alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32
 
 Certification
 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)
 
 
 Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of FNB United Corp., a North Carolina corporation (the “Corporation”), does hereby certify that:
 
 The Quarterly Report on Form 10-Q for the quarter ended September 30, 2009 (the “Form 10-Q”) of the Corporation fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in
all materials respects, the financial condition and results of operations of the Corporation.
 
 
 Date:  November 6, 2009

/s/Michael C. MillerMichael C. MillerChief Executive OfficerDate:  November 6, 2009

/s/Mark A. SeversonMark A. SeversonChief Financial Officer
 
 
 The foregoing certification is being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-Q or as a separate disclosure document.
#### Day, Appellant, *v.*Wilson, Warden, Appellee.

[Cite as *Day v. Wilson,*116 Ohio St.3d 566, 2008-OMo-82.]

(No. 2007-1344

Submitted January 9, 2008

Decided January 17, 2008.)

Per Curiam.

{¶ 1} This is an appeal from a judgment dismissing a petition for a writ of habeas corpus. Because the petitioner did not comply with the commitment-paper requirement of R.C. 2725.04(D) and had an adequate remedy in the ordinary course of law to raise his claim of an improper bindover, we affirm.

{¶ 2} In 1994, the Lucas County Court of Common Pleas convicted appellant, Claude E. Day Jr., of aggravated murder, felonious assault, and a firearm specification and sentenced him to prison.

{¶ 3} In April 2007, Day filed a petition in the Court of Appeals for Richland County for a writ of habeas corpus to compel appellee, Richland Correctional Institution Warden Julius Wilson, to immediately release him from prison. Day claimed that his convictions and sentence were void because he had never been given the physical examination required by the then applicable versions of Juv.R. 30 and former R.C. 2151.26 before he was bound over from the juvenile court to the common pleas court. Day did not attach to his petition a copy of the bindover entry that he challenged. The warden filed a motion to dismiss. The court of appeals granted the motion and dismissed the petition.

{¶ 4} The court of appeals properly dismissed Day’s petition. The petition was fatally defective and subject to dismissal because he failed to attach copies of all *567of his pertinent commitment papers. *Tisdale v. Eberlin,*114 Ohio St.3d 201, 2007-Ohio-3833, 870 N.E.2d 1191, ¶ 6. Day did not attach to his petition the juvenile court bindover entry that he is contesting. *State ex rel. Gilmore v. Mitchell*(1999), 86 Ohio St.3d 302, 303, 714 N.E.2d 925. The mere fact that the warden attached this entry to his dismissal motion did not cure the defect. *Cornell v. Schotten*(1994), 69 Ohio St.3d 466, 466-467, 633 N.E.2d 1111. Although the court of appeals did not base its judgment on Day’s failure to comply with R.C. 2725.04(D), we will not reverse a correct judgment. *State ex rel. Johnson v. Ohio Parole Bd.*(1997), 80 Ohio St.3d 140, 141, 684 N.E.2d 1227.

Claude E. Day Jr.,.pro se.

Marc Dann, Attorney General, and Thelma Thomas Price, Assistant Attorney General, for appellee.

{¶ 5} Moreover, if Day had attached the pertinent juvenile court entries to his petition, those entries, which were attached to the warden’s dismissal motion, rebutted Day’s claim that he had not received the required physical examination. Under these circumstances, Day had an adequate remedy in the ordinary course of law by appeal to raise his claim of an improper bindover because the sentencing court did not patently and unambiguously lack jurisdiction. *Smith v. Bradshaw,*109 Ohio St.3d 50, 2006-Ohio-1829, 845 N.E.2d 516, ¶ 10-12; *Gaskins v. Shiplevy*(1996), 76 Ohio St.3d 380, 382-383, 667 N.E.2d 1194.

{¶ 6} Therefore, we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.
#### § 600.500 Purpose and scope.

This subpart implements section 2306 of the Energy Policy Act of 1992, 42 U.S.C. 13525, and sets forth a general statement of policy, including procedures and interpretations, for the guidance of implementing DOE officials in making mandatory pre-award determinations of eligibility for financial assistance under Titles XX through XXIII of that Act.
§ 455.121 Grant applications for State technical assistance, program assistance, and marketing programs. ( a ) A State may apply for up to 100 percent of the amount allocated to it for a grant program cycle to fund administrative expenses under § 455.120 and technical assistance and program assistance programs, or for up to 50 percent of the amount allocated to it for a grant program cycle to fund marketing programs provided that: ( 1 ) The State has established a program to fund technical assistance, program assistance, or marketing programs, and has described its program or programs in its State Plan, as specified in § 455.20(j);
( 2 ) The State has a program or programs established consistent with this part of that fund, from non-Federal sources, energy conservation measures eligible under this part;
( 3 ) Not more than 15 percent of the aggregate amount of Federal and non-Federal funds legally committed or obligated to eligible recipients in the State to provide program assistance, marketing and technical assistance programs, implement energy conservation measures consistent with this part, and otherwise carry out a program pursuant to this part for the fiscal year concerned are expended for program assistance, technical assistance and marketing costs for such program;
( 4 ) The energy conservation measures funded from non-Federal sources under this section would be eligible for funding under § 455.71; and
( 5 ) The institutions undertaking the non-Federally funded energy conservation measures do so in accordance with all applicable Federal, State, and local laws and regulations with particular attention paid to applicable Federal and State non-discrimination laws and regulations.
( b ) Applications for financial assistance to defray State technical assistance, program assistance, or marketing expenses shall include: ( 1 ) The name and address of the person designated by the State to be responsible for the State's functions under this part;
( 2 ) An identification of intended use of all Federal and non-Federal funds for the State administrative expenses listed in § 455.82, or the technical assistance, program assistance, or marketing programs pursuant to this section;
( 3 ) Descriptions of the activities to be implemented together with a description of the State's program to provide non-Federal sources of funding to carry out the State's program(s) for energy conservation measures consistent with this part;
( 4 ) A certification that the 15 percent limit specified in subparagraph (a)(3) of this section will not be exceeded; and
( 5 ) Any other information required by DOE.
H. Res. 581

In the House of Representatives, U.S., 

December 6, 2005.

Resolved, That the Senate be informed that Karen L. 

Haas, a citizen of the State of Maryland, has been elected 

Clerk of the House of Representatives of the One Hundred 

Ninth Congress. 

Attest:

Clerk.
PGI 237.7002 AREA OF PERFORMANCE AND DISTRIBUTION OF CONTRACTS.       (1) Determine and define the geographical area to be covered by the contract using the following general guidelines:          (i) Use political boundaries, streets, or other features as demarcation lines.          (ii) The size should be roughly equivalent to the contiguous metropolitan or municipal area enlarged to include the activities served.          (iii) If the area of performance best suited to the needs of a particular contract is not large enough to include a carrier terminal commonly used by people within the area, the contract area of performance shall specifically state that it includes the terminal as a pickup or delivery point.          (2) In addition to normal contract distribution, send three copies of each contract to each activity authorized to use the contract, and two copies to each of the following:          (i) HQDA (TAPC-PEC-D), Alexandria, VA 22331.          (ii) Commander, Naval Medical Command, Department of the Navy (MED 3141), 23rd and E Streets NW, Washington, DC 20372.          (iii) Headquarters, AFMPC-MPCCM.    **Parent topic:** PGI 237.70 -MORTUARYSERVICES
Exhibit 10.34


SELECT COMFORT CORPORATION


Summary of Non-Employee Director Compensation


February 2010


Annual Retainer.  Each of our non-employee directors receives an annual cash retainer of $25,000.  Each committee chair receives additional compensation of $5,000 per year.  Each member of the Audit Committee receives additional compensation of $5,000 per year.  The non-executive Chairman of the Board receives an additional retainer of $100,000 per year.

Meeting Fees.  Each non-employee director (other than the non-executive Chairman of the Board) receives meeting fees for Board and Committee meetings attended beyond the normal number of regular or typical meetings for the Board and each Committee in a fiscal year, including: (i) Board meeting fees of $1,000 per in-person meeting and $500 per telephonic meeting after a minimum of four Board meetings for the fiscal year, and (ii) Committee meeting fees of $750 per in-person Committee meeting and $500 per telephonic Committee meeting after a minimum of eight Audit Committee meetings and after a minimum of four meetings of each other Committee for the fiscal year.

Stock Options.  Under the Select Comfort Corporation 2004 Stock Incentive Plan, each non-employee director is eligible to receive, as of the date that the director first begins to serve on the Board, an initial grant of options to purchase up to 10,000 shares of our common stock (or such lesser number of shares as may be determined by the Management Development and Compensation Committee from time to time).  These initial options become exercisable one year after the date of grant, so long as the director remains a director of our company.  In addition, each of our non-employee directors is eligible for an annual grant, coincident with the annual meeting of shareholders, of options to purchase up to 10,000 shares of our common stock (or such lesser number of shares as may be determined by the Management Development and Compensation Committee from time to time).  These annual options become exercisable one year after the date of grant, so long as the director remains a director of our company.  All options granted to directors have an exercise price equal to the fair market value of our common stock on the date of grant and remain exercisable for a period of up to 10 years, subject to continuous service on our Board of Directors.

Reimbursement of Expenses.  All of our directors are reimbursed for travel expenses for attending meetings of our Board or any Board committee and for attending approved director continuing education programs.

No Director Compensation for Employee Directors.  Any director who is also an employee of our company does not receive additional compensation for service as a director.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

HILTON WIENER,

Appellant,

v.

ILA WIENER n/k/a ILA LERNER,

Appellee.

No. 4D15-4466

[December 7, 2017]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Martin H. Colin, Judge; L.T. Case No. 50 2010 DR 

009006XXXXSB.

Hilton Wiener, Boca Raton, pro se.

Jeanne C. Brady of Brady & Brady, P.A., Boca Raton, and Holly D. 

Schuttler of Schuttler & Greenberg, LLC, Boca Raton, for appellee.

PER CURIAM.

Affirmed.

GERBER, C.J., LEVINE J., and SINGHAL, RAAG, Associate Judge, concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
Case 2:06-cv-00790-WC Document 5 Filed 11/06/2006 Page 1 of 4
Case 2:06-cv-00790-WC Document 5 Filed 11/06/2006 Page 2 of 4
Case 2:06-cv-00790-WC Document 5 Filed 11/06/2006 Page 3 of 4
Case 2:06-cv-00790-WC Document 5 Filed 11/06/2006 Page 4 of 4
#### § 602.13 Limitation of DOE liability.

Awards made under this part are subject to the requirement that the maximum DOE obligation to the recipient is the amount shown in the Notice of Financial Assistance Award as the amount of DOE funds obligated. DOE shall not be obligated to make any additional, supplemental, continuation, renewal, or other award for the same or any other purpose.
# L_2023105EN.01000101.xml

| 20.4.2023 | EN | Official Journal of the European Union | L 105/1 |
| --- | --- | --- | --- |

20.4.2023

EN

Official Journal of the European Union

L 105/1

---

Information relating to the entry into force of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver

The Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver will enter into force on 1 May 2023, the procedure provided for in Article 8(1) of the Agreement having been completed on 31 March 2023.

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S 10-QSB AS FOR THE QUARTER ENDED JUNE 30, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          Dec-31-1998
<PERIOD-END>                               Jun-30-1998
<CASH>                                       2,220,881
<SECURITIES>                                         0
<RECEIVABLES>                                5,015,589
<ALLOWANCES>                                 (329,116)
<INVENTORY>                                    321,183
<CURRENT-ASSETS>                             8,044,783
<PP&E>                                       2,010,857
<DEPRECIATION>                             (1,035,746)
<TOTAL-ASSETS>                              17,974,484
<CURRENT-LIABILITIES>                        4,679,489
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       391,288
<OTHER-SE>                                  12,495,018
<TOTAL-LIABILITY-AND-EQUITY>                17,974,484
<SALES>                                      4,040,257
<TOTAL-REVENUES>                             4,040,257
<CGS>                                        2,403,292
<TOTAL-COSTS>                                3,124,516
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                82,500
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,487,551)
<INCOME-TAX>                                 (222,515)
<INCOME-CONTINUING>                        (1,265,036)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,265,036)
<EPS-PRIMARY>                                   (0.33)
<EPS-DILUTED>                                   (0.33)
        

</TABLE>
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 587 Engrossed in House (EH)]

H. Res. 587

                 In the House of Representatives, U.S.,

                                                     December 14, 2005.
Whereas Tony Stewart won NASCAR's Nextel Cup Championship in 2005, the 57th 
        season of NASCAR's premier series;
Whereas Stewart finished with an amazing 6,533 points, the most for any driver 
        in the 2005 NASCAR series;
Whereas Stewart in the 2005 series won 3 starting pole positions, had 5 wins, 17 
        top 5 finishes, and 25 top 10 finishes;
Whereas Stewart also won the Gatorade Duel 2, the Dodge/Save Mart 350, the Pepsi 
        400, the New England 300, and the Sirius Satellite Radio at the Glen;
Whereas Stewart's #20 car started in 22nd position, led the most laps, and also 
        finished first in the Allstate 400 at the Brickyard, continuing Hoosier 
        dominance at the Indianapolis Motor Speedway's only NASCAR Nextel Cup 
        race;
Whereas Stewart is the recipient of Indiana's highest honor, the Sagamore of the 
        Wabash, which was awarded to him by Governor Mitch Daniels on August 29, 
        2005, after Stewart won the Allstate 400 at the Brickyard;
Whereas Stewart has won 2 NASCAR Nextel Cup Championships in only his 7th year 
        in the NASCAR circuit;
Whereas Stewart has won 8 other auto racing championships in his career 
        including the Indy Racing League;
Whereas Stewart has ranked in the top 10 every season since his 1999 rookie year 
        and has never ranked lower than 7th in the final point standings; and
Whereas Stewart, who began racing in Indiana and excelled at a very young age, 
        was born in Columbus, Indiana, and continues to have close ties with the 
        State of Indiana and the City of Columbus: Now, therefore, be it
    Resolved, That the House of Representatives congratulates Tony Stewart for 
winning the 2005 NASCAR Nextel Cup Championship.

            Attest:

                                                                 Clerk.
```
#### § 52.104 Duration of combined license.

A combined license is issued for a specified period not to exceed 40 years from the date on which the Commission makes a finding that acceptance criteria are met under § 52.103(g) or allowing operation during an interim period under the combined license under § 52.103(c).
§ 1704.2 Definitions. As used in this part: ( a ) *Chairman* and *Vice Chairman* mean those Members designated by the President to serve in said positions, pursuant to 42 U.S.C. 2286(c).
( b ) *Defense Nuclear Facilities Safety Board* means the Board established under the National Defense Authorization Act, Fiscal Year 1989.
( c ) *General Counsel* means the Board's principal legal officer, or an attorney serving as Acting General Counsel.
( d ) *Meeting* means the deliberations of three or more Members where such deliberations determine or result in the joint conduct or disposition of official Board business. A meeting does not include: ( 1 ) Notation voting or similar consideration of business for the purpose of recording of votes, whether by circulation of material to the Members individually in writing or by a polling of the Members individually by telephone.
( 2 ) Action by three or more Members to: ( i ) Open or to close a meeting or to release or to withhold information pursuant to § 1704.5;
( ii ) Set an agenda for a proposed meeting(s);
( iii ) Call a meeting on less than seven days' notice as permitted by § 1704.6(b); or
( iv ) Change the subject matter or the determination to open or to close a publicly announced meeting under § 1704.7(b).
( 3 ) A session attended by three or more Members for which the purpose is to have the Board's staff or expert consultants to the Board brief or otherwise provide information to the Board concerning any matters within the purview of the Board under its authorizing statute, provided that the Board does not engage in deliberations that determine or result in the joint conduct or disposition of official Board business on such matters.
( 4 ) A session attended by three or more Members for which the purpose is to have the Department of Energy (including its contractors) or other persons or organizations brief or otherwise provide information to the Board concerning any matters within the purview of the Board under its authorizing statute, provided that the Board does not engage in deliberations that determine or result in the joint conduct or disposition of official Board business on such matters.
( 5 ) A gathering of Members for the purpose of holding informal preliminary discussions or exchange of views which do not effectively predetermine official action.
( e ) *Member* means an individual duly appointed and confirmed to the collegial body, known as “the Board.”
§ 433.201 Scope 1 Fossil fuel-generated energy consumption determination. ( a ) The fossil fuel-generated energy consumption of a proposed building is calculated as follows:
Equation 2: Fossil fuel-generated energy consumption = Direct Scope 1 Fossil Fuel-Generated Consumption of Proposed Building/Floor Area Where: *Direct Scope 1 Fossil Fuel-Generated Energy Consumption of Proposed Building* equals the total Scope 1 fossil fuel-generated energy consumption of the proposed building calculated in accordance with the method required in § 433.101(a)(5) and measured in thousands of British thermal units per year (kBtu/yr), except that this term does not include fossil fuel consumption for emergency electricity generation. Agencies must include all on-site fossil fuel use or Scope 1 emissions associated with non-emergency generation from backup generators (such as those for peak shaving or peak shifting). Any energy generation or Scope 1 emissions associated with biomass fuels are excluded. Any emissions associated with natural gas for alternatively fueled vehicles (“AFVs”) (or any other alternative fuel defined at 42 U.S.C. 13211 that is provided at a Federal building) is excluded. For buildings with manufacturing or industrial process loads, the process loads should be accounted for in the analysis for the building's fossil fuel consumption and GHG emissions, but are not subject to the phase down targets. *Floor Area* is the area enclosed by the exterior walls of a building, both finished and unfinished, including indoor parking facilities, basements, hallways, lobbies, stairways, and elevator shafts.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 493 Engrossed in House (EH)]

H. Res. 493

                 In the House of Representatives, U.S.,

                                                      October 18, 2005.
    Resolved, That upon the adoption of this resolution it shall be in order 
without intervention of any point of order to consider in the House the bill (S. 
397) to prohibit civil liability actions from being brought or continued against 
manufacturers, distributors, dealers, or importers of firearms or ammunition for 
damages, injunctive or other relief resulting from the misuse of their products 
by others. The bill shall be considered as read. The previous question shall be 
considered as ordered on the bill to final passage without intervening motion 
except: (1) one hour of debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on the Judiciary; and (2) one 
motion to recommit.

            Attest:

                                                                 Clerk.
```
160 So.2d 227

#### Mrs. Cortez Burns ARMOUR et al. v. R. O. SMITH et al.

No. 47047.

Feb. 7, 1964.

Court of Appeal, Second Circuit.

158 So.2d 446.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
#### YOUNG, Appellant, v. McGRAW, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

January 27, 1915.)

Action by James A. Young against William McGraw.

PER CURIAM.

Judgment of County Court reversed, and judgment of Justice’s Court affirmed, with costs in this court and county court to the plaintiff. Held that, upon the merits, the plaintiff clearly was entitled to the judgment rendered, and that, under the circumstances disclosed by the record, the error, if any, in denying defendant’s application for leave to present his summary to the jury after the summary by plaintiff’s counsel should have been disregarded.