alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §832e. Rate schedules

Schedules of rates and charges for electric energy produced at the Bonneville project and sold to purchasers as in this chapter provided shall be prepared by the administrator and become effective upon confirmation and approval thereof by the Secretary of Energy; and such rates and charges shall also be applicable to dispositions of electric energy to Federal agencies. Subject to confirmation and approval by the Secretary of Energy, such rate schedules may be modified from time to time by the administrator, and shall be fixed and established with a view to encouraging the widest possible diversified use of electric energy. The said rate schedules may provide for uniform rates or rates uniform throughout prescribed transmission areas in order to extend the benefits of an integrated transmission system and encourage the equitable distribution of the electric energy developed at the Bonneville project.

(Aug. 20, 1937, ch. 720, §6, 50 Stat. 735; Oct. 23, 1945, ch. 433, §3, 59 Stat. 546; Pub. L. 95–91, title III, §301(b), Aug. 4, 1977, 91 Stat. 578.)

#### **Editorial Notes**

#### Amendments

1945—Act Oct. 23, 1945, inserted "and such rates and charges shall also be applicable to dispositions of electric energy to Federal agencies" in first sentence.

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

#### Transfer of Functions

"Secretary of Energy" substituted in text for "Federal Power Commission" pursuant to Pub. L. 95–91, §301(b), which is classified to section 7151(b) of Title 42, The Public Health and Welfare.

Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Secretary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organizational entity within Department of Energy and headed by an Administrator.

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.

#### **Executive Documents**

#### Transfer of Functions

Executive and administrative functions of Federal Power Commission, with certain reservations, transferred to Chairman of such Commission, with authority vested in him to authorize their performance by any officer, employee, or administrative unit under his jurisdiction, by Reorg. Plan No. 9 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under section 792 of this title.
§ 660.32 What additional selection criteria does the Secretary use for an application for a research project, a survey, or a study? In addition to the criteria referred to in § 660.31, the Secretary evaluates an application for a research project, study, or survey on the basis of the criteria in this section. ( a ) *Need for the project.* The Secretary reviews each application for information that shows— ( 1 ) A need for the proposed project in the field of study on which the project focuses; and
( 2 ) That the proposed project will provide information about the present and future needs of the United States for study in foreign language and other international fields.
( b ) *Usefulness of expected results.* The Secretary reviews each application for information that shows the extent to which the results of the proposed project are likely to be used by other research projects or programs with similar objectives.
( c ) *Development of new knowledge.* The Secretary reviews each application for information that shows that the extent to which the proposed project is likely to develop new knowledge that will contribute to the purposes of the International Education Program authorized by part A of title VI of the HEA.
( d ) *Formulation of problems and knowledge of related research.* The Secretary reviews each application for information that shows that problems, questions, or hypotheses to be dealt with by the applicant— ( 1 ) Are well formulated; and
( 2 ) Reflect adequate knowledge of related research.
( e ) *Specificity of statement of procedures.* The Secretary reviews each application for the specificity and completeness of the statement of procedures to be followed, including a discussion of such components as sampling techniques, controls, data to be gathered, and statistical and other analyses to be undertaken.
( f ) *Adequacy of methodology and scope of project.* The Secretary reviews each application for information that shows— ( 1 ) The adequacy of the proposed teaching, testing, and research methodology; and
( 2 ) The size, scope, and duration of the proposed project.
(Authority: 20 U.S.C. 1125)
[47 FR 14124, Apr. 1, 1982, as amended at 58 FR 32577, June 10, 1993; 70 FR 13376, Mar. 21, 2005]
#### The People of the State of New York ex rel. Rogers Peet Company, Appellant, against James J. Sexton et al., as Commissioners of Taxes and *772Assessments of the City of New York, Respondents. (Taxes for 1933, 1934, 1935, 1936, 1937, 1938 and 1939 [first half], 1939 [second half] and 1940 [first half], and 1940 [second half] and 1941 [first half].)

No opinion. Settle order on notice. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.
<PAGE>
                                                                   EXHIBIT 31.1

                                 CERTIFICATION

I, A. Roland Thomas, certify that:

1.  I have reviewed this quarterly report on Form 10-Q of Moldflow 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;

3. Based on my knowledge, the consolidated 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
registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officer(s) 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 registrant 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 registrant, 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. [Omitted pursuant to SEC Release Nos. 33-8238 and 34-47986];

    c. Evaluated the effectiveness of the registrant'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

    d. Disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

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

    a. All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

    b. Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date: February 10, 2004

                                       /s/ A. ROLAND THOMAS
                                       -----------------------------------------
                                       A. Roland Thomas
                                       President and Chief Executive Officer
9:15 a.m. – 9:30 a.m. Opening Remarks by Chair Mary Jo White

9:30 a.m. – 10:45 a.m. Panel 1. Asset Management Industry Pioneers

Moderator: Andrew J. Donohue, Chief of Staff

Panelists:

» John C. Bogle, Founder and Former Chairman, The Vanguard Group

» Don Phillips, Managing Director, Morningstar

» James S. Riepe, Senior Advisor and Retired Vice Chairman, T. Rowe Price Group, Inc.

10:45 a.m. – 11:00 a.m. Break

11:00 a.m. – 11:05 a.m. Panel Introduction by Commissioner Daniel M. Gallagher

11:05 a.m. – 12:15 p.m. Panel 2. The Arc of History (Former SEC Chairmen)

Moderator: Chair Mary Jo White

Panelists:

» The Hon. David S. Ruder (1987–1989) 

» The Hon. Richard C. Breeden (1989 –1993)

» The Hon. Harvey L. Pitt (2001–2003)

» The Hon. William H. Donaldson (2003 –2005)

» The Hon. Elisse B. Walter (2012 –2013)

12:15 p.m. – 1:15 p.m. Lunch Break

1:15 p.m. – 1:20 p.m. Panel Introduction by Commissioner Kara M. Stein

1:20 p.m. – 2:30 p.m. Panel 3. Diverse Perspectives on the Asset Management Industry 

Moderator: David W. Grim, Director, Division of Investment Management

Panelists:

» Jameson A. Baxter, Chair of the Board of Trustees of the Putnam Mutual Funds

» Matthew P. Fink, Independent Director, Oppenheimer Mutual Funds and author 

of The Rise of Mutual Funds: An Insider’s View

» Rick A. Fleming, SEC Investor Advocate

» Tamar Frankel, Professor of Law, Boston University School of Law

» Thomas P. Lemke, Independent Director; Former Executive Vice President, 

General Counsel, and Head of Governance, Legg Mason Inc.

2:30 p.m. – 2:45 p.m. Break

2:45 p.m. – 2:50 p.m. Panel Introduction by Commissioner Michael S. Piwowar

2:50 p.m. – 4:00 p.m. Panel 4. The Regulators’ View (Former Division Directors)

Moderator: David W. Grim, Director, Division of Investment Management

Panelists: 

» Allan S. Mostoff (1972 –1975) 

» Joel H. Goldberg (1981–1983) 

» Kathryn B. McGrath (1983 –1990)

» Marianne K. Smythe (1990 –1993)

» Barry Barbash (1993 –1998)

» Paul F. Roye (1998 –2005)

» Andrew J. Donohue (2006 –2010)

» Eileen Rominger (2011–2012)

» Norm Champ (2012 –2015)

4:00 p.m. – 4:15 p.m. Closing Remarks by Chief of Staff Andrew J. Donohue

SEPTEMBER 29, 2015
----

**Exhibit 32.2**

**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 annual report of Yayi International Inc. (the “Company”) on Form 10-K for the period ended October 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, TongLi, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 result of operations of the Company.

|                              /s/ Tong Li                                               Tong Li            ***Chief Financial Officer*
February 16, 2010****

A signed original of this written statement required by Section 906 has been provided to Yayi International Inc. and will be retained by Yayi International Inc. and furnished to the Securities and Exchange Commission or its staff upon request. 

The forgoing certification is being furnished to the Securities and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to beincorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing. |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Fourth Court of Appeals

San Antonio, Texas

November 17, 2016

No. 04-16-00532-CV

FRANKLIN ADVISERS, INC., on behalf of certain investment funds managed by it; Oz 

Management LP, on behalf of certain investment funds managed by it, Oz Management II LP, on 

behalf of certain investment funds managed by it; and Benefit Street Partners, LLC,

Appellants

v.

IHEARTCOMMUNICATIONS INC., f/k/a Clear Channel Communication, Inc.,

Appellee

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2016-CI-04006

Honorable Cathleen M. Stryker, Judge Presiding

O R D E R

Appellants' unopposed verified motion in support of Thomas F. Cullen, Jr.'s motion to 

appear pro hac vice is hereby GRANTED.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 17th day of November, 2016.

___________________________________

Keith E. Hottle

Clerk of Court
Exhibit 23.2
                                                                    ------------
            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We  consent  to  the  incorporation  by  reference  in  Registration  Statements
333-71476  and  333-95327 on Forms S-8 of our report  relating to the  financial
statements and financial  statement  schedule of Herley  Industries,  Inc. dated
October  14,  2004,  appearing  in this  Annual  Report  on Form  10-K of Herley
Industries, Inc. for the year ended July 31, 2005.

/s/ DELOITTE & TOUCHE LLP

Baltimore, Maryland
October 28, 2005
### §153. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762, eff. June 18, 1930

Section, act Sept. 21, 1922, ch. 356, title III, §314, 42 Stat. 941, related to duty on articles reimported after exportation free of internal-revenue taxes.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 624

 620

 609

 621

 628

 619

 617

 618

 614

 591

 590

 595

 590

 577

 587

 601

 615

 616

 608

 602

 603

 599

 596

 592

 588

 583

 577

 574

 575

 570

 564

 466

 462

 440

 448

 462

 439

 436

 459

 442

 424

 427

 417

 409

 393

 390

 418

 460

 484

 496

 527

 535

 560

 555

 554

 552

 549

 547

 547

 560

 554

 551

 578

 550

 531

 555

 570

 546

 538

 558

 545

 512

 516

 527

 525

 517

 515

 531

 558

 575

 577

 581

 585

 587

 582

 578

 575

 569

 568

 565

 567

 565

 560

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

AUGUST 2021 WATER QUALITY REPORT RUN DATE:January 27, 2022

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 373

 356

 344

 359

 368

 353

 348

 361

 353

 332

 335

 342

 340

 336

 334

 344

 361

 371

 373

 375

 378

 379

 376

 373

 371

 368

 367

 365

 366

 365

 362

TOTAL 17,206

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT HEADWORKS
Exhibit 99.1

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 Annual Report of VitalStream Holdings, Inc. (the "Company") on Form 10-k for the year ended December 31,
2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Paul S. Summers, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

|/s/ Paul S. SummersPaul S. Summers
President and Chief Executive Officer
March 28, 2003 |  |  |  | 
|--------------------------------------------------------------------------------------- |  |  |  | 

[A
signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.]

---

QuickLinks
§ 81.38 Consideration of an application for review. ( a ) The ALJ assigned to the case under § 81.4 considers an application for review of a disallowance decision.
( b ) The ALJ decides whether the notice of a disallowance decision meets the requirements of § 81.34, as provided by section 451(e) of GEPA. ( 1 ) If the notice does not meet those requirements, the ALJ— ( i ) Returns the notice, as expeditiously as possible, to the authorized Departmental official who made the disallowance decision;
( ii ) Gives the official the reasons why the notice does not meet the requirements of § 81.34; and
( iii ) Informs the recipient of the ALJ's decision by certified mail, return receipt requested.
( 2 ) An authorized Departmental official may modify and reissue a notice that an ALJ returns.
( c ) If the notice of a disallowance decision meets the requirements of § 81.34, the ALJ decides whether the application for review meets the requirements of § 81.37. ( 1 ) If the application, including any supplements or amendments under § 81.37(d), does not meet those requirements, the disallowance decision becomes the final decision of the Department.
( 2 ) If the application meets those requirements, the ALJ— ( i ) Informs the recipient and the authorized Departmental official that the OALJ has accepted jurisdiction of the case; and
( ii ) Schedules a hearing on the record.
( 3 ) The ALJ informs the recipient of the disposition of its application for review by certified mail, return receipt requested. If the ALJ decides that the application does not meet the requirements of § 81.37, the ALJ informs the recipient of the reasons for the decision.
(Authority: 20 U.S.C. 1221e-3, 1234 (e) and (f)(1), 1234a(b), and 3474(a))
[54 FR 19512, May 5, 1989. Redesignated and amended at 58 FR 43473, Aug. 16, 1993]
#### Charles Furthmann, Appellant, v. Gertrude Furthmann, Respondent.

Order affirmed. No opinion. Present — Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 383

 367

 330

 364

 351

 340

 333

 337

 345

 364

 370

 375

 411

 460

 445

 400

 392

 359

 361

 400

 402

 414

 431

 425

 423

 399

 376

 368

 426

 402

 353

 295

 295

 293

 291

 304

 312

 322

 317

 322

 326

 306

 306

 302

 301

 296

 305

 298

 287

 282

 341

 353

 369

 379

 331

 335

 312

 295

 308

 309

 370

 338

 308

 331

 328

 328

 328

 328

 328

 337

 341

 323

 341

 352

 338

 323

 332

 314

 306

 316

 363

 372

 390

 396

 376

 363

 340

 320

 336

 332

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JUNE 2018 WATER QUALITY REPORT RUN DATE: July 16, 2018

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 245

 225

 206

 221

 219

 219

 219

 219

 219

 224

 227

 216

 227

 234

 225

 216

 221

 210

 205

 211

 240

 246

 257

 261

 248

 240

 226

 214

 224

 221

TOTAL 10,198

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT CHECK 20
CENTRAL VALLEY OPERATIONS OFFICE

DELTA SMELT AND SPLITTAIL

August-11

Note: Shaded area not verified with DFG data Preliminary Data - Subject to Change

Delta Smelt Splittail Longfin Pumping

Daily Total Daily Total

Daily Combined Daily Combined Daily In CFS In Acre Feet

DATE Total Daily 14-Day Total Daily 14-Day Total

SWP Larval Yor N CVP Larval Yor N Total Average SWP CVP Total Average SWP Larval Yor N CVP Larval Yor N

1-Aug-11 0 0 0 0 682 458 1,140 2,363 0 0 7,099 4,185 11,284 14,081 8,300 2

2-Aug-11 0 0 0 0 556 519 1,075 2,238 0 0 7,400 4,168 11,568 14,678 8,267 2

3-Aug-11 0 0 0 0 351 265 616 2,039 0 0 7,349 4,170 11,519 14,576 8,271 2

4-Aug-11 0 0 0 0 1,816 287 2,103 1,953 0 0 7,460 4,146 11,606 14,797 8,223 2

5-Aug-11 0 0 0 0 1,765 224 1,989 1,918 0 0 7,611 4,159 11,770 15,097 8,249 2

6-Aug-11 0 0 0 0 875 207 1,082 1,807 0 0 6,995 4,175 11,170 13,874 8,281 2

7-Aug-11 0 0 0 0 138 216 354 1,688 0 0 7,093 4,087 11,180 14,069 8,106 2

8-Aug-11 0 0 0 0 172 158 330 1,390 0 0 7,441 4,098 11,539 14,759 8,128 2

9-Aug-11 0 0 0 0 228 188 416 1,180 0 0 7,068 4,004 11,072 14,019 7,942 2

10-Aug-11 0 0 0 0 422 192 614 999 0 0 7,068 4,206 11,274 14,019 8,342 2

11-Aug-11 0 0 0 0 1,068 104 1,172 1,031 0 0 7,066 4,197 11,263 14,016 8,324 2

12-Aug-11 0 0 0 0 1,852 68 1,920 1,079 0 0 7,066 4,183 11,249 14,016 8,296 2

13-Aug-11 0 0 0 0 1,088 114 1,202 1,073 0 0 7,066 4,177 11,243 14,016 8,285 2

14-Aug-11 0 0 0 0 532 92 624 1,046 0 0 7,067 4,163 11,231 14,018 8,258 2

15-Aug-11 0 0 0 0 220 54 274 984 0 0 7,066 3,849 10,915 14,015 7,634 2

16-Aug-11 0 0 0 0 207 135 342 931 0 0 7,084 4,179 11,263 14,051 8,289 2

17-Aug-11 0 0 0 0 256 189 445 919 0 0 7,095 4,178 11,273 14,072 8,288 2

18-Aug-11 0 0 0 0 248 115 363 795 0 0 7,092 4,187 11,279 14,067 8,304 2

19-Aug-11 0 0 0 0 138 103 241 670 0 0 7,060 4,189 11,249 14,003 8,309 2

20-Aug-11 0 0 0 0 62 104 166 605 0 0 7,038 4,215 11,253 13,960 8,361 2

21-Aug-11 0 0 0 0 72 96 168 591 0 0 7,059 4,181 11,240 14,002 8,293 2

22-Aug-11 0 0 0 0 788 106 894 632 0 0 7,066 4,188 11,254 14,016 8,306 2

23-Aug-11 0 0 0 0 555 44 599 645 0 0 7,346 4,175 11,521 14,570 8,282 2

24-Aug-11 0 0 0 0 602 35 637 646 0 0 7,235 4,180 11,416 14,351 8,292 2

25-Aug-11 0 0 0 0 42 64 106 570 0 0 7,086 4,185 11,271 14,056 8,301 2

26 Aug 11 0 0 0 0 32 81 113 441 0 0 7 071 4 181 11 252 14 025 8 294 2

Banks Tracy Combined Banks

Tracy Comb

26-Aug-11 0 0 0 0 32 81 113 441 0 0 7,071 4,181 11,252 14,025 8,294 227-Aug-11 0 0 0 0 26 68 94 362 0 0 7,066 4,177 11,243 14,016 8,285 2

28-Aug-11 0 0 0 0 60 58 118 326 0 0 7,066 4,167 11,233 14,016 8,265 229-Aug-11 0 0 0 0 36 63 99 313 0 0 7,066 4,169 11,235 14,016 8,269 2

30-Aug-11 0 0 0 0 136 31 167 301 0 0 7,066 4,167 11,234 14,016 8,266 2

31-Aug-11 0 0 0 0 50 56 106 277 0 0 7,087 4,169 11,257 14,058 8,270 2

Total 0 0 0 XXXX 15,075 4,494 19,569 XXXX 0 0 221,500 128,853 350,353 439,345 255,580 69

Official data is posted on DFG's webpage.
#### BUTTE COUNTY, Respondent, v. BARNETT, et al, Appellants.

(266 N. W. 134.)

(File No. 7687.

Opinion filed March 21, 1936.)

*Chambers Kettar,*of Lead, and *Dan McCutcheon, L. M. Simons,*and *I. M. Armstrong,*all of Belle Eourche, for Appellants.

*Hayes & Hayes,*of Deadwood, and *R. A. Smiley,*State’s Atty. of Belle Eourche, for Respondent.

PER OURIAM.

On the authority of Butte 'County v. Lovinger, 266 N. W. 127, handed down by this court on this day, the judgment and order appealed! from herein are reversed.

All the Judges concur, except POLLEY, P. J., not sitting.