alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This disposition is nonprecedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________
JULIO RODRIGUEZ, Claimant

- Appellant

v.

DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent

- Appellee

______________________

2022

- 1436

______________________
Appeal from the United States Court of Appeals for Veterans Claims in No. 20

- 4016, Senior Judge William A. Moorman.

______________________

JUDGMENT

______________________

A DAM R. L UCK
, GloverLuck, LLP, Dallas, TX, argued for claimant

- appellant. Also represented by A MANDA S UNDAY

.

K ELLY G EDDES
, Commercial Litigation Branch, CivilDivision, United States Department of Justice, Washington, DC, argued for respondent

- appellee. Also represented by B RIAN M. B OYNTON
, E RIC P. B RUSKIN
, P ATRICIA M. M C C ARTHY ; B RIAN D. G RIFFIN
, S AMANTHA A NN S YVERSON
, Case: 22-1436 Document: 42 Page: 1 Filed: 07/11/2023Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

______________________

T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (M OORE
, Chief Judge

, L OURIE and C UNNINGHAM
, Circuit Judges ).

AFFIRMED. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

July 11, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Clerk of Court Case: 22-1436 Document: 42 Page: 2 Filed: 07/11/2023
UNITED STATES OF AMERICA

before the

SECURITIES AND EXCHANGE COMMISSION

INVESTMENT ADVISERS ACT OF 1940

Release No. 6570 / March 8, 2024

Admin. Proc. File No. 3-20928

In the Matter of 

RICHARD GEARHART

SECOND ORDER DIRECTING FILING OF STATUS REPORT REGARDING 

PREHEARING CONFERENCE

On July 7, 2022, the Securities and Exchange Commission issued an order instituting 

proceedings pursuant to Section 203(f) of the Investment Advisers Act of 1940 against Richard 

Gearhart.

1

 On April 25, 2023, the Commission issued an order directing the parties to conduct a 

prehearing conference and file a statement with the Office of the Secretary advising the 

Commission of any agreements reached at the conference.

2

 On August 10, 2023, the Division of 

Enforcement filed a statement informing the Commission that, due to Gearhart’s incarceration, 

the parties had not yet held a prehearing conference. 

On November 3, 2023, the Commission issued an additional order directing the Division 

to file a report concerning the status of its efforts to hold a prehearing conference. The order 

directed that such status report was to be filed by December 4, 2023, and every 28 days 

thereafter until a conference is held.

3

 On December 4, 2023, the Division filed a statement 

informing the Commission that it was attempting to schedule a prehearing conference with 

Gearhart’s assigned counselor but had been unable to so. Although the Division stated at that 

time that it would file updates regarding its efforts to schedule such conference every 28 days 

thereafter, it has yet to do so.

Accordingly, IT IS ORDERED that the Division of Enforcement file a report concerning 

the status of its efforts to hold a prehearing conference in this matter by April 5, 2024, and every 

28 days thereafter until such conference is held.

1 Richard Gearhart, Advisers Act Release No. 6064, 2022 WL 2531752 (July 7, 2022).

2 Richard Gearhart, Advisers Act Release No. 6292, 2023 WL 3090039 (Apr. 25, 2023).

3 Richard Gearhart, Advisers Act Release No. 6476, 2023 WL 7279482 (Nov. 3, 2023).
2

For the Commission, by the Office of the General Counsel, pursuant to delegated 

authority.

Vanessa A. Countryman

Secretary
<PAGE>


The Board of Directors
Harmon Industries, Inc.:

We consent to incorporation by reference in the registration statements (No.
333-25493 and No. 333-53809) on Form S-8 of Harmon Industries, Inc. of our
report dated February 11, 2000 relating to the consolidated balance sheets of
Harmon Industries, Inc. and subsidiaries as of December 31, 1999, and 1998,
and the related consolidated statements of earnings, stockholders' equity,
and cash flows for each of the years in the three-year period ended December
31, 1999, and all related schedules, which report appears in the December 31,
1999, annual report on Form 10-K of Harmon Industries, Inc.

                                               /s/ KPMG LLP


Kansas City, Missouri
March 16, 2000
### §3b. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 87–608, Aug. 24, 1962, 76 Stat. 405, related to maintenance and repair of Government improvements under concession contracts.

#### **Editorial Notes**

#### Codification

Section was classified to section 303c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
#### The People of the State of Illinois, Plaintiff-Appellee, *v.*Reno Carmen Young, Defendant-Appellant.

(No. 70-275;

Second District

October 5, 1971.

E. Roger Horsky, of Defender Project, of Elgin, for appellant.

Philip G. Reinhard, State’s Attorney, of Rockford, for appellee.

Opinion by

Mr. JUSTICE THOMAS J. MORAN.
### §460t–2. Administration

#### (a) Coordination

The Secretary shall coordinate administration of the recreation area with the other purposes of the Yellowtail Reservoir project so that it will in his judgment best provide (1) for public outdoor recreation benefits, (2) for conservation of scenic, scientific, historic, and other values contributing to public enjoyment and (3) for management, utilization, and disposal of renewable natural resources in a manner that promotes, or is compatible with, and does not significantly impair, public recreation and conservation of scenic, scientific, historic, or other values contributing to public enjoyment.

#### (b) Utilization of statutory authorities

In the administration of the area for the purposes of this subchapter, the Secretary may utilize such statutory authorities relating to areas administered and supervised by the Secretary through the National Park Service and such statutory authorities otherwise available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of this subchapter.

(Pub. L. 89–664, §3, Oct. 15, 1966, 80 Stat. 914.)
**EXHIBIT 23.1**

 

##### **CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

##### ** **

We consent to the incorporation by referencein Registration Statement No. 33-41323 of Hawkins, Inc. (the Company)on Form S-8 of ourreports dated June 29, 2005, relating to the financial statements ofHawkins, Inc. and management’s report on the effectiveness of internalcontrol over financial reporting (which report expresses an adverse opinion onthe effectiveness of the Company’s internal control over financial reportingbecause of material weaknesses) appearing in this Annual Report on Form 10-Kof the Company for the fiscal year ended April 3, 2005.

 

 
| /s/ Deloitte & Touche LLP |   |
|------------------------------------|--------|
|                               |
| Minneapolis,  Minnesota            |
| June 29,  2005                |

 

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<PAGE>
 
                                                            HECO Exhibit 10.4(c)
                                                            --------------------


[ Maui Electric Company, Ltd. letterhead ]



                                                               December 11, 1997



Mr. Steve Holaday
Hawaiian Commercial & Sugar Company
P. O. Box 266
Puunene, HI  96784

Dear Mr. Holaday:

Re:  Agreement to Extend Term of Amended and Restated Power Purchase Agreement
     Between A&B Hawaii, Inc., through its division, Hawaiian Commercial & Sugar
     Company, and Maui Electric Company, Limited, dated November 30, 1989, as
     Amended on November 1, 1990

This will confirm and document the Agreement between A&B Hawaii, Inc., through
its division, Hawaiian Commercial & Sugar Company ("HC&S") and Maui Electric
Company, Limited ("MECO") to extend the term of the Amended and Restated Power
Purchase Agreement Between HC&S and MECO (the "Power Purchase Agreement") as
follows:

1.   The Power Purchase Agreement shall remain in full force and effect through
     December 31, 2000, and from year to year thereafter; subject to termination
     on or after January 1, 2001, on not less than two (2) years' prior written
     notice by either party.

2.   All other terms and conditions of the Power Purchase Agreement shall remain
     unmodified for the extended term set forth above.

3.   To the extent that this Agreement to extend the Power Purchase Agreement
     requires the approval of the Public Utilities Commission ("PUC") of the
     State of Hawaii, it is expressly understood and agreed that the obligations
     of MECO and HC&S hereunder are contingent upon the continuing approval of
     the PUC.
<PAGE>
 
If the foregoing meets with your approval, please execute the below
acknowledgment and return the original to me, retaining the duplicate original
for your files. MECO values its long-standing relationship with HC&S, and thanks
you for your willingness to work cooperatively to position both companies for
the future.


                             MAUI ELECTRIC COMPANY, LIMITED

                             By    /S/ T. Michael May
                                ---------------------

                             Its    Board Chairman
                                  ----------------

                             Date:    12/11/97
                                    ----------


                             By    /S/ William A. Bonnet
                                ------------------------

                             Its    President
                                  -----------

                             Date:    12/11/97
                                    ----------


Acknowledged and agreed:

A&B-HAWAII, INC., by its division
HAWAIIAN COMMERCIAL & SUGAR COMPANY

By    /S/ Steven Holaday
    --------------------

Its    Gen. Mgr.
     -----------

Date:    Dec., 12, 1997
       ----------------


By    /S/ Robert Kwok
    -----------------

Its    Vice President, Production
     ----------------------------

Date:    Dec., 12, 1997
       ----------------



Page 2
### §5103. State-Federal cooperation in Atlantic coastal fishery management

#### (a) Federal support for State coastal fisheries programs

The Secretary in cooperation with the Secretary of the Interior shall develop and implement a program to support the interstate fishery management efforts of the Commission. The program shall include activities to support and enhance State cooperation in collection, management, and analysis of fishery data; law enforcement; habitat conservation; fishery research, including biological and socioeconomic research; and fishery management planning.

#### (b) Federal regulation in exclusive economic zone

(1) In the absence of an approved and implemented fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and after consultation with the appropriate Councils, the Secretary may implement regulations to govern fishing in the exclusive economic zone that are—

(A) compatible with the effective implementation of a coastal fishery management plan; and

(B) consistent with the national standards set forth in section 301 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851).

The regulations may include measures recommended by the Commission to the Secretary that are necessary to support the provisions of the coastal fishery management plan. Regulations issued by the Secretary to implement an approved fishery management plan prepared by the appropriate Councils or the Secretary under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall supersede any conflicting regulations issued by the Secretary under this subsection.

(2) The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply with respect to regulations issued under this subsection as if such regulations were issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(Pub. L. 103–206, title VIII, §804, Dec. 20, 1993, 107 Stat. 2449; Pub. L. 104–297, title IV, §404(b), Oct. 11, 1996, 110 Stat. 3619; Pub. L. 106–555, title I, §122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)

#### **Editorial Notes**

#### References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

#### Amendments

2000—Subsec. (b). Pub. L. 106–555 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery" wherever appearing.

1996—Subsec. (b)(1)(A). Pub. L. 104–297 substituted "compatible with" for "necessary to support".
### §460u–16. Road construction cooperative agreements with landowners north of Little Calumet River; prevention of soil erosion; minimization of aural and visual impact

The Secretary shall enter into a cooperative agreement with the landowner of those lands north of the Little Calumet River between the Penn Central Railroad bridge within area II–E and "Crossing A" within area IV–C on the map referred to in section 460u–3 of this title, dated October 1976, and numbered 626–9100.1 Such agreement shall provide that any roadway constructed by the landowner south of United States Route 12 within such vicinity shall include grading, landscaping, and plantings of vegetation designed to prevent soil erosion and to minimize the aural and visual impacts of said construction, and of traffic on such roadway, as perceived from the Little Calumet River.

(Pub. L. 89–761, §16, formerly §17, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533; amended Pub. L. 99–583, §1(g), Oct. 29, 1986, 100 Stat. 3320.)

#### **Editorial Notes**

#### Amendments

1986—Pub. L. 99–583 inserted provisions relating to the map referred to in section 460u–3 of this title.

1 So in original. Probably should be "September 1976, and numbered 626–91007."
|  |  | [if !vml]>[endif]>

[if !vml]>[endif]>

You have  reached the Federal Depository Library Program Electronic Collection  (FDLP/EC) Archive. This archive assures ongoing access to publications in the  FDLP/EC. Access to publications in the archive is available through GPO's  suite of cataloging and locator services, including the Catalog of U.S.  Government Publications.
**Title: Proceedings from the ... summer Software Engineering  Workshop
Sudocs No. NAS 1.15:
Item No. 0830-D (online)
System No. 000997532
3rd  edition (1978)  | 4th  edition (1979)
A service of the Superintendent of Documents,  U.S. Government Printing Office..

 

Last updated:  September 24,  2016  Page Name:  http://permanent.fdlp.gov/
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|--|--|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
UNITED STATES OF AMERICA

before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 86058 / June 6, 2019

Admin. Proc. File No. 3-16965

In the Matter of 

YANGLIN SOYBEAN, INC.

NOTICE THAT INITIAL DECISION HAS BECOME FINAL

The time for filing a petition for review of the initial decision in this proceeding has 

expired. No such petition has been filed by Yanglin Soybean, Inc., and the Commission has not 

chosen to review the decision on its own initiative.

Accordingly, notice is hereby given, pursuant to Rule 360(d) of the Commission's Rules 

of Practice,1that the initial decision of the administrative law judge has become the final 

decision of the Commission with respect to Yanglin Soybean, Inc.2The order contained in that 

decision is hereby declared final. The initial decision ordered that, pursuant to Section 12(j) of 

the Securities Exchange Act of 1934, the registrations of each class of registered securities of

Yanglin Soybean, Inc., are hereby revoked. The revocations are effective as of June 7, 2019.

For the Commission, by the Office of the General Counsel, pursuant to delegated 

authority.

Vanessa A. Countryman

 Acting Secretary

 

1

 17 C.F.R. § 201.360(d).

2

 African Copper Corp., Genmed Holding Corp., and Yanglin Soybean, Inc., Initial Decision 

Release No. 1361 (Mar. 5, 2019), 2019 WL 1036160. The Central Index Key number for 

Yanglin Soybean, Inc., is: 1368745.
EX-31.1                     RULE 13a-14(a)/15d-14(a) CERTIFICATION OF PAUL EGAN

                    RULE 13a-14(a)/15d-14(a) CERTIFICATION

I, Paul Egan, certify that:

1.  I have reviewed this quarterly report on Form 10-QSB/A of
FreeStar Technology Corporation;

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 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; and

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 small business issuer as of, and for, the periods
presented in this report.

Dated: March 25, 2004                  By: /s/  Paul Egan
                                       Paul Egan, President
### §460l–6c. Admission, entrance, and recreation fees

#### (a) Definitions

As used in this section:

#### (1) Area of concentrated public use

The term "area of concentrated public use" means an area administered by the Secretary that meets each of the following criteria:

(A) The area is managed primarily for outdoor recreation purposes.

(B) Facilities and services necessary to accommodate heavy public use are provided in the area.

(C) The area contains at least 1 major recreation attraction.

(D) Public access to the area is provided in such a manner that admission fees can be efficiently collected at 1 or more centralized locations.

#### (2) Boat launching facility

The term "boat launching facility" includes any boat launching facility, regardless of whether specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, are provided.

#### (3) Campground

The term "campground" means any campground where a majority of the following amenities are provided, as determined by the Secretary:

(A) Tent or trailer spaces.

(B) Drinking water.

(C) An access road.

(D) Refuse containers.

(E) Toilet facilities.

(F) The personal collection of recreation use fees by an employee or agent of the Secretary.

(G) Reasonable visitor protection.

(H) If campfires are permitted in the campground, simple devices for containing the fires.

#### (4) Secretary

The term "Secretary" means the Secretary of Agriculture.

#### (b) Authority to impose fees

The Secretary may charge—

(1) admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary; and

(2) recreation use fees at lands administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities, including visitors' centers, picnic tables, boat launching facilities, and campgrounds.

#### (c) Amount of fees

The amount of the admission, entrance, and recreation fees authorized to be imposed under this section shall be determined by the Secretary.

(Pub. L. 103–66, title I, §1401, Aug. 10, 1993, 107 Stat. 331.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Agricultural Reconciliation Act of 1993 and as part of the Omnibus Budget Reconciliation Act of 1993, and not as part of the Land and Water Conservation Fund Act of 1965.
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET, STATEMENT OF INCOME, AND STATEMENT OF CASHFLOW AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

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