alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

January 30, 2006 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 128932(35) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 128932 

 COA: 249788 

Genesee CC: 90-043372-FC 

JOHNELL ALLEN, JR.,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court's order of 

November 29, 2005 is considered, and it is DENIED, because it does not appear that the 

order was entered erroneously. 

d0123 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

January 30, 2006 

Clerk
<PAGE>

                                                                     EXHIBIT 3.1

              SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION

                                       OF

                             EMS TECHNOLOGIES, INC.

                                   ARTICLE ONE

                                      NAME

      The name of the corporation is EMS Technologies, Inc.

                                   ARTICLE TWO

                                 CAPITALIZATION

      The corporation shall have the authority, exercisable by its Board of
Directors, to issue up to 75,000,000 shares of Common Stock, $.10 par value per
share, and 10,000,000 shares of Preferred Stock, $1.00 par value per share,
which shall be established and designated from time to time by the Board of
Directors in such series and with such preferences, limitations, and relative
rights as may be determined by the Board of Directors. The holders of the
outstanding shares of a class of stock shall not be entitled to vote as a
separate class upon a proposed amendment to these Articles of Incorporation that
is solely for the reason of increasing or decreasing the aggregate number of
authorized shares of such class, and the number of such shares may be increased
or decreased without such a vote, subject to such votes as shall otherwise be
required by applicable law for the amendment of these Articles of Incorporation.

                                  ARTICLE THREE

                        LIMITATION OF DIRECTOR LIABILITY

      No director of the corporation shall be personally liable to the
corporation or its shareholders for monetary damages for breach of the duty of
care or any other duty as a director, except that such liability shall not be
eliminated for:

      (a)   any appropriation, in violation of the director's duties, of any
      business opportunity of the corporation;

      (b)   acts or omissions which involve intentional misconduct or a knowing
      violation of law;

      (c)   the types of liability set forth in Section 14-2-832 (or any
      successor or redesignation to this provision) of the Georgia Business
      Corporation Code (the "Code"); or

      (d)   any transaction from which the director received an improper
      personal benefit.

<PAGE>

            If at any time the Code is amended to authorize the further
      limitation or elimination of the liability of a director, then the
      liability of each director of the corporation shall be limited or
      eliminated to the fullest extent permitted by the Code, as amended,
      without further action by the shareholders, unless the provisions of the
      Code, as amended, require further action by the shareholders.

            Any repeal or modification of the provisions of this Article Three
      by the shareholders of this corporation shall not adversely affect any
      right of a director or officer of the corporation existing at the time of
      such repeal or modification.

                                       2
EXHIBIT 31

CERTIFICATION PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
(Rule 13a-14(a)/15d-14(a))

I,
Leslie J. Jezuit, certify that:

Date: May 9, 2008
By:

/s/LESLIE J. JEZUITLeslie J. Jezuit Chairman and Chief Executive
Officer


---



CERTIFICATION PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
(Rule 13a-14(a)/15d-14(a))

I,
Daniel P. Gorey, certify that:

Date: May 9, 2008
By:

/s/DANIEL P. GOREYDaniel P. Gorey Vice President, Chief Financial
Officer
and Treasurer


---



QuickLinks
### §5348. Crews of vessels

(a) Except as provided by subsection (b) of this section, the pay of officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this title shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in the maritime industry.

(b) Vessel employees in an area where inadequate maritime industry practice exists and vessel employees of the Corps of Engineers shall have their pay fixed and adjusted under the provisions of this subchapter other than this section, as appropriate.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471, §5348, formerly §5342; renumbered and amended Pub. L. 92–392, §1(a), Aug. 19, 1972, 86 Stat. 572; Pub. L. 96–70, title III, §3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 104–201, div. C, title XXXV, §3548(a)(3)(C), Sept. 23, 1996, 110 Stat. 2868.)

#### **Editorial Notes**

#### Amendments

1996—Subsec. (a). Pub. L. 104–201, §3548(a)(3)(C)(iii), substituted "subsection (b)" for "subsections (b) and (c)".

Subsecs. (b), (c). Pub. L. 104–201, §3548(a)(3)(C)(i), (ii), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "Vessel employees of the Panama Canal Commission may be paid in accordance with the wage practices of the maritime industry."

1979—Subsec. (b). Pub. L. 96–70 substituted "Commission" for "Company".

1972—Subsec. (a). Pub. L. 92–392 inserted reference to subsection (c) of this section.

Subsec. (c). Pub. L. 92–392 added subsec. (c).

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

#### Effective Date of 1979 Amendment

Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

#### Effective Date of 1972 Amendment

Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title.

#### Limitation on Pay Adjustments

For provisions limiting the adjustment of salary or basic pay of employees covered by this section, see provisions set out as notes under section 5343 of this title.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 2ND
QUARTER 10-Q FILING AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               DEC-31-1995
<CASH>                                         846,609
<SECURITIES>                                 9,469,817
<RECEIVABLES>                                2,689,218
<ALLOWANCES>                                         0
<INVENTORY>                                 11,147,013
<CURRENT-ASSETS>                            25,070,577
<PP&E>                                       3,488,081
<DEPRECIATION>                               8,080,521
<TOTAL-ASSETS>                              28,658,658
<CURRENT-LIABILITIES>                        1,576,988
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       504,979
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                28,658,658
<SALES>                                      8,435,701
<TOTAL-REVENUES>                             8,435,701
<CGS>                                        7,544,110
<TOTAL-COSTS>                                7,544,110
<OTHER-EXPENSES>                               854,730
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                370,346
<INCOME-TAX>                                   146,000
<INCOME-CONTINUING>                            224,346
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   224,346
<EPS-PRIMARY>                                      .17
<EPS-DILUTED>                                        0
THE SECRETARY OF EDUCATION

WASHINGTON, DC 20202

TO: Assistant Secretary for Elementary and Secondary Education 

FROM: The Secretary

SUBJECT: Authority to Designate a Department Employee to Serve as the Designated Federal 

Officer for each Regional Advisory Committee 

I. DELEGATION

By the authority vested in me by Section 412 of the Department of Education Organization Act, 20 

U.S.C. § 3472, I hereby delegate to you, or anyone serving for you in an acting capacity or 

delegated to perform the functions and duties of your position, the authority to designate a 

Department employee to serve as and carry out the duties of the Designated Federal Officer (DFO) 

for each Regional Advisory Committee (RAC), as set forth in 41 C.F.R. §§ 102-3.25 (definition of 

the term “Designated Federal Officer”), 102-3.105(i), and 102-3.120 and Sections 1009(e) and (f) 

of 5 U.S.C. Chapter 10 (Federal Advisory Committees). 

Unless otherwise noted in future delegations of authority, amendments to the existing authorities 

delegated herein are included within the scope of this delegation. 

II. RESERVATIONS

Unless otherwise noted in existing or future delegations of authority, the following is not 

delegated: 

The authority to appoint and fix the compensation of RAC members. 

III. REDELEGATION

Subject to the requirements of law, you may redelegate any of the authority delegated to you in 

this delegation and authorize further redelegation. Any redelegation must be done in accordance 

with the Administrative Communications System directive, ACSD-OFO-015, Delegation of 

Authority, dated August 26, 2016. 

IV. IV. CERTIFICATION AND EFFECTIVE DATE 

This delegation is effective upon certification by the Department's Principal Delegations Control 

Officer. I ratify actions within the scope of this delegation taken by you prior to the date of 

certification.

____________/s__________ 

Miguel A. Cardona, Ed.D. 

OGC Clearance: /s/ Lauren Friedrich, 02/08/2023 

Certified date: 2/15/23

Delegations Control Officer: Jim Clemmens

Control Number: EA/ES/109
### §2110. Refund of producer assessments

(a) Notwithstanding any other section of this chapter and except as provided in subsection (b), any cotton producer against whose cotton any assessment is made and collected from him under the authority of this chapter and who is not in favor of supporting the research and promotion program as provided for herein shall have the right to demand and receive from the Cotton Board a refund of such assessment: Provided, That such demand shall be made personally by such producer in accordance with regulations and on a form and within a time period prescribed by the Board and approved by the Secretary, but in no event less than ninety days, and upon submission of proof satisfactory to the Board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand therefor.

(b) The right of a producer to demand a refund under subsection (a) shall terminate if the proposed amendment of the order implementing the Cotton Research and Promotion Amendments Act of 1990 is approved in the referendum provided for under section 2107 of this title. Such right shall terminate 30 days after the date the Secretary announces the results of such referendum if such proposed amendment is approved. Such right shall be reinstated if the amendment should be disapproved in any subsequent referendum.

(Pub. L. 89–502, §11, July 13, 1966, 80 Stat. 283; Pub. L. 101–624, title XIX, §1996, Nov. 28, 1990, 104 Stat. 3912; Pub. L. 102–237, title VIII, §808(a)(4), Dec. 13, 1991, 105 Stat. 1883.)

#### **Editorial Notes**

#### References in Text

The Cotton Research and Promotion Amendments Act of 1990, referred to in subsec. (b), probably means the Cotton Research and Promotion Act Amendments of 1990, subtitle G [§§1990–1998] of title XIX of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3909, which amended sections 2101, 2106 to 2110, and 2116 of this title and enacted provisions set out as notes under section 2101 of this title. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 2101 of this title and Tables.

#### Amendments

1991—Subsec. (a). Pub. L. 102–237 inserted "of this chapter" after "any other section" and struck out "of this chapter," before "any cotton producer".

1990—Pub. L. 101–624 designated existing provisions as subsec. (a), substituted "Notwithstanding any other section and except as provided in subsection (b) of this section," for "Notwithstanding any other provision", and added subsec. (b).
###### Editorial Note on Part 842

#### Editorial Note:

Nomenclature changes to part 842 appear at 81 FR 83688, Nov. 22, 2016.

#### § 842.92 Advance payments.

Subpart P of this part sets forth procedures for such payments.

[81 FR 83697, Nov. 22, 2016]
UNITED STATES DEPARTMENT OF EDUCATION

THE SECRETARY

MEMORANDUM

TO: The Under Secretary

FROM: The Secretary

SUBJECT: Delegation of Authority to Review and Decide Appeals of Initial Challenges 

under the FAIR Act.

I. DELEGATION

By the authority vested in me by section 412 of the Department of Education 

Organization Act, Public Law 96-88, 20 U.S.C. §3472, I hereby delegate to you, 

to your successor in function, and to anyone serving for you in an acting capacity, 

the authority to review and decide appeals of all initial challenges under the 

Federal Activities Inventory Reform Act of 1998 (Public Law 105-270) ("FAIR 

Act").

Unless otherwise noted in future delegations of authority, legislative or regulatory 

amendments to the authority delegated herein are included within the scope of this 

delegation.

II. RESERVATIONS: None.

III. REDELEGATION

No further redelegation is permitted.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department's Principal 

Delegations Control Officer and supersedes all previous delegations of this 

authority.

__________/s/

Rod Paige
OGC Clearance and Date: /s/ David Berthiaume, 7/14/2004

Certified Date: 8/11/2004

Departmental Delegations Control Officer: /s/ Naty G. Beetle

Control Number: EA/EE/37
### NUMBER 13

- 21

- 00 3 19

- C V

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

– EDINBURG

CARRIE M. LEO

, Appellant,

v.

TYLER C. THOMAS AND

NICHOLAS STACEY D/B/A

FRAGILE PLANET WILDLIFE CENTER

FORMERLY KNOWN AS F R AGILE

PLANET WILDLIFE FOUNDATION

, Appellee s

.

On appeal from the 444 th District Court

of Cameron C ounty, Texas.



### MEMORANDUM OPINION

Before Justices Benavides

, Longoria , and Tijerina

Memorandum Opinion by Justice Tijerina

On September 20, 2021, appellant Carrie M. Leo appealed the trial court’s default

judgment. By one issue, appellant contends that the trial court improperly determined that

she is not indigent. We dismiss this appeal as moot.2

The record shows that during the pendency of th is appeal, on October 28, 2021,

the trial court signed a final judgment finding appellant indigent thereby granting the relief

she seeks in this appeal. Thus, appellant’s issue complaining of the trial court’s failure to

find her indigent has been remedied , and we conclude that this appeal is therefore moot.

See Flamingo Permian Oil & Gas, L.L.C. v. Star Expl., L.L.C., 569 S.W.3d 329, 331 (Tex.

App.

— El Paso 2019, no pet.) (dismissing an appeal as moot when the three complained

of appellate issues were remed ied by the trial court’s issuance of a subsequent order

executed while the appeal was pending); State v. Garza , 774 S.W.2d 724, 727 (Tex.

App.

— Corpus Christi

– Edinburg 1989, pet. ref’d) (“It is axiomatic that a cause becomes

moot when the appellate court’s judgment cannot have any practical legal effect upon a

controversy.”).

We dismiss the appeal as moot.

JAIME TIJERINA

Justice

Delivered and filed on the

10th day of N ovember , 202 1

.
#### FRANKLIN CREDIT RECOVERY FUND v. HUBER

No. 447P97

Case below: 127 N.C.App. 187

Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 6 November 1997.
### §361. Repealed. Aug. 11, 1955, ch. 790, §2, 69 Stat. 674

Section, acts Mar. 16, 1906, ch. 951, §4, 34 Stat. 64; Feb. 24, 1925, ch. 308, §4, 43 Stat. 971, provided for the administration of the agricultural experiment station program. See section 361g of this title.

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

#### Existing Rights and Liabilities

Act Aug. 11, 1955, ch. 790, §2, 69 Stat. 674, which repealed sections 361, 364, 366, 369, 369a, 371 to 376, 380, 382, 383, 386 to 386f, 427a to 427h, and 427j of this title, provided in part that any rights or liabilities existing under such repealed sections or parts of sections should not be affected by their repeal.
EXHIBIT 32.1 CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection
with the Annual Report of CreditRiskMonitor.com, Inc. (CRMZ) on Form 10-KSB
for the year ended December 31, 2007, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Jerome S. Flum, 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)
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.  By: /s/
Jerome S.
 FlumJerome S.
 FlumChief
 Executive OfficerMarch 28,
 2008
UNITED STATES ENVIRONY~AL P 

RmmN D( 

Mr. Leroy Williams 

April 13.2007 

Air oni it or in^ Project Leader 

Gila River Indian Community 

Department of Environmental Quality 

35 Pima Street 

Sacaton, Arizona 85247 

SUBJECT; Rtiizour ofthe Pro* Plan far the Ambient Air 

Monitoring Program (USEPA QA Office Document Control Number AIRPOI 2 IQVl ) 

Dear Mr. Williams: 

Thank you for submitting the Quality Assurance Projact Plan (QAPP) for the Gila 

River Indian Community Ambient Air Quality Monitoring Program, dated September 12, 

2006. We have reviewed the plan and have approved it for collection of environmental 

data. 

One minor wmtion should be made to the PMlO @articulate mata 10 microns 

or less in aerodynamic diameter) portion of the plan (Volume II). References to 40 CFR 

part 50, Appendix M should be revised to read Apwx J. When EPA revised the 

PMl 0 NAAQS in 1997 we developed a new Appendix M detailing the nfmce method 

for measuring PMlO in the atmosphere. 'Ibis appendix was subsequently rescinded by 

EPA as a result of a legal challenge to the revised PMlO NAAQS. The applicable 

appendix which details the reference method for PMlO is 40 CFR part 50, Appendix J. 

If pu have any questions regarding EF'A quality assurance requirements please 

contact Mathew Plate, USEPA Region 9 QA Office at (41 5) 972-3799. Questions 

rclgrrSt1gEfA amobht air III- roq.Pircmam &odd tmbctal to Ech PYUIPjltO, 

USEPA Region 9 Air Division Technical Support Office at (41 5) 947-4128. 

Again, we appreciate your agency's efforts in preparing this plan. We look 

forward to continuing to work with you as this program progresses 

Sincerely, 

Eugenia McNaughton, Manager 

Policy and Management Division 

Quality Assurance Ofiice 

Sean Hogan. Manager 

Air Division 

TochnicaI Support Office
#### § 37.510 What are my responsibilities for determining that a recipient is qualified?

Prior to award of a TIA, your responsibilities for determining that the recipient is qualified are the same as those of a grants officer who is awarding a grant or cooperative agreement. Those responsibilities are described in subpart D of 32 CFR part 22. When the recipient is a consortium that is not formally incorporated, you have the additional responsibility described in § 37.515.
II 

115TH CONGRESS 

1ST SESSION S. 529 

To prohibit the use of eminent domain in carrying out certain projects. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2017 

Mr. BOOZMAN (for himself and Mr. COTTON) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To prohibit the use of eminent domain in carrying out 

certain projects. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Assuring Private Prop5 erty Rights Over Vast Access to Land Act’’ or the ‘‘AP6 PROVAL Act’’. 

7 SEC. 2. PROHIBITION ON EMINENT DOMAIN FOR CERTAIN 

8 PROJECTS. 

9 Section 1222 of the Energy Policy Act of 2005 (42 

10 U.S.C. 16421) is amended— 

mstockstill on DSK3G9T082PROD with BILLS

2 

•S 529 IS

1 (1) by redesignating subsections (d) through (g) 

2 as subsections (f) through (i), respectively; and 

3 (2) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) PROHIBITION ON EMINENT DOMAIN.—Notwith6 standing any other provision of law (including regula7 tions), the Secretary, SWPA, and WAPA may not carry 

8 out any Project under this section through the use of emi9 nent domain, unless the use of eminent domain is explic10 itly authorized by— 

11 ‘‘(1) the Governor and the head of each applica12 ble public utility commission or public service com13 mission of the affected State; and 

14 ‘‘(2) the head of the governing body of each In15 dian tribe the land of which would be affected. 

16 ‘‘(e) SITING REQUIREMENT.—To the maximum ex17 tent practicable, a Project carried out under this section 

18 shall be sited on— 

19 ‘‘(1) an existing Federal right-of-way; or 

20 ‘‘(2) Federal land managed by— 

21 ‘‘(A) the Bureau of Land Management; 

22 ‘‘(B) the Forest Service; 

23 ‘‘(C) the Bureau of Reclamation; or 

24 ‘‘(D) the Corps of Engineers.’’. 

Æ 

mstockstill on DSK3G9T082PROD with BILLS
#### § 941.822 Special performance standards—operations in alluvial valley floors.

Part 822 of this chapter, *Special Permanent Program Performance Standards—Operations in Alluvial Valley Floors,* shall apply to any person who conducts surface coal mining and reclamation operations on alluvial valley floors.
### §428c. Transferred

#### **Editorial Notes**

#### Codification

Section 428c was editorially reclassified as section 5943 of this title.