alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Attorney General of Texas 

December 28, 1979 

MARK WHITE 

Attorney General 

Mr. Evans N. Wents Opinion No. NW-12 0 

Executive Director 

State Commission for the Blind Re: Whether the Blind 

P. 0. Box 12866 

Austin, Texas 78’711 

Dear Mr. Wentx: 

Commission may maintain certain 

fun& outside the state treasury. 

You inquire about the following rider to your appropriation which is 

included in the current appropriations act: 

Funds accruing to the Commission for the Blind from 

the operation of food vending facilities shall be 

deposited to the State Treasury and such funds are 

hereby appropriated 

General Appropriations Act, Acts 1979, 66th Leg., ch. 843, art. IL You ask 

whether you must comply with this provision. The funds at issue derive from 

food vending machines operated by blind people on federal property. 

Federal law provides authorization for this program and directs the use of 

funds set aside from the net proceeds of the operation. 20 U.S.C. SS 107, 

107b; 41 C.F.R. SSlOl-20.200 - 101-20.209. The Blind Commission 

administers the program for the state. Human Resources Code ch. 94. It is 

suggested that the funds are trust funds which cannot be deposited in the 

state treasury. See Friedman v. American Surety Co. of New York, 151 

S.W.2d 570 (Tex. 1941); Manion v. Lockhart, 114 S.W.2d 216 (Tex. 1938). 

In our opinion, federal law does not prohibit the deposit of these funds 

ln the state treasury. The law earmarks certain funds for particular 

purposes but does not establish procedures for handling them. 20 U.S.C. 

SS 107l$2), 107d-3(a). See also 45 C.F.R. S1369. The quoted rider 

apprcpriates the funds placed in the treasury. They are available to be used 

for the purposes specified by federal law, and thus the Commission is 

required to deposit them in the State Treasury. 

SUMMARY 

Funds accruing to the Commission for the Blind from 

the operation of food vending facilities shall be 

p. 376 
Mr. Evans N. Wentz - Page Two (lW-120) 

deposited in the state treasury as required by rider to the 

appropriation act. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by Susan Garrison 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

. C. Robert Heath, Chairman 

David B. Brooks 

Bob Gammage 

Susan Garrison 

Rick Gilpin 

Bruce Youngblood 

P- 377
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## Breadcrumb

            -           Reports: Regional Behavioral Health Barometers      

# Reports: Regional Behavioral Health Barometers

SAMHSA released a series of behavioral health barometers presenting data for each of the 10 HHS regions of the United States. Each report uses data from the National Survey on Drug Use and Health related to youth and adult mental health and substance use and treatment. 

http://content.govdelivery.com/accounts/USSAMHSA/bulletins/11beb8c?utm_source=youth.gov%60&utm_medium=federal-links&utm_campaign=reports-and-resources
§ 1.180 Definitions. ( a ) The definitions contained in § 1.132 of this part are incorporated into and made applicable to this subpart.
( b ) *Adjudicative Officer* means an administrative law judge, administrative judge, or other person assigned to conduct a proceeding covered by EAJA.
( c ) *Agency* means an organizational unit of the Department whose head reports to an official in the Office of the Secretary.
( d ) *Agency counsel* means the attorney from the Office of the General Counsel representing the agency of the Department administering the statute involved in the proceeding.
( e ) *Days* means calendar days.
( f ) *Department* means the United States Department of Agriculture.
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 Gregg Appliances, Inc. (the Company)
Quarterly Report on Form 10-Q for the period ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jerry W. Throgmartin, Chairman and 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, as amended; 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/ Jerry W. ThrogmartinJerry W. ThrogmartinChairman and Chief Executive Officer


Dated: February 14, 2007
**EXHIBIT 21.1**The following table sets forth the name and jurisdiction of incorporation/charter of theRegistrant’s subsidiaries. Inactive subsidiaries are not listed. All of the subsidiaries are 100%owned by Bank Mutual.   Name of Subsidiary Jurisdiction ofIncorporation/Charter   Bank Mutual (1) USAFirst Northern Investments, Inc. NevadaBancMutual Financial & Insurance Services,Inc. (f/k/a “Lake Financial and InsuranceServices, Inc.”) WisconsinMC Development LTD WisconsinMutual Investment Corporation Nevada(1) Direct subsidiary of Bank Mutual Corporation.Two other entities are 50% owned   Name of Subsidiary Jurisdiction ofIncorporation/Charter   Savings Financial Corporation (50% owned) WisconsinArrowood Development LLC (50% owned) (2) Wisconsin(2) Owned by MC Development LTD
919.201 General policy. ( c ) The Director, Office of Small and Disadvantaged Business Utilization, Headquarters, is responsible for the administration of the Department of Energy (DOE) small, small disadvantaged, and women-owned small business programs. The Executive Director, Federal Energy Regulatory Commission, is responsible for the administration of the Commission's small, small disadvantaged, and women-owned small business programs. This includes responsibility for developing, implementing, executing, and managing these programs, providing advice on these programs, and representing DOE before other Government agencies on matters primarily affecting small, small disadvantaged, and women-owned small businesses. The Heads of Contracting Activities (HCAs) shall appoint a small business specialist.
[50 FR 12185, Mar. 27, 1985, as amended at 59 FR 9106, Feb. 25, 1994; 61 FR 21976, May 13, 1996; 75 FR 69012, Nov. 10, 2010]
(December 8, 1964)

#### Bernardine Verro, Respondent, v. Chemical Corn Exchange Bank, Appellant.

Judgment affirmed, with $50 costs to the respondent.

MoNally, J. (dissenting).

I dissent and vote to reverse and dismiss the complaint on the ground there is no actionable negligence.

Plaintiff, 56 years of age at the time of trial, 5 feet 6 inches in height and weighing 226 pounds, brought this action to recover for personal injuries claimed to have been received on July 18, 1958 at the Chemical Com Exchange Bank, 167th Street and Jerome Avenue in the Bronx, where it is alleged *864she hit her hark bn a ledge which jutted out approximately 2 to 23/2 inches over the back of a chair in which she was about to sit. Plaintiff also, alleges that the chair on which she sat had been brought by a bank guard.

The claim of negligence is the placement of the chair under a ledge so that the ledge protruded about 2 to 2% inches over the back of the chair. The ledge was approximately 3% to 4 feet high and about 4 inches above the back of the chair. •

In my opinion there is no actionable negligence. The physical facts were equally available and apparent to plaintiff and defendant through its employee. If, as plaintiff contends, the chair was placed too close to the ledge, it was consequent on an error in judgment as to its placement for which the plaintiff must assume responsibility. Whether the responsibility of the plaintiff was partial or total is of no consequence. In no view of the ease was plaintiff legally justified in failing to observe and act on the physical facts by removing the chair if it appeared to be in a place of possible danger. In addition, it is virtually impossible to conceive how the accident described could have caused the injuries claimed to have resulted. On this phase of the case the verdict is clearly against the weight of the evidence.

Breitel, J. P., Rabin and Stevens, JJ., concur in decision; McNally, J., dissents and votes to reverse and dismiss the complaint in opinion, in which Steuer, J., concurs.

Judgment affirmed, with $50 costs to the respondent.
#### In the Matter of Benedict A. Caiola, Admitted as Benedict Anthony Caiola, an Attorney.

— Motions granted and respondent is reinstated to practice as an attorney and counselor at law in the State of New York. Concur — Murphy, P. J., Sandler, Sullivan, Markewich and Lupiano, JJ.
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## Breadcrumb

            -  Announcements 
            -           Webinar Recording: Youth Apprenticeship and Opportunity Youth - What's Working and How Can WIOA Youth Funds be Used?      

# Webinar Recording: Youth Apprenticeship and Opportunity Youth - What's Working and How Can WIOA Youth Funds be Used?

This webinar recording describes the work-based learning continuum, the components of Registered Apprenticeship (RA), and the Youth Apprenticeship (YA) model. Presenters explain how Workforce Innovation and Opportunity Act (WIOA) funds can be used to support activities, and they share success stories from North Carolina apprenticeship programs. **Learn more.**
<PAGE>


Exhibit 99.3

              Certification Pursuant to Section 1350 of Chapter 63
                      of Title 18 of the United States Code

         I, Marcia S. Blaylock, the chief accounting officer of CLARCOR Inc.,
certify that (i) the Form 10-Q Quarterly Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in the Form 10-Q Quarterly Report fairly
presents, in all material respects, the financial condition and results of
operations of CLARCOR Inc.



                                                  /s/ Marcia S. Blaylock
                                           -------------------------------------
                                                    Marcia S. Blaylock
                                              Vice President, Controller and
                                                  Chief Accounting Officer



                                  Page 31 of 31
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Video Without Boundaries, Inc. (the Company) on Form 10-KSB , as amended
, for the period ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, V. Jeffrey Harrell, Chief Executive Officer, President and Principal Financial and Accounting Officer 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, as amended; and

(2)

The information contained in the Report, fairly presents, in all material respects, the financial condition and result of operations of the Company.

|    |                                                                                                       | 
|--- | ----------------------------------------------------------------------------------------------------- | 
|By: | /s/ V. JEFFREYHARRELL                                                                                 | 
|    | V. Jeffrey Harrell,
Chief Executive Officer,
President and
Principal Financial and
Accounting Officer | 

January 6, 2006
1 United States Court of Appeals Fifth Circuit 

## FILED August 17, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20578

KENNETH M. MORRIS, Plaintiff-Appellant,
versus EQUIFAX INFORMATION SERVICES, LLC; ET AL, Defendants, EQUIFAX INFORMATION SERVICES, LLC, Defendant-Appellee.
Appeal from the United States District Court for the Southern District of Texas, Houston

ON PETITION FOR REHEARING
Before GARWOOD, HIGGINBOTHAM, and CLEMENT, Circuit Judges. PER CURIAM: IT IS ORDERED that the petition for rehearing is granted, and our prior opinion herein issued July 24, 2006 is hereby modified, to the extent set forth below and not otherwise. The sentence in our July 24, 2006 opinion reading “The district court had jurisdiction based on diversity o f citizenship, 28 U.S.C. § 1332, and we have2

jurisdiction under 28 U.S.C. § 1291.” is hereby withdrawn and is replaced by the following: “The district court had jurisdiction unde r 28 U.S.C. § 1331 and 15 U.S.C. § 1681p, and we have jurisdiction under 28 U.S.C. § 1291.” In all other respects the motion for rehearing is denied and
our July 24, 2006 opinion, as hereinabove modified, remains in full force and effect.
#### 952.204-77 Computer security.

As prescribed in 904.404(d)(7), the following clause shall be included:

# Computer Security (AUG 2006)

(a) *Definitions.* (1) *Computer* means desktop computers, portable computers, computer networks (including the DOE Network and local area networks at or controlled by DOE organizations), network devices, automated information systems, and or other related computer equipment owned by, leased, or operated on behalf of the DOE.

(2) *Individual* means a DOE Contractor or subcontractor employee, or any other person who has been granted access to a DOE computer or to information on a DOE computer, and does not include a member of the public who sends an e-mail message to a DOE computer or who obtains information available to the public on DOE Web sites.

(b) *Access to DOE computers.* A Contractor shall not allow an individual to have access to information on a DOE computer unless—

(1) The individual has acknowledged in writing that the individual has no expectation of privacy in the use of a DOE computer; and

(2) The individual has consented in writing to permit access by an authorized investigative agency to any DOE computer used during the period of that individual's access to information on a DOE computer, and for a period of three years thereafter.

(c) *No expectation of privacy.* Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986), no individual using a DOE computer shall have any expectation of privacy in the use of that computer.

(d) *Written records.* The Contractor is responsible for maintaining written records for itself and subcontractors demonstrating compliance with the provisions of paragraph (b) of this section. The Contractor agrees to provide access to these records to the DOE, or its authorized agents, upon request.

(e) *Subcontracts.* The Contractor shall insert this clause, including this paragraph (e), in subcontracts under this contract that may provide access to computers owned, leased or operated on behalf of the DOE.

(End of clause)

[71 FR 40885, July 19, 2006, as amended at 74 FR 36368, 36378, July 22, 2009]
§ 1.314 Parties to the hearing. ( a ) The parties to the hearing shall be the respondent and USDA. The proceeding shall be brought in the name of the Secretary.
( b ) Pursuant to 31 U.S.C. 3730(c)(5), a private party plaintiff under the False Claims Act may participate in proceedings under this subpart to the extent authorized by the provisions of that Act.
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## Breadcrumb

            -           Problem-Oriented Guides for Police      

# Problem-Oriented Guides for Police

The Problem-Oriented Guides for Police summarize knowledge about how police can reduce the harm caused by specific crime and disorder problems. They are guides to prevention and to improving the overall response to incidents, not to investigating offenses or handling specific incidents.

http://www.popcenter.org/problems/
#### § 1033.19 Commercial food processing establishment.

See § 1000.19.