alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of W 54-7 LLC, Appellant, v New York State Division of Housing and Community Renewal et al., Respondents.

[835 NYS2d 38]

*313Order and judgment (one paper), Supreme Court, New York County (Carol R Edmead, J.), entered April 19, 2006, which denied petitioner landlord’s application to annul the determination of respondent New York State Division of Housing and Community Renewal (DHCR) establishing the legal rent for the subject rent-stabilized apartment, and dismissed the petition, unanimously affirmed, without costs.

The statements made by Supreme Court in a prior action brought by petitioner against the tenants for a declaration that the subject apartment is rent stabilized, and seeming to determine the base date, were dicta, not relevant to the issue of stabilized status, not final on the issue of legal rent, inconsistent with the court’s acknowledgment that establishment of legal rent was a matter for DHCR, and not binding on DHCR. In establishing the legal rent on petitioner’s application under Rent Stabilization Code (9 NYCRR) § 2522.6, DHCR’s reliance on a schedule of fair market rents maintained by the Department of Housing and Urban Development was consistent with DHCR’s broad equity discretion to issue orders “with due regard for protecting tenants and the public interest against unreasonably high rent increases” (9 NYCRR 2522.7), at least where petitioner’s comparables were for apartments that were not subject to rent stabilization and petitioner failed to submit any information as to how the rents for its claimed comparables were calculated *(see Matter of Parcel 242 Realty v New York State Div. of Hous. & Community Renewal,*215 AD2d 132, 134 [1995], *lv denied*86 NY2d 706 [1995]; *cf. Matter of Weinreb v New York State Div. of Hous. & Community Renewal,*293 AD2d 397, 398 [2002], *lv denied*98 NY2d 610 [2002]). The legal rent was properly made effective as of 30 days after the filing of petitioner’s application (9 NYCRR 2522.2), and, given a determination that doubled the rent, it was not arbitrary and capricious for DHCR to direct that arrears be paid over a two-year period *(see Matter of Kramer v New York State Div. of Hous. & Community Renewal,*306 AD2d 172 [2003], *lv denied*2 NY3d 707 [2004]). We have considered petitioner’s other arguments and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Friedman, McGuire and Malone, JJ.
<PAGE>




                                                                    EXHIBIT 99.1

                        CERTIFICATION OF PERIODIC REPORT


I, John J. Holland, Chairman and Chief Executive Officer of Butler Manufacturing
Company, certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18
U.S.C. Section 1350, that:

(1)    The Quarterly Report on Form 10-Q of the Company for the quarterly period
       ended September 30, 2002 (the "Report") fully complies with the
       requirements of Section 13(a) or 15(d) of the Securities and Exchange Act
       of 1934 (15 U.S.C. 78m or 78o(d)); and

(2)    The information contained in the Report fairly presents, in all material
       respects, the financial condition, and results of operations of the
       Company.




November 14, 2002                          /s/ John J. Holland
-----------------                          -------------------------------------
Dated                                      John J. Holland
                                           Chairman and Chief Executive Officer
Exhibit 31.2
 SECTION 302 CERTIFICATION
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Camco Financial Corporation;2.
    
    Based on my knowledge, this quarterly report does not contain any untrue statement of a
material fact or omit to state 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 quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this quarterly report, fairly present in all material respects the financial condition,
results of operations and cash flows of Camco as of, and for, the periods presented in this
quarterly report;4.
    
    Camcos other certifying officers and I are responsible for establishing and maintaining
disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))
and internal control over financial reporting (as defined in Exchange Act Rules 13a 15(f) and
15d 15(f))for Camco and have:
 a.
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to Camco, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;b.
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and
the preparation of financial statements for external purposes in accordance with
generally accepted accounting principles;c.
    
    Evaluated the effectiveness of Camcos disclosure controls and
procedures and presented in this report our conclusion about the effectiveness of
the disclosure controls and procedures as of the end of the period covered by this
report based on such evaluations; andd.
    
    Disclosed in this report any change in Camcos internal control over
financial reporting that occurred during Camcos fiscal quarter that has materially
affected, or is reasonably likely to materially affect, Camcos internal control
over financial reporting.
 5.
    
    Camcos other certifying officers and I have disclosed, based on our most recent evaluation,
to the registrants auditors and the audit committee of Camcos board of directors (or persons
performing the equivalent functions):
 a.
    
    all significant deficiencies and material weaknesses in the design or
operation of internal controls over financial reporting which are reasonably likely
to adversely affect the registrants ability to record, process, summarize and
report financial information; andb.
    
    any fraud, whether or not material, that involves management or other
employees who have a significant role in Camcos internal control over financial
reporting.
 Date:
    
    May 12, 2008
    
    By:
    
    /s/ Eric S. NadeauEric S. Nadeau, Chief Financial Officer
#### In the Matter of L’Oursin, Inc., Petitioner, v. State Liquor Authority, Respondent.

Determination of the State Liquor Authority denying petitioner a Summer liquor license unanimously annulled, on the law and the facts, without costs, upon the ground that this record lacks substantial evidence to support the determination. Respondent is directed to issue such license. Concur — Botein, P. J., Rabin, McNally, Stevens and Eager, JJ.
S. J. Res. 34 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and seventeen 

Joint Resolution 

Providing for congressional disapproval under chapter 8 of title 5, United States 

Code, of the rule submitted by the Federal Communications Commission relating 

to ‘‘Protecting the Privacy of Customers of Broadband and Other Telecommunications Services’’. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That Congress 

disapproves the rule submitted by the Federal Communications 

Commission relating to ‘‘Protecting the Privacy of Customers of 

Broadband and Other Telecommunications Services’’ (81 Fed. Reg. 

87274 (December 2, 2016)), and such rule shall have no force 

or effect. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

JULIO ADRIAN MANZANO,

Defendant-Appellant.

No. 15-50496

D.C. No. 3:14-cr-03278-AJB

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Anthony J. Battaglia, District Judge, Presiding

Submitted April 11, 2017** 

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Julio Adrian Manzano appeals from the district court’s judgment and

challenges the 42-month sentence imposed following his guilty-plea conviction for

importation of methamphetamine, in violation of 21 U.S.C. §§ 952, 960. We have

jurisdiction under 28 U.S.C. § 1291. We affirm.

FILED

APR 20 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Manzano contends that the district court erred by denying his request for a

minor role adjustment under U.S.S.G. § 3B1.2. He argues that the court ignored

several factors identified in the commentary to the minor role Guideline, relied on

improper factors, and effectively treated simple couriers as categorically barred

from receiving a role adjustment. Reviewing de novo, see United States v.

Quintero-Leyva, 823 F.3d 515, 522 (9th Cir. 2016), we conclude that the district

court did not err. The record reflects the district court applied the correct legal

standard and gave ample consideration to the factors listed in the commentary. See

U.S.S.G. § 3B1.2 cmt. n.3(A), (C). The court was not required to “tick off” the

factors to show that it had considered them. See United States v. Carty, 520 F.3d

984, 992 (9th Cir. 2008) (en banc). Moreover, the court properly compared

Manzano’s culpability to that of his co-participants in the offense and did not rely

on any improper considerations. See Quintero-Leyva, 823 F.3d at 523. Finally,

the record shows that the court understood that Manzano was eligible for a minor

role adjustment, but concluded that the facts did not support an adjustment.

AFFIRMED.

2 15-50496
----

----

----

----

----

----

| PURCHASER:                                                                          |   | PHOTOMEDEX, INC. |
|-------------------------------------------------------------------------------------|--------|------------------|
|                                                                                |   |             |   |
|                                                                                |   |             |   |
|   /s/ Michael R. Stewart          |   |             | By:  /s/ Richard J. DePiano                       |
|                                                                                |   |             |   |
| Name: Michael R. Stewart                                                            |   |             | Name: Richard J. DePianoTitle: Chairman of the Board of Directors |

----

----
Case: 1:12-cv-02712 Document #: 54 Filed: 07/15/14 Page 1 of 5 PageID #:136
Case: 1:12-cv-02712 Document #: 54 Filed: 07/15/14 Page 2 of 5 PageID #:137
Case: 1:12-cv-02712 Document #: 54 Filed: 07/15/14 Page 3 of 5 PageID #:138
Case: 1:12-cv-02712 Document #: 54 Filed: 07/15/14 Page 4 of 5 PageID #:139
Case: 1:12-cv-02712 Document #: 54 Filed: 07/15/14 Page 5 of 5 PageID #:140
#### 235.070-2 Indemnification under contracts involving both research and development and other work.

These contracts may provide for indemnification under the authority of both 10 U.S.C. 3861 and Public Law 85-804. Public Law 85-804 will apply only to work to which 10 U.S.C. 3861 does not apply. Actions under Public Law 85-804 must also comply with FAR 50.104-3.

[56 FR 36416, July 31, 1991, as amended at 78 FR 21850, Apr. 12, 2013; 87 FR 76995, Dec. 16, 2022]
#### 1852.231-70 Precontract costs.

As prescribed in 1831.205-70, insert the following clause:

# Precontract Costs (JUN 1995)

The contractor shall be entitled to reimbursement for costs incurred on or after ________________ in an amount not to exceed $________ that, if incurred after this contract had been entered into, would have been reimbursable under this contract.

(End of clause)

[60 FR 29505, June 5, 1995]
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 45 Engrossed in Senate (ES)]

<DOC>
115th CONGRESS
  1st Session
S. J. RES. 45

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Condemning the deadly attack on May 26, 2017, in Portland, Oregon, 
   expressing deepest condolences to the families and friends of the 
   victims, and supporting efforts to overcome hatred, bigotry, and 
                               violence.

Whereas, on May 26, 2017, 3 brave community members--Rick Best, Taliesin Myrddin 
        Namkai-Meche, and Micah David-Cole Fletcher--were stabbed as they 
        protected 2 young women who were the targets of threatening anti-Muslim 
        hate speech while riding on the Metropolitan Area Express Light Rail 
        (commonly known as the ``MAX'') in Portland, Oregon;
Whereas Rick Best and Taliesin Myrddin Namkai-Meche lost their lives and Micah 
        David-Cole Fletcher was gravely injured as a result of the attack;
Whereas acts of heroism and sacrifice for the safety and sake of others in the 
        face of acts of domestic terrorism were demonstrated by the deceased and 
        surviving victims;
Whereas Oregonians and people across the United States grieve for the families 
        of all people affected by this needless tragedy; and
Whereas the people of the United States stand in solidarity against terrorism, 
        white supremacy, hate, and intolerance: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress--
            (1) condemns the deadly attack on May 26, 2017, in 
        Portland, Oregon, in which 2 innocent people were killed and 1 
        other person was injured while standing up to hate and 
        intolerance;
            (2) offers deepest condolences to the families and friends 
        of Rick Best and Taliesin Myrddin Namkai-Meche;
            (3) expresses hope for the swift and complete recovery of 
        Micah David-Cole Fletcher;
            (4) supports community efforts to heal from this terrible 
        crime; and
            (5) supports nationwide efforts to overcome hatred, 
        bigotry, and violence.

            Passed the Senate June 8, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                             S. J. RES. 45

_______________________________________________________________________

                            JOINT RESOLUTION

  Condemning the deadly attack on May 26, 2017, in Portland, Oregon, 
   expressing deepest condolences to the families and friends of the 
   victims, and supporting efforts to overcome hatred, bigotry, and 
                               violence.
```
2132.170 Recurring premium payments to Contractors. ( a ) OPM will make payments on a letter of credit (LOC) basis. OPM and the Contractor will concur on an estimate of benefits and administrative costs plus the fixed service or risk charge for the forthcoming contract year, as specified in the contract. The annual premium to the Contractor, based on this estimate, will be credited to the Contractor's LOC account in 12 equal monthly installments due on the first business day of each month and available for drawdown. OPM will credit the Contractor's LOC account for the December payment no later than the last business day of each calendar year. Following the close of the contract year, a reconciliation of premiums, benefits, and other costs will be performed as a limited cost redetermination. In addition, interest distribution payments will be made available for Contractor drawdown from the LOC account. The Contractor will use the LOC account in accordance with guidelines issued by OPM.
( b ) Withdrawals from the LOC account for benefit costs of $5,000 or more will be made on a claims-paid basis. Withdrawals from the LOC account for benefit costs of less than $5,000 and other FEGLI Program disbursements will be made on a checks-presented basis. Under a checks-presented basis, drawdown on the LOC is delayed until the checks issued for FEGLI Program disbursements are presented to the Contractor's bank for payment.
( c ) Nothing in this chapter will affect the ability of the Contractor to hold the special contingency reserve established and maintained in accordance with the terms of 5 U.S.C. 8712.
[70 FR 41153, July 18, 2005]
#### 22.403-3 Contract Work Hours and Safety Standards.

40 U.S.C. chapter 37, Contract Work Hours and Safety Standards, requires that certain contracts (see 22.305) contain a clause (see 52.222-4) specifying that no laborer or mechanic doing any part of the work contemplated by the contract shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 1 1/2 times the basic rate of pay (see 22.301).

[79 FR 24203, Apr. 29, 2014]
Appeal No. 74-245.

#### Nelson Construction Co., Inc. *v.*Rose Cottage Nursing Home, Inc.

*Thomas W. Pearlman,*for plaintiff. *Moses Kando,*for defendant.

Motion of plaintiff for a special assignment is denied.
#### In the Matter of the Intermediate Accounting of James W. Bassetts, as Administrator C. T. A. of the Will of Leslie A. Cronk, Deceased. (And Another Proceeding.)

Decision reserved on all applications. The proceeding is remanded to the Surrogate of Seneca County for a hearing on the sixth day of November, 1963 at 10:00 a.m. At that time and place the Surrogate, after hearing the attorneys for respective parties to the appeal, shall proceed as directed by subdivision (e) of rule 5525 of the Civil Practice Law and Rules to certify the correctness of the stenographic record of the trial. If it is impossible for the Surrogate so to certify he shall, within 15 days after November 6, 1963, make an order to that effect and file a certified copy thereof with the Clerk of this court. This direction, of course, does not prevent the certification of the record by one of the attorneys or stipulation thereof by all the attorneys, but in addition the ease must be settled by the Surrogate. This has never been done herein (see Surrogate’s Ct. Act, § 294; Rules Civ. Prae., rules 230, 234). The proposed nonsettled record on appeal filed in this court on March 15, 1963 will be transmitted to the Surrogate of Seneca County.
#### 231.603 Requirements.

Under 10 U.S.C. 4652, the costs cited in 231.205-22(a) are unallowable.

[61 FR 36306, July 10, 1996, as amended at 62 FR 47155, Sept. 8, 1997; 63 FR 14641, Mar. 26, 1998; 87 FR 76995, Dec. 16, 2022]
#### 1422.404-6 Modifications of wage determinations.

The HCA is authorized to request an extension for awards not made within 90 days after bid opening.
Publications

Table 20. Matrix of correlation coefficients (R) and p values (in parentheses) among significant risk factors for hepatic disease in English sole represented by chemical contaminants in bile and liver tissue. Significant correlations are indicated in bold type. N = 20 except for correlations with liver chemistry values, where N = 13.

Table 21. Intercompartmental matrix of correlation coefficients among significant risk factors for hepatic disease in English sole represented by chemical contaminants in the sediment, bile, liver tissue and stomach contents compartments. Significant correlations are indicated in bold type, with p values for significant correlations, and number of data points in correlation shown in parentheses.

Abbreviations for chemical compounds and classes are defined in Table 3. SC = stomach contents.
#### 2052.214-71 Bidder qualifications and past experiences.

As prescribed in 2014.201-670(b), the contracting officer may insert the following provision on an optional basis to fit the circumstances of the invitation for bid.

# Bidder Qualifications and Past Experience (OCT 1999)

(a) The bidder shall list previous/current contracts performed within the past * years (with no omissions) in which the Bidder was the prime or principal subcontractor. This information will assist the contracting officer in his/her Determination of Responsibility. Lack of previous/current contracts or failure to submit this information will not necessarily result in an unfavorable Determination of Responsibility.

(b) The following information shall be provided for each previous/current contract listed:

(1) Contract No.:

(2) Contract performance dates:

(3) Estimated total value of the contract (base plus all option years):

(4) Brief description of work performed under the contract:

(5) Contract Standard Industrial Code:

(6) Name and address of Government agency or commercial entity:

(7) Technical Point of Contact and current telephone number:

(8) Contracting Officer name and current telephone number:

(c) The bidder shall also provide the name, title and full telephone number of its technical representative and contracts/business representative:

(1) Technical Representative name:

Title:

Telephone No.( )

(2) Contracts/Business Representative name:

Title:

Telephone No. ( )

*To be incorporated into the solicitation

(End of provision)
227.7010 Assignments. ( a ) The clause at 252.227-7011 is an example which may be used in contracts of assignment of patent rights to the Government.
( b ) To facilitate proof of contracts of assignments, the acknowledgement of the contractor should be executed before a notary public or other officer authorized to administer oaths (35 U.S.C. 261).
19.304 Small disadvantaged business status. ( a ) The contracting officer may accept an offeror's representation that it is a small disadvantaged business concern (SDB) concern.
( b ) The provision at 52.219-1, Small Business Program Representations, or 52.212-3(c)(5), Offeror Representations and Certifications—Commercial Products and Commercial Services, is used to collect SDB data.
( c ) A representation of SDB status on a Federal prime contract will be deemed a misrepresentation of SDB status if the firm does not meet the requirements of 13 CFR 124.1001.
( d ) Any person or entity that misrepresents a firm's status as an SDB concern in order to obtain a contracting opportunity in accordance with section 8(d) of the Small Business Act, (15 U.S.C. 637(d)) will be subject to the penalties imposed by section 16(d) of the Small Business Act, (15 U.S.C. 645(d)), as well as any other penalty authorized by law.
[79 FR 61750, Oct. 14, 2014, as amended at 86 FR 61027, Nov. 4, 2021; 88 FR 53752, Aug. 8, 2023; 89 FR 13956, Feb. 23, 2024]
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t^f10mtS ELECTRONIC RECORD yffmf^

COA # 06-14-00088-CR

Companion cases

Samuel Deleon Garza v. The State

STYLE: of Texas

OFFENSE: 22.01

COUNTY: Hunt

COA DISPOSITION: Affirmed TRIAL COURT: 196th District Court

DATE: 3/10/15 Publish: No TC CASE #: 28,996

IN THE COURT OF CRIMINAL APPEALS

Samuel Deleon Garza v. The State of

STYLE: Texas

PRO S£ Petition

FOR DISCRETIONARY REVIEW IN CCA IS:

DATE: PyW«? 3.^. Z&^

JUDGE: /22-

CCA#: iLk-tS TMO Zfh/S

CCA Disposition:

DATE:

JUDGE:

SIGNED:

PUBLISH:

REHEARING IN CCA IS:

JUDGE:

PC:.

DNP:

MOTION FOR

ELECTRONIC RECORD