alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James MESSER, Jr., Petitioner/Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent/Appellee.

No. 86-8506.

United States Court of Appeals, Eleventh Circuit.

July 8, 1986.

Rehearing and Rehearing En Banc Denied Sept. 5,1986.

Howard Manchel, Robert L. McGlasson, Atlanta, Ga., for petitioner/appellant.

Mary Beth Westmoreland, Asst. Atty. Gen., William B. Hill, Sr., Asst. Atty. Gen., for respondent/appellee.

Before RONEY, HILL and FAY, Circuit Judges.

ORDER

BY THE COURT:

The district court denied petitioner’s petition for habeas corpus late yesterday, July 7, 1986. A notice of appeal from the district court’s denial of the petition for the writ of habeas corpus has been filed. An application for a certificate of probable cause and a stay of execution has also been filed in this court.

The stay of execution which had been entered by the district court has been ordered, by that court, to be lifted as of 12:00 noon today, July 8, 1986. This court has been advised that the state has scheduled petitioner’s execution for 10:00 a.m. on Wednesday, July 9, 1986.

The premises considered, and further considering that proceedings are going forward in this court today, it is ORDERED *573that the execution of the death penalty upon petitioner is stayed until 10:00 a.m. on Wednesday, July 9, 1986.
Page 1 of 3

Disposition Comments

Docket No: FAA-2013-0341 These comments are in

Directorate ID: 2012-SW-025-AD response to an SNPRM

Originating Office Tracking No.: 

Next Step: FRAN SNPRM

 No Comments/Only Supportive Comments Received – If this box is checked, no signatures are 

required.

No Has the referenced service information been revised since the NPRM was issued? If yes, 

list latest revision and attach a copy. Note that changes beyond the scope of the previously 

published NPRM will require a new notice. Contact the Directorate focal point for guidance.

Instructions: Summarize all comments by issue (not by commenter) and provide your recommended resolution of 

each issue. All comments relating to the same issue should be discussed together. Do not list all of the issues 

from one commenter together. If changes to the AD are required based on the comments received, explain why and 

describe in detail what change(s) you recommend. Reference FAA-IR-M-8040.1C Chapter 9.

ISSUE 1: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD: 

If NO, we don’t agree because 

ISSUE 2: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD:
Page 2 of 3

If NO, we don’t agree because 

For additional issues, double-click here
Page 3 of 3

Signature Section

Signature indicates concurrence with this action.

Originating Office Tracking No.: 

ASE Printed Name: Date

Branch Manager Date
#### § 417.510 Who maintains SAM Exclusions?

The General Services Administration (GSA) maintains SAM Exclusions. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement debarment and suspension system, the agency enters the information about the excluded person into SAM Exclusions.
**Exhibit
32.1**
 
 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 Patient Safety Technologies, Inc. (the
"Company") on Form 10-Q for the fiscal quarter ended March 31, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Milton “Todd” Ault, III, Chief Executive Officer and Principal Financial
Officer of the Company, certify, pursuant to 18 U.S.C. Section 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 result of operations of the Company.
 
 A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
 
 
 May 16,
2005
 
  /s/ Milton
      “Todd” Ault,
      IIIMilton
      “Todd” Ault, III
      Chief
      Executive Officer
      and
      Principal Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-START>                             FEB-01-1996
<PERIOD-END>                               JAN-31-1997
<CASH>                                      28,620,000
<SECURITIES>                                   987,000
<RECEIVABLES>                                9,959,000
<ALLOWANCES>                                   165,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            40,093,000
<PP&E>                                       3,806,000
<DEPRECIATION>                               1,751,000
<TOTAL-ASSETS>                              42,241,000
<CURRENT-LIABILITIES>                       10,130,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        82,000
<OTHER-SE>                                  32,029,000
<TOTAL-LIABILITY-AND-EQUITY>                42,241,000
<SALES>                                     35,990,000
<TOTAL-REVENUES>                            35,990,000
<CGS>                                       10,485,000
<TOTAL-COSTS>                               16,909,000
<OTHER-EXPENSES>                               456,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              26,000
<INCOME-PRETAX>                              2,342,000
<INCOME-TAX>                                  (90,000)
<INCOME-CONTINUING>                          2,432,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,432,000
<EPS-PRIMARY>                                      .30
<EPS-DILUTED>                                      .28
        

</TABLE>
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 912 Introduced in House (IH)]

109th CONGRESS
  2d Session
H. RES. 912

 Supporting the goals and ideals of National Life Insurance Awareness 
                                 Month.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2006

 Mrs. Biggert (for herself and Mr. Kanjorski) submitted the following 
  resolution; which was referred to the Committee on Government Reform

_______________________________________________________________________

                               RESOLUTION

 
 Supporting the goals and ideals of National Life Insurance Awareness 
                                 Month.

Whereas life insurance is an essential part of a sound financial plan;
Whereas life insurance provides financial security for families by helping 
        surviving members meet immediate and long-term financial obligations and 
        objectives in the event of a premature death in their family;
Whereas approximately 68,000,000 United States citizens lack the adequate level 
        of life insurance coverage needed to ensure a secure financial future 
        for their loved ones;
Whereas life insurance products protect against the uncertainties of life by 
        enabling individuals and families to manage the financial risks of 
        premature death, disability, and long-term care;
Whereas individuals, families, and businesses can benefit from professional 
        insurance and financial planning advice, including an assessment of 
        their life insurance needs; and
Whereas numerous groups supporting life insurance have designated September of 
        2006 as National Life Insurance Awareness Month as a means to encourage 
        consumers to (1) become more aware of their life insurance needs; (2) 
        seek professional advice regarding life insurance; and (3) take the 
        actions necessary to achieve financial security for their loved ones: 
        Now, therefore, be it
    Resolved,  That the House of Representatives--
            (1) supports the goals and ideals of National Life 
        Insurance Awareness Month; and
            (2) requests that the President issue a proclamation 
        calling on the Federal Government, States, localities, schools, 
        nonprofit organizations, businesses, and the citizens of the 
        United States to observe the month with appropriate programs 
        and activities.
                                 <all>
```
§ 1210.3 Definitions. ( a ) *Secretary.* Secretary means the Secretary of Health and Human Services.
( b ) *Commissioner.* Commissioner means the Commissioner of Food and Drugs.
( c ) *Milk.* For the purposes of the act and of the regulations in this part: Milk is the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within 15 days before and 5 days after calving, or such longer period as may be necessary to render the milk practically colostrum free.
( d ) *Condensed milk.* Condensed milk, as the term is used in section 3, paragraph 2, of the Federal Import Milk Act, includes evaporated milk in the manufacture of which sterilization of the milk and cream is a necessary and usual process; it includes sweetened condensed milk only if it is prepared by a process which insures sterilization of the milk and cream. Condensed milk, as the term is used in section 3, paragraph 3, of the Federal Import Milk Act, means sweetened condensed milk.
( e ) *Sweetened condensed milk.* Sweetened condensed milk conforms to the definition and standard of identity for such food as set out in § 131.120 of this chapter.
( f ) *Evaporated milk.* Evaporated milk conforms to the definition and standard of identity for such food as set out in § 131.130 of this chapter.
( g ) *Cream.* Cream is that portion of the milk, rich in milk fat, which rises to the surface of milk on standing or is separated from it by centrifugal force. (See §§ 131.150 through 131.157 of this chapter).
( h ) *Pasteurization.* Pasteurization is the process of heating every particle of milk or cream to at least 143 °F., and holding it at such temperature continuously for at least 30 minutes, or to at least 161 °F., and holding it at such temperature continuously for at least 15 seconds.
( i ) *Shipper.* A shipper is anyone, other than a common carrier, who ships, transports, or causes to be shipped or transported into the United States milk or cream owned by him.
[38 FR 32104, Nov. 20, 1973, as amended at 42 FR 14091, Mar. 15, 1977]
EXHIBIT 4.1


                                                   November 11, 2005


Mr. Jack Kleinert
Chief Executive Officer
Velocity Asset Management, Inc
3100 Route 138 West
Wall, NJ 07719

        Re:  Amendment No. 1 to Business Advisory Agreement


Dear Jack:

This letter amendment (the "Amendment") hereby amends the agreement ("Business
Advisory Agreement") dated September 1, 2005 relating to the business advisory
fees payable to Lomond International, Inc. ("LI"), a North Carolina corporation,
by Velocity Asset Management, Inc ("Company"), a Delaware corporation, for LI's
"best efforts, non-exclusive" business advisory services for a 12 month period.

         Now, therefore, in consideration of the mutual promises and covenants
made herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the parties hereto the parties
hereto hereby agree to amend the contract as follows:

         1.       The first paragraph of Section 3 of the Business Advisory
                  Agreement is hereby deleted.

         2.       As an inducement to enter into this Amendment, the Company
                  hereby agrees to pay LI a fee of $25,000.00 due and payable
                  upon the execution of this Amendment.

         3.       The term "Transaction" for the purposes of the Business
                  Advisory Agreement, as amended herein, shall not include any
                  debt or equity investment or financing of any kind.

         4.       The effective date of the Amendment is retroactive to
                  September 1, 2005.

         5.       This Amendment is limited as specified and shall not
                  constitute a modification, amendment or waiver of any other
                  provision of the Business Advisory Agreement. Except as
                  specifically amended by this Amendment, the Business Advisory
                  Agreement shall remain in full force and effect and is hereby
                  ratified and confirmed.


                                       Very truly yours,

                                       /s/ MARTIN A. SUMICHRAST
                                       -----------------------------------------
                                       Martin A. Sumichrast
                                       Managing Director

<PAGE>


AGREED AND ACCEPTED:

VELOCITY ASSET MANAGEMENT, INC.


By: /s/ JOHN C. KLEINERT                           Dated: November 11, 2005
    --------------------------------
    Jack Kleinert
    Chief Executive Officer
Exhibit 32

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 annual report of MEMC Electronic Materials, Inc. (the Company) on
Form 10-K for the period ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Nabeel Gareeb, President and Chief Executive Officer of the Company, and Kenneth H. Hannah,
Senior Vice President and Chief Financial Officer of the Company, certify, to the best of our knowledge, pursuant to 18 U.S.C. Section 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 28, 2007



By:

/s/ Nabeel GareebName:

Nabeel GareebTitle:

President and Chief Executive Officer MEMC
Electronic Materials, Inc.


Date: February 28, 2007



By:

/s/ Kenneth H. HannahName:

Kenneth H. HannahTitle:

Senior Vice President and Chief Financial
Officer MEMC Electronic Materials, Inc
#### § 1108.35 Advanced research.

*Advanced research* means advanced technology development that creates new technology or demonstrates the viability of applying existing technology to new products and processes in a general way. Advanced research is most closely analogous to precompetitive technology development in the commercial sector (*i.e.,* early phases of research and development on which commercial competitors are willing to collaborate, because the work is not so coupled to specific products and processes that the results of the work must be proprietary). It does not include development of military systems and hardware where specific requirements have been defined. It is typically funded in Advanced Technology Development (Budget Activity 3) programs within DoD's Research, Development, Test and Evaluation (RDT&E) appropriations.
# National Mentoring Month, 2011 

Across our Nation, mentors steer our youth through challenging times and support their journey into adulthood.  During National Mentoring Month, we honor these important individuals who unlock the potential and nurture the talent of our country, and we encourage more Americans to reach out and mentor young people in their community. 

The dedication of mentors has helped countless young men and women succeed when they might have otherwise fallen short of their full potential.  Mentors can provide a steady presence and share their valuable knowledge and experiences.  Even brief amounts of quality time set aside by these compassionate adults can have a lasting impact on the development of a child.  Mentors can also support the lessons of parents and teachers by encouraging students to complete their schoolwork and by instilling enduring values of commitment and persistence. From coaches to community leaders, tutors to trusted friends, mentors are working with today’s youth to develop tomorrow’s leaders. 

We know the difference that a responsible, caring adult can make in a child’s life.  Effective mentoring programs can result in better school attendance, positive student attitudes, and a reduced likelihood of initiating drug and alcohol use.  Across the Federal Government, we have provided resources to expand mentoring opportunities for America’s young people. We are increasing mentoring efforts in Native American and rural communities and are working to ensure our investments are coordinated, effective, and focused on those most in need.  To help build healthy families and communities and provide our youth with strong role-models, I launched the President’s Fatherhood and Mentoring Initiative.  First Lady Michelle Obama and I have also established mentoring programs within the White House, pairing staff with young men and women in the Washington, D.C., area.  For information and resources about mentoring opportunities, I encourage all Americans to visit:  www.Serve.gov/​Mentor. 

Many Americans have realized their promise because a mentor encouraged them to reach for new heights and guided them along the path to achievement.  The contributions of these engaged adults extend beyond the lives they touch and have a lasting impact that strengthens our country and our future. 

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2011 as National Mentoring Month.  I call upon all public officials, business and community leaders, educators, and Americans across the country to observe this month with appropriate ceremonies, activities, and programs. 

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of December, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth. 

[FR Doc. 2010-32617

Billing code 3195-W1-P
Editorial Note on Part 117
Editorial Note: Nomenclature changes to part 117 appear at 81 FR 49896, July 29, 2016.

§ 117.180 Requirements applicable to a preventive controls qualified individual and a qualified auditor. ( a ) One or more preventive controls qualified individuals must do or oversee the following: ( 1 ) Preparation of the food safety plan (§ 117.126(a)(2));
( 2 ) Validation of the preventive controls (§ 117.160(b)(1));
( 3 ) Written justification for validation to be performed in a timeframe that exceeds the first 90 calendar days of production of the applicable food;
( 4 ) Determination that validation is not required (§ 117.160(c)(5));
( 5 ) Review of records (§ 117.165(a)(4));
( 6 ) Written justification for review of records of monitoring and corrective actions within a timeframe that exceeds 7 working days;
( 7 ) Reanalysis of the food safety plan (§ 117.170(d)); and
( 8 ) Determination that reanalysis can be completed, and additional preventive controls validated, as appropriate to the nature of the preventive control and its role in the facility's food safety system, in a timeframe that exceeds the first 90 calendar days of production of the applicable food.
( b ) A qualified auditor must conduct an onsite audit (§ 117.435(a)).
( c ) ( 1 ) To be a preventive controls qualified individual, the individual must have successfully completed training in the development and application of risk-based preventive controls at least equivalent to that received under a standardized curriculum recognized as adequate by FDA or be otherwise qualified through job experience to develop and apply a food safety system. Job experience may qualify an individual to perform these functions if such experience has provided an individual with knowledge at least equivalent to that provided through the standardized curriculum. This individual may be, but is not required to be, an employee of the facility.
( 2 ) To be a qualified auditor, a qualified individual must have technical expertise obtained through education, training, or experience (or a combination thereof) necessary to perform the auditing function.
( d ) All applicable training in the development and application of risk-based preventive controls must be documented in records, including the date of the training, the type of training, and the person(s) trained.
###### Editorial Note on Part 12

#### Editorial Note:

Nomenclature changes to part 12 appear at 88 FR 45064, July 14, 2023.

#### § 12.139 Reconsideration and stay of action.

Following notice or publication of the final decisions, a participant may petition the Commissioner for reconsideration of any part or all of the decision under § 10.33 or may petition for a stay of the decision under § 10.35.
#### § 501.8 [Reserved]
CASE ANNOUNCEMENTS

*December 28, 2007*

[Cite as *12/28/2007 Case Announcements,*2007-Ohio-7019.]

MOTION AND PROCEDURAL RULINGS

2007-2417.

#### State v. Harris.

Cuyahoga App. No. 90618. This ease was filed by appellant as an appeal of right pursuant to S.Ct.Prac.R. II(1)(A)(1). However, upon review it is determined that this case originated in the court of common pleas and should proceed as a discretionary appeal.

It is ordered that appellant shall file a memorandum in support of jurisdiction pursuant to S.Ct.Prac.R. Ill no later than January 10, 2008.