alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1753.36 General. ( a ) This subpart implements and explains the provisions of the Loan Documents setting forth the requirements and the procedures to be followed by borrowers in purchasing and installing central office equipment financed with loan funds.
( b ) Terms used in this subpart are defined in § 1753.2 and Equipment Contract, RUS Contract Form 395 (RUS Contract Form 395).
( c ) Borrowers shall use RUS Contract Form 395, and associated RUS Form 395a, Equipment Contract Certificate of Completion (Including Installation), when the firm supplying the equipment will install it and RUS Contract Form 395 and associated RUS Form 395b, Equipment Contract Certificate of Completion (Not Including Installation) when the supplier of the equipment will not be installing it. In either case the appropriate specifications shall be included in the contract.
( d ) Alternates, if any, specified in the P&S shall be kept to a minimum.
( e ) The borrower shall take sealed competitive bids for all central office equipment to be purchased under RUS Contract Form 395 using the procedure set forth in Sec. 1753.38(a), unless RUS approval to negotiate is obtained.
( f ) The borrower may request permission to negotiate with a single supplier for additional central offices to standardize equipment on a system basis. RUS approval to negotiate must be obtained before release of the plans and specifications to the supplier. Except for remote switching terminals associated with an existing central office, RUS will not approve negotiation with a non-domestic manufacturer for the purpose of standardization because such a purchase does not meet the RE Act “Buy American” provisions.
( g ) Materials and equipment must meet the standards and general specifications approved by RUS.
( h ) Only new equipment shall be purchased unless otherwise approved by RUS.
( i ) All purchases of materials and equipment are subject to the “Buy American” requirements.
( j ) If the sealed competitive bid procedure is followed, negotiation after bid opening will not be permitted.
[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 1990, as amended at 64 FR 16607, Apr. 6, 1999; 81 FR 71582, Oct. 18, 2016]
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

558 

KA 14-01950 

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

ROBERT C. DIEHL, DEFENDANT-APPELLANT.

 

GARUFI LAW P.C., BINGHAMTON (CARMEN M. GARUFI OF COUNSEL), FOR

DEFENDANT-APPELLANT. 

LEANNE K. MOSER, DISTRICT ATTORNEY, LOWVILLE, D.J. & J.A. CIRANDO,

ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Lewis County Court (Donald E. Todd,

A.J.), rendered December 4, 2013. The judgment convicted defendant,

upon a nonjury verdict, of attempted grand larceny in the third

degree, offering a false instrument for filing in the first degree and

official misconduct. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him

following a nonjury trial of, inter alia, attempted grand larceny in

the third degree (Penal Law §§ 110.00, 155.35). Contrary to

defendant’s contention, County Court did not abuse its discretion in

allowing the People to reopen their proof to properly identify

defendant (see CPL 260.30 [7]). Although defendant is correct that

the People initially failed to ask their witnesses on direct

examination to identify defendant, the identity of defendant was 

“ ‘simple to prove and not hotly contested’ ” (People v Whipple, 97

NY2d 1, 7). 

By failing to renew his motion for a trial order of dismissal

after presenting evidence, defendant failed to preserve his challenge

to the legal sufficiency of the evidence (see People v Hines, 97 NY2d

56, 61, rearg denied 97 NY2d 678; People v Brown, 120 AD3d 1545, 1546,

lv denied 24 NY3d 1082). Viewing the evidence in light of the

elements of the crimes in this nonjury trial (see People v Danielson,

9 NY3d 342, 349), we conclude that the verdict is not against the

weight of the evidence (see generally People v Bleakley, 69 NY2d 490,

495). The court “was entitled to reject defendant’s version of the

events ‘and, upon our review of the record, we cannot say that the

court failed to give the evidence the weight that it should be 
-2- 558 

KA 14-01950 

accorded’ ” (People v McCoy, 100 AD3d 1422, 1422). 

Frances E. Cafarell

Entered: May 1, 2015

Clerk of the Court
#### § 160.49 Responsibility for inspection certificates and forms.

Certificate forms and other inspection record forms may be issued to an accredited processor, and the said processor shall be responsible for and accountable to the Department for all such material supplied to him. He shall require the licensed inspector to submit or otherwise make disposition of issued certificates in accordance with instructions received from the Administrator.
#### Raymond Lavoie *v.*Arbor Homes, Inc., et al.

*Norman 8. Drubner,*in support of the application.

Submitted September 27

decided October 6, 1971

The application by the named defendant for a stay of proceedings in the appeal from the Court of Common Pleas in Hartford County is denied.
2006-0002.

#### Samman v. Nukta.

Cuyahoga App. No. 85739, 2005-Ohio-5444. Reported at 109 Ohio St.3d 1406, 2006-Ohio-1703, 845 N.E.2d 523. On motion for reconsideration. Motion denied.
#### §§ 1778.38-1778.99 [Reserved]
#### §§ 1755.391-1755.396 [Reserved]
#### §§ 1755.408-1755.499 [Reserved]
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DAVID SCOTT DETRICH,

 Petitioner - Appellant,

 v.

CHARLES L. RYAN, Director of

Arizona Department of Corrections,

 Repondent - Appellee.

No. 08-99001

D.C. No. 4:03-cv-00229-DCB

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Ninth Circuit Rule 35-3. The three-judge panel opinion shall not be cited as

precedent by or to any court of the Ninth Circuit.

Judge Hurwitz did not participate in the deliberations or vote as to whether

the case should be taken en banc.

FILED

OCT 03 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
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## Breadcrumb

            -  Announcements 
            -           Resource: Suicide Provisional Estimates      

# Resource: Suicide Provisional Estimates

This webpage contains the CDC’s newest provisional estimates for suicide deaths in the United States in 2022. The data reveal that overall suicide rates increased approximately 2.6% from 2021 to 2022, while suicide rates for American Indian and Alaska Natives (AI/AN) decreased 6.1%, and suicide among people 10-24 years old decreased 8.4%.**Learn more.**
-       - Superintendent of Documents
      - 2023-09-01T22:36:30-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office
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## Breadcrumb

            -           Videos and Animated GIF About Labels Bring the Words of Teens to Life      

# Videos and Animated GIF About Labels Bring the Words of Teens to Life

StopBullying.gov launched two new videos, Labels Don't Define You and Labels Don't Define You 2, and an animated GIF that address the issue of labels and how words can be harmful. This project is a result of regular engagement and collaboration with one of the main audiences for StopBullying.gov: teens. Spread the word by sharing one or all of these animated pieces with your audiences.

http://www.stopbullying.gov/blog/2014/05/20/new-label-videos-and-animated-gif-bring-words-teens-life?utm_source=FindYouthInfo.gov&utm_medium=Federal%20links&utm_campaign=Reports-and-Resources
|      Serious faces staring at math books lightenup as soon as the uniformed visitor enters the classroom. The childrensmile and their eyes opened wide.  They know it is story time.     |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### §§ 1751.1-1751.99 [Reserved]
#### § 1486.504 Program income.

Program income means gross income earned by the Recipient that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance. Any such income generated from an activity, the expenditures for which have been wholly or partially reimbursed with EMP funds, shall be used by the Recipient in furtherance of its approved activities in the program period during which the EMP funds are available for obligation by the Recipient, or must be returned to CCC. The use of such income shall be governed by this part. Reasonable activity fees or registration fees, if identified as such in a project budget, may be charged for projects approved for program funding. The intent to charge a fee must be part of the original proposal, along with an explanation of how such fees are to be used. Any activity fees charged must be used to offset activity expenses or returned to CCC. Such fees may not be used as profit or counted as cost share.
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## Breadcrumb

            -           The Condition of Education 2014      

# The Condition of Education 2014

The Condition of Education 2014 presents an overview of the current state of education in the United States. The report includes 42 indicators, grouped under four areas: population characteristics, participation in education, elementary and secondary education, and postsecondary education. The report includes four Spotlights that look in-depth at issues of current policy interest. Spotlight topics include trends in employment rates by educational attainment, kindergarten entry status, the status of rural education, and financing of postsecondary education. 

http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2014083
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            -  Announcements 
            -           The Student Loan Payment Pause Has Been Extended (Share with Youth)      

# The Student Loan Payment Pause Has Been Extended (Share with Youth)

The pause on student loan payments, interests, and collections has been extended. The student loan payment pause is extended until 60 days after ED is permitted to implement the debt relief program (which is currently under review in the courts), or until the litigation is resolved. If the program has not been implemented and the litigation has not been resolved by June 30, 2023, payments will resume 60 days after that. ED will notify borrowers before payments restart. **Learn more.**
#### Griffin vs. Hedrick.

Case 92.

Error to the Pulaski Circuit; Brid&es, Judge.

*Promise.*

Evidence of conversion does not prove a contract to return.

April 28.

Chief Justice Ropertson

delivered Ihe Oninion of the Court.

We are of opinion that the evidence in this cause does not establish a contract of any kind between the plaintiff and defendant. It may shew that Griffin converted a clock owned by Hedrick, but it does not conduce to prove a promise to restore the clock upon demand. The court therefore, erred in entertaining jurisdiction of the cause: without any instruction to the jury, it would have been proper for the coiut to dismiss the whole proceedings for want of jurisdiction; II. J. J. Marshall’s Reports, 29.

Judgment reversed, and cause remanded for a new trial.
Exhibit 32.2

PRINCIPAL FINANCIAL OFFICER CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350

     In connection with the quarterly report of Eagle Bulk Shipping Inc. (the
"Company") on Form 10-Q for the quarter ended March 31, 2006, as filed with the
Securities and Exchange Commission (the "SEC") on or about the date hereof (the
"Report"), I, Alan Ginsberg, Principal 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.

     A signed original of this written statement has been provided to the
Company and will be retained by the Company and furnished to the SEC or its
staff upon request.

Date: May 9, 2006

/s/ Alan Ginsberg
------------------
    Alan Ginsberg
    Chief Financial Officer

25083.0001 #668643
Exhibit 32.1

Certification of Chief Executive Officer Pursuant to 18 U.S.C. § 1350 As Adopted Pursuant to Section 906 of the

Sarbanes-Oxley Act of 2002

Pursuant to
18 U.S.C. § 1350, adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Spansion Inc. (the Company) hereby certifies, to such officers knowledge, that:



| | (i.) | the Quarterly Report on Form 10-Q of the Company for the quarter ended June 27, 2010 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                     |  |  |  |  |  |                                      
|-------------------- |  |  |  |  |  | -------------------------------------
|Date: August 4, 2010 |  |  |  |  |  | /s/    John H. Kispert               
|                     |  |  |  |  |  | John H. Kispert                      
|                     |  |  |  |  |  | President and Chief Executive Officer
JOSB FY 2012 EX 10.6(g)






Exhibit 10.6(g)




ELEVENTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT


THIS ELEVENTH AMENDMENT (this “Amendment”) is made as of the 2nd day of April, 2013 to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of May 15, 2002, (as previously amended, the “Employment Agreement”), by and between CHARLES D. FRAZER (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).     


FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, Employer and Employee, being the sole parties to the Employment Agreement, hereby amend the Employment Agreement and agree that, subject to earlier termination as otherwise set forth in the Employment Agreement, the last day of the Employment Period shall be January 31, 2015.


Except as specifically amended hereby, the Employment Agreement shall remain in full force and effect according to its terms. To the extent of any conflict between the terms of this Amendment and the terms of the remainder of the Employment Agreement, the terms of this Amendment shall control and prevail. Capitalized terms used but not defined herein shall have those respective meanings attributed to them in the Employment Agreement. This Amendment shall hereafter be deemed a part of the Employment Agreement for all purposes.


     IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.




JOS. A. BANK CLOTHIERS, INC.


	
				
	By:
	/s/ R. NEAL BLACK
	 
	/s/ CHARLES D. FRAZER

	 
	R. Neal Black,
President-Chief Executive Officer
	 
	CHARLES D. FRAZER
PRIVATE LAW 106–5—JULY 6, 2000

Private Law 106–5

106th Congress

An Act

To deem the vessel M/V MIST COVE to be less than 100 gross tons, as measured

under chapter 145 of title 46, United States Code.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. VESSEL M/V MIST COVE.

(a) The Secretary of Transportation shall prescribe a tonnage

measurement as a small passenger vessel as defined in section

2101 of title 46, United States Code, for the M/V MIST COVE

(United States official number 1085817) for purposes of applying

the optional regulatory measurement under section 14305 of that

title.

(b) Subsection (a) shall not apply on any date on which the

length of the vessel exceeds 157 feet.

Approved July 6, 2000.

July 6, 2000

[H.R. 3903]