alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Vincent P. Mariotti, Petitioner, v. Stanley Turecki et al., Constituting the Common Council of the City of North Tonawanda, Respondents.

Determination unanimously annulled, without costs, and matter remitted to respondents for further proceedings in accordance with the Memorandum. Memorandum: Petitioner brings this proceeding to review a determination of respondents suspending him for 30 days without pay from his position of police officer for allegedly “using insulting and abusive language while on duty”. The suspension order recites that the determination was by the unanimous vote of six members of the Common Council. Both petitioner and respondents apparently presented all available proof in connection with the charges of misconduct. Immediately at the close of the proceedings the President of the Common Council, without polling the other members and without any findings whatsoever, stated “ The decision of the Council after going over all the findings and circumstances here, it is the decision of this Committee here that Vincent Mariotti be suspended for 30 days without pay”. There was no finding of guilt and this summary action by the President was highly improper and requires that the matter be remitted to the respondents. The statement of charges contained four specific acts of misconduct. The absence of findings and decision as to which of the charges petitioner was found guilty mandates that the matter be remitted to the Common Council for a proper review of the testimony and the making of findings on each of the specifications of the charges *(Matter of Arcuri*v. *City of Utica,*24 A D 2d 534). “Determinations subject to judicial review must be based on findings which are sufficient to inform the court and parties as to the findings made, the basis of the findings, and whether the findings are supportable by the evidence” *(Matter of Di Orio*v. *Murphy,*20 A D 2d 754). (Review of determination suspending petitioner, a police officer, transferred by order of Brie Special Term.) Present — Williams, P. J., Bastow, Goldman, Del Vecchio and Marsh, JJ.
#### § 15.81 How proceedings are commenced.

Proceedings are commenced by mailing a notice to an applicant or recipient of alleged noncompliance with the Act and the Secretary's regulations thereunder. The notice will be signed by the interested agency head or by the Secretary and shall be filed with the hearing clerk for proper service by the hearing clerk according to the rules of this subpart. The notice shall include either a notice of hearing or notice of opportunity to request a hearing as determined by the Secretary and shall comply with the requirements of § 15.9(a).
**EXHIBIT 31.2****CERTIFICATION**I, Lawrence R. Samuels, certify that:1. I have reviewed this annual report on Form 10-K of UTi Worldwide Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15 (f) and 15d-15(f)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Designed such internal control over financial reporting, or caused suchinternal control over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance with generallyaccepted accounting principles;  (c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s fourth fiscal quarter thathas materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):(a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.   April 14, 2008  /s/ Lawrence R. Samuels Lawrence R. Samuels  Chief Financial Officer
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            -  Announcements 
            -           Resource: Judicial Leadership for Community-Based Alternatives to Juvenile Secure Confinement      

# Resource: Judicial Leadership for Community-Based Alternatives to Juvenile Secure Confinement

This infographic (PDF, 2 pages) discusses the benefits of community-based alternatives to secure confinement for justice-involved youth as well as for the communities where they live. It offers steps to guide judges on providing leadership for developing alternatives, explains which youth should be considered, details possible outcomes, and more. **Learn more.**
EXHIBIT 10(n)

 

AMENDMENT NO.2(MAY 14, 2001)

TO

FAHNESTOCK VINER HOLDINGS INC.1996 EQUITY INCENTIVE PLANAMENDED AND RESTATEDAS AT MAY 17, 1999

 

Effective May 14, 2001, the Fahnestock Viner Holdings Inc.1996 Equity Incentive Plan (Amended and Restated as at May 17,1999) be further amended by increasing the number of Class AShares which may be issued pursuant to Awards granted under thePlan and awards or options granted under other Plans of theCompany from 3,230,000 Class A Shares to 3,405,000 Class AShares.

__________________________

 

The foregoing amendment was approved by the Board of Directorsof the Corporation on February 28, 2001 and confirmed by holdersof Class B voting shares of the Corporation at the Annual andSpecial Meeting of Shareholders of the Corporation held on May14, 2001.

 

> 
[signed: A.W. Oughtred]                    A.Winn Oughtred, Secretary                    Fahnestock Viner Holdings Inc.
Exhibit 32.1

CERTIFICATION PURSUANT TO § 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, in connection with the filing of the Quarterly Report on Form 10-Q of International Coal Group, Inc. (the Company) for the period ended March 31, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company certifies, that, to such officers 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 as of the dates and for the
periods expressed in the Report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to International Coal Group, Inc. and will be
retained by International Coal Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



/s/ Bennett K. HatfieldName:

Bennett K. HatfieldTitle:

President and Chief Executive Officer(Principal Executive Officer)/s/ Bradley W. HarrisName:

Bradley W. HarrisTitle:

Senior Vice President, Chief Financial Officer and Treasurer(Principal Financial and Accounting Officer)


Date: May 9, 2008
EXHIBIT 31.2

CERTIFICATION PURSUANT TO 18 U.S.C. ss. 1350,

AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Marie Legere, certify that:



1. I have reviewed this quarterly report on Form 10 QSB of Homassist Corporation;



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 quarterly 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 13a-14 and 15d-14) for the registrant and I 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 us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b)

evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and



c)

presented in this report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



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



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; and



6. I have indicated in this report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





Date:  September 14, 2006





By: /s/ Marie Legere

Marie Legere

Chief Financial Officer
§ 15a.545 Pre-employment inquiries. ( a ) *Marital status.* A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss” or “Mrs.”
( b ) *Sex.* A recipient may make pre-employment inquiry as to the sex of an applicant for employment, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by this part.
#### § 1126.9 Handler.

See § 1000.9.
##### 



Exhibit 10.1
 FIRST AMENDMENT TO AMENDED AND RESTATED LOAN FUNDING AND
SERVICING AGREEMENT  (Fairway Finance Company Transaction with Patriot Capital Funding LLC I)
 THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED LOAN FUNDING AND SERVICING AGREEMENT Amendment PATRIOT CAPITAL FUNDING
LLC I Borrower PATRIOT CAPITAL FUNDING, INC. Servicer FAIRWAY FINANCE COMPANY, LLC Conduit
Lender BMO CAPITAL MARKETS CORP. BMO Agent WELLS FARGO BANK, NATIONAL ASSOCIATION Backup Servicer Trustee
 R E C I T A L S
 WHEREAS Agreement
 WHEREAS
 NOW, THEREFORE
 SECTION 1. AMENDMENTS
  Concentration Limits
 Concentration Limits




---



##### 



Concentration Limits
  Fee Letter
 Fee Letter
 Required Equity Contribution
 Required Equity Contribution
 SECTION 2. AGREEMENT IN FULL FORCE AND EFFECT AS AMENDED
  SECTION 3. REPRESENTATIONS
     -2-




---



##### 



SECTION 4. CONDITIONS TO EFFECTIVENESS
 Effective Date
 SECTION 5. MISCELLANEOUS
       -3-




---



##### 



THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AMENDMENT SHALL BE
GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK
WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PROVISIONS.
  -4-




---



##### 



IN WITNESS WHEREOF
 PATRIOT CAPITAL FUNDING LLC I, as theBorrowerBy:Name:Title:PATRIOT CAPITAL FUNDING, INC., as theServicerBy:Name:Title:
 [SIGNATURES CONTINUED ON FOLLOWING PAGE]




---



##### 



FAIRWAY FINANCE COMPANY, LLC,as the Conduit LenderBy:Name:Title:
 [SIGNATURES CONTINUED ON FOLLOWING PAGE]




---



##### 



BMO CAPITAL MARKETS CORP.,as theAgentBy:Name:Title:
 [SIGNATURES CONTINUED ON FOLLOWING PAGE]




---



##### 



WELLS FARGO BANK, NATIONALASSOCIATION, as the Backup Servicer and as theTrusteeBy:Name:Title:
|   | (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 fully presents, in all material respects, the financial condition and results of operations of the Registrant. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ Joseph Giuliano                                         |   |
|--------|-------------------------------------------------------------|--------|
|   | Joseph Giuliano                                             |   |
|   | Principal Executive Officer and Principal Financial Officer |
|   |                                                        |   |
|   | DATE: August 19, 2011                                       |   |

----
### THE THIRTEENTH COURT OF APPEALS

13

- 15

- 00156

- CR
Gabier Gonzales aka Harvey Gonzales aka Javier Gonzales v. The State of Texas
On Appeal from the 36th District Court of San Patricio County , Texas Trial Cause No. S

- 11

- 3069

- CR

JUDGMENT
THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. October 22, 2015
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1430.106 Administrative fees. ( a ) Dairy operations must pay an initial administrative fee to CCC in the amount of $100 at the time of initial registration to participate in MPP-Dairy. Each approved participating dairy operation must also pay a $100 administrative fee each year through 2018. Annual administrative fees are due and payable to CCC through the administrative county FSA office no later than the close of business on the last day of the annual election period established by the Deputy Administrator for each applicable calendar year of margin protection coverage under MPP-Dairy. The administrative fee paid is non-refundable.
( b ) The required annual administrative fee is per dairy operation. Therefore, multiple dairy producers in a single participating dairy operation are required to pay only one annual administrative fee for the participating dairy operation. Conversely, in the case of a dairy producer that operates more than one dairy operation, each participating dairy operation is required to pay a separate administrative fee annually.
( c ) Failure to pay the administrative fee timely will result in loss of margin protection coverage for the applicable calendar year. The payment will still be due, as provided in § 1430.109. However, coverage for the applicable calendar year, at the catastrophic level only, may be reinstated if the administrative fee is paid late, effective the consecutive 2-month period following payment of the late-filed administrative fee plus applicable charges, if any, and submission to FSA of the appropriate CCC form.
[79 FR 51462, Aug. 29, 2014, as amended at 81 FR 21705, Apr. 13, 2016]
§ 170.13 What are the operating guidelines for the USDA Farmers Market? ( a ) *Market Operation.* The Market will be held in parking court #9 of the USDA Headquarters Complex located on the corner of 12th Street and Independence Avenue, SW., Washington, DC. Selling will not begin before 10 a.m. and will end promptly at 2 p.m. each market day. All participants must be in place, setup and ready to sell by 10 a.m. Due to space restrictions at the site, late arrivals will be located at market management's discretion. All vehicles must vacate the market site no later than 3 p.m.
( b ) *Notification of Attendance.* Each participant must call USDA within 48 hours of a market day if they cannot attend. Failure to provide proper and timely notification may result in termination of participation in the market.
( c ) *Participant Space.* One vehicle is permitted per space; all other vehicles must be removed from the immediate market premises. One space is 16w × 17d feet, and all trucks must fit within that area. There is only room for 15 spaces.
( d ) *Signage.* Participants must clearly display the name of their farm/business and post prices for all items being sold.
( e ) *Clean-up.* Participants are responsible for cleaning all trash and waste within and around their allotted space. Garbage bins are provided on the market site for this purpose.
( f ) *Cooperative Marketing.* Participants are permitted to share space with another participant or sell another's products if the arrangement is deemed by market management as beneficial to the market. A co-op must be pre-approved by market management and will not be accepted if similar products are already sold by existing farmers or vendors.
( g ) *Farm/Business Visits.* Market management may visit farm/business locations to verify compliance with market criteria and guidelines. Participants should submit a map and directions to their farm/businesses with their market applications.
( h ) *Conduct on Federal Property:* Participants must comply with Subpart 20.3 of the Federal Property Management Regulations, “Conduct on Federal Property,” 41 CFR 20.3.
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 NL Industries,  Inc. (the Company) on
Form 10-Q for the quarter ended March 31, 2005 as filed with the  Securities and
Exchange Commission on the date hereof (the Report), I, Harold C. Simmons, Chief
Executive  Officer of the Company,  and I, Gregory M. Swalwell,  Chief Financial
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:

(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/ Harold C. Simmons
--------------------------
Harold C. Simmons
   Chief Executive Officer


/s/ Gregory M. Swalwell
--------------------------
Gregory M. Swalwell
   Chief Financial Officer


May 10, 2005


Note: The certification  the registrant  furnishes in this exhibit is not deemed
"filed" for purposes of Section 18 of the  Securities  Exchange Act of 1934,  as
amended,  or otherwise subject to the liabilities of that Section.  Registration
Statements or other documents filed with the Securities and Exchange  Commission
shall not incorporate this exhibit by reference,  except as otherwise  expressly
stated in such filing.