alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 3798

#### Thomas N. Skinner, Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed November 9, 1943.*

Mark 0. Roberts, for claimant.

George F. Barrett, Attorney General; Robert V. Ostrom, Assistant Attorney General, for respondent.

*93FlSHEB, J.

This claim was filed May *17,*1943.

Claimant alleges that he was employed by the State of Illinois as custodian at Camp Lincoln, Springfield, Illinois, from July 1, 1939, to October, 1940. That he was entitled to receive as compensation for such services the sum of $150.00 per month in accordance with an appropriation for said office by virtue of House Bill No. 254 approved July 1, 1939. Claimant further alleges that he received only the sum of $125.00 per month which payment was protested and that claimant made demand upon the respondent for additional payment but received no payment on account of such claim. Claimant seeks an award in- the sum of $400.00 being the difference between the amount appropriated for this position and the amount received by claimant.

The record consists of the complaint, motion to dismiss by respondent and statement, brief and argument on behalf of claimant and respondent.

Respondent contends that the claim should be dismissed for the reason that if claimant was legally entitled to recover he had a remedy in the courts of general jurisdiction.

Claimant had a right to receive the full sum appropriated for the position which he held. Adequate remedies existed in courts of general jurisdiction for the enforcement of this right. Claimant chose to remain in the position, accept and cash the vouchers issued to him and took no action for the enforcement of his rights.

*94We have consistently held that the Court of Claims does not have jurisdiction to entertain a claim where a full remedy exists or existed in a court of general juris- , diction. The Court of Claims was created to provide a remedy to persons where no other adequate remedy existed. Claimant having failed to pursue his proper remedy he cannot now maintain his claim here. The motion of the Attorney General to dismiss this claim must he allowed.

• Having concluded that we are without jurisdiction in this claim it becomes unnecessary to discuss other points raised by respective counsel.

The motion to dismiss is allowed and the claim dismissed.
<PAGE>

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in Registration Statements (Forms
S-8 Nos. 333-69713 and 333-69715) of Delco Remy International, Inc. pertaining
to the Delco Remy America Personal Savings Plan for Hourly-Rate Employees in the
United States and the Delco Remy International 401(k) Retirement and Savings
Plan of our report dated February 22, 2001 (except for Notes 1, 2, 8 and 18,
as to which the date is March 15, 2001) with respect to the consolidated
financial statements of Delco Remy International, Inc. included in this
Transition Report (Form 10-K) for the five months ended December 31, 2000.


                                          /s/ Ernst & Young LLP


Indianapolis, Indiana
March 28, 2001
<PAGE>


                                                                    EXHIBIT 32.1

           CERTIFICATION PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b)
       OF THE SECURITIES EXCHANGE ACT OF 1934 AND 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 on Form 10-K of Penwest
Pharmaceuticals Co. (the "Company") for the year ended December 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, Tod R. Hamachek, Chief Executive Officer of the
Company hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

     (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

     (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated: March 9, 2004           /s/ Tod R. Hamachek
                               ----------------------------------------
                               Tod R. Hamachek
                               Chairman of the Board and Chief Executive Officer
                               (Principal Executive Officer)
FORM OF 302 CERTIFICATION

                                 EXHIBIT 31

                               CERTIFICATIONS

I, Helen M. Dickens, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Fund America
Investors Corporation II;

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

a) designed such disclosure controls and procedures 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 quarterly report is being prepared;

b) 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

c) 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 (the registrant's fourth fiscal quarter in the case of an annual
report) 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 officers 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 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 controls, 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:    November 7, 2005                     /s/ Helen M. Dickens
                                             ---------------------------
                                             Helen M. Dickens
                                             President/(Principal
                                             Financial Officer)
-79 -78 -77 -76 -75
38 39 40 

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### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 06 Aug 06

EDAS Meteorological DataSource★at 38.92 N 77.01 WMeters AGL
### §5591. Media support services

#### (a) Support services for presidential nominating conventions

The responsibilities of positions under the House Press Gallery, the House Periodical Press Gallery, and the House Radio and Television Correspondents' Gallery shall include providing media support services with respect to the presidential nominating conventions of the national committees of political parties.

#### (b) Agreements with national committees

The Standing Committee of Correspondents may enter into agreements with national committees of political parties under which the committees and persons authorized by the committees may reimburse employees for necessary expenses incurred in carrying out the responsibilities described in subsection (a) and employees may accept such reimbursement.

#### (c) Terms and conditions

The terms and conditions under which employees exercise responsibilities under subsection (a), and the terms and conditions of any agreement entered into under subsection (b), shall be subject to the approval of the Chief Administrative Officer of the House of Representatives.

#### (d) Definition

In this section, the terms "national committee" and "political party" have the meaning given such terms in section 30101 of title 52.

(Pub. L. 109–289, div. B, title II, §20702(b), as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 38.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 130l of this title prior to editorial reclassification and renumbering as this section.

Section is from the Continuing Appropriations Resolution, 2007, which is div. B of Pub. L. 109–289, and is based on section 107 of title I of H.R. 5521, as passed by the House of Representatives on June 7, 2006, which was enacted into law by section 20702(b) of Pub. L. 109–289, as added by Pub. L. 110–5.
#### § 1208.3 Application of 5 CFR part 1201.

Except as expressly provided in this part, the Board will apply subparts A (Jurisdiction and Definitions), B (Procedures for Appellate Cases), C (Petitions for Review of Initial Decisions), and F (Enforcement of Final Decisions and Orders) of 5 CFR part 1201 to appeals governed by this part. The Board will apply the provisions of subpart H (Attorney Fees (Plus Costs, Expert Witness Fees, and Litigation Expenses, Where Applicable) and Damages (Consequential, Liquidated, and Compensatory)) of 5 CFR part 1201 regarding awards of attorney fees and liquidated damages to appeals governed by this part.

[77 FR 62373, Oct. 12, 2012]
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.412 Importer obligations. ( a ) *General.* An importer who makes a declaration under § 10.410(a) of this subpart is responsible for the truthfulness of the declaration and of all the information and data contained in the certification or other information submitted to CBP under § 10.411(a) of this subpart, for submitting any supporting documents requested by CBP, and for the truthfulness of the information contained in those documents. CBP will allow for the direct submission by the exporter or producer of business confidential or other sensitive information, including cost and sourcing information.
( b ) *Compliance.* In order to make a claim for preferential treatment under § 10.410 of this subpart, the importer: ( 1 ) Must have records that explain how the importer came to the conclusion that the good qualifies for preferential tariff treatment. Those records must include documents that support a claim that the article in question qualifies for preferential tariff treatment because it meets the applicable rules of origin set forth in General Note 26, HTSUS, and in this subpart. Those records may include a properly completed certification or other information as set forth in § 10.411 of this subpart; and
( 2 ) May be required to demonstrate that the conditions set forth in § 10.463 of this subpart were met if the imported article was shipped through an intermediate country.
( c ) *Information provided by exporter or producer.* The fact that the importer has issued a certification based on information provided by the exporter or producer will not relieve the importer of the responsibility referred to in paragraph (a) of this section. A U.S. importer who voluntarily makes a corrected declaration will not be subject to penalties for having made an incorrect declaration (*see* § 10.481 of this subpart).
[CBP Dec. 05-07, 70 FR 10873, Mar. 7, 2005, as amended by CBP Dec. 06-39, 71 FR 76132, Dec. 20, 2006]
§ 1201.124 Rights; answer to complaint. ( a ) *Responsibilities of Clerk of the Board.* The Clerk of the Board shall furnish a copy of the applicable Board regulations to each party that is not a Federal, State, or local government agency and shall inform such a party of the party's rights under paragraph (b) of this section and the requirements regarding the timeliness and content of an answer to the Special Counsel's complaint under paragraphs (c) and (d), respectively, of this section.
( b ) *Rights.* When the Special Counsel files a complaint proposing a disciplinary action against an employee under 5 U.S.C. 1215(a)(1), the employee has the right: ( 1 ) To file an answer, supported by affidavits and documentary evidence;
( 2 ) To be represented;
( 3 ) To a hearing on the record before an administrative law judge;
( 4 ) To a written decision, issued at the earliest practicable date, in which the administrative law judge states the reasons for his or her decision; and
( 5 ) To a copy of the administrative law judge's decision and subsequent final decision by the Board, if any.
( c ) *Filing and default.* A party named in a Special Counsel disciplinary action complaint may file an answer with the Clerk of the Board within 35 days of the date of service of the complaint. If a party fails to answer, the failure may constitute waiver of the right to contest the allegations in the complaint. Unanswered allegations may be considered admitted and may form the basis of the administrative law judge's decision.
( d ) *Content.* An answer must contain a specific denial, admission, or explanation of each fact alleged in the complaint. If the respondent has no knowledge of a fact, he or she must say so. The respondent may include statements of fact and appropriate documentation to support each denial or defense. Allegations that are unanswered or admitted in the answer may be considered true.
<PAGE>

                                                                    EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in Registration Statements (Forms
S-8 Nos. 333-75359, 333-69713, and 333-69715) of Delco Remy International, Inc.
pertaining to the 1997 Stock-Based Incentive Compensation Plan and 1997
Non-Qualified Stock Option Plan for Non-Employee Directors, the Delco Remy
America Personal Savings Plan for Hourly-Rate Employees in the United States of
Delco Remy International, Inc., and the Delco Remy International 401(k)
Retirement and Savings Plan of Delco Remy International, Inc. of our report
dated August 23, 1999 with respect to the consolidated financial statements of
Delco Remy International, Inc. included in this Annual Report (Form 10-K) for
the year ended July 31, 1999.


                                                          /s/ Ernst & Young LLP



Indianapolis, Indiana
October 1, 1999
§ 4.2 Reports of arrival of vessels. ( a ) Upon arrival in any port or place within the U.S., including, for purposes of this section, the U.S. Virgin Islands, of any vessel from a foreign port or place, any foreign vessel from a port or place within the U.S., or any vessel of the U.S. carrying foreign merchandise for which entry has not been made, the master of the vessel must immediately report that arrival to the nearest CBP facility or other location designated by the port director. The report of arrival, except as supplemented in local instructions issued by the port director and made available to interested parties by posting in CBP offices, publication in a newspaper of general circulation, and other appropriate means, may be made by any means of communication to the port director or to a CBP officer assigned to board the vessel. The CBP officer may require the production of any documents or papers deemed necessary for the proper inspection/examination of the vessel, cargo, passenger, or crew.
( b ) For purposes of this part, “foreign port or place” includes a hovering vessel, as defined in 19 U.S.C. 1401(k), and any point in customs waters beyond the territorial sea or on the high seas at which a vessel arriving in a port or place in the U.S. has received merchandise.
( c ) In the case of certain vessels arriving either in distress or for the limited purpose of taking on certain supplies and departing within a 24-hour time period without having landed or taken on any passengers or other merchandise (see section 441(4), Tariff Act of 1930, as amended), the report must be filed by either the master, owner, or agent, and must be in the form and give the information required by that statute, except that the report need not be under oath. A derelict vessel will be considered one in distress and any person bringing it into port must report its arrival.
( d ) The report of baggage and merchandise required to be made by certain passenger vessels making three or more trips a week between U.S. and foreign ports and vessels used exclusively as ferryboats carrying passengers, baggage, or merchandise (see section 441(2), Tariff Act of 1930, as amended), is in addition to the required report of arrival, and must be made within 24 hours of arrival.
[T.D. 93-96, 58 FR 67315, Dec. 21, 1993, as amended by T.D. 94-44, 59 FR 23795, May 9, 1994; CBP Dec. 10-33, 75 FR 69585, Nov. 15, 2010]
#### § 210.63 Proposed findings and conclusions and briefs.

The administrative law judge shall determine whether and, if so, to what extent the parties shall be permitted to file proposed findings of fact, proposed conclusions of law, or briefs under § 210.40 concerning the issues involved in adjudication of the motion for temporary relief.
<PAGE>

                                                                      EXHIBIT 21

SUBSIDIARIES OF THE REGISTRANT

Delco Remy International, Inc. (Delaware)
     Delco Remy America, Inc. (Delaware)
          Delco Remy International (Europe) GmbH (Germany)
     Reman Holdings, Inc. (Delaware)
          Nabco, Inc. (Michigan)
          The A & B Group, Inc. (Mississippi)
               A & B Cores, Inc. (Mississippi)
               A & B Enterprises, Inc. (Mississippi)
               Dalex, Inc. (Mississippi)
               MCA, Inc. of Mississippi (Mississippi)
               R & L Tool Company, Inc. (Mississippi)
          Power Investments, Inc. (Indiana)
               Western Reman, Inc. (Indiana)
               Franklin Power Products, Inc. (Indiana)
               International Fuel Systems, Inc. (Indiana)
               Marine Corporation of America (Indiana)
               Power Marine, Inc. (New Jersey)
               Powrbilt Products, Inc. (Texas)
               Power Investments Canada Ltd. (Alberta)
               Alberta Ltd. (Alberta)
                    Central Precision (1988) Limited (Canada)
                    Western Reman Ltd. (Canada)
                    Alvin Morris Holdings Ltd. (Alberta)
                         Morris Manufacturing Co. Ltd. (Alberta)
                         Engine Rebuilders Ltd. (Alberta)
                              Reman Transport Ltd. (Alberta)
          World Wide Automotive Inc. (Virginia)
               Publitech, Inc. (Virginia)
               World Wide Automotive Distributors, Inc. (Virginia)
     Remy International, Inc. (Delaware)
          Autovill Holdings, Inc. (Delaware)
          Remy Components Holdings, Inc. (Delaware)
          Remy India Holdings, Inc. (Delaware)
          Remy Korea Holdings, Inc. (Delaware)
               Remy Korea LTD (Korea)
          Delco Remy International Limited (Barbados)
          Remy South America Holdings, Inc. (Delaware)
          Remy Holdings Limited (United Kingdom)
               Remy UK Limited (United Kingdom)
               Autovill Rt. (Hungary)
               Remy Holdings do Brasil Ltda. (Brazil)
                    Delco Remy Brazil, Ltda. (Brazil)
               Remy Auto Parts Holdings B.V. (Netherlands)
                    Delco Remy Holding Belgium bvba (Belgium)
                         Delco Remy Belgium bvba (Belgium)
                              Electro Diesel Rebuild bvba
                              Electro-Rebuild Tunisie S.A.R.L. (Tunisia)
                    Remy Mexico Holdings, S. de R.L. de C.V. (Mexico)
                         Delco Remy Mexico, S. de R.L. de C.V. (Mexico)
                         Remy Mexico Services, S. de R.L. de C.V. (Mexico)
                         Remy Componentes S. De  R.L. de C.V. (Mexico)
     Ballantrae Corporation
          Kraftube, Inc. (Michigan)
          Tractech, Inc. (Delaware)
               Trachech, Inc. Limited (Ireland)
     A.P. Acquisition (Delaware)
§ 10.1 Definitions. For purposes of this rule— ( a ) 'Agency' means an Executive agency as defined in Rule IX, but does not include a Government corporation or the General Accounting Office; and
( b ) 'Merit system principles' means the principles for Federal personnel management that are set forth in section 2301(b) of title 5, United States Code.
(May 17, 1948.)

#### Eugene T. Singer, Respondent-Appellant, v. Yokohama Specie Bank, Ltd., Defendant, and Elliott V. Bell, Superintendent of Banks of the State of New *997York, as Liquidator of the Business and Property in the State of New York of Yokohama Specie Bank, Ltd., Appellant-Respondent.

Judgment unanimously affirmed, without costs. No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ. [See 274 App. Div. 781.]