alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-02-0461-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

OCTOBER 28, 2003

______________________________

SEARS ROEBUCK AND CO., APPELLANT

V.

CHRISTINE J. TRIPP, INDIVIDUALLY AND AS PERSONAL 

REPRESENTATIVE OF THE ESTATE OF TERRY TRIPP,

DECEASED, AND AS NEXT FRIEND OF THOMAS L. TRIPP,

A MINOR, AND LELAND TRIPP AND BERNADINE TRIPP, APPELLEES

_________________________________

FROM THE 128TH DISTRICT COURT OF ORANGE COUNTY;

NO. A000482-C; HONORABLE PAT CLARK, JUDGE

_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

ON JOINT MOTION

Prior to submission of the merits of this appeal, appellant and appellees filed a joint

motion representing that a full and final settlement of all claims has been reached and that
2

they no longer wish to prosecute this appeal. To seek the trial court’s approval of the

settlement between appellant and Thomas L. Tripp, a minor child, the parties request the

following relief:

(1) set aside the judgment and remand the case to the trial court for rendition

of judgment in accordance with their agreement;

(2) dismiss the appeal;

(3) order each party to pay his or her own costs;

(4) order the trial court clerk to release the supersedeas bonds; and

(5) issue mandate.

To accord the trial court with jurisdiction to accomplish these matters and effectuate

the settlement agreement, we grant the motion and, without regard to the merits of the

appeal, set aside the trial court’s judgment and remand the cause for further proceedings.

See Tex. R. App. P. 42.1(2)(B); see also Kmart v. Jordan, No. 08-99-00447-CV, 2003

Tex.App. LEXIS 6795, at *1 (Tex.App.–El Paso Aug. 7, 2003). Regarding the supersedeas

bonds, we direct the trial court to order the bonds discharged in accordance with the

agreement of the parties. Pursuant to the motion, costs are to be assessed against the

party incurring them. Tex. R. App. P. 42.1(d). Having set aside the judgment at the

request of the parties, no motion for rehearing will be entertained and our mandate will

issue forthwith.

Don H. Reavis
3

 Justice
846.370-2 Frozen processed foods. ( a ) The contracting officer shall insert the clause at 852.246-72, Frozen Processed Foods, in solicitations and contracts for frozen processed foods.
( b ) The following frozen processed food products must contain a label that complies with the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301), which requires all ingredients be listed in accordance with their predominance order: ( 1 ) Frozen processed food products that contain meat, poultry, or a significant proportion of eggs.
( 2 ) Frozen processed food products that contain fish or fish products.
( 3 ) Frozen bakery products.
( c ) All procured frozen processed food products that contain meat, poultry or a significant proportion of eggs must meet the following requirements: ( 1 ) The products must be processed or prepared in plants operating under the supervision of the Department of Agriculture (USDA).
( 2 ) The product must be inspected and approved in accordance with USDA regulations governing meat, poultry, or egg inspection. A label or seal that indicates compliance with USDA regulations, affixed to the container, will be accepted as evidence of compliance.
( d ) All procured frozen processed food products that contain fish or fish products must meet the following requirements: ( 1 ) The product must be processed or prepared in plants or vessels, sanitarily inspected, approved, and certified by the United States Department of Commerce (USDC). The products are listed in USDC's publication “USDC Approved Establishments” under U.S. Establishments Approved for Sanitation and for Producing USDC Inspected Fishery Products. The inspected products packed under various labels bearing the brand names are produced in accordance with current U.S. Grade Standards or official product specifications, packed under optimum hygienic conditions, and must meet Federal, State, and city sanitation and health regulations. Such brand label or USDC seal indicating compliance with USDC regulations, affixed to a container, will be accepted as evidence of compliance.
( 2 ) If the conditions in paragraph (d)(1) of this section were not met (*e.g.,* no seal), the shipment may be lot-inspected by the USDC and containers stamped to indicate acceptance or a Certification of Inspection issued to accompany the shipment.
( e ) Producers of frozen bakery products that ship products in interstate commerce are required to comply with the Federal Food, Drug and Cosmetic Act. Therefore, the product must be verified as shipped interstate or that the producer ships products to other purchasers interstate.
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## Breadcrumb

            -  Announcements 
            -           Resource: Social Media: Tips for Child Welfare Workers      

# Resource: Social Media: Tips for Child Welfare Workers

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#### Commissioners of the State Insurance Fund, Appellant, v Fortune Interior Dismantling Corp., Respondent, et al., Defendants.

[777 NYS2d 436]

Order, Supreme Court, New York County (Harold Beeler, J.), entered March 19, 2003, which granted defendant Fortune Interior Dismantling Corp.’s motion to enforce a settlement and *428release, and enjoined plaintiff from denying workers’ compensation insurance coverage to nonparty Red Ball Demolition under Workers’ Compensation Law § 93 (b) and (c), unanimously affirmed, without costs.

The scope of a general release depends on the controversy being settled and the purpose for which the release is actually given. A release may not be read to cover matters which the parties did not intend to dispose of, or which were not in dispute at the time (see *Enock v National Westminster Bankcorp,*226 AD2d 235 [1996]). Here, the agreement with the State Insurance Fund reflects that without any admission of liability, defendants desire to settle “any and all claims [and] demands . . . which have arisen between them, their affiliates, successors or assigns, including, but not limited to, the matters raised in the Action.” The release provides, in consistent fashion, that plaintiff absolves Fortune and all affiliated entities of all “claims, causes of actions [sic], judgments and demands of any and every nature whatsoever which [plaintiff] ever had, ha[ve] or may have against [them] by reason of facts, events or occurrences, known or unknown, arising from or taking place prior to the effective date of th[e] Release, including but not limited to any claims, causes of actions [sic], judgments and demands of any and every nature arising from or related to” this particular policy issued by the State Insurance Fund, or the litigation referred to in the settlement agreement. Plaintiff ignores this broad language and seeks to limit the release to the action and this particular policy. There is no dispute that Red Ball is an affiliate within the meaning of the settlement agreement and release. Since plaintiffs claim for premiums under Red Ball’s own policy was pending when the settlement agreement was reached, the release extended to Red Ball as well (see *Williamson Cent. School Dist. v E & L Piping,*261 AD2d 937 [1999], *lv denied*93 NY2d 816 [1999]).

Plaintiffs newly raised argument that defendants should have commenced a new action with a new index number does not mandate reversal (see *Kamar v City of New York,*262 AD2d 57 [1999]), nor does the suggestion that defendants should have commenced a CPLR article 78 proceeding. The stipulated settlement and release were contracts entered by plaintiff in their long-recognized capacity akin to a private insurer *(see Matter of Carney v Newburgh Park Motors,*84 AD2d 599 [1981]), and defendants were seeking to enforce those contracts.

We have considered plaintiffs other arguments and find them unpersuasive. Concur—Tom, J.P., Sullivan, Williams, Lerner and Gonzalez, JJ.
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 quarterly report of AmBase Corporation (the “Company”) on
Form 10-Q for the period ending March 31, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Richard A. Bianco,
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 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 result of operations of the Company.








Date:  May  13,
2010                                                             /s/
Richard A. Bianco


Richard
A. Bianco


Chairman,
President and Chief Executive Officer


AmBase
Corporation
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 Annual Report of Glen Manor Resources Inc. on Form 10-KSB
for the year ended October 31, 2004, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Jerrold Burden, Chief Executive
Officer, President and Director 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 and belief:

         (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/ Jerrold  Burden
                                         -------------------
                                         Jerrold Burden
                                         Chief Executive Officer
                                         President and Director

Date: March 30, 2005
#### 814.201 Preparation of invitations for bids
#### § 1000.19 Commercial food processing establishment.

*Commercial food processing establishment* means any facility, other than a milk plant, to which fluid milk products and fluid cream products are disposed of, or producer milk is diverted, that uses such receipts as ingredients in food products and has no other disposition of fluid milk products other than those received in consumer-type packages (1 gallon or less). Producer milk diverted to commercial food processing establishments shall be subject to the same provisions relating to diversions to plants, including, but not limited to, §§ ____.13 and ____.52 of each Federal milk order.
EXHIBIT 31

CERTIFICATION PURSUANT TO SECTION 302


I, Briana Ramsey, Chief Financial Officer of Bellows
Acquisition Corporation, certify that:

1.   I have reviewed the attached report on Form 10-K.

2.   Based on my knowledge, this 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 report;

3.   Based on my knowledge, the financial statements, and other
     financial information included in this report, fairly present
     in all material respects the financial condition, results of
     operations and cash flows of the registrant as of, and for,
     the periods presented in this report;

4.   I am responsible for establishing and maintaining disclosure
     controls and procedures (as defined in Exchange Act Rules)
     for the registrant and have:

a)   designed such disclosure controls and procedures to ensure that
     material information relating to the registrant, including its
     consolidated subsidiaries, is made known to me by others within
     those entities, particularly during the period in which this
     report is being prepared;

b)   designed such internal control over financial reporting 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 the registrant's disclosure
     controls and procedures and presented in this report my
     conclusions about the effectiveness of the disclosure
     controls and procedures, as of the end of the period covered
     by this report based on such evaluations; and

d)   Disclosed in this report any change in the registrant's
     internal control over financial reporting that occurred
     during the registrant's most recent fiscal quarter (the
     registrant's fourth fiscal quarter in the case of an
     annual report) that has materially affected, or is reasonably
     likely to materially affect, the registrant's internal control
     over financial reporting; and

5.   I have disclosed, based on my most recent evaluation, to the
     registrant's auditors and the audit committee of registrant's
     board of directors (or persons performing the equivalent
     functions):

a)   all significant deficiencies in the design or operation of
     internal controls which could adversely affect the registrant's
     ability to record, process, summarize and report financial data
     and have identified for the registrant's auditors any material
     weaknesses in internal controls; and

b)   any fraud, whether or not material, that involves management or
     other employees who have a significant role in the registrant's
     internal controls.

      Date: April 10, 2009             /s/ Briana Ramsey
                                          Chief financial officer

<PAGE>
```

[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Proposed Rules]
[Page 42613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18122]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0037; FRL-9440-8]
RIN 2060-AN33

National Emission Standards for Hazardous Air Pollutants for 
Polyvinyl Chloride and Copolymers Production; Extension of Comment 
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of public comment period.

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

SUMMARY: The EPA is announcing that the period for providing public 
comments on the May 20, 2011, Proposed National Emission Standards for 
Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers 
Production is being extended for 14 days.

DATES: Comments. The public comment period for the proposed rule 
published May 20, 2011 (76 FR 29528) is being extended for 14 days to 
August 2, 2011, in order to provide the public additional time to 
submit comments and supporting information.

ADDRESSES: Comments. Written comments on the proposed rule may be 
submitted to EPA electronically, by mail, by facsimile or through hand 
delivery/courier. Please refer to the proposal for the addresses and 
detailed instructions.
    Docket. Publicly available documents relevant to this action are 
available for public inspection either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, Room 
3334, 1301 Constitution Avenue, NW., Washington, DC. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. A reasonable fee may be charged for copying.
    World Wide Web. The EPA Web site for this rulemaking is at: http://www.epa.gov/ttn/atw/pvc/pvcpg.html.

FOR FURTHER INFORMATION CONTACT: Ms. Jodi Howard, Refining and 
Chemicals Group (E143-01), Sector Policies and Programs Division, 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
Telephone number: (919) 541-4607; Fax number (919) 541-0246; Email 
address: howard.jodi@epa.gov.

SUPPLEMENTARY INFORMATION: 

Comment Period

    Due to requests we have received from industry to extend the public 
comment period for the May 20, 2011, Proposed Polyvinyl Chloride and 
Copolymers Production Rule, the EPA is extending the public comment 
period for an additional 14 days. Therefore, the public comment period 
will end on August 2, 2011, rather than July 19, 2011.

How can I get copies of this document and other related information?

    The EPA has established the official public docket No. EPA-HQ-OAR-
2002-0037. The EPA has also developed websites for the proposed 
rulemaking at the addresses given above.

    Dated: July 13, 2011.
Gina McCarthy,
Assistant Administrator for Air and Radiation.
[FR Doc. 2011-18122 Filed 7-18-11; 8:45 am]
BILLING CODE 6560-50-P
```
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## Breadcrumb

            -           Resource: A Guide to the Guidelines: Practical Tips for Juvenile Drug Treatment Courts to Implement      

# Resource: A Guide to the Guidelines: Practical Tips for Juvenile Drug Treatment Courts to Implement

This guide (PDF, 13 pages), developed by the National Council of Juvenile and Family Court Judges, describes the objectives outlined in OJJDP’s Juvenile Drug Treatment Guidelines (PDF, 60 pages) and provides suggested short-term and long-term actions related to each objective. Juvenile drug treatment courts (JDTC) can use this information to guide the implementation, operation, and evaluation of their practices.

http://www.ncjfcj.org/sites/default/files/NCJFCJ%20Guide%20to%20JDTC%20Guidelines_Final.pdf?utm_source=Youth.gov&utm_medium=federal-links&utm_campaign=Resource
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

IN RE: PRIVATE CRIMINAL COMPLAINT 

OF ALTON D. BROWN 

PETITION OF: ALTON D. BROWN 

:

:

:

:

:

No. 30 MM 2016 

 

ORDER 

PER CURIAM 

AND NOW, this 20th day of April, 2016, 2016, the Petition for Leave to File 

Petition for Allowance of Appeal Nunc Pro Tunc is DENIED. 

Justice Wecht did not participate in the consideration or decision of this matter.
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 annual report of Twin Lakes, Inc. (the "Company") on Form
10-KSB/A for the period ending December 31, 2003 as filed with the Securities
and Exchange Commission on March [], 2004 (the "Report"), I, Arnold P. Kling,
President of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 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 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.



                                    /s/ Arnold P. Kling
                                    ----------------------------
                                    Arnold P. Kling
                                    President
                                    February 25, 2005



A signed original of this certification has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.