alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of Novell, Inc., a Delaware corporation (the Company), on Form 10-Q for the period ended January 31, 2010, as filed with the Securities and
Exchange Commission (the Report), Ronald W. Hovsepian, President and Chief Executive Officer of the Company, does hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to his knowledge:



|(1) | The Report fully complies with the requirements of Section 13(a) 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

* * *



|                                                         
|---------------------------------------------------------
|/S/ RONALD W. HOVSEPIAN                                  
|Ronald W. Hovsepian President and Chief Executive Officer

Date: March 11, 2010
#### § 60.106 Farm-raised fish.

*Farm-raised fish* means fish or shellfish that have been harvested in controlled environments, including ocean-ranched (e.g., penned) fish and including shellfish harvested from leased beds that have been subjected to production enhancements such as providing protection from predators, the addition of artificial structures, or providing nutrients; and fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish.
§ 51.1149 U.S. No. 2 Russet. The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent of the fruit shall have more than one-half of their surface, in the aggregate, affected by any type of discoloration. ( a ) For tolerances see § 51.1151.
( b ) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§ 51.1176-51.1179.)
#### § 58.139 Record of tests.

Accurate records listing the results of quality and drug residue tests for each producer shall be kept on file at the plant. Additionally, the plant shall obtain the quality and drug residue test records (§ 58.148(a), (e) and (g)) for any producer transferring milk shipment from another plant. These records shall be available for examination by the inspector.

[58 FR 26913, May 6, 1993]
The HONORABLE ELSIJANE TRIMBLE ROY, United States District Judge 1

for the Eastern District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-1939

___________

Vellis Redden, *

 *

Appellant, *

 *

v. * Appeal from the United States

 * District Court for the

Springfield Engineering Company; * Eastern District of Arkansas. 

Local 36 Sheet Metal Workers& *

International Association, * [UNPUBLISHED]

 *

Appellees. *

___________

 Submitted: December 28, 1998

 Filed: December 29, 1998 

___________

Before FAGG, BEAM, and LOKEN, Circuit Judges.

___________

PER CURIAM.

Vellis Redden appeals the district court’s dismissal of his employment

1

discrimination action as untimely filed. Redden asks this court to apply the doctrine

of equitable tolling to excuse his late filing, because he was misled by the person he

had hired to represent him in his discrimination case. We conclude that the

circumstances presented do not warrant the application of equitable tolling. See

Shempert v. Harwick
-2-

Chem. Corp., 151 F.3d 793, 798 (8th Cir.) (where circumstances relating to filing were

never beyond plaintiff’s control, equitable tolling did not apply), petition for cert. filed,

67 U.S.L.W. 3323 (U.S. Oct. 29, 1998) (No. 98-709); cf. James v. United States Postal

Serv., 835 F.2d 1265, 1267 (8th Cir. 1988) (even though plaintiff was unassisted by

counsel, unable to find lawyer, and unfamiliar with legal process, equitable tolling did

not excuse untimely filing). Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
**Operating expenses: Capital expenses:**  Maximum Month (2011-2013) Pump Upgrade (2 pumps, one for each scrubber system)

12.72TPD SO2 Loading ~ **200,000.00 $**  11.448 =90% removal requirement 22896 =lbs NaoH per lb SO2 to be removed / day* *(2013 Lundberg estimate of 1 lb NaOH per lb of SO2 removal)

5,472.14 $ /day @ 0.24 $ /lb NaOH (5-Year Avg NaOH pricing) **1,942,611.12 $**  /year

Conversion: 2.04 lb NaOH / gallon of 20% solution

Waste water treatment cost 3,984,353 gallons / year 0.22 $ /k gallon (2014 budget) **856.64 $**  /year

Raw water treatment cost 3,984,353 gallons / year 270.17 $ /MMGal (2014 budget) **1,076.45 $**  /year

Energy cost 25 hp/pump 50 hp (2 pumps) 37.3 kW (1hp = 0.746kW) **15,889.80 $**  /year @ 0.05 $/kWh (Arkansas Industrial Energy Clearinghouse)

**1,960,434.01 $**  **/year additional cost for 90% removal average**

The NaOH pricing is based on a 5-year average for Ashdown Wastewater and raw water costs are based on estimated additional gallons from the NaOH and 2014 budget costs. The energy costs are an estimate assuming two new ~50 gpm pumps (Engineering estimated capital expense to be approximately $200,000 for 2 pumps, piping and electrical).
36.500 Scope of subpart.       (a) This subpart prescribes provisions and clauses for insertion in solicitations and contracts for—          (1) Construction; and          (2) Dismantling, demolition, or removal of improvements contracts.          (b) Provisions and clauses prescribed elsewhere in the Federal Acquisition Regulation (FAR) shall also be used in such solicitations and contracts when the conditions specified in the prescriptions for the provisions and clauses are applicable.    **Parent topic:** Subpart 36.5 - Contract Clauses
```

[107th Congress Public Law 265]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ265.107]

[[Page 116 STAT. 1749]]

Public Law 107-265
107th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  6150 North Broad Street in Philadelphia, Pennsylvania, as the ``Rev. 
  Leon Sullivan Post Office Building''. <<NOTE: Oct. 30, 2002 -  [H.R. 
                                3739]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 6150 
North Broad Street in Philadelphia, Pennsylvania, shall be known and 
designated as the ``Rev. Leon Sullivan Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Rev. Leon Sullivan Post 
Office Building''.

    Approved October 30, 2002.

LEGISLATIVE HISTORY--H.R. 3739:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 148 (2002):
            June 11, considered and passed House.
            Oct. 17, considered and passed Senate.

                                  <all>
```
52.216-20 Definite Quantity.

As prescribed in 16.506(c), insert the following clause:

Definite Quantity (Oct 1995)

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and

effective for the period stated, in the Schedule.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and

the Contractor shall furnish them when ordered. Delivery or performance shall be at locations

designated in orders issued in accordance with the Ordering clause and the Schedule.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there

is no limit on the number of orders that may be issued. The Government may issue orders requiring

delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that time

shall be completed by the Contractor within the time specified in the order. The contract shall

govern the Contractor’s and Government’s rights and obligations with respect to that order to the

same extent as if the order were completed during the contract’s effective period; provided, that the

Contractor shall not be required to make any deliveries under this contract after ________________

[insert date].

(End of clause)

Parent topic: 52.216 [Reserved]
22.1309 Actions because of noncompliance.

The contracting officer must take necessary action as soon as possible upon notification by the

appropriate agency official to implement any sanctions imposed on a contractor by the Department

of Labor for violations of the clause at 52.222-35, Equal Opportunity for Veterans. These sanctions

(see 41 CFR 60-300.66) may include-

(a) Withholding progress payments;

(b) Termination or suspension of the contract; or

(c) Debarment of the contractor.

Parent topic: Subpart 22.13 - Equal Opportunity for Veterans
Foreword

The FAR is the primary regulation for use by all executive agencies in their acquisition of supplies

and services with appropriated funds. It became effective on April 1, 1984, and is issued within

applicable laws under the joint authorities of the Administrator of General Services, the Secretary of

Defense, and the Administrator for the National Aeronautics and Space Administration, under the

broad policy guidelines of the Administrator, Office of Federal Procurement Policy, Office of

Management and Budget.

The FAR precludes agency acquisition regulations that unnecessarily repeat, paraphrase, or

otherwise restate the FAR, limits agency acquisition regulations to those necessary to implement

FAR policies and procedures within an agency, and provides for coordination, simplicity, and

uniformity in the Federal acquisition process. It also provides for agency and public participation in

developing the FAR and agency acquisition regulation.

The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through

2024-03. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to

reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two

digits.
§ 56.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. Subsection 203(h) of the Agricultural Marketing Act of 1946, as amended by Pub. L. 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed in this section shall have the respective meanings specified: ( a ) *Official certificate* means any form of certification, either written or printed, used under this part to certify with respect to the sampling, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).
( b ) *Official memorandum* means any initial record of findings made by an authorized person in the process of grading or sampling pursuant to this part, any processing or plant-operation report made by an authorized person in connection with grading or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.
( c ) *Official mark* means the grademark and any other mark, or any variations in such marks approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded, or indicating the appropriate U.S. grade or condition of the product, or for the purpose of maintaining the identity of products graded under this part, including but not limited to, those set forth in § 56.36.
( d ) *Official identification* means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condition specified in this part or any symbol, stamp, label or seal indicating that the product has been officially graded and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.
( e ) *Official device* means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof.
[28 FR 6341, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]
52.211-16 Variation in Quantity.

As prescribed in 11.703(a), insert the following clause:

Variation in Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the

variation has been caused by conditions of loading, shipping, or packing, or allowances in

manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this

clause.

(b) The permissible variation shall be limited to:

___ Percent increase [Contracting Officer insert percentage]

___ Percent decrease [Contracting Officer insert percentage]

This increase or decrease shall apply to ____________.*

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply,

such as-

(1) The total contract quantity;

(2) Item1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

Parent topic: 52.211 [Reserved]
**Exhibit 33.1**

**REPORT ON ASSESSMENT OF COMPLIANCE WITH REGULATION AB SERVICING            CRITERIA**

U.S. Bank Trust National Association (the "Trustee"), in respect of the            STRATS(SM) Trust for News Corporation Securities, Series 2006-4, is responsible for            assessing compliance as of December 31, 2007 and for the period from and including            January 1, 2007 through and including December 31, 2007 (the "Reporting            Period") with the servicing criteria set forth in Item 1122(d) of the Securities            and Exchange Commission's Regulation AB (the "Applicable Servicing            Criteria").

The Trustee has assessed its compliance with the Applicable Servicing            Criteria for the Reporting Period and has concluded that the Trustee has complied, in            all material respects, with the Applicable Servicing Criteria as of December 31,            2007 and for the Reporting Period.

Ernst & Young LLP, an independent registered public accounting firm,            has issued an attestation report on the assessment of compliance with the Applicable            Servicing Criteria as of December 31, 2007 and for the Reporting Period as set            forth in this assertion.

U.S. Bank Trust National Association, as Trustee

 

|   |                                                               |   |   |      |
|--------|--------------------------------------------------------------------|--------|--------|-----------|
|   |                                                               |   |   |      |
| By:    | /s/                            Janet O'Hara                        |   | Date:  | 3/28/2008 |
|   | Name: Janet P. O'Hara

Title:   Assistant Vice President |   |   |      |

 

 

----
#### § 60.131 Vessel flag.

*Vessel flag* means the country of registry for a vessel, ship, or boat.
```

[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Page 34702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13715]

=======================================================================
-----------------------------------------------------------------------

STATE DEPARTMENT

[Public Notice 8350]

Foreign Affairs Policy Board Meeting Notice

Closed Meeting

    In accordance with the Federal Advisory Committee Act, 5 U.S.C. 
App., the Department of State announces a meeting of the Foreign 
Affairs Policy Board to take place on July 15, 2013, at the Department 
of State, Washington, DC.
    The Foreign Affairs Policy Board reviews and assesses: (1) Global 
threats and opportunities; (2) trends that implicate core national 
security interests; (3) tools and capacities of the civilian foreign 
affairs agencies; and (4) priorities and strategic frameworks for U.S. 
foreign policy. Pursuant to section 10(d) of the Federal Advisory 
Committee Act, 5 U.S.C. App Sec.  10(d), and 5 U.S.C. 552b(c)(1), it 
has been determined that this meeting will be closed to the public as 
the Board will be reviewing and discussing matters properly classified 
in accordance with Executive Order 13526.
    For more information, contact Samantha Raddatz at (202)-647-2972.

    Dated: May 23, 2013.
Andrew McCracken,
Designated Federal Officer.
[FR Doc. 2013-13715 Filed 6-7-13; 8:45 am]
BILLING CODE 4710-10-P
```
#### V P Supply Corporation, Respondent, v. Charles J. Normand et al., Appellants, et al., Defendants.

Order unanimously reversed, with costs and petition dismissed, without prejudice to the institution of a proceeding under the appropriate section of CPLR, to be conducted in accordance with the Memorandum. Memorandum: The proceeding was started and conducted under CPLR 5225 (subd. [b]). That section contemplates a proceeding to obtain custody of money or other personal property “in which the judgment debtor has an interest * * * where it is shown that the judgment debtor is entitled to the possession of such property ”, The present proceeding was brought to obtain the payment of a debt owed to the judgment debtor. A proceeding of that type is properly under CPLR 5227. Not only was the proceeding brought under the wrong section, but upon its return date the proceedings were completely lacking in appropriate judicial procedure. No *798hearing was had at which testimony was taken, the so-called exhibits were not marked in evidence, and the determination was made in complete disregard of, CPLR 410, and CPLR 5251. These sections mandate a hearing if the order of the court is based upon a determination that the restraining provisions of the order were violated. Furthermore there were issues of fact which should properly have been tried. The court could not make a summary determination upon the pleadings, papers, and admissions because of the issues of fact. (CPLR 409; Judiciary Law, § 773; *Matter of McDonnell*v. *Frawley,*23 A D 2d 729; *Matter of First Nat. Bank of Glens Falls*v. *Reoux,*9 A D 2d 1005.) These issues should have been determined forthwith, but only after a trial of these disputed issues at which the judgment creditor would have the burden of proof. There may have been a right of jury trial. (CPLR 410.) This determination is without prejudice to the institution of a proceeding under the appropriate section, to be conducted in accordance with law and with a view to the protection of all of the rights of the appellant Charles J. Normand and Charles J. Normand Builders, Inc. (Appeal from order of Monroe County Court granting motion for judgment in a special proceeding brought pursuant to CPLR 5225, subd. [b].) Present — Williams, P. J., Bastow, Goldman, Del.Veeehio and Marsh, JJ.
52.215-6 Place of Performance.       As prescribed in 15.209(f), insert the following provision:          Place of Performance (Oct 1997)                                       (a)                    						            The offeror or respondent, in the performance of any contract resulting from this solicitation, □ intends, □ does not intend [*check applicable block*] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.                                          (b)                    						            If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:                                 Place of Performance (Street Address, City, State, County, ZIP Code)                      Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent____________________                      ___________________________________________                      _______________________(End of provision)    **Parent topic:** 52.215 [Reserved]
161 So.2d 280

#### CHALMETTE FINANCE CORPORATION v. ALL AMERICAN ASSURANCE COMPANY OF LOUISIANA.

No. 47107.

March 16, 1964.

In re: All American Assurance Company applying for certiorari or writ of review to the Court of Appeal, Fourth Circuit, Parish of Orleans. 158 So.2d 844.

Writ refused. On the facts found by the Court of Appeal, there is no error of law in its judgment.