alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michael P. Grace, II, Appellant, v. Grace Institute et al., Respondents, et al., Defendants.

In an action to rescind and cancel a deed and purchase-money mortgage with respect to certain real property, to declare that the title to such property is in the defendant Grace Institute, and for incidental damages, plaintiff appeals: (1) from two orders of the Supreme Court, Nassau County, dated March 9, 1964, which granted the motions of the defendants Grace Institute and First Marl Corp. for summary judgment; and (2) from a judgment of said court entered March 17, 1964 pursuant to said orders, dismissing the amended complaint as against said defendants. Judgment and orders affirmed, with $10 costs and disbursements. We are of the opinion that the court below erred in granting the motions for summary judgment and dismissing the amended complaint on the ground stated by it, namely: that the instant action is barred under the doctrine of *res judicata*(cf. *Ripley*v. *Storer,*309 N. Y. 506; *Smith*v. *Kirkpatrick,*305 N. Y. 66; *Schuylkill Fuel Corp.*v. *Nieberg Realty Corp.,*250 N. Y. 304). Nevertheless, we conclude that the motions should have been granted on the ground that the plaintiff has failed, either by affidavit or other proof, to show facts disclosing the existence of a triable issue. Upon the record before us, and based upon the resolutions (duly adopted at the Feb. 11, 1960 meeting of the corporation, Grace Institute) which conferred upon the corporation’s officers power without limitation except as therein expressly prescribed, we believe it has been conclusively established that they were fully empowered and authorized to effectuate the sale and to make the conveyance in question. In any event, upon the facts presented, we are of the opinion that plaintiff would not be entitled to the relief which he seeks in this action (cf. *Chelrob, Inc.*v. *Barrett,*293 N. Y. 442; *Kalmanash*v. *Smith,*291 N. Y. 142). For these reasons, we hold that the amended complaint was properly dismissed as to both of the moving defendants. Beldock, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.
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## Breadcrumb

            -  Announcements 
            -           Report: 2022 National Survey on Drug Use and Health (NSDUH)      

# Report: 2022 National Survey on Drug Use and Health (NSDUH)

SAMHSA released reports and detailed tables from the 2022 National Survey on Drug Use and Health (NSDUH). The materials present nationally representative data on the use of tobacco, alcohol, and drugs; substance use disorders; mental health issues; and receipt of substance use and mental health treatment among the civilian, noninstitutionalized population aged 12 or older in the United States. **Learn more.**
----

| CLECO    POWER LLC                                                                                                            |   EXHIBIT 32(b)
Cleco Power LLC

CERTIFICATION  PURSUANT TO

18 U.S.C.  SECTION 1350,

AS ADOPTED  PURSUANT TO

SECTION 906  OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Cleco PowerLLC (the "Company") on Form 10-Q for the quarter ended September 30, 2005, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Michael H. Madison, Chief Executive Officer of the Company, andI, Kathleen F. Nolen, Senior Vice President and Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §906 ofthe Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of  Section 13(a) or 15(d) of the Securities Exchange Act of 1934;

(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 H. Madison

Michael H.  Madison     Chief Executive Officer

 

/s/  Kathleen F. Nolen

Kathleen F.  Nolen     Senior Vice President and      Chief Financial Officer |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### Darius GAINES, Petitioner-Appellant, v. Darrel G. ADAMS, Warden; Attorney General of the State of California, Respondents-Appellees.

No. 06-17272.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Oct. 18, 2007.

Filed Nov. 7, 2007.

Phillip H. Cherney, Esq., Visalia, CA, for Petitioner-Appellant.

Justain P. Riley, Office of the California Attorney General, Sacramento, CA, for Respondents-Appellees.

*701Before: ALARCÓN and TALLMAN, Circuit Judges, and DUFFY *, Senior Judge.

*

 The Honorable Kevin Thomas Duffy, Senior United States District Judge for the Southern District of New York, sitting by designation.

MEMORANDUM **

The trial court did not violate Gaines’s constitutional rights by failing to obtain a factual basis for his guilty plea. *See McCarthy v. United States,*394 U.S. 459, 464, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969) (stating that the procedures embodied in Federal Rule of Criminal Procedure 11 have not been held to be constitutionally mandated); *see also United States v. Newman,*912 F.2d 1119, 1120 (9th Cir.1990) (rejecting argument that federal constitution mandates the taking of the factual basis of a guilty plea). Moreover, the trial court properly advised Gaines of the direct consequences of his guilty plea; Gaines had no reasonable expectation of being sentenced anywhere other than state prison.

The California Court of Appeal did not unreasonably apply Supreme Court precedent when it concluded that Gaines knowingly and voluntarily waived any right to challenge his guilty plea on double jeopardy grounds. Gaines informed the court that he had sufficient time to cover the consequences of his guilty plea with trial counsel. He then responded affirmatively when asked if he was willing to waive any “654 or pleading difficulties.”

We review a district court’s factual findings and credibility determinations for clear error. *See Lambert v. Blodgett,*393 F.3d 943, 964 (9th Cir.2004). The district court applied the correct legal standard, *see Iaea v. Sunn,*800 F.2d 861, 865 (9th Cir.1986) (stating that a “gross mischaracterization of the likely outcome presented [by a plea bargain], combined with the erroneous advice on the possible effects of going to trial, falls below the level of competence required of defense attorneys”), and considered all evidence presented during the evidentiary hearing. The district court’s factual findings were not clearly erroneous.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
# C_2018079EN.01001601.xml

| 2.3.2018 | EN | Official Journal of the European Union | C 79/16 |
| --- | --- | --- | --- |

2.3.2018

EN

Official Journal of the European Union

C 79/16

---

Interest rate applied by the European Central Bank to its main refinancing operations (1):

0,00 % on 1 March 2018

Euro exchange rates (2)

1 March 2018

(2018/C 79/05)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2171 |
| JPY | Japanese yen | 129,98 |
| DKK | Danish krone | 7,4470 |
| GBP | Pound sterling | 0,88520 |
| SEK | Swedish krona | 10,1185 |
| CHF | Swiss franc | 1,1519 |
| ISK | Iceland króna | 123,70 |
| NOK | Norwegian krone | 9,6600 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,434 |
| HUF | Hungarian forint | 313,78 |
| PLN | Polish zloty | 4,1853 |
| RON | Romanian leu | 4,6573 |
| TRY | Turkish lira | 4,6435 |
| AUD | Australian dollar | 1,5746 |
| CAD | Canadian dollar | 1,5654 |
| HKD | Hong Kong dollar | 9,5263 |
| NZD | New Zealand dollar | 1,6866 |
| SGD | Singapore dollar | 1,6150 |
| KRW | South Korean won | 1 323,49 |
| ZAR | South African rand | 14,5200 |
| CNY | Chinese yuan renminbi | 7,7290 |
| HRK | Croatian kuna | 7,4480 |
| IDR | Indonesian rupiah | 16 800,16 |
| MYR | Malaysian ringgit | 4,7814 |
| PHP | Philippine peso | 63,239 |
| RUB | Russian rouble | 69,1788 |
| THB | Thai baht | 38,424 |
| BRL | Brazilian real | 3,9740 |
| MXN | Mexican peso | 23,0364 |
| INR | Indian rupee | 79,3245 |

Currency

Exchange rate

USD

US dollar

1,2171

JPY

Japanese yen

129,98

DKK

Danish krone

7,4470

GBP

Pound sterling

0,88520

SEK

Swedish krona

10,1185

CHF

Swiss franc

1,1519

ISK

Iceland króna

123,70

NOK

Norwegian krone

9,6600

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,434

HUF

Hungarian forint

313,78

PLN

Polish zloty

4,1853

RON

Romanian leu

4,6573

TRY

Turkish lira

4,6435

AUD

Australian dollar

1,5746

CAD

Canadian dollar

1,5654

HKD

Hong Kong dollar

9,5263

NZD

New Zealand dollar

1,6866

SGD

Singapore dollar

1,6150

KRW

South Korean won

1 323,49

ZAR

South African rand

14,5200

CNY

Chinese yuan renminbi

7,7290

HRK

Croatian kuna

7,4480

IDR

Indonesian rupiah

16 800,16

MYR

Malaysian ringgit

4,7814

PHP

Philippine peso

63,239

RUB

Russian rouble

69,1788

THB

Thai baht

38,424

BRL

Brazilian real

3,9740

MXN

Mexican peso

23,0364

INR

Indian rupee

79,3245

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

1

(2)  
  Source: reference exchange rate published by the ECB.

2

Source

---
### Current Grant Information

OSEP Grant Award Letters and Funding Tables
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## Breadcrumb

            -           Announcements      

# Report: Characteristics of Private Schools in the United States: Results from the 2015–16 Private School Universe Survey

This report provides select findings from the 2015–16 Private School Universe Survey to describe school size, school level, religious orientation, association membership, geographic region, community type, and program emphasis. **Learn more.**
#### 47.403-2 Air transport agreements between the United States and foreign governments.

Nothing in the guidelines of the Comptroller General (see 47.403) shall preclude, and no penalty shall attend, the use of a foreign-flag air carrier that provides transportation under an air transport agreement between the United States and a foreign government, the terms of which are consistent with the international aviation policy goals at 49 U.S.C. 1502(b) and provide reciprocal rights and benefits.
Form of Amendment to Supplemental Compensation Agreement



 Exhibit 10.3 
 AMENDMENT 
 TO 
 SUPPLEMENTAL COMPENSATION AGREEMENT 
 (McDonald) 
 THIS AMENDMENT, effective as of December 31, 2008, is
made and entered into by and between COLUMBIA STATE BANK (“Employer”) and MARK McDONALD (“Executive”). 
 Recitals 
 A. Employer and Executive are parties to a Supplemental Compensation Agreement
(“Original Agreement”), entered into February 28, 2007, pursuant to which Employer is obligated to make certain payments to Executive. 
 B. Employer and Executive have agreed to amend the Original Agreement to conform to the requirements of § 409A of the U.S. Internal Revenue Code of 1986, as amended. 
 NOW, THEREFORE, for and inconsideration of the above, and the mutual covenants, terms and conditions hereof, the parties hereto agree as
hereinafter set forth below. 
 Agreement 
 1. Payments on Death. The last sentence of Paragraph 5(D) of the Original Agreement is hereby amended to read as follows:

 “Payments will begin immediately upon the death of the Executive and will continue for a period of one hundred twenty
(120) consecutive months.” 
 2. Six Month Delay in Payments. The following new paragraph 8 is hereby
added to the Original Agreement: 
 “8. Specified Employee - Delay in Payments. If Executive is a “specified
employee,” then amounts payable to him under this Agreement on account of a “separation from service” that could cause him to be subject to the gross income inclusion, interest and additional tax provisions of U.S. Internal Revenue
Code (“IRC”) § 409A(a)(1) shall not be paid until after the end of the sixth calendar month beginning after such separation from service (the “Suspension Period”). Within fourteen (14) calendar days after the end
of the Suspension Period, the Company shall make a lump sum payment to Executive in cash in an amount equal to the sum of all payments delayed because of the preceding sentence. Thereafter, Executive shall receive any remaining payments under this
Agreement as if the immediately preceding provisions of this Paragraph 8 were not a part of the Agreement. For purposes of this Agreement, the terms “specified employee” and “separation from service” shall have the meanings given
to those terms in IRC § 409A and the Treasury regulations issued thereunder.” 
  

 1 









					
	EMPLOYER:	  	COLUMBIA STATE BANK
			
		  	By	  	  

		  		  	 Melanie J. Dressel
 Its
President

		
	EXECUTIVE:	  	  

		  	Andrew McDonald

  

 2
45.303 Use of Government property on independent research and development programs. The contracting officer may authorize a contractor to use the property on an independent research and development (IR&D) program, if— ( a ) Such use will not conflict with the primary use of the property or enable the contractor to retain property that could otherwise be released;
( b ) The contractor agrees not to claim reimbursement against any Government contract for the rental value of the property; and
( c ) A rental charge for the portion of the contractor's IR&D program cost allocated to commercial work is deducted from the claim for reimbursement of any agreed-upon Government share of the contractor's IR&D costs.
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
 THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
 EXTRACTED FROM THE STATEMENT OF INCOME, STATEMENT OF
 CASH FLOWS, BALANCE SHEET AND IS QUALIFIED IN ITS
 ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                                        <C>
<CIK>                               0000860520
<NAME>                             CIPSCO Inc.
<MULTIPLIER>                             1,000
<PERIOD-TYPE>                            6-MOS
<FISCAL-YEAR-END>                  DEC-31-1996
<PERIOD-START>                     JAN-01-1997
<PERIOD-END>                       JUN-30-1997
<BOOK-VALUE>                          PER-BOOK
<TOTAL-NET-UTILITY-PLANT>            1,468,982
<OTHER-PROPERTY-AND-INVEST>            117,798
<TOTAL-CURRENT-ASSETS>                 199,634
<TOTAL-DEFERRED-CHARGES>               129,844
<OTHER-ASSETS>                          28,946
<TOTAL-ASSETS>                       1,945,204
<COMMON>                               356,812
<CAPITAL-SURPLUS-PAID-IN>                    0
<RETAINED-EARNINGS>                    296,923
<TOTAL-COMMON-STOCKHOLDERS-EQ>         653,735
<PREFERRED-MANDATORY>                        0
<PREFERRED>                             80,000
<LONG-TERM-DEBT-NET>                   570,379
<SHORT-TERM-NOTES>                           0
<LONG-TERM-NOTES-PAYABLE>                    0
<COMMERCIAL-PAPER-OBLIGATIONS>          55,481
<LONG-TERM-DEBT-CURRENT-PORT>                0
<PREFERRED-STOCK-CURRENT>                    0
<CAPITAL-LEASE-OBLIGATIONS>                  0
<LEASES-CURRENT>                             0
<OTHER-ITEMS-CAPITAL-AND-LIAB>         585,609
<TOT-CAPITALIZATION-AND-LIAB>        1,945,204
<GROSS-OPERATING-REVENUE>              420,261
<INCOME-TAX-EXPENSE>                    16,165
<OTHER-OPERATING-EXPENSES>             356,661
<TOTAL-OPERATING-EXPENSES>             372,826<F1>
<OPERATING-INCOME-LOSS>                 47,435<F1>
<OTHER-INCOME-NET>                        (253)
<INCOME-BEFORE-INTEREST-EXPEN>          47,182
<TOTAL-INTEREST-EXPENSE>                17,540
<NET-INCOME>                            29,642<F2>
<PREFERRED-STOCK-DIVIDENDS>              1,841
<EARNINGS-AVAILABLE-FOR-COMM>           27,800
<COMMON-STOCK-DIVIDENDS>                35,773
<TOTAL-INTEREST-ON-BONDS>                    0
<CASH-FLOW-OPERATIONS>                   5,063
<EPS-PRIMARY>                              .82
<EPS-DILUTED>                              .82

<FN>
<F1> INCLUDES INCOME TAX EXPENSE.
<F2> NET INCOME BEFORE PREFERRED STOCK DIVIDEND OF SUBSIDIARY
        


</TABLE>
#### 46.707 Pricing aspects of fixed-price incentive contract warranties.

If a fixed-price incentive contract contains a warranty (see 46.708), the estimated cost of the warranty to the contractor should be considered in establishing the incentive target price and the ceiling price of the contract. All costs incurred, or estimated to be incurred, by the contractor in complying with the warranty shall be considered when establishing the total final price. Contractor compliance with the warranty after the establishment of the total final price shall be at no additional cost to the Government.
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Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

Featured Grant OpportunityResearch on Law Enforcement Responses to Opioid Overdoses (Funding Opportunity)

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

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## Breadcrumb

            -  Announcements 
            -           Resource: Empower Vape-Free Youth Campaign      

# Resource: Empower Vape-Free Youth Campaign

This webpage features materials for CDC’s Empower Vape-Free Youth Campaign. The campaign encourages middle and high school educators to speak with students about the risks of e-cigarettes and nicotine addiction. The campaign also provides resources for educators to help students avoid or quit vaping. Materials include fact sheets, conversation cards, videos, resources for youth, and more. **Learn more.**