alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-6882

WILLIAM PAUL RAMEY, JR., Petitioner - Appellant,
versus GENE JOHNSON, Director of the Virginia Department of Corrections; TRACY RAY, Warden; JERRY KILGORE, Attorney General of the State of Virginia, Respondents - Appellees.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-05-134-7) Submitted: October 20, 2005 Decided: October 28, 2005 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Gary Gray Gilliam, Sr., GILLIAM LAW OFFICE, PC, Norton, Virginia, for Appellant Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: William Paul Ramey, Jr., seeks to appeal the district court’s order denying as untimely his petition filed under 28 U.S.C. § 2254 (2000). We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Corr. , 434 U.S. 257, 264 (1978) (quoting United States v. Robinson , 361 U.S. 220, 229 (1960)). The district court’s judgment was entered on the docket on May 3, 2005. The notice of appeal was filed on June 3, 2005. Because Ramey failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
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 Wizzard Software Corporation
(the "Registrant") on Form 10-QSB-A1 for the period ending June 30, 2006, as
filed with the Securities and Exchange Commission on the date hereof (the
"Quarterly Report"), we, Christopher J. Spencer, President, CEO and Treasurer
and Gordon Berry, Acting Chief Financial 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:

   (1) The Quarterly 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 Quarterly Report fairly presents, in
all material respects, the financial condition and result of operations of the
Registrant.


Dated: 11-14-06             Signature:     /s/ Christopher J. Spencer
                                          ---------------------------
                                          Christopher J. Spencer
                                          President, CEO and Treasurer

Dated: 11-14-06             Signature:     /s/ Gordon Berry
                                          --------------------------
                                          Gordon Berry
                                          Acting Chief Financial Officer
[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Page 50808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20846]



[[Page 50808]]

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

DEPARTMENT OF STATE

[Public Notice 7556]


Certification Related to the Khmer Rouge Tribunal

    Pursuant to the authority vested in the Secretary of State, 
including under Section 7071 (c) of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2010 (Division F, 
Pub. L. 111-117), as carried forward by Full-Year Continuing 
Appropriations Act, 2011 (Div. B, Pub. L. 112-10), and Delegation of 
Authority 245-1, I hereby certify that the United Nations and 
Government of Cambodia are taking credible steps to address allegations 
of corruption and mismanagement within the Extraordinary Chambers in 
the Courts of Cambodia (also known as the ``Khmer Rouge Tribunal'').
    This Certification and related Memorandum of Justification shall be 
provided to the appropriate committees of the Congress and published in 
the Federal Register.

    Dated:July 29, 2011.
Thomas R. Nides,
Deputy Secretary for Management and Resources.
[FR Doc. 2011-20846 Filed 8-15-11; 8:45 am]
BILLING CODE 4710-30-P
#### § 780.705 Meaning of “establishment.”

The word “establishment” has long been interpreted by the Department of Labor and the courts to mean a distinct physical place of business and not to include all the places of business which may be operated by an organization (*Phillips* v. *Walling,* 334 U.S. 490; *Mitchell* v. *Bekins Van and Storage Co.,* 352 U.S. 1027). Thus, in the case of a business organization which operates a number of country elevators (see *Tobin* v. *Flour Mills,* 185 F. 2d 596), each individual elevator or other place of business would constitute an establishment, within the meaning of the Act. Country elevators are usually one-unit places of business with, in some cases, an adjoining flat warehouse. No problem exists of determining what is the establishment in such cases. However, where separate facilities are used by a country elevator, a determination must be made, based on their proximity to the elevator and their relationship to its operations, on whether the facilities and the elevator are one or more than one establishment. If there are more than one, it must be determined by which establishment the employee is employed and whether that establishment meets the requirements of section 13(b)(14) before the application of the exemption to the employee can be ascertained (compare *Mitchell* v. *Cammill,* 245 F. 2d 207; *Remington* v. *Shaw* (W.D. Mich.), 2 WH Cases 262).
Exhibit 10.22

 

AMENDMENT 2012-1

TO

THE PEP BOYS SAVINGS PLAN — PUERTO RICO

 

Pursuant to the authority previously delegated to it by the Board of Directors of The Pep Boys — Manny, Moe & Jack (the “Company”), the Benefits Plan Committee of the Company hereby amends The Pep Boys Savings Plan — Puerto Rico (the “Plan”) as follows:

 

1.                                      Section 7.2(b) of the Plan is hereby amended in its entirety to read as follows:

 

“(b)                           Notwithstanding Sections 5.2(a) and 8.4, all earnings and expenses, including commissions and transfer taxes, realized or incurred in connection with any investments pursuant to a Participant’s or Former Participant’s directions shall be credited or charged to the Participant’s or Former Participant’s Account for which the investment is made.  Effective as of January 1, 2012, a Participant or Former Participant who fails to designate an investment option for his Pre-Tax Contribution Account, Rollover Account and Matching Contribution Account, shall be deemed to have elected to have such Accounts invested in the age-appropriate Fidelity Freedom Fund.”

 

IN WITNESS WHEREOF, and as evidence of the adoption of this amendment set forth herein, the Committee has caused this instrument to be executed this 26th day of April, 2012.

 

	
Attest:
    	
 
    	
COMMITTEE   FOR
    
	
 
    	
 
    	
THE   PEP BOYS SAVINGS PLAN — PUERTO RICO
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/   Brian D. Zuckerman
    	
 
    	
By:
    	
/s/   Bernard K. McElroy
    
	
Brian   D. Zuckerman
    	
 
    	
 
    	
Bernard   K. McElroy
    
	
Senior   Vice President
    	
 
    	
 
    	
Vice   President Finance & Treasurer
    
	
General   Counsel & Secretary
**Exhibit 31.2**

 

**Section 302 Certification of Principal Financial Officer**

 

I, Garry Wong, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Dragon Pharmaceutical Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4. The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b) Omitted

c) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonable likely to materially affect, the registrant's internal control over financial reporting; and 

5. The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls over financial reporting.

 

Date: :  August 11, 2006

|   | /s/ Garry Wong   |
|--------|----------------------------|

Garry Wong,

Chief Financial Officer
[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Page 50486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20688]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Human Genome Research Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Inherited Disease Research Access 
Committee.
    Date: September 9, 2011.
    Time: 11:30 a.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 5635 Fishers Lane, 
Bethesda, MD 20892, (Telephone Conference Call).
    Contact Person: Camilla E. Day, PhD, Scientific Review Officer, 
CIDR, National Human Genome Research Institute, National Institutes 
of Health, 5635 Fishers Lane, Suite 4075, Bethesda, MD 20892, 301-
402-8837, <a href="/cdn-cgi/l/email-protection#2f4c4e424643434e014b4e566f41464701484059"><span class="__cf_email__" data-cfemail="6f0c0e020603030e410b0e162f01060741080019">[email protected]</span></a>.
(Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human 
Genome Research, National Institutes of Health, HHS)

    Dated: August 9, 2011.
Anna P. Snouffer,
Deputy Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2011-20688 Filed 8-12-11; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
----

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 September 2004

in Case C-454/03: Commission of the European Communities v Kingdom of Belgium (1)

(Failure by a Member State to fulfil its obligations - Failure to transpose Directive 98/44/EC)

(2004/C 262/23)

Language of the case: French

In Case C-454/03: Commission of the European Communities (Agents: K. Banks) v Kingdom of Belgium (Agent: E. Dominkovits) — action for failure to fulfil obligations under Article 226 EC — the Court (Sixth Chamber), composed of: J.-P. Puissochet, President of Chamber, F. Macken (Rapporteur) and S. von Bahr, Judges; F.G. Jacobs, Advocate General; R.Grass, Registrar, gave a judgment on 9 September 2004, the operative part of which is as follows:

----

(1)OJ C 289 of 29.11.2003.

----
792 A.2d 593

#### In the Matter of Richard Seth HUDSON. Petition for reinstatement from inactive status.

No. 137 DB 2001.

Supreme Court of Pennsylvania.

Feb. 28, 2002.

*ORDER*

PER CURIAM.

AND NOW, this 28th day of February, 2002, The Report and Recommendations of The Disciplinary Board of the Supreme Court of Pennsylvania dated January 28, 2002, are approved and IT IS ORDERED that RICHARD SETH HUDSON, who has been on inactive status, has never been suspended or disbarred, and has demonstrated that he has the moral qualifications, competency and learning in law required for admission to practice in the Commonwealth, shall be and is, hereby reinstated to active status as a member of the Bar of this Commonwealth. The expenses incurred by the Board in the investigation and processing of the Petition for Reinstatement shall be paid by the Petitioner.
EXHIBIT 23.1


                    CONSENT OF INDEPENDENT ACCOUNTANTS
                    

We hereby consent to the incorporation by reference in the Prospectuses
constituting part of the Registration Statements on Form S-3 and in the
Registration Statement on Form S-8 listed below of The Diana Corporation of
our report dated September 22, 1997 on the financial statements of The Diana
Corporation included in this Annual Report on Form 10-K.

     1.  Registration Statement on Form S-3
         (Registration No. 33-88392)

     2.  Registration Statement on Form S-8
         (Registration No. 33-67188)

     3.  Registration Statement on Form S-3
         (Registration No. 333-1055)



PRICE WATERHOUSE LLP
Milwaukee, Wisconsin
September 22, 1997
REGULATORY EVALUATION

Directorate Identifier: 20IO-NM-230-AD

Executive Order 12866: Could the AD be considered a "significant regulatory action"? YES () explain NO (X) DOT Regulatory Policies and Procedures: Isthe AD significant? YES () explain NO (X) Regulatory Flexibility Act: Will the AD have asignificant economic impact on asubstantial number of small entities? YES () explain NO (X) Intrastate Aviation in Alaska: This AD could affect intrastate aviation inAlaska. Is it appropriate to include specific requirements for aircraft operated inAlaska, where aviation might be the only mode of transportation? YES () explain NO (X)
#### The People of the State of New York ex rel. Patrick George, Appellant, v Warden, Brooklyn House of Detention for Men, Respondent.

Submitted April 8, 1996;

decided May 7, 1996

On the Court’s own motion, appeal dismissed, without costs, upon the ground that it does not lie *(see,*NY Const, art VI, § 3; CPLR 5601). Motion for leave to appeal dismissed upon the ground that the Court does not have jurisdiction to entertain the motion *(see,*NY Const, art VI, § 3; CPLR 5602). Motion for poor person relief dismissed as academic.
Exhibit 99-b

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

I, Richard R. Roscitt, the Chief Executive Officer of ADC Telecommunications, Inc., hereby certify that:

1.    The
Annual Report on Form 10-K of ADC Telecommunications, Inc. for the year ended October 31, 2002, as filed with the Securities and
Exchange Commission on the date hereof, fully complies with the requirements of sections 13(a) and 15(d) of the Securities Exchange Act of 1934; and

2.    The
information contained in the above-mentioned report fairly presents, in all material respects, the financial condition and results of operations of ADC
Telecommunications, Inc.

| |  | /s/ Richard R. RoscittRichard R. Roscitt
January 10, 2003
| |  | ---------------------------------------------------------

I,
Robert E. Switz, the Chief Financial Officer of ADC Telecommunications, Inc., hereby certify that:

1.    The
Annual Report on Form 10-K of ADC Telecommunications, Inc., for the period ended October 31, 2002, as filed with the Securities and
Exchange Commission on the date hereof, fully complies with the requirements of sections 13(a) and 15(d) of the Securities Exchange Act of 1934; and

2.    The
information contained in the above-mentioned report fairly presents, in all material respects, the financial condition and results of operations of ADC
Telecommunications, Inc.

| |  | /s/ Robert E. SwitzRobert E. Switz
January 10, 2003
| |  | ---------------------------------------------------

---

QuickLinks
USGS HomeContact USGSSearch USGS

U.S. Geological Survey Open-File Report 2010-1178

Geophysical Data from offshore of the Gulf Islands National Seashore, Cat Island to Western Horn Island, Mississippi

----

## Introduction

AccessibilityFOIAPrivacyPolicies and Notices

U.S. Department of the Interior |		U.S. Geological Survey
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE FISCAL YEAR ENDED DECEMBER 31, 1995, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                         200,171
<SECURITIES>                                         0
<RECEIVABLES>                               17,427,688
<ALLOWANCES>                                   328,000
<INVENTORY>                                  4,937,987
<CURRENT-ASSETS>                            26,381,897
<PP&E>                                      96,894,481
<DEPRECIATION>                              56,153,951
<TOTAL-ASSETS>                              73,121,875
<CURRENT-LIABILITIES>                       13,190,468
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    14,183,493
<OTHER-SE>                                   1,512,106
<TOTAL-LIABILITY-AND-EQUITY>                73,121,875
<SALES>                                    122,003,921
<TOTAL-REVENUES>                           122,003,921
<CGS>                                       96,535,192
<TOTAL-COSTS>                               96,535,192
<OTHER-EXPENSES>                            14,946,085
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,703,041
<INCOME-PRETAX>                              9,469,775
<INCOME-TAX>                                 3,835,259
<INCOME-CONTINUING>                          5,634,516
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,634,516
<EPS-PRIMARY>                                     1.18
<EPS-DILUTED>                                     1.18
        

</TABLE>
#### § 780.114 Wild commodities.

Employees engaged in the gathering or harvesting of wild commodities such as mosses, wild rice, burls and laurel plants, the trapping of wild animals, or the appropriation of minerals and other uncultivated products from the soil are not employed in “the production, cultivation, growing, and harvesting of agricultural or horticultural commodities.” However, the fact that plants or other commodities actually cultivated by men are of a species which ordinarily grows wild without being cultivated does not preclude them from being classed as “agricultural or horticultural commodities.” Transplanted branches which were cut from plants growing wild in the field or forest are included within the term. Cultivated blueberries are also included.
EXHIBIT 99
          STATEMENT UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
The  undersigned  officers of MacDermid, Incorporated ("the Corporation") hereby
certify  that, as of the date of this statement, the Corporation's annual report
on Form 10K for the period ended December 31, 2002 ("the Report") fully complies
with  the  requirements  of section 13(a) of the Securities Exchange Act of 1934
and  that  information  contained in the Report fairly presents, in all material
respects,  the  financial  condition and results of operations as of and for the
periods  presented  in  the  Report.
The  purpose  of  this  statement is solely to comply with Title 18, Chapter 63,
Section  1350  of  the  United  States  Code,  as  amended by Section 906 of the
Sarbanes-Oxley  Act  of 2002.  This statement is not "filed" for the purposes of
Section  18  of  the Securities Exchange Act of 1934 or otherwise subject to the
liabilities  of  that  Act  or  any  other  federal  or state law or regulation.
Date:  March  27,  2003
/s/  Daniel  H.  Leever
Daniel  H.  Leever
Chairman,  President  and  Chief  Executive  Officer
Date:  March  27,  2003
/s/  Gregory  M.  Bolingbroke
Gregory  M.  Bolingbroke
Senior  Vice  President,  Treasurer  and  Corporate  Controller