alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §321c. Department and Agency officials

#### (a) Deputy Administrators

The President may appoint, by and with the advice and consent of the Senate, not more than 4 Deputy Administrators to assist the Administrator in carrying out this subchapter.

#### (b) United States Fire Administration

The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.

(Pub. L. 107–296, title V, §514, as added Pub. L. 109–295, title VI, §611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 115–278, §2(g)(4)(B), Nov. 16, 2018, 132 Stat. 4178.)

#### **Editorial Notes**

#### Amendments

2018—Subsecs. (b), (c). Pub. L. 115–278 redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: "There is in the Department an Assistant Secretary for Cybersecurity and Communications."

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

#### Effective Date

Section effective Mar. 31, 2007, see section 614(b)(3) of Pub. L. 109–295, set out as a note under section 701 of this title.
|Exhibit 32.1
|------------



|CERTIFICATION OF CHIEF EXECUTIVE
OFFICER
|----------------------------------------



|18 U.S.C. 1350 Certification of
Glen L. Shank  Chairman of the Board and President of  Duckwall-ALCO Stores, Inc.
|-----------------------------------------------------------------------------------------------------------------



|I, Glen L. Shank,  Chairman of the Board and
President of Duckwall-ALCO  Stores,  Inc., hereby certify, in accordance with 18 U.S.C.
ss  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (a) | The
Quarterly Report on Form 10-Q for the quarter ended November  2, 2003, which accompanies
this certification, fully complies with  the requirements of section 13(a) or 15(d) of
the Securities  Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | The
information contained the Quarterly Report on Form 10-Q for  the quarter ended November
2, 2003, which accompanies this  certification, fairly presents, in all material
respects, the  financial condition and results of operation of Duckwall-ALCO  Stores, Inc.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|A signed original of this written statement
required by Section 906 has been  provided to Duckwall-ALCO Stores, Inc. and will be
retained by Duckwall-ALCO  Stores, Inc. and furnished to the Securities and Exchange
Commission or its  staff upon request.
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|Dated:  December 5, 2003
|------------------------



| | By: | /s/ Glen L. Shank
      Glen L. Shank 
      Chairman of the Board, President
| | --- | -----------------------------------------------------------------------------



| |  | 
| |  | 



---
109TH CONGRESS 

1ST SESSION H. R. 3368

AN ACT

To designate the facility of the United States Postal Service 

located at 6483 Lincoln Street in Gagetown, Michigan, 

as the ‘‘Gagetown Veterans Memorial Post Office’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2

•HR 3368 EH 

1 SECTION 1. DESIGNATION. 

2 The facility of the United States Postal Service lo3 cated at 6483 Lincoln Street in Gagetown, Michigan, shall 

4 be known and designated as the ‘‘Gagetown Veterans Me5 morial Post Office’’. 

6 SEC. 2. REFERENCES. 

7 Any reference in a law, map, regulation, document, 

8 paper, or other record of the United States to the facility 

9 referred to in section 1 shall be deemed to be a reference 

10 to the ‘‘Gagetown Veterans Memorial Post Office’’.

Passed the House of Representatives October 25, 

2005. 

Attest:

Clerk. 

109TH CONGRESS 

1ST SESSION H. R. 3368

AN ACT

To designate the facility of the United States PostMemorial Post Office’’. Gagetown, Michigan, as the ‘‘Gagetown Veterans al Service located at 6483 Lincoln Street in
**Exhibit 15.6**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statement on Form S-8 (File No. 333-111310) of Elron Electronic Industries Ltd. of our report dated February 16, 2005, with respect to the consolidated balance sheets of the Given Imaging Ltd. as of December 31, 2004 and 2003, and the related consolidated statements of operations, shareholders’ equity and cash flows for each of the years in the three year period ended December 31, 2004, which report appears in the Annual Report on Form 20-F of Elron Electronic Industries Ltd. for the year ended December 31, 2004.

 

|                                                                                         |   |   |   |
|----------------------------------------------------------------------------------------------|--------|--------|--------|
| /s/          Somekh ChaikinCertified Public Accountants (Isr.)A member of KPMG International |   |   |        |
| Tel-Aviv, IsraelJuly 12, 2005                                                                |   |   |   |

 

 

----
#### William S. Brockway and another *vs.*Newton R. Frost.

January 31, 1889.

Vendor and Purchaser — Uncertainty of Description of Property.-— An agreement for the conveyance of a designated number of acres “in” a specified larger tract of land, the subject of the agreement not being otherwise designated, is ineffectual, because of uncertainty, to transfer or create an interest or right in any land.

Appeal by plaintiffs from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial.

*E. A. Campbell*and *J. E. Waters,*for appellants.

*W. J. Rodgers,*for respondent.

Dickinson, J.

Under date of March 23, 1887, as the case presented by the plaintiffs at the trial showed, the defendant executed the following written instrument to Henry P. Cody, who has assigned his rights thereunder to the plaintiffs: •

“In consideration of one dollar and other valuable consideration, I hereby agree to give Henry P. Cody a warranty deed for eight and 61-100 acres in the N. W. J of S. W. J of section 18, T. 47, R. 4 W. Said deed to be given in thirty days, or as soon thereafter as I can give deed; and it is understood that I can sell and execute a contract for said property any time within the next ten days, at the rate of $150 per acre.

Newton R. Frost.”

*156The plaintiffs, alleging that the defendant did thereafter sell the land and receive the price, prosecute this action for the recovery of the money alleged to have been so received. The plaintiffs’ case upon the trial tending to show, as we may assume, the facts thus alleged, and further, as it may be assumed, that the defendant promised to pay the plaintiffs the price received for the land, the court dismissed the action without submitting the case to the jury.

This was right. The plaintiffs showed no cause of action. They acquired no interest or right in réspect to any land by the written undertaking of the defendant above recited. That neither described nor in any way designated any particular land as the subject of the promise to convey. As this instrument conferred upon Cody or his assignees no rights in respect to land, the further condition respecting the defendant’s right to sell was equally ineffectual. The plaintiffs acquired no right to the price of any land which the defendant may have sold, but in which they had no legal interest. If he orally promised, after the alleged sale of certain land, to pay them the price, no consideration is shown, and the naked promise gave no right of action.

Order affirmed.
<PAGE>
                                                Exhibit 11




                             STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS


<PAGE>


                                                Exhibit 11

                          STATEMENT RE: COMPUTATION OF
                               PER SHARE EARNINGS




                                                     Year Ended October 31,
                                           1996           1995             1994
                              -------------------------------------------------
                                               Fully         Fully        Fully
(in thousands,except per share amount)PrimaryDilutedPrimaryDilutedPrimaryDiluted

   
Net income (loss).....................$4,264 $4,264 $204  $204 $(5,791) $(5,791)
                                  --------------============---------===========
    

Weighted average common
   
     shares outstanding............... 5,786  5,786 5,418   5,418  5,407  5,407
    

Assumed issuances under stock
   
     option plans (1)................ 121     121   118    164   --    --
                                --------------------------- ------- -----------

                                     5,907 5,907  5,536  5,582  5,407   5,407
                                 ==============================================

Earnings (loss) per common share....$.72   $.72   $.04   $.04   $(1.07) $(1.07)
                               -------------===================================
    



(1)  No assumed issuances under stock option plans were made in 1994 because
 such issuances would have been anti-dilutive.
----

|  | (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/                  Michael Doar                                                     |   |
|---------------------------------------------------------------------------------------|--------|
| Michael                  Doar                                                         |   |
| Chairman                  of the Board & Chief                  Executive Officer |   |
| January                  10, 2008                                                     |   |

----
#### In the Matter of the Claim of Robert Chatman, Respondent, v. Acme Steel & Malleable Iron Works, Appellant, and Special Funds Conservation Committee, Respondent. Workmen’s Compensation Board, Respondent.

Appeal from a decision of the Workmen’s Compensation Board which found that the claimant was permanently and totally disabled due to silicosis. It is conceded that the claimant was suffering from moderately advanced silicosis but the appellant contends that the total disability was not due to the pulmonary condition. The doctor for the carrier testified disability was due principally to a cardiac condition. The board medical specialist in dust diseases stated that the major disability was pulmonary, but the heart condition played a contributing factor and that all of these conditions resulted *727in the claimant being permanently and totally disabled. The board found “ that the claimant is permanently and totally disabled due to silicosis. Even though the claimant may have a cardiac condition, the medical evidence does not sustain the contention that the cardiac condition is disabling.” While the finding of the board is somewhat nebulous it is apparent that it intended to find that the permanent and total disablement was due to silicosis per se and not an aggravation of the cardiac condition. The record does not sustain such a determination. Section 3 (subd. 2, par. 28) of the Workmen’s Compensation Law provides that compensation is payable for total disability or death resulting from silicosis or other dust disease. This has been interpreted to sustain an award if the silicosis contributes to or aggravates another condition and the combination resulted in total disability. Where silicosis in no way contributes to the other condition, then there is no total disability and a silicosis award may not be sustained. Such is the testimony of the present record. Upon remission, it will be possible to further develop the medical testimony. Decision and award reversed and matter remitted, with costs to the appellant against the Workmen’s Compensation Board. Bergan, P. J., Coon, Herlihy, Reynolds and Taylor, JJ., concur.
Attachment 1 Cardinal Presentation

### Cardinal Plant Wastewater 

## Treatment System February 2, 2010

## Cardinal Plant 

# w!S^%SatBk wit WBmmm

## Cardinal Plant

• Unit 1&2- 600 MW net, operational 1967 • Unit 3- 630 MW net, operational 1977 

### • AEP owns Unit 1 and operates facility • Buckeye Power owns Unit 2&3 • Total plant coal burn 4.5 million tons annually 

### Wit BKmtm®

# Cardinal Plant
• Unit 1&2 originally designed for S02 7.5 Ib/mmbtu • SCR installed in 2001, fuel sulfur was 

### reduced to 2.5 Ib/mmbtu during NOx season due to S03 formation 

### • Unit 3 designed for compliance coal, currently 80% low sulfur, 20% PRB

•Hi®

# The flue gas stream Coal-Fired

Steam Generator Selective Catalytic Reduction (SCR) System

Urea to Ammonia Production

System "TV^W^ Flue Gas Desulfurization (FGD) Absorber 

# n
SB^S^KWtJ^^^WR^^B^ww^gi 

# FGD Design Basis * Unit 1&2 design:

— 95% S02 removal using 7.5 Ib/mmbtu

— Commercial grade gypsum production using 95% calcite

— Conversion to balanced draft



### — S03 mitigation system- Trona 

## 9 Unit 3 design is similar ^^•H®

## Limestone Forced 

## Oxidation FGD- Steps * S02 is absorbed in the scrubber liquor 

## * 02 is supplied and absorbed * Bisulfite oxidation occurs 

## * Reagent (Limestone) dissolves * Neutralization of acidic species * Precipitation of solids. 

# m

## Overall Chemical Reaction 

## S02 + CaCq + 02+H20^> CaS04 •2H20+C02 

# m

## Structure of J BR Scrubber 

## Gas Cooling Section

### Structure of J BR Scrubber - Inlet Plenum

10

# Reducing agent preparation Conveyor

Feeder
Ball Mill * Graphic: Alstom Power, Inc. • Limestone is crushed in ball mill pulverizers. • The crushed limestone and water mix 

### to form a slurry that is sprayed into the flue gas stream in the spray tower or pumped into the JBR. Limestone Silos Storage Tank If


# s

11

## Cardinal Plant Unit 1&2 FGD

Gas 

## |fc|p i. '.>; 

# reli BSBSB^hf^- "' Upper D#efc -—fHH/v TMsw

gg ——___ Lcwtt 

### •FtP „J. \ ^ 

### HI-'' *r"r

•

1213

## Cardinal Plant Unit 1&2 FGD

•HHH®

14Chemical Reaction in Jet Bubbl 

## ing Reactor (JBR) *TMTM» so2 H20 I12S03 

# | 

# 1 ! i i ffi o2 

# | 

# 1 •; ! t « ft H2S04 

### I t! * '1 Cam h2o co2 # 8 Oxidation Air Nozzle CaS€)4 2H,0 Over Ai! Reactions

SO, 11 j<> 4 CO. 

# &

15Vaci.i;Fr brlf fiiwr 

# Dewatering Hydrocyclones wring out much of the water to produce useable gypsum; the water is re-circulated. 

### Wit

16

## Cardinal Units 1&2 FGD General Arrangement

U 1 i :=!=! ,1- "*

PS, 'AT ~ p.. c -| *—- PI* '" JHHH®

1718

## CPS WWTP

Ml.

19, -^t^vi^^Sf^tmm^m^^»*«iiem^Ks«

20

## CPS WWTP J&r 2u * r—*- ifci rr€? 1Tr-ttZL^r*— J|gpL. iy.viflWKff, i^HB®

21

## CPS WWTP

|^r ; ,- n 

# J f-fN-r- -?^--r-Jft S. HIlT"
"'ifiirffffi H^^B®

2223

# Questions? Thanks For Your Attention 

# BE.

24Attachment 2 FGD Wastewater Treatment Syst em Process Flow Diagram
| (a)   | The                Quarterly Report on Form 10-Q for the quarter ended July 29, 2007,                which                accompanies this certification, fully complies with the requirements                of                section 13(a) or 15(d) of the Securities Exchange Act of 1934, as                amended;                and                                 |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (b)   | The                information contained in the Quarterly Report on Form 10-Q for the                quarter                ended July 30, 2006, which accompanies this certification, fairly                presents, in all material respects, the financial condition and results                of                operation of Duckwall-ALCO Stores,                Inc. |

----
§ 1901.13 Requirements as to identification of requester. ( a ) *In general.* Individuals seeking access to or amendment of records concerning themselves shall provide their full (legal) name, address, date and place of birth, and current citizenship status together with a statement that such information is true under penalty of perjury or a notarized statement swearing to or affirming identity. If the Agency determines that this information is not sufficient, the Agency may request additional or clarifying information.
( b ) *Requirement for aliens.* Only aliens lawfully admitted for permanent residence (PRAs) may file a request pursuant to the Privacy Act and this part. Such individuals shall provide, in addition to the information required under paragraph (a) of this section, their Alien Registration Number and the date that status was acquired.
( c ) *Requirement for representatives.* The parent or guardian of a minor individual, the guardian of an individual under judicial disability, or an attorney retained to represent an individual shall provide, in addition to establishing the identity of the minor or individual represented as required in paragraph (a) or (b) of this section, evidence of such representation by submission of a certified copy of the minor's birth certificate, court order, or representational agreement which establishes the relationship and the requester's identity.
( d ) *Procedure otherwise.* If a requester or representative fails to provide the information in paragraph (a), (b), or (c) of this section within forty-five (45) days of the date of our request, the Agency will deem the request closed. This action, of course, would not prevent an individual from refiling his or her Privacy Act request at a subsequent date with the required information.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-50501

USDC No. A-97-CV-798

 

KENNETH HILL,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR,

TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Western District of Texas

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

November 24, 1999

Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Kenneth Hill, Texas state prisoner #632292, seeks a

certificate of appealability (COA) to appeal from the dismissal

of his 28 U.S.C. § 2254 petition as untimely and to appeal the

denial of his underlying constitutional claims. While Hill’s COA

request was pending, Hill filed a second COA request and

accompanying brief, noting a recent district court decision

pertinent to the timeliness issue. This second request and brief
No. 98-50501

-2-

is treated as a motion for leave to file a supplemental brief,

which is GRANTED. Fed. R. App. P. 28(j).

To obtain a COA, an applicant must make a substantial

showing of the denial of a constitutional right. See 28 U.S.C.

§ 2253(c)(2). In considering a nonconstitutional question in a

COA application, such as the limitations issue presented here,

the petitioner must first make a credible showing of error by the

district court. Sonnier v. Johnson, 161 F.3d 941, 943-44 (5th

Cir. 1998). Only if the petitioner succeeds in doing so will the

court consider whether he has made a substantial showing of the

denial of a constitutional right on his underlying claims. Id.

Hill has made a credible showing that the district court

erred in dismissing his § 2254 petition as untimely. Under this

court’s recent decision in Villegas v. Johnson, 184 F.3d 467 (5th

Cir. 1999), Hill’s third state habeas petition tolled the oneyear limitation period under § 2244(d)(2). Id. at 473. Hill’s

federal habeas petition was therefore timely filed. Id.

Because the district court’s order dismissing Hill’s

petition did not address the merits of his underlying claims,

this court lacks jurisdiction to consider his request for a COA

with regard to those claims. See Sonnier, 161 F.3d at 945-46. 

Accordingly, Hill is hereby GRANTED a COA on the question of the

timeliness of his § 2254 petition, the district court’s judgment

dismissing his petition as time-barred is VACATED, and this case

REMANDED with instructions to address the merits of Hill’s

constitutional violations. 

VACATED AND REMANDED.
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              MAR-31-2000
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         1,549,793
<SECURITIES>                                   0
<RECEIVABLES>                                  7,929
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               2,530,787
<PP&E>                                         267,787
<DEPRECIATION>                                 222,674
<TOTAL-ASSETS>                                 2,602,537
<CURRENT-LIABILITIES>                          24,577
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       6,632,998
<OTHER-SE>                                     (4,055,038)
<TOTAL-LIABILITY-AND-EQUITY>                   2,602,537
<SALES>                                        0
<TOTAL-REVENUES>                               137,808
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               159,108
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (21,300)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (21,300)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (21,300)
<EPS-BASIC>                                    (.007)
<EPS-DILUTED>                                  0



</TABLE>