alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit10.2.3**

 

February 19, 2007

Geoffrey BoydChief Financial OfficerEschelon Telecom, Inc.730 Second Avenue SouthSuite 900Minneapolis, MN 55402-2456

Dear Mr. Boyd:

Your existing serviceagreement will expire on April 30, 2007 and we are extending the terminationlanguage in that agreement for another two (2) years or through April 30, 2009.

In the event that youremployment with Eschelon Telecom, Inc. is terminated without cause anytimebefore April 30, 2009, the Company will continue your salary and medicalpayments for a period of one (1) year beyond termination. Additionally,Eschelon will accelerate the vesting of options by more than one (1) year ifthe Board of Eschelon approves any modifications to option/restricted stockagreements that are more favorable than those in this agreement. Theobligations imposed on you as an Officer of Eschelon Telecom, Inc. with respectto confidentiality, non-disclosure, and non-solicitation shall continuenotwithstanding the termination of the employment relationship between theparties.
| Accepted and Agreed: |
|----------------------|

 

 
|                      |   |                                                             |   |   |                                                              |
|----------------------|--------|------------------------------------------------------------------|--------|--------|-------------------------------------------------------------------|
| By:                  |   | /s/ Richard A.  Smith      2/21/07 |   | By:    | /s/ Cliff D.  Williams      2/21/07 |   |
|                 |   | Richard A. Smith                                                 |   |   | Cliff D.  Williams                                                |   |
|                 |   | President &  Chief Executive Officer                         |   |   | Chairman &  Founder                                           |   |
|                 |   |                                                             |   |   |                                                              |
|                 |   |                                                             |   |   |                                                              |
| Accepted and Agreed: |
|                 |
| By:                  |   | /s/ Geoffrey M.  Boyd      2/21/07 |   |   |                                                              |
|                 |   | Geoffrey M. Boyd                                                 |   |   |                                                              |
|                 |   | Chief Financial  Officer                                         |   |   |                                                              |
|                      |        |                                                                  |        |        |                                                                   |  |  |

 

· 730 Second Avenue South ·Suite 900 · Minneapolis, MN 55402 ·Phone (612) 376-4400 · Fax (612) 376-4411

----
I 

108TH CONGRESS 

1ST SESSION H. R. 2015

To amend title 38, United States Code, to require Department of Veterans 

Affairs pharmacies to dispense medications to veterans enrolled in the 

health care system of that Department for prescriptions written by private practitioners, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2003

Mrs. JOHNSON of Connecticut (for herself, Mr. SHAYS, and Mr. SIMMONS) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL

To amend title 38, United States Code, to require Department of Veterans Affairs pharmacies to dispense medications to veterans enrolled in the health care system of 

that Department for prescriptions written by private 

practitioners, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Prescription 

5 Drugs Access Act of 2003’’. 
2

•HR 2015 IH 

1 SEC. 2. AUTHORITY OF DEPARTMENT OF VETERANS AF2 FAIRS PHARMACIES TO DISPENSE MEDICA3 TIONS TO VETERANS ON PRESCRIPTIONS 

4 WRITTEN BY PRIVATE PRACTITIONERS. 

5 (a) AUTHORITY.—Section 1712(d) of title 38, United 

6 States Code, is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(2) In addition to drugs and medicines furnished 

10 pursuant to paragraph (1), the Secretary shall furnish to 

11 a veteran enrolled under section 1705 of this title such 

12 drugs and medicines on the formulary of the Department 

13 as may be ordered on prescription of a duly licensed physi14 cian in the treatment of any illness or injury of the vet15 eran. Any such prescription is subject to section 1722A 

16 of this title.’’. 

17 (b) CLERICAL AMENDMENTS.—(1) The heading of 

18 section 1712 of such title is amended by striking the sixth 

19 through ninth words. 

20 (2) The item relating to section 1712 in the table of 

21 sections at the beginning of chapter 17 of such title is 

22 amended by striking the sixth through ninth words.

Æ
### §40903. Definitions

As used in this chapter, the following definitions shall apply:

#### (1) Court order

The term "court order" includes a court order (as described in section 922(g)(8) of title 18).

#### (2) Mental health terms

The terms "adjudicated as a mental defective" and "committed to a mental institution" have the same meanings as in section 922(g)(4) of title 18.

#### (3) Misdemeanor crime of domestic violence

The term "misdemeanor crime of domestic violence" has the meaning given the term in section 921(a)(33) of title 18.

(Pub. L. 110–180, §3, Jan. 8, 2008, 121 Stat. 2560.)

#### **Editorial Notes**

#### Codification

Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.
### §60534. Bureau of Prisons policy on chapel library materials

#### (a) In general

Not later than 30 days after April 9, 2008, the Director of the Bureau of Prisons shall discontinue the Standardized Chapel Library project, or any other project by whatever designation that seeks to compile, list, or otherwise restrict prisoners' access to reading materials, audiotapes, videotapes, or any other materials made available in a chapel library, except that the Bureau of Prisons may restrict access to—

(1) any materials in a chapel library that seek to incite, promote, or otherwise suggest the commission of violence or criminal activity; and

(2) any other materials prohibited by any other law or regulation.

#### (b) Rule of construction

Nothing in this section shall be construed to impact policies of the Bureau of Prisons related to access by specific prisoners to materials for security, safety, sanitation, or disciplinary reasons.

(Pub. L. 110–199, title II, §214, Apr. 9, 2008, 122 Stat. 683.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 17534 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
#### § 550.808 Prohibition against setting aside proper promotions.

Nothing in section 5596 of title 5, United States Code, or this subpart shall be construed as authorizing the setting aside of an otherwise proper promotion by a selecting official from a group of properly ranked and certified candidates.

[46 FR 58275, Dec. 1, 1981, as amended at 53 FR 18072, May 20, 1988, and 53 FR 45886, Nov. 15, 1988]
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, John McLeod, the President, Secretary, Treasurer and a director of California Oil & Gas Corporation, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)           the quarterly report on Form 10-QSB of California Oil & Gas Corporation for the period ended May 31, 2007 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)           the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of California Oil & Gas Corporation.

Dated July 13, 2007.

/s/ John McLeod 

John McLeod

President, Secretary, Treasurer and Director

(Principal Executive Officer)

 

 

CW1323224.1
#### In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Bounded by 64th Avenue and other Streets in the Borough of Queens for Public School 46 and for Recreational Purposes. David Minkin et al., Appellants.

Appellants have not shown that the fixing of damage for the taking of their parcels was based upon an erroneous theory of law, or that there were erroneous rulings in the admission or exclusion of evidence, or that the court at Special Term failed to give to conflicting evidence the relative weight which it should have, or that the awards are clearly wrong or such as to shock the sense of justice of the court. In the absence of any such showing an appellate court may not substitute its judgment of damage for that of Special Term. *(Matter of City of New York [Neptune Ave.],*254 App Div. 690, affd. 280 N. Y. 604; *Matter of City of New York [Chrystie St.],*236 App. Div. 321, 324, affd. 260 N. Y. 583; *Matter of City of New York [School Site],*222 App. Div. 554, 559, affd. 250 N. Y. 588; *Matter of City of New York [E. 36th St.],*168 App. Div. 463, affd. 217 N. Y. 621; *Matter of City of New York [Croton Riv. Dam],*129 App. Div. 707, 708, 709.) Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7792

RALPH WALKER, Petitioner - Appellant, versus RONALD J. ANGELONE, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-97-1669-AM) Submitted: November 19, 1998 Decided: December 1, 1998 Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ralph Walker, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Ralph Walker seeks to appeal the district court’s order denying his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. The district court denied relief on Walker’s § 2254 petition, finding that it was untimely filed. Walker failed to challenge the district court’s finding in his informal brief and therefore has not preserved the issue for our review. See 4th Cir. R. 34(b). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
### §40303. Membership and governing body

(a) Membership.—Eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Governing Body.—The Civil Air Patrol has a Board of Governors. The composition and responsibilities of the Board of Governors are set forth in section 9497 of title 10.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332; Pub. L. 106–398, §1 [[div. A], title X, §1090(b)(2)(A), (B)], Oct. 30, 2000, 114 Stat. 1654, 1654A–300; Pub. L. 115–232, div. A, title VIII, §809(l)(2), Aug. 13, 2018, 132 Stat. 1843.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40303 | 36:203. | July 1, 1946, ch. 527, §3, 60 Stat. 346. |

Section

The words "are as provided in" are substituted for "shall be determined according to" for consistency in the revised title. The text of 36:203 (proviso) is omitted as obsolete.

#### **Editorial Notes**

#### Amendments

2018—Subsec. (b). Pub. L. 115–232 substituted "section 9497 of title 10" for "section 9447 of title 10".

2000—Pub. L. 106–398 inserted "and governing body" after "Membership" in section catchline, designated existing provisions as subsec. (a), inserted subsec. (a) heading, and added subsec. (b).

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

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

#### Effective Date of 2000 Amendment

Amendment by Pub. L. 106–398 effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1090(c)] of Pub. L. 106–398, set out as an Effective Date note under section 9441 of Title 10, Armed Forces.
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 Report of Allegheny Bancshares, Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Claudia
L. Acord, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 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 results of operations of the
Company.

      No purchaser or seller of securities or any other person shall be entitled
to rely upon the foregoing certification for any purpose. The undersigned
expressly disclaim any obligation to update the foregoing certification except
as required by law.


                                          /s/ CLAUDIA L. ACORD
                                          -----------------------
                                          Claudia L. Acord
                                          Chief Financial Officer


August 13, 2004
#### § 6401.101 General.

In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the Environmental Protection Agency and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635.
#### *In re*Petition for the Annexation of Contiguous Territory to the City of Belleville.

(No. 74-16;

Fifth District

August 2, 1974.

Jones, Ottesen & Fleming, of Belleville (Patrick J. Fleming, of counsel), for appellants.

John R. Sprague, Sr., of Belleville, for appellees.

Opinion by Mr.

PRESIDING JUSTICE G. MORAN.
```

[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Page 24290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09775]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Furlough Implementation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This action gives notice to the American public and aviation 
industry of the FAA's Aviation Safety Office's (AVS) furlough 
implementation. Under the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended by the Budget Control Act of 2011 and the 
American Taxpayer Relief Act of 2012, across-the-board budget cuts 
require the FAA to implement furloughs. AVS and its Services/Offices 
will implement the required 11 days of furlough beginning April 21, 
2013 and continuing through September 30, 2013. AVS will continue to 
focus resources on those initiatives that would have the highest safety 
and economic value for the American public and aviation industry. The 
furlough days vary, with each office scheduling those days in 
accordance with mission requirements, workload considerations, and 
applicable collective bargaining agreements. For specific information, 
please see the FAA Web site at http://www.faa.gov/about/office_org/headquarters_offices/avs/operations_sequestration.

DATES: The furlough will take place beginning April 21 through 
September 30, 2013.

SUPPLEMENTARY INFORMATION: For specific information, please see the FAA 
Web site at http://www.faa.gov/about/office_org/headquarters_offices/avs/operations_sequestration.

    Issued in Washington, DC, on April 22, 2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-09775 Filed 4-22-13; 11:15 am]
BILLING CODE 4910-13-P
```
1 The Honorable Donald E. O’Brien, Un ited States District Judge for the Northern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 08-2307

___________ Jeremiah J. Kerby, * * Appellant, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. United States of America, * * [UNPUBLISHED] Appellee. *

___________ Submitted: October 9, 2009 Filed: October 21, 2009

___________ Before BYE, BOWMAN, and BENTON, Circuit Judges.

___________ PER CURIAM. Jeremiah J. Kerby appeals the district court’s 1 denial of his 28 U.S.C. § 2255 motion. Having carefully reviewed the matter, we conclude Kerby’s § 2255 motion is untimely and equitable tolling is not warra nted. Thus, we summarily affirm. See 8th Cir. R. 47B.
---

EXHIBIT 13.1

|Certification of Chief Executive Officer
      pursuant to              
|------------------------------------------------------------------------
|Title 18, United States Code, Section 1350,
      as adopted pursuant to
|Section 906 of The Sarbanes-Oxley Act of
      2002                     

I, John G. Robertson, President of Teryl Resources
  Corp., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18
  U.S.C. Section 1350, that, to the best of my knowledge:

1. The Annual Report on Form 20-F of Teryl Resources
  Corp. for the year ended May 31, 2002 (the "Report") fully complies with the
  requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
  (15 U.S.C. 78m(a) or 78o(d)); and

2. The information contained in the Report fairly
  presents, in all material respects, the financial condition and results of operations
  of Teryl Resources Corp.

|Richmond, BC, Canada |     |                            
|-------------------- | --- | ---------------------------
|                     | by: | /s/
      John G. Robertson
|July 31, 2007        |     |                            
|                     |     | John G. Robertson          
|                     |     | President                  

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

---
#### § 837.404 Reinstatement of annuity during a period of employment not subject to CSRS or FERS.

When OPM reinstates the disability annuity of an individual employed in a position not subject to CSRS or FERS, the employing agency shall withhold retirement deductions and offset pay subject to the provisions of subpart C of this part, as of the date of OPM's administrative determination of reinstatement. OPM shall offset from any retroactive payment of annuity for a period that is also a period of employment an amount equal to the amount of annuity, or the pay for the period of employment, whichever is the lesser.
<PAGE>

                                  EXHIBIT 21.1

                           SUBSIDIARIES OF REGISTRANT

Name                               Jurisdiction of Incorporation or Organization
----                               ---------------------------------------------
Insight Capital, Inc. (wholly-owned by Insight
        Midwest, L.P.)                                     Delaware
Insight Communications Midwest, LLC (f/k/a
       Insight Communications of Indiana, LLC)             Delaware
Insight Midwest Holdings, LLC                              Delaware
Insight Communications of Kentucky, L.P.                   Delaware
Insight Kentucky Partners I, L.P.                          Delaware
Insight Kentucky Partners II, L.P.                         Delaware
Insight Kentucky Capital, LLC                              Delaware
Insight Holdings of Ohio, LLC                              Delaware
Insight Communications of Central Ohio, LLC                Delaware
#### In the Matter of an Application to Set Aside Certain Elections of Directors and Officers of Caesar Chemists, Inc. Rose Sieser, Appellant; Adelaide L. Sieser et al., Repondents.

No opinion. Present — Townley, Glennon, Untermyer, Dore and Callahan, JJ.
No. I-08-046 

Contact: Diane Screnci 610/337-5330 

 Neil Sheehan 610/337-5331 

July 17, 2008

NRC PROPOSES $6,500 FINE AGAINST PENNSYLVANIA COMPANY 

FOR VIOLATIONS OF NRC REQUIREMENTS 

 The Nuclear Regulatory Commission is proposing a $6,500 fine against Precision 

Calibration and Testing Corporation in York, Pa., for willful violations of NRC requirements. 

NRC identified the violations during inspections and investigations conducted from 

March of 2007 through February of this year. Those violations include failure to report the 

company’s bankruptcy to the NRC as required; failure to implement security requirements in a 

timely manner; and failure to provide complete and accurate information to the NRC. 

While the details of these violations are being withheld because they are related to 

security of the facility, NRC concluded that the violations were willful. The problems associated 

with the violations, which did not pose a threat to public health and safety, have been 

appropriately addressed. 

In determining the appropriate enforcement action, the Agency took into consideration 

that the violations had a common root cause (the company not being familiar with or verifying 

compliance with agency requirements), that the violations were identified by NRC and not the 

company, and that the company took prompt and comprehensive actions to correct the problems 

and prevent recurrence. 

The company is required to respond to this enforcement action within 30 days. The letter 

forwarding the notice of violation, the notice itself, and any response that the company provides 

will not be placed in the Public Document Room because of their sensitive nature. 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region I 

475 Allendale Road, King of Prussia, Pa. 19406 

E-mail: opa1@nrc.gov 

Site: http://www.nrc.gov