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.

#### § 57.800 Identification of restricted eggs.

The shipping container of restricted eggs shall be determined to be satisfactorily identified if such container bears the packer's name and address, the quality of the eggs in the container (e.g., dirties, checks, inedibles, or loss), or the statement “Restricted Eggs—For Processing Only In An Official USDA Egg Products Processing Plant,” for checks or dirties, or “Restricted Eggs—Not To Be Used As Human Food,” for inedibles, loss, and incubator rejects, or “Unclassified Eggs—To Be Regraded” for graded eggs which contain more restricted eggs than are allowed in the official standards for U.S. Consumer Grade B shell eggs. The size of the letters of the identification wording shall be as required in § 57.860. When eggs are packed in immediate containers, e.g., cartons, sleeve packs, overwrapped 21⁄2- or 3-dozen packs, etc., for sale to household consumers under the exemptions provided for in section 57.100 (c), or (f), they shall be deemed to be satisfactorily identified in accordance with the requirements of this part if such immediate containers bear the packer's name and address and the quality of the eggs. Alternatively, a point of sale sign may be displayed showing the above information.

[63 FR 69968, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24, 2004]
, 

( 

OFFICE OF THE A-ITORNEY GENERAL OF TEXAS 

AUSTIN 

Hon. A. J. Luokett 

County Attorney 

coma1 County 

New Hreunfels, Texas 

Dear Sir: 

the department's opinion on the f 

.?I8 there a closed a 

0r oatfieh,in Cornal count 

is the closed masonp 

'we .hve c .- 

ale 952,qlld 952x+, 

,$&&;~;," ~'. aU .~endnWkf4 '.tbers 

>. Ii&i' 3t.q +wmk'- 

169, p. 2TQ;~qnd 

by the pla$n pro* 

rhioh aeatione rka 

request and.'Artlprovided that~ the posaeesion of 'any tmkle, the 

ime & nhioh is prohlhdted ~by the provisions of 

'this dot, within two handred (200) yards of tiny 

fresh waters in the Counties named hereln,~e&il~ 

betpry facie evidence of tha v,lolation of this 

0 
Hon. A. J. Luokett, p. 2 

Wee. 2. It shall be unlawful in the Counties of San Saba, Gillespie, Blanco, Kendall, Kerr, 

Comal, Llano, Mason, Kimble or Pal Verde to sell, 

offer for sale or have In possession for the purw 

pose of sale any black bass, crappie, catfish, or 

sunfish, commonly called perch., 

"Sec. 3, No person, firm or corporations or 

their agents shall take, catch or have in their possession any black bass, perch or orappie taken from 

any fresh waters in said Counties from the 1st day 

of March to the 1st day o.f May of any year or to 

have in possession at any time any black bass of 

less length than eleven (11) inohes, any.oatfish 

of less length than nine (9) Inches or any orapple 

(common1 

seven (T 

called white perch) of less length than 

v inches." 

Seo. 4 prescribes a penalty for violation of any of 

thoprovisions oi said article. 

The above quoted seotlons make it unlawful to have 

.~$nposaession at any t&ke?any catfish of,less, length than 

nixi& (9) inches* taken from any of the fresh waters of. Comei 

countY* 

We have found no statute making it Ulawfnl tom thM& 

datoh,'or have in possession at any time oatfish oZ? nine lnohes; 

or more in length taken from the fTesh waters of said county. 

The 1943 amendment, oh. 169, is in no way pertinent 

.to your inquiry. It deals with an entlrely.dfffe.rent~ subject. Its purpose is to permit.the sale or barter o<: catfish 

and other named species of fish' taken from the rresh waters of 

coma1 oountyo It, of course, 'does not amend the above quoted 

sections of Art. 95261, inhibiting the possesslon of catfish less than nine lnohes in length+ 

Yours very truly 

ATTORWEY GXNERAL OF TBZAS 

BY b/ David Wuntoh 

DW:db:bb Assistant 

APPROVED MAR. 19, 1944 

/a/ 0. P. Blackburn 

ACTING ATTOKNEY GE- OF T&AS 

AFFRovED cPIN1ONcOMWITTEE 

DT- A.W., Chairman.
IN THE SUPREME COURT OF THE 

STATE OF OREGON

PAT McCORMICK, )

)

Petitioner, )

)

v. ) SC S50967

)

HARDY MYERS, Attorney General, )

State of Oregon, )

) ORDER CERTIFYING

Respondent. ) BALLOT TITLE

Upon consideration by the court.

Petitioner’s request for oral argument is denied.

Petitioner’s arguments that the Attorney General’s certified ballot title for Initiative

Petition 90 (2004) does not comply substantially with ORS 250.035(2) are not well taken.

The court certifies to the Secretary of State the Attorney General’s certified ballot

title for the proposed measure.

Dated this 23rd day of December 2003.

 

WALLACE P. CARSON, JR.

CHIEF JUSTICE
<PAGE>

                                                                      Exhibit 32

                            CERTIFICATION PURSUANT TO
                            18 U. S. C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     This certification is intended to accompany the Quarterly Report on Form
10-Q of Berkshire Bancorp Inc. (the "Company") for the period ended June 30,
2004, as filed with the Securities and Exchange Commission (the "Report"), and
is given solely for the purpose of satisfying the requirements of 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002. The undersigned, in my capacity as set forth below, hereby certifies 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/ Steven Rosenberg
                                    --------------------------------------------
                                    Steven Rosenberg,
                                    Chief Executive Officer, President and
                                    Chief Financial Officer

                                    August 11, 2004


                                       37
**EXHIBIT 33.6**

**ASSERTION OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA**

The Bank of New York and The Bank of New York Trust Company, N. A. (collectively, the “**Company**”) provides this platform-level assessment of compliance with the servicing criteria specified in Item 1122(d) of Regulation AB promulgated by the Securities and Exchange Commission.

Management has determined that the following servicing criteria are applicable in regards to the following servicing platform for the following period:

Platform: Publicly-issued (i.e., transaction-level reporting initially required under the Securities Exchange Act of 1934, as amended) residential mortgage-backed securities and other mortgage-related asset-backed securities issued on or after January 1, 2006 (and like-kind transactions issued prior to January 1, 2006) for which the Company provides trustee, securities administration, or paying agent or custodial services.

Applicable Servicing Criteria: All servicing criteria set forth in Item 1122(d), to the extent required by the related transaction agreements as to any transaction, except for the following criteria: 1122(d)(1)(ii), 1122(d)(1)(iii), 1122(d)(1)(iv), 1122(d)(4)(iv), 1122(d)(4)(v), 1122(d)(4)(vi), 1122(d)(4)(vii), 1122(d)(4)(viii), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii) and 1122 (d)(4)(xiv).

Period: As of June 30, 2007 and for the period January 1, 2007 through June 30, 2007.

With respect to the Platform and the Period, the Company provides the following assessment of compliance in respect of the Applicable Servicing Criteria:

•  The Company is responsible for assessing its compliance with the Applicable Servicing Criteria.

•  The Company has assessed compliance with the Applicable Servicing Criteria.

•  As of June 30, 2007 and for the Period, the Company was in material compliance with the Applicable Servicing Criteria.

KPMG LLP, an independent registered public accounting firm, has issued an attestation report with respect to the Company’s assessment of compliance with the Applicable Servicing Criteria as of and for the Period.

The Bank of New York

The Bank of New York Trust Company, N.A.

/s/ Patrick J. Tadie

Patrick J. Tadie

Authorized Signer

The Bank of New York

/s/ Samir Pandiri

Samir Pandiri

Authorized Signer

September 18, 2007
#### Elizabeth Alden, Appellant, v St. Joseph's Hospital Health Center, Respondent.

Submitted October 1, 2007;

decided October 23, 2007

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that it does not lie *(see*CPLR 5601).
§ 654.17 Inspection. ( a ) Sponsor(s) are to make periodic and special inspections of installed project measures as provided in the plan of O&M. For structural measures, inspections are to be made at least annually and after each major storm or occurrence of any unusual condition that might adversely affect the project measures. At the discretion of the State Conservationist, NRCS may assist sponsor(s) with their inspections. NRCS or land-administering agencies may make independent inspections at any time during the period covered by the O&M agreement.
( b ) Sponsor(s) are to maintain a written record of each inspection and furnish NRCS and land-administering agencies a copy of that record. The record should indentify items inspected, O&M work that may be needed, a time frame to do the work, and the date of the inspection. The NRCS and land-administering agencies will provide the sponsor(s) a copy of a similar record of independent inspections.
( c ) The sponsor(s) shall perform the O&M work listed as needed in the inspection reports within the time frame established for each item of work. Failure to perform O&M work will be considered a violation of the O&M agreement and will be handled in accordance with § 654.20.
( d ) Sponsor(s) are to maintain a written record of work performed which is listed in the inspection report and a record of other significant O&M activity. The record will identify the measure, item of work, cost of performance, and date completed.
( e ) Sponsor(s)' records relative to the project shall be made available to NRCS for examination.
Dismissal and Opinion Filed June 14, 2013 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-00661-CV 

IN THE INTEREST OF J.L.W., A CHILD 

On Appeal from the 301st Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. 12-00449-T 

MEMORANDUM OPINION

Before Chief Justice Wright and JusticesLang-Miers and Lewis 

Opinion by Chief Justice Wright 

This is an appeal from the associate judge’s order establishing the parent-child 

relationship in a Title IV-D case brought by the Attorney General of Texas. An associate judge’s 

order on the merits of a Title IV-D case, however, is not final and is appealable to the referring 

district court, not the court of appeals. See TEX. FAM. CODE ANN. §§ 201.015 (West Supp. 

2012), 201.0142 (West 2008). Because we generally have jurisdiction over final judgments 

only, we directed appellant Father to file a letter brief demonstrating our jurisdiction over the 

appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). More than ten days 

have lapsed and Father has neither filed the letter brief nor otherwise communicated with the 

Court. Accordingly, with no jurisdiction over the complained-of order, we dismiss the appeal. 

See TEX. R. APP. P. 42.3(a). 

120661F.P05 

 

/Carolyn Wright/ 

CAROLYN WRIGHT 

CHIEF JUSTICE 
 –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

IN THE INTEREST OF J.L.W., A CHILD 

No. 05-12-00661-CV 

 On Appeal from the 301st Judicial District 

Court, Dallas County, Texas 

Trial Court Cause No. 12-00449-T. 

Opinion delivered by Chief Justice Wright. 

Justices Lang-Miers and Lewis participating. 

 In accordance with this Court’s opinion of this date, we DISMISS the appeal. 

 We ORDER that appellees Jahnisha Q. Warren and the Attorney General of Texas 

recover their costs, if any, of this appeal from appellant Francky Kalema-Kitenge. 

Judgment entered June 14, 2013 

/Carolyn Wright/ 

CAROLYN WRIGHT 

CHIEF JUSTICE
#### The People of the State of New York, Respondent, v Malcolm Martin, Also Known as Malcolm Berkowitz, Appellant.

Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County, imposed October 31, 1979, upon his conviction of manslaughter in the first degree, upon a plea of guilty, the sentence being an .indeterminate term of imprisonment of 8 Vis to 25 years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of imprisonment of 5 to 15 years. As so modified, sentence affirmed. The sentence was excessive to the extent indicated. Gulotta, J. P., Cohalan, Margett and Martuscello, JJ., concur.
§ 714.38 Who may claim refund. Claim for refund may be made by: ( a ) Any person who was entitled to share in the price or consideration received by the producer with respect to the marketing of a commodity from which a deduction was made for the penalty and bore the burden of such deduction in whole or in part.
( b ) Any person who was entitled to share in the commodity or the proceeds thereof, paid the penalty thereon in whole or in part and has not been reimbursed therefor.
( c ) Any person who was entitled to share in the commodity or the proceeds thereof and bore the burden of the penalty because he has reimbursed the person who paid such penalty.
( d ) Any person who, as buyer, paid the penalty in whole or in part in connection with the purchase of a commodity, was not required to collect or pay such penalty, did not deduct the amount of such penalty from the price paid the producer, and has not been reimbursed therefor.
( e ) Any person who paid the penalty in whole or in part as a surety on a bond given to secure the payment of penalties and has not been reimbursed therefor.
( f ) Any person who paid the whole or any part of the sum paid as a penalty with respect to a commodity included in a transaction which in fact was not a marketing of such commodity and has not been reimbursed therefor.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 1:98-cr-00019-MMP

ARTHUR W. HOUSEHOLDER,

Defendant.

________________________________/

O R D E R

This matter is before the Court on Doc. 1493, Motion for Early Termination of

Supervised Release. The Court has consulted the probation office and the Assistant United

States Attorney, neither of whom offered objection. The motion is granted, and the defendant is

terminated from supervised release. 

DONE AND ORDERED this 16th day of May, 2007

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case 1:98-cr-00019-MP Document 1496 Filed 05/16/07 Page 1 of 1
#### § 70.62 Report of violations.

Each grader shall report, in the manner prescribed by the Administrator, all violations and noncompliances under the Act and the regulations in this part of which such grader has knowledge.

[71 FR 42014, July 24, 2006]
**Exhibit32.1**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Particle DrillingTechnologies, Inc. (the “Company”) on Form 10-Q for the period endingMarch 31, 2006 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Jim B. Terry, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)            The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

(2)            The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| /s/  JIM B. TERRY         |          |   |
|---------------------------|---------------|--------|
| Jim  B. Terry             |          |   |
| *Chief Executive Officer* |          |   |
| * *                  |          |   |
| Date:                     | May  10, 2006 |   |
|                           |               |        |  |  |  |

 

 

Asigned original of this written statement required by Section 906 has beenprovided to Particle Drilling Technologies, Inc. and will be retained byParticle Drilling Technologies, Inc. and furnished to the Securities andExchange Commission or its staff upon request.

 

----
Exhibit 32.2

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 Eye Care centers of America, Inc. (the
Company) on Form 10-Q for the period ended March 29, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jennifer L. Kelley, as Executive Vice President and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 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.

May 9, 2008



|                                                                       
|-----------------------------------------------------------------------
|/s/ Jennifer L. Kelley                                                 
|Jennifer L. Kelley Executive Vice President
and Chief Financial Officer

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN PROVIDED TO EYE CARE CENTERS OF
AMERICA, INC. AND WILL BE RETAINED BY EYE CARE CENTERS OF AMERICA, INC. AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
***Exhibit 23.1***

 

**CONSENT OF ERNST & YOUNG LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

 We consent to the incorporation by reference in the following Registration Statements:

 

|   | (1) | Registration Statement (Form S-3 No. 333-149861) of NextWave Wireless Inc., |
|--------|-----|-----------------------------------------------------------------------------|

|   | (2) | Registration Statement (Form S-8 No. 333-144550) pertaining to the IPWireless, Inc. Employee Stock Bonus Plan of NextWave Wireless Inc., |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------|

|   | (3) | Registration Statement (Form S-8 No. 333-144549) pertaining to the NextWave Wireless Inc. 2007 New Employee Stock Incentive Plan, |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------|

|   | (4) | Registration Statement (Form S-8 No. 333-142542) pertaining to the NextWave Wireless Inc. 2005 Stock Incentive Plan, Cygnus Communications, Inc. 2004 Stock Option Plan, PacketVideo Corporation 2005 Equity Incentive Plan, NextWave Wireless Inc. 2007 New Employee Stock Incentive Plan, GO Networks, Inc. Employee Stock Bonus Plan of NextWave Wireless                            Inc., |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (5) | Registration Statement (Form S-8 No. 333-139169) pertaining to the PacketVideo Corporation 2005 Equity Incentive Plan of NextWave Wireless Inc., |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------|

 

of NextWave Wireless Inc., of our reports dated April 1, 2009, with respect to the consolidated financial statements and schedule of NextWave Wireless Inc., and the effectiveness of internal control over financial reporting of NextWave Wireless Inc., included in this Annual Report (Form 10-K) for the year ended December 27, 2008. 

 

 /s/ Ernst & Young LLP

San Diego, California 

April 1, 2009
II 

109TH CONGRESS 

2D SESSION S. 2436 

To establish an Office of Consumer Advocacy and Outreach within the Federal 

Trade Commission to protect consumers from certain unfair or deceptive 

acts or practices, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16 (legislative day, MARCH 15), 2006 

Mr. NELSON of Florida (for himself and Mr. MENENDEZ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To establish an Office of Consumer Advocacy and Outreach 

within the Federal Trade Commission to protect consumers from certain unfair or deceptive acts or practices, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Trade Com5 mission Consumer Advocacy Act’’. 


ccoleman on PROD1PC71 with BILLS
2 

•S 2436 IS

1 SEC. 2. ESTABLISHMENT OF THE OFFICE OF CONSUMER 

2 ADVOCACY AND OUTREACH. 

3 There is established within the Federal Trade Com4 mission an Office of Consumer Advocacy and Outreach. 

5 SEC. 3. PURPOSE OF THE OFFICE OF CONSUMER ADVO6 CACY AND OUTREACH. 

7 The purpose of the Office of Consumer Advocacy and 

8 Outreach is to protect minority consumers, disabled con9 sumers, and other targeted consumers from unfair or de10 ceptive acts or practices that violate section 5 of the Fed11 eral Trade Commission Act (15 U.S.C. 45). 

12 SEC. 4. RESPONSIBILITIES OF THE OFFICE OF CONSUMER 

13 ADVOCACY AND OUTREACH. 

14 The head of the Office of Consumer Advocacy and 

15 Outreach shall— 

16 (1) assist law enforcement personnel in— 

17 (A) investigating unfair or deceptive acts 

18 or practices that violate section 5 of the Federal 

19 Trade Commission Act (15 U.S.C. 45) and that 

20 affect minority, disabled, or other targeted con21 sumers; and 

22 (B) increasing the amount of information 

23 available about such acts or practices through 

24 the Consumer Sentinel database system or an 

25 equivalent database system; 


ccoleman on PROD1PC71 with BILLS
3 

•S 2436 IS

1 (2) provide consumers, including minority, dis2 abled, or other targeted consumers, information re3 garding detecting unfair or deceptive acts or prac4 tices; 

5 (3) administer a program that permits individ6 uals to anonymously report information regarding an 

7 unfair or deceptive act or practice that affects mi8 nority, disabled, or other targeted consumers; 

9 (4) carry out a program to provide a monetary 

10 reward to an individual who reports an unfair or de11 ceptive act or practice that affects minority, dis12 abled, or other targeted consumers if such report re13 sults in the Federal Trade Commission obtaining a 

14 civil penalty from a person liable for such act or 

15 practice; and 

16 (5) carry out a public awareness campaign in 

17 Spanish to inform Spanish-speaking consumers 

18 about the services provided by the Office and the 

19 award program described in paragraph (4). 

Æ 


ccoleman on PROD1PC71 with BILLS