alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: State of Texas v. Philip Mbianda Aweh

A ppellate case number: 01

- 1 8

- 0 1111

- C R

Trial court case number: 1 4

- D C R

- 0 6 77 9 3

Trial court: 434th District Court of Fort Bend County

Appellant, The State of Texas , has filed a notice of appeal of the trial court’s order granting a mistrial in the underlying proceeding

. On February 12, 2019, w e abated the appeal and remand ed the case to the trial court to allow Brian M. Middleton, District Attorney for the 268th District Court of Fort Bend County

, to move for permission to disqualify himself and his Assistant District Attorneys from the case an d request the appointment of a d istrict a ttorney p ro t em. See T EX

. C ODE C RIM

. P ROC

. A NN

. art. 2.07. The trial court clerk has filed a supplemental clerk’s record that includes the trial court’s order granting the motion of disqualification of the District Attorney’s Office for the 268th District Court and appointing Mike Elliott as “ District Attor ney Pro Te m to

r epresent the State of Texas ” in proceedings against appellant

. Accordingly, we

reinstate the appeal on the Court’s active docket.

We direct the Clerk of this Court to note Mike Elliott ’s appearance as District Attorney Pro Tem in this app eal on the docket of this Court.

The clerk’s record was filed January 9, 2019 . The reporter’s record

, received on March 4, 2019 , is now filed in this appeal . Appellant’s brief is due to be filed within 30 days of the date of this order. See T EX

. R. A PP

. P. 38.6(a).

It is so ORDERED.

Judge’s signature: /s/ Julie Countiss

 Acting individually  Acting for the Court

Date: ___ March 12, 2019

__
[669 NE2d 813, 646 NYS2d 655]

#### Village of Savona, Appellant, v Knight Settlement Sand & Gravel, Inc., Respondent.

Decided June 11, 1996

*898APPEARANCES OF COUNSEL

*Brian C. Flynn,*Hammondsport, for appellant.

*Robert H. Plaskov,*Bath, for respondent.

*899OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that Court for consideration of issues raised but not considered on the appeal to that Court.

As this Court recently held in *Matter of Gernatt Asphalt Prods. v Town of Sardinia*(87 NY2d 668), the Mined Land Reclamation Law does not preempt a municipality’s authority, by means of its zoning powers, to regulate or prohibit the use of land within its municipal boundaries for mining operations. Thus, the Appellate Division improperly dismissed the complaint on that ground.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.
RYDER SCOTT COMPANY











Exhibit 23.2





CONSENT OF INDEPENDENT PETROLEUM ENGINEER







For filings made with the SEC under the 1933 Securities Act, we have provided our written consent for the references to our name as well as to the references to our third party report in the registration statements on Forms S-3 and S-8 by McMoRan Exploration Co. (McMoRan).  Our consent for such use is included as a separate exhibit to the filings made with the SEC by McMoRan.






McMoRan makes periodic filings on Form 10-K with the SEC under the 1934 Exchange Act.  Furthermore, McMoRan has certain registration statements filed with the SEC under the 1933 Securities Act into which any subsequently filed Form 10-K is incorporated by reference.  We have consented to the incorporation by reference in the registration statements on Forms S-3 and S-8 of McMoRan of the references to our name as well as to the references to our third party report for McMoRan, which appears in the December 31, 2010 annual report on Form 10-K of McMoRan.  Our written consent for such use is included as a separate exhibit to the filings made with the SEC by McMoRan.










\s\ Ryder Scott Company, L.P.





RYDER SCOTT COMPANY, L.P


TBPE Firm Registration No. F-1580





Houston, Texas


February 28, 2011


1015  4TH  STREET, S.W. SUITE 600CALGARY, ALBERTA T2R 1J4TEL (403) 262-2799FAX (403) 262-2790
 621  17TH STREET, SUITE 1550DENVER, COLORADO 80293-1501TEL (303) 623-9147FAX (303) 623-4258
**EXHIBIT 99.1**

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

The undersigned hereby certifies, in his capacity asChief Executive Officer of Modtech Holdings, Inc. (the “Company”), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on his knowledge:

| • | the Quarterly Report of the Company on Form 10-Q for the period ended September 30, 2002 (the “Report”) fully complies with the requirements of Section13(a) or Section 15(d) of the Securities Exchange Act of 1934; and |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                |

Dated: November 14, 2002

| /s/ EVAN M. GRUBER |  
 
**Evan M. Gruber Chief Executive Officer**

 
 

 

This certification accompanies this 10-Q Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended. |
|--------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<PAGE>   1
Exhibit (23)





We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 33-52543, Form S-8 No. 33-52545, Form S-8 No. 33-54229, Form S-8
No. 33-56857, Form S-8 No. 33-56861, Form S-8 No. 33-61399, Form S-8 No.
33-20431 and Form S-8 No. 333-25865) pertaining to the Non-Employee Director
Stock Option Plan, Management Incentive Program, LTV Steel Group Employee Stock
Ownership Plan, Non-Employee Directors' Equity Compensation Plan, The Hourly
Employee Stock Payment Alternative Plan, Non-Qualified Stock Option Plan for
Certain Key Executives of Continental Emsco Company, Salaried Employee Stock
Option Plan and The LTV Corporation Amended and Restated Management Incentive
Program, respectively, of The LTV Corporation of our report dated January 29,
1998, with respect to the consolidated financial statements of The LTV
Corporation incorporated by reference in the Annual Report (Form 10-K) for the
year ended December 31, 1997.





Cleveland, Ohio                                        /S/ ERNST & YOUNG LLP
February 18, 1998
**Exhibit 12.2**

**Madison Gas and Electric Company**

**Ratio of Earnings to Fixed Charges
**Twelve Months Ended December 31, 2002*(In thousands)***
**Earnings** Income before interest expense, net of ATC        equity earnings $38,642Add:  Income tax items 17,573 Income tax on other income 889 Income distribution from equity investee        2,714 AFUDC - borrowed funds 213 Interest on rentals* 934 Amortization of debt discount 432 Total earnings before interest and taxes        $61,397**Fixed Charges** Interest on long-term debt $12,032Amortization of debt discount 432Other interest 508Interest on rentals* 934 Total fixed charges $13,906**Ratio of Earnings to Fixed Charges**4.42x
**Represents one-third of the total rental  expense.***
<PAGE>   1
                                                                   Exhibit 10.26

                               FIRST AMENDMENT TO
                   EMPYREAN BIOSCIENCE, INC. LICENSE AGREEMENT
                         WITH THE COLEMAN COMPANY, INC.

         THIS FIRST AMENDMENT (hereinafter "Amendment"), is effective as of 20th
day of April, 2001, by and between THE COLEMAN COMPANY, INC. a Delaware
corporation with its principal offices at 3600 N. Hydraulic, Wichita, KS 67219
(hereinafter referred to as "COLEMAN") and EMPYREAN BIOSCIENCE, INC., Wyoming
corporation, (hereinafter referred to as "Licensee").

WHEREAS, COLEMAN and Licensee entered into a certain License Agreement dated as
of October 1, 1999, (hereinafter "License"); and

WHEREAS, COLEMAN and Licensee desire to modify and amend some of the terms of
the License.

NOW, THEREFORE, COLEMAN and Licensee, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, agree as set forth in
this Amendment:

1.       RATIFICATION: COLEMAN and Licensee agree that, unless expressly
         modified in this Amendment, all of the terms and conditions of the
         License remain in full force and effect. This Amendment modifies and
         amends the terms and provisions of the License, and in the event that
         any terms and provisions of this Amendment conflict with the terms and
         provisions of the License, the terms and provisions of this Amendment
         shall amend, supersede, and control.

2.       "MINIMUM ROYALTY: Section 3.3, of the License shall be amended and
         restated as follows:
         "Licensee shall pay COLEMAN annual Minimum Royalties as follows:
         1999/2000 Contract Year-----$25,000
         2001 Contract Year---------$110,000
         2002 Contract Year---------$220,000

         Licensee shall pay COLEMAN either the actual Royalty due for any
Contract Quarter or one twelfth, except for the first year where it will be one
fifteenth of the Minimum Royalty for the respective Contract Year, whichever is
higher, within fifteen (15) days after the end of each Contract Quarter. If
Licensee fails to meet the Minimum Royalties in any Contract Year, COLEMAN shall
have the option to terminate this Agreement without any right in Licensee to
cure."

         Except as modified herein, all provisions of Section 3 shall remain in
full force and effect.


<PAGE>   2

         This Amendment may be executed in one or more counterparts, each of
which shall be deemed an original but all of which taken together shall
constitute one and the same agreement.

IN WITNESS WHEREOF, the undersigned have duly executed this Amendment on the day
and year first written.

THE COLEMAN COMPANY, INC.           EMPYREAN BIOSCIENCE, INC.

By: /s/ Steve Berreth               By:  /s/ Bennett S. Rubin
-----------------------------       ---------------------------------
Name:  Steve Berreth                Name:  Bennett S. Rubin
-----------------------------       ---------------------------------
Title:   President                  Title:  EVP & COO
-----------------------------       ---------------------------------
[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Page 50748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20800]



[[Page 50748]]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4009-DR; Docket ID FEMA-2011-0001]


Minnesota; Amendment No. 1 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Minnesota (FEMA-4009-DR), dated July 28, 2011, and 
related determinations.

DATES: Effective Date: August 10, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Minnesota is hereby amended to include the following 
area among those areas determined to have been adversely affected by 
the event declared a major disaster by the President in his declaration 
of July 28, 2011.

    Kanabec County for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households In 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-20800 Filed 8-15-11; 8:45 am]
BILLING CODE 9111-23-P
**Exhibit 32.1**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. SEC. 1350

(Section 906of the Sarbanes – Oxley Act of 2002)

 

----

 

In connection withthe filing by Senior Housing Properties Trust (the “Company”) of the QuarterlyReport on Form 10-Q for the period ended September 30, 2009 (the “Report”),each of the undersigned hereby certifies, to the best of his knowledge:

 

1.               The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/ Barry M. Portnoy                          |   | /s/ David J. Hegarty                   |
|-----------------------------------------------|--------|----------------------------------------|
| Barry M. Portnoy                              |   | David J. Hegarty                       |
| Managing Trustee                              |   | President and Chief  Operating Officer |
|                                          |   |                                   |
|                                          |   |                                   |
| /s/ Adam D. Portnoy                           |   | /s/ Richard A. Doyle                   |
| Adam D. Portnoy                               |   | Richard A. Doyle                       |
| Managing Trustee                              |   | Treasurer and Chief  Financial Officer |
|                                          |   |                                   |
|                                          |   |                                   |
| Date:   November 4,  2009 |   |                                   |

 

----
III 

110TH CONGRESS 

1ST SESSION S. RES. 407 

Relative to the death of Representative Julia Carson, of Indiana. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2007 

Mr. REID submitted the following resolution; which was considered and agreed 

to 

RESOLUTION 

Relative to the death of Representative Julia Carson, of 

Indiana. 

1 Resolved, That the Senate has heard with profound 

2 sorrow and deep regret the announcement of the death 

3 of the Honorable Julia Carson, late a Representative from 

4 the State of Indiana. 

5 Resolved, That the Secretary communicate these reso6 lutions to the House of Representatives and transmit an 

7 enrolled copy thereof to the family of the deceased. 

8 Resolved, That when the Senate adjourns or recesses 

9 today, it stand adjourned or recessed as a further mark 

10 of respect to the memory of the deceased Representative. 

Æ 


bajohnson on PROD1PC69 with BILLS
#### § 501.10 Severability.

#### § 501.10 Severability.

If any provision of this part is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, or stayed pending further agency action, the provision will be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is one of total invalidity or unenforceability, in which event the provision will be severable from this part and will not affect the remainder thereof.

[89 FR 34068, Apr. 29, 2024]
#### In the Matter of Joseph M. M., Jr., Respondent, v Mary Ellen C. M., Appellant.

Submitted July 8, 1996;

decided September 19, 1996

On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied.
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### Availability of Additional Water for Chiricahua National Monument, Cochise County, Arizona

By: Phillip W. Johnson

                            https://doi.org/10.3133/wsp1475H

#### Links

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- Plate:  **Plate 1**                            (pdf)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
§ 801.42 Civil money penalties—assessment. ( a ) A civil money penalty in an amount not to exceed $25,597 for any violation may be assessed against any employer for: ( 1 ) Requiring, requesting, suggesting or causing an employee or prospective employee to take a lie detector test or using, accepting, referring to or inquiring about the results of any lie detector test of any employee or prospective employee, other than as provided in the Act or this part;
( 2 ) Taking an adverse action or discriminating in any manner against any employee or prospective employee on the basis of the employee's or prospective employee's refusal to take a lie detector test, other than as provided in the Act or this part;
( 3 ) Discriminating or retaliating against an employee or prospective employee for the exercise of any rights under the Act;
( 4 ) Disclosing information obtained during a polygraph test, except as authorized by the Act or this part;
( 5 ) Failing to maintain the records required by the Act or this part;
( 6 ) Resisting, opposing, impeding, intimidating, or interfering with an official of the Department of Labor during the performance of an investigation, inspection, or other law enforcement function under the Act or this part; or
( 7 ) Violating any other provision of the Act or this part.
( b ) In determining the amount of penalty to be assessed for any violation of the Act or this part, the Administrator will consider the previous record of the employer in terms of compliance with the Act and regulations, the gravity of the violations, and other pertinent factors. The matters which may be considered include, but are not limited to, the following: ( 1 ) Previous history of investigation(s) or violation(s) of the Act or this part;
( 2 ) The number of employees or prospective employees affected by the violation or violations;
( 3 ) The seriousness of the violation or violations;
( 4 ) Efforts made in good faith to comply with the provisions of the Act and this part;
( 5 ) If the violations resulted from the actions or inactions of an examiner, the steps taken by the employer to ensure the examiner complied with the Act and the regulations in this part, and the extent to which the employer could reasonably have foreseen the examiner's actions or inactions;
( 6 ) The explanation of the employer, including whether the violations were the result of a bona fide dispute of doubtful legal certainty;
( 7 ) The extent to which the employee(s) or prospective employee(s) suffered loss or damage;
( 8 ) Commitment to future compliance, taking into account the public interest and whether the employer has previously violated the provisions of the Act or this part.
[56 FR 9064, Mar. 4, 1991; 56 FR 14469, Apr. 10, 1991, as amended at 81 FR 43452, July 1, 2016; 82 FR 5382, Jan. 18, 2017; 83 FR 13, Jan. 2, 2018; 84 FR 219, Jan. 23, 2019; 85 FR 2298, Jan. 15, 2020; 86 FR 2969, Jan. 14, 2021; 87 FR 2335, Jan. 14, 2022; 88 FR 2217, Jan. 13, 2023; 89 FR 1817, Jan. 11, 2024]