alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FROM: THE DISTRICT COURT OF THE FIFTEENTH JUDICIAL DISTRICT, COUNTY OF SHERIDAN,

#### STATE OF MONTANA, Plaintiff, vs. MICHAEL WALTER FRASIER, Defendant.

No. 880 DECISION

DATED this 3rd day of August, 1990.

On April 19, 1990, the Defendant was sentenced to fifteen (15) years, three (3) days until April 22, 2005, the Defendant’s discharge date under his previous suspended sentence for the revocation of Count I, Theft and Count II, Burglary.

On August 3, 1990, the Defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The Defendant was present and was represented by Francis J. McCarvel, Attorney at Law from Glasgow, Montana. The state was not represented.

Before hearing the application, the Defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also to increase it if such is possible. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence is amended to provide that in the Revocation Order dated, April 19, 1990, the sentences imposed for Burglary and Theft shall be served concurrently rather than consecutively. Thus the petitioner will serve five (5) years and three (3) days rather than fifteen (15) years and three (3) days. The conditions shall remain the same as originally imposed.

The reasons for the decision are (1) the statute in effect at the time of the original sentencing presumed that the sentence would run concurrently; and (2) to obtain uniformity in sentencing.
AMENDMENT NO. 1TO THEGABLES RESIDENTIAL TRUSTFOURTH AMENDED AND RESTATED1994 SHARE OPTION AND INCENTIVE PLAN

 

        TheGables Residential Trust Fourth Amended and Restated 1994 Share Option andIncentive Plan (the "Plan") as adopted March 15, 1999, is hereby amended byaction of the Board of Trustees (the "Board") at a meeting of the Board dulycalled and held on November 11, 2003 as follows:

 

-  Section 5 of the Plan is amended by deleting  the following sentence from such section:            "No Incentive  Share Option shall be granted under the Plan after May 18, 2008."
 
-  Section 14 of the Plan is amended by adding the  following to the end of such section:        "Unless sooner terminated as herein  provided, the Plan shall terminate on May 19, 2008 and no Award  shall be granted under  the Plan after such date.  The termination of the Plan shall not  adversely affect the rights under any  outstanding Award without the holder's written consent."
                IN WITNESS WHEREOF,  the undersigned certifies that the amendments setforth above were adopted by the Board on November 11, 2003.

 

GABLES RESIDENTIAL TRUST

 

 

By:      /s/ Marvin R. Banks, Jr.           Name:  Marvin R. Banks, Jr.Title:     Senior Vice President and Chief            FinancialOfficer
### §1305. Renewal or extension of agreement; participation of subsequent owner or operator in program

Any agreement may be renewed or extended at the end of the agreement period for an additional period of ten years by mutual agreement of the Secretary and the owner or operator, subject to any rate redetermination by the Secretary. If during the agreement period the owner or operator sells or otherwise divests himself of the ownership or right of occupancy of such land, the new owner or operator may continue such agreement under the same terms or conditions, or enter into a new agreement in accordance with the provisions of this chapter, including the provisions for renewal and adjustment of payment rates, or he may choose not to participate in such program.

(Pub. L. 91–559, §6, Dec. 19, 1970, 84 Stat. 1471.)

#### **Statutory Notes and Related Subsidiaries**

#### One-Year Extension of Agreements

Pub. L. 103–393, Oct. 22, 1994, 108 Stat. 4105, provided that:

#### "SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Water Bank Extension Act of 1994'.

#### "SEC. 2. SPECIAL AUTHORITY TO EXTEND WATER BANK ACT AGREEMENTS.

"(a) Subject to subsection (b), any agreement entered into under the Water Bank Act (16 U.S.C. 1301 et seq.) and due to expire on December 31, 1994, may be extended for 1 year under section 6 of the Water Bank Act (16 U.S.C. 1305).

"(b) The authority to extend Water Bank Act agreements under this Act may only be exercised to the extent that the amount available for obligation under the Wetlands Reserve Program (16 U.S.C. 1637 et seq.) [probably meant former 16 U.S.C. 3837 et seq.], and the amount used for the extension of Water Bank Act agreements under subsection (a), does not exceed $93,200,000 as provided for the Wetlands Reserve Program under the Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1995 [Pub. L. 103–330, 108 Stat. 2453]."
<PAGE>


Exhibit 31.1

                            CERTIFICATION PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

         I, Sterling E. Phillips, Jr., certify that:

         (1) I have reviewed this Amendment No. 2 to annual report on Form 10-K
of Analex Corporation (the "Company") for the year ending December 31, 2002;

         (2) Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary in order
to make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by this
report;

         (3) Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all material
respects the financial condition, results of operations, and cash flows of the
Company as of, and for, the periods presented in this report;

         (4) The Company's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and have:

                  (a) designed such disclosure controls and procedures, or
caused such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the Company,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;

                  (b) evaluated the effectiveness of the Company's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and; and

                  (c) disclosed in this report any change in the Company's
internal control over financial reporting that occurred during the Company's
most recent fiscal quarter (the Company's fourth fiscal quarter in the case of
an annual report) that has materially affected, or is reasonably likely to
materially effect, the Company's internal control over financial reporting; and

         (5) The Company's other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the Company's auditors and the audit committee of the Company's board of
directors (or persons performing equivalent functions):

                  (a) all significant deficiencies in the design or operation of
internal controls which are reasonably likely to adversely affect the Company's
ability to record, process, summarize and report financial data; and any fraud,
whether or not material, that involves management or other employees who have a
significant role in the Company's internal controls.

Date: November 6, 2003






/s/ Sterling E. Phillips, Jr.
-------------------------------------
Sterling E. Phillips, Jr.
President and Chief Executive Officer
§ 54.110 Remedial and affirmative action and self-evaluation. ( a ) *Remedial action.* If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial action as the designated agency official deems necessary to overcome the effects of such discrimination.
( b ) *Affirmative action.* In the absence of a finding of discrimination on the basis of sex in an education program or activity, a recipient may take affirmative action consistent with law to overcome the effects of conditions that resulted in limited participation therein by persons of a particular sex. Nothing in these Title IX regulations shall be interpreted to alter any affirmative action obligations that a recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264.
( c ) *Self-evaluation.* Each recipient education institution shall, within one year of September 29, 2000: ( 1 ) Evaluate, in terms of the requirements of these Title IX regulations, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employment of both academic and non-academic personnel working in connection with the recipient's education program or activity;
( 2 ) Modify any of these policies and practices that do not or may not meet the requirements of these Title IX regulations; and
( 3 ) Take appropriate remedial steps to eliminate the effects of any discrimination that resulted or may have resulted from adherence to these policies and practices.
( d ) *Availability of self-evaluation and related materials.* Recipients shall maintain on file for at least three years following completion of the evaluation required under paragraph (c) of this section, and shall provide to the designated agency official upon request, a description of any modifications made pursuant to paragraph (c)(2) of this section and of any remedial steps taken pursuant to paragraph (c)(3) of this section.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

THE LIMA DELTA COMPANY, §

TRIDENT AVIATION SERVICES, §

LLC, And SOCIETE COMMERCIALE §

ET INDUSTRIELLE KATANGAISE, § No. 401, 2017

Plaintiff Below, §

Appellants, §

§ Court Below:

§ Superior Court of the

v. § State of Delaware

§

WELLS FARGO INSURANCE § C.A. No. N14C-02-101 JRJ CCLD

SERVICES USA, INC. §

Defendant Below, §

Appellee. §

Submitted: April 11, 2018

Decided: April 12, 2018

Revised: April 17, 2018

O R D E R

Before VALIHURA, SEITZ and TRAYNOR Justices.

This 12th day of April, 2018, the Court, having considered this matter on the 

briefs and the oral arguments of the parties, and having concluded that the same 

should be affirmed on the basis of and for the reasons assigned by the Superior Court 

in its Opinion dated August 30, 2017; 

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the 

Superior Court be, and the same hereby is, AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura

 Justice
EXHIBIT 32



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 NMXS.com, Inc. (the "Company") on Form
10-QSB for the quarter ended March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned principal executive officer and the principal financial officer of the Company, hereby 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) 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.



Date:  May 14, 2004









/s/ Richard Govatski

Richard Govatski, President

(Principal Executive Officer)





/s/ Teresa Dickey

Teresa Dickey, Treasurer

(Principal Financial Officer)
Order entered January 24, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01299-CV

CITY OF DALLAS, Appellant

V.

VERNELL KENNEDY, Appellee

On Appeal from the 134th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-18-13078

ORDER

Before the Court is appellee’s January 21, 2020 unopposed motion for extension of time 

to file her brief. We GRANT the motion and ORDER the brief be filed no later than February 

21, 2020.

/s/ KEN MOLBERG

JUSTICE
### §8561. Study on precipitation estimation

#### (a) In general

Not later than 90 days after December 16, 2022, the Administrator, in consultation with other Federal agencies as appropriate, shall seek to enter an agreement with the National Academies—

(1) to conduct a study on the state of practice and research needs for precipitation estimation, including probable maximum precipitation estimation; and

(2) to submit, not later than 24 months after the date on which such agreement is finalized, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on a website, a report on the results of the study under paragraph (1).

#### (b) Study

The report under subsection (a) shall include the following:

(1) An examination of the current state of practice for precipitation estimation at scales appropriate for decisionmaker needs, and rationale for further evolution of this field.

(2) An evaluation of best practices for precipitation estimation that are based on the best-available science, include considerations of non-stationarity, and can be utilized by the user community.

(3) A framework for—

(A) the development of a National Guidance Document for estimating extreme precipitation in future conditions; and

(B) evaluation of the strengths and challenges of the full spectrum of approaches, including for probable maximum precipitation studies.

(4) A description of existing research needs in the field of precipitation estimation in order to modernize current methodologies and consider non-stationarity.

(5) A description of in-situ, airborne, and space-based observation requirements, that could enhance precipitation estimation and development of models, including an examination of the use of geographic information systems and geospatial technology for integration, analysis, and visualization of precipitation data.

(6) A recommended plan for a Federal research and development program, including specifications for costs, timeframes, and responsible agencies for addressing identified research needs.

(7) An analysis of the respective roles in precipitation estimation of various Federal agencies, academia, State, tribal, territorial, and local governments, and other public and private stakeholders.

(8) Recommendations for data management to promote long-term needs such as enabling retrospective analyses and data discoverability, interoperability, and reuse.

(9) Recommendations for how data and services from the entire enterprise can be best leveraged by the Federal Government.

(10) A description of non-Federal precipitation data, its accessibility by the Federal Government, and ways for National Oceanic and Atmospheric Administration to improve or expand such datasets.

#### (c) Authorization of appropriations

There is authorized $1,500,000 to the National Oceanic and Atmospheric Administration to carry out this study.

(Pub. L. 115–25, title VI, §601, as added Pub. L. 117–229, div. D, §2(a), Dec. 16, 2022, 136 Stat. 2313.)
EXHIBIT 32.1

SECTION 1350 CERTIFICATION

Pursuant to 18 U.S.C. Section 1350, Morteza Ejabat, Chief Executive Officer of
Zhone Technologies, Inc. (the Company), and Kirk Misaka, Chief Financial Officer of the Company, each hereby certify that, to their knowledge:



|1. | The Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2006 (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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 4, 2006



|                                       |  |  |  |                                    
|-------------------------------------- |  |  |  | -----------------------------------
|                                       |  | 
|/s/ Morteza Ejabat                     |  |  |  | /s/ Kirk Misaka                    
|Morteza Ejabat Chief Executive Officer |  |  |  | Kirk Misaka Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from 1995 and
1996 financial statements and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                              JAN-1-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           6,949
<SECURITIES>                                         0
<RECEIVABLES>                                   19,762
<ALLOWANCES>                                         0
<INVENTORY>                                     13,630
<CURRENT-ASSETS>                                45,252
<PP&E>                                          15,927
<DEPRECIATION>                                   5,046
<TOTAL-ASSETS>                                  57,467
<CURRENT-LIABILITIES>                           14,425
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,338
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    57,467
<SALES>                                        107,437
<TOTAL-REVENUES>                               107,437
<CGS>                                           56,021
<TOTAL-COSTS>                                   56,021
<OTHER-EXPENSES>                                31,844
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 19,755
<INCOME-TAX>                                     6,902
<INCOME-CONTINUING>                             12,853
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,853
<EPS-PRIMARY>                                     1.08
<EPS-DILUTED>                                     1.07
        

</TABLE>
Exhibit 32  Certifications of Chief Executive Officer and Chief Financial Officer pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 
(furnished but not filed)  In connection with this Annual Report of Great Northern Iron Ore Properties on Form 10-K filed with the Securities and Exchange Commission, I, Joseph S. Micallef, President of the Trustees and Chief Executive Officer of Great Northern Iron Ore Properties, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1350, that:  1.
     This Annual Report on Form 10-K of Great Northern Iron Ore Properties for the year endedDecember 31, 2010(the Report) fully complies with the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and2.
     The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of Great Northern Iron Ore Properties.
  Date:
     February 18, 2011
     
     By
     /s/ Joseph S. MicallefJoseph S. Micallef, President of the Trustees, 
 Chief Executive Officer
  A signed original of this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Great Northern Iron Ore Properties and will be retained by Great Northern Iron Ore Properties and furnished to the Securities and Exchange Commission or its staff upon request.  - - - - - -  In connection with this Annual Report of Great Northern Iron Ore Properties on Form 10-K filed with the Securities and Exchange Commission, I, Thomas A. Janochoski, Vice President & Secretary and Chief Financial Officer of Great Northern Iron Ore Properties, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1350, that:  1.
     This Annual Report on Form 10-K of Great Northern Iron Ore Properties for the year endedDecember 31, 2010(the Report) fully complies with the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and2.
     The information contained in this Annual Report fairly presents, in all material respects, the financial condition and results of operations of Great Northern Iron Ore Properties.
  Date:
     February 18, 2011
     
     By
     /s/ Thomas A. JanochoskiThomas A. Janochoski, Vice President & Secretary, 
 Chief Financial Officer
  A signed original of this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Great Northern Iron Ore Properties and will be retained by Great Northern Iron Ore Properties and furnished to the Securities and Exchange Commission or its staff upon request.


---
#### In the Matter of Bruce Serkez, Respondent, v Rivka Serkez, Appellant. In the Matter of Rivka Serkez, Appellant, v Bruce Serkez, Respondent.

[824 NYS2d 165]

In several related visitation and family offense proceedings, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Rockland County (Warren, J.), dated November 3, 2005, as denied that branch of her motion which was to vacate a prior order of the same court entered July 6, 2005.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant’s contention, the Family Court properly denied that branch of her motion which sought to vacate its prior order entered July 6, 2005. Assuming that there was the appearance of impropriety as alleged by the appellant, she failed to show the existence of any actual impropriety, prejudice, or bias with respect to the aforementioned order *(see*Judiciary Law § 14; *Rochester Community Individual Practice Assn. v Excellus Health Plan,*305 AD2d 1007, 1008 [2003] [Appeal No. 2]; *Matter of Kurz v Justices of Supreme Ct. of N.Y., Kings County,*228 AD2d 74 [1997]). The order was more than 30 pages long, was based on extensive findings adduced in a hearing that lasted approximately five days, and properly took into consideration the facts and applicable legal principles, including the “best interests of the child,” which is the overriding consideration in a custody determination *(Matter of Tropea v Tropea, 87*NY2d 727 [1996]; *see Friederwitzer v Friederwitzer,*55 NY2d 89 [1982]). Florio, J.P., Schmidt, Krausman and Lifson, JJ., concur.