alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

NOT FOR FULL-TEXT PUBLICATION

File Name: 07a0707n.06

Filed: October 3, 2007

No. 06-3779

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

ELAINE L. CHAO, Secretary of Labor,

United States Department of Labor, 

Plaintiff-Appellee,

v. 

FI R ST NATIONAL LENDING

CORPORATION, et al.

Defendants-Appellants.

)

)

)

)

)

)

)

)

)

)

)

)

ON APPEAL FROM THE UNITED

STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF OHIO

Before: NORRIS, GIBBONS, and ROGERS, Circuit Judges.

PER CURIAM. Defendants-appellants First National Lending Corporation and Lisa M.

Scherzer (collectively, “FNL”) appeal the district court’s judgment in favor of plaintiff-appellee

Elaine L. Chao, Secretary of Labor, United States Department of Labor. FNL contends that the

district court erred in concluding that (1) FNL’s loan officers were “employees” under the Fair Labor

Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq. (“FLSA”), (2) FNL’s loan officers

were not exempt from the minimum wage provisions of the FLSA as “outside salesmen,” and (3)

FNL failed to meet its burden of proof to refute the Secretary of Labor’s back wage computations.

Having reviewed the parties’ briefs and the applicable law and having had the benefit of oral

argument, we conclude that a panel opinion further addressing the issues raised would serve no
2

jurisprudential purpose. Therefore, on the grounds identified by the district court, we affirm the

district court’s judgment in favor of the Secretary of Labor.
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



The undersigned hereby certifies, in his capacity as Chief 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/A for the quarter ended June 30, 2005, (the Report) fully complies with the requirements of Section 13(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: September 8, 2005



/s/ DAVID M. BUCKLEYDavid M. BuckleyChief Executive Officer
#### § 100.1700 [Reserved]
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.815 Westchester Creek.

The draw of the Bruckner Boulevard/Unionport Bridge, mile 1.7, at the Bronx, New York, shall open on signal if at least a two-hour advance notice is given to the New York City Department of Transportation (NYCDOT) radio hotline, or the NYCDOT Bridge Operations Office. The draw need not be opened for vessel traffic from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday. The owner of the bridge shall provide clearance gauges according to the provisions of § 118.160 of this chapter.

[CGD01-99-070, 65 FR 45718, July 25, 2000]
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.929 Durham Creek.

The removable span of the Seaboard System Railroad bridge, mile 1.7 at Bushy Park, shall be removed to allow the passage of dredges and construction equipment if at least 20 days notice is given. When notified by the City of Charleston of an emergency in the Bushy Park Reservoir, the span shall be removed as soon as possible to permit the passage of dredges and construction equipment.
Editorial Note on Part 101
Editorial Note: Nomenclature changes to part 101 appear by USCG-2008-0179, 73 FR 35009, June 19, 2008.

§ 101.515 TWIC/Personal Identification. ( a ) Persons not described in § 101.514 must present personal identification in order to gain entry to a vessel, facility, and OCS facility regulated by parts 104, 105 or 106 of this subchapter. These individuals must be under escort, as that term is defined in § 101.105 of this part, while inside a secure area. This personal identification must, at a minimum, meet the following requirements: ( 1 ) Be laminated or otherwise secure against tampering;
( 2 ) Contain the individual's full name (full first and last names, middle initial is acceptable);
( 3 ) Contain a photo that accurately depicts that individual's current facial appearance; and
( 4 ) Bear the name of the issuing authority.
( b ) The issuing authority in paragraph (a)(4) of this section must be: ( 1 ) A government authority, or an organization authorized to act on behalf of a government authority; or
( 2 ) The individual's employer, union, or trade association.
( c ) Vessel, facility, and OCS facility owners and operators must permit law enforcement officials, in the performance of their official duties, who present proper identification in accordance with this section and § 101.514 to enter or board that vessel, facility, or OCS facility at any time, without delay or obstruction. Law enforcement officials, upon entering or boarding a vessel, facility, or OCS facility, will, as soon as practicable, explain their mission to the Master, owner, or operator, or their designated agent.
( d ) *Inspection of credential.* ( 1 ) Each person who has been issued or possesses a TWIC must present the TWIC for inspection upon a request from TSA, the Coast Guard, or other authorized DHS representative; an authorized representative of the National Transportation Safety Board; or a Federal, State, or local law enforcement officer.
( 2 ) Each person who has been issued or possesses a TWIC must pass an electronic TWIC inspection, and must submit his or her reference biometric, such as a fingerprint, and any other required information, such as a Personal Identification Number, upon a request from TSA, the Coast Guard, any other authorized DHS representative, or a Federal, State, or local law enforcement officer.
[USCG-2006-24196, 72 FR 3578, Jan. 25, 2007, as amended by USCG-2007-28915, 81 FR 57708, Aug. 23, 2016]
§ 94.215 What must I include in my drug-free awareness program? You must establish an ongoing drug-free awareness program to inform employees about— ( a ) The dangers of drug abuse in the workplace;
( b ) Your policy of maintaining a drug-free workplace;
( c ) Any available drug counseling, rehabilitation, and employee assistance programs; and
( d ) The penalties that you may impose upon them for drug abuse violations occurring in the workplace.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Aeronautics and Space Administration

          - [Notice 00-064] 

# AGENCY:

National Aeronautics and Space Administration. 

# ACTION:

Notice of meeting. 

# SUMMARY:

In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Advisory Council, Space Science Advisory Committee, Sun-Earth Connection Advisory Subcommittee. 

# DATES:

Tuesday, June, 13, 2000, 8:30 a.m. to 5 p.m.; Wednesday, June, 14, 2000, 8:30 a.m. to 5 p.m.; and Thursday, 15, 2000, 8:30 a.m. to noon. 

# ADDRESSES:

National Aeronautics and Space Administration, 300 E Street, SW, Conference Room 7H46, Washington, DC 20546. 

# FOR FURTHER INFORMATION CONTACT:

George L. Withbroe, Code S, National Aeronautics and Space Administration, Washington, DC 20546, (202) 358-2150. 

# SUPPLEMENTARY INFORMATION:

The meeting will be open to the public up to the capacity of the room. The agenda for the meeting is as follows: 

—Wide Field three Camera for Hubble Space Telescope 

—Space Data Archiving 

—Scientists of the future in Sun-Earth Connection 

—Solar Probe Developments

—The Image Mission 

It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants. Visitors will be requested to sign a visitor's register. 

Dated: May 30, 2000.

Matthew M. Crouch, 

Advisory Committee Management Officer, National Aeronautics and Space Administration. 

[FR Doc. 00-14039 Filed 6-5-00; 8:45 am] 

BILLING CODE 7510-01-P
1 Motion GRANTED and Order filed February 15 , 2017
.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 17

- 00104

- CV

____________ IN RE AMY MCPEAK , Relator

O RIGINAL PROCEEDING WRIT OF MANDAMUS 300th District Court Brazoria County, Texas Trial Court Cause No. 88736

- F



### ORDER

On February 8, 2017, relator Amy McPeak, filed a petition for writ of mandamus asking this court to order the Honorable Kenneth Randall Hufstetler, Judge of the 300th District Court, in Brazoria County , Texas, to set aside his “O rder on Respondent’s Opposed Request to Modify and/or for Additional Temporary Orders ” dated January 19, 2017, entere d in trial court number 88736

- F

.2 Rela tor has also filed a motion asking this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus

. See Tex. R. App. P. 52.8(b), 52.10

. It appears from the facts stated in the petition and motion that relator’s req uest for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator’s motion and issue the following order:

We ORDER the provision in the Agreed Temporary Orders signe d on November 22, 2016 , which requires relocation of the child ren and that the children be turned over to the fa ther’s possession , STAYED until a final decision by this court on relator’s petition for writ of mandamus, or until further order of this court.
Additionally , the court requests James McPeak , the real party

- in

- interest, to file a response to the petition for writ of mandamus on or before February 2 8 , 2017

. See Tex. R. App. P. 52.4.
Additionally, w e ORDER relator to comply with Texas Rule of Appellate Procedure 9.9 by redacting the names of the children from the reporter’s record (a ppendix , Exhibit J) and refiling her petition for writ of mandamus and appendix. See Tex. R. App. P. 9.9.

PER CURIAM

Panel consists of Justices Christopher, Busby , and Jewell

.
[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52354-52355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21296]


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

NATIONAL SCIENCE FOUNDATION


Notice of Permit Applications Received Under the Antarctic 
Conservation Act of 1978 (Pub. L. 95-541)

AGENCY: National Science Foundation.

ACTION: Notice of Permit Applications Received under the Antarctic 
Conservation Act of 1978, Public Law 95-541.

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

SUMMARY: The National Science Foundation (NSF) is required to publish 
notice of permit applications received to conduct activities regulated 
under the Antarctic Conservation Act of 1978. NSF has published 
regulations under the Antarctic Conservation Act at Title 45 part 670 
of the Code of Federal Regulations. This is the required notice of 
permit applications received.

DATES: Interested parties are invited to submit written data, comments, 
or views with respect to this permit application by September 21, 2011. 
This application may be inspected by interested parties at the Permit 
Office, address below.

ADDRESSES: Comments should be addressed to Permit Office, Room 755, 
Office of Polar Programs, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, Virginia 22230.

FOR FURTHER INFORMATION CONTACT: Polly A. Penhale at the above address 
or (703) 292-7420.

SUPPLEMENTARY INFORMATION: The National Science Foundation, as

[[Page 52355]]

directed by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as 
amended by the Antarctic Science, Tourism and Conservation Act of 1996, 
has developed regulations for the establishment of a permit system for 
various activities in Antarctica and designation of certain animals and 
certain geographic areas a requiring special protection. The 
regulations establish such a permit system to designate Antarctic 
Specially Protected Areas.
    The applications received are as follows:

Permit Application: 2012-006

    1. Applicant: Jeff Bowman, University of Washington, Box 357940, 
Seattle, WA 98105-7940.

Activity for Which Permit Is Requested

    Enter an Antarctic Specially Protected Area. The applicant plans to 
enter the Antarctic Specially Protect Area at Cape Royds, Ross Island 
(ASPA 121) to collect sea ice and seawater for microbial analysis.

Location

    ASPA 121--Cape Royds, Ross island.

Dates

    August 27, 2011 to November 2, 2011.

Nadene G. Kennedy,
Permit Officer, Office of Polar Programs.
[FR Doc. 2011-21296 Filed 8-19-11; 8:45 am]
BILLING CODE 7555-01-P
§ 106.110 Compliance dates. ( a ) OCS facility owners or operators must submit to the cognizant District Commander for each OCS facility— ( 1 ) The Facility Security Plan described in subpart D of this part for review and approval; or
( 2 ) If intending to operate under an approved Alternative Security Program, a letter signed by the OCS facility owner or operator stating which approved Alternative Security Program the owner or operator intends to use.
( b ) OCS facilities built on or after July 1, 2004 must submit a Facility Security Plan for approval 60 days prior to beginning operations.
[USCG-2007-28915, 81 FR 57713, Aug. 23, 2016]
#### § 783.33 Employment “as a seaman” depends on the work actually performed.

Whether an employee is “employed as a seaman”, within the meaning of the Act, depends upon the character of the work he actually performs and not on what it is called or the place where it is performed (*Walling* v. *Haden,* 153 F. 2d 196; *Cuascut* v. *Standard Dredging Corp.,* 94 F. Supp. 197). Merely because one works aboard a vessel (*Helena Glendale Ferry Co.* v. *Walling,* 132 F. 2d 616; *Walling* v. *Bay State Dredging & Contracting Co.,* 149 F. 2d 346), or may be articled as a seaman (see *Walling* v. *Haden,* supra), or performs some maritime duties (*Walling* v. *Bay State Dredging & Contracting Co.,* 149 F. 2d 346; *Anderson* v. *Manhattan Lighterage Corp.,* 148 F. 2d 971) one is not employed as a seaman within the meaning of the Act unless one's services are rendered primarily as an aid in the operation of the vessel as a means of transportation, as for example services performed substantially as an aid to the vessel in navigation. For this reason it would appear that employees making repairs to vessels between navigation seasons would not be “employed as” seamen during such a period. (See *Desper* v. *Starved Rock Ferry Co.,* 342 U.S. 187; but see *Walling* v. *Keansburg Steamboat Co.,* 162 F. 2d 405 in which the seaman exemption was allowed in the case of an article employee provided he also worked in the ensuing navigation period but not in the case of unarticled employees who only worked during the lay-up period.) For the same and other reasons, stevedores and longshoremen are not employed as seamen. (*Knudson* v. *Lee & Simmons, Inc.,* 163 F. 2d 95.) Stevedores or roust-abouts traveling aboard a vessel from port to port whose principal duties require them to load and unload the vessel in port would not be employed as seamen even though during the voyage they may perform from time to time certain services of the same type as those rendered by other employees who would be regarded as seamen under the Act.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           1,125
<SECURITIES>                                         0
<RECEIVABLES>                                   16,020
<ALLOWANCES>                                     (130)
<INVENTORY>                                     14,483
<CURRENT-ASSETS>                                35,701
<PP&E>                                          73,059
<DEPRECIATION>                                  27,415
<TOTAL-ASSETS>                                 100,728
<CURRENT-LIABILITIES>                           38,143
<BONDS>                                         53,281
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            41
<OTHER-SE>                                       6,827
<TOTAL-LIABILITY-AND-EQUITY>                   100,728
<SALES>                                        151,196
<TOTAL-REVENUES>                               151,196
<CGS>                                          129,740
<TOTAL-COSTS>                                  129,740
<OTHER-EXPENSES>                                14,238
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,720
<INCOME-PRETAX>                                  2,498
<INCOME-TAX>                                       415
<INCOME-CONTINUING>                              2,083
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    419
<CHANGES>                                            0
<NET-INCOME>                                     1,664
<EPS-PRIMARY>                                      .41
<EPS-DILUTED>                                      .36
        

</TABLE>
# FiscalYear2011_Budget
ACL/AoD Developmental Disabilities Councils (SCDD) Awards for the States/Territories

FY 2020 Final Allocation (Including Reallotment)

8/10/2020

State/Territory

AIDD 

Developmental 

Disabilities 

Councils (SCDD)

Alabama $1,317,944

Alaska $533,068

Arizona $1,536,283

Arkansas $786,962

California $7,891,297

Colorado $1,077,298

Connecticut $728,678

Delaware $533,068

District of Columbia $533,068

Florida $4,213,243

Georgia $2,193,860

Hawaii $533,068

Idaho $533,068

Illinois $2,704,214

Indiana $1,523,312

Iowa $792,256

Kansas $628,944

Kentucky $1,223,186

Louisiana $1,407,854

Maine $533,068

Maryland $1,193,722

Massachusetts $1,391,820

Michigan $2,590,362

Minnesota $1,092,901

Mississippi $935,592

Missouri $1,393,040

Montana $533,068

Nebraska $533,068

Nevada $610,335

New Hampshire $533,068

New Jersey $1,731,436

New Mexico $533,144

New York $4,176,220

North Carolina $2,093,337

North Dakota $533,068

Ohio $2,913,208

Oklahoma $918,206

Oregon $831,242

Pennsylvania $3,097,206

Rhode Island $533,068

South Carolina $1,122,620

South Dakota $533,068

Tennessee $1,495,528

Texas $5,693,774

Utah $646,912

Vermont $533,068

Virginia $1,647,016

Washington $1,537,802

West Virginia $756,610

Wisconsin $1,335,982

Wyoming $533,068

American Samoa $277,608

Guam $277,608

Northern Mariana Islands $277,608

Puerto Rico $752,079

Virgin Islands $277,608

TOTAL $77,088,809
§ 779.366 Recapping or retreading tires for sale. ( a ) Some automotive tire establishments engage in recapping and retreading work on tires which the establishment expects to sell in their reconditioned form. Such activities are not performed as a service for a customer but constitute manufacturing goods for sale. Employees performing such work may be exempt only if they are employed by an establishment which meets all the requirements of the 13(a)(4) exemption.
( b ) For purposes of meeting the retail recognition requirement of section 13(a)(4), an establishment engaged in retreading or recapping of tires which qualifies for exemption under section 13(a)(2) is recognized as a retail establishment in the industry if not more than 50 percent of the annual dollar volume of its sales resulting from its retreading and recapping operations comes from the sale of tires retreaded and recapped for sale.
**EXHIBIT 32.1**

 

**CERTIFICATION**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

**(Subsection (a) and (b) of Section 1350 of Chapter 63 of Title 18 of the United States Code)**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350 of Chapter 63 of Title 18 of the United States Code), the undersigned officer of Alexander’s, Inc. (the “Company”), hereby certifies, to such officer’s knowledge, that:

 

The Quarterly Report on Form 10-Q for the quarter ended September 30, 2008**(the “Report”) of the Company fully complies with the requirements of Section 13(a) or 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.

 

|             |   |   |
|------------------|--------|--------|
| November 3, 2008 |   |   | /s/ Steven Roth |
|             |   | Name:  | Steven Roth |
|             |   | Title: | Chief Executive Officer |
|                  |        |        |  |  |
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               DEC-31-2000
<PERIOD-START>                  JAN-01-2000
<PERIOD-END>                    JUN-30-2000
<CASH>                                31,307
<SECURITIES>                               0
<RECEIVABLES>                        352,508
<ALLOWANCES>                           9,105
<INVENTORY>                           45,277
<CURRENT-ASSETS>                     467,894
<PP&E>                             2,485,242
<DEPRECIATION>                     1,216,750
<TOTAL-ASSETS>                     1,787,796
<CURRENT-LIABILITIES>                304,912
<BONDS>                              399,473
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0
<COMMON>                              51,279
<OTHER-SE>                           833,665
<TOTAL-LIABILITY-AND-EQUITY>       1,787,796
<SALES>                                    0
<TOTAL-REVENUES>                   1,623,491
<CGS>                                      0
<TOTAL-COSTS>                      1,564,723
<OTHER-EXPENSES>                           0
<LOSS-PROVISION>                           0
<INTEREST-EXPENSE>                    10,091
<INCOME-PRETAX>                       51,382
<INCOME-TAX>                          19,725
<INCOME-CONTINUING>                   31,657
<DISCONTINUED>                             0
<EXTRAORDINARY>                            0
<CHANGES>                             14,206
<NET-INCOME>                          45,863
<EPS-BASIC>                           0.94
<EPS-DILUTED>                           0.93



</TABLE>