alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Leni H. Muster, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board. Claimant was employed as a model, but becoming pregnant, lost this job temporarily and filed a claim for unemployment insurance benefits. The initial determination by the Commissioner, based on proof that her only training and experience was in modeling, was that she was ineligible. She appealed this determination and on the hearing before the Referee she testified that she had training as a dress designer and also that she had actual experience as a clerk-stenographer. In her initial questionnaire and interview she disclosed merely that she had been a model. Her testimony before the Referee disclosed that she had had training as a designer in a designing school in New York, but although she had designed one robe for the employer for whom she worked as a model, which was accepted, she had never actually had experience as a paid designer. She testified that she limited her search for a job to designing. The Referee ruled that claimant had unduly restricted her search for a job designing, and that her actual experience 'in this field was so limited, that she should have sought employment as a clerk-stenographer, a field in which she had had actual experience. This seems a reasonable view of the facts in the case. Decision of the Unemployment Insurance Appeal Board affirming the Referee is unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
Department of Homeland Security 

Office of Inspector General 

Improvements Necessary in DHS' Security 


Program and Practices For Its 


Intelligence Systems 


(Unclassified Summary) 


OIG-10-30 December 2009 
Office of Inspector General 

Improvements Necessary in DHS’ Security Program and Practices For Its 

Intelligence Systems 

OIG-10-30 

We reviewed the Department of Homeland Security’s enterprise-wide security program 

and practices for its Top Secret/Sensitive Compartmented Information intelligence 

systems. Pursuant to Federal Information Security Management Act of 2002, we 

reviewed the department’s security management, implementation, and evaluation of its 

intelligence activities, including its policies, procedures, and system security controls for 

enterprise-wide intelligence systems. In doing so, we assessed the department’s Plan of 

Action and Milestones, certification and accreditation, privacy, and incident reporting 

processes, as well as its security training and awareness program. 

The department continues to maintain an effective enterprise-wide information security 

management program for its intelligence systems. Overall, information security 

procedures have been documented and adequate security controls have been 

implemented. Nonetheless, management oversight and operational issues remain 

regarding the effectiveness of the program. Concerns with the Plan of Action and 

Milestones process and the implementation of a formal information system security 

training and awareness program for intelligence personnel still exist. An Authority to 

Operate has not been granted for the primary intelligence system at U.S. Coast Guard and 

U.S. Secret Service. We recommended that the Under Secretary for Intelligence and 

Analysis address the open recommendations that we identified during our review. 

Fieldwork was conducted from May through August 2009. (OIG-10-30, December 2009, 

IT) 
ADDITIONAL INFORMATION AND COPIES 

To obtain additional copies of this report, please call the Office of Inspector General (OIG) at (202) 254-4100, 

fax your request to (202) 254-4305, or visit the OIG web site at www.dhs.gov/oig. 

OIG HOTLINE 

To report alleged fraud, waste, abuse or mismanagement, or any other kind of criminal or noncriminal 

misconduct relative to department programs or operations: 

• Call our Hotline at 1-800-323-8603; 

• Fax the complaint directly to us at (202) 254-4292; 

• Email us at DHSOIGHOTLINE@dhs.gov; or 

• Write to us at: 

DHS Office of Inspector General/MAIL STOP 2600, 

Attention: Office of Investigations - Hotline, 

245 Murray Drive, SW, Building 410, 

Washington, DC 20528. 

The OIG seeks to protect the identity of each writer and caller.
### §285f–2. Research and research training regarding tuberculosis

In carrying out section 285f of this title, the Director of the Institute shall conduct or support research and research training regarding the cause, diagnosis, early detection, prevention and treatment of tuberculosis.

(July 1, 1944, ch. 373, title IV, §447A, formerly §447, as added Pub. L. 103–183, title III, §302(a), Dec. 14, 1993, 107 Stat. 2235; renumbered §447A, Pub. L. 105–392, title IV, §401(b)(3), Nov. 13, 1998, 112 Stat. 3587; amended Pub. L. 109–482, title I, §103(b)(27), Jan. 15, 2007, 120 Stat. 3688.)

#### **Editorial Notes**

#### Amendments

2007—Pub. L. 109–482 struck out subsec. (a) designation before "In carrying out" and subsec. (b) which read as follows: "For the purpose of carrying out subsection (a) of this section, there are authorized to be appropriated $50,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. Such authorization is in addition to any other authorization of appropriations that is available for such purpose."

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

#### Effective Date of 2007 Amendment

Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.

#### Research Through Food and Drug Administration

Pub. L. 103–183, title III, §303, Dec. 14, 1993, 107 Stat. 2235, provided that: "The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall implement a tuberculosis drug and device research program under which the Commissioner may—

"(1) provide assistance to other Federal agencies for the development of tuberculosis protocols;

"(2) review and evaluate medical devices designed for the diagnosis and control of airborne tuberculosis; and

"(3) conduct research concerning drugs or devices to be used in diagnosing, controlling and preventing tuberculosis."
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention 

# AGENCY:

Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). 

# ACTION:

Notice. 

# SUMMARY:

The Department of Health and Human Services gives notice of a decision to evaluate a petition submitted on behalf of a class of employees at the Mallinckrodt Chemical Company, Destrehan Street Plant, in Saint Louis, Missouri to determine whether all or some part of the class should be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: 

*Facility:*                         Mallinckrodt Chemical Company, Destrehan Street Plant, Saint Louis, Missouri.                     

*Locations:*                         All locations in the Destrehan Street Plant.                     

*Job Titles and/or Job Duties:*                         All employees that conducted Atomic Energy Commission (AEC) work at the Destrehan Street Plant.                     

*Period of Employment:*                         1942-1957.                     

# FOR FURTHER INFORMATION CONTACT:

                        Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health, 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to                         *OCAS@CDC.GOV*.                     

Dated: December 13, 2004. 

James D. Seligman, 

Associate Director for Program Services, Centers for Disease Control and Prevention. 

[FR Doc. 04-27812 Filed 12-17-04; 8:45 am] 

BILLING CODE 4163-19-P
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER





I, Richard C. Ford, Chief Executive Officer of Puradyn Filter Technologies
Incorporated ("the Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

1.       The quarterly Report on Form 10-QSB of the Company for the quarter
         ended March 31, 2004 (the "Report") fully complies with the
         requirements of Section 13(a) of the Securities Exchange Act of 1934
         (15 U.S.C.78m); and

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

                                                May 14, 2004



                                                /s/ Richard C. Ford
                                                ------------------------
                                                Name: Richard C. Ford
                                                Title: Chief Executive Officer
```

[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Rules and Regulations]
[Pages 75861-75862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27798]

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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-3705; MB Docket No. 04-220, RM-10861]

Radio Broadcasting Services; Clayton and Raton, NM

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Audio Division, at the request of Clayton Community 
Broadcasters, allots Channel 248C1 to Clayton, New Mexico, as its 
second FM commercial aural broadcast service. See 69 FR 35563, June 25, 
2004. To accommodate the Clayton allotment, we are deleting Channel 
248C1 at Raton, New Mexico because there was no expression of interest 
in the allotment. Channel 248C1 can be allotted to Clayton in 
compliance with the Commission's spacing requirements without a site 
restriction at coordinates 36-27-00 NL and 103-10-54 WL. A filing 
window for Channel 248C1 at Clayton, New Mexico, will not be opened at 
this time. Instead, the issue of opening a filing window for this 
channel will be addressed by the Commission in a subsequent order.

DATES: Effective January 18, 2005.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 04-220, adopted December 1, 2004, and 
released

[[Page 75862]]

December 3, 2004. The full text of this Commission decision is 
available for inspection and copying during regular business hours at 
the FCC's Reference Information Center, Portals II, 445 Twelfth Street, 
SW., Room CY-A257, Washington, DC 20554. The complete text of this 
decision may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20054, telephone 1-800-378-3160 or http://www.BCPIWEB.com. The Commission will send a copy of this Report and 
Order in a report to be sent to Congress and the General Accounting 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.

Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under New Mexico, is 
amended by adding Channel 248C1 at Clayton and by removing Channel 
248C1 at Raton.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-27798 Filed 12-17-04; 8:45 am]
BILLING CODE 6712-01-P
```
#### In the Matter of the Arbitration between Jack Appel, Doing Business as Appel Contracting Company, Respondent, and Helen Gosnievski, Appellant.

Order unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. Present — Cohn, J. P., Breitel, Bastow, Botein and Bergan, JJ. [Order confirmed arbitration award in favor of respondent.]
### §300x–53. Additional requirements

#### (a) In general

A funding agreement for a grant under section 300x or 300x–21 of this title is that the State involved will—

(1)(A) for the fiscal year for which the grant involved is provided, provide for independent peer review to assess the quality, appropriateness, and efficacy of treatment services provided in the State to individuals under the program involved; and

(B) ensure that, in the conduct of such peer review, not fewer than 5 percent of the entities providing services in the State under such program are reviewed (which 5 percent is representative of the total population of such entities);

(2) permit and cooperate with Federal investigations undertaken in accordance with section 300x–55 of this title; and

(3) provide to the Secretary any data required by the Secretary pursuant to subsections (c) and (d) of section 290aa–4 of this title and will cooperate with the Secretary in the development of uniform criteria for the collection of data pursuant to such section.

#### (b) Patient records

The Secretary may make a grant under section 300x or 300x–21 of this title only if the State involved has in effect a system to protect from inappropriate disclosure patient records maintained by the State in connection with an activity funded under the program involved or by any entity which is receiving amounts from the grant.

(July 1, 1944, ch. 373, title XIX, §1943, as added Pub. L. 102–321, title II, §203(a), July 10, 1992, 106 Stat. 404; amended Pub. L. 102–352, §2(a)(12), Aug. 26, 1992, 106 Stat. 939; Pub. L. 114–255, div. B, title VIII, §8003(1), Dec. 13, 2016, 130 Stat. 1232.)

#### **Editorial Notes**

#### Amendments

2016—Subsec. (a)(3). Pub. L. 114–255 substituted "subsections (c) and (d) of section 290aa–4 of this title" for "section 290aa–4 of this title".

1992—Subsec. (a)(3). Pub. L. 102–352 substituted "section 290aa–4 of this title" for "section 290bb–21 of this title".

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

#### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–352 effective immediately upon effectuation of amendment made by Pub. L. 102–321, see section 3(1) of Pub. L. 102–352, set out as a note under section 285n of this title.
#### UNITED STATES of America, Plaintiff-Appellee, v. Aquileo AYALA-FLORES, Defendant-Appellant.

No. 05-40741

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 3, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

On January 8, 2006, the Supreme Court vacated our judgment in this case and *334remanded the case to this court for further consideration in light of *Lopez v. Gonzales.*
      *1*
      **The defendant has served his term of imprisonment and has been deported, but he remains subject to a term of supervised release. Our disposition of this appeal is governed by this circuit’s binding precedent in *United States v. Rosenbaum-Alanis.*
      *2*

Because the defendant remains subject to a term of supervised release, however, he may still seek modification of the term of supervised release under 18 U.S.C. § 3583(e), which does not require his presence. We therefore DISMISS this appeal without prejudice to the defendant’s right to seek a modification of his term of supervised release.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *334published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

. - U.S. -, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006).

. 483 F.3d 381 (5th Cir.2007).
#### § 221.42 Notice.

Any communication to A.I.D. pursuant to this Guarantee shall be in writing in the English language, shall refer to the Israel Loan Guarantee Number inscribed on the Eligible Note and shall be complete on the day it shall be actually received by A.I.D. at the Office of Housing and Urban Programs, Bureau for Private Enterprise, Agency for International Development, Washington, DC 20523-0030. Other addresses may be substituted for the above upon the giving of notice of such substitution to each Noteholder by first class mail at the address set forth in the Note Register.
From: Bob Wright/RTP/USEPA/US

To: Elkins.Joe@epamail.epa.gov, Gary McAlister/RTP/USEPA/US@EPA, Conniesue Oldham/RTP/USEPA/US, Mich

Shanis/RTP/USEPA/US@EPA

Date: 01/31/2005 09:41 AM

Subject: Scott-Marrin's Suggestions about Revisions to EPA Traceability Protocol for Gaseous Calibration Standards

----- Forwarded by Bob Wright/RTP/USEPA/US on 01/31/2005 09:35 AM -----

Jack Marrin 

<jack@marrin.com>

01/30/2005 06:39 PM

To: Bob Wright/RTP/USEPA/US@EPA

cc:

Subject: EPAProtocolComments2004.doc

Dear Bob,

I have attached my comments to your recent request for EPA Protocol Gas suggestions.

I will call tomorrow to verify that you have received the document.

Thanks,

Jack Marrin, President

Scott-Marrin, Inc
#### The People of the State of New York, Respondent, v James Everett Moore, Appellant.

[717 NYS2d 898]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered May 19, 1997, convicting him of criminal possession of a weapon in the second degree, menacing in the second degree (two counts), and reckless endangerment in the second degree, and imposing sentence.

Ordered that the judgment is affirmed.

The resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses *(see, People v Gaimari,*176 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see, People v Garafolo,*44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence *(see,*CPL 470.15 [5]).

The defendant’s sentence was not excessive *(see, People v Suitte,*90 AD2d 80). Mangano, P. J., Luciano, Feuerstein and Schmidt, JJ., concur.
#### Frances M. Purdy et al., as Executors of Herbert McL. Purdy, Deceased, v. Fifth Madison Corporation.

Motion to dismiss appeal granted, with $10 costs, unless the appellants procure the record on appeal and appellants’ points to be served and filed on or before January 31, 1961, with notice of argument for the March 1961 Term of this court, said appeal to be argued or submitted when reached. Motion for leave to dispense with printing and for other relief denied. Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.
1

ALAN G. DOWLING,

A PROFESSIONAL CORPORATION

6049 Pomegranate Lane

Woodland Hills, CA 91403

Phone 818 679 6395

Fax 818 436 2117

Email agdowling@aol.com

June 14, 2010

Via E-Filing

Hon. Edward M. Chen, U.S. Magistrate Judge

U.S. District Court, Northern District of California 

450 Golden Gate Ave., 15th Floor, Courtroom C

San Francisco, CA 94102 

Re: Legal Additions LLC v. Kowalski et al.

USDC, ND CA, Case No. CV-08-2754 EMC

Dear Judge Chen:

I am writing at the instruction of your deputy courtroom clerk, Betty Lee, to 

confirm my request that I be permitted to take part in the further pretrial conference in the 

above-referenced matter, on Friday June 18, 2010, at 2:00 p.m. The purpose of the 

further pretrial conference, as I understand it, is for the court to rule on objections to 

further exhibits, and further motions in limine, as well as to complete any pretrial 

“housecleaning” matters that may have arisen since the hearing resulting in reinstatement 

of the jury. As such, given that as of now there are no further motions in limine, and only 

a limited number of additional exhibits have been proposed by Plaintiff, it appears the 

conference will be quite short.

If I have to attend in person, it will effectively take the entire day to travel from 

Los Angeles, for what will likely be a less than 30 minute conference. Since May 28th, I 

have been working with my doctor attempting to heal a substantial blood clot in my right 

leg, which has been severely swollen and quite painful, and I would like to avoid the 

extra air flight and extensive walking that would be necessitate by a trip on June 18th, 

given that I have to come again the following week. Moreover, my client, as the Court 

will doubtless recall from many past communications, filings and oral arguments, is 

impecunious, and I am already about to have to bear the out of pocket cost of appearing 

for jury trial for, in all likelihood, a week in San Francisco. I’d like to avoid this excess.

I would very much appreciate the Court granting me this courtesy of allowing me 

to participate in this extraordinary and short conference by telephone.

Very Truly Yours,

Alan G. Dowling

Alan G. Dowling

AGD/ss

Case 3:08-cv-02754-EMC Document 174 Filed 06/15/10 Page 1 of 1