alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1423.28 Briefs in support of exceptions; oppositions to exceptions; cross-exceptions. ( a ) Any brief in support of exceptions shall contain only matters included within the scope of the exceptions and shall contain, in the order indicated, the following: ( 1 ) A concise statement of the case containing all that is material to the consideration of the questions presented;
( 2 ) A specification of the questions involved and to be argued; and
( 3 ) The argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page reference to the transcript and the legal or other material relied on.
( b ) Any party may file an opposition to exceptions and cross-exceptions and a supporting brief with the Board within ten (10) days after service of any exceptions to an Administrative Law Judge's decision. Copies of the opposition to exceptions and the cross-exceptions and any supporting briefs shall be served on all other parties, and a statement of service shall be filed with the opposition to exceptions and cross-exceptions and any supporting briefs.
<PAGE>

                                                                    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

In connection with the Quarterly Report of Mooney Aerospace Group, Ltd. (the
"Company") on Form 10-QSB for the quarter ended September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), each
of the undersigned, in the capacities and on the date indicated below, hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:

(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.

Dated:  November 14, 2003             By:  /s/ J. Nelson Happy
                                           -------------------------------------
                                           J. Nelson Happy
                                           Vice Chairman, President &
                                           Chief Financial Officer and Secretary
                                           (Principal Executive Financial and
                                           Accounting Officer)
Sixteenth Census of the United States – 1940

Housing Characteristics by Type of Structure

Interactive Table of Contents

Click on the title of the section you wish to view. Document will appear with a “bookmarks” column on

the left side. Use the “Table of Contents” bookmark to navigate back to this page.

______________________________________________________________________________________

Section Title Page Number

I Title Page, Letter of Transmittal, and Contents i-viii

1 Housing – Type of Structure: United States and Regions, and Alabama – California 1-55

2 Housing – Type of Structure: Colorado – Idaho 56-96

3 Housing – Type of Structure: Georgia – Louisiana 97-145

4 Housing – Type of Structure: Maine – Mississippi 146-196

5 Housing – Type of Structure: Missouri – New York 197-259

6 Housing – Type of Structure: North Carolina – Oklahoma 260-297

7 Housing – Type of Structure: Oregon – Tennessee 298-346

8 Housing – Type of Structure: Texas – Wyoming 347-402
Denied and Opinion Filed July 1, 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 19
- 00483
- CV
IN RE ANGELINA ARRED ONDO, INDIVIDUALLY A ND AS REPRESENTATIVE OF THE ESTATE OF DANIEL ARR EDONDO, DECEASED AND NEXT FRIEND OF MINOR CHILDREN , Relator s Original Proceeding from the 44th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 16
- 07257 

### MEMORANDUM OPINION Before Justices Myers, Molberg, and Nowell Opinion by Justice Nowell The underlying proceeding ended in a mistrial on February 4, 2019 and is scheduled for a new trial on September 30, 2019

. In this original proceeding, relators seek a writ of mandamus directing the trial court to vacate a Februar y 3 , 2019 o rder sustain ing the defendants’ M otion in
L imine No. 18 and to vacate a February 4 , 2019 o rder sanctioning relators’ attorney for violating
Motion in Limine No. 18 and Motion in Limine No

. 40. To be entitled to mandamus relief, a
relator must s how both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co. , 148 S.W.3d 124, 135

– 36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See T EX

.– 2

–

R. A PP

. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

190483F.P05 /Erin A. Nowell/ ERIN A. NOWELL JUSTICE
Fourth Department,

June, 1962

(June 27, 1962)

#### Michael Matwijko et al., Respondents, v. Walter Zoladz Lumber et al., Defendant, and Motor Vehicle Accident Indemnification Corporation, Appellant.

Order unanimously reversed, without costs of this appeal to any party and application denied, without costs. Memorandum: The Motor Vehicle Accident Indemnification Corporation appeals from an order of the Supreme Court which granted the respondents’ application for permission to bring an action against the corporation pursuant to section 618 of the Insurance Law. Raymond Matwijko, an infant 20 years of age, was standing on a street corner in the City of Buffalo when he was struck and injured by a section of fence propelled from a passing truck. The truck did not stop and the applicants have been unable to ascertain the identity of the driver. The truck owner reported to the police that the vehicle had been stolen and its liability insurance carrier has disclaimed for that reason. At the time of the accident, the infant’s father was the holder of an automobile insurance policy. Section III thereof affords protection to the insured against damages caused by uninsured motorists, including damages caused by a hit and run automobile. Included in the definition of insured is any relative of the named insured. It is only where no other insurance is available that rights are granted by the statute. Section 601 extends the benefits of the statute only to “ qualified persons ” and subdivision b thereof excludes insureds. Subdivision (f) of section 611 requires that the applicant show *“*that no part of the amount to be paid by the corporation is sought in lieu of making a claim or receiving a payment which is payable by reason of the existence of such a policy of insurance or bond ”. The applicants were insureds under the definition of the statute and hence are not qualified persons. (Appeal from order of Erie Special Term, granting permission to plaintiffs to sue the Motor Vehicle Accident Indemnification Corporation pursuant to article 17-A of the Insurance Law.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.
### §§2415 to 2421. Repealed. Pub. L. 90–448, title XIII, §1303(c), Aug. 1, 1968, 82 Stat. 573

Section 2415, act Aug. 7, 1956, ch. 1025, §16, 70 Stat. 1085, authorized appointment of an advisory committee.

Section 2416, act Aug. 7, 1956, ch. 1025, §17, 70 Stat. 1085, provided for studies.

Section 2417, act Aug. 7, 1956, ch. 1025, §18, 70 Stat. 1085, prescribed additional functions of the Administrator.

Section 2418, act Aug. 7, 1956, ch. 1025, §19, 70 Stat. 1086, reserved rights in acquired real estate.

Section 2419, act Aug. 7, 1956, ch. 1025, §20, 70 Stat. 1086, related to exemption of real estate from taxation.

Section 2420, act Aug. 7, 1956, ch. 1025, §21, 70 Stat. 1086, provided for annual reports.

Section 2421, act Aug. 7, 1956, ch. 1025, §22, 70 Stat. 1086, defined terms used in this chapter.

See section 4001 et seq. of this title.

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

#### Effective Date of Repeal

Repeal effective 120 days following Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see section 1377 of Pub. L. 90–448, set out as an Effective Date note under section 4001 of this title.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6624

UNITED STATES OF AMERICA,
Plaintiff - Appellee,

v.

JONATHAN JIMENEZ,
Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Samuel G. Wilson, District Judge. (5:01-cr-30058-sgw-mfu-6)

Submitted: July 23, 2009 Decided: July 30, 2009

Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jonathan Jimenez, Appellant Pro Se. Ryan Lee Souders, Assistant United States Attorney, Harrisonburg, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Jonathan Jimenez appeals the district court’s order
denying his motion seeking a reduction in his sentence pursuant

to 28 U.S.C. § 3582(c) (2006). We have reviewed the record and
find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. United States v. Jimenez , No. 5:01-cr-30058-sgw-mfu-6 (W.D. Va. March 26, 2009). 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
United States Court of Appeals

For the First Circuit

No. 13-2272

MICHAEL DUNN,

Plaintiff, Appellant,

v.

TRUSTEES OF BOSTON UNIVERSITY,

Defendants, Appellees.

ERRATA SHEET

The opinion of this Court issued on July 30, 2014 is corrected

as follows:

On page 25, footnote 7, line 2, replace "to small to read"

with "too small to read"
§ 1006.825 What information must I provide to the debarring official if I contest a proposed debarment? ( a ) In addition to any information and argument in opposition, as a respondent your submission to the debarring official must identify— ( 1 ) Specific facts that contradict the statements contained in the Notice of Proposed Debarment. Include any information about any of the factors listed in § 1006.860. A general denial is insufficient to raise a genuine dispute over facts material to the debarment;
( 2 ) All existing, proposed, or prior exclusions under regulations implementing E.O. 12549 and all similar actions taken by Federal, State, or local agencies, including administrative agreements that affect only those agencies;
( 3 ) All criminal and civil proceedings not included in the Notice of Proposed Debarment that grew out of facts relevant to the cause(s) stated in the notice; and
( 4 ) All of your affiliates.
( b ) If you fail to disclose this information, or provide false information, the Inter-American Foundation may seek further criminal, civil or administrative action against you, as appropriate.
Amendment to Revolving Line of Credit Facility



 Exhibit 10.1 
  
 AMENDMENT TO REVOLVING LINE OF CREDIT AGREEMENT 
  
 AMENDMENT TO REVOLVING LINE OF CREDIT AGREEMENT is made and effective as of November 1 2005 (the “Effective
Date”) by and between C-COR INCORPORATED (“C-Cor”), BROADBAND CAPITAL CORPORATION (“Broadband” and, together with C-Cor, collectively the “Borrower”), and CITIZENS BANK OF PENNSYLVANIA (the
“Bank”). 
  
 WHEREAS, the Borrower and the Bank have
entered into a certain Revolving Line of Credit Agreement dated as of November 5, 2004 (as amended, modified or supplemented from time to time, hereinafter referred to as the “Loan Agreement”); and 
  
 WHEREAS, the Borrower and the Bank desire to amend the Loan Agreement in
certain respects as hereinafter provided 
  
 NOW, THEREFORE, for
good and valuable consideration the receipt and sufficiency of which is hereby acknowledged and intending to be legally bound, the Bank and the Borrower hereby agree as follows: 
  
 1. The Loan Agreement is hereby amended by deleting the definition of “Commitment Period” therefrom in its
entirety and substituting in lieu thereof the following: 
  
 “Commitment Period: From the date hereof to but 
 not including November 4, 2006” 
  
 2. Capitalized terms used herein which are not defined herein shall have the
meaning assigned to such terms in the Loan Agreement. Except as amended hereby, all of the provisions of the Loan Agreement shall remain unchanged; shall continue in full force and effect; and are hereby ratified and confirmed in all respects. From
and after the Effective Date all references in the Loan Agreement to “this Agreement” (and all indirect references such as “herein”, “hereby”, “hereunder”, and “hereof) shall be deemed to refer to the
Loan Agreement, as amended by this Amendment. 
  
 IN WITNESS
WHEREOF, the parties hereto, intending to be legally bound, have executed this Amendment to Revolving Line of Credit Agreement as of the day and date first above written. 
  

			
	C-COR INCORPORATED
		
	 By:
	 	/s/    WILLIAM T.
HANELLY        
	 Name:
	 	William T. Hanelly
	 Title:
	 	Chief Financial Officer












			
	BROADBAND CAPITAL CORPORATION
		
	 By:
	 	/s/    GEORGE M.
SAVERENO        
	 Name:
	 	George M. Savereno
	 Title:
	 	President
	
	CITIZENS BANK OF PENNSYLVANIA
		
	 By:
	 	/s/    JOSEPH F. KING        
	 Name:
	 	Joseph F. King
	 Title:
	 	Senior Vice President


  

 2
**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 MarkWestHydrocarbon, Inc. (the “Company”), on Form 10-Q for the period ending June 30,2003 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Donald C. Heppermann, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 ofthe Sarbanes-Oxley Act of 2002, that:

 

(1)          The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934.

 

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

 

 
| /s/ Donald C. Heppermann |   |
|--------------------------|--------|
|                     |
| Donald C. Heppermann     |
| Chief Financial Officer  |
| August 14, 2003          |

 

 

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BYSECTION 906 HAS BEEN PROVIDED TO MARKWEST HYDROCARBON, INC. AND WILL BERETAINED BY MARKWEST HYDROCARBON, INC. AND FURNISHED TO THE SECURITIES ANDEXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.

 

----
§ 1508.840 How is fact-finding conducted? ( a ) If fact-finding is conducted— ( 1 ) You may present witnesses and other evidence, and confront any witness presented; and
( 2 ) The fact-finder must prepare written findings of fact for the record.
( b ) A transcribed record of fact-finding proceedings must be made, unless you as a respondent and the African Development Foundation agree to waive it in advance. If you want a copy of the transcribed record, you may purchase it.
Exhibit 10.2


 


2005
INCENTIVE COMPENSATION PLAN


PERFORMANCE
TARGETS


 


Officers and Executives:


 


Intent:  To
provide a long term and a short-term incentive for retention and to align
goals.


 


Short-term
Incentive Component


 


Measurement Criteria:  Award
based on achieving operating income budgeted plans of MarkWest Hydrocarbon Inc.
(“MarkWest Hydrocarbon”) and MarkWest Energy Partners, L.P. (“MarkWest Energy”),
and on department/individual goals and performance, with each criterion
weighted based on individual and department responsibilities to align
performance and goals.


 


Threshold:  The
payout of incentive awards is contingent upon EBITDA (earnings before interest,
taxes, depreciation, depletion and amortization) being a minimum of 90% of
target for both MarkWest Energy and MarkWest Hydrocarbon.


 


Incentive Award Range:  The
incentive award range is set from 30% to 50% of base salary depending on level
and performance achievement, with opportunity for stretch incentive awards in
the range of 20% to 50% if stretch performance is achieved.


 


Payout:  Cash.


 


Long-term
Incentive Component


 


Intent:  To align long-term interests and to enable
executives to develop and maintain a significant long-term ownership position
in the business, as well as to attract, retain and reward executive officers
whose contributions are critical to long-term success.


 


Measurement Criteria:  Award
based on achieving operating income budgeted plans of MarkWest Hydrocarbon and
MarkWest Energy and department/individual goals and performance, with each
criteria weighted based on individual and department responsibilities to align
performance and goals.


 


Incentive Award Range:  The
incentive award range is set from 30% to 50% of base salary depending on level
and performance achievement, with opportunity for stretch incentive.


 


Payout:  MarkWest
Hydrocarbon restricted shares or MarkWest Energy phantom shares. 
Share/Units will vest over a three year period.
1

BECKHAM, LISA

From: Shepherd, Don <don_shepherd@nps.gov>

Sent: Monday, July 21, 2014 4:11 PM

To: BECKHAM, LISA

Subject: Re: FW: Revised Four Corners Power Plant SCR Project PSD Application

Lisa, 

Q is actually the total of SO2, NOx, PM10 and H2SO4 for the entire facility--existing and new sources. In this 

case, due to the large reductions in emissions, Q is decreasing and we do not need any additional AQRV 

analyses. 

On Fri, Jul 18, 2014 at 5:27 PM, BECKHAM, LISA <BECKHAM.LISA@epa.gov> wrote: 

Hi Don- Just checking in on your timing – John had said you would try to get back to me yesterday. 

From: BECKHAM, LISA 

Sent: Wednesday, July 16, 2014 3:42 PM 

To: John_Notar@nps.gov; Don Shepherd 

Subject: FW: Revised Four Corners Power Plant SCR Project PSD Application 

 

Hi John and DonAttached are the documents AECOM made available on their FTP site. 

Lisa Beckham

Environmental Engineer

Air Permits Office

EPA Region 9

(415) 972-3811
2

From: Head, Sara [mailto:Sara.Head@aecom.com] 

Sent: Monday, April 28, 2014 4:18 PM 

To: BECKHAM, LISA; Rios, Gerardo; Bohning, Scott; Lyons, Ann; John_Notar@nps.gov; rbisht@navajo-nsn.gov

Cc: Mark.Hajduk@aps.com; Charles.Spell@aps.com; Richard.Grimes@aps.com; Neal.Brown@aps.com; 

Michael.Kafka@pinnaclewest.com; Alan.Papp@aps.com; Hall, Bob; Dietrich, Ellen; Paine, Bob 

Subject: Revised Four Corners Power Plant SCR Project PSD Application 

 

Lisa –

Below are links to the revised PSD application for the FCPP SCR Retrofit Project PSD as discussed between EPA and 

APS. As noted in the cover letter, emissions netting has been applied and now only H2SO4 is PSD applicable, and hence 

no dispersion modeling is required. This application is standalone and completely replaces the two prior submittals in 

October 2013 and March 2014. 

Mark Hajduk is planning to send one complete hard copy of the application to you (and one to Navajo Nation EPA). 

Please let Mark Hajduk (email above or phone number in the cover letter) or I know if you have any questions.

Sara

Sara J. Head, QEP

Vice President 

Environment

D 805-233-3995 M 805-320-8059

sara.head@aecom.com

AECOM 

1220 Avenida Acaso, Camarillo, CA 93012

T 805-388-3775 F 805-388-3577

www.aecom.com 
3

These files will be available for download until 5/5/2014

File Description Size

140428_SCR PSD Letter(signed).pdf Cover Letter 1,127KB

FCPP SCR PSD Application-April 2014.pdf Revised PSD Application 7,546KB

Download all files (.zip)

If you are having trouble accessing the links in this email, you can view this message as a web page by copying the following link and 

pasting it into your browser: 

https://sendfiles.aecom.com/message.aspx?msgId=9da0d651-dd74-452f-9e61-f74d6d7c4d5e&u=sara.head%40aecom.com

If you have any questions, please contact your project manager.

-- 

Don Shepherd 

National Park Service 

Air Resources Division 

12795 W. Alameda Pkwy. 

Lakewood, CO 80228 

Phone: 303-969-2075 

Fax: 303-969-2822 

E-Mail: don_shepherd@nps.gov

"the man who really counts in the world is the doer, not the mere critic" TR 1891
#### § 1509.210 To whom must I distribute my drug-free workplace statement?

You must require that a copy of the statement described in § 1509.205 be given to each employee who will be engaged in the performance of any Federal award.
### §263a–3. Accreditation organizations

#### (a) Approval of accreditation organizations

Not later than 2 years after October 24, 1992, the Secretary, through the Centers for Disease Control, shall promulgate criteria and procedures for the approval of accreditation organizations to inspect and certify embryo laboratories. The procedures shall require an application to the Secretary by an accreditation organization for approval. An accreditation organization which has received such an approval—

(1) may be used by States in the certification program under section 263a–2 of this title to inspect and certify embryo laboratories, or

(2) may certify embryo laboratories in States which have not adopted such a certification program.

#### (b) Criteria and procedures

The criteria and procedures promulgated under subsection (a) shall include—

(1) requirements for submission of such reports and the maintenance of such records as the Secretary or a State may require, and

(2) requirements for the conduct of inspections under section 263a–2(h) 1 of this title.

#### (c) Evaluations

The Secretary shall evaluate annually the performance of each accreditation organization approved by the Secretary by—

(1) inspecting under section 263a–2(i) 2 of this title a sufficient number of embryo laboratories accredited by such an organization to allow a reasonable estimate of the performance of such organization, and

(2) such other means as the Secretary determines to be appropriate.

#### (d) Transition

If the Secretary revokes approval under section 263a–2(i)(3)(D) 3 of this title of an accreditation organization after an evaluation under subsection (c), the certification of any embryo laboratory accredited by the organization shall continue in effect for 60 days after the laboratory is notified by the Secretary of the withdrawal of approval, except that the Secretary may extend the period during which the certification shall remain in effect if the Secretary determines that the laboratory submitted an application to another approved accreditation organization for certification after receipt of such notice in a timely manner.

(Pub. L. 102–493, §4, Oct. 24, 1992, 106 Stat. 3150.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Fertility Clinic Success Rate and Certification Act of 1992, and not as part of the Public Health Service Act which comprises this chapter.

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

#### Change of Name

Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, §312, Oct. 27, 1992, 106 Stat. 3504.

#### Effective Date

Section effective upon expiration of 2 years after Oct. 24, 1992, see section 9 of Pub. L. 102–493, set out as a note under section 263a–1 of this title.

1 So in original. Probably should be section "263a–2(g)".

2 So in original. Probably should be section "263a–2(h)".

3 So in original. Probably should be section "263a–2(h)(3)(D)".
#### § 1104.11 Relationship to section 106 of the National Historic Preservation Act.

Issuance of a permit in accordance with the Act and this part does not constitute an undertaking requiring compliance with section 106 of the Act of October 15, 1966 (16 U.S.C. 470f). However, the mere issuance of such a permit does not excuse the Commissioner from compliance with section 106 where otherwise required.