alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §3394. Noncareer and limited appointments

(a) Each noncareer appointee, limited term appointee, and limited emergency appointee shall meet the qualifications of the position to which appointed, as determined in writing by the appointing authority.

(b) An individual may not be appointed as a limited term appointee or as a limited emergency appointee without the prior approval of the exercise of such appointing authority by the Office of Personnel Management.

(Added Pub. L. 95–454, title IV, §403(a), Oct. 13, 1978, 92 Stat. 1162.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3394, added Pub. L. 95–437, §3(a), Oct. 10, 1978, 92 Stat. 1057, which related to personnel ceilings, was renumbered as section 3404 of this title by Pub. L. 95–454, title IX, §906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.

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

#### Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's SEC Form 10-Q for the quarterly period ended May 31, 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          AUG-31-1997
<PERIOD-END>                               MAY-31-1997
<CASH>                                           6,538
<SECURITIES>                                         0
<RECEIVABLES>                                  485,046
<ALLOWANCES>                                     5,136
<INVENTORY>                                    735,550
<CURRENT-ASSETS>                             1,274,314
<PP&E>                                       1,310,663
<DEPRECIATION>                                 592,163
<TOTAL-ASSETS>                               2,526,924
<CURRENT-LIABILITIES>                          552,686
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        63,291
<OTHER-SE>                                   1,005,719
<TOTAL-LIABILITY-AND-EQUITY>                 2,526,924
<SALES>                                      2,624,304
<TOTAL-REVENUES>                             2,624,304
<CGS>                                        1,987,930
<TOTAL-COSTS>                                  461,913
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              28,001
<INCOME-PRETAX>                                146,460
<INCOME-TAX>                                    51,261
<INCOME-CONTINUING>                             95,199
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    95,199
<EPS-PRIMARY>                                     1.52
<EPS-DILUTED>                                     1.52
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 31.2

                                  CERTIFICATION

I, Robert McCray certify that:

1. I have reviewed this annual report on Form 10-KSB of Sionix Corporation;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with
respect to the period covered by this annual report;

 3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act rules 13a-14 and 15d-14) for the registrant and we have:

         a. Designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;

         b. Evaluated the effectiveness of the registrant's disclosure controls
and procedures as of a date within 90 days prior to the filing date of this
annual report (the "Evaluation Date") and

         c. Presented in this annual report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

         a. All significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         b. Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

6. The registrant's other certifying officer and I have indicated in this annual
report whether or not there were significant changes in internal controls or
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  January 13, 2004         /S/ ROBERT MCCRAY
                                -----------------
                                Robert McCray, Chief Financial Officer
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT


         This Second Amendment to Employment  Agreement (the "Second Amendment")
is entered into by and between Phar-Mor,  Inc., a Pennsylvania  corporation (the
"Company")  and M. David  Schwartz (the  "Employee")  as of August 27, 1998 (the
"Effective Date").

         WHEREAS,  Employee is currently  employed by the Company  pursuant to a
written Employment Agreement dated as of June 5, 1997 (the "Existing Agreement")
as amended as of June 23, 1998 (the "First Amendment"); and

         WHEREAS,  the  Company  and the  Employee  desire to further  amend the
Existing Agreement, as amended.

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

1.  Paragraph 4 of the First  Amendment  relative to Section  IV.,  TERMINATION,
sub-paragraph 3 of the Existing Agreement is hereby deleted in its entirety.

2.  Section IV.,  TERMINATION,  sub-paragraph  F.3.,  Other Than for Cause or by
Reason of Death or Disability,  as set forth in the Existing  Agreement shall be
amended to provide,  notwithstanding  anything to the contrary  contained in the
Existing  Agreement or the First Amendment,  should a Change of Control occur on
or prior to August 27, 1999, then the Employee shall be entitled to all of those
benefits set forth in  sub-paragraph  F.3.(b) in addition to any other  benefits
the Employee is entitled to thereunder.  The date "June 5, 1998" as contained in
sub-paragraph F.3.(b) of the Existing Agreement shall be deleted and "August 27,
1999"  shall be  inserted in its place as it applies to any Change of Control to
provide  that  in  such  event  the  Employee  shall  receive  two  times  total
compensation as described in the Existing Agreement.

3. All other current terms and conditions of the Existing Employment  Agreement,
as amended,  shall remain the same and any defined  terms used herein shall have
the meaning as defined in the Existing Agreement, as amended.

         IN WITNESS WHEREOF,  the parties hereto have executed this Amendment as
of the date first above written.

PHAR-MOR, INC.

By:_______________________________            __________________________________
         Abbey J. Butler                               M. David Schwartz
         Co-Chairman and Chief
         Executive Officer

By:_______________________________
         Melvyn J. Estrin
         Co-Chairman and Chief
         Executive Officer
§ 1701.17 Standards of conduct. ( a ) *General.* ODNI will ensure that staff are aware of the provisions of the Privacy Act and of their responsibilities for protecting personal information that ODNI collects and maintains, consistent with Sec. 1701.5 and 1701.6 of this subpart.
( b ) *Criminal penalties* — ( 1 ) *Unauthorized disclosure.* Criminal penalties may be imposed against any ODNI staff who, by virtue of employment, has possession or access to ODNI records which contain information identifiable with an individual, the disclosure of which is prohibited by the Privacy Act or by these rules, and who, knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it.
( 2 ) *Unauthorized maintenance.* Criminal penalties may be imposed against any ODNI staff who willfully maintains a system of records without meeting the requirements of subsection (e)(4) of the Privacy Act, 5 U.S.C. 552a. The D/IMO, the Civil Liberties Protection Officer, the General Counsel, and the Inspector General are authorized independently to conduct such surveys and inspect such records as necessary from time to time to ensure that these requirements are met.
( 3 ) *Unauthorized requests.* Criminal penalties may be imposed upon any person who knowingly and willfully requests or obtains any record concerning an individual from the ODNI under false pretenses.
HAB HIV Core Clinical Performance Measures for 

Adult/Adolescent Clients: Group 3

Final: April 2009  Page 15 

Performance Measure: Pneumococcal Vaccination OPR-Related Measure: No 

Percentage of clients1 with HIV infection who ever received pneumococcal vaccine 

Numerator: Number of HIV-infected clients who ever received pneumococcal vaccine 

Denominator: 

Number of HIV-infected clients who had a medical visit with a provider with prescribing 

privileges2

 at least once in the measurement year 

Patient 

Exclusions: 1. Patients with CD4 counts < 200 cells/mm3

 within the measurement year 

Data Elements: 

1. Is the client HIV-infected? (Y/N) 

a. If yes, is there documentation3

 in the health record that the client ever 

received the pneumococcal vaccine? (Y/N) 

Data Sources: 

 Electronic Medical Record/Electronic Health Record 

 CAREWare, Lab Tracker, or other electronic data base 

 HIVQUAL reports on this measure for grantee under review 

 Medical record data abstraction by grantee of a sample of records 

 Billing records 

National Goals, 

Targets, or 

Benchmarks 

for 

Comparison 

National HIVQUAL Data:4

 2003 2004 2005 2006 2007

Top 10% 100% 95.8% 97.5% 100% 100% 

Top 25% 92.6% 90.8% 93.0% 93.8% 95.1% 

Mean* 79.9% 73.0% 77.1% 79.8% 80.9% 

*from HAB database 

Outcome 

Measures for 

Consideration: 

 Incidence of pneumococcal infection in the clinic population 

Basis for Selection and Placement in Group 3: 

Bacterial pneumonia is a common cause of HIV-associated morbidity and appears with greater incidence in 

HIV-infected persons than in the non-infected population. Several risk factors are associated with an 

increased risk of bacterial pneumonia including CD4 count, injection drug use and smoking.5

 

The measure was placed in Group 3 because it overlaps and focuses on similar aspects of care (vaccination) 

that were previously captured in measures included in Group 2. 

US Public Health Guidelines: 
HAB HIV Core Clinical Performance Measures for 

Adult/Adolescent Clients: Group 3

Final: April 2009  Page 16 

“HIV-infected adults and adolescents who have a CD4+ count of > 200 cells/uL should be administered a 

single dose of 23-valent polysaccharide pneumococcal vaccine (PPV) unless they have received this vaccine 

during the previous five years (AII)”. Revaccination can be considered for patients who were initially 

immunized when their CD4 T lymphocyte counts were < 200 cells/uL in response to HAART (CIII).6 

References/Notes: 

1

 “Clients” includes all clients aged 13 years and older. 

2

A “provider with prescribing privileges” is a health care professional who is certified in their jurisdiction to 

prescribe medications. 

3

 Evidence of vaccination could include physician or immunization records or registries. 

4

Pneumococcal vaccine 

http://www.hivguidelines.org/admin/files/qoc/hivqual/proj%20info/HQNatlAggScrs3Yrs.pdf) 

5

Centers for Disease Control and Prevention. Guidelines for Prevention and Treatment of Opportunistic 

Infections in HIV-Infected Adults and Adolescents. June 18, 2008; 1-134. 

(http://aidsinfo.nih.gov/contentfiles/Adult_OI.pdf) 

6 Ibid
### §10314. Construction

A reference in this chapter to the effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006 shall be considered to refer to, respectively, the effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006.

(Pub. L. 89–110, title I, §20, as added Pub. L. 110–258, §3, July 1, 2008, 122 Stat. 2428.)

#### **Editorial Notes**

#### References in Text

The effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, referred to in text, is the date of enactment of Pub. L. 109–246, which was approved July 27, 2006.

#### Codification

Section was formerly classified to section 1973q of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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 DYNASIL CORPORATION OF AMERICA (the
"Company") on Form 10Q for the period ended December 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Craig T
Dunham, President and Chief Executive Officer of the Company and Richard A.
Johnson, Chief Financial Officer of the Company, each 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 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 result of operations of the Company.




/s/ Craig T DunhamCraig
      T DunhamPresident
      and Chief Executive Officer/s/
      Richard A. JohnsonRichard
      A. JohnsonChief
      Financial OfficerFebruary
      14, 2011
EXHIBIT 32

 

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL OFFICER

**Pursuant to 18 United States Code Section 1350,**

**as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, Leonard F. Leganza, the Chief Executive Officer of The Eastern Company (the “Company”) and John L. Sullivan III, the Chief Financial Officer of the Company, hereby certify that, to the best of their knowledge:

 

| 1) | The Company’s Quarterly Report on Form 10-Q for the Period ended April 3, 2010, and to which this certification is attached as Exhibit 32 (the “Periodic 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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

In Witness Whereof, the undersigned have set their hands hereto as of the 29th day of April, 2010.

 

|   | /s/ Leonard F. Leganza    |
|--------|---------------------------|
|   | Leonard F. Leganza

CEO   |
|   |                      |
|   | /s/ John L. Sullivan III  |
|   | John L. Sullivan III

CFO |

 

 

A signed original of this written statement required by Section 906 has been provided to The Eastern Company and will be retained by The Eastern Company and furnished to the Securities and Exchange Commission or its staff upon request. 

 

This certification “accompanies” the Form 10-Q to which it relates, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q, irrespective of any general incorporation language contained in such filing.)
No. 89-1153.

No. 89-6462.

#### Florida *v.*Christian; and Christian *v.*Florida.

Sup. Ct. Fla. Certiorari denied.
### §70702. Establishment of Commission

(a) Establishment.—The President shall establish an independent, nonpartisan Commission within the executive branch to investigate any incident that results in the loss of—

(1) a space shuttle;

(2) the International Space Station or its operational viability;

(3) any other orbital or suborbital space vehicle carrying humans that is—

(A) owned by the Federal Government; or

(B) being used pursuant to a contract or Space Act Agreement with the Federal Government for carrying a government astronaut or a researcher funded by the Federal Government; or

(4) a crew member or passenger of any space vehicle described in this subsection.

(b) Deadline for Establishment.—The President shall establish a Commission within 7 days after an incident specified in subsection (a).

(c) Definitions.—In this section:

(1) Government astronaut.—The term "government astronaut" has the meaning given the term in section 50902.

(2) Space act agreement.—The term "Space Act Agreement" means an agreement entered into by the Administration pursuant to its other transactions authority under section 20113(e).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3432; Pub. L. 115–10, title VIII, §838, Mar. 21, 2017, 131 Stat. 71.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 70702 | 42 U.S.C. 16842. | Pub. L. 109–155, title VIII, §822, Dec. 30, 2005, 119 Stat. 2941. |

Section

#### **Editorial Notes**

#### Amendments

2017—Subsec. (a)(3). Pub. L. 115–10, §838(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "any other United States space vehicle carrying humans that is owned by the Federal Government or that is being used pursuant to a contract with the Federal Government; or".

Subsec. (c). Pub. L. 115–10, §838(2), added subsec. (c).
§ 756.18 Required amendments to the Hopi Tribe's abandoned mine land reclamation plan. Pursuant to 30 CFR 884.15, the Hopi Tribe is required to submit to OSM by the date specified either a proposed amendment or a reasonable timetable, which is consistent with the Hopi Tribe's established administrative and legislative procedures, for submitting an amendment to the Hopi Tribe plan. ( a ) - ( b ) [Reserved]
[61 FR 6508, Feb. 21, 1996, as amended at 61 FR 17840, Apr. 23, 1996; 62 FR 15115, Mar. 31, 1997]
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00320-CV

In re Jana Duty

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

M E M O R AN D U M O P I N I O N

PER CURIAM

The petition for writ of mandamus is denied and the emergencymotion for temporary

relief is dismissed as moot. See Tex. R. App. P. 52.8(a).

Before Chief Justice Rose, Justices Goodwin and Field

Filed: May 28, 2015
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

MAR 13, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 08-13797

Non-Argument Calendar

________________________

D. C. Docket No. 07-00475-CR-RDP-TMP

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TYRONE DEXTER HAMILTON,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Northern District of Alabama

_________________________

(March 13, 2009)

Before TJOFLAT, DUBINA and PRYOR, Circuit Judges.

PER CURIAM:

G. Allen Meighen, appointed counsel for Tyrone Dexter Hamilton, has
moved to withdraw from further representation of the appellant and filed a brief

pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493

(1967). Our independent review of the entire record reveals that counsel’s

assessment of the relative merit of the appeal is correct. Because independent

examination of the entire record reveals no arguable issues of merit, counsel’s

motion to withdraw is GRANTED, and Hamilton’s conviction and sentence are

AFFIRMED.

2
<PAGE>   1

                                                                   EXHIBIT 23(b)


CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the previously filed
Registration Statements of National City Bancshares, Inc. (File No. 333-75093
and 333-79163) of the report of Eskew & Gresham PSC dated February 25, 1998, on
their audit of the consolidated balance sheets of Progressive Bancshares, Inc.
as of December 31, 1997 and 1996, and the related consolidated statements of
income, stockholders' equity, and cash flows for the years then ended, which
report is included in this Annual Report on Form 10-K.



/s/ CROWE, CHIZEK & COMPANY LLP
-------------------------------
Lexington, Kentucky
March 27, 2000
### Noble and EPA Meeting

– Sign

- in Sheet

No. Name Organization

1. Amy Hambrick EPA

2. Lisa Thompson EPA

3. Jim Martin Noble Energy

4. Brian Lockard Noble Energy

5. Brian Taylor Noble Energy

6. Kate Fay Noble Energy

7. Cheryl Vetter EPA

8. Charlene Spells EPA

9. Matthew Witosky EPA

10. Bruce Moore EPA

Participated via Phone

11. Jodi Howard EPA

12. Mark DeFigueiredo EPA

13. Suzie Waltzer EPA

14. Carey Bylin EPA

15. David Hendricks EC/R Inc.
#### The People of the State of New York v. Horace Sweet.

Motion to vacate order of this court granted and the order of this court entered on January 14, 1960, dismissing the appeal is vacated and the appeal is reinstated. The assignment of J. Dudley Devine, Esq. as counsel for the defendant-appellant for the purposes of the appeal, contained in the order of this court, entered on April 15, 1958, is vacated and J. Dudley Devine, Esq. is relieved of said assignment. Edwin Deane Leonard, Esq. of 15 Broad Street, New York, N. Y. is assigned as counsel for the defendant-appellant in the place and stead of J. Dudley Devine, Esq. The time of the appellant to perfect the appeal is enlarged up to and including February 28, 1961, with notice of argument for the April 1961 Term of this court. Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.