Cases from cite.case.law:

N. JACKSON, v. RYAN S FAMILY STEAK HOUSE, 27 So. 3d 90 (Fla. Dist. Ct. App. 2009)

. . . Thereafter, Claimant’s counsel filed a verified petition for attorney’s fees seeking payment of 40.33 . . .

STOCKE, v. SHUFFLE MASTER, INC., 615 F. Supp. 2d 1180 (D. Nev. 2009)

. . . Shuffle Master’s stock, which had traded as high as $40.33 per share on May 16, 2006, closed on February . . .

CRAGER, v. BOARD OF EDUCATION OF KNOTT COUNTY, KENTUCKY,, 313 F. Supp. 2d 690 (E.D. Ky. 2004)

. . . . § 40.33; the privacy of the collection process, 49 C.F.R. § 40.41; the requisite steps for preserving . . .

DRAKE, v. FEDERAL AVIATION ADMINISTRATION,, 291 F.3d 59 (D.C. Cir. 2002)

. . . . § 40.33(c)(1), (5). . . . If this reanalysis was negative, the MRO was required to cancel the test. 49 C.F.R. § 40.33(e). . . . insufficient for further action,” the MRO could either declare the test negative or order a retest under § 40.33 . . . (e). 49 C.F.R. § 40.33(g). . . .

SOUTHERN CALIFORNIA GAS COMPANY, v. UTILITY WORKERS UNION OF AMERICA, LOCAL AFL- CIO,, 265 F.3d 787 (9th Cir. 2001)

. . . . § 40.33(a)(1). . . . reaching the conclusion that reinstatement was warranted, the arbitrator relied primarily on 49 CFR § 40.33 . . . regulations, concluding that he “[did] not see any way around” the “clear language” of 49 C.F.R. § 40.33 . . . Section 40.33(a)(1) does not require an employer to ignore a positive test result after a qualified MRO . . . (emphasis added)); 49 C.F.R. § 40.33(a)(1) (“An essential part of the drug testing program is the final . . . . § 40.33. . . . mishap was based upon the arbitrator’s reading of the “plain and unambiguous language” of 49 C.F.R. § 40.33 . . .

E. GRAHAM, v. CONTRACT TRANSPORTATION, INC. M. W., 220 F.3d 910 (8th Cir. 2000)

. . . . §§ 40.21-40.33. . . .

ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. UNITED TRANSPORTATION UNION CT Y, 175 F.3d 355 (5th Cir. 1999)

. . . . § 40.33; 49 C.F.R. § 219.707, and Santa Fe’s internal policies direct the railroad’s medical review . . .

HALL, v. UNITED LABS, INC., 31 F. Supp. 2d 1039 (N.D. Ohio 1998)

. . . . § 40.33, misrepresentation, tortious interference with the employment relationship, intentional infliction . . . revealed that Plaintiffs test was never reviewed by a Medical Review Officer, as required by 49 C.F.R. § 40.33 . . . Consequently, there is no evidence that Congress contemplated individual enforcement actions under 40.33 . . .

NEW ENGLAND UTILITIES, v. HYDRO- QUEBEC,, 10 F. Supp. 2d 53 (D. Mass. 1998)

. . . The historical 1983 “cost,” the denominator of the ratio, was fixed by the Contract at the rate of $40.33 . . .

VEILLEUX, v. NATIONAL BROADCASTING COMPANY, INC., 8 F. Supp. 2d 23 (D. Me. 1998)

. . . . §§ 40.33-35; 26 M.R.S.A. § 685(3). . . .

LOGISTICS PERSONNEL CORP. v. TRUCK DRIVERS LOCAL UNION NO., 6 F. Supp. 2d 650 (E.D. Mich. 1998)

. . . . § 40.33(a)(3). The MRO in this case, Dr. Kagan, did so certify. . . .

SMALL v. B. HUNT, Jr. C., 98 F.3d 789 (4th Cir. 1996)

. . . Operating at 125% of capacity would mean that 62 inmates would have 40.33 square feet each. . . .

M. C. ENGLISH, v. TALLADEGA COUNTY BOARD OF EDUCATION Dr. EDPM,, 938 F. Supp. 775 (N.D. Ala. 1996)

. . . . § 40.33(a)(2), (f). . . . . § 40.33(f). . . . covered employees, and so was entitled to (and received) the greater safeguards of 49 C.F.R. §§ 40.25 and 40.33 . . .

W. DRAKE, v. DELTA AIRLINES, INC., 923 F. Supp. 387 (E.D.N.Y. 1996)

. . . . § 40.33(i)(l) calls for the disclosure of certain medical information to the FAA acquired by the employer . . .

SMALL, G. v. B. HUNT,, 858 F. Supp. 510 (E.D.N.C. 1994)

. . . Operating at 125% of capacity would mean that 62 inmates would have 40.33 square feet each. . . .

MOLNAR, v. EBASCO CONSTRUCTORS, INC., 986 F.2d 115 (5th Cir. 1993)

. . . The average age of the 57 employees remaining on the contract increased to 40.33 years, and the average . . .

S. IMPERIALE, Jr. M. D. v. HAHNEMANN UNIVERSITY, W. J. M. D. M. D. F., 776 F. Supp. 189 (E.D. Pa. 1991)

. . . See 22 Pa.Code §§ 40.31, 40.33. 14. . . . has undertaken measures in order to eliminate any “unnecessary dupli-cative programs.” 22 Pa.Code § 40.33 . . .

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WESTERN CONFERENCE OF TEAMSTERS, v. DEPARTMENT OF TRANSPORTATION, AMALGAMATED TRANSIT UNION, v. DEPARTMENT OF TRANSPORTATION, RAILWAY LABOR EXECUTIVES ASSOCIATION v. DEPARTMENT OF TRANSPORTATION, RAILWAY LABOR EXECUTIVES ASSOCIATION v. DEPARTMENT OF TRANSPORTATION, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION OCAWIU v. DEPARTMENT OF TRANSPORTATION, NATIONAL TRANSPORTATION SAFETY BOARD,, 932 F.2d 1292 (9th Cir. 1991)

. . . .-29, 40.31, 40.33. . . . drug tests are reported first to the employer’s designated Medical Review Officer (“MRO”). 49 C.F.R. § 40.33 . . . The MRO must be a licensed physician with knowledge of substance abuse disorders. 49 C.F.R. § 40.33(b . . . the positive result and must provide the employee an opportunity to explain the result. 49 C.F.R. § 40.33 . . . scientifically insufficient or unreliable, the test result shall be reported as negative. 49 C.F.R. § 40.33 . . .

A. CRAWFORD L. v. JANKLOW,, 557 F. Supp. 1146 (D.S.D. 1983)

. . . Lowest LIEAP Heating Subsidy Fuel Oil (40.33 X 12 =) $483.96 $490 Propane (26.14 X 12 =) $313.68 $430 . . .

In W. ANDERSON M. W. ANDERSON M. v. MONTGOMERY WARD CO. INC., 23 B.R. 130 (Bankr. D. Neb. 1982)

. . . account are as follows: Date Description Amount 10-7-80 freezer purchase $301.63 11-15-80 Mise, purchase 40.33 . . .

UTILITIES CONSTRUCTION CORPORATION v. PEERLESS INSURANCE COMPANY v. D. BLISS, A. M. F. D B A v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA St., 233 F. Supp. 64 (D. Vt. 1964)

. . . Thousand Five Hundred Dollars ($9500) plus interest and costs of Forty Dollars and Thirty-three Cents ($40.33 . . .

VOLUSIA COUNTY KENNEL CLUB, v. FLORIDA RACING COMMISSION, 4 Fla. Supp. 103 (Leon Cty. Cir. Ct. 1953)

. . . ... 3,643,576.00 100.999.39 109.897.00 33.15 Sanford-Orlando K.C. 3,804,793.00 233,026.25 94.350.00 40.33 . . .

TEXAS RANGER PRODUCING REFINING CO. v. ROBINSON, 272 F. 453 (5th Cir. 1921)

. . . time of the survey 2.88 acres, and the batture thereafter formed opposite thereto,. mating a total of 40.33 . . .