alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 51.1276 Black end.

*Black end* is evidenced by an abnormally deep green color around the calyx, or black spots usually occurring on the one-third of the surface nearest to the calyx, or by an abnormally shallow calyx cavity.
###### Editorial Note on Part 4290

#### Editorial Note:

Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

#### § 4290.502 Representations to the public.

You may not represent or imply to anyone that the Agency, the U.S. Government, or any of its agencies or officers has approved any ownership interests you have issued, obligations you have incurred, or Financings you have made. You must include a statement to this effect in any solicitation provided to investors. Example: You may not represent or imply that “USDA stands behind the RBIC” or that “Your capital is safe because the Agency's experts review proposed investments to make sure they are safe for the RBIC.”
**EXHIBIT 32.1**

**CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906**

**OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Entremetrix Corporation (the “Company”) on Form 10-Q for the quarter ended March 31, 2006, as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Scott W. Absher, President of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

 (2)        Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

| Dated:          May 22, 2006 |  /s/ Scott W. Absher |
|------------------------------|---------------------------|
|                         | By:  Scott W. Absher      |
|                         | Its:  President           |

 

 

A signed original of this written statement required by Section 906 has been provided to Entremetrix Corporation and will be retained by Entremetrix Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

LOUIS A. WINGARD, III,

Plaintiff,

v. Case No. 4:20-cv-341-AW-MAF

LIBRARY SUPERVISOR SPRIGLE, 

OFFICER VANN, and MS. SMALL,

Defendants.

_______________________________/

ORDER OF DISMISSAL

Louis Wingard sued three prison employees, alleging that they violated his 

state and federal rights of access to courts. The operative complaint (the second 

amended complaint, ECF No. 22) alleges that the three defendants controlled the 

prison’s “Excess Legal Property Storage Room,” from which certain of Wingard’s

discovery files related to his criminal case went missing. ECF No. 22 at 3-6. He sued 

the three in their individual and official capacities, asserting a § 1983 First 

Amendment claim and a claim under Article I, § 21 of the Florida Constitution. 

Defendants moved for summary judgment, and Wingard responded. The 

magistrate judge has issued a report and recommendation concluding that summary 

judgment should be granted as to the federal claims and that the court should decline 

to exercise jurisdiction over the state-law claims. ECF No. 78. Neither side has filed 

any objection. 

Case 4:20-cv-00341-AW-MAF Document 81 Filed 01/03/23 Page 1 of 3
2

Defendants correctly argue that Eleventh Amendment immunity precludes 

suit against the Defendants in their official capacities. As to the § 1983 claims 

against Defendants in their individual capacities, they fail on the merits because 

Wingard has not shown any access-to-courts injury. As to the state-law claims, I 

exercise my discretion to decline supplemental jurisdiction. So the state-law claims 

will be dismissed without prejudice. 

It is now ORDERED:

1. The Fourth Report and Recommendation (ECF No. 78) is adopted and 

incorporated into this order.

2. The summary-judgment motion (ECF No. 69) is GRANTED in part. 

The official-capacity § 1983 claims are dismissed based on Eleventh Amendment 

immunity. The individual-capacity § 1983 claims are dismissed on the merits. The

court declines to exercise discretion as to the state-law claims. 

3. The clerk will enter a judgment that says, “This case was resolved at 

the summary-judgment stage. It is ordered that: (1) Plaintiff’s federal claims against 

Defendants in their official capacities are dismissed based on Eleventh Amendment 

immunity; (2) Plaintiff’s federal claims against Defendants in their individual 

capacities are dismissed on the merits; (3) Plaintiff’s state-law claims are dismissed 

without prejudice.”

4. The clerk will then close the file. 

Case 4:20-cv-00341-AW-MAF Document 81 Filed 01/03/23 Page 2 of 3
3

SO ORDERED on January 3, 2023. 

s/ Allen Winsor

United States District Judge

Case 4:20-cv-00341-AW-MAF Document 81 Filed 01/03/23 Page 3 of 3
32.503 Postaward matters.

This section covers matters that are generally relevant only after award of a contract. This does not

preclude taking actions discussed here before award, if appropriate; e.g., preaward review of

accounting systems and controls.

32.503-1 [Reserved]

32.503-2 Supervision of progress payments.

32.503-3 Initiation of progress payments and review of accounting system.

32.503-4 Approval of progress payment requests.

32.503-5 Administration of progress payments.

32.503-6 Suspension or reduction of payments.

32.503-7 [Reserved]

32.503-8 Liquidation rates-ordinary method.

32.503-9 Liquidation rates-alternate method.

32.503-10 Establishing alternate liquidation rates.

32.503-11 Adjustments for price reduction.

32.503-12 Maximum unliquidated amount.

32.503-13 [Reserved]

32.503-14 Protection of Government title.

32.503-15 Application of Government title terms.

32.503-16 Risk of loss.

Parent topic: Subpart 32.5 - Progress Payments Based on Costs
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
INSTRUMENT SYSTEMS INC.'S ANNUAL REPORT ON FORM 10-K FOR THE YEAR ENDED
DECEMBER 28, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-END>                               DEC-28-1996
<CASH>                                         522,688
<SECURITIES>                                     7,452
<RECEIVABLES>                                  320,312
<ALLOWANCES>                                    16,981
<INVENTORY>                                    213,683
<CURRENT-ASSETS>                             1,124,910
<PP&E>                                         250,976
<DEPRECIATION>                                  72,313
<TOTAL-ASSETS>                               1,924,400
<CURRENT-LIABILITIES>                          488,207
<BONDS>                                        399,214
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,767
<OTHER-SE>                                     736,500
<TOTAL-LIABILITY-AND-EQUITY>                 1,924,400
<SALES>                                      1,209,362
<TOTAL-REVENUES>                             1,209,362
<CGS>                                          654,165
<TOTAL-COSTS>                                  654,165
<OTHER-EXPENSES>                                87,591
<LOSS-PROVISION>                                 2,274
<INTEREST-EXPENSE>                              28,923
<INCOME-PRETAX>                                189,923
<INCOME-TAX>                                    51,727
<INCOME-CONTINUING>                            132,751
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   132,751
<EPS-PRIMARY>                                     1.40
<EPS-DILUTED>                                     1.27
        


</TABLE>
#### § 3565.502 Incontestability.

In the case of loans that back Ginnie Mae securities or loans that are acquired by Ginnie Mae as a consequence of its guaranty, the Agency guarantee under this part is incontestable except that the guarantee may not be enforced by a lender who commits fraud or misrepresentation or by a lender who had knowledge of the fraud or misrepresentation at the time such a lender acquired the guarantee or was assigned the loan.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
 <CIK>                        0000755465
<NAME>                        Sandata, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     $
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              MAY-31-1998
<PERIOD-START>                                 SEP-01-1997
<PERIOD-END>                                   NOV-30-1997
<EXCHANGE-RATE>                                1.0
<CASH>                                         1,572,534
<SECURITIES>                                   0
<RECEIVABLES>                                  1,815,872
<ALLOWANCES>                                   250,800
<INVENTORY>                                    62,057
<CURRENT-ASSETS>                               4,109,143
<PP&E>                                         11,391,583
<DEPRECIATION>                                 5,602,169
<TOTAL-ASSETS>                                 10,473,303
<CURRENT-LIABILITIES>                          2,440,566
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1,560
<OTHER-SE>                                     7,352,987
<TOTAL-LIABILITY-AND-EQUITY>                   10,473,303
<SALES>                                        2,972,524
<TOTAL-REVENUES>                               3,056,313
<CGS>                                          0
<TOTAL-COSTS>                                  2,860,951
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             13,646
<INCOME-PRETAX>                                181,716
<INCOME-TAX>                                   78,000
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   103,716
<EPS-PRIMARY>                                  0.07
<EPS-DILUTED>                                  0.05
        


</TABLE>
###### Editorial Note on Part 1944

#### Editorial Note:

Nomenclature changes to part 1944 appear at 80 FR 9885, Feb. 24, 2015.

#### § 1944.75 Exception authority.

The Administrator may, in individual cases, make an exception to any requirement or provision of this subpart which is not inconsistent with the authorizing statute or other applicable law if the Administrator determines that the Government's interest would be adversely affected. The Administrator will exercise this authority only at the request of the State Director and recommendation of the Deputy Administrator, Single Family Housing. Requests for exceptions must be in writing by the State Director and supported with documentation to explain the adverse effect on the Government's interest and/or impact on the applicant, borrower, or community, proposed alternative courses of action, and show how the adverse effect will be eliminated or minimized if the exception is granted.

[58 FR 58643, Nov. 3, 1993, as amended at 67 FR 78328, Dec. 24, 2002]
2.201 Contract clause.

Insert the clause at 52.202-1, Definitions, in solicitations and contracts that exceed the simplified

acquisition threshold.

Parent topic: Subpart 2.2 - Definitions Clause
#### § 3550.201 Purpose of special servicing actions.

The Rural Housing Service (RHS) may approve special servicing actions to reduce the number of borrower failures that result in liquidation. Borrowers who have difficulty keeping their accounts current may be eligible for one or more available servicing options including: Payment assistance; delinquency workout agreements that temporarily modify payment terms; protective advances of funds for taxes, insurance, and other approved costs; and payment moratoriums. Subject to the availability of funds and Agency priorities, refinancing may be available as a special servicing option in accordance with § 3550.52(c).

[87 FR 6773, Feb. 7, 2022]
31.100 Scope of subpart.

This subpart describes the applicability of the cost principles and procedures in succeeding subparts

of this part to various types of contracts and subcontracts. It also describes the need for advance

agreements.

Parent topic: Subpart 31.1 - Applicability
<PAGE>
 
                                                                    EXHIBIT 11.1

                       IKOS SYSTEMS INC.
        STATEMENT OF COMPUTATION OF EARNINGS PER SHARE
            (in thousands, except per share amounts

<TABLE>
<CAPTION>
 
 
                                                              Three Months Ended     Nine Months Ended
                                                            ---------------------  ---------------------
                                                              June 28,  June 29,     June 28,  June 29,
                                                                1997      1996         1997     1996
                                                                ----      ----         ----     ----
<S>                                                           <C>       <C>          <C>       <C>
PRIMARY EARNINGS PER SHARE:
 
Net income................................................    ($2,344)  ($7,416)     $2,346   ($3,631)
                                                              =======   =======     =======   =======  
Number of shares used in computing per share amounts:
   Weighted average common shares outstanding.............      8,457     7,407       8,359     7,149
   Common equivalent shares attributable to stock
   options (treasury stock method)........................         --        --         581        --
                                                              -------   -------     -------   -------
Total weighted average common shares outstanding..........      8,457     7,407       8,940     7,149
                                                              =======   =======     =======   =======
Net income per share......................................     ($0.28)   ($1.00)      $0.26    ($0.51)
                                                              =======   =======     =======   =======  

FULLY DILUTED EARNINGS PER SHARE:
 
Net income................................................    ($2,344)  ($7,416)     $2,346   ($3,631)
                                                              =======   =======     =======   =======  
Number of shares used in computing per share amounts:
   Weighted average common shares outstanding.............      8,457     7,407       8,359     7,149
   Common equivalent shares attributable to stock
   options (treasury stock method)........................         --        --         599        --
                                                              -------   -------     -------   -------
Total weighted average common shares outstanding..........      8,457     7,407       8,958     7,149
                                                              =======   =======     =======   =======
Net income per share......................................     ($0.28)   ($1.00)      $0.26    ($0.51)
                                                              =======   =======     =======   =======  
</TABLE>
25.000 Scope of part.       (a) 						            This part provides policies and procedures for-                                                         (1) 								                Acquisition of foreign supplies, services, and construction materials; and                                                            (2) 								                Contracts performed outside the United States.                                                                             (b) 						            It implements 41 U.S.C. chapter 83, Buy American; trade agreements; and other laws and regulations.    **Parent topic:** Part 25 - Foreign Acquisition
#### § 51.1537 Diameter.

“Diameter” means the greatest dimension measured at right angles to a line from the stem to blossom end of the fruit.
§ 51.2751 U.S. Medium Virginia. “U.S. Medium Virginia” consists of shelled Virginia type peanut kernels of similar varietal characteristics which are whole and free from foreign material, damage and minor defects, and which will not pass through a screen having 18 ⁄ 64 × 1 inch openings. Unless otherwise specified, the peanuts in any lot shall average not more than 640 per pound. ( a ) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: ( 1 ) 1 percent for other varieties of peanuts;
( 2 ) 3 percent for sound peanuts which are split or broken;
( 3 ) 1.25 percent for damaged or unshelled peanuts;
( 4 ) 0.75 percent for minor defects: *Provided,* That in addition, any unused part of the tolerance for damaged or unshelled peanuts shall be allowed for minor defects;
( 5 ) 0.1 percent for foreign material; and,
( 6 ) 3 percent for sound, whole peanuts which will pass through the prescribed screen.
### D ISTRICT 

### C OURT 

### O F 

### APPEAL 

### O F 

### F LORIDA 

### S ECOND 

### D ISTRICT KORD LYNN TUCKER, Appellant, v. STATE OF FLORIDA, Appellee. No. 2D19-4633 September 8, 2021 Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip J. Federico, Judge. PER CURIAM. Affirmed. CASANUEVA, KELLY, and BLACK, JJ., Concur. Opinion subject to revision prior to official publication.
#### § 502.3 Preservation of property.

It is unlawful to willfully destroy, damage, or remove property or any part thereof.
§ 4284.908 Compliance with other regulations. ( a ) *Departmental regulations.* Applicants must comply with all applicable Departmental regulations and Office of Management and Budget regulations concerning grants in 2 CFR chapter IV.
( b ) *Cost principles.* Applicants must comply with the cost principles found in 2 CFR parts 200, subpart E, 2 CFR part 400, and in 48 CFR subpart 31.2.
( c ) *Definitions.* If a term is defined differently in the Departmental Regulations, 2 CFR parts 200 through 400 or 48 CFR subpart 31.2 and in this subpart, such term shall have the meaning as found in this subpart.
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

ELIJAH NATHANIEL LOVE,

Plaintiff,

v. Case No. 1:20-cv-234-AW-GRJ

A BARS, et al.,

Defendants.

_______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

I have considered the magistrate judge’s March 4, 2021 Report and 

Recommendation, ECF No. 16, to which there has been no objection. I have 

determined the Report and Recommendation should be adopted. It is now 

ORDERED:

1. The Report and Recommendation (ECF No. 16) is adopted and 

incorporated into this order.

2. The clerk will enter a judgment that says, “This case is dismissed 

without prejudice for failure to pay the filing fee.”

3. The clerk will close the file.

SO ORDERED on April 29, 2021. 

s/ Allen Winsor

United States District Judge
Amendment, dated December 16, 2008, to agreement dated as of July 21, 2005



 EXHIBIT 10.5 
 December 16, 2008 
 Dear Tom, 
 This letter confirms the understanding between you and Morgan Stanley (the “Company”) regarding certain amendments to be made to your offer letter with the Company dated July 21, 2005, as
subsequently amended (the “Offer Letter”) to comply with Section 409A of the Internal Revenue Code of 1986, as amended (“Section 409A”). As we have discussed, Section 409A is a provision of
the US tax code that restricts the timing of payments and benefits constituting nonqualified deferred compensation. Regulations issued under Section 409A require documentary compliance for all nonqualified deferred compensation arrangements by
December 31, 2008. 
  

	 	•	 	 Any payment relating to any stock unit award that is granted to you (other than your Incoming Units) that is scheduled to be paid when you are an executive officer
of Morgan Stanley and is not deemed to be granted pursuant to performance criteria and therefore not deductible to the Firm, may be deferred until and paid upon your “Separation from Service”. For purposes of your Offer Letter, Separation
from Service shall mean a “separation from service” as determined under Section 409A using the default provisions thereunder. 


  

	 	•	 	 Notwithstanding anything to the contrary in your Offer Letter, in the event that you are a “specified employee” at the time of your “Separation from
Service”, to the extent required to comply with Section 409A, payments relating to your stock units described above and any other payments to which you are entitled upon a termination of your employment, shall be deferred until the earlier
of the first business day following the date that is six months after your Separation from Service and the date of your death. “Specified Employee” shall mean a “specified employee” as defined in Section 409A of the Code and
determined in accordance with Firm policy. 


  

	 	•	 	 Any Gross-Up Payment to which you are entitled under your Offer Letter shall be paid to you as soon as practicable after you pay the related Excise Tax and in no
event later than the end of the calendar year following the calendar year in which you remit such Excise Tax. 


 Any
capitalized terms not defined herein shall have the meaning assigned to them in your Offer Letter. For the avoidance of doubt, none of the foregoing will constitute Good Reason and all other terms of your Offer Letter and Incoming Units shall remain
in full force and effect. 
  

 1 








 We ask that you confirm your acceptance of the foregoing by signing and dating this letter in the area designated below
and returning this letter to me. 
  

	
	
	/s/ Karen C. Jamesley
	By:    Karen C. Jamesley
	Title: Global Head of Human Resources

  

	
	Confirmed and Agreed to:
	
	/s/ Thomas R. Nides
	By:    Thomas R. Nides
	Title: Chief Administrative Officer
	Date: December 16, 2008

  
  
  
  
  
  

 2
#### Carol Belding, Respondent, v Alfred P. Belding, Appellant.

In a support proceeding pursuant to article 4 of the Family Court Act, the husband appeals, as limited by his notice of appeal and brief, from so much of an order of the Family Court, Suffolk County, entered October 12, 1979, as awarded the petitioner wife support of $125 per week. Order reversed insofar as appealed from, on the law, and the award of support to the petitioner wife is vacated. The record reveals that at the time of the hearing on petitioner’s application the parties had been married for three and one-*593half years and had no children. She was 27 years old at the time. She was a registered nurse, and as of September, 1979, was employed full time in such profession at a gross weekly salary of $296. She had approximately $2,600 in a savings account, the use and possession of a 1979 Ford Mustang automobile, and was dwelling alone in the marital home. In view of petitioner’s unquestioned ability to be self-supporting, and since the childless marriage is of short duration, we conclude that an award of support is unwarranted (cf. *Eisen*v *Eisen,*59 AD2d 521; *Parke v Parke,*72 AD2d 792; *Rover v Rover,*36 AD2d 935, affd 29 NY2d 408, 417). Hopkins, J. P., Damiani, Titone, Mangano and Margett, JJ., concur.