alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 784.135 “Packing.”

The packing of the various named marine products at sea as an incident to, or in conjunction with, the fishing operations of the vessel is an exempt operation. The term “packing” refers to the placing of the named product in containers, such as boxes, crates, bags, and barrels. Activities such as washing, grading, sizing, and placing layers of crushed ice in the containers are deemed a part of packing when performed as an integral part of the packing operation. The packing operation may be a simple or complete and complex operation depending upon the nature of the marine product, the length of time out and the facilities aboard the vessel. Where the fishing trip is of short duration, the packing operation may amount to no more than the simple operation, of packing the product in chipped or crushed ice in wooden boxes, as in the case of shrimp, or placing the product in wooden boxes and covering with seaweed as in the case of lobsters. Where the trips are of long duration, as for several weeks or more, packing the operations on fishing vessels with the proper equipment sometimes are integrated with first processing operations so that together these operations amount to readying the product in a marketable form. For example, in the case of shrimp, the combined operations may consist of the following series of operations—washing, grading, sizing, placing 5-pound boxes already labeled for direct marketing, placing in trays with other boxes, loading into a quick freezer locker, removing after freezing, emptying the box, glazing the contents with a spray of fresh water, replacing the box, putting them in 50-pound master cartons and finally stowing in refrigerated locker.
#### Fidelity & Deposit Company of Maryland, Respondent, v Rudra Altman et al., Appellants.

Submitted June 17, 1996;

decided October 10, 1996

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution *(see, Burke v Crosson,*85 NY2d 10, 18, n 5).
Exhibit 32.2
   Section 906 Certification
 __________________
 
 The following statement is provided by the undersigned to accompany the Form 10-Q of the MLM Index TM Fund pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350).
 
 The undersigned certifies that the foregoing Report on Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the MLM Index TM Fund.
 
 
 August 9, 2010
 
 By: /s/ James A. MehlingVice President, Chief Operating Officer and Chief Financial OfficerMount Lucas Management Corporation,the manager of the MLM Index TM Fund
Exhibit 31.1

                                 CERTIFICATIONS


I, Daniel J. Hogarty, Jr., certify that:


         1. I have reviewed this Quarterly Report on Form 10-Q/A of Troy
Financial Corporation;

         2. Based on my knowledge, this quarterly 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 periods covered by this
report;

         3. Based on my knowledge, the financial statements, and other financial
information included in this 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 quarterly report;

         4. The registrant's other certifying officers 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) 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

         c) 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 (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

         5. The registrant's other certifying officers 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 function):

         a) All significant deficiencies and material weaknesses in the design
or operations of internal control 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 21, 2003


By:  /s/ Daniel J. Hogarty, Jr.
     --------------------------
      Daniel J. Hogarty, Jr.
      Chairman, President and Chief Executive Officer


                                       26
#### The People of the State of New York ex rel. Samuel L. Geiselman, Appellant, against William Hunt, as Warden of Attica Prison, Respondent.

Argued October 4, 1937;

decided October 19, 1937.

*A. Stanley Copeland*for appellant.

*John J. Bennett, Jr., Attorney-General (James P. Cotter*of counsel), for respondent.

Order affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rifpey, JJ.
**Exhibit 32.2**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connectionwith the Quarterly Report of The Boyds Collection, Ltd. (the “Company”) on Form10-Q for the period ended March 31, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Joseph E. Macharsky,Chief Financial Officer of the Company, certify pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

 

1)             The Report fully complies with therequirements of section 13 (a) or 15 (d) of the Securities Exchange Act of1934; and

 

2)             The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

*A signed original of this written statementrequired by Section 906, or other document authenticating, acknowledging, orotherwise adopting the signature that appears in typed form within theelectronic version of this written statement required by Section 906, has beenprovided to The Boyds Collection, Ltd. and will be retained by The BoydsCollection, Ltd. and furnished to the Securities and Exchange Commission or itsstaff upon request.*

 

 
| /s/ Joseph  E. Macharsky |   |
|--------------------------|--------|
| Joseph E. Macharsky      |   |
| Chief Financial Officer  |   |
| May 14, 2004             |   |
|                          |        |  |

 

1

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

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Lone Star
Industries' consolidated statements of operations and consolidated balace sheets
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           1,447
<SECURITIES>                                    69,768
<RECEIVABLES>                                   38,435
<ALLOWANCES>                                     5,099
<INVENTORY>                                     53,869
<CURRENT-ASSETS>                               165,214
<PP&E>                                         383,974
<DEPRECIATION>                                  60,992
<TOTAL-ASSETS>                                 562,151
<CURRENT-LIABILITIES>                           88,236
<BONDS>                                         50,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,087
<OTHER-SE>                                     252,195
<TOTAL-LIABILITY-AND-EQUITY>                   562,151
<SALES>                                        367,673
<TOTAL-REVENUES>                               378,058
<CGS>                                          237,114
<TOTAL-COSTS>                                  289,682
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,606
<INCOME-PRETAX>                                 81,770
<INCOME-TAX>                                    27,610
<INCOME-CONTINUING>                             54,160
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    54,160
<EPS-PRIMARY>                                     4.80
<EPS-DILUTED>                                     4.09
        

</TABLE>
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  ADA HomeADA HistoryPart One: Origins of the ADAPart Two: Crafting the LawPart Three: The ADA Becomes LawAchieving the PromiseTools and TechHealth CareLearn, Work and PlayReal People
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          Nell Koneczny Nell Koneczny
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#### § 784.9 “Person.”

As used in the Act (including the definition of “enterprise” set forth below in § 784.10), “person” is defined as meaning “an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons” (Act, section 3(a)).
<PAGE>

                                                                    Exhibit 99.2
                                                                    ------------

                                 Razorfish, Inc.

                                  CERTIFICATION

In connection with the periodic report of Razorfish, Inc. (the "Company") on
Form 10Q for the interim period ended June 30,2002 as filed with the Securities
and Exchange Commission (the "Report"), I, Jean-Philippe Maheu, Chief Executive
Officer of the Company, hereby certify as of the date hereof, solely for
purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that
to the best of my knowledge:

              (1) the Report fully complies with the requirements of Section
              13(a) or 15(d), as applicable, 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 at the dates and for the periods
              indicated.

This Certification has not been, and shall not be deemed, "filed" with the
Securities and Exchange Commission.

Date: August 14, 2002               By: /s/ John J. Roberts
      ---------------                   -------------------------------------
                                        John J. Roberts
                                        Chief Executive Officer
§ 553.31 Substitution—section 7(p)(3). ( a ) Section 7(p)(3) of the FLSA provides that two individuals employed in any occupation by the same public agency may agree, solely at their option and with the approval of the public agency, to substitute for one another during scheduled work hours in performance of work in the same capacity. The hours worked shall be excluded by the employer in the calculation of the hours for which the substituting employee would otherwise be entitled to overtime compensation under the Act. Where one employee substitutes for another, each employee will be credited as if he or she had worked his or her normal work schedule for that shift.
( b ) The provisions of section 7(p)(3) apply only if employees' decisions to substitute for one another are made freely and without coercion, direct or implied. An employer may suggest that an employee substitute or “trade time” with another employee working in the same capacity during regularly scheduled hours, but each employee must be free to refuse to perform such work without sanction and without being required to explain or justify the decision. An employee's decision to substitute will be considered to have been made at his/her sole option when it has been made (i) without fear of reprisal or promise of reward by the employer, and (ii) exclusively for the employee's own convenience.
( c ) A public agency which employs individuals who substitute or “trade time” under this subsection is not required to keep a record of the hours of the substitute work.
( d ) In order to qualify under section 7(p)(3), an agreement between individuals employed by a public agency to substitute for one another at their own option must be approved by the agency. This requires that the agency be aware of the arrangement prior to the work being done, i.e., the employer must know what work is being done, by whom it is being done, and where and when it is being done. Approval is manifest when the employer is aware of the substitution and indicates approval in whatever manner is customary.
New York State Department of Environmental Conservation 

Assistant Commissioner 

Office of Air Resources, Climate Change & Energy, 14th Floor 

625 Broadway, Albany, New York 12233-1010 

Phone: (518) 402-8537 • Fax: (518) 402-8541 

Website: www.dec.ny.gov 

Ms. Judith A. Enck 

Regional Administrator 

U.S. EPA, Region 2 

290 Broadway, 26th Floor 

New York, NY 10007-1866 

Infrastructure Assessment Pursuant to Clean Air Act Sections llO(a)(ll and (2) 

for the 2008 Lead NAAQS 

Dear Regional Administrator Enck: 

Joe Martens 

Commissioner 

On behalf of the Governor of the State ofNew York, I am submitting for approval by 

the United States Environmental Protection Agency (EPA) the infrastructure assessment for the 

National Ambient Air Quality Standard (NAAQS) for lead. On October 15, 2008, EPA 

substantially strengthened the primary and secondary lead NAAQS. As required by the Clean 

Air Act (CAA), the New York State Department ofEnvironmental Conservation (Department) is 

submitting this infrastructure assessment as a State Implementation Plan (SIP) revision to 

demonstrate that New York's air program addresses basic SIP requirements related to the 

attainment of the revised NAAQS. 

This infrastructure demonstration ensures that New York State has the legal and 

administrative authority and resources to meet the requirements ofthe CAA. Section 110(a)(1) 

contains the general requirements for submitting a SIP after promulgation of a new or revised 

NAAQS, while section 110(a)(2) contains the specific elements to be addressed in these plans. 

A public notice and comment period will soon be issued to allow for public input on this 

SIP revision. The Department is requesting parallel processing of this non-controversial SIP 

revision. 

Should you have any questions regarding this submission, please do not hesitate to 

contact Mr. Scott Griffin at (518) 402-8396 with any questions you may have. 

Enclosure 

/f'~//L-- Z~fsnyder Assistant Commissioner 

Office of Air Resources, Climate Change 

and Energy 

• ----~-
<PAGE>

                                  EXHIBIT 21

                          SUBSIDIARIES OF REGISTRANT


                                JURISDICTION OF

   Name                                                   Incorporation
   ----                                                   --------------

   Cybex Financial Corporation                            New York

   Eagle Performance Systems, Inc.                        Minnesota

   Cybex Fitness Gerate Vertriebs, GmbH                   Germany

   Cybex International UK Ltd.                            United Kingdom

   General Medical Equipment, Ltd.                        Barbados

   Lumex Bed Systems, Inc.                                Pennsylvania

   Tectrix Fitness Equipment, Inc.                        California

   Tectrix Fitness Equipment Limited                      United Kingdom

   Tectrix Fitness Equipment Vertriebs GmbH               Germany
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-Q for the period ending September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Quarterly Report"), we, Christopher J. Spencer, President, CEO and Treasurer and John Busshaus, 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.   Date:11/15/10By:/s/ Christopher J. SpencerChristopher J. SpencerChief Executive Officer and President   Date:11/15/10By:/s/ John BusshausJohn BusshausChief Financial Officer
III 

110TH CONGRESS 

1ST SESSION S. RES. 212 

To express the sense of the Senate relating to legislation to curb global 

warming. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2007 

Mr. COLEMAN (for himself and Mr. LIEBERMAN) submitted the following resolution; which was referred to the Committee on Environment and Public 

Works 

RESOLUTION 

To express the sense of the Senate relating to legislation 

to curb global warming. 

1 Resolved, That it is the sense of the Senate that any 

2 comprehensive, mandatory greenhouse gas emissions re3 duction program enacted by Congress should include— 

4 (1) periodic determinations of the extent to 

5 which other countries that are major contributors of 

6 atmospheric greenhouse gas concentrations have es7 tablished for those countries emissions reduction 

8 programs that are comparable in effectiveness to the 

9 program established by the United States; 

mstockstill on PROD1PC66 with BILLS

2 

•SRES 212 IS 

1 (2) in the event of an authoritative determina2 tion that the emissions reduction programs estab3 lished by other countries that are major contributors 

4 of atmospheric greenhouse gas concentrations are 

5 substantially less effective than the program estab6 lished by the United States, consequences in the 

7 form of— 

8 (A) a review of provisions of the emissions 

9 reduction program established by the United 

10 States; or 

11 (B) 1 or more changes to other policies of 

12 the United States; 

13 (3) periodic determinations relating to whether 

14 the emissions reduction program established by the 

15 United States is increasing the rate of poverty or 

16 unemployment in the United States; 

17 (4) in the event of an authoritative determina18 tion that the emissions reduction program estab19 lished by the United States is increasing the rate of 

20 poverty or unemployment in the United States, a 

21 process of review of provisions of the emissions re22 duction program established by the United States; 

23 and 

24 (5) in addition to the imposition of limits relat25 ing to the emission of greenhouse gases, effective inmstockstill on PROD1PC66 with BILLS

3 

•SRES 212 IS 

1 centives for private entities that sell electricity to in2 crease the percentage of sales by the entities of elec3 tricity that is generated by clean energy sources. 

Æ 

mstockstill on PROD1PC66 with BILLS