alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6668 JOHN IBARRA, Plaintiff - Appellant, versus KATHY HAWKS; GIL INGRAM; JIM BRAND; GEORGE KERNEY; JOHN FANELLO; MIKE PETTIFORD; STEVE LABIER; DOCTOR DALUGA; MR. GOMEZ; THE UNITED STATES FOR THE USE AND BENEFIT OF C. ROGER JENNINGS, d/b/a Jennings Concrete Contractors; FEDERAL BUREAU OF PRISONS, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at B eaufort. Henry M. Herlong, Jr., District Judge. (CA-95-190-9-20-JC) Submitted: December 12, 1996 Decided: December 19, 1996 Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges. Affirmed by unpublished per curiam opinion. John Ibarra, Appellant Pro Se. Barbara Murcier Bowens, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying relief on his complaint brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971). We have reviewed the record and the district court's opinion accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm largely on the reasoning of the district court. Ibarra v. Hawks , No. CA-95-190-9-20-JC (D.S.C. Feb. 26,1996). We note only that while the district court may have overlooked one of Appellant's objections to the magistrate judge's report, Appellant failed to demonstrate a genuine issue of materialfact regarding that claim, and therefore the grant of summary judgment in favor of the Defendants was appropriate. We dispense withoral 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
### §9702. Definitions

For purposes of this chapter—

(1) the term "Secretary" means the Secretary of Energy;

(2) the term "Government agency" means any department, agency, commission, or independent establishment in the executive branch of the Federal Government, or any corporation, wholly or partly owned by the United States, which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Federal Government;

(3) the term "Commission" means the Nuclear Regulatory Commission; and

(4) the term "Advisory Committee" means the Advisory Committee on Reactor Safeguards established by section 2039 of this title.

(Pub. L. 96–567, §3, Dec. 22, 1980, 94 Stat. 3329.)
Document

FOURTH AMENDMENT
TO THE
MDU RESOURCES GROUP, INC.
401(k) RETIREMENT PLAN




The MDU Resources Group, Inc. 401(k) Retirement Plan (the “Plan”), as most recently amended and restated effective April 1, 2020 is hereby further amended by this Fourth Amendment effective as of January 1, 2022, as follows:


By adding the following paragraphs in Section C.1-2 Eligibility of Schedule C.1 Retirement Contributions – Certain Participating Affiliates and Section C.2-2 Eligibility of Schedule C.2 Retirement Contributions – MDU Resources Group, Inc. and Certain Participating Affiliates:


Notwithstanding the foregoing, eligible employees of Cascade Natural Gas Corporation, Great Plains Natural Gas Co., Intermountain Gas Company, Knife River Corporation, MDU Construction Services Group, Inc., MDU Resources Group, Inc., Montana-Dakota Utilities Co., WBI Energy, Inc., WBI Energy Midstream, LLC, and WBI Energy Transmission, Inc. who are compensated for 960 hours or more through June 30, 2022 will receive a pro-rata allocation mid-year based on compensation paid through June 30, 2022.




IN WITNESS WHEREOF, MDU Resources Group, Inc., as Sponsoring Employer of the Plan, has caused this amendment to be duly executed by a member of the MDU Resources Group, Inc. Employee Benefits Committee on this day 17th of August, 2022.




MDU RESOURCES GROUP, INC.
EMPLOYEE BENEFITS COMMITTEE




By: /s/ Jason L. Vollmer           
Jason L. Vollmer, Chairman
§ 92.33 Execution of certificate of acknowledgment. ( a ) *When certificate should be executed.* A notarizing officer should execute a certificate of acknowledgment immediately after the parties to the instrument have made their acknowledgment. Allowing several days or weeks to elapse between the time the acknowledgment is made and the certificate executed is undesirable, even though the officer may remember the acknowledgment act.
( b ) *Venue.* The venue must be shown as prescribed in § 92.14.
( c ) *Date.* The date in the certificate must be the date the acknowledgment was made. This is not necessarily the same as the date the instrument was executed. In fact, there is no reason why an instrument may not be acknowledged a year or more after the date of its execution, or at different times and places by various grantors.
( d ) *Names of parties.* The name or names of the person or persons making the acknowledgment should appear in the certificate in the same form as they are set out in the acknowledged document, and in the same form as their signature on the instrument.
( e ) *Additional statements.* When executing a certificate of acknowledgment on Form FS-88, the notarizing officer may include any necessary additional statements in the blank space below the body of the certificate.
( f ) *Signing and sealing certificate.* The certificate of acknowledgment shall be signed and sealed as prescribed in §§ 92.15 and 92.16.
[22 FR 10858, Dec. 27, 1957, as amended at 60 FR 51723, Oct. 3, 1995]
ex10-2.htm


Exhibit 10.2


 


THIRTEENTH AMENDMENT OF


AMENDED AND RESTATED PARTICIPATION AGREEMENT


 


This Thirteenth Amendment of the Amended and Restated Participation Agreement (the “Amendment”) is made and entered into as of this 1st day of September, 2010, by and between and Union Bank and Trust Company, a Nebraska banking corporation and trust company, solely in its capacity as trustee of various grantor trusts known as Short Term Federal Investment Trusts or other grantor trusts (“Union Bank”) and National Education Loan Network, Inc., a Nevada corporation (“Nelnet”).







WHEREAS, the parties hereto entered into that certain Amended and Restated Participation Agreement dated as of June 1, 2001, as amended (the “Agreement”), and the parties hereto wish to amend the Agreement under the terms set forth herein.







NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants herein contained, the parties hereto agree as follows:







1.           Definitions.  Unless otherwise expressly stated herein, capitalized terms in this Amendment shall have the same meanings given to them in the Agreement.







2.           Applicability to Affiliates.  All of Nelnet’s rights, duties and obligations hereunder shall apply in all respects to its parent, Nelnet, Inc., and any and all direct or indirect subsidiaries thereof, which shall include but not limit the right of such affiliates of Nelnet to transfer participations to Union Bank.







3.           Effect of Amendment.  This Amendment shall be effective as of the date first set forth above. Unless expressly modified or amended by this Amendment, all terms and provision contained in the Agreement shall remain in full force and effect without modification.


 


 




	Union Bank and Trust Company, as Trustee  	 	National Education Loan Network, Inc.	 
	 	 	 	 	 
	 	 	 	 	 
	By: 	
/s/ Tom Sullivan

	 	By:	
/s/ Terry Heimes

	 
	Title:	Vice President	 	 	Chief Financial Officer
#### Paul J. Rickett, Appellant, v. State of New York, Respondent. Margaret R. Rickett, Appellant, v. State of New York, Respondent.

Motion for permission to appeal to the Court of Appeals denied, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
### §7590. General provisions

#### (a) State refueling facilities

If any State adopts enforceable provisions in an implementation plan applicable to a nonattainment area which provides that existing State refueling facilities will be made available to the public for the purchase of clean alternative fuels or that State-operated refueling facilities for such fuels will be constructed and operated by the State and made available to the public at reasonable times, taking into consideration safety, costs, and other relevant factors, in approving such plan under section 7410 of this title and part D,1 the Administrator may credit a State with the emission reductions for purposes of part D 1 attributable to such actions.

#### (b) No production mandate

The Administrator shall have no authority under this part to mandate the production of clean-fuel vehicles except as provided in the California pilot test program or to specify as applicable the models, lines, or types of, or marketing or price practices, policies, or strategies for, vehicles subject to this part. Nothing in this part shall be construed to give the Administrator authority to mandate marketing or pricing practices, policies, or strategies for fuels.

#### (c) Tank and fuel system safety

The Secretary of Transportation shall, in accordance with chapter 301 of title 49, promulgate applicable regulations regarding the safety and use of fuel storage cylinders and fuel systems, including appropriate testing and retesting, in conversions of motor vehicles.

#### (d) Consultation with Department of Energy and Department of Transportation

The Administrator shall coordinate with the Secretaries of the Department of Energy and the Department of Transportation in carrying out the Administrator's duties under this part.

(July 14, 1955, ch. 360, title II, §250, as added Pub. L. 101–549, title II, §229(a), Nov. 15, 1990, 104 Stat. 2528.)

#### **Editorial Notes**

#### Codification

In subsec. (c), "chapter 301 of title 49" substituted for "the National Motor Vehicle Traffic Safety Act of 1966 [15 U.S.C. 1381 et seq.]", meaning "the National Traffic and Motor Vehicle Safety Act of 1966 [15 U.S.C. 1381 et seq.]", on authority of Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

1 So in original. Probably should refer to part D of subchapter I.
Exhibit 32.1

(a) Certification of Quarterly Report by Chief Executive Officer.

                            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 GraphOn Corporation (the
"Company") on Form 10-Q for the period ended June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Dilworth, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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.

                                             /s/ Robert Dilworth
                                             -------------------
                                             Robert Dilworth
                                             Chief Executive Officer
                                             August 14, 2009



<PAGE>


(b) Certification of Quarterly Report by Chief Financial Officer.


                            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 GraphOn Corporation (the
"Company") on Form 10-Q for the period ended June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
Swain, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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.

                                             /s/ William Swain
                                             -----------------
                                             William Swain
                                             Chief Financial Officer
                                             August 14, 2009
### §1600k. Notices and existing laws

#### (a) Provisions relating to construction work, liability for damage, etc., on Mississippi River; notice to lessees

(1) Nothing in this chapter shall alter or affect in any way the provisions of section 702c of title 33.

(2) The Secretary shall provide notice of the provisions of section 702c of title 33 and this chapter to all existing and prospective lessees of lands leased by the United States and within the Colorado River Floodway.

#### (b) National Flood Insurance Act and National Flood Insurance Program; continuation

Except as otherwise specifically provided in this chapter, all provisions of the National Flood Insurance Act of 1968, as amended [42 U.S.C. 4001 et seq.], and requirements of the National Flood Insurance Program ("NFIP") shall continue in full force and effect within areas wholly or partially within the Colorado River Floodway. Any maps or other information required to be prepared by this chapter shall be used to the maximum extent practicable to support implementation of the NFIP.

#### (c) National Flood Insurance Act provisions relating directly to Floodway; notice to communities affected

The Secretary shall publish notice on three successive occasions in newspapers of general circulation in communities affected by the provisions of section 4029 of title 42.

(Pub. L. 99–450, §14, Oct. 8, 1986, 100 Stat. 1136.)

#### **Editorial Notes**

#### References in Text

The National Flood Insurance Act of 1968, referred to in subsec. (b), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to chapter 50 (§4001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 42 and Tables.
#### Roberta Hayes, Respondent, v Staten Island University Hospital, Appellant.

[834 NYS2d 274]

In an action, inter alia, to recover damages for breach of contract, breach of implied contract, and violation of Labor Law § 740, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County (Giacobbe, J.), entered May 4, 2006, as denied those branches of its motion which were pursuant to CPLR 3211 (a) (7) to dismiss the first and third causes of action alleging breach of contract and breach of implied contract, respectively.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion which were to dismiss the first and third causes of action are granted.

After being terminated from her employment with the defendant Staten Island University Hospital (hereinafter the Hospital), the plaintiff commenced this action alleging, inter alia, breach of contract, breach of implied contract (hereinafter collectively the contract causes of action), and violation of Labor Law § 740. Following joinder of issue, the Hospital moved to dismiss the complaint, arguing, inter alia, that the plaintiff waived her right to assert the contract claims by alleging a violation of Labor Law § 740. The Supreme Court failed to address that argument but denied on other grounds those branches of the Hospital’s motion which were to dismiss the contract causes of action. We reverse.

Since the contract causes of action arise from the allegedly unlawful discharge, the Supreme Court should have dismissed those causes of action pursuant to Labor Law § 740 (7), which provides that “the institution of an action in accordance with this section shall be deemed a waiver of the rights and remedies available under any other contract, collective bargaining agreement, law, rule or regulation or under the common law” (see *Pipia v Nassau County,*34 AD3d 664, 667 [2006]; *Bordan v North Shore Univ. Hosp.,*275 AD2d 335, 336 [2000]; *Pipas v Syracuse Home Assn.,*226 AD2d 1097, 1097 [1996]; *cf. Kraus v Brandstetter,*185 AD2d 302, 302-303 [1992]). In addition, the *594plaintiffs attempt to amend the complaint to exclude the Labor Law § 740 cause of action did not nullify the waiver *(see Pipia v Nassau County, supra; Rotwein v Sunharbor Manor Residential Health Care Facility,*181 Misc 2d 847 [1999]). Miller, J.P., Mastro, Ritter and Balkin, JJ., concur.
# ShakeMap

  ShakeMap is a product of the USGS Earthquake Hazards Program in conjunction with the regional seismic networks. ShakeMaps provide near-real-time maps of ground motion and shaking intensity following significant earthquakes. These maps are used by federal, state, and local organizations, both public and private, for post-earthquake response and recovery, public and scientific information, as well as for preparedness exercises and disaster planning.

### ShakeMaps, Past 7 Days

view          the raw data here

#### Real-time Feeds

#### By Network (Past 30 Days)

        -            Southern California 
        -              Northern California 
        -           Pacific Northwest 
        -           Nevada 
        -           Utah 
        -           Hawaii 
        -           Alaska 
        -           New Madrid 
        -           Global/NEIC 

        -  Search ShakeMap Archives  Search for events with ShakeMaps. The Search form link from here is already configured to return only events with ShakeMap products. You enter additional search parameters. The default time window is the past 30 days. 
        -  Atlas  The ShakeMap Atlas (~14,100 events, 1900-2019) provides a consistent and quantitative description of the distribution of shaking intensity for calibrating global earthquake loss estimation methodologies used in PAGER. 
        -  Scenarios  Earthquake Scenarios describe the expected ground motions and effects of specific hypothetical large earthquakes. 
        -  ShakeMap Manual  USGS Publication - technical manual, user's guide, and software guide. For an overview of ShakeMap, see the ShakeMap – A Tool for Earthquake Response factsheet. 
        -  ShakeCast            An application for automating ShakeMap delivery to critical users and for facilitating notification of shaking levels at user-selected facilities.         

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Open-File Report 2007–1390

**U.S. GEOLOGICAL SURVEY  Open-File Report 2007–1390**

# Water Quality in the Tanana River Basin, Alaska, Water Years 2004–06

**Prepared in cooperation with the Alaska Department of Environmental Conservation  By Edward H. Moran**

####  Download the report (PDF, 1 MB) 

## Table of Contents

Conversion Factors, Datums, and Abbreviations

Overview

Introduction

Sampling Locations and Subbasin Characteristics

Water-Quality Data

Acknowledgments

References Cited

## Figures

Figure 1. Location of water-quality sampling sites in the Tanana River basin, Alaska.

## Tables

The tables distributed with this report are Microsoft Excel® spreadsheets and are available below.

Table 1. Summary of site characteristics at sampling locations in the Tanana River basin, Alaska.

Table 2. Basin characteristics of sampled subbasins in the Tanana River basin, Alaska.

Table 3. Summary of standard analytical methods and references.

Table 4. Water-quality data for sites sampled in 2004 in the Tanana River basin, Alaska.

Table 5. Water-quality data for sites sampled in 2005 in the Tanana River basin, Alaska.

Table 6. Water-quality data for sites sampled in 2006 in the Tanana River basin, Alaska.

This report is available online in Portable Document Format (PDF). If you do not  have the **Adobe  Acrobat PDF Reader**, it is available for free download from Adobe Systems Incorporated.

####  Download the report (PDF, 1 MB) 

Document Accessibility:  Adobe Systems Incorporated has information about PDFs and the visually impaired.  This information provides tools to help make PDF files accessible. These tools  convert Adobe PDF documents into HTML or ASCII text, which then can be read  by a number of common screen-reading programs that synthesize text as audible  speech. In addition, an accessible version of Acrobat Reader 7.0 for Windows  (English only), which contains support for screen readers, is available. These  tools and the accessible reader may be obtained free from Adobe at **Adobe Access**.

For more information about USGS activities in Alaska, visit the **USGS Alaska Science Center home page**.

AccessibilityFOIAPrivacyPolicies and Notices

U.S. Department of the Interior | U.S. Geological Survey  URL: https://pubs.usgs.gov/of/2007/1390  Page Contact Information: Publications TeamPage Last Modified: Wednesday, 07-Dec-2016 20:30:02 EST
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SECTION  CONTAINS  SUMMARY  FINANCIAL   INFORMATION   EXTRACTED  FROM  ARC
COMMUNICATIONS  INC.'S FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED MARCH 31,
2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

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<CASH>                                         431,000
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<SALES>                                        1,194,000
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<INCOME-PRETAX>                                186,000
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</TABLE>