alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6990
CARL KOFI MAYERS, Plaintiff - Appellant, versus TOMMIE SMITH, Officer, acting in his individual capacity and under color of law; JOHN DOE, Defendants - Appellees, and UNITED STATES OF AMERICA, Party in Interest. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CA-00-1961-AM) Submitted: September 12, 2002 Decided: September 23, 2002 Before WIDENER, LUTTIG, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion.2 Carl Kofi Mayers, Appellant Pro Se. Steven E. Gordon, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Carl Kofi Mayers appeals the district court’s orders dismissing his complaint against two federal correctional officers under 28 U.S.C. § 1915A (2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Mayers v. Smith , No. CA-00-1961-AM (E.D. Va. April 4 2002; May 29, 2002). 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.

AFFIRMED
§ 870.104 Incontestability. ( a ) If an individual erroneously becomes insured, the coverage will remain in effect if at least 2 years pass before the error is discovered, and if the individual has paid applicable premiums during that time. This applies to errors discovered on or after October 30, 1998, and applies only to employees, not retirees or compensationers.
( b ) If an employee is erroneously allowed to continue insurance into retirement or while receiving compensation, the coverage will remain in effect if at least 2 years pass before the error is discovered, and if the annuitant or compensationer has paid applicable premiums during that time. This applies to such errors discovered on or after October 30, 1998.
( c ) If an individual is erroneously enrolled in life insurance on or after the date he or she retires or begins receiving compensation, the coverage cannot remain in effect even if 2 years pass and the individual paid applicable premiums.
( d ) If an individual who is allowed to continue erroneous coverage under this section does not want the coverage, he or she may cancel the coverage on a prospective basis, effective at the end of the pay period in which the waiver is properly filed. There is no refund of premiums. *Exception:* If an employee obtained Option C erroneously and did not have any eligible family members, that coverage may be cancelled retroactively and the insured will obtain a refund of the erroneous Option C premiums.
[75 FR 60576, Oct. 1, 2010]
| HUDUSER Survey |
|----------------|
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<RECEIVABLES>                                    23968
<ALLOWANCES>                                       506
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<CURRENT-ASSETS>                                 67577
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<DEPRECIATION>                                   13098
<TOTAL-ASSETS>                                  114978
<CURRENT-LIABILITIES>                            50489
<BONDS>                                              0
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<TOTAL-LIABILITY-AND-EQUITY>                    114978
<SALES>                                          51655
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<CGS>                                            43228
<TOTAL-COSTS>                                    43228
<OTHER-EXPENSES>                                 12455
<LOSS-PROVISION>                                    36
<INTEREST-EXPENSE>                                 572
<INCOME-PRETAX>                                 (4636)
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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, the Chief Executive Officer and the Chief Financial Officer of Computer Software Innovations, Inc. (the
Company), each certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to his or her knowledge on the date of this certification:



| | 1. | The annual report of the Company on Form 10-KSB/A for the period ended December 31, 2004 as filed with the Securities and Exchange Commission on this date (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 this Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Nancy K. HedrickNancy K. HedrickChief Executive OfficerDate: January 13, 2006/s/ David B. DechantDavid B. DechantChief Financial OfficerDate: January 13, 2006
#### Harry S. Tripp, as Guardian ad Litem of Jean Tripp, Appellant, v. State of New York, Respondent.

(Claim No. 29986.)

All concur. (Appeal from a judgment dismissing claimant’s claim for damages for personal injuries alleged to have been sustained by claimant as the result of her having fallen in a sunken area-way near a State college.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See *post,*p. 975.]
### §170306. Powers

The corporation has the powers provided in its bylaws and articles of incorporation filed in the State in which it is incorporated, including the power to—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) establish, maintain, and regulate offices to conduct the affairs of the corporation;

(5) publish a magazine and other publications;

(6) charge and collect membership dues and subscription fees and receive contributions or grants of money or property to be used to carry out the purposes of the corporation;

(7) accept gifts, legacies, and devises that will further the purposes of the corporation;

(8) promote the formation of auxiliaries, the membership requirements of which shall be as provided in the constitution and the bylaws of the corporation;

(9) sue and be sued; and

(10) do any other act necessary or desirable to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 170306 | 36:3602. | Oct. 7, 1985, Pub. L. 99–119, §2, 99 Stat. 498. |

Section

Before clause (1), the words "(hereinafter in this chapter referred to as the 'corporation')" and "and subject to the laws of such State" are omitted as unnecessary.

In clause (1), the words "alter" and "not inconsistent with the laws of the United States or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (9), the words "complain, and defend in any court of competent jurisdiction" are omitted as unnecessary.

In clause (10), the words "lawful", "and things", and "objects and" are omitted as unnecessary.
Exhibit 31.1

CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Vanessa Avila, President and Chief Executive Officer of Tortuga Mexican Imports, Inc., certify that:

1.	I have reviewed this quarterly report on Form 10-QSB for the fiscal quarter ended May 31, 2007, of Tortuga Mexican Imports, Inc.;

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 financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4.	The small business issuer'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 small business issuer 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 small business issuer, 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)	Evaluated the effectiveness of the small business issuer'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 small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

5.	The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer'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 small business issuer'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 small business issuer's internal control over financial reporting.

Date: July 20, 2007

/s/ Vanessa AvilaVanessa Avila
President and Chief Executive Officer
Exhibit
10.y


 


AMENDMENT
TO THE

CINERGY CORP. SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN


 


 


The Cinergy Corp. Supplemental Executive Retirement
Plan, as amended and restated effective as of January 1, 1999 and as further
amended from time to time (the “Plan”), is hereby amended effective as of
December 15, 2003.


 


(1)           Explanation
of Amendment


 


The Plan is amended to provide designated participants
with the opportunity to elect to receive one-half of their Plan benefits in a
single lump sum under certain circumstances. 
The Plan is further amended by revising its definition of “Highest
Average Earnings” to provide that the Compensation Committee of the Board of
Directors may from time to time designate specific amounts that shall be
included in a specified Participant’s Highest Average Earnings.


 


(2)           Amendment


 


(a)                                  Section
1.23 of the Plan is hereby amended by adding the following at the end thereof:


 


“The Compensation Committee of the Board of Directors
from time to time, in its sole discretion, may designate other amounts that
shall be taken into account when calculating the Highest Average Earnings for
one or more Participant’s specified by the Compensation Committee of the Board
of Directors.”


 


(b)                                 Section
8.6 of the Plan is hereby amended by adding the following new subsection (i) at
the end thereof:


 


“(i)                               Special Payment Election Without a Change in Control. Notwithstanding the foregoing, each Participant who is designated as
a “Designated Participant” by the Committee (a “Designated Participant”) may
make an election, on a form provided by the Committee, to receive a single lump
sum cash payment in an amount equal to one-half of the Actuarial Equivalent (as
defined above in Section 8.6(e)) of his benefits under the Plan payable no
later than 30 days after his Severance from Service Date.   In order to be effective, the special
payment election under this Section 8.6(i) must be made either (A) at least one
year prior to the Participant’s Severance from Service Date or (B) during the
2003 Plan Year and at least six months prior to the Participant’s Severance
from Service Date.  The lump sum amount
payable pursuant to this Section 8.6(i) shall be calculated in accordance with
the provisions of Section 8.6(e).  In
the event an amount is paid to or on behalf of a Designated Participant
pursuant to this Section 8.6(i), such payment shall discharge any liability
under the Plan to or on behalf of the Designated Participant with respect to
one-half of the Actuarial Equivalent (as defined above in Section 8.6(e)) of
his benefits under the Plan.”


 


1

















 


IN WITNESS WHEREOF, Cinergy Corp. has caused this
Amendment to be executed and approved by its duly authorized officer as of the
date set forth above.


 


 


	
   

  	
  By:

  	
  /s/ Timothy J. Verhagen

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Timothy J. Verhagen

  
	
   

  	
   

  	
  Vice President of Human
  Resources

  



 


2
§ 831.2209 Redetermined annuity after reemployment. ( a ) For purposes of this section, “lump-sum credit” does not include— ( 1 ) The amount by which the lump-sum credit attributable to service performed before the annuitant's first retirement was reduced by annuity payments that were not reimbursed by the employing agency under section 8344(a) of title 5, United States Code, or
( 2 ) Any part of the lump-sum credit attributable to service performed before the annuitant's first retirement that has already been paid to the annuitant pursuant to an election or an alternative form of annuity.
( b ) An annuitant who meets the requirements for a redetermined annuity under subpart H, and who meets all requirements of § 831.2203, may elect an alternative form of annuity.
( c ) To compute the beginning rate of the redetermined annuity payable to an annuitant who elects an alternative form of annuity, OPM will first compute the monthly rate payable under subchapter III of chapter 83 of title 5, United States Code, including all reductions provided under the subchapter other than those in section 8343a. That monthly rate is then reduced by the sum of— ( 1 ) ( i ) Any reduction that was computed under § 831.2205 at the time of the annuitant's prior retirement, increased by—
( ii ) All cost-of-living adjustments under section 8340 of title 5, United States Code that applied to the annuitant before the commencing date of the redetermined annuity, and
( 2 ) An amount equal to the annuitant's lump-sum credit, divided by the present value factor for the annuitant's attained age on the date the redetermined annuity commences.
( d ) The beginning rate of a redetermined annuity payable to an annuitant who does not elect, or is not eligible to elect, an alternative form of annuity will be reduced in accordance with paragraph (c)(1) of this section.
[54 FR 10136, Mar. 10, 1989. Redesignated at 55 FR 4597, Feb. 9, 1990]
[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Notices]
[Page 65143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24997]


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

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Trade Adjustment Assistance for Farmers

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notice.

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

    The Foreign Agricultural Service announced on October 8, 2004, the 
re-certification of the trade adjustment assistance (TAA) petition for 
the United Fishermen of Alaska that was initially certified on November 
6, 2003. As part of the fiscal year 2005 TAA program for Alaska Salmon 
fishermen, the Marine Advisory Program (MAP) of the University of 
Alaska Fairbanks will be offering salmon fishermen who apply for TAA 
benefits a variety of technical courses at no cost. Applicants in 
fiscal year 2005 who did not receive technical assistance under the 
fiscal year 2004 TAA program must obtain the technical assistance from 
MAP by June 15, 2005, in order to be eligible for financial payments.
    For General Information About TAA, Contact: Jean-Louis Pajot, 
Coordinator, Trade Adjustment Assistance for Farmers, FAS, USDA, (202) 
720-2916, e-mail: <a href="/cdn-cgi/l/email-protection#1c686e7d7879327d7876696f68717972685c7a7d6f32696f787d327b736a"><span class="__cf_email__" data-cfemail="7501071411105b14111f00060118101b01351314065b000611145b121a03">[email protected]</span></a>.

    Dated: October 27, 2004.
Kenneth Roberts,
Administrator, Acting Foreign Agricultural Service.
[FR Doc. 04-24997 Filed 11-9-04; 8:45 am]
BILLING CODE 3410-10-P


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No. II-09-001 January 6, 2009 

CONTACT: Roger Hannah (404) 562-4417 E-mail: OPA2@nrc.gov

 Joey Ledford (404) 562-4416 

NRC ISSUES CONFIRMATORY ORDER TO SEQUOYAH 

NUCLEAR PLANT FOLLOWING ALTERNATIVE DISPUTE RESOLUTION 

 The Nuclear Regulatory Commission has issued a Confirmatory Order to the Tennessee 

Valley Authority’s Sequoyah nuclear power plant as part of a settlement agreement involving a 

contract security sergeant who falsified a form at the plant. The NRC Office of Investigations 

concluded that the sergeant deliberately falsified an equipment inventory form, and caused TVA 

to be in apparent violation of NRC regulations. 

 TVA requested the alternative dispute resolution process to resolve differences with the 

NRC concerning the apparent violations and to discuss corrective actions. The ADR process uses 

a neutral mediator with no decision-making authority to assist the NRC and its licensees in 

coming to an agreement. 

As part of the settlement agreement, TVA has agreed to a number of corrective actions 

and enhancements related to security equipment inventory and promotion of internal programs 

for resolution of issues or deficiencies not only at Sequoyah but also at TVA’s Browns Ferry and 

Watts Bar nuclear plants. 

TVA also committed to assess the effectiveness of corrective actions and enhancements 

in a recent Security Independent Evaluation, and will factor those results into its corrective 

action program. In consideration of the commitments, the NRC will not propose a civil penalty, 

issue a Notice of Violation or take other enforcement action on these matters. The NRC will, 

however, evaluate adherence to the commitments during future inspections. 

In a letter to TVA, the NRC noted that after becoming aware of the falsification issue, 

“TVA conducted an investigation into the matter, performed immediate inventory verification of 

related security equipment and confirmed the accuracy of related inventory forms, implemented 

the use of ‘clear view’ magazines fleet-wide to improve the accuracy and efficiency of 

ammunition inventories, and took disciplinary action as appropriate.” 

In addition, TVA has notified the NRC that it intends to terminate its security contract 

and will begin moving to a TVA security force in early 2009 at all of its nuclear facilities. The 

NRC did not require that change as part of the agreement and confirmatory order. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region II 

61 Forsyth Street SW, Atlanta GA 30303 

Web Site: www.nrc.gov 
### 

 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.
§ 831.665 Payment of deposits under § 831.631, § 831.632, § 831.682, or § 831.684 under pre-October 1, 1993, law or when the retiree has died prior to October 1, 1993. ( a ) If a retiree fails to make a deposit required under § 831.682 or § 831.684 within 60 days after the date of the notice required by § 831.682(e) or § 831.684(c), the deposit will be collected by offset from his or her annuity in installments equal to 25 percent of the retiree's net annuity (as defined in § 838.103 of this chapter).
( b ) If a retiree fails to make a deposit required by § 831.631 or § 831.632 within 2 years after the date of the post-retirement marriage or divorce, the deposit will be collected by offset from his or her annuity in installments equal to 25 percent of the retiree's net annuity (as defined in § 838.103 of this chapter).
( c ) If a retiree dies before a deposit required under §§ 831.631, 831.632, 831.682, or 831.684 is fully made, the deposit will be collected from the survivor annuity (for which the election required the deposit) before any payments of the survivor annuity are made.
[50 FR 20070, May 13, 1985, as amended at 51 FR 31935, Sept. 8, 1986; 57 FR 33597, July 29, 1992; 58 FR 52881, Oct. 13, 1993. Redesignated and amended at 58 FR 52882, Oct. 13, 1993]
#### Virchand Panachand & Co., Inc., Respondent, v. I. D. Talve Trading Corp., Appellant.

Ho opinion. Present — Glennon, J. P., Dore, Cohn, Van Voorhis and Shientag, JJ. [See *post,*p. 733.]