alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 147.640 Employee. ( a ) *Employee* means the employee of a recipient directly engaged in the performance of work under the award, including— ( 1 ) All direct charge employees;
( 2 ) All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and
( 3 ) Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll.
( b ) This definition does not include workers not on the payroll of the recipient (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of subrecipients or subcontractors in covered workplaces).
### §1323. Plan fiduciaries

Notwithstanding any other provision of this chapter, a fiduciary of a plan to which section 1321 of this title applies is not in violation of the fiduciary's duties as a result of any act or of any withholding of action required by this subchapter.

(Pub. L. 93–406, title IV, §4023, as added Pub. L. 96–364, title IV, §402(a)(5), Sept. 26, 1980, 94 Stat. 1298.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 93–406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of the title and Tables.

#### Prior Provisions

A prior section 1323, Pub. L. 93–406, title IV, §4023, Sept. 2, 1974, 88 Stat. 1019, related to contingent liability coverage, prior to repeal by Pub. L. 96–364, title I, §107, Sept. 26, 1980, 94 Stat. 1267.

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

#### Effective Date

Section effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.
§ 404.3 What is the Reclamation Rural Water Supply Program? This program addresses domestic, municipal, and industrial water supply needs in rural areas of the Reclamation States. Reclamation's experience, technical expertise, and financial resources assist rural communities to identify their water supply problems and needs, and evaluate options for addressing those needs. Using a regional or watershed perspective, Reclamation assists in planning projects that maximize regional and national benefits. Through this program, Reclamation works in cooperation with non-Federal project sponsors in Reclamation States on a cost-share basis to: ( a ) Investigate and identify opportunities to ensure safe and adequate rural water supplies for domestic, municipal, and industrial use in rural areas and small communities, including Indian tribes;
( b ) Plan the design and construction of rural water supply projects through the conduct of appraisal investigations and feasibility studies; and
( c ) Oversee, as appropriate, the construction of rural water supply projects that the Secretary recommends to Congress, which are subsequently authorized and funded for construction by Congress.
Exhibit 23.1 CONSENT OF INDEPENDENT AUDITORS — ERNST & YOUNG LLP
We consent to the incorporation by reference in the combined shelf RegistrationStatement (Form S-3, No. 333-62172) of Emmis Communications Corporation andEmmis Operating Company of our report dated April 14, 2004 (except Note 15, asto which the date is May 10, 2004), with respect to the consolidated financialstatements of Emmis Communications Corporation and to the consolidatedfinancial statements of Emmis Operating Company included in this Annual Report(Form 10-K) for the year ended February 29, 2004.
We also consent to the incorporation by reference in the RegistrationStatements (Form S-8), pertaining to the Emmis Communications Corporation 1994Equity Incentive Plan (No. 33-83890); the Emmis Communications Corporation 1995Equity Incentive Plan and the Non-Employee Director Stock Option Plan (No.333-14657); the Emmis Communications Corporation 1997 Equity Incentive Plan,the 1999 Equity Incentive Plan and the Employee Stock Purchase Agreement (No.333-42878); the Emmis Communications Corporation 2001 Equity Incentive Plan(No. 333-71904); the Emmis Communications Corporation 2002 Equity CompensationPlan (No. 333-92318); and the Emmis Operating Company 401(k) Plan and EmmisOperating Company 401(k) Plan Two (No. 333-105724) of our report dated April14, 2004 (except Note 15, as to which the date is May 10, 2004), with respectto the consolidated financial statements of Emmis Communications Corporationand to the consolidated financial statements of Emmis Operating Companyincluded in this Annual Report (Form 10-K) for the year ended February 29,2004.
/s/ ERNST & YOUNG LLP
Indianapolis, Indiana
**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 Quarterly Report of PLM Equipment Growth & Income Fund
      VII (the “Partnership”), on Form 10-QSB for the period ended March 31, 2006 as
      filed with the Securities and Exchange Commission on the date hereof (the
“Report”), the undersigned, the Chief Financial Officer of the General Partner
      and of the Partnership, hereby certifies pursuant to 18 U.S.C. §1350 as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:





(1)  the
      Report of the Partnership filed today 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
      Partnership.











/s/
      Richard K Brock


Richard
      K
      Brock


Chief
      Financial Officer of PLM Financial Services, Inc.


(Principal
      Financial Officer)


May
      11,
      2006
<PAGE>
                                                         EXHIBIT 11

                         WILLBROS GROUP, INC.
     COMPUTATION OF INCOME PER COMMON AND COMMON EQUIVALENT SHARE
          (In thousands, except share and per share amounts)
                             (Unaudited)
                                 
<TABLE>
<CAPTION>
                                 
                             Three Months Ended         Six Months Ended
                                  June 30,                  June 30,
                           -----------------------   ----------------------
                              1997         1996         1997         1996
                           ----------   ----------   ----------   ---------

PRIMARY

<S>                        <C>          <C>          <C>          <C>
Net income                 $    3,025   $    1,386   $    5,479   $    3,430
Preferred dividends                 -         (724)           -       (1,448)
                           ----------   ----------   ----------   ----------

Net income applicable to
 common shares             $    3,025   $      662   $    5,479   $    1,982
                           ==========   ==========   ==========   ==========


Weighted average number
 of common and common
 equivalent shares
 outstanding               14,389,572   13,717,080   14,387,776   13,732,040

Adjustment to reflect
 common shares issued
 during the twelve
 months prior to the
 initial public offer-
 ing, as outstanding
 for all periods
 presented using the
 "treasury stock"
  method                            -      136,354            -      258,281
                           ----------   ----------   ----------   ----------

Weighted average number
 of common and common
 equivalent shares out-
 standing                  14,389,572   13,853,434   14,387,776   13,990,321
                           ==========   ==========   ==========   ==========


Income per common and
 common equivalent
 share:

Net income                 $      .21   $      .10   $      .38   $      .24
                           ==========   ==========   ==========   ==========

Net income applicable
 to common shares          $      .21   $      .05   $      .38   $      .14
                           ==========   ==========   ==========   ==========

</TABLE>
There is no significant difference between primary and fully diluted
income per share.
§ 295.12 Election of remedies. ( a ) By filing a Notice of Loss, an Injured Person waives the right to seek redress for Cerro Grande Fire related claims against the United States through the Federal Tort Claims Act or by filing a civil action authorized by any other provision of law.
( b ) An Injured Person who files a Federal Tort Claims Act claim or who initiates a civil action against the United States or any officer, employee or agent of the United States relating to the Cerro Grande Fire on or after August 28, 2000 is not eligible under the CGFAA to file a Notice of Loss.
( c ) An Injured Person who filed before August 28, 2000 a Federal Tort Claims Act claim or a civil action against the United States for injuries, losses or damages relating to the Cerro Grande Fire may file a Notice of Loss provided that the Federal Tort Claims Act claim is withdrawn or the Injured Person is dismissed as a party to the civil action with prejudice not later than October 27, 2000. The withdrawal of a Federal Tort Claims Act claim must be in the form of a signed, written statement on a form provided by OCGFC that is filed with OCGFC not later than October 27, 2000. OCGFC will promptly forward the original notice of withdrawal to the applicable federal agency and retain a copy in the Claimant's file.
PD-1067-15

FILED IN COURT OF CRIMINAL APPEALS

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 9/9/2015 10:26:50 AM

«*—*»« no. —^=ABEL ACOSTA

CLERK

ABEL ACOSTA, CLERK „ —~Jy IN THE Ch/ <Nfr

COURT OF CRIMINAL APPEALS OF TEXAS * ^

EX PARTE JAMES RICHARD "RICK" PERRY,

Appellant

On Appeal From The 390th Judicial District Court,

Travis County, Texas, Cause No. D-l-DC-14-100139

APPELLANT'S MOTION FOR LEAVE TO FILE OVERSIZED

SUPPLEMENT TO HIS PETITION FOR DISCRETIONARY REVIEW

TO THE COURT OF CRIMINAL APPEALS OF TEXAS:

COMES NOW Appellant, James Richard "Rick" Perry (Governor Perry), and

pursuant to Tex.R.App.P. 9(i)(4), presents this Motion for Leave to File Oversized

Supplement to His Petition for Discretionary Review, and would respectfully show

this Honorable Court the following:

I.

Governor Perry filed his petition for discretionary review on August 18,2015.

As reflected by the certificate of compliance, that document complied with the word

limitations contained in Rule 9.4(i)(2)(D).

Because the State Prosecuting Attorney filed her petition for discretionary

review on August 28, 2015, Governor Perry needs to present four supplemental but
^T

contingent grounds for review, as explained in his Motion for Leave to File

Supplement to Petition for Discretionary Review, filed this date. They are reflected

in his Motion for Leave to File Supplement to Petition for Discretionary Review.

However, when the words subject to Rule 9.4(i)(l) from the supplement are included

with the words subject to Rule 9.4(i)(l) from the original petition, the total words

exceed the 4,500 limit by 883. Accordingly, leave to file an oversized supplement to

his petition is respectfully requested.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Governor Perry respectfully prays

that this Court grant leave to file his supplement to petition for discretionary review

in its current form, realizing that it exceeds the total word limit by 883 words.

Respectfully submitted,

THE BUZBEE LAW FIRM

Is/Anthony G. Buzbee

Anthony G. Buzbee

State Bar No. 24001820

JPMorgan Chase Tower

600 Travis Street, Suite 7300

Houston, Texas 77002

Tbuzbee@txattorneys.com

Telephone: 713-223-5393

Facsimile: 713-223-5909

BAKER BOTTS L.L.P.

/$/ Thomas R. Phillips

Thomas R. Phillips

State Bar No. 00000102

San Jacinto Center

98 San Jacinto Blvd., Suite 1500

Austin, Texas 78701-4078

tom.phillips@bakerbotts.com

Telephone: 512-322-2565

Facsimile: 512-322-8363
BOTSFORD & ROARK

Is/David L. Botsford

David L. Botsford

State Bar No. 02687950

1307 West Ave.

Austin, Texas 78701

dbotsford@aol.com

Telephone: 512-479-8030

Facsimile: 512-479-8040

CERTIFICATE OF SERVICE

This is to certify that a true and complete copy of this document has been

emailed to Michael McCrum at michael@McCrumlaw.com, to David Gonzalez at

david@sg-llp.com and to Lisa McMinn, State Prosecuting Attorney at

lisa.mcminn@spa.texas.gov on the same date it was electronically filed with the Clerk

ofthe Court ofCriminal Appeals.

/s/David L. Botsford

David L. Botsford
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

 CASE NO.: 20-CV-81205-RAR 

SECURITIES AND EXCHANGE COMMISSION, 

 Plaintiff, 

v. 

COMPLETE BUSINESS SOLUTIONS GROUP, 

 INC. d/b/a/ PAR FUNDING, et al., 

 Defendants. 

____________________________________________/ 

JOINT STATUS REPORT REGARDING SETTLEMENT NEGOTIATIONS 

On September 14, 2022, the Court conducted a hearing on Plaintiff’s Omnibus Motion for 

Final Judgment Against Defendants Furman, Barleta, LaForte and McElhone (the "Omnibus 

Motion"). At the conclusion of that hearing, the Court advised the parties that it would reserve 

ruling on the Omnibus Motion to provide them with additional time to discuss potential 

settlements, and that the parties should file a Joint Status Report with an update on their settlement 

negotiations on or before September 23, 2022. See also Paperless Order, ECF No. 1414). 

Since the September 14 hearing, counsel for the parties have engaged in earnest settlement 

discussions, involving numerous settlement conferences conducted virtually and by phone. The 

parties were not able to reach a settlement. Mr. Zachary Hyman, on behalf of Defendant Michael 

Furman, and Andre Raikhelson, on behalf of Cole, agree to this filing. 

 September 23, 2022 Respectfully submitted, 

 By: s/Amie Riggle Berlin_________ 

 Amie Riggle Berlin, Esq. 

Senior Trial Counsel 

Florida Bar No. 630020 

Direct Dial: (305) 982-6322 

Direct email: berlina@sec.gov 

Attorney for Plaintiff 

 SECURITIES AND EXCHANGE COMMISSION 

 801 Brickell Avenue, Suite 1950 

 Miami, Florida 33131 

Case 9:20-cv-81205-RAR Document 1417 Entered on FLSD Docket 09/23/2022 Page 1 of 2
 Telephone: (305) 982-6300 

 Facsimile: (305) 536-4154 

KOPELOWITZ OSTROW 

FERGUSON WEISELBERG GILBERT 

Attorneys for Joseph W. LaForte 

One W. Las Olas Blvd., Suite 500 

Fort Lauderdale, Florida 33301 

Tel: (954) 525-4100 

By: /s/ David L. Ferguson 

DAVID L. FERGUSON 

Florida Bar Number: 0981737 

Ferguson@kolawyers.com 

JOSHUA R. LEVINE 

Florida Bar Number: 91807 

Levine@kolawyers.com 

LAW OFFICES OF ALAN S. FUTERFAS 

565 Fifth Avenue, 7th Floor 

New York, New York 10017 

Telephone: 212-684-8400 

asfuterfas@futerfaslaw.com 

Attorneys for Lisa McElhone 

By: /s/ Alan S. Futerfas 

 ALAN S. FUTERFAS 

 Admitted Pro Hac Vice 

KAPLAN ZEENA LLP 

Attorneys for Defendant Lisa McElhone 

2 South Biscayne Boulevard, Suite 3050 

Miami, Florida 33131 

Telephone: (305) 530-0800 

Facsimile: (305) 530-0801 

 

By: /s/ James M. Kaplan 

JAMES M. KAPLAN 

Florida Bar No.: 921040 

james.kaplan@kaplanzeena.com 

elizabeth.salom@kaplanzeena.com 

service@kaplanzeena.com 

NOAH E. SNYDER 

Florida Bar No.: 107415 

noah.snyder@kaplanzeena.com 

maria.escobales@kaplanzeena.com 

julie.valdes@kaplanzeena.com 

Case 9:20-cv-81205-RAR Document 1417 Entered on FLSD Docket 09/23/2022 Page 2 of 2
§ 323.4 Priority activities in immediate postattack period. The following activities are to be accorded priority over all other claims for resources. There is no significance in the order of the listing—all are important. The order in which and the extent to which they are supported locally may vary with local conditions and circumstances. If local conditions necessitate the establishment of an order of priority among these activities, that order shall be based on determinations of relative urgency among the activities listed, the availability of resources for achieving the actions required, and the feasibility and timeliness of the activities in making the most rapid and effective contribution to national survival. ( a ) The immediate defense and retaliatory combat operations of the Armed Forces of the United States and its Allies: This includes support of military personnel and the production and distribution of military and atomic weapons, materials and equipment required to carry out these immediate defense and retaliatory combat operations.
( b ) Maintenance or reestablishment of Government authority and control to restore and preserve order and to assure direction of emergency operations essential for the safety and protection of the people. This includes: ( 1 ) Police protection and movement direction;
( 2 ) Fire defense, rescue and debris clearance;
( 3 ) Warnings;
( 4 ) Emergency information and instructions;
( 5 ) Radiological detection, monitoring and decontamination.
( c ) Production and distribution of survival items and provision of services essential to continued survival and rapid recovery. (For list of survival items, see appendix 1 to this part.) These include: ( 1 ) Expedient shelter;
( 2 ) Food, including necessary processing and storage;
( 3 ) Feeding, clothing, lodging, and other welfare services;
( 4 ) Emergency housing and community services;
( 5 ) Emergency health services, including medical care, public health and sanitation;
( 6 ) Water, fuel, and power supply;
( 7 ) Emergency repair and restoration of damaged vital facilities.
( d ) Essential communications and transportation services needed to carry out the above activities.
( e ) Provision of supplies, equipment, and repair parts to produce and distribute goods needed for the above activities.
#### § 303.5 Eligible administrative expenses.

In accordance with applicable Federal cost principles, Planning Investments may be used to pay the direct and indirect costs incurred by a Planning Organization in the development, implementation, revision or replacement of a CEDS and for related short-term planning activities.
#### Town of Mount Pleasant, Respondent, v. United Aero Club, Inc., et al., Appellants, et al., Defendants.

Motion for reargument denied, with $10 costs. Motion for leave to appeal to the Court of Appeals denied. Present — Lewis, P. J., Carswell, Johnston, Adel, and Wenzel, JJ. [See 272 App. Div. 1019.]
iy
Boise

lana
#### § 302.18 Post-approval requirements.

A Recipient must comply with all financial, performance, progress report, and other requirements set forth in the terms and conditions of the Investment Assistance, including any special award conditions and applicable Federal cost principles (collectively, “*Post-Approval Requirements”*). A Recipient's failure to comply with Post-Approval Requirements may result in the disallowance of costs, termination of the Investment Assistance award, or other adverse consequences to the Recipient.

[79 FR 76129, Dec. 19, 2014]
#### § 400.1 Purpose.

This part is issued by the Emergency Steel Guarantee Loan Board pursuant to section 552 of title 5 of the United States Code and the Emergency Steel Loan Guarantee Act of 1999, Chapter 1 of Public Law 106-51, 113 Stat. 252, as amended by section 734 of Public Law 106-102, 113 Stat. 1338, the Gramm-Leach-Bliley Financial Modernization Act (1999).

[65 FR 70293, Nov. 22, 2000]
Editorial Note on Part 134
Editorial Note: Nomenclature changes to part 134 appear at 72 FR 50042, Aug. 30, 2007.

§ 134.1104 Commencement of VOSB or SDVOSB Appeal. ( a ) A concern whose application for VOSB or SDVOSB certification has been denied or whose status has been decertified must file its appeal within 10 business days of receipt of the denial or decertification.
( b ) The rule for counting days is in § 134.202(d).
( c ) OHA will dismiss an untimely appeal.
### §3181. Authorization of appropriations

#### (a) Youth workforce investment activities

There are authorized to be appropriated to carry out the activities described in section 3162(a) of this title, $820,430,000 for fiscal year 2015, $883,800,000 for fiscal year 2016, $902,139,000 for fiscal year 2017, $922,148,000 for fiscal year 2018, $943,828,000 for fiscal year 2019, and $963,837,000 for fiscal year 2020.

#### (b) Adult employment and training activities

There are authorized to be appropriated to carry out the activities described in section 3172(a)(1) of this title, $766,080,000 for fiscal year 2015, $825,252,000 for fiscal year 2016, $842,376,000 for fiscal year 2017, $861,060,000 for fiscal year 2018, $881,303,000 for fiscal year 2019, and $899,987,000 for fiscal year 2020.

#### (c) Dislocated worker employment and training activities

There are authorized to be appropriated to carry out the activities described in section 3172(a)(2) of this title, $1,222,457,000 for fiscal year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for fiscal year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal year 2019, and $1,436,137,000 for fiscal year 2020.

(Pub. L. 113–128, title I, §136, July 22, 2014, 128 Stat. 1537.)

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

#### Effective Date

Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.
#### §§ 16.104-16.109 [Reserved]
#### Syracuse Housing Authority, Respondent, v. Mary Colgiovanni, Appellant.

Final order affirmed, without costs of this appeal to either party. All concur, except Harris and Larkin, JJ., who dissent and vote for reversal and for dismissal of the proceeding in the following memorandum: The Federal regulations apply to this property and the ground on which the attempt is made to revoke the lease and remove the tenant is not a ground recognized by those regulations. (The final order affirms a judgment of Syracuse Municipal Court which granted a warrant of eviction.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ. [191 Misc. 728.] [274 App. Div. 851.]
### §1812. Issuance of certificate of registration

The Secretary, after appropriate investigation and approval, shall issue a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) to any person who has filed with the Secretary a written application containing the following:

(1) a declaration, subscribed and sworn to by the applicant, stating the applicant's permanent place of residence, the farm labor contracting activities for which the certificate is requested, and such other relevant information as the Secretary may require;

(2) a statement identifying each vehicle to be used to transport any migrant or seasonal agricultural worker and, if the vehicle is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with the requirements of section 1841 of this title with respect to each such vehicle;

(3) a statement identifying each facility or real property to be used to house any migrant agricultural worker and, if the facility or real property is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with section 1823 of this title with respect to each such facility or real property;

(4) a set of fingerprints of the applicant; and

(5) a declaration, subscribed and sworn to by the applicant, consenting to the designation by a court of the Secretary as an agent available to accept service of summons in any action against the applicant, if the applicant has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service.

(Pub. L. 97–470, title I, §102, Jan. 14, 1983, 96 Stat. 2587.)

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

#### Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.