alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §8117. Time of accrual of right

(a) An employee other than a Postal Service employee is not entitled to compensation for the first 3 days of temporary disability, except—

(1) when the disability exceeds 14 days;

(2) when the disability is followed by permanent disability; or

(3) as provided by sections 8103 and 8104 of this title.

(b) A Postal Service employee is not entitled to compensation or continuation of pay for the first 3 days of temporary disability, except as provided under paragraph (3) of subsection (a). A Postal Service employee may use annual leave, sick leave, or leave without pay during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the employee may have their sick leave or annual leave reinstated or receive pay for the time spent on leave without pay under this section.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, §10, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109–435, title IX, §901(a), Dec. 20, 2006, 120 Stat. 3253.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 752. | Sept. 7, 1916, ch. 458, §2, 39 Stat. 743. |
| | | Oct. 14, 1949, ch. 691, §101(a), 63 Stat. 854. |

Statutes at Large

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

2006—Pub. L. 109–435 designated existing provisions as subsec. (a), substituted "An employee other than a Postal Service employee" for "An employee", and added subsec. (b).

1974—Pub. L. 93–416 substituted "14 days" for "21 days".

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

#### Effective Date of 1974 Amendment

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.
# FORM 6-K

SECURITIES
  AND EXCHANGE COMMISSION

Washington,
  D.C. 20549

# Report of
  Foreign Issuer

# Pursuant
  to Rule 13a-16 or 15d-16 of

# Securities
  Exchange Act of 1934

For the month
  of September 2004

ABBEY NATIONAL
  PLC 
  (Translation of registrants name into English)

Abbey National
  House, 2 Triton Square, Regent's Place
London NW1 3AN, England   
   (Address of principal executive offices)

|Indicate
      by check mark whether the registrant files or will file annual reports under
      cover Form 20-F or Form 40-F.
|-------------------------------------------------------------------------------------------------------------------------------

Form 20-F . . . .X. . . . Form 40-F . . . . . . . . Indicate
        by check mark whether the registrant by furnishing the information contained
        in this Form is also thereby furnishing the information to the Commission
        pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.


Yes
  . . . . . . . No . . .X. . . .

---

**Abbey National plc
1 September 2004**

Issued: 1 September 2004

**Rule 2.10 Announcement – Relevant Securities in Issue**

In accordance with Rule 2.10 of the City Code on Takeovers and Mergers, Abbey National plc (“Abbey”) confirms that, as at close of business on 31 August 2004, it had in issue 1,476,900,072 including those represented by ADSs) ordinary shares of 10 pence each (“Abbey Shares”).

The International Securities Identification Number for the Abbey Shares is GB0000044551 and for the American Depositary Shares of Abbey is US0029201060.

Each American Depositary Share of Abbey represents two Abbey Shares.

Karen Carson
Secretariat Assistant
Tel: 0207 756 4358



The directors of Abbey National plc accept responsibility for the information contained in this announcement and confirm that, to the best of their knowledge and belief (having taken all reasonable care to ensure that such is the case), the information contained in this announcement is in accordance with the facts and does not omit anything likely to affect the import of such information.



---

# SIGNATURES

Pursuant
  to the requirements of the Securities Exchange Act of 1934, the registrant has
  duly caused this report to be signed on its behalf by the undersigned, thereunto
  duly authorized.

|                       |  | ABBEY NATIONAL PLC               
|---------------------- |  | ---------------------------------
|Date: 1 September 2004 |  | By: /s/Karen Carson              
|                       |  | Karen Carson**Abbey Secretariat**
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 AccuPoll  Holding  Corp.  Annual Report on Form
10-KSB/A  for the year ended  June 30,  2003 as filed  with the  Securities  and
Exchange  Commission  on the date  hereof,  I, Dennis  Vadura,  Chief  Executive
Officer of the Company,  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
my knowledge:

        1. Such annual report 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 such Annual  Report on Form  10-KSB/A
fairly presents,  in all material respects,  the financial condition and results
of operations of AccuPoll.

Date: June 7, 2004.

                                    By:  /s/ Dennis Vadura
                                       -----------------------------------------
                                             Dennis Vadura
                                             Chief Executive Office and Director

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 AccuPoll Holding Corp. and will be
retained by AccuPoll  Holding Corp. and furnished to the Securities and Exchange
Commission or its staff upon request.
#### § 2400.10 Presumption of damage.

Unauthorized disclosure of foreign government information, the identity of a confidential foreign source, or intelligence sources or methods, is presumed to cause damage to the national security.
**Exhibit 32.1**

**CertificationPursuantTo 18 U.S.C. 1350,As Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

In connection withthe Annual Report of Cyanotech Corporation (the “Company”) on Form 10-Kfor the period ended March 31, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Gerald R. Cysewski,Chief Executive Officer of the Company certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

1)               The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act (15 U.S.C. 78m or 78o (d)); and

2)               Theinformation contained in the Report fairly presents, in all material aspects,the financial condition and results of operations of the Company.
| Date:   August 15,  2007 | /s/ Gerald R.  Cysewski                  |
|-----------------------------------------|------------------------------------------|
|                                    | Gerald R.  Cysewski,                     |
|                                    | *Chairman  of the Board of Directors,*   |
|                                    | *President  and Chief Executive Officer* |

 

----
### SUBCHAPTER II—COMMERCIAL VISITOR SERVICES
EXHIBIT 32.2

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

         In  connection  with the Annual Report of Accupoll  Holding Corp.  (the
"Company")  on Form  10-K for the year  ended  June 30,  2004 as filed  with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Craig
A.  Hewitt,  Chief  Financial  Officer of the Company,  certify,  pursuant to 18
U.S.C. section 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 and 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.

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

September 28, 2004                  /s/ Craig A. Hewitt
                                    ------------------------------------
                                    Craig A. Hewitt
                                    Chief Financial Officer
#### City of Buffalo, Respondent, v. John Michael et al., Defendants, and Whitmier & Ferris Co., Inc., Appellant.

Judgment insofar as appealed from unanimously reversed on the law and facts, with costs and matter remitted to Erie Special Term for further proceedings in accordance with the memorandum. Memorandum: In denying the appellant recovery for advertising structures as compensable fixtures the trial court relied on the decision of the Court of Claims in *Whitmier & Ferris Co.*v. *State of New York*(21 Misc 2d 70). Thereafter that case was unanimously reversed by this court *(Whitmier & Ferris Co.*v. *State of New York,*12 A D 2d 165) and it was determined that the owners of such fixtures could recover damage therefor upon condemnation of the real property. Thus a new trial is required to give the appellant an opportunity to establish damage, if any, by reason of the appropriation. We do not reach or pass upon the measure of damage to be applied except to say that the award, if any, should not be deducted from or carved out of the award made to the fee owner which has already been paid since the value of the fee was determined without considering the fixtures of the appellant in any fashion. (Appeal by Whitmier & Ferris Co., Inc, from part of a judgment of Erie Special Term awarding $47,250 to defendant Ida Gershuni, in a condemnation proceeding.) Present — Williams, P. J., Bastow, Goldman, Henry and Noonan, JJ.
§ 1648.4 Appointment for personal appearances. ( a ) Not less than 10 days (unless the registrant requests an earlier appointment) in advance of the meeting at which he may appear, the registrant shall be informed of the time and place of such meeting and that he may present evidence, including witnesses, bearing on his classification.
( b ) Should the registrant who has filed a claim for classification in Class 1-A-O or Class 1-O fail to appear at his scheduled personal appearance, the board will not consider his claim for classification in Class 1-A-O or Class 1-O. The board shall consider any written explanation of such failure that has been filed within 5 days (or extension thereof granted by the board) after such failure to appear. It the board determines that the registrant's failure to appear was for good cause it shall reschedule the registrant's personal appearance. If the board does not receive a timely written explanation of the registrant's failure to appear for his scheduled personal appearance or if the board determines that the registrant's failure to appear was not for good cause, the registrant will be deemed to have abandoned his claim for Class 1-A-O or 1-O and will be notified that his claim will not be considered. The board will notify the registrant in writing of its action under this paragraph.
( c ) Whenever a registrant who has filed a claim for a class other than Class 1-A-0 or Class 1-0 for whom a personal appearance has been scheduled, fails to appear in accord with such schedule, the board shall consider any written explanation of such failure that has been filed within 5 days (or extension thereof granted by the board) after such failure to appear. If the board determines that the registrant's failure to appear was for good cause it shall reschedule the registrant's personal appearance. If the board does not receive a timely written explanation of the registrant's failure to appear for his scheduled personal appearance or if the board determines that the registrant's failure to appear was not for good cause, the registrant will be deemed to have abandoned his request for personal appearance and the board will proceed to classify him on the basis of the material in his file. The board will notify the registrant in writing of its action under this paragraph.
[47 FR 4661, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987]
### §8962. Administrative functions

(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.

(b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the dental benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.

(Added Pub. L. 108–496, §2, Dec. 23, 2004, 118 Stat. 4006.)

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

#### Effective Date

Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title.
*

 This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. This court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate record, this three-judge

panel has determined unanimously that oral argument would not be of material

assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th

Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument.

F I L E D

United States Court of Appeals

Tenth Circuit

NOV 4 1998

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

HENRY LEE McCONE,

Plaintiff - Appellant,

vs.

WYOMING ATTORNEY GENERAL;

JUDIE L. CHITWOOD; JUDY

UPHOFF,

Defendants - Appellees.

No. 97-8118

(D.C. No. 97-CV-142-D)

(D. Wyo.)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.**

Plaintiff-Appellant Henry Lee McCone appeals from the district court’s

dismissal, without prejudice, of his 42 U.S.C. §1983 claim seeking damages and

alleging violation of his constitutional rights by state officers during proceedings

to revoke his parole. Our jurisdiction arises under 28 U.S.C. § 1291, and we
- 2 -

affirm. The district court was correct in determining that Heck v. Humphrey, 512

U.S. 477 (1994), bars the present action absent a determination that the parole

revocation was invalid. See White v. Gittens, 121 F.3d 803, 807 (1st Cir. 1997);

Crow v. Penry, 102 F.3d 1086, 1087 (10th Cir. 1996). Likewise, the district court

was correct in holding that, even if the complaint was construed as a habeas

corpus petition, Mr. McCone had failed to exhaust state court remedies. See 28

U.S.C. § 2254(b)(1)(A); see also Demarest v. Price, 130 F.3d 922, 932 (10th Cir.

1997).

AFFIRMED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge
<PAGE>

                                                                   Exhibit 3.129


                            CERTIFICATE OF AMENDMENT
                      OF THE CERTIFICATE OF INCORPORATION
                                       OF
                       K-III KG CORPORATION - NEW YORK II
               UNDER SECTION 805 OF THE BUSINESS CORPORATION LAW

                                   ----------

     WE THE UNDERSIGNED, Michaelanne Discepolo and Beverly C. Chell, being
respectively the Vice President and Secretary of K-III KG Corporation - New York
II hereby certify:

     1. The name of the corporation is K-III KG Corporation - New York II.

     2. The Certificate of Incorporation of said corporation was filed by the
Department of State on the 13th day of January, 1994.

     3. The Certificate of Incorporation is amended to change the name of the
corporation. To effect the foregoing, Article First is amended to read as
follows:

          FIRST: The name of the corporation of "The Katharine Gibbs Corporation
- New York"

     4. The amendment was authorized by the unanimous written consent of the
Board of Directors, there being no shareholders nor subscribers for shares, and
by the written consent of the Incorporator.

     IN WITNESS WHEREOF, we have signed this certificate on the 10th day of
February, 1997 and we affirm the statements contained therein as true under
penalties of perjury.

                                        /s/ Michaelanne Discepolo
                                        ------------------------------
                                             Michaelanne Discepolo
                                                 Vice President

                                        /s/ Beverly C. Chell
                                        ------------------------------
                                               Beverly C. Chell
                                                  Secretary
MOSS-ADAMS LLP
--------------------------------------------------------------------------------
CERTIFIED PUBLIC ACCOUNTANTS                 438 First Street, Suite 320
                                             Santa Rosa, CA 95401-6339

                                             Phone 707.527.0800
                                             FAX 707.575.1712

                                             Offices in Principal Cities of
                                             Washington, Oregon and California


                                                                    EXHIBIT 23.0

                CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

The Board of Directors and Stockholders of
Healthy Planet Products, Inc.


We consent to the  incorporation by reference in the  Registration  Statement of
Healthy  Planet  Products,  Inc., on Form S-8 (File No.  33-84740) of our report
dated February 2, 1996, on our audits of the financial  statements and financial
statement  schedules of Healthy Planet  Products,  Inc., as of December 31, 1995
and 1994,  and for each of the two fiscal years in the period ended December 31,
1995, which report is included in this Annual Report on Form 10-KSB.


                                                       /s/   MOSS ADAMS LLP


Santa Rosa, California
March 12, 1996


A member of
Moores
Rowland
International

An association of independent
accounting firms throughout the world.
### §232. Functions of Administrator of General Services

#### (a) Operation, maintenance, and protection of Federal buildings and grounds

Nothing in this chapter may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under section 203(3) of this title, the Administrator shall retain all powers, functions, and authorities vested in the Administrator under chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40 and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds.

#### (b) Collection of rents and fees; Federal Buildings Fund

#### (1) Statutory construction

Nothing in this chapter may be construed—

(A) to direct the transfer of, or affect, the authority of the Administrator of General Services to collect rents and fees, including fees collected for protective services; or

(B) to authorize the Secretary or any other official in the Department to obligate amounts in the Federal Buildings Fund established by section 592 of title 40.

#### (2) Use of transferred amounts

Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government.

(Pub. L. 107–296, title IV, §422, Nov. 25, 2002, 116 Stat. 2184.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

#### Codification

"Chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40" substituted in subsec. (a) for "chapter 10 of title 40" and "section 592 of title 40" substituted in subsec. (b)(1)(B) for "section 490(f) of title 40" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Exhibit 99.1

                    CERTIFICATION BY CHIEF EXECUTIVE OFFICER
                       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 DynCorp (the "Company") on Form
10-Q as filed with the  Securities  and Exchange  Commission  on the date hereof
(the "Report"), I, Paul V. Lombardi, as President and Chief Executive Officer of
the Company,  hereby  certify,  pursuant to 18 U.S.C.  Section  1350, as adopted
pursuant to Section  906 of the  Sarbanes-Oxley  Act of 2002,  to the best of my
knowledge, 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
          for the dates and periods covered by the Report.

     This  certificate is being made for the exclusive  purpose of compliance by
the Chief Executive  Officer of the Company with the requirements of Section 906
pf the Sarbanes-Oxley Act of 2002 and may not be disclosed,  distributed or used
by any person of for any reason other than as specifically required by law.



date December   , 2002                    /s/ Paul V. Lombardi
                                          --------------------
                                          Paul V. Lombardi
                                          President and Chief Executive Officer


<PAGE>
Exhibit 23.1

                          Independent Auditors Consent


The Board of Directors
Lancer Corporation:


We consent to incorporation  by reference in the registration  statement on Form
S-8 of Lancer Corporation of our report dated February 27, 1997, relating to the
consolidated  balance  sheets  of  Lancer  Corporation  and  subsidiaries  as of
December 31, 1996 and 1995, and the related  consolidated  statements of income,
shareholders  equity  and cash  flows  for each of the  years in the  three-year
period ended December 31, 1996,  and related  consolidated  financial  statement
schedule,  which report  appears in the December 31, 1996 annual  report on Form
10-K of Lancer Corporation.





                                                           KPMG Peat Marwick LLP

San Antonio, Texas
February 27, 1997