                                   262,637
<INVENTORY>                                  1,408,086
<CURRENT-ASSETS>                            32,557,948
<PP&E>                                       5,618,374
<DEPRECIATION>                               2,440,876
<TOTAL-ASSETS>                              38,602,812
<CURRENT-LIABILITIES>                        6,032,069
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       120,456
<OTHER-SE>                                  31,586,533
<TOTAL-LIABILITY-AND-EQUITY>                38,602,812
<SALES>                                      1,987,993
<TOTAL-REVENUES>                             7,897,268
<CGS>                                        1,190,049
<TOTAL-COSTS>                                2,752,111
<OTHER-EXPENSES>                             9,005,156
<LOSS-PROVISION>                                21,600
<INTEREST-EXPENSE>                               2,619
<INCOME-PRETAX>                            (3,622,163)
<INCOME-TAX>                                 (557,335)
<INCOME-CONTINUING>                        (3,064,828)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,064,828)
<EPS-PRIMARY>                                   (0.26)
<EPS-DILUTED>                                   (0.26)
        


</TABLE>
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. ss. 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of Schick Technologies, Inc. (the
"Company") on Form 10-Q for the period ended December 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David Schick, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 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) 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 the
      Company.


                                        /S/ David B. Schick
                                        ----------------------------------------
                                        David Schick
                                        Chief Executive Officer
                                        Schick Technologies, Inc.
                                        February 12, 2004


                                       19