alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 57
Editorial Note: 1. At 63 FR 69969, Dec. 17, 1998, part 57 was added by duplicating portions of part 59. At 63 FR 72353, Dec. 31, 1998, part 59 was redesignated as part 590 of 9 CFR. 2. Nomenclature changes to part 57 appear at 63 FR 69971, Dec. 17, 1998.

§ 57.905 Importation of restricted eggs or eggs containing more restricted eggs than permitted in the official standards for U.S. Consumer Grade B. ( a ) No containers of restricted egg(s) other than checks or dirties shall be imported into the United States. The shipping containers of such eggs shall be identified with the name, address, and country of origin of the exporter, and the date of pack and quality of the eggs (e.g., checks, or dirties) preceded by the word “Imported” or the statement “Imported Restricted Eggs—For Processing Only In An Official USDA Processing Plant,” or “Restricted Eggs—Not To Be Used As Human Food.” Such identification shall be legible and conspicuous. Alternatively, for properly sealed and certified shipments of shell eggs imported for breaking at an official egg products processing plant, the shipping containers need not be labeled, provided that the shipment is segregated and controlled upon arrival at the destination breaking plant.
( b ) Eggs which are imported for use as human food and upon entry are found to contain more restricted eggs than permitted in the official standards for U.S. Consumer Grade B, shall be refused entry and returned to the importing country or be conspicuously and legibly identified as “Imported Restricted Eggs” and be sent directly under official seal: ( 1 ) To a place where they may be regraded to comply with the official U.S. standards for consumer grades;
( 2 ) to an official USDA egg products processing plant; or
( 3 ) to be used as other than human food.
[63 FR 69968, 69971, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24, 2004]
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                           <C>
<PERIOD-TYPE>                 3-mos
<FISCAL-YEAR-END>             Nov-30-1998
<PERIOD-END>                  Feb-28-1998
<CASH>                        413,674
<SECURITIES>                  000
<RECEIVABLES>                 104,152
<ALLOWANCES>                  000
<INVENTORY>                   000
<CURRENT-ASSETS>              000
<PP&E>                        20,669,226
<DEPRECIATION>                (9,093,436)
<TOTAL-ASSETS>                13,265,480
<CURRENT-LIABILITIES>         562,130
<BONDS>                       2,466,656
<COMMON>                      000
<PREFERRED-MANDATORY>         000
<PREFERRED>                   000
<OTHER-SE>                    7,854,794
<TOTAL-LIABILITY-AND-EQUITY>  13,265,480
<SALES>                       685,275
<TOTAL-REVENUES>              689,429
<CGS>                         000
<TOTAL-COSTS>                 330,453
<OTHER-EXPENSES>              361,411
<LOSS-PROVISION>              000
<INTEREST-EXPENSE>            89,521
<INCOME-PRETAX>               (91,956)
<INCOME-TAX>                  000
<INCOME-CONTINUING>           (91,956)
<DISCONTINUED>                000
<EXTRAORDINARY>               000
<CHANGES>                     000
<NET-INCOME>                  (91,956)
<EPS-PRIMARY>                 (1.65)
<EPS-DILUTED>                 (1.65)
        

</TABLE>
**Exhibit 15.1**

**TIAN YUAN LAW FIRM**

**11F/Tower C, Corporate Square,**

**35 Financial St. Beijing. 100032,**

**P. R. China**

**Tel: (8610) 8809-2188;**

**Fax: (8610)8809-2150.**

Date: October 14, 2010 

New OrientalEducation & Technology Group Inc. 

No.6 Hai Dian Zhong Street 

9th Floor 

Haidian District, Beijing 100080

People’s Republic of China 

Ladies and Gentlemen: 

Wehereby consent to the use of our name under the captions “REGULATION” and “RISK FACTORS” included in the Form 20-F, which will be filed by New Oriental Education & Technology Group Inc. on October 14, 2010, with theSecurities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 for the fiscal year ended May 31, 2010. 

Sincerely yours, 

/s/    Tian Yuan Law Firm
Exhibit 32(i)

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         PURSUANT TO U.S.C. SECTION 1350

    In connection with the Form 10-K of National Bankshares, Inc. for the year
ended December 31, 2003, I, James G. Rakes, Chairman, President and Chief
Executive Officer of National Bankshares, Inc., hereby certify pursuant to 18
U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge and belief that:

(1)      such Form 10-K for the year ended December 31, 2003, fully complies
         with the requirements of section 13(a) or 15(d) of the Securties Act of
         1934; and

(2)      the information contained in such Form 10-K for the year ended December
         31, 2003, fairly presents in all material respects, the financial
         condition and results of operations of National Bankshares, Inc.


 /s/ JAMES G. RAKES
-----------------------------
James G. Rakes
Chairman, President and Chief Executive Officer
(Principal Executive Officer)
<PAGE> 1

Exhibit 99.5   Statement of Chief Executive Officer and Financial Officer
               Pursuant to 18 U.S.C.ss.1350


      The undersigned, as the Chief Executive Officer and Chief Financial
Officer, respectively, of Highlands Bankshares Inc., certify that the Quarterly
Report on Form 10-Q for the period ended June 30, 2003, which accompanies this
certification fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934 and the information contained
in the periodic report fairly presents, in all material respects, the financial
condition and results of operations of Highlands Bankshares Inc. at the dates
and for the periods indicated. The foregoing certification is made pursuant to
ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350) and no purchaser
or seller of securities or any other person shall be entitled to rely upon the
foregoing certification for any purpose. The undersigned expressly disclaim any
obligation to update the foregoing certification except as required by law.



                                         /s/ LESLIE A. BARR
                                         -------------------------------
                                         Leslie A. Barr
                                         Chief Executive Officer


                                         /s/ R. ALAN MILLER
                                         -------------------------------
                                         R. Alan Miller
                                         Finance Officer



Date:  August 13, 2003
       --------------


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 Highlands Bankshares, Inc. and will
be retained by Highlands Bankshares, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
#### § 58.518 Milk.

The selection of raw milk for cottage cheese shall be in accordance with §§ 58.132 through 58.138.
Exhibit 23.1



            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


     We have issued our reports dated April 25, 2005, accompanying the financial
statements  and  schedule included in the Annual Report of APA Enterprises, Inc.
on  Form  10-K  for  the  year  ended  March  31, 2005. We hereby consent to the
incorporation by reference of said reports in the Registration Statements of APA
Enterprises, Inc. on Forms S-8 (File No. 333-74214, effective November 30, 2001;
File  No.  333-44500,  effective  August 25, 2000; File No. 333-44488, effective
August 25, 2000; and File No. 333-44486, effective August 25, 2000).



/s/GRANT  THORNTON  LLP


Minneapolis,  Minnesota
June  28,  2005
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

VS. CASE NO. 4:96CR56-10

RENEE PATTERSON

 /

GOVERNMENT’S RESPONSE TO DEFENDANT’S

MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE

COMES NOW the United States by and through the undersigned Assistant U. S. Attorney 

and files its Response to the Defendant’s Motion for Early Termination of Supervised Release. 

The Government opposes the Motion and responds:

The defendant was convicted of a large cocaine and crack cocaine conspiracy in which

she played a central role. The defendant not only was a large scale broker, but was described as

serving a “hub” role in the conspiracy. (See PSR, paragraph 91) The defendant was

responsible for obtaining kilogram quantities of cocaine from Miami which was then, distributed

to a co-conspirator out of state, as well as local co-conspirators in Tallahassee. (See PSR,

paragraph 18) The defendant is believed to have been responsible for well over 1.5 kilograms of

cocaine base. (See PSR, paragraph 19) In essence, the defendant played an extensive leadership

role in this large scale drug conspiracy. 

Case 4:96-cr-00056-RH-WCS Document 752 Filed 09/28/06 Page 1 of 3
Even prior to her injury in or about November 2005, the Defendant had been employed 1

by approximately five different employers.

2

Currently, the defendant has served less than half of her 60 month term of supervised

release. Although it appears the defendant has been in compliance with the conditions, there is

indication that she poses a risk of re-offending and a risk to community safety. There is some

evidence that she maintains association with convicted felons, including possibly a fugitive

according to a complaint received by the U.S. Marshals Service. (See Fact Memorandum, page

3) Additionally, the defendant has an unstable employment history . (See Fact Memorandum, 1

page 1) At this point, the defendant has failed to demonstrate exceptional progress to be

rewarded with early termination of supervision.

WHEREFORE, the United States opposes the defendant’s motion and respectfully

requests that the defendant continue serving her 60 month term of supervised release.

Respectfully submitted,

GREGORY R. MILLER

United States Attorney

s/Winifred L. Acosta NeSmith

WINIFRED L. ACOSTA NESMITH

Assistant United States Attorney

FL Bar No. 0076333

111 N. Adams Street, 4 Floor th

Tallahassee, Florida 32301

Case 4:96-cr-00056-RH-WCS Document 752 Filed 09/28/06 Page 2 of 3
3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Response was furnished via first class

mail on this 28th day of September, 2006, to the following:

Renee M. Patterson

2636 Mission Road #73

Tallahassee, FL 32304

s/Winifred L. Acosta NeSmith

WINIFRED L. ACOSTA NESMITH

Assistant United States Attorney

Case 4:96-cr-00056-RH-WCS Document 752 Filed 09/28/06 Page 3 of 3
#### § 58.46 Fees for service performed under cooperative agreement.

The fees to be charged and collected for any service performed under cooperative agreement shall be those provided for by such agreement.
#### The People of the State of New York, Respondent, v Stephan Tippie, True Name Stephen Appellant.

Judgment, Supreme Court, New York County, rendered on June 23, 1978, unanimously affirmed. The case is remitted to the Supreme Court, New York County for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur—Birns, J. P., Sandler, Ross, Markewich and Yesawich, JJ.
exh10-1.htm


     

    Exhibit
10.1

      Astec
Industries, Inc.

      1725 SHEPHERD ROAD / CHATTANOOGA, TN 37421 / 423-899-5898 / FAX
423-899-4456

    

    


    February
5, 2009

    


    Mike
Johnson

    Wachovia
Bank, National Association

    Commercial
Lending Division, TN1008

    230
Fourth Avenue North, Eight Floor

    Nashville,
Tennessee 37219

    


    Dear
Mike:

    


    Reference
is made to that certain Credit Agreement dated as of April 13, 2007 (the “Credit
Agreement”) by and between Astec Industries, Inc. (“Astec”) and Wachovia Bank,
National Association (the “Bank”).  Terms used herein and not defined
herein have their respective defined meanings as set forth in the Credit
Agreement.

    


    Pursuant
to the definition of “Line of Credit Loan Maturity Date” contained in the Credit
Agreement.  Astec hereby elects to extend the Line of Credit Loan
Maturity Date for a one-year period to May 15, 2011.

    


    Astec
hereby certifies to the Bank that, as of the date hereof, no Default or Event of
Default or Material Adverse Change has occurred or is continuing.

    


    I would
ask that the Bank kindly acknowledge such extension by signing the counterpart
of this letter at the space provided below.

    


    On behalf
of Astec, we appreciate a very professional and positive relationship that has
developed between our two institutions.

    


    Very
truly yours,

    


    ASTEC
INDUSTRIES, INC.

    


    


    By: /s/F. McKamy
Hall                 


          
F. McKamy Hall

          
V.P., C.F.O. & Treasurer

    


    


    Acknowledged
and agreed:

    


    WACHOVIA
BANK, NATIONAL ASSOCIATION

    


    By: /s/ Mike
Johnson                                                                                          

    Title: Senior Vice
President
Exhibit
23.1














CONSENT OF
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM








We have
issued our report dated December 22, 2008, accompanying the consolidated
financial statements and schedule included in the Annual Report of Clearfield,
Inc. and subsidiaries, formerly APA Enterprises, Inc., on Form 10-K for the year
ended September 30, 2008.  We hereby consent to the incorporation
by reference of said report in the Registration State­ments of Clearfield,
Inc. on Forms S-8 (File No. 333-74214, effective November 30, 2001; File
No. 333-44500, effective August 25, 2000; File No. 333-44488, effective
August 25, 2000; File No. 333-44486, effective August 25, 2000; File
No. 333-136828, effective August 23, 2006 and File No. 333-151504,
effective June 6, 2008).







/s/ Grant
Thornton LLP








Minneapolis,
Minnesota


December
22, 2008






61
§ 52.775 Sample unit size. Compliance with requirements for the size and the various quality factors is based on the following sample unit sizes for the applicable factor: ( a ) Size, color, pits, and character—20 ounces of drained cherries.
( b ) Defects (other than harmless extraneous material)—100 cherries.
( c ) Harmless extraneous material—The total contents of each container in the sample.
47.504 Exceptions.       The policy and procedures in this subpart do not apply to the following:                                       (a) Shipments aboard vessels as required or authorized by law or treaty.                                          (b) Ocean transportation between foreign countries of supplies purchased with foreign currencies made available, or derived from funds that are made available, under the Foreign Assistance Act of1961 (22 U.S.C.2353).                                          (c) Shipments of classified supplies when the classification prohibits the use of non-Government vessels.                                          (d) Subcontracts for the acquisition of commercial products, including commercial components, or commercial services (see 12.504(a)(1) and (a)(11)). This exception does not apply to-                                                         (1) Grants-in-aid shipments, such as agricultural and food-aid shipments;                                                            (2) Shipments covered under 46 U.S.C. App.1241-1, such as those generated by Export-Import Bank loans or guarantees;                                                            (3) Subcontracts under-                                                                           (i) Government contracts or agreements for ocean transportation services; or                                                                              (ii) Construction contracts; or                                                                                                           (4) Shipments of commercial products that are-                                                                           (i) Items the contractor is reselling or distributing to the Government without adding value (see FAR 12.501(b)). Generally, the contractor does not add value to the items when it subcontracts items for f.o.b. destination shipment; or                                                                              (ii) Shipped in direct support of U.S. military-                                                                                             (A) Contingency operations;                                                                                                (B) Exercises; or                                                                                                (C) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations.    **Parent topic:** Subpart 47.5 - Ocean Transportation by U.S.-Flag Vessels
(May 19, 1980)

#### William Aroya, Petitioner, v New York City Transit Authority et al., Respondents.

pursuant to CPLR article 78 to review a determination of the respondents, dated April 19, 1978, which, after a hearing, sustained certain disciplinary charges which had been preferred against the petitioner and ordered his dismissal from the transit authority police department. Matter remanded to the Supreme Court, Kings County, to hear and report on the issue of the terms of the alleged oral agreement entered into between the petitioner and the authority on December 6, 1977 in settlement of the grievance proceeding commenced by the petitioner against the authority on or about July 15, 1977. In the interim, the determination of the proceeding will be held in abeyance. On the basis of the present record, it is impossible to determine whether the agreement allegedly entered into on December 6, 1977 in the context of the grievance proceeding was also intended to affect the contemporaneously pending disciplinary proceeding and, if so, to what extent. Accordingly, it is imperative to establish to the fullest extent possible the subject matter of that alleged oral agreement and the nature of its terms, particularly insofar as it regards (1) the scope of the inquiry to be made by the independent doctor who was to examine the petitioner, (2) the impact that his findings were to have on the pending grievance and disciplinary proceedings and (3) the action to be taken in either proceeding in the event that the doctor’s examination and/or report proved inconclusive. The terms of any such agreement which may have been reached by the respective parties will be relevant to the proper resolution of the issues presented in this CPLR article 78 proceeding. Hopkins, J. P., Damiani, Gulotta and O’Connor, JJ., concur.
###### Editorial Note on Part 4290

#### Editorial Note:

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

#### § 4290.3045 Computation of RBIC's Capital Impairment.

The provisions specified in §§ 4290.1830 and 4290.1840 do not apply to Non-leveraged RBICs.
#### The People of the State of New York, Respondent, v. Richard John Simari, Appellant.

Order unanimously affirmed. Memorandum: Nowhere in his petition or in his reply affidavit does defendant, sentenced as a third felony offender, make any allegation of an unconstitutional deprivation in connection with a predicate felony conviction. The provisions of section 1943 of the Penal Law, requiring that a defendant be advised of his right to contend a predicate felony conviction was unconstitutionally obtained, did not become effective until April 10, 1964. The failure so to inform the defendant prior to that date was not a failure of due process which would give rise to the right to be resentenced only because of such failure. (See *People*v. *Murray,*25 A D 2d 948.) (Appeal from order of Erie County Court denying, without a hearing, motion to vacate judgment of conviction for burglary, third degree *879and grand larceny, first degree, rendered May 21, 1959.) Present — Goldman, P. J., Marsh, Witmer, Moule and Bastow, JJ.
**EXHIBIT32.2**

 

**CERTIFICATIONOF THE CHIEF FINANCIAL OFFICER**

 

**Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)**

 

The undersigned executiveofficer of Alliance Bancorp, Inc, of Pennsylvania (the “Registrant”), herebycertifies that the Registrant’s Form 10-K for the year ended December 31,2007 fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934 and that the information contained thereinfairly presents, in all material respects, the financial condition and resultsof operations of the Registrant.

 

 

 
| Date: March 24, 2008 |   |                         |   |
|---------------------------|--------|------------------------------|--------|
|                      |   | /s/Peter J. Meier            |   |
|                      |   | Peter J. Meier               |   |
|                      |   | Executive Vice President and |   |
|                      |   | Chief Financial Officer      |   |

 

 

 

 

 

 

 

 

 

 

----
#### § 4279.300 OMB control number.

In accordance with the Paperwork Reduction Act of 1995, the information collection requirements contained in the subsequent interim rule have been submitted to the Office of Management and Budget (OMB) under OMB control number 0570-0065 for approval. A person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
52.208-8 [Reserved]

Parent topic: 52.208 [Reserved]
19.1408 Contract clauses.

(a) The contracting officer shall insert the clause at 52.219-27, Notice of Set-Aside for, or SoleSource Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible

Under the SDVOSB Program, in solicitations and contracts for acquisitions that are set aside or

awarded on a sole-source basis to, service-disabled veteran-owned small business concerns under

19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for

service-disabled veteran-owned small business concerns as described in 8.405-5 and

16.505(b)(2)(i)(F) or when orders may be issued directly to one service-disabled veteran-owned

small business contractor in accordance with 19.504(c)(1)(ii).

(b)For use of clause 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).

(c)For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).

Parent topic: Subpart 19.14 - Service-Disabled Veteran-Owned Small Business Procurement

Program
#### § 51.52 Licensing and identification of certain official devices.

The Administrator may issue licenses permitting the manufacture, identification, distribution, and sale of any official device designated as a USDA color standard, defect guide or other similar aid under such terms and conditions as may be specified by the Administrator. Licenses shall be available to all persons meeting conditions prescribed by the Administrator, shall be nonexclusive, and shall be revocable for cause. No person shall manufacture, identify, distribute or sell any such official device except at the direction of or under license from the Administrator. Such official devices may be marked, tagged or otherwise designated with the prefix “USDA” together with other identifying words or symbols, as prescribed by the license.