alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §§86 to 88. Omitted

#### **Editorial Notes**

#### Codification

Sections 86 to 88, act Feb. 15, 1936, ch. 74, §§1–3, 49 Stat. 1140, related to conservation of domestic sources of tin, and were superseded by the Export Control Act of 1949 (former sections 2021 to 2032 of the former Appendix to this title) pursuant to section 10 of that Act (former section 2030 of the former Appendix to this title). The act of Feb. 15, 1936 was subsequently superseded by the Export Administration Act of 1969 (former sections 2401 to 2413 of the former Appendix to this title) pursuant to section 12 of that Act (former section 2411 of the former Appendix to this title). See, also, the Export Control Reform Act of 2018, which is classified principally to chapter 58 (§4801 et seq.) of this title.

Section 86, act Feb. 15, 1936, ch. 74, §1, 49 Stat. 1140, related to conservation of domestic resources of tin.

Section 87, act Feb. 15, 1936, ch. 74, §2, 49 Stat. 1140, related to prohibition of exportation except on license.

Section 88, act Feb. 15, 1936, ch. 74, §3, 49 Stat. 1140, related to penalties for violations of sections 86 and 87 of this title.
### §3349a. Presidential inaugural transitions

(a) In this section, the term "transitional inauguration day" means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office.

(b) With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring—

(1) 90 days after such transitional inauguration day; or

(2) 90 days after the date on which the vacancy occurs.

(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–615.)

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

#### Effective Date

Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
EXHIBIT 32



Certifications

Pursuant to
Section 906

Of the Sarbanes-Oxley Act of 2002

(18 U.S.C. Section 1350)



The
undersigned hereby certifies that based on their knowledge (i) the foregoing annual report on Form 10-K/A filed by Fountain Powerboat Industries, Inc. (the Company) for the year ended June 30, 2004, fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in that Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Fountain Powerboat Industries, Inc. and will be
retained by Fountain Powerboat Industries, Inc and furnished to the Securities and Exchange Commission or its staff upon request.



|                       |  |                                      
|---------------------- |  | -------------------------------------
|Date: October 12, 2005 |  | /S/ Reginald M. Fountain, Jr.        
|                       |  | Reginald M. Fountain, Jr.            
|                       |  | President and Chief Executive Officer
|                       | 
|Date: October 12, 2005 |  | /S/ Irving L. Smith                  
|                       |  | Irving L. Smith                      
|                       |  | Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          AUG-31-1997
<PERIOD-END>                               FEB-28-1997
<CASH>                                         223,265
<SECURITIES>                                   692,321
<RECEIVABLES>                                  234,585
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,067,894
<PP&E>                                       3,948,367
<DEPRECIATION>                               1,536,587
<TOTAL-ASSETS>                               3,573,576
<CURRENT-LIABILITIES>                           82,664
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       388,062
<OTHER-SE>                                   2,940,472
<TOTAL-LIABILITY-AND-EQUITY>                 3,573,576
<SALES>                                        377,517
<TOTAL-REVENUES>                               383,771
<CGS>                                                0
<TOTAL-COSTS>                                  310,488
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,502
<INCOME-PRETAX>                                 62,781
<INCOME-TAX>                                     9,579
<INCOME-CONTINUING>                             53,202
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    53,202
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
### §21133. Transfer of property, records, and personnel

#### (a) Property and records

The contracts, liabilities, records, property, and other assets and interests of, or made available in connection with, the offices and functions of the Federal Election Commission which are transferred by this subchapter are transferred to the Election Assistance Commission for appropriate allocation.

#### (b) Personnel

#### (1) In general

The personnel employed in connection with the offices and functions of the Federal Election Commission which are transferred by this subchapter are transferred to the Election Assistance Commission.

#### (2) Effect

Any full-time or part-time personnel employed in permanent positions shall not be separated or reduced in grade or compensation because of the transfer under this subsection during the 1-year period beginning on October 29, 2002.

(Pub. L. 107–252, title VIII, §803, Oct. 29, 2002, 116 Stat. 1726.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this subtitle", meaning subtitle A (§§801–804) of title VIII of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1725. For complete classification of subtitle A to the Code, see Tables.

#### Codification

Section was formerly classified to section 15533 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-95,132-01

EX P A RTE JOYCE LATRICE COBY, Applicant
ON AP P LICATION F OR A WRIT OF HABEAS CORP US CAUSE NO. 1387766-A IN THE 232ND DISTRICT COURT

F ROM HARRIS COUNTY
Per curiam . K

E E L , J., did not participate.

O P I N I O N Applicant plead ed g uilty to delivery o f cocaine and w a s sentenced to eig ht months’ imprisonment. Applicant d id not appeal her conviction. Applicant f iled this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See T E X . C O D E C R

I M . P R O C . art. 11.07. Applicant raises claims o f false evidence and involun t a r y p l e a related to the discovery of prior misconduct by f

ormer Houston Police Officer G erald Goines, who was the sole witness ag ainst Applicant in her c ase. B a sed on the record, the trial court h as determined that Applicant was denied due process by the use of f alse evidence ag ainst her and that her g ui l t y p l ea was involuntary
. Ex parte Mathews , 6 38 S.W .3d 685 (Tex
. Crim. A pp. 2022); Ex parte Coty , 418 S.W .3d 5 9 7 ( Tex
.2

Crim. App. 2014). The State and trial court both recommend g ranting relief. W e ag ree. Relief is g ranted. Ex parte Chabot , 300 S.W .3d 768, 772 ( Tex
. Crim. App. 2009); Brady v. United States , 397 U.S. 742 (1970). The judg ment in cause number 138776601010 in t h e 232nd District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to answer the charg es as set out in the information. T he trial court shall issue any necessary bench warrant within ten day s from the date of this Court’s mandate. Copies of this opinion shall be sent to the T e xa s D e p a r t m e n t o f C r i m i n al J u stice–Correctional I nstitutions Division and the B oard of Pardons and Paroles.
Delivered: November 15, 2023 Do not publish
### SUBCHAPTER I—MERIT SYSTEMS PROTECTION BOARD

#### **Editorial Notes**

#### Amendments

1989—Pub. L. 101–12, §3(b)(4), Apr. 10, 1989, 103 Stat. 31, inserted subchapter heading.
SET ASIDE and REMAND and Opinion Filed December 21, 2018 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-18-00959-CV SHANNELL YVONNE RICHARDS, Relator V. DAVID RICHARDS, Respondent On Appeal from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-50782-2017



### MEMORANDUM OPINION Before Justices Francis, Evans, and Schenck Opinion by Justice Francis Before the Court is the parties’ “Emergency Motion to Reverse a nd Remand for Judgment in Accordance with Amended Settlement Agreement.” In the motion , the parties state they have entered into an amended mediated settlement agreement in which they agreed, among other things, to dismiss this appeal. They request that, pursuant to Texas Ru le of Appellate Procedure 42.1(a)(2)(B), we set aside the tr ial court’s judgment without regard to the merits and remand the

case.–2– We grant the parties’ motion. We set aside the trial court’s Ju ne 8, 2018 Agreed Final Divorce Decree without regard to the merits and remand the case to the trial cour t for rendition of judgment in accordance with the parties’ Amended Mediated Settl ement Agreement. T EX
. R. A PP
. P. 42.1(a)(2)(B).

180959F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
SHANNELL YVONNE RICHARDS, Appellant
No. 05-18-00959-CV V. DAVID RICHARDS, Appellee On Appeal from the 469th Judicial District Court, Collin County, Texas Trial Court Cause No. 469-50782-2017. Opinion delivered by Justice Francis. Justices Evans and Sch enck participating.

In accordance with this Court’s opinion of this date, the part ies’ “Emergency Motion to Reverse and Remand for Judgment in Accordance with Amended Sett lement Agreement” is GRANTED . The trial court’s June 8, 2018 A greed Final Divorce Decree i s SET ASIDE without regard to the merits and this case is REMANDED to the trial court for rendition of judgment in accordance with the parties' Amended Mediated Settl ement Agreement. T EX
. R. A PP
. P. 42.1(a)(2)(B). It is ORDERED that each party bear its ow n costs of this appeal.
Judgment entered December 21, 2018.
#### In the Matter of the Final Accounting of Guaranty Trust Company of New York, as Sole Surviving Trustee under the Will of Bryan D. Sheedy, Deceased, of the Trust for the Benefit of Eleanor M. Sheedy and as one of the Executors of Eleanor M. Sheedy, Deceased, Respondent. Bryan De F. Sheedy et al., Respondents; Laurelle Sheedy et al., Appellants.

Decree, so far as appealed from, unanimously affirmed, with costs to all parties appearing separately and filing briefs, payable out of the trust estate. No opinion. Concur— Botein, P. J., Breitel, Rabin, McNally and Stevens, JJ.
§ 77.1501 Auger mining; inspections. ( a ) The face of all highwalls, to a distance of 25 feet on both sides of each drilling site, shall be inspected by a certified person before any augering operation is begun, and at least once during each coal producing shift and all loose material shall be removed from the drilling site before persons are permitted to enter the drilling area. The results of all such inspections shall be recorded daily in a book approved by the Secretary.
( b ) In addition, the face of all highwalls, to a distance of 25 feet on both sides of each drilling site, shall be inspected frequently by a certified person during any auger operation conducted either during or after a heavy rainfall or during any period of intermittent freezing and thawing and the results of such inspections shall be recorded as provided in paragraph (a) of this section.
( c ) When an auger hole penetrates an abandoned or mined out area of an underground mine, tests for methane and oxygen deficiency shall be made at the collar of the hole by a qualified person using devices approved by the Secretary to determine if dangerous quantities of methane or oxygen-deficient air are present or being emitted. If such is found no further work shall be performed until the atmosphere has been made safe.
( d ) Tests for oxygen deficiency shall be conducted with a permissible flame safety lamp or other means approved by the Secretary and all tests for methane shall be conducted with a methane detector approved by the Secretary.
( e ) Internal combustion engines shall not be operated in the vicinity of any auger hole in which tests for methane or oxygen deficiency are being made.
```

[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Notices]               
[Page 47338-47339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au10-108]                         

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

DEPARTMENT OF STATE

[Public Notice 7081]

 
Culturally Significant Objects Imported for Exhibition 
Determinations: ``Franz Xaver Messerschmidt''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000, I hereby determine that the objects to be 
included in the exhibition ``Franz Xaver Messerschmidt,'' imported from 
abroad for temporary exhibition within the United States, are of 
cultural significance. The objects are imported pursuant to loan 
agreements with the foreign owners or custodians. I also determine that 
the exhibition or display of the exhibit objects at the Neue Galerie, 
New York, New York, from on or about September 16, 2010, until on or 
about January 10, 2011, and at possible additional exhibitions or 
venues yet to be determined, is in the national interest. I have 
ordered that Public Notice of these Determinations be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Paul W. Manning, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6469). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

[[Page 47339]]

    Dated: July 30, 2010.
Ann Stock,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2010-19302 Filed 8-4-10; 8:45 am]
BILLING CODE 4710-05-P
```
##### 



EXHIBIT 99

CERTIFICATION PURSUANT TO U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of B.H.I.T. Inc. on Form 10-KSB for
the period ending December 31, 2002, the undersigned being the chief executive
officer and chief financial officer of B.H.I.T. Inc., do hereby
certify pursuant
to 18 U.S.C. section 1350, as adopted pursuant to section 906 of
the Sarbanes-Oxley Act of 2002, that to the best of their knowledge:



| | 1. |  | This Annual Report of Form 10-KSB fully complies with the requirements
of Section 13(a) or 15 (d) of the Securities Exchange Act of 1934, as
amended, and                                                     
| | -- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | 2. |  | The information contained in this report fairly presents, in all
material respects, the financial condition and results of operations
of the Registrant on the dates and for the periods shown in such
report.

|                                                                                                                    |  |                     
|------------------------------------------------------------------------------------------------------------------- |  | --------------------
|                                                                                                                   
|/s/ James Benenson, Jr.James Benenson, Jr.
Chairman of the Board of Directors
President and Chief Executive Officer |  | Date: March 24, 2003
|                                                                                                                   
|/s/ John V. CurciJohn V. Curci
Vice-President, Treasurer & Chief Financial Officer
Principal Accounting Officer     |  | Date: March 24, 2003
C. A. No. 76-440.

#### State *v.*Sidney Clark.

*Julius*
      *908
      *C. Michaelson,*Attorney General, *Judith Romney Wegner,*Special Asst. Attorney General, for plaintiff.

*907On January 27, 1977, we granted the defendant’s motion for a limited remand. In his motion defendant, through his attorneys, alleged that he was seeking a revision of an illegal sentence and that such review must be first sought in the Superior Court, citing *State*v. *Tessier,*115 R.I. 372, 346 A.2d 121 (1975). The State made no objection to this motion.

When the Superior Court received the remand the Presiding Justice, acting pursuant to G.L. 1956 (1969 Reenactment) §8-2-23, convened a three judge panel. It is clear from the record that what the defendant actually seeks is a ruling on the constitutionality of G.L. 1956, (1969 Reenactment) §11-23-2, which authorizes imposition of the death penalty.

We are now in receipt of a request for instructions from the three judge panel asking whether it was our intent that the Superior Court direct itself to the constitutional issues involved in this case in the light of *Gregg*v. *Georgia,*428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976), and its companion cases.

In issuing the remand order, it was never our intention that the Superior Court consider the constitutionality of §11-23-2. Consequently, it is hereby ordered that if the sole issue which the defendant seeks to argue in that court is the constitutionality of §11-23-2, that the Superior Court return the case forthwith to this court.

Bevilacqua, C. J., not participating.

*908
      *William F. Reilly,*Public Defender, *Barbara Hurst, John A. MacFadyen III,*Asst. Public Defenders, for defendant.
#### SMITH, Respondent, v. UTICA KNITTING CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 27, 1903.)

Action by George C. Smith, as administrator, against the Utica Knitting Company.

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only, the facts having been examined and no error found therein, upon the ground that the evidence does not show that plaintiff’s intestate was free from contributory negligence, and the further ground that the plaintiff’s intestate assumed the risk.

WILLIAMS and NASH, JJ„ vote for reversal upon the law and the facts, upon the ground that the finding of the jury that there was absence of contributory negligence was contrary to the evidence, and the finding that the defendant was guilty of negligence was contrary to the evidence, because the defendant, under the circumstances of the case, owed the intestate no duty to have its elevator in different condition from what it was; he having assumed the risk thereof.

STOVER, J., not voting.
Exhibit 21.1
 SUBSIDIARIES OF THE REGISTRANT
 Percentage Owned
    
    State of IncorporationGreenBank
    
    100%
    
    TennesseeGreene County Capital Trust I
    
    100% of  Common Securities
    
    DelawareGreene County Capital Trust II
    
    100% of Common Securities
    
    DelawareGreenBank Capital Trust I
    
    100% of Common Securities
    
    DelawareCivitas Statutory Trust I
    
    100% of Common Securities
    
    DelawareCumberland Capital Statutory Trust II
    
    100% of Common Securities
    
    ConnecticutSUBSIDIARIES OF GREENBANKSuperior Financial Services, Inc.
    
    100%
    


    TennesseeGCB Acceptance Corporation
    
    100%
    

    TennesseeFairway Title Company
    
    100%
    

    TennesseeGB Holdings, LLC
    
    100%
    

    Tennessee
# C_2009069EN.01005302.xml

| 21.3.2009 | EN | Official Journal of the European Union | C 69/53 |
| --- | --- | --- | --- |

21.3.2009

EN

Official Journal of the European Union

C 69/53

---

Order of the Court of First Instance of 16 January 2009 — Italy v Commission

(Case T-431/04) (1)

1

(2009/C 69/116)

Language of the case: Italian

Language of the case: Italian

The President of the Seventh Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 314, 18.12.2004.

1

---
§ 150.8 Qualification of counsel. ( a ) *All counsel.* Counsel in any case before the Court shall be a member in good standing of the bar of a Federal Court, the highest court of a State or another recognized bar.
( b ) *Military counsel.* Assigned appellate defense and appellate government counsel shall, in addition, be qualified in accordance with Articles 27(b)(1) and 70(a), Uniform Code of Military Justice.
( c ) *Admission.* Each Court may license counsel to appear before it. Otherwise, upon entering an appearance, counsel shall be deemed admitted pro hac vice, subject to filing a certificate setting forth required qualifications if directed by the Court.
( d ) *Suspension.* No counsel may appear in any proceeding before the Court while suspended from practice by the Judge Advocate General of the service concerned.