alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk July 26, 2010

s0719 

# Order

July 26, 2010

140378

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 140378 COA: 294327 Wayne CC: 80-005790 JOHN ALEXANDER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the December 17, 2009 order of the Court of Appeal s is considered, and it is DE NIED, because the defendant’s motion for relief from judgment is prohibited by MCR 6.502(G).
#### § 18.802 Hearsay rule.

Hearsay is not admissible except as provided by these rules, or by rules or regulations of the administrative agency prescribed pursuant to statutory authority, or pursuant to executive order, or by Act of Congress.
#### § 10.25 Frequency of pay.

Wage payments to workers shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under Executive Order 13658 may not be of any duration longer than semi-monthly.
###### Editorial Note on [Part 1926](/current/title-29/part-1926?toc=1)

#### Editorial Notes:

1. At [44 FR 8577](https://www.federalregister.gov/citation/44-FR-8577), Feb. 9, 1979, and corrected at [44 FR 20940](https://www.federalregister.gov/citation/44-FR-20940), Apr. 6, 1979, OSHA reprinted without change the entire text of [29 CFR part 1926](/on/2024-09-19/title-29/part-1926) together with certain General Industry Occupational Safety and Health Standards contained in [29 CFR part 1910](/on/2024-09-19/title-29/part-1910), which have been identified as also applicable to construction work. This republication developed a single set of OSHA regulations for both labor and management forces within the construction industry.

2. Nomenclature changes to part 1926 appear at [84 FR 21597](https://www.federalregister.gov/citation/84-FR-21597), May 14, 2019.

#### § 1926.1148 Formaldehyde.

Note:

The requirements applicable to construction work under this section are identical to those set forth at [§ 1910.1048 of this chapter](/on/2024-09-19/title-29/section-1910.1048).

[[61 FR 31434](https://www.federalregister.gov/citation/61-FR-31434), June 20, 1996]
#### § 1602.22 Requirements for filing and preserving copy of report.

On or before December 31, 1986, and biennially thereafter, every labor organization subject to title VII of the Civil Rights Act of 1964, as amended, shall file with the Commission or its delegate an executed copy of Local Union Report EEO-3 in conformity with the directions set forth in the form and accompanying instructions, provided that the labor organization has 100 or more members at any time during the 12 months preceding the due date of the report, and is a “local union” (as that term is commonly understood) or an independent or unaffiliated union. Labor organizations required to report are those which perform, in a specific jurisdiction, the functions ordinarily performed by a local union, whether or not they are so designated. Every local union or a labor organization acting in its behalf, shall retain at all times among the records maintained in the ordinary course of its affairs a copy of the most recent report filed, and shall make the same available if requested by an officer, agent, or employee of the Commission under the authority of section 709 of title VII. It is the responsibility of all persons required to file to obtain from the Commission or its delegate necessary supplies of the form.

(Approved by the Office of Management and Budget under control number 3046-0006)

[51 FR 11018, Apr. 1, 1986]
Exhibit 10.1

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 Annual Report of TPG N.V. (the "Company") on Form 20-F for the period
ended 31 December 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, M.P. Bakker, Chief Executive
Officer of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



|19 February 2003                                  |  | 
|------------------------------------------------- |  | 
|                                                  |  | 
|/s/M.P. BAKKERM.P. Bakker
Chief Executive Officer |  | 

---

QuickLinks
#### The People of the State of New York, Respondent, *v.*Daniel Halpern, Appellant.

Argued May 24, 1937;

decided June 8, 1937.

*Joseph Halpern*and *Benjamin Bag*for appellant.

*Samuel J. Foley, District Attorney (George Tilzer, Sol Boneparth*and *Herman J. Fliederblum*of counsel), for respondent.

*610Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
EXHIBIT 32.1





CERTIFICATION
OF THE CHIEF EXECUTIVE OFFICER 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 Berry Plastics Corporation (the
“Registrant”) on Form 10-K for the year ended September 26, 2009, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I, Ira
G. Boots, Chairman and Chief Executive Officer of the Registrant, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to my knowledge:





(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) 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
Registrant.











/s/Ira G.
Boots_________


Ira G.
Boots


Chairman
and Chief Executive Officer





Date:           November
24, 2009
§ 1955.20 Consent findings and orders. ( a ) ( 1 ) At any time during the proceeding a reasonable opportunity may be afforded to permit negotiation by the parties of an agreement containing consent findings and a rule or order disposing of the whole or any part of the proceeding. The allowance of such opportunity and the duration thereof shall be in the discretion of the administrative law judge, after consideration of the requirements of section 18 of the Act, the nature of the proceeding, the requirements of the public interest, the representations of the parties, and the probability of an agreement which will result in a just disposition of the issues.
( 2 ) Any agreement containing consent findings and a rule or order disposing of a proceeding shall also provide: ( i ) That the rule or order shall have the same force and effect as if made after a full hearing;
( ii ) A waiver of any further procedural steps before the administrative law judge and the Secretary; and
( iii ) A waiver of any right to challenge or contest the validity of the findings and of the rule or order made in accordance with the agreement.
( b ) ( 1 ) On or before the expiration of the time granted for negotiations, the parties or their counsel may: ( i ) Submit the proposed agreement to the administrative law judge for his consideration; or
( ii ) Inform the administrative law judge that agreement cannot be reached.
( 2 ) In the event an agreement containing consent findings and a rule or order is submitted within the time allowed therefor, the administrative law judge may accept such agreement by issuing his decision based upon the agreed findings. Such decision shall be published in the Federal Register.
#### In the Matter of the Henry Phipps Estates, Respondent, against Paul Moss, as Commissioner of Licenses of the City of New York, Appellant.

Argued January 4, 1937;

decided January 19, 1937.

*Paul Windels, Corporation Counsel (William S. Gaud, Jr., Paxton Blair*and *Charles C. Weinstein*of counsel), for appellant.

*Joseph M. Proskauer*and *Theodore J. Miller*for respondent.

*506Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Loughran and Rippey, JJ. Taking no part: Lehman and Finch, JJ.
#### § 1919.34 Proof tests after repairs or alterations.

When proof loads are applied after repairs or alterations, all parts of the assembled gear shall be examined as required in §§ 1919.30, 1919.31(c), or 1919.32(c), whichever is applicable.
EXHIBIT 32.1





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


In  connection  with the  Quarterly  Report  of iQ Power  Technology  Inc.  (the
"Company")  on Form 10-Q for the period  ended  March 31, 2003 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Peter
E. Braun, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350,  as adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002,
that to the best of my knowledge:

     (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 this Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.




                                           /s/ Peter E. Braun
                                           -----------------------------------
                                           Peter E. Braun,
                                           Chief Executive Officer
                                           May 13, 2004





     A signed  original of this  written  statement  required by Section 906 has
     been provided to iQ Power  Technology Inc. and will be retained by iQ Power
     Technology Inc. and furnished to the Securities and Exchange  Commission or
     its staff upon request.
§ 1910.38 Emergency action plans. ( a ) *Application.* An employer must have an emergency action plan whenever an OSHA standard in this part requires one. The requirements in this section apply to each such emergency action plan.
( b ) *Written and oral emergency action plans.* An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.
( c ) *Minimum elements of an emergency action plan.* An emergency action plan must include at a minimum: ( 1 ) Procedures for reporting a fire or other emergency;
( 2 ) Procedures for emergency evacuation, including type of evacuation and exit route assignments;
( 3 ) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;
( 4 ) Procedures to account for all employees after evacuation;
( 5 ) Procedures to be followed by employees performing rescue or medical duties; and
( 6 ) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.
( d ) *Employee alarm system.* An employer must have and maintain an employee alarm system. The employee alarm system must use a distinctive signal for each purpose and comply with the requirements in § 1910.165.
( e ) *Training.* An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.
( f ) *Review of emergency action plan.* An employer must review the emergency action plan with each employee covered by the plan: ( 1 ) When the plan is developed or the employee is assigned initially to a job;
( 2 ) When the employee's responsibilities under the plan change; and
( 3 ) When the plan is changed.
[67 FR 67961, Nov. 7, 2002]
EXHIBIT 32.1
                           SECTION 1350 CERTIFICATIONS

                           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 Jupiter Marine International
Holdings, Inc. (the "Company") on Form 10-KSB for the year ended July 26, 2003
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Carl Herndon, Chief Executive 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 results of operations of the
Company.



Date: November 5, 2003


/s/ Carl Herndon
-----------------------
Carl Herndon
Chief Executive Officer
# EUR-Lex - 31997L0049 - EN

Avis juridique important

*|*

# 31997L0049

**Commission Directive 97/49/EC of 29 July 1997 amending Council Directive 79/409/EEC on the conservation of wild birds **

*
Official Journal L 223 , 13/08/1997 P. 0009 - 0017 *

COMMISSION DIRECTIVE 97/49/EC of 29 July 1997 amending Council Directive 79/409/EEC on the conservation of wild birds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 15 thereof,

Whereas Annex I to Directive 79/409/EEC should be amended to take account of the latest information on the situation as regards the bird subspecies Phalacrocorax carbo sinensis, and in particular the fact that this subspecies has reached a favourable conservation status;

Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical and Scientific Progress set up pursuant to Directive 79/409/EEC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 79/409/EEC shall be replaced by the Annex to this Directive.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 September 1998. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 29 July 1997.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ No L 103, 25. 4. 1979, p. 1.

ANNEX

'ANEXO I - BILAG I - ANHANG I - ÐÁÑÁÑÔÇÌÁ I - ANNEX I - ANNEXE I - ALLEGATO I - BIJLAGE I - ANEXO I - LIITE I - BILAGA I

>TABLE>
[Federal Register Volume 65, Number 96 (Wednesday, May 17, 2000)]
[Notices]
[Page 31349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12399]


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

DEPARTMENT OF LABOR

Employment and Training Administration


Job Corps: Final Finding of No Significant Impact (FONSI) for the 
Proposed Job Corps Center in Carville, LA

AGENCY: Employment and Training Administration, Labor.

ACTION: Final Finding of No Significant Impact (FONSI) for the proposed 
Job Corps Center to be located at the former Gillis W. Long Hansen's 
Disease Center, 5445 Point Clair Road, Carville, Iberville Parish, 
Louisiana.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Council on Environmental Quality Regulations 
(40 CFR part 1500-08) implementing procedural provisions of the 
National Environmental Policy Act (NEPA), the Department of Labor, 
Employment and Training Administration, Office of Job Corps gives final 
notice of the proposed construction of a new Job Corps Center at the 
former Gillis W. Long Hansen's Disease Center, 5445 Point Clair Road, 
Carville, Iberville Parish, Louisiana, and that this construction will 
not have a significant adverse impact on the environment. In accordance 
with 29 CFR 11.11(d) and 40 CFR 1501.4(e)(2), a preliminary FONSI for 
the new Job Corps Center was published in the March 27, 2000 Federal 
Register (65 FR 16224-16226). No comments were received regarding the 
preliminary FONSI.
    ETA has reviewed the conclusion of the environmental assessment 
(EA), and agrees with the finding of no significant impact. This notice 
serves as the Final Finding of No Significant Impact for the new Job 
Corps Center at the former Gillis W. Long Hansen's Disease Center, 5445 
Point Clair Road, Carville, Iberville Parish, Louisiana. The 
preliminary FONSI and the EA are adopted in final with no change.

EFFECTIVE DATE: May 17, 2000.

FOR FURTHER INFORMATION CONTACT: Eric Luetkenhaus, Employment and 
Training Administration, Department of Labor, 200 Constitution Avenue 
NW, Room N-4659, Washington, DC, 20210; (202) 219-5468 ext 118 (this is 
not a toll-free number).

    Dated at Washington, DC, this 9th day of May 2000.
Richard C. Trigg,
Director of Job Corps.
[FR Doc. 00-12399 Filed 5-16-00; 8:45 am]
BILLING CODE 4510-30-P
§ 1918.100 Emergency action plans. ( a ) *Scope and application.* This section requires all employers to develop and implement an emergency action plan.[14] The emergency action plan shall be in writing (except as provided in the last sentence of paragraph (e)(3) of this section) and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies.
( b ) *Elements.* The following elements, at a minimum, shall be included in the plan: ( 1 ) Emergency escape procedures and emergency escape route assignments;
( 2 ) Procedures to be followed by employees who remain to operate critical operations before they evacuate;
( 3 ) Procedures to account for all employees after emergency evacuation has been completed;
( 4 ) Rescue and medical duties for those employees who are to perform them;
( 5 ) The preferred means of reporting fires and other emergencies; and
( 6 ) Names or regular job titles of persons or departments that can be contacted for further information or explanation of duties under the plan.
( c ) *Alarm system.* The employer shall establish an employee alarm system that provides warning for necessary emergency action or for reaction time for safe escape of employees from the workplace or the immediate work area, or both.
( d ) *Evacuation.* The employer shall establish the types of evacuation to be used in emergency circumstances.
( e ) *Training.* ( 1 ) Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.
( 2 ) The employer shall review the plan with each employee covered by the plan at the following times: ( i ) Initially when the plan is developed;
( ii ) Whenever the employee's responsibilities or designated actions under the plan change; and
( iii ) Whenever the plan is changed.
( 3 ) The employer shall review with each employee upon initial assignment those parts of the plan that the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. Employers with 10 or fewer employees may communicate the plan orally to employees and need not maintain a written plan.
[62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000] Footnotes -
1918.100
[14] When an employer directs his employees to respond to an emergency that is beyond the scope of the Emergency Action Plan, a plan developed in accordance with § 1910.120(q) of this chapter shall apply.
#### STATE OF FLORIDA v SCHWARTZ

Case No. 85-261 AC

Eleventh Judicial Circuit, Appellate Division, Dade County

December 2, 1986

APPEARANCES OF COUNSEL

Jim Smith, Attorney General, and Nancy C. Wear, Assistant Attorney General, for appellant.

Barry D. Silverstein for appellee.

Before SIMONS, SALMON, ROBINSON, JJ.

OPINION OF THE COURT

PER CURIAM.

Appellant appeals the granting of a sworn Motion to Dismiss. We reverse and remand for trial.

The sworn motion to dismiss which was granted by the Court was not a statement of facts as contemplated by Fla. R. Crim. P. 3.190(C)(4) and was legally insufficient on its face to even require a traverse by the State. See *State v. Terrell,*406 So.2d 1215 (Fla. 3d DCA 1981), *State v. Pena-Salazar,*405 So.2d 254 (Fla. 3d DCA 1981). Having reached this initial conclusion, the remaining points on appeal need not be addressed.

REVERSED.
Exhibit 21


                                RYMER FOODS INC.

                           SUBSIDIARIES OF THE COMPANY

                                OCTOBER 30, 1999




                                State of     Percent
       Subsidiary Name        Incorporation   Owned            Owner
       ---------------        -------------   -----            -----

       Rymer Meat Inc.           Illinois      100         Rymer Foods Inc.

       Rymer Chicken Inc. (1)    Arkansas      100         Rymer Meat Inc.

       Rymer International
        Seafood Inc.             Illinois      100         Rymer Meat Inc.

       Rymer Chicken Inc. -
        Plant City (2)           Florida       100         Rymer Meat Inc.

       Queen City Foods Inc.     Georgia       100         Rymer Meat Inc.



  (1)  Substantially all of the  assets of Rymer  Chicken Inc. were
       sold on December 10, 1993.   See Note 4  to the Consolidated
       Financial Statements.

  (2)  Facility was sold in 1998.   See Note 4  to the Consolidated
       Financial Statements.
<PAGE>
                                                                    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 Tower Financial Corporation (the
"Company") on Form 10-Q for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Donald
F. Schenkel, Chairman of the Board, President and Chief Executive 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 results of operations of the
Company.


/s/ Donald F. Schenkel
-------------------------------------
Donald F. Schenkel
Chairman of the Board, President
and Chief Executive Officer
May 13, 2005


                                       21