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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-1631

THERON J. BARTELL,

Plaintiff - Appellant,

versus

FRANCIS MARION UNIVERSITY; FRANK A. BRADDOCK,

Mr.; N. CASEY FREDERICK, Mr.; O. MITCHELL

MARTIN, Mr.; W. CALVIN THOMPSON, Mr.; THOMAS

C. STANTON, Dr.,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. Cameron McGowan Currie, District

Judge. (CA-97-3819-4-22)

Submitted: July 22, 1998 Decided: August 5, 1998

Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Theron J. Bartell, Appellant Pro Se. Vance J. Bettis, GIGNILLIAT,

SAVITZ & BETTIS, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court’s order dismissing his

civil action under the Americans with Disabilities Act. We have

reviewed the record and the district court’s opinion and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. Bartell v. Francis Marion University, No. CA-97-

3819-4-22 (D.S.C. Apr. 1, 1998). 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.

AFFIRMED
February 16 , 2012



### JUDGMENT



## The Fourteenth Court of Appeals

VINCE CASIMIR AND AS PEN PREMIER ASSETS, LTD. , Appellant

NO. 14

- 12

- 00023

- CV V.

FRONTERA ENERGY, LLC , Appellee

____________________

Today the Court heard its own motion to dismiss the appeal from the judgment
signed by the court below on January 6, 2012. Having considered the motion and found
it meritorious, we order the appeal DISMISSED

. We further order that all costs incurred by r eason of this appeal be paid by VINCE

CASIMIR AND ASPEN PR EMIER ASSETS, LTD.

We further order this decision certified below for observance.
ex48.htm


Exhibit 4.8


 


Stephen Burns


c/o AMP Holding Inc.


100 Commerce Boulevard


Loveland, Ohio 45140







June 5, 2012







AMP Electric Vehicles Inc.


100 Commerce Boulevard


Loveland, Ohio 45140







Attention: James Taylor, CEO








	
  

	
Re:

	
Promissory Note (the “Note”) dated November 30, 2009 in the amount of $43,000 between Advanced Mechanical Products, Inc. (n/k/a AMP Electric Vehicles Inc.) (“Maker”) and Stephen Burns (“Holder”)












Dear Mr. Taylor:







Reference is hereby made to the Note.  As set forth in the Note, the principal and interest on the outstanding balance was to be paid by Maker to Holder on November 30, 2009.  The parties, by executing below, hereby agree that the first paragraph of the Note is hereby amended and restated as follows:







“FOR VALUE RECEIVED, Advanced Mechanical Products, Inc., an Ohio corporation (the “Company”), hereby promises to pay to the order of Stephen S. Burns (“Holder”), the principal amount of FORTY THREE THOUSAND dollars ($43,000) on the earlier of (i) the closing of any financing by the Company or (ii) September 30, 2012 (“Maturity Date”) or earlier as hereinafter provided.  Interest on the outstanding principal balance shall be paid at maturity at the rate of three percent (3%) per annum.  Accrued interest shall also be payable at such time as any payment of principal of this Note is made.  Interest shall be computed on the basis of a 365-day year, using the number of days actually elapsed.”


 


We kindly request that you execute this letter below indicating that you agree with the above amendment.


 




	 	
Sincerely,

	 
	 	 	 	 
	
 

	
 

	/s/ Stephen Burns	 
	 	 	
Stephen Burns

	 
	 	 	 	 
	 	 	 	 









 


AGREED AND ACKNOWLEDGED:







Advanced Mechanical Products, Inc. (n/k/a AMP Electric Vehicles Inc.)







By: /s/ Richard J. Calme


Name: Richard J. Calme


Title: Interim CFO
3200 Southwest Freeway
Houston, Texas 77027-7528
P.O. Box 1370
Houston, Texas 77251-1370
Telephone 713/543-6500

(LOGO) BANK UNITED


Management Assertion

As of and for the year ended September 30, 1999,  Bank United and  subsidiaries'
(the "Bank") has complied in all material  respects  with the minimum  servicing
standards set forth in the Mortgage  Bankers  Association  of America's  Uniform
Single Attestation  Program for Mortgage Bankers.  As of and for this same year,
the Bank had in effect a fidelity  bond and errors and  omissions  policy in the
amount of $40,000,000 and $25,000,000, respectively.

Anthony J. Nocella
CFO & Vice Chairman
October 26, 1999

Jonathan K. Heffron
COO, Executive Vice President
and General Counsel
October 26, 1999
§ 154.2025 Certification, recertification, or operational review—certifying entity documentation. ( a ) If the certifying entity is satisfied that the facility's vapor control system (VCS) has successfully undergone the reviews, inspections, and tests required by 33 CFR 154.2022(a) for certification or recertification, and that the VCS will operate properly and safely, the certifying entity must certify or recertify the VCS by issuing a certification letter to the facility owner or operator, and by sending copies of the letter to the Captain of the Port (COTP) and the Commandant. The certification letter must refer by date to the certifying entity's letter of acceptance issued under 33 CFR 154.2011(c), and must— ( 1 ) State that the facility complies with applicable regulations and with its operations manual, and list any exemptions to the applicable regulations that have been approved by the Coast Guard;
( 2 ) Report on all reviews, inspections, and tests undergone by the VCS in accordance with 33 CFR 154.2022(a);
( 3 ) List all plans and drawings that were reviewed by the certifying entity;
( 4 ) State if the VCS may control vapors from tank barges that are required to have a shore-side, explosion-proof receptacle or an overfill control system required by 33 CFR 154.2102(a) and (b); and
( 5 ) List all cargoes that the certifying entity approves for control by the VCS.
( b ) If the certifying entity is satisfied that the facility's VCS has successfully undergone the operational review required by 33 CFR 154.2022(b), the certifying entity must issue an operational review letter to the facility owner or operator, and send copies of the letter to the COTP and the Commandant. The operational review letter must— ( 1 ) List each item reviewed and inspected;
( 2 ) Describe the transfer or cleaning operation observed; and
( 3 ) Summarize the review's results.
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                              20
<SECURITIES>                                         0
<RECEIVABLES>                                    4,772
<ALLOWANCES>                                         0
<INVENTORY>                                        953
<CURRENT-ASSETS>                                11,220
<PP&E>                                          13,709
<DEPRECIATION>                                   7,876
<TOTAL-ASSETS>                                  17,110
<CURRENT-LIABILITIES>                           11,745
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           510
<OTHER-SE>                                         517
<TOTAL-LIABILITY-AND-EQUITY>                    17,110
<SALES>                                          9,151
<TOTAL-REVENUES>                                 9,151
<CGS>                                            7,183
<TOTAL-COSTS>                                    7,183
<OTHER-EXPENSES>                                    38
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 396
<INCOME-PRETAX>                                   (960)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (960)
<EPS-PRIMARY>                                     (.38)
<EPS-DILUTED>                                        0
        


</TABLE>
Innovations in Nutrition Technology 

Survey

The following questions pertain to the use of the handheld scanners and key tags that are used in the congregate 

dining and restaurant dining programs within your county. As a provider of one of the two programs which use 

them, we would like to know how the implementation of them has impacted you as a provider. This input will 

help us report back to the Administration on Community Living, on how using technology has impacted 

providers within our network.

1. How would you rate the effectiveness of the scanners in terms of tracking client units?

$ Poor $ Fair $ Good $ Very Good $ Excellent

2. Do you feel that the scanners were a user friendly device to assists in capturing clients meal units?

$ Strongly Disagree $ Disagree $ Neutral $ Agree $ Strongly Agree

3. Did you have any challenges arise with implementing the use of the scanners for you and your staff?

$ Yes $ No

4. If yes, what were some of the challenges?

5. Would you implement any changes in the way the scanners or other technology are used to track client 

service units and data?

$ Yes $ No

6. If yes, what would you like to see changed?

For Congregate Sites:

7. Do you feel that the implementation of scanners has helped to reduce the amount of staff time in terms of 

data collection and entry on a daily, weekly or monthly basis?

$ Strongly Disagree $ Disagree $ Neutral $ Agree $ Strongly Agree

Complete questions on other side

A 3

2 0 1

A32 Page 1
Innovations in Nutrition Technology 

Survey

8. How has the feedback from staff and clients been in terms of using the scanners and key tags to track 

attendance?

$ Poor $ Fair $ Good $ Very Good $ Excellent

9. Could you provide additional feedback on the implementation and use of the scanners and key tags?

For Go & Dine Providers:

10. Are you aware of any technology available that may interface with your POS system better?

$ Yes $ No

11. If yes, what is the name and how would it be used?

12. Could you provide additional feedback on the implementation and use of the scanners and key tags?

Thank you!

OFFICIAL USE ONLY

13. Provider type

C G

$ $ 

14. County:

A E

$ $ 

A 3

2 0 2

A32 Page 2
#### § 127.1511 International shore connection.

Each marine transfer area for LHG that receives foreign flag vessels must have an international shore connection meeting the requirements of ASTM F1121-87 (Reapproved 2019) (incorporated by reference, see § 127.003).

[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by USCG-2000-7223, 65 FR 40057, June 29, 2000; USCG-2019-0444, 87 FR 5692, Feb. 2, 2022]
Editorial Note on Part 150
Editorial Note: Nomenclature changes to part 150 appear by USCG-2010-0351, 75 FR 36284, June 25, 2010.

§ 150.609 When is eye and face protection required? The operator must provide eye and face protectors for the use of persons engaged in or observing activities where damage to the eye is possible, such as welding, grinding, machining, chipping, handling hazardous materials, or burning or cutting acetylene. These eye and face protectors must be: ( a ) Properly marked and in compliance with the requirements of 29 CFR 1910.133; and
( b ) Maintained in good condition or replaced when necessary.
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.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841*et seq.*) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 15, 2011.

A. Federal Reserve Bank of Richmond (Adam M. Drimer, Assistant Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528:

                    1.                     *Community First Financial Group, Inc.,*                     Chapel Hill, North Carolina; to become a bank holding company by acquiring Harrington Bank, Chapel Hill, North Carolina, proposed successor by charter conversion to Harrington Bank, FSB, Chapel Hill, North Carolina.                

Board of Governors of the Federal Reserve System, August 16, 2011.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2011-21218 Filed 8-18-11; 8:45 am]

BILLING CODE 6210-01-P
**EXHIBIT 23.1**

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

 

The Board of Directors 

Mercury General Corporation: 

 

We consent to the incorporation by reference in the registration statement (No.333-62228) on Form S-3 of Mercury General Corporation and the registration statement (No. 333-01583) on Form S-8 of Mercury General Corporation of our reports dated March 11, 2005, with respect to the consolidated balance sheets of Mercury GeneralCorporation and subsidiaries as of December 31, 2004 and 2003, and the related consolidated statements of income, comprehensive income, shareholders’ equity and cash flows for each of the years in the three-year period ended December 31, 2004,and all related financial statement schedules, management’s assessment of the effectiveness of internal control over financial reporting as of December 31, 2004 and the effectiveness of internal control over financial reporting as of December31, 2004, which reports appear in the December 31, 2004 annual report on Form 10-K of Mercury General Corporation. 

 

/s/ KPMG LLP 

 

LosAngeles, California 

March 11, 2005
###### Editorial Note on Part 117

#### Editorial Note:

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

#### § 117.113 Tensaw River.

The draw of the CSX Transportation Railroad bridge, mile 15.0 at Hurricane, shall open on signal if at least ten-hours-notice is given. The draw shall open at the direction of the District Commander.

[USCG-2018-0956, 84 FR 65677, Nov. 29, 2019]
III 

110TH CONGRESS 

1ST SESSION S. RES. 53 

Congratulating Illinois State University as it marks its sesquicentennial. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2007 

Mr. DURBIN (for himself and Mr. OBAMA) submitted the following resolution; 

which was referred to the Committee on the Judiciary 

RESOLUTION 

Congratulating Illinois State University as it marks its 

sesquicentennial. 

Whereas Illinois State University marks its sesquicentennial 

with a year-long celebration, beginning with Founders 

Day on February 15, 2007; 

Whereas Illinois State University is the oldest public university in the State of Illinois; 

Whereas Illinois State University has 34 academic departments and offers more than 160 programs of study in 

the College of Applied Science and Technology, the College of Arts and Sciences, the College of Business, the 

College of Education, the College of Fine Arts, and the 

Mennonite College of Nursing; 

Whereas Illinois State University is 1 of the 10 largest producers of teachers in the Nation, and nearly 1 in 7 IlliVerDate Aug 31 2005 06:43 Feb 01, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR53.IS SR53

bajohnson on PROD1PC69 with BILLS
2 

•SRES 53 IS 

nois teachers holds a degree from Illinois State University; 

Whereas Milner Library at Illinois State University contains 

more than 3 million holdings and special collections; 

Whereas Illinois State University is ranked nationally as one 

of the 100 ‘‘best values’’ in public higher education; and 

Whereas Illinois State University participates in the American Democracy Project, an initiative that prepares students to engage in a competitive global society: Now, 

therefore, be it 

1 Resolved, That the Senate congratulates Illinois State 

2 University as it marks its sesquicentennial. 

Æ 


bajohnson on PROD1PC69 with BILLS
Editorial Note on Part 117
Editorial Note: Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

§ 117.829 Northeast Cape Fear River. ( a ) The draw of the Isabel S. Holmes Bridge, at mile 1.0, at Wilmington, North Carolina will operate as follows: ( 1 ) The draw will be closed to pleasure craft from 6 a.m. to 6 p.m. every day except at 10 a.m. and 2 p.m. when the draw will open for all waiting vessels.
( 2 ) The draw will open on signal for Government and commercial vessels at all times.
( 3 ) The draw will open for all vessels on signal from 6 p.m. to 6 a.m.
( 4 ) From 7 a.m. to 9 a.m. on the second Saturday of July of every year, from 12 p.m. to 11:59 p.m. on the last Saturday of October or the first or second Saturday of November of every year, and from 7 a.m. to 11 a.m. on the first or second Sunday of November of every year, the draw need not open for vessels to accommodate annual races.
( b ) The CSX Hilton Railroad Bridge, mile 1.5 in Wilmington, NC shall operate as follows: ( 1 ) The draw of the bridge to be remotely operated by the controller at the Navassa Railroad Bridge mile 34.0 across the Cape Fear River.
( 2 ) The draw shall be left in the open position to vessels and will only be closed for the passage of trains and to perform periodic maintenance authorized in accordance with Subpart A of this part.
( 3 ) Trains shall be controlled so that any delay in opening of the draw shall not exceed ten minutes except as provided in 117.31(b).
( 4 ) The CSX Hilton Railroad Bridge shall not be operated by the controller at the CSX Navassa Railroad in the event of failure or obstruction of the motion sensors, laser scanners, video cameras or marine-radio communications. In these situations, a bridge tender must be called to operate the bridge on-site.
( 5 ) When rail traffic has cleared, the horn will automatically sound one prolonged blast followed by one short blast to indicate that the CSX Hilton Railroad Bridge is moving to the full open position to vessels. During open span movement, the channel traffic lights will flash red, until the bridge is in the full open position to vessels. In the full open position to vessels, the bridge channel traffic lights will flash green, allowing vessels to pass safely.
( 6 ) During closing span movement, the channel traffic lights will flash red, the horn will sound five short blasts, and an audio voice-warning device will announce bridge movement. Five short blasts of the horn will continue until the bridge is seated and locked down. When the bridge is seated and in the locked down position to vessels, the channel traffic lights will continue to flash red.
( c ) The draw of the Seaboard System Railroad Bridge across the Northeast Cape Fear River, mile 27.0, at Castle Hayne, North Carolina shall open on signal if at least four hours notice is given.
[CGD05-02-014, 67 FR 70554, Nov. 25, 2002, as amended by CGD05-04-120, 69 FR 70061, Dec. 2, 2004; CGD05-05-102, 71 FR 5010, Jan. 31, 2006; USCG-2010-1139, 76 FR 30832, May 27, 2011; USCG-2012-0193, 77 FR 50378, Aug. 21, 2012]
**EXHIBIT 31.2**
**CERTIFICATION**
I, Joseph Macnow, certify that:
 1. I have reviewed this Quarterly Report on Form 10-Q ofAlexander’s, Inc.;  2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respectto the period covered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presentedin this report;  4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
 a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report isbeing prepared;  b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered bythis report based on such evaluation; and  c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financialreporting; and
 5. The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming the equivalent functions):
 a) All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and  b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.
August 5, 2004
/s/ Joseph MacnowJoseph Macnow